The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-09-24

Tor The State. NeS>rS. hulnSk1 ana
Wilkins, We're standing within the
railing about to be questioned by the
attorney for the State. BIT the
matter was halted when Judge Meiu-
minger announced that the question
would be reserved, the defense having
interposed objection to the witnesses
being examined in open Court as to
whether or not they had brought the
papers. Judge Memminger told
them that they would be in contempt
Of Court if orders had not been COM
piled with.
MIR. Abney stated that he could
show that he had not stepped outside
the bounds Of correct practice, and
this matter will probably come up
latter.
Another Clash Between Attorneys
Mr.. Abney asked that witnesses bc
excluded from the Court House ex-
cept when called upon to testify, and
this request was granted. Here arose
another small sized clash Of the at
torneys. 1t was required. that both
sides write out the names OF witness
es and hand them to the sheriff anti
all witnesses would be excluded until
each was called. The State lnade up
its list, but the defence announced
that it had no witnesses IN the Court
room. and if it had any tomorrow
would exclude them. Mr.. Abney arose
and was objecting when Judge Mem
minger, with a slight show Of lrrlta-
ton, said: 'This case IS not going
to be conducted as a game Of chance
or skill of attorneys. I am going to
60 about this matter according to the
law" He then stated that he would
allow the defence to produce the list
Of witnesses later as it secured them.
This ended the matter except that
Mr.. Abney remarked that he wanted
to know where the witnesses were
when called. Judge Memminger said
he would rely upon counsel for this.
The States list Of witnesses include
". D. Roy, ". J. Murray, J. B. Wy
lie. J. A. B. Schmidt, G.. H. Charles,
H. Wilkins, A. S. Kuliuski AM; 9TH
ers.
The First Witness.
J. L. Thorpe, of Aiken, formerly
chief bookkeeper in the dispensary,
in 1906. was the first witness called
by the State.
The examination was by Mr.. Alb
ney. Mr.. Thorpe's testimony was en-
tirelv as to the Identification of GER
tain books Of record that the State
indicated would be used lattr on IN
the trial of the case. The defence in
terposed objection to the books being
admitted, as it was alleged the prop
er witness was not present to testify,
but they were finally introduced with
out reference to the contents except
tha0 the writing was Unidentified by
questions from the counsel for the de-
fence. During the examination OF the
witness counsel on both sides stood
close to the witness and the books
were cloely examined.
The dusty volumes Of the old State
dispensary that have been hauled
about so much are expected to play
quite a part in the dispensary cases.
When Court adjourned this evening
the books were ordered locked up IN
the clerks office and not to be exam
ined except by counsel. Mr.. Thorpe
was not cross-examined further by
the offence, as he will probably be re-
called later.
The Marked Bill.
Columbia, September 2l.-Declar-
ing that out Of idle curiosity ne had
marked one Of the hundred dollar bills
rendered Henry Samuels, in payment
of draft September 18th, 1906, and
that this bill was returned for de-
post by J. B. Wylie, along with bills
to the amount Of $1,l20, Robert Gage
cashier Of the Commercial Bank OF
Chester, witness for the State in the
Farnum case, sprang the first sensa~
ton of the alleged graft trials IN the
Court of Sessions this afternoon. The
State announced before calling Mr..
Gage to the stand that it would con-
meet this testimony with tdhe accused.
This transaction is in line with the
charge in the indictment that the de-
fendant sent Samuels the draft for
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