The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-10-19
JUDGE MEMMINGER's CHARGE.
Charge Of Judge Memminger in the
Case of The State VS.. j. S.
Farnum.
farDun.

EAe 1OllONlnG Is me cualSe VI
Judge Memminger in the Farnum
case:
"Now, MI. Foreman and gentlemen
Of the jury, upon the law OF this case:
as to which alone it Is my duty to
sia;erge You pursuant 10 that provls-
ion Of our Constitution which directs
that Judges shall not charge Jurles
in respect to matters Of fact but
shall declare the law, | shall charge
you.
''It appears to me to be very SIM
ole now that it has all been threshed
ever and argued by the learned coun-
sci on behalf of the State and de-
fendant and l myself in the mean
while during the heavy stress and
strain Of this protracted trial, not
withstanding, have had some oppor-
tunity of eliminating the superaultles
and getting down to direct your at
tention to that which is entirely ma
terial.
"Now, I ask your attention, gen.
tlemen, strictly to the matters
which I shall lay before you. have
brought it down to the shortest pos
sible form and tried to put it in such
shape as you can thoroughly under
stand it, as 1 know YOU desire to do.
You have first to take into consider
alton whether 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 unless the guilt OF
the accused is proved to you beyond
a reasonable doubt you must aequ1t
him. If you have reasonable doubt
upon any material point in the case
YOU must solve it in favor of the
defendant and acquit. By reasonable
doubt is meant a real doubt, a sub
stantial doubt arising ont Of the tes-
ti1nonv. a doubt for which you can
give a reason.
"Under the first count Of the IN
dietment the State charges that the
defendant has violated Section OF
our Criminal Code, to wit: Section
261, in certain particulars set forth
in detail 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 it is not necessary tor me
to pause here to reiterate, but l am
going to read you the section OF the
Code referred to so that you may be
fully in possession Of the terms OF 1t.
Now, give your attention to that,
Section 261. (Reads sectlon).
As to Reasonable Doubt.
"Now, you see, gentlemen, by this
section it is made a crime, among
other things, to corruptly offer and
promise to make and give a git and
eratuity to any executive officer OF
the State after he has been elected
and qualified for such Office with IN
tent to influence his vote, opinion,
decision and judgment on any matter,
question or proceeding which may be
pending or which may by law be
brought or come before him IN his
official capacity. Now, it is upon
proof of the specific material charges
in the Indictment that the state must
stand or fail. You take each Of these
material elements Of the section as
chalged specifically IN the Indictment,
and say whether each Of them has
been proved beyond a reasonable
doubt. If not, the Charge fails. If so,
it is legally established.
GAS, for instance, it is alleged that
the alleged offer and promise was
made by Farnum to Wylie after he
had been duly qualified as member
of the board. I have already decided
in this case that if you find him to
have been so duly qualified that as
a matter of law he was an executive
officer of the state, coming within
| the terms Of the section, but you are
the judges Of the fact as to whether
or not he has been proven to have
? been duly qualified, and, if so, wheth-
er the alleged offer and promise to
pay him, if proved, was made to him
b. Farnum thereafter corruptly IN
the sum Of s1,125, wit hintent to in
auence his act, vote, opinion, decision
and judgment in favor Of the ac'
oeptance Of certain bids and SO forth
as set out as material allegations OF
the indie tent.
"No serious questions of law
gentlemen. upon which you woulc
Heed enlightenment would arise un
der This count Of the indictment. lor
a,,.o +bo cboroaS in the indictment