The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-01-19
SEMINOLE TRIAL NEARS END.
ARGUMENT IN DARLINGTON
AND YOUNG CASE BEGUN.
Motion Made by Attorneys for the
Defense for the Judge to Instruct
The Jury to Return a Verdict of
Not Guilty Observation-Disclosures
Produces no Testimony.


ole' case will reach the jury tomor-
row. Two Of the arguments have
been made and all the testimony is
in, the defence having put up no wit
nesses. Judge Prince overruled a
motion directing the verdict, and sew
eral other matters Of law were set
tied today. The ony witness on the
stand was Charles H. Heily, the ex-
pert accountant, who audited the
books Of the Seminole Securities
Company. Heily's testimony consist
ed of statements as to the condition
of the company's books and profess
sional conclusions therefrom. Sena-
tor Sinkler was called from the sem
ate chamber this morning, and it was
expected that he would be put up as
witness on some point of the case.
but he was not placed on the stand.
Mr.. Sinkler is one of the Seminole
receivers.
Mr.. Heily stated that in auditing
the books Of the company he found
$4,000 shares of stock in the Semin-
ole Company placed to Garlington's
credit. He further stated that he
found certain sums Of money charg-
ed to Darlington by checks on the
Seminole Company over the sigma
ture of James Stobo Young. He stat
ed that the total of the amounts talk
en- out by Darlington aggregated
$4,000. This amount, balanced with
the $4,000 shares of stock placed to
Gsrlington's credit, left the Seminole
Company indebted to Darlington at
present approximately $4,000. He
further stated that the later charges
against Garlington's credit would
lower the amount Of the Indebtedness
OF the company to Darlington.
On being questioned as to certain
extracts from minutes which he had
among his papers, Mr.. Heily stated
that these were made by him in
Chattanooga prior to his coming to
Columbia to attend a meeting of the
stockholders of the Seminole Com
pany. He stated that while en- route
to Columbia, these minutes were TAX
en- from him, but were later replaced
intact. He did not know whether
the minutes he made his extracts
from in Chattanooga were genuine or
not. He stated that when he reach
ed Columbia and attended a meeting
of the stockholders in the Court
House, minutes identical with those
which he had seen in Chattanooga
were read. Whether these minutes
were the same or not he didn't know.
Mr.. Heily was on the stand all yes
terday afternoon and until a short
while before the dinner recess today.
An unusual feature of today's legal
battle was that the defence wished
Judge Prince to direct verdict Just
after Mr.. Heily concluded. The Judge
said he could not consider this as all
testimony was not in. The defence
withdrew and had another consulta-
ton. after which they returned to the
court room and stated that they
wished to offer no testimony. Judge
Prince then consented to hear the
motion for directing a verdict. The |
first part of the motion related to |
James Stobo Young. The defence |
stated that there was no evidence Of |
fered that. pointed to Young's being |
guilty Of any wrong doing, that only |
once during the trial had his name |
been mentioned in connection with |
the case. From this the defence |
went on to Darlington and sought to |
eXonerate him from any alleged !
crookedness. Frequently the defence |
was interrupted by the prosecution |
attorneys, who maintained that Gar
lington had no authority to use the |
moneys Of the Securities Company |
and charge them to his credit of 75,-
600 shares Of stock. The defence |
maintained that this was done with |
the sanction Of the creditors. The |
defence had proceeded only a short |
way with argument upon the motion |
when Judge Prince overruled the mo-
ton.
Later it was contended by each side |
that it should have the opening and |
the reply. The defence contended |
that they had the right of opening |
and reply, because they had offered |
no testimony. The prosecution con-
tended that they had introduced one
paper as evidence during the cross
examination Of w. A. Clark yesterday