The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1909-10-05
TRIAL OF BLACK
Suddenly Ended by Judge Memminger
Ordering a Mishial.

|
JURY READ A NEWSPAPER
A Copy of The State Found Its Way
Into the Hotel Room Occupied by
Jurors, and One Member Talked
Through a Window to One Of His
Employees.
The State of Saturday morning
gave the following story of the trial
of John Black, which was brought
to an unexpected and sensational
termination Friday: Judge Mem
minger directed "mistrial" to be
written on the record on account of
jurors having newspaper contain
! ing matter relating to the case.
The whole matter is without parallel
in the history Of the courts Of this
| State.
One of the jprors, j. D. Perry,
had had verbal communication with
the clerk in his meat market, c. NJ.
Dorm, and the latter had been ar
rested and put in the county jail.
When court assembled Friday morn
ing, Judge Memminger made an Of
fetal inquiry into the matter. He
had questioned Perry and Sessions,
another juror, and was making in
quiries of the foreman, ]. David.
when it was brought out in the most
Unconditional way that copy Of The
State had been read by the jurors
in the rooms in which they were lock-
ed up Wednesday night to keep them
from reading newspapers and other
wise receiving information from the
outside world.
Judge Memminger was dumbfound-
ed He had asked the question in an
apparently perfunctory manner, and
the reply was entirely unexpected.
Mr.. David was unable to tell much
about the newspaper matter and
Judge Memminger had every juroe
brought into the court room sep
arately and put through search
ing examination.
It was learned that The State
of that morning contained extracts
from other papers making caustic
! reference to the jury which liberated
~. s. Farnum, and there were also
pointed comments in the editorial
columns of The State. The head
lines over the articles detailing the
trial of John Black were also refer
red to.
Judge Memminger ordered the
jury discharged without pay and he
held in custody ]. d. Perry and C.
NJ. Dorm until it could be determin-
ed what to do with them. Later they
were discharged from custody, bui
were ordered to be within call of the
court at any time, for Judge Min
minger will be in Columbia next
week in the civil court and will then
announce his decision.
The trial of John Black, charged
with bribery, ETC., was thus for the
present brought to a conclusion
I The effect Of Judge Memminger,s
action, will merely mean another tri-
! al. There was speculation as to
whether or not it would not be tanta'
mount to an acquittal, techically, but
/ Attorney General Lyon said that the
horn books of the law show that
directing a "mistrial" in an emer-
gency Of this kind does not mean
that defendant has had his liberty
put in jeopardy before the jur". Tor
issue was not given to the jury to
make final determination. But even
if the case should be declared to
be at an end here, the commonwealth
would have no trouble TO bring
another.
There has been some speculation
: as to what was the attitude OF the
Jury toward the case. Several ru-
mors were afloat One was 10 the
effect that the jury stood to on
the bribery charge. One intelligent
juro rtold a reporter OF The State
that the jury stood I to for con-
viction on the bribery Charge and
that it was even stronger for con-
vic,ion on the corruption and rcbat"
count in the indictment. This juror
said there would never have been an
aCquittal.
When the court took recess Thurs
! day evening, the prosecution an
nounced it's case closed. The defense
Friday morning would have am
nounced no witnesses and the argI-
ments would have started. The
prosecution would have sprung sur
prise by having its principal speech
made by Solicitor ". II. Cobb, who
! had been too busy with his own
heavy docket to prepare himself in
the Farnum case.
But as soon rs court opened Fri
day morning Judge Memlningcr cal
led before him +. 7. Grimslcy. Il
deputy sheriff. and inquired into tn"
matters of the night before. GrmS-
ley told Of arrcsting G.. NJ. Dorm and
: a. T. Keith Thursday night on liamp-
ton street under the room in Wright 6
hotel occupied by the jurors in the
Black case Dorm was employed by
one Of the Jurors, J. u. Perry. and