The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-10-04
LABEL CASE CONCLUDED.
DEFENCE OFFERS NO TESTy.
MONY WHEN STATE RESTS.
Case to Jury at 1913 Saturday Night
I'm Trial Of Tatum, TOwill and boy.
Kin Charged with Conspiracy to De-
fraud State.


o'clock until 2. and from AIS o'clock
until nearly 10 o'clock tonight with
out the intermission Of even a sup
per hour, a jury Of twelve men, who
have sat patiently under the burden
OF examination, cross-examination
and legal arguments since Tuesday
morning. heard arguments from the
attorneys for the State and the de-
fence In, the case against L. W. Boy
kin, j. B. Towill and w. o. Tatum,
former dispensary officials. charged
with having conspired to defraud the
State out Of $22.50O in a purchase of
whiskey labels during the early part
OF 1906.
The defence having announced
their decision not to put any witness
es, the argument to the jury was
opened by Mr.. B. L. Abney. who is
assisting the prosecution, and who
made statement Of the case of the
prosecution. He was followed by Mr..
George Bell Zimmerman. Of Asbill
and Zimmerman, representing John
Bell Towill.
After the dinner recess the argu-
ment was taken up by Attorney Gen.
eral ]. Frazer Lyon. Among the fig-
uras which the Attorney General
put before the fury was a statement
made up froin the label invoice that
the labels purchased were sufficient
tn label $s.35o,000 worth Of whiskey
at the current prices
Mr.. Lyon was followed by Mr..
Thomas M. Raysor. OF Orangeburg,
attorney for W. o. Tatum. and Mr..
W. r. Stevenson, Of Cheraw. followed
for the State. and after him came
Mr. r. H. Welch, of Columbia, repre-
senting L. w. Boykin and W. o. Ia
tum. Solicitor Wa II. Cobb closed fpr
the prosecution. and Mr.. George
Johnstone. Of Newberry. made the
last argument for the defence.
The case has been a hard fought
one throughout. the defence contest
Ing every inch Of ground gained by
the prosecution. In spite Of the late-
ness OF the hour, the court room
was fairly will filled with people, who
showed by their attentive faces that
they were following with keen inter-
est the arguments.
Judge Wilson delivered his charge
to the jury shortly after 10 o'clock.
The case went to the jury at
HIS o'clock. after a charge by
Judge Wilson Of nearly three-quar-
ters of an hour.
The Judge defined conspiracy as
combination by two or more per-
sons by concerted action to accom-
plish some unlawful purpose or law
full purpose by unlawful methods.
The conspiracy need not be by means
Of writing. token or similar desixn.
but may be by act. The evidence Of
q conspiracy, 1t was charged, may
be circumstantial. 1t was not neces.
sary to prove that the defendants
come together at any certain time
and agreed. The gist 70 the charge
was conspiracy to defraud the State.
1t was not necessary that there
should be motive Of personal gain.
1t Is not necessary to prove that the
conspiracy originated with the de-
PENDANTS. Much Of this was charg
ed at the request Of the State.
AT the request Of the defence. it
was charged that the defendants not
going on the stand should not weigh
against them; that the burden Of the
proof was on the State, to make out
a case beyond the reasonable doubt.
end several other points Of a similar
nature. Judge Wilson explained the
law and the nature Of the proof nee
essary on conspiracy charge In
NSeoii SUING over some I'M
portant points several times. The
court took a recess while the Jury re-
tired and deliberated upon it's yer-
dict.
upon a ruling of Judge Wilson
that he would not direct the verdict
In the case against L. w. Boykin. J.
Il. Towill and w. o. Tatum, charged
with conspiracy to defraud the State.
Mr.. +. II. Nelson. one Of the attor-
neys for the defence, announced
that he did not believe that the State
had brought out any testimony to
show conspiracy among the three
oefendants. and that the defence
would offer no testimony whatever.
man named Pullman Palace Car
m let 4.