The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-10-02


The First Of the Graft Cases.
James s. Farnum was tried in the
Court OF General Sessions at Colum-
bia last week. His trial began on
Tuesday and ended on Saturday. He
was represented by able counsel and
his prosecution was conducted by the
Attorney General Of the State. assist
ed by number of eminent lawyers.
He was charged with bribery, using
money for the purpose of corrupting
tie officers OF the State engaged in
the management OF the State Dispen-
sary. His counsel moved for a con-
tinuance of the case on the ground
that he had not been given sufficient
time in which to perfect his defense
This motion was denied by the pre-
siding Judge and several other mo-
tions. which appeared to the outside
layman to be of purely dilatory
character. were also denied by the
Judge. and the case was brought to
trial. The selection Of the jury con-
sumed eighteen minutes, the State ex-
eroising the right Of only three chal-
lenges and the defense a like number.
The first witness was called on We'd
nesday and the last on Thursday. The
defense did not put up a single wit
ness. The counsel made their argu-
ments to the jury on Friday. Judge
Xemminger charged the jury on Sat-
urday, and six hours later the jury re-
turned a verdict Of mot guilty.
The charge against Farnum was
that he had bribed J. B. Wylie, one of
the members of the old Dispensary
hoard of control, by paying him the
sum OF $1,125 for obtaining for him
the sale Of certain liquors bought by
the board Of control for sale in the
dispensaries. This money was paid
through the hands Of Henry Samuels,
at the time engaged In the business
of placing orders with the Dispensary
ne had never made any restitution to
people. and now filling the office of
mayor OF the city Of Chester. wy!ie
testified that he got the money and it
was proved that on or about the time
OF this transaction draft given by
Farnum for the identical amount re-
ctived by Wylie was cashed at a bank
ir Chester. Wylie further testified
that during the year 1905 he received
a'aout $4,000 for like services, and
ne had been advised by his personal
counsel to tell the whole truth, and
that he would not be criminally
prosecuted. He testified that he had
lost large part of the money he had
been paid for his Influence" in Sc
curing orders for his friends. but that
the State. Wylie's statements were
corroborated by Samuels and it was
mainly upon their testimony that the
State asked for the conviction of Far
mum.
In his charge. which was particu-
lhrly fair and impartial, Judge Mem
rainger told the jury that 1t was not
safe to convict upon the testimony of
an accomplice without corroboration,
and that mere present to an al
legged official given without prio,
corrupt promise, understanding or
agreement will not suffice to constitute
common law bribery" The jury found
'arnum not guilty. According to the
newspaper reports the jury stood i'm
inediately upon retiring to their room
eleven for acqulttal and after delib-
Grating for six hours the twelfth man
was converted to the view of the ma
Iority. The jury was composed en-
iirely of men of the vicinage. They
nad no personal interest in .Farnur.
and were influenced doubtless solely
oy desire to do the fair thing.
The other cases will go to trial and
100 much cannot be said in praise of
the Attorney General for his persis-
tent pursuit Of the grafters who fat
tened upon the dispensary and
brought the State into the contempt Of
the world. 1t is hoped that he will
not lose heart because Of the failure
OF his first effort to convict-News &
Courier.