Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1911-03-28
Miseellaneous Grading.
FULL PARDON FOR JOHN BLACK.
Governor Bases II on the Granting oi
Immunity For Others.

n Columbia, March 24.-John Black
was given a full pardon today by
Governor Blease.
II Il received the letter OF Lyon at 2
\ O'CLOCK" said Governor Blease, land
i when I went back to the office l i'm
mediately gave John Black clear-c cut
pardon"
John Black was convicted in Ches-
ter on the charge of conspiracy to de-
fraud the state in connection with
the old state .dispensary and was CIV
en- five years In the penitentiary
Governor Blease later commuted his
sentence to five years or a fine of
$4,000. 1t will not now be necessary
TO pay the fine.
i . Lyon Answers Questions.
| Several weeks ago Governor Blease
addressed a letter to Attorney General
Lyon asking certain questions as to
the prosecuting Of the dispensary
gafters. Today Attorney General
Lyon answered every question pro-
pounded by the governor in a ten
page typewriter letter, which Govern
or Blease announced.
i rThe power to offer immunity was
given this firm, but the power to grant
immunity, that is, to refuse to prose-
cute, or in case Of indictment, to mol
pros was left, as the law provides, in
the direction Of the attorney. In view
OF this power Of the attorney general,
this provision was inserted in the con-
tract"
| The statement Is made in the letter
Of Attorney General Lyon in answer
to the inquiry as to what part of con-
tract was entered into between the
state dispensary commission and An
derson, Fielder, Roundtree and Wilson,
wherein 1t was provided that the At
lanta firm Of lawyers was clothed with
full power, subject alone to the ap-
preyal Of the attorney general, to Of
fef any of the parties involved immu-
MY from prosecution.
i Attorney General Lyon, in his an
swer, reviewed the prosecution of the
dispensary grafters and gives in de-
l tail every case that he has had un-
der his direction.
i The attorney general gives the names
of the several persons who had their
cases mol pressed because Of certain
testimony given in connection with the
prosecutions. In answer to the ques-
tion as to the number Of civil actions
that have been compromised the fol-
lowing is given:
Gallagher and Burton, s11,395.94;
Lanahan and Sons, s14.0S3.46; Grab
fielder and Company, $15,297.17; Ros-
kan Gerstly company, $3,066.37; Moy-
er, Pitts and Company, $S,4S7.50;
Friedman, Keller Company, $1,5S5.OO;
Jack Cranston Company, sS0221;
A><prican Bonding Company, $500.00.
m several Of the above cases 1t Is
z,c;tlted out in the letter Of the attor-
j ne5 General that the defendants had
presented claims against the state
which were disallowed. The act OF
1910 authorized the dispensary COM
mission to make settlement of such
claims.
The attorney general states that the
policy of the state to allow immunity
under the circumstances may be. fair
" inferred from the act Of 1906, pro-
i viding for the investigation of the
dispensary wherein 1t is provided that
no testimony given by witnesses be-
fore the committee shall be used in
criminal prosecution.
Proves His Right.
This provision" says the attorney
general, "of the law was perpetuated
and became a part Of the law under
which the state dispensary commits
sion was created. Attorney General
/ Lyon cites many authorities OF law 10
show that an attorney general or
prosecuting officer has the right to
grant immunity and to mol pros cases.
With reference to granting Immunity
by prosecuting officers Attorney Cen
eral Lyon concludes: Il have quoted
at length from the above authorities
in order that it may appear that 1t
has always been the law and the prac-
tice in this state for the prosecuting
officers to determine who should and
who should not be prosecuted, and
whom he should allow to become
states evidence"
Answering the question Of Cover
nor Blease as to who had been given
immunity and who had given the
state testimony for the prosecutions,
the attorney general says that NJ. A.
Goodman was indicted by the grand
jury of Richland county, upon his
giving me certain evidence showing
the guilt of former dispensary off,
cials and furnishing me information
as to how other evidence Of similar
nature could be obtained, mol pros
was or will in due time be entered
upon indictments against him.
u. T. Early and j. B. Wylie testi-
fled as witnesses for the state IN sew
eral cases. Their testimony largely
appeared in public print. On ac-
count of this l shall mol pros indict-
ments against them and have agreed
to institute no further proceedings
against them in behalf of the state.
Henry Samuels testified before the
dispensary commission and in the
criminal court as a state witness. l
have therefore agreed to discontinue
prosecution against him.
Il. w. Bernheim and others were
indicted in Chester, and it was agreed
that he, as a witness, should give bond
in the sum of $4,000 or deposit in lieu
thereof $4,000 in cash otherwise to be
turned over to the state dispensary
commission. The sum of $4,000 has
been deposited with clerk of court in
Chester. |. w. Bernheim and B. Bern
helm paid the state dispensary COM
mission at one time 100000 and at an
other s34,7OO for overcharges on Ii
uuOrs sold the dispensary. Taking in
to consideration all the circumstances