Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1910-11-15
BLACK GETS FIVE YEARS.
Dispensary Grafters Brought to Book
For His Crimes.

Five years in the state penitentiary
without labor, Is the sentence that
Special Judge Ernest Moore imposed
on John Black, who was convicted Fri
day on the charge of conspiracy to de-
fraud the state.
After a trial that had lasted since
Monday afternoon, the jury took the
papers at $40 Friday evening and at
9.3O-3 hours and 20 minutes-returned
a verdict of not guilty as to Jodie M.
Rawlinson and II. Lee Solomons, and
guilty as to John Black on the second
count of the indictment.
The first count in the indictment
charged conspiracy to defraud the state
by specified means and the second
charged conspiracy to defraud the
state by any means. The difference Is
rather difficult to distinguish, and 1t Is
about as difficult to understand why
the Jury did not convict the other two
along with Black, at least the other
member of the state board Of control.
Immediately after the publication OF
the verdict, Blacks counsel gave notice
of motion for new trial, which mo-
ton was argued by M. P. Howell, Esq.
Of Walterboro, Saturday morning, and
promptly overruled.
Before sentence was pronounced,
"
bia State, Mr.. Howell made a state
ment to the court in behalf Of his
client. Mr.. Howell said that Black
was in a peculiar and sad predica-
ment Black was born and reared In
Colleton county and had served with
distinction as mayor Of WATERFORD,
he said. Black now is broken in
health and finances, and at present
has no property, declared Mr.. Howell,
as only a short time ago necessity
forced him to dispose of his home in
Columbia. He has not recovered
from an operation performed some
time ago and would possibly never
fully recover, said Mr.. Howell as he
asked the court to be lenient and to
give the alternative Of a reasonable
fine.
The attorney general, Mr.. Lyon,
stated to the court that he did not
consider it meet or proper as the rep
resentative of the state to indicate to
the court what sentence should be
pronounced. He said that he did not
desire a vindictive sentence and none
was more willing to see leniency eX-
tended. He only desired that such
punishment should be meted out so
that ii would serve as warning to
others and deter them from like eX-
ample. The attorney general was de-
sirOus only that such punishment be
inflicted as would sound a warning
that law and order must be observed.
Judge Moore then told Black to
stand up and before pronouncing SEN
tence made some remarks anent the
case He told the defendant that he
had been convicted by the jury of
conspiracy to defraud the state and
Go In
beyond a reasonable doubt. The at
torney general had been fair and i'm
partial and that the presiding judge
had been impartial in all his rulings
and the jury had given the case care
full consideration and was honest in
its conclusions beyond the shadow of a
doubt Judge Moore said that Black
was convicted of a crime which had
brought such shame and disgrace
upon South Carolina as had not been
the case since 1876. The judge ex-
pressed only the kindest Of feelings
toward the defendant, but his duty,
he said, required that he impose such
sentence as would deter others from
following Blacks evil example and as
would be sufficient punishment for
him. Personally he was inclined to be
lenient but duty required that suffi-
Clenl punishment De Hleleu Oul'
Judge Moore stated to the defend
ant that the fact, If ii was fact, that
others were guilty of like examples
and had not been brought to punish
ment could not be considered in this
case. Counsel for Black had requested
the judge to impose an alternative
fine. but Judge Moore said that he
did not think he would be justified in
giving the alternative of fine in such
a case for allowing the fine would in
effect be saying that one guilty of
such crime could escape the effect by
part of the money gotten
The judge seemed to
be of the opinion that allowing a fine
would permit the prisoner to escape
the fullest consequences of his act
and that it was too serious an offense
to allow one to escape with fine.
The judge went on to point out that
the object of sentencing to the peni-
tentiary would be an example to all
evil doors that the day will come
when they will be brought to the bar
of justice and made to give an account
Of their crimes.
Then followed the announcement