Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1908-01-31
REcEIvERsHIP DENIED.
Judge Pritchard Thinks Dispensary
Funds Safe In Hands of State.

Chairman Murray, of the winding up
commission, was before Judge Pritch-
ard at Asheville last Wednesday to an
swer the complaint and petition OF
Fleischmann & Co., the New York
whisky people, in the effort to secure
the appointment Of a receiver for the
funds of the South Carolina dispensary
|amounting to something like 100000.
| The return of the commission was
lengthy and quite explicit in more or
less sensational detail. 1t denied the
Jurisdiction Of the court; but neverthe-
| less went on to make quite strong
showing.
The sum and substance Of the return
Is that Fleischmann & Co., had entered
| into a conspiracy with another firm to
defraud the state out Of large sums of
money and that the commission stands
ready to pay Fleischmann and all 9TH
| er creditors all it owes them as soon
as they make satisfactory shOwings.
The answer denies as false and mali
cious the charge that the commission
| ers were wrongfully Withholding the
amounts due the plaintiff for the in
terest Of the commissioners and also
that the attorney general Is oonspiring
with the commissioners to withhold
these funds. On this last point the re-
turn demands proof as 1t does on other
charges made in the complaint.
Mr.. Lyon took occasion to call at
tention to the resolution adopted by the
house Of representatives on Tuesday,
and he said that the state Of South
with the funds.
Before Judge Prltchard announced
his decision Mr. Lester, one Of the at
TO, fn 10 Sl DQnnln
Mr.. Lyon had so or 60 warrants against
whisky people, and they were afraid to
go to Columbia to collect their claims
because of danger Of arrest He cited
the case of Goodman, Ullman's man as
being in point.
Mr.. Lyon said that a cry like this
was quite natural from people who had
defrauded the state; but went on to
say that he had no warrant against the
Fleischmann people and was willing to
guarantee them immunity from arrest
Notwithstanding that he had informa-
ton of certain croOkedneSS Of which
they were guilty.
Judge Pritchard said that he had de-
cided that the funds Of the commission
were very we'll protected and would not
appoint q receiver: but if he had juris-
diction he would appoint a master to
take testimony and sift the matter to
the bottom in the interest Of simple
Justice He directed counsel therefore
to argue the question of jurisdiction.
Argument was continued through We'd
nesday afternoon and not concluded
until yesterday morning.
The hearing was resumed yesterday
and became even warmer and more
sensational in words. personal crimina-
tions and recriminations.
In the course of his remarks Mr..
Mordecai deferred to the defeat in the
senate Wednesday Of the resolution de-
clarng the commissioners to be the
agents of the state. Mr.. Lyon had said
that the resolutions had passed the
house and would pass the senate. Mr..
MOrdecai said the resolutions had been
defeated by the senate. Judge Pritch-
ard was very much interested and ask
ed Mr.. Morcedai if he had heard cor
rectly.
Mr. w. +. Stevenson said that there
were in the senate Of South Carolina
a larger number of senators who were
attorneys for the whisky houses and
for the indicted grafters than was the
majority against the resolution, and
that these were the persons who were
forcibly fighting the resolution.
Mr. Barnard Of counsel Of Fleisch-
mann & Co., asked as to whether Mr..