The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-09-30
label" Case BEGUN.
DISPENSARY OFFICIALS
FACE RICHLAND JURY
Little Progress Made During First
Day-Tatum, TOwill and BOykin
Charged With Dcfrauding State of
So, 500 I'm Celebrated Label
Deaf'-Legal Sparring OF Counsel
Probably Means Long Drawn Out
Trial.

monty known as the label deal" was
taken up in the Criminal Court to-
day for trial. A jury Of Richland
county has been summoned TO say
what, if any, foundation there is in
the charge that Commissioners w. O.
Tatum, John Bell Towill and L. Whit
Boykin did really receive and "whack
up" sS22500 on the purchas of twen-
ty-one millions Of labels, which were
sary went into the bottling business
upon an extensive scale in the hey
day of the old dispensary system.
The Attorney General, in the in
dictment. charges that these officers
of the dispensary, together with DEN
mis- Weiskopf, overcharged the State
s22,5OO, and the statement has been
made that this sum was the amount
of the alleged rebate.
The charge has been pending in
the Courts since September 1909, and
the counsel for the defense has been
insisting upon a trial. The Attorney
General, Mr.. j. Fraser Lyon, for rea-
sons best known to himself, has not
seen fit to bring the issue to trial un-
til today. 1t has been suggested that
the reason was that if a conviction
were secured, that he did not wish
the incumbent Governor to grant
pardon. But that as it may, the case
has now gone to trial and the verdict
will soon be issued by the Courts Of
the LAND. aid there it will end.
The defendants plead mot guilty"
and Insist upon that position, and
there can be no question Of the pre-
vious good repute of the defendants
and unless a clear and convincing
guilt be proven there will be no con-
viction.
Today was devoted largely to legal
pyrotechnics. Very little evidence
was adduced by the State. There was
fight for an hour or more as to
whether book Of stubs, claimed to
be original entries, should be intro
duced in evidence and whether this
stub book should have been allowed
to go into evidence Of the original
ho r
s. Wilson. who is presiding, held that
the stub book could be introduced,
but it took an hour or more to let
the the contending lawyers exhaust
the arguments and authorities. 1t is
evident that it is to be long drawn
out and a hard fought battle, unless
there should be flare up.
There are three desks drawn up
in line for the counsel for the defense.
Messrs. Tatum, Boykin and Towill
are all being tried together, and this
is plain when it is stated that the
charge is conspiracy" to defraud the
State.
The chief counsel in the cause for
The defense is that vigorous and hard
fighter, Col. P. H. Nelson, of Column
bia. The announcement to the court
for the record was: For L. w. Boy
kin, counsel were Messrs. Nelson and
Gettys, Johnstone and Cromer and
r. Fl. Welch, for John Bell Towill, E.
l.. Asbitt and George Bell Thinner
man and for w. O. Tataum, Messrs.
Raysor and Summers, Robert Lide,
T. Fl. Tatum, j. B. MCLAUGHLIN and
r. H. Welch. During the progress of
the case there were nine members of
counsel for the defense actively en-
gagged. but most of the speaking to-
day was by Messrs. Nelson, Johnstone
Welch. Raysor and Zimmerman, on
the part Of the defendants.
For the State, there appear Attor-
son, Col. Benz. L. Abney, Solicitor
Cobb and Assistant Attorney General
DuBruhl, an array Of five The At
torney General, Mr. Abney and Mr..
Stevenson have done the talking for
their side.
The indictment against the defend
ants tells in legal terms what is
charged in this language:
Did on or about the 18th day of
March, 1905, in the county of Rich
land, of South Carolina, with force
and arms wilfully, and knowingly
conspire combine, confederate and
agree together to cheat and defraud
the state OF South Carolina by pur-
chasing a large number of labels. to
wit: About twenty-one millions. for
the use of the State dispensary. the
said L. Whit Boykin, ana John Bell
Towill being then and there members