The herald and news. [volume] (Newberry S.C.) 1903-1937, 1911-10-03


there was no possibility of an agree
ment. The case had been under con-
sideration by the jury for about 30
hours. The defense offered no testl-
nony, and at the conclusion of the
States testimony, the arguments OF
counsel were heard, running to late
hour Saturday night, and the judge
completed his charge at about 11.3O
o'clock.
Columbia, Sept. 28.-John T. Early,
who was the only witness of the after
noon session of the label case in
which J. B. Towill, l.. W. Boykin and
W. O. Tatum are charged with con-
spiracy to defraud the State, received
according to his own testimony $6,-
534 Of the amount alleged to have
been "grafted" by the defendants IN
the purchase Of 21,0O0,000 labels for
whiskey bottles at a price of $4,000
when these labels were worth, &C
cording to the prosecution only some
$4,000 or $4,000.
The greater part Of the session this
afternoon was consumed in argu-
ments as to the admission of evidence,
but the testimony obtained from Ear
ly, although small in bulk, was among
the most important so far brought
out. Early is now a salesman for a
LIQUOR house in Cincinnati, but ap-
pears at that time to have been con-
nected with the Nivison- -Weiskopf
company from whom the labels in
question were purchased.
According TO his testimony Early
had had a conversation with the de-
PENDANTS in Columbia during early
1905 with reference 90 the label deal
and had urged them to buy the labels
saying that there wxs something IN it
for him. Later he was with Boykin
and .Tatum during a. visit to Cincin-
note when the Weiskopf firm was
visited with the purpose Of buying
labels, bottles and supplies. The wit
ness was interrupted at nearly every
question with objections. "What part
of the profit on this deal were you to
receiver" was asked by Mr.. Lyon. An
swer: zone third" did you get it?'
eyes sir" Estate whether Or not this
is the check you received in payment
for this third" The witness Identified
a check which was then placed in evl-
dence. 1t was dated October 30, 1905,
was payable to John I. Early, and
the amount was s6 334.
1t was signed by he Nivisson-Wels-
kopf company, Dennis We;skcpf, pres
ident. After an hours discussion, by
the attorneys. the wirness was allow
ed to repeat portions of a conversa-
ton with NJ. A. Goodman, one of the
defendants in the indictment, though
not now on trial. The effect was that
Goodman had told the witness that
he had paid Boykin s3,"O0, Tatum
$500. some amount, not exactly re-
remembered, to Towill, also some
money was paid, according to the
statement to another employee Of the
dispensary, named Mccarthy. In an
swer to questions the witness stated
that Goodman had said the money OF
which he received one third was part
of the expense of securing the busl-
ness. Early will probably be on the
stand tomorrow morning as he has
not yet been cross examined.
Columbia, Sept. 29-That in addi-
ton to s5,634 each to himself, Good
man and John T. Early, $6,100 was re-
quired as Expenses to secure the
contract" for the twenty-one million
whiskey labels, was the statement OF
Dennis Weiskopf, who occupied the
witness stand for several hours this
afternoon, in the case against L. W.
Boykin, J. B. Towill, and ". 0. Ia
tum, who are now under trial on the
charge of conspiracy to defraud the