The herald and news. [volume] (Newberry S.C.) 1903-1937, 1907-07-09
PFNSION FRAUD CASE.
"a,
Indictment y Against -Four colleton
Men Qud'shed--The Case was
We'll Known.

case has attracted considerable atten-
ton and much interest has been shown
in the conclusion. 1t was generally
known that it would be called for
trial, and in consequence the court
room was crowded. The decision OF
the court dismissing the case seems to
meet with commendalion on the
ground that the state, through It's leg
ally constituted officers, had agreed
upon Il settlement, and had, there
fore, no right to again bring an i'll
dictment against the defendants.
A short history Of the ease will not
be uninteresting. The defendants
we're G.. j. Warn. Henry j. Dubois,
G.. w. Timer and =. NJ. Warn, and the
indictment alleges thai III January,
1901, they conspired together to OBJ
tain from +. II. McTcer, then clerk
Of court, q sum Of money from the
pension fund of the county, through
forgery and false preicnsions, lha'
is, forgin" the names OF persons not
living and obtaining pensions 1or
them. They succeeded i'll obtalhlh"
in this manner the sum OF T4z''oo.
This fraud was moi discovered I'LL
,ho o,r,v part Of the year 1908. when
Can't. II. d. Padgett, who hau sue
oondoa Clerk of Court McTccr IN OF
flee, was paying out the pension tunoS
for that year. He reported tins tac'
Of the alleged fraud 10 the sollc'!or
81, Julien Jcrvey, who preferred bl''s
uof indictment at the July term "'
,*cn,,, IN 1908. The grand jury re-
,iiu,,,pA true bills against the arleh"-
q ants named above. The ease WAS con-
, t;,ncd ot the fall term Of Court l'o''
IN account Of the illness OF one OIL 'he
defendants. ,
AT the spring term Of Court ''o''
!, 4ho solicitor received a letter from the
county board Of pensioners request
N;,y him 10 enter nolle prosecute tor
Mtho reason that the defendants hao
$.no;d hack the full sum Of $423.oS, ah'
}Etb,, ,'rv believed ii would be Tor inc
Nbest Interests of the county ana a''
if the solicitor would con
81 sent to nolle PROSE- the ease. Inns he
agreed to do ,
The grand jury few days later
handed in a prescntmcnt that WAS
unite sensational. They presented the
solicitor and every member or the
county board of pensions FOR agree
inc to settle this case, and re-preS-
ented every defendant. The solicitor
did not make ont any new h'''S al
that time.
subsequently to this the rnnnp'r"l-
ler GENERAL called Solicitor Jcrvcy I"
Columbia and, by his advice, the soil
c;,or orain in June. 1906. handed the
Grand Jury new indictments and 'hey
returned true bills. Al the faV term
tnr ease was again continued on ac-
count of the illness OF one or c"uhSel'
No conr, was held in March tins year,
ow;no. to a defect in the DRAWN" or
the jury.
When The ease WAS called this morn
iur Mr.. W. Is. Grnbrr. Of counsel '"r
thc defence, made motion I" qnash
the indictment on the ground t''ai II
was not specific enough i'll detail.
JUDGE Gary held that the 1ndlc'-
mont was sufficient enough, char"n"
General conspiracy, fradulentiy to OBJ
tain public funds.
Tire defendants were then arral"n-
ed and G.. J. Warn pleaded not guilty.
AVID counsel for defendants entered
special plea in bar. setting on the
Facts Of The compromise a""rlmcnt BE-
tween the county board Of "cnSl"ners'
The solicitor and thc defendants. IheE
argued that the state, throught Its leg
,llv constituted officers. had "rrcpleA
the ray,cant of this money, and th''
fine ease. because q; :hl> a"reemc''
had bcep gol PFC sol. "! that
would c/,6ting in bad faith 10 again
bring 4 after The defendants nat
xomr,ieH with the re nrcmchts OF the
state as expressed +h""n!h its legally
constituted; officers. This Plea. w'th
some changes agreed to by the counsel
FOR both sides, was arg':"d by M'.
Gruber and Solicitor Jcrvey, who
briefly recitcd the history of the case.
Judge Gary ::.". rendered lis dc
.cision, 8, s:ainin" NC p'ra ard d.
nj. sing ,nc case llc -aId = did n''