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

| A Purchasable Official.
The following Is the charge Of
Judge r. w. Memminger in the Far
mum case:
"The Court: Now, Mr.. Foreman
and Gentlemen Of the Jury. upon the
law Of this case as to which alone 1t
Is my duty to charge you pursuant to
that provision Of our Constitution.
which directs that Judges shall not
charge juries In respect to matters of
fact. but shall declare the law, I shall
charge you.
1T appears to me to be very simple
| now that II has all been threshed over
| and argued by the learned counsel on
behalf Of the State and defendant, and
I myself. in the meanwhile during the
heavy stress and strain Of this pro-
tracted trail. Notwithstanding. have
had some opportunity Of eliminating
the superfiuities and getting down to
direct your attention to that which Is
entirely material.
Now. ask your attention, gentle
men. strictly to the matters which I
shall lay before you. I have brought
It down to the shortest possible form
ana tried to put II In such shape as
you can thoroughly understand It, as
III UA 81 A<,
hrst to take into consideration wheth-
or or not the State has proved the
case beyond reasonable doubt, Of
which you are the judges. the legal
principle Of reasonable doubt; and
that is that unless the guilt of the ac-
cused is proved to you beyond a rea-
sonable doubt you must acquit him.
II you have a reasonable doubt upon
any material point in the case you
must solve II in favor Of the defend
ant and acquit. BY reasonable doubt
Is meant real doubt, substantial
doubt arising out OF the testimony,
doubt for which you can give a rea-
| son.
Under the first count of the indict-
mebt the state charges that the de-
fendapt has violated a section of our
Criminal Code, to-wit: Section 261,
In certain particulars set forth in de-
tail in that count. and all of which
you will have before you In your Jury
ROOM and they have been repeatedly
read In your hearing. and therefore 1t
Is not necessary for me to pause here
TO reiterate. but am going to read
you the section of the Code referred
to- SO that you may be fully in pos
session Of the terms Of it. Now, give
your attention to that, Section 261.
Breads section).
Now. you see. gentlemen, by this
section 1t Is made crime, among 9TH
er things to corruptly, offer and
promise to make and give a gift and
gratuity to any executive officer Of
the state after ne has been elected
and qualified for such office with in
tent to influence his vote. opinion, de-
| cision and judgment on any matter
question or proceeding which may be
pending OF which may by law be
brought or come before him in his Of
hcial capacity. Now, 1t Is upon proof
OF the specific material charges in the
indictment that the State must stand
or fall. You take each of those mater
iai elements OF the section as charged
specifically In the indictment, and
say whether each Of them has been
proved beyond a reasonable doubt. II
not, the charge fails. II so, ii is le-
gaily established. AS, for instance,
II Is alleged that the alleged offer and
promise was made by Farnum to Wy
lie after he had been duly qualified as
| member of the board. I have A.
ready decided In this case that II you
find him to have been so duly qualified
that as matter of law he was an
executive officer of the State, coming
within the terms OF this section, but
you are the judges Of the fact as to
| whether or n not he has been proven to
nave been duly qualified, and, il so,
| whether the alleged offer and pro-
mise to pay him. if proved. was made
to him by Farnum thereafter cor
| ruptly. III the sum Of s1,125, with in
tint TO influence his act, vote, opin-
| .Cn. decision and Judgment in favor
0e the acceptance of certain bids, and
so forth. as set out as material alle-
cations of the indictment. No serious
| which you would need enlightenment
would arise under this count Of the
Indictment