The herald and news. [volume] (Newberry S.C.) 1903-1937, 1910-11-15
BLACK Was CONVICTED
OTHERS ACQUITTED
CHESTER JURY RENDERS YER
DICT IN GRAFT TRIAL.
RaElinson and SoIomOnS "Not Guilty"
Conviction for Black Only on
Second Count.
News and Courier.

News and Courier.
Chester, Nov. 11.-"Not guilty, as to
Jodie NJ. Rawlinson and H. Lee Solo
mons. Guilty, as to John Black, on
the second count; not guilty on the
first count. ". o. Guy, foreman" was
the verdict reached at $50 o'clock to-
night, in the far-famed graft trial,
concluded here this afternoon.
Upon the announcement Of the YER
dict, counsel for Black announced in
tention to make a motion for a new
trial, which the court will hear to-
morrow morning. From this verdict
TWO of the defendants go free.
The conviction of Black on the Sec
ond count of the indictment means,
virtually, that he has been guilty Of
conspiring to cheat and defraud the
State of South Carolina, by divers
false pretences and indirect means, of
large sum Of money. The differ
ence between this and the first count
is, to the lay mind, hard to distin-
guish, the fine point being somewhat
in this wise: That the first count
charges conspiracy to receive and ac-
cept rebates for individual use by the
board Of directors of the State dis
pensary, contrary to the statutes. The
second count is the more general, in
,cluding "any means Of cheating or
defrauding the State, not merely the
acceptance Of rebates.
Friday's Proceedings.
At 60 o'clock this afternoon, the
case Of Jodie NJ. Rawlinson, John
Black and Lee Solomons, charged
with conspiracy to defraud the State,
went to the jury. The court took a
recess, subject to call at any time
during the first part of the night. The
jury retired, supper was served them
and deliberations as to the fate OF the
three men under indictment were be-
gun.
The entire day was consumed in the
arguments by counsel and the de-
livery Of the charge to the jury, by
Judge Moore. For the State the speak
ers today were: Acting Solicitor Nc
Lure, Attorney General Lyon and At
6orney W. F. Stevenson, Col. B. L..
Abney, having spoken yesterday aft
sernoon. For the defence: Attorneys
John NJ. Wise, of Chester; Madison
P. Howell, Of WATERFORD; Robert H.
Welch, of Columbia, and Arthur l..
Castor, Of Chester.
Judge Moore's Charge.
Judge Moore, in his charge to the
Jury, clearly defined the clements Of
a conspiracy, its scope and limitations,
stating that it was not necessary for
all the alleged conspirators to come
together and agree in terms; that as
sent was indicated by actual confor-
nifty to the plan or agreement; that a
conspirator need not be a party to the
original agreement, for coming in aft
erwards made him responsible for all
the acts of the original conspirators,
that if the conspiracy was formed here
in Chester, or any other act committed
by any of the defendants named in the
Indictment, in pursuance Of the con-
spiracy, then the venue lay in this
county and may properly be tried by
this court.
Testimony of Accomplice.
The striking feature of the charge
was its variance from that in Farnum
case, relative to the testimony of an
accomplice. It is recalled that the
preme court has ruled that the un-
corroborated testimony Of an accom-
plice in crime may be taken by the
jury, whereas, in former trials, it has
been charged that it is unsafe to act
upon the uncorroborated testimony Of
a co-conspirator or an accomplice.
Nor, sail Judge Moore, is it t. be
taken that corroboration holsters up
the testimony of an accomplice. If
any points Of his testimony be cor:o-
borated, it may serve to warrant the
jury in believing his e.+jTe testimony:
continued the court.
Ant;-Rebate Law Explained.
The law was cited in reference to
officers Of the State accepting extra
compensation, derived through n2eat.S
Of their Office. The two counts Of the
indictments, the first Of which states
specifically the charge Of conspiracy
and schedule Of rebates, and the sec
ond, which makes the charge general.
similar to the Cardoza Indictment,