The Bamberg herald. [volume] (Bamberg, S.C.) 1891-1972, 1917-11-15

when witnesses for the government
| testified in the case against J. A.
Spann, of Bamberg.
A witness for the government tes-
tilted that $4,000 was deposited to
his account in a bank on January 27
and on the same dan s3,O17 was paid
out from his account and he disclaim-
ed any knowledge of either transac-
tion
Less than two weeks ago witness
stated that he was at Bamberg in a
case and had in his possession seven
checks aggregating $4,000; he plac-
ed them in valise and buckled a
strap around the grip and urned it
over to the clerk of court for safe
keeping. Last Friday the witness
said he went to Bamberg to get the
cancelled checks to bring them to
court in Columbia and when he
searched the valise they could not be
| found. The checks had disappeared
and no one could give any informa-
| ton concerning the missing papers.
A prominent business man of Banl-
berg said the defendant and Attor-
new Free met him on the street and
handed him a check for $500 request
ing him to endorse it. as they had a
reason for it. He complied with their
request. The check was made paya-
Bile to him but he received no bene-
fits of the $500.
The defendant, ]. A. Spann, enter
ed a plea of not guilty when he was
arraigned on an indictment charging
him with rendering false statements
to the government in bankruptcy pro-
ceedings. There were seven counts
in the Indictment.
The first witness was Miss Frost,
the federal court stenographer, who
testified that she recorded the testt-
mony in the hearing that was held
before Judge Smith, which she ex-
hibited to the court. On cross ex-
animation the witness said it was
possible for errors to creep in STEM
ographic reports.
A. L. kirkland said he was clerk
of court at Bamberg and that he had
been called upon to produce seven
checks and that he was unable to do
so. He said papers in the Spann case
we're placed in a satchel which had
strap or chain around it. The
checks could not be found. Mr.. Kirk
land had no idea what became of the
papers.
F. F. Carroll testified that he was
appointed special master in the Spann
case and had placed all the papers
and seven checks in a valise and had
run strap around it to hold it to-
gether. He turned it over to the
clerk of court with the request that
he take care of the valise and con-
tents as he had to have the checks
at court. Friday he went to Bam-
berg to get the checks but they could
not be found. He stated that the
contents had been disturbed as the
papers and books were not placed
where he left them. The seven
checks were signed by J. A. Spann
and totaled $4,000.
Attorney J. N. Nathans, of Charles
ton, testified that he entered pro-
ceedings against Spann and identi-
fed letter showing the record of
the seven checks which had disap-
peared. The checks bore the same
date and totaled $4,000, according to
the letter. The attorney stated the
defendant was put through thor
ough questioning in an effort to Sc
cure for the court an accurate &C
count of his assets and liabilities.
A. NJ. Denbow stated he was vice
president of the Peoples Bank OF
Bamberg and exhibited ledger &C
count showing business transactions
with N. P. Smoak, citizen of Bam-
berg. On January 27 Mr.. Smoak de-
posted $4,000 and on the same day
withdrew s3,017. The sum of s3,-''
900 was placed to the credit of j. A.
spann on January 27, and on the
same day s3,12s was withdrawn. The
witness said Spann was large plant
er, and a heavy borrower, and gave
mortgages as collateral. Spann had |
a cash balance of s1S2.S7 when the
deposit of $4,000 was made. |
n. P. Smoak, H. G.. Folk and F. W.
Free testified to various transactions
with J. A. Spann.
The first witness for the defense !
was o. A. Simmons, of Bamberg. He
has known the defendant for 20 years