Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1909-11-30

the larceny Of lot of cotton from the
field. The case took up all Of Friday
| afternoon and the speeches were not
| concluded until Saturday morning. At
the conclusion of the States testimony,
| the solicitor consented to a verdict of
not guilty as to John Haffner and Jim
Crosby. The jury took the papers as
to the others and returned with ver-
dict of not guilty.
Practically all Of Saturday was TAX
en- up In the trial Of the case of the
State against John L. Ashe. charged
with breach Of trust with fraudulent
intent. This case was a rather unu-
, sual one in several particulars, and
| not the least unusual feature Of II
| was that 1t resulted in a verdict Of
guilty, Notwithstanding the fact that
it was clearly made to appear that the
prosecution had its inception in an ef-
fort to collect an account
The State showed that the defendant
had bought lot Of fertilizers, amount
ing to about $1,10O from the Planters
Fertilizer and Phosphate company. A
portion of the fertilizers was for the
use Of the defendant, and the balance
was sold to other parties. In accord
ance with the terms of q contract be-
tween the parties, the defendant gave
his note for the whole amount pur-
chased, and taking the notes Of his
customers for the amount sold to them,
turned the notes of the customers over
to the fertilizer company as collateral
security for his own note. When the
notes Of the customers were due, the
fertilizer company sent them to Ashe
and in due time paid to the fertilizer
company an amount equal to their ag-
gregate value; but there was still a
balance due on his own note, and the
fertilizer company having evidence
that the defendant had used the pro-
ceeds from the collateral notes for his
own purposes. prosecuted him GRIM
inally, in order, 1t was alleged, to ccm-
pei the payment Of the other money.
According to the testimony. repre-
sentative Of the company went to Ashe
in the fall of 1908, for a settlement.
Ashe admitted that he had collected the
money on the collateral notes and had
used it for his own purposes. He as
serted his intention to pay, said he had
thirteen bales Of cotton sinned, and
about twenty-five more in the seed to
gin, but his gin was broken down. He
offered to give UP the thirteen bales
then and there, and the balance as rap
idly as he could gin it. The agent Of
the phosphate company agreed to that
| arrangement and twelve bales Of cot
ton were hauled to the G. alton in three
loads, the agent Of the FERTILIZER COM
pany left the other bale because he did
not deem 1t necessary to make another
load for It; but the understanding was
that the balance Of the cotton should
be forthcoming at once. This was ear
ly In last January. At this time, Ashe
represented to the fertilizer man that
he having repaid the amount repre-
sented by the collateral notes, the fer
tilizer company should be willing to
wait on him for the balance. Shortly
afterward, he was arrested on a war
rant charging him as he was afterward
indicted and at the same time suit was
entered against him for the balance
due on his own note.
There was not a great deal Of dis
pute as to the facts in the case; but
when Ashe went on the stand to tes-
tify in his own defense, the State made
an aggressive attack on his character,
quite number Of witnesses swearing
that they would not believe him on
OATH
In the argument the attorneys for
the defense held that there was no
breach Of trust; that while the defend
ants had used the proceeds Of the notes
entrusted to him for collection for his
own purposes, he had done 1t in the
ordinary course Of business, with the
full intention Of paying all he owed;
that he had actually paid all that was
represented by the trust notes; that
the balance due was his own note;
that his character did not enter into
the matter at all; that the whole pro-
ceeding was merely In the nature Of
an effort to use the criminal side Of
the court to collect a debt that could
be properly enforced only on the civil
side of the court.
The prosecution strongly emphasized
the testimony that had been given
against the defendants character and
drew from that testimony presumptions
as to intent; but still greater stress
was laid upon the necessity Of strength
ening and upholding the principle Of
commercial integrity. 1t was argued
that a mans intentions can but be
judged by his acts; that this defendant
had no right whatever to mix these
trust funds with his own funds; that
the proceeds of each note should have
been sent in as such, and part Of the
money was received and on no ac-
count did the defendant have right
to divert the money to his own pur-
poses. The prosecution stressed the
point also that after a breach Of trust
had been committed, the subsequent
refunding Of the amount that had been
stolen for the time being would not
make it good.
The jury. after remaining out about
half an hour, returned with a verdict
Of guilty. The court overruled a mo-
ton for a new trial and sentenced the
defendant to six months in the county
Jail. Upon notice of appeal, the de-
fendant was released on a bond Of
81, 900.
LOCAL LAcoNIcS.
Magistrate For Bethel.
Mr.. Horace E, Johnson who received
the endorsement Of the voters for the
position in the recent primary has been
L.