The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-06
M|STR|AL FOR BLACK.
INDISCRETIONS OF JURORS
CAUSE THE ABRUPT END.
Mcmminger Doesn't Believe There's
Anything Corrupt i'm Actions of
Black Jury, But Desires to Protect
Interests of Justice-Carpenter and
Constable Clash at Hotel.

Columbia, Oct. Ito an abrupt
unexpected and sensational end came
the trial this morning of ex-Dispen-
sary Director John Black for bribery.
Judge Memminger ordering a mistrial
after an investigation which showed
that the jury bad been communicated
with in two serious particulars. He
held Juror j. d. Perry, a meat market
man, and his clerk. c. M. Dorm, who
had talk last night concerning busi-
ness matters, Juror Perry hailing Mr..
Dorm as the latter was passing under
the window at Wright's Hotel, where
the jury was confined. He suspend
ed sentence against them until he
could make up his mind just what
punishment to mete out to them.
The remainder Of the jury he al
lowed to go temporarily without pay
until he could make up his mind just
what to do with regard to them.
The investigation disclosed that the
communication last night between
Dorm and Perry was probably entirely
free from any corrupt intent OH the
part OF either. but as the judges ques-
tioning of jurors this morning pro-
ceeded still more serious matter
came to light; that the first morning
after the trial began. Thursday morn
ing. one Of the jurors got a newsboy
to throw copy of The State (news-
paper) of that day up into the jury
room.
This paper had several articles CAL
culated to influence the jury One was
the testimony of Wylie under big
headlines on the first page The
headlines saying "Wylie Gives VAL
liable Testimony for the State" An
other was symposium of editorials
from the weekly press of the State
denouncing the verdict in the Farnum
case. while still another feature was
cuts picturing the checks and drafts
brought out by the prosecution in the
Black case.
1t was intimated by other members
OF the jury that it was ]. d. Perry.
who. had the paper thrown up into
the room, though Mr.. Perry did not
| admit this to the Judge. Mr.. Perry
not only communicated with Dorm,
but on learning that ne and young
Abney Keith, an elevator boy, at the
slIyscraper who had been helping
Dorm at Perry's meat market had
been arrested, sent out to lave Keith
bailed out. Dorm spent the night in
Sail
Judge Memminger on learning that
Magistrate j. H. Fowles had lailed
Keith out called him up over the
| Phone this morning and wanted to
| know his authority for grant ting a
| man bond not under his Jurisdiction,
Mr.. Fowles said he understood il to
| be his duty to grant bond, but he GER
tainly would not have interfered had
| he thought about the matter being in
the jurisdiction OF the Sessions Court
alone. After completing the investi-
| CATION which he conducted by ex-
amining each Of the jurors separa ately
after putting Dorm and the bailifl
through an examining, Judge Mem
fcN hi
gone about half an hour, wrestling
with he situation alone.
When the jury filed in the Judge
addressing them expressed surprise
pain and regret at what had happen
ed.
Il want to sa& to you, after the in
vestigatlon / made this morning
can not see but one coursc TO pursue,
| and that is G nistrial of this case will
have To be ordered. I do not think
the matters which have been brought
out show that there has been any cor
ruption among you. but thore has
been serious indiscretion, and the in
discretion is such that if a verdict of
guilty Were rendered in the case. un-
der the authorities, the defendant
would be entitled to a new trial
Il have to look at both sides of a
case, and l must look from the stand
point Of the State as we'll as that of
the defendant. If ! allow the case to
go to you, with these matters before
me. as have been brought out. the
State would have no redress whatso-
ever, If you find a verdict of not
guilty. The only thing | see to do is
to order mistrial of the case.
Il am extremely sorry that this
thing should have happened. that you
should have been guilty of this in
discretion. Every precaut;on was talk