The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1911-10-21
CRIMINAL COURT PROCEEDINGS.
An Unusual Case-ElliOtts up for
Theft Of Electric Current.
From The Daily Item, Oct. 10.

The case Of r. M. Elliott and ID.
w. Elliott was taken up in the court
OF general sessions Wednesday after
noon. after the case against Dave Way
was disposed Of and was continued
all through the morning.
The case Is an unusual one and is
probably the first of its kind on rec
ord in Sumter. The charge is theft
of electric current during July of
1910. 1t was alleged at the pre-
liminary that the two Elliotts had
'doctored" the wires into the house
in which they were living and that by
so doing they had been enabled to
get electricity for little or nothing.
The first witness put on the stand
was Mr.. E. Fl. Moses. manager of the
Sumter ice Light and Power Com
pany at the time that the theft was
alleged to have occurred. He stated
that during the months of May and
June the light bill at the house had
been very much larger than it was
In July and this had lead to suspicion.
A test had been made and 1t was
found that the lights burned with the
regular switch turned off. This had
led him to believe that the wires had
been taYpered with at some place
that they did not inspect them and
the next day he went back for furth-
er examination and everything was
found to be in its proper condition
except for the fact that some of the
wires had been skinned at one place
in the garret of the house. At this
time the lights would not burn when
the switch was turned off and other
wise acted normally.
He had taken out a warrant for the
two men and had them arrested. La
ter one Of them had come to him and
asked him not to prosecute the case,
stating at the time that he was guilty.
This was before the preliminary. how
ever. Later on he had written to the
solicitor asking him to mol pross the
case. but the solicitor had refused to
do so.
Mr. A. g. Hudson was next put on
the stand and he testified to practical.
ly the same thing as did Mr.. Moses.
Other witnesses were put on the
stand to show practically the same
testimony.
motion was made, as soon as
the State rested its case. for the court
to direct a verdict Of not guilty which
he did. on the ground that the state
had failed to make out a case against
the defendants.
The next case taken up was that
OF the State VS.. Ed Smith for assault
and battery with intent to kill. This
case was one where Smith was al
legged to have shot another negro
The shooting was supposed to have
been accidental. In this case also a
verdict of not guilty was directed by
the court.
A motion for a new trial was made
In the case against Dave Way for as
sault and battery with intent to kill.
on the ground thta the verdict re-
turned was not In compliance with
the judges charge. Judge Copes had
charged that the jury must bring in
a verdict Of guilty. Of guilty of as
sault Of high and aggravated nature
or not guilty. whereas the jury had
returned a verdict Of guilty with
recommendation to mercy. meaning
to bring In q verdict Of assault and
battery. Judge Copes stated that he
would grant a new trial on the un.
usual conditions Of the case.
William Vaughn. the negro who was
convicted Of arson. was today sem
fenced to serve Is years on the coun-
ty chain gang. The motion for a new
trial was abandoned.