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

behind my ear. l. marked the lower
bill. That afternoon or the follow
ing day, Mr.. Wylie deposited $l,O2O
with me. The marked bill was in the
number
Mr.. Gage was asked what made
him take this course, and he replied
that he had had an argument about
the matter, and that he thought Mr.
Wyie was getting something, but this
testimony was ruled out. Court will
reconvene at $50 O'Clock tomorrow
morning.
Wednesdays Session.
Columbia, Sept. 22.-The State
gained another victory in the Farnum
case this morning in having second
ary evidence admitted as to the draft
which is alleged to have been sent by
James S. Farnum to Henry Samuels,
at Chester. and paid to Joseph B. Wy
lie. of the State board Of directors of
the dispensary, in September, 1906. 1t
was necessary to exclude the jury
from the room while the matter was
being argued before Judge Memmin-
ger, and questions were asked the wit
ness then on the stand, Mr.. Robert
Gage, as TO the payment of the draft
at rthe Commercial Bank in Chester.
The defence objected to the allowing
of the introduction Of all the second
ary evidence until it should be proved
that the original evidence could not
be secured, and that due diligence had
been exercised by the State to get
this evidence. There was quite a
lengthy argumenu upon the point, but
Judge Memminger ruled thaS the tes-
timony and evidence should be allow
ed. The grounds for the defence's
objections were taken down by the
stenographer.
Mr.. Robert Gage, cashier Of the
Commercial Bank Of Chester, testified
again to-day as to the payment OF the
draft for $1.125, and the State sought
TO trace this instrument from the
time it was presented at the Chester
bank to the office Of the accused at the
Consumers Beer Bottling Establish
ment. Witnesses were placed on the
stand. who testified that they had
searched the files Of the company
upon which the draft is alleged to
have been drawn, but that the alleged
draft could not be found.
Records Admitted.
The contents of the books submit
ted to show the transaction alleged to
have been had was not admitted at
first except to trace out the course OF
the draft and then lay the ground for
secondary evidence. The books were
identified.
G. NJ. Berry, cashier Of the Ma
tional Loan and Exchange Bank OF
Columbia, testified as to receiving the
letter of the Commercial Bank con-
tanning the alleged Farnum item. but
the Court sustained the defence IN
the ruling that Mr.. Berry's testimony
was not the best evidence as he did
not personally open the mail and at
tend to the listing Of the items named
in the letter. H. D. Muller, also Of
this bank, testified as to the Item
transmitted to the National Loan and
Exchange Bank, the correspondent
here of the Chester Bank, but Mr..
Muller stated that he could not inde-
pendently say Of his own knowledge
as to the specific item referred to,
but that he, however, after refresh
ing his memory by the record, knew
that he had forwarded the draft to
the bank Of Charleston. This special
point caused objection by The defence.
J. E. Matthews testimony that the
check marks on the letter from Ches-
ter bank we're his own, was admitted
after objection. Mr.. Woods was re-
called and stated that the letter was
in his handwriting.
H. Wilkins, secretary and book
keeper of the Consumers Beer Bat
ting Establishment, vas the next
witness. He stated, in substance,
UPON being asked by counsel whether
he had complied with the subpoena
served upon him as to production OF
papers: II succeeded in finding one
book named in the subpoena. l made
careful search and found no others. l
eoorohod tho office and the beer bot