The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-10-04
PRELIMINARY BEFORE MAG
ISTRATE WELLS INVOLVES
INTERESTING POINTS,
Witnesses Testimony Winds Net
About Asaiah Davis, Who is Charg-
ed with Receiving Pay for Bale of
Cotton Once Too Often-Magistrate
Wells observes Decision Until
Thursday After Hearing All Testi-
mOny.

hSoiiHS was SlNSu ISAIAH DdVlS MOn-
day and Tuesday afternoons before
Magistrate Wells. Davis is charged
with fraud in that by means of trick
cry he received pay for one bale of
cotton twice. The charge is
brought by A. c. Thompson, one Of
the cotton weighers. who. with
O'Donnell & Company, is one of the
chief parties interested in the case.
Whether the prosecuting witnesses
made out clear case against the de-
fendant, in the opinion of Magistrate
Wells, Is a point which is awaited
with interest by all concerned.
The hearing was commenced Mon
day afternoon, but was postponed un-
til Tuesday afternoon and all Of the
evidence was taken then. At the close
OF the hearing Magistrate Wells re-
served his decision until Thursday,
when he will announce whether or not
he considers a showing has beer
made out against the defendant SO
that he can be held for trial at the
higher court.
Davis was arrested Saturday after
noon on warrant sworn out by Mr..
Thompson. 1t is alleged that he sold
bale OF cotton to O'Donnell & Com
papy, numbered 68; that he deliver
ed it at the cotton platform, where
1t was weighed by Mr.. A. c. Thompson
who was weighing cotton for O'Don-
nell & Company on that day. The
bale weighed 500 pounds and was
so set down on the ticket, it Is al
legged. Later, it is claimed, that
Davis stated that he had lost his
cotton weigher's receipt and asked
the cotton weigher what he must do.
A duplicate was given him by Mr..
Thompson, after the bale of cotton
had been brought out of the lot,
where 1t had been placed after the
first weighing and was re-weighed,
the second being five hundred
three pounds. The negro then took
the duplicate slip to O'Donnell 4
Company's store, where he was paid
for the bale. number 6S. Mr.. Thomp-
son and one of the truckers at the
cotton platform, negro named
Robertson, both testified that Davis
was the man who had this bale re-
weigher and who received the Clupli-
cate slip, on his statement that he
had lost the original slip. At O'Don.
nell & Company's Mr.. ]. o. Barwick.
one Of the bO0k-keepers testified that
Davis was the man he settled with for
the bale number 68, under the name
of Nose Ballard, which name he
had given the cotton weigher when
he was issued the duplicate slip.
Later on Isaiah Davis brought his
slips to the Office in his real narne and
was paid for two bales OF cotton
which he had sold under his own
name and the name of Hatty Davis,
his mother. Mr.. p. III. Brown testi-
fled to the fact that Davis was the ne
$40 he settled with under this name.
a short tim after this it was found
that mistake had been made, as
there were two slips numbered 68,
one the original having on it the
name OF Isaiah Davis and one the du-
plicate slip given by the cotton weigh
er and bearing the name Nose Bal
lard. The matter was taken up at
the cotton platform and it was found
that there was only ore bale Of cot
ton numbered sixty-eight in the lot,
which contained one hundred bales,
according to the custom Of placing
cotton in hundred bale lots, while at
the same time one hundred one bales
had been paid for in this lot. 1t was
at this time that the warrant was
sworn out for Isaiah Davis, alias
Nose Ballard, and an officer sent to
arrest him.
The defense tried to show in the
cross examination that many mis-
takes were made by ODonnell &
Company in the numbering Of the
bales. but Mr.. I.oyns testified that the
numbers on the tickets had not been
duplicated once in the two years
that he had been there, according to
his knowledge. 1t was stated by
witnesses that mistakes did occur
at the cotton platform. and that some
time cotton was lost, two bales hav-
ing been lost Saturday, the one in
question and another belonging to
ODonnell & Company. Counsels ef-
forts to get the witnesses admit that
occurred frequently were
unsuccessful as several of them nd
mitted that mistakes were made, but
not a great many Of them.