The times and democrat. [volume] (Orangeburg, S.C.) 1881-current, 1910-11-15
BLACK GUILTY
5sosie u. Rawlinson and !. Lee solenons
Declared, Not Guilty.

i .
FAMOUS GRAFT TRIAL
John BLACK Was Convicted on the
u. 5.. Second Count of Indictment,
which is a Conspiracy to Defraud
and q Cheat the State Ont 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
dag. night: .'Not guilty as to Jod:e
~ Rawiiinso,n and II. Lee solomoas;
guilty as to John Black on second
count: not guilty on:frst count"
The State says the conviction OF
Black ION. the second count OF the
indictment means in few words
that he has been declared guilty OF
conspiring to cheat and defraud the
State OF South Carolina by divers
false pretenses and indirect means
Of large sums Of money.
The difference between the first
and second counts to the ordinary
mind is hard to distinguish, the dlt'
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 10
the statues.
The second count is Of more gen
.eral meaning, 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-tthe meantime Black Is out on
! bond.
The result Of the verdict Is a
triumph for the attorney general. A
great many expected to see mis-
TRIAL st 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 viii be will depend on thu
SQUIRT, s., IT as the matter Is left to 1t.
after directing attention. to- the
j. iury to the allegatios Of ndictments,
,sudge Moore, in substance, charged
them z-as follows. -
That the acceptance Of a rebate,
by-any 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 on pc
half of the State. !.
"A conspiracy to cheat and defraua
the State of false pretenses and lndl-
rect means being a conspiracy to N
1ure the public5is a crime under the
laws OF South Carolina, independent
" of any statuary provision. con-
s,tiracy is a combination between
two or more persons to do a criminal IA
act. that is, to commit 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 COZ
spiracy.
The mere knowledge, acquiesence'
or approval of the act, without lhe
cooperation OF agreement to cooper
ate, is not enough to constitute one
= party to a conspiracy. No formal
agreement, however, is necessary 10
constitute conspiracy, but is Is sur
fcient if the minds Of the parties
meet understandingly, so as to orins
about an intelligent and deliberate
agreement Of purpose between them
to do the acts and commit the Of
fenses charged, although such agree
ment or understanding is not r>an'-
tested by any formal words
The fact that the defendants did
not 20 upon the stand and testify IN
their own behalf is not to be consid-
cred against them, as it is the right
of the defendants to stand mute and
silent and require the State TO prove
their guilt beyond reasonable
doubt.
The jury is the sole judge OF facts,
of the credibllity Of witnesses and 81
truth of any other testimony IN the
case
The jury is to ignore every other
consideration except the duty to rem
der a true verdict according to the
law and the evidence, duty OF hish
import to the State, duty to be dis
charged faithfully and impartlat T.
and with entire disregard of extran-
cons matters. The burden is on the
State to establish the guilt OF the de-
PENDANTS beyond reasonable doubt.
The iury can convict on circumstan-