The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1910-11-16
BLACK GUILTY
Jodie M. Rawliuson and B. Lee Salouons
Declared Not Guilty.
FAMOUS CRAFT TRIAL

John BLACK Was Convicted on the
Second Count Of Indictment
(which is a Conspiracy to Defraud
and Cheat the State Out OF a
Large Sum of Money.
The jury in the graft cases at
Chester brought in the following
verdict at half-past nine o'clock Fri
day night: Not guilty as to Jod!e
NJ. Rawlinson and H. Lee Solomons;
guilty as to John Black on second
count; not guilty on first count
The State says the conviction OF
Black on the second count of the
indictment means In q few words
that he has been declared guilty OF
conspiring to cheat and defraud the
State OF South Carolina by dives
false pretenses and indirect means
Of large sums of money.
The difference between he FIRST
and second counts to the ordinary
mind is hard to distinguish. the dif-
ference being something like this:
The first count charges conspiracy
to receive and accept rebates for in
dividual use by board of directors
of the State %dispensary contrary to
the statues.
The second count Is OF more gen.
altmeaning, meaning ANY means
of cheating or defrauding the State
not merely the acceptance of rebates.
Black was convicted on the second
count and the penalty is left TO the
discretion Of the court.
Blacks counsel Immediately, on
the announcement of the verdict, gave
notice Of a motion for a new trial.
In the meantime Black Is out on
bond.
The result Of the verdict Is q
triumph for the attorney general. A
great many expected to see a mis-
trial at best, while others, from
the evidence presented at the trial
of this case. were Of tn opinion that
Black would be convicted. What the
sentence will be will depend on the
court. as the matter is left to It.
After directing attention to the
iurv to the allegatios of indictments,
judge Moore. in substance, charged
them as follows:
That the acceptance OF a rebate
by n one holding an office OF trust
and profit in the State, in addition to
the compensation provided by law, Is
a misdemeanor under the statute,
but this is so only when such rebate
is accepted for the Individual use
and benefit Of such officer and not
when it is accepted for and o n BE-
half Of the State.
"A conspiracy to cheat and defraud
the State Of false %pretenses and indi-
rect means being a conspiracy to M
lure the public is a crime under the
laws of South Carolina, independent
" Of any statuary provision. A con-
sJiracy is a combination between
two or more persons to do a criminal
act, thai is, to commit a crime, or
the agreeing Of TWO or more per-
sons to do by concerted action an
unlawful act. To constitute a con-
spiracy there must be unity OF de-
sign and purpose, for the common
design is Of the essence Of the on
spiracy.
The mere knowledge, a~cquiesence.
or approval of the act, without The
cooperation or agreement to cooper
ate, is not enough to constitute one
a party to a conspiracy. No formal
agreement, however, Is necessary to
constitute a conspiracy, but is Is sur
fcient IL the minds Of the parties
meet Understandings, sc as to bring
about an intelligent and deliberate
agreement Of purpose between them
to do the acts and commit the Of
lenses charged, although such agree
ment or understanding Is not man.
tested by any formal words.
The fact that the defendants did
not go upon the stand and testify in
their W behalf is not to be -consld-
cred against them, as 1t Is the right
of the defendants to stand mute and
silent and require the State to prove
their guilt beyond a reasonable
doubt.
The jury Is the sole judge Of facts,
of the credibility Of witnesses and OF
truth of any other testimony in the
case
The jury is to ignore every other
consideration except the duty to e n
der a true verdict according to the
law and the evidence, a duty Of high
importto the State, a duty to be dis
charged faithfully and Impartial:
and with entire disregard of extran-
eous matters. The burden Is on the
State to establish the guilt OF the de-
PENDANTS beyond a reasonable doubt.
The Jury can convict on circumstau-
tial evidence.
Seven Houses Burned.