The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-09-29

was Ai payment OF re-
bates for liquors orde, ID. r>is and
other points of law involve In the
case will be decided by ;e Mem
minger.
Inc nrst announcement made today
was that the defense would put up
no witnesses. Col. Nelson stated that
the matter had been gone over very
carefully, and defendants attorneys
did not deem it necessary to put up
any testimony.
Stenographer w. H. McFeat work.
ed until o'clock this morning in
transcribing yesterdays testimony,
which was gone over by the defense.
The time set for the arguments was
TWO and half hours for each side.
The court stated to the Jury that
every defendant is innocent until he
Is proven guilty. Judge Memminger
referred to the incident that came up
on the opening day of the trial, when
the States attorneys brought up the
Noncompliance Of the defendant with
the subpoena sent him. It was claim
ed by the defense at the time that
there was comment upon the defnd-
ants noncompliance. and the court
called attention Of the jurors to the
TACT that II they should find he de-
tendant guilty and the conclusion
was based at all upon this incident.
then the defendant should be acouit-
ted. The court also called attention
% defendants right under the law
to remain mute and that this should
not be taken against the defendant.
Judge Memminger ruled that the
defense should have the closing argu-
ment There was discussion on this
point. but the court held that he
would give the defense the reply.
Attorney Stevenson opened for the
State. He called attention to the al
legations in the indictment and ex-
palined to the jury the exact nature
OF the charge relieved Of as much of
the legal verbiage as possible. He ex-
planned the method Of purchasing liu-
uors under the State dispensary law.
Mr.. Stevenson reviewed the testimony
OF the States witnesses as to the ST.
125 draft. He referred to the num-
erous bids before the board from
March to September, and the awards
made to the houses represented by
the defendant. The amount Of awards
to Farnum's houses, according tu
counsel. was $S24,O0O during the six
months referred to. This was about
ore-third Of the whiskey bought, il
WIS stated.
Mr.. Stevenson commented upon IN.
profits for the dispensary. claiming
that the people paid for the alleged
increased price in the liquors.
Counsel summed up the testimon,
as to the SLIPS payment alleged tc
have been paid to Wylie by Farnum
In the opinion of the court, as in.
dicated, counsel passed beyond the
limits of the ethics of the court room
when he gratuitously referred to thu
religious beliefs Of the personal coun.
Sc for the defense, and was prompt,
called down by Judge Memminger. 80
Will nor ollnW
counsel to enter into this or any othe,
cas'', said Judge Memminger Coun.
sci referred to by MIR. Stevenson hat
rot even entered the case. Mr.. Stew.
enson apologized to the court.
Counsel closed by commenting upor
the alleged offer of defendant to have
Wylie give him notes to cover tn,
amount ALLEGED to have been paid, ac.
cording to Mr.. Wylie's testimony.
Mr.. Cochran, for the defense, com
bined in his argument some PROPOSE
tons OF law with the alleged facts a.
testified to. He sprang a surprise b,
claiming that there was no evidenc,
| that the alleged draft was cashed II
Richland county. He contended tina
this would annul the charge in I'll.
Indictment.
Mr.. Cochran touched upon othel
points Of law, including those in ref
erence to common law, practically thu
| same as referred to in defense's de-
murrer. AS to the first count coun.
sci claimed it must have been showr
| that the alleged draft was paid afte,
Mr.. Wylie was elected to the dispen.
sary board.
AS to the system Of rebate de-
lenses attorney claimed that there
| was no evidence that this alleged
schedule was agreed upon by Wylie
and Farnum in the particular matter