The herald and news. [volume] (Newberry S.C.) 1903-1937, 1912-02-13
LYON MAEES REPLY TO BLEASE.
Sends Statement on Black Case to
LEGISLATURE Blease's
Questions and Asks Some
Himself.

Columbia, Fen. 3.-,:At:orney Gen
eral J. Fraser Lyon tonight sent to
the general assembly his reply TO
Governor Blease's statement to the
senate, transmitted to that body last
night, in defence Of his pardonlng of
John Black, who was convicted OF
conspiracy to defraud the State in
connection with old dispensary affairs.
The governors statement was pub
hshed in the press some time ago, out
the attorney general took no notice
of it at the time, as it was not official.
The official statement was sent to
the senate last night and received as
information by that body, and the fol-
lowing is Attorney General Lyons re-
ply:
Attorney Generals Statement.
:eTo the General Assembly of the
State of South Carolina: In view OF
the reasons assigned by the governor
for granting a full pardon to John
Black, deem it proper to further re-
port to your honorable body upon this
case. My attention was called to the
reasons assigned since my annual re-
port was delivered to the printer. In
asmuch as the governor, in attempting
justification for exercising executive
clemency to John Black, convicted by
q Jury of Chester county for conspir-
ing to defraud the State, undertakes
to reflect upon me as an aflocer, as
well as personally, I deem it proper
to submit this, an additional report,
in order that your records may carry
a correction of these statements and
iusinuations of the governor, which
have no foundation in fact. In one
sentence of the governors report he
says:
Quotes BleaSe.
AFTER reading caref!:l!y the testl-
mony given in this case and the
charge delivered by the attorney pre-
siding as special judge, in my opinion
John Black should have been acquit-
ted" and in another, ''if the jury had
convicted all I would not have inter-
fered:"
"If both of these statements are
true, the governor would have allow
ed three to be unjustly punished. Still,
he was not willing to see only one un-
Justly punished. Directing your at
tention to these two statements
which are manifestly irreconcilable
with Justice, may be considered sufh-
eient to show the real character OF
all the reasons assigned. But think
It we'll to further inform your honor
able body upon this subject, after
stating the fact that the evidence
against Black was decidedly stronger
than against the other two defendants,
with whom he was tried, because the
checks which he received in consum-
nation of the supremacy to defraud
the State, one of which was for $5,-
900, with his signature thereon, were
in evidence and contradicted, as we'll
as the bank notes, which showed the
actual receipt of the graft money.
Fine Substituted.
"The governor says that Black was
not permitted or given the opportunity
of paying a fine, and this is true, so
far as the action Of the court was con-
cerned, but under the constitution the
governor is given authority to suostl-
tute a fine for imprisonment and he
did so in this very case against Black,
substituting a fine of $4,000 instead OF
imprisonment in the penitentiary, but
finally full pardon was granted. Has
the governor overlooked his own act
in this case?
"The statement that 'notwithstand-
ing the immunity for pitiful sums,
given to those foreigners, who have
sworn in public court that they had
bribed and robbed the taxpayers OF
South Carolina out of hundreds of
thousands of dollars, the money was
given back to them and all OF 1t IN
the name of the State Of South Caro-
:llitas' is untrue in so far that it states
that money was paid for immunity and
the money paid back, and the COVER
nor can not offer any evidence to SUB
stantiate the truth of this statement
Declares it Untrue.
.sT4 is likewise untrue that preJudlc-