The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-06-17

the rebates; J. E. Norwood, cashier
of the Newberry Savings bank, which
bank is alleged to have cashed one
of the drafts for the acceptance OF
which Evans is indicted. Mr.. Nor
wood is one of Evans's bondsmen.
On the motion for bail and for fix
ing a day for the trial Of the case,
there was a spicy exchange of words
between the attorney general and the
attorney for the defendant. The at
torney general suggested, on the
motion for bail, that in the other cas-
es, which had been brought in the va
rious courts of the State, bail had
been fixed at from ten thousand to
twenty-five thousand dollars, and not
less than ten thousand dollars.
The defendants attorneys said that
the only one Of those who had been
tried, and in whose case verdict had
been rendered, was acquitted and that
there had been delay on the part Of
the State in the other cases, resulting
in their not having been tried up to
the present time. Mr.. Blease said
that, among his friends as the defend
ant was, he could give the bond sug"
gested by the attorney general, but tic
felt that it was so excessive as to tend
to prejudice the case.
Attorney General Lyon, in reply,
said that the man to whom Mr. B'ease
referred, who had been acquitted, had
later appeared in court and pleaded
guilty to another indictment, upon
substantially the same state Ct facts,
on which the Jury had acquitted him,
and that in the other case, which had
been tried, a mistrial had been order
ed by the trial judge, in which case
unfortunately for the good name OF
South Carolina" he said, in addition
to the disgrace which these unfalrhful
officers have brought upon bet fair
name,' the jury was interfere1 with
and the presiding judge had to dis
miss the jury and order a ,mistrial.
In other cases, which were pending
the attorney general said, two of the
attorneys for the defense were Sc
riously i'll and their sons had come to
him and pleaded for a continuance
upon this account, which he\could not
refuse. He said that he felt that the
small amount of rebates with which
Evans was charged with having ac-
cepted should not operate in making
the bond light, as the acceptance OF
small rebate was all the more "con-
temptible.'
Mr.. Blease, for Mr.. Evans, replied
that when small rebate, was charg-
ed, it was necessary, in the first in
stance, to prove a rebate at all. The
amount of the bond, with Mr. Evans
in his home town and among his
friends, he said, was a small matter,
but he did not think the case ought
to be prejudiced by excessive bond in
case Of this kind, especially when
the defendant had come into court
and surrendered only minute after
the true bill had been found against
him.
Judge Aldrich said that under the
old statute the judge could not fix
bail in sum exceeding twice the
amount of the maximum fine, but that
: he did not find this statute re-enact-
ed in the code of 1902. However, he
said, for the reasons given above, he
did not feel that the bond should ex-
ceed one thousand dollars.
On the motion of the defence for a
trial at this term of the court, Attor-
ney Eugene S. .Blease said that the
State had been preparing for these
cases for five years, and that the de-
fence had had no notice that bill of
Indictment would be handed out
against Mr.. Evans, and he felt that
surely the State ought to be ready to
go to trial Immediately, if the defence,
without notice, was ready. He said
that Mr.. Evans wanted trial, and
that the nature of the charge demand
ed that he be given trial at this term
in accordance with the constitution,
which guarantees speedy trial.
Attorney General Lyon said that
from the experience which he had
with similar cases in other counties,
he had no idea that the defence would
be pressing for trial. and that some
of the States witnesses were in 9th
er States and the State could not go to
+r;o1 Of this term The motion. on