Newspaper Page Text
The Abbeville Press and Banner, j
1 BY HUGH WILSON. ABBEVILLE, S. C., WEDNESDAY, APRIL 15, 1903. ESTABLISHED 1844 1
_ j** ' 4
J. H. TILLMAN'S TRIAL PUT
AMKXrE or TWO WITXRMM IP HE
CACHE or THE BELAY.
1fe? Mat* ??? ! Uw ApyllnUiu f*r
a CMllinun m Um? VrMMl
thai IN Ralo ( r?art (tatfralM
* CMUBMMM IUM Ml b?M CMpIM
villi. m4 Ikal there wm
Mklwr I*Mm Ikal UM TwiUwa
my ?| ike Wit??? wm Ml ml
Meh Malar* that II Mlghl b? Ad lllwl
fcy ilMPrMwailM aa? ikr
OM l?r?JHlccb Be
mm ibm !! ? ?? ?
Ml Mm* >?? ir?efeale*lly Cmi|IIH
wllk, l? ImmI b*m PnctlMl'
I7, Tkmteit b? Oruli lk?
Columbia, April 8.?Special: The
caac against James H. Till man ban
baen continued until tha July term of
Tha motion for tba continuance was
bukW by tba defence.
Tba State wiabed tba case to be
BioaipUy triad and insisted that the
i defence had not made a sufficient
L . ifcowlng to fain a continuance.
Tha oefenoe baaed its application ,
I fer a continuance of the case, first on
[ tha afldavit of physicians that Capt.
I I. A. White waa too ill to attend the
Govt; that ha waa aoAring from
I diabetes of a wtaroua type and partial
S famlyaia: and, second, on the afflda
-- - I.iu o?M. ?...
VldBH MHJ J una nw|ivi
la New York and could not be gotten
here for the trial.
Ctol White lo bla affidavit used In
the applioatkm for bail swore that R.
H. Boiaanbaok told him of a ooovemttoa
with Mr. tiooaalea, in which be
nM Mr. Goualce hud told him (Holaanbaok)
that ha had made Lieuten- ,
ant Governor Tillman "ahow the ,
white feftthe: on aeveral occasionr and
whan ho met him be would make
% :!i him ahow it aitain."
I Mim Mary Julia Roper la trained ,
nana and ah* awon In an affidavit
wad In an apirilcatton for bail. which
waa declined, that while attending
? - -if- L -J ??- J
Mr. UOBOWI UOCie m? ucsru ar.
h1., OtntltMif j thstTin "hart mirtr T ini
tetikn* Governor Tillman show the
white (bather and that be would do
all in his power against him and wa?
sxessdlagly bitter in hi* denunciation
of Mr. Tillman."
TtoMnee uiged that it had tried
to yet these witnesses, but without
I Tha State urged that the defence
I had aot mads a proper, fall or satinfac[
, Uky abowlng in its application for a
f ?oo tin was00, and that if such a sbowf
ing wars wads of what it was propossd
to prova by the absent witnessrs
j ttaatebt be admitted to facilitate the
Ttadas Khtgb decided that a sufficient
showing had bsen made by the
dsfcocsfor a continuance of the case
1 and so directed. i
The next term of Court in this oounty
mats here on the fourth Monday I
In Jane and tha esse cannot be tried
Mf anil! next JTgly, i
Senator THIman accompanied J. H.
Tillman to Ooart and aat by him duHnir
tha hearing of the motion for a
To all h^wiwm the nearly three
months So the county jail has bad n?>
vL^lr phyelcal effects on the prleoner, who,
but for a little tallow ness, looks u
There wae no onnsoal gathering Id
t ^ room when the motion wae
The eoottnoanee wae not unexpected.
The State was anxious to have no
dslsj In the hearing of the esse.
Counsel for the defence announce
thai the continuance of the ease does
not ssean an application for hail, aod
thai aosnch move is now in contemplation*
Them was' a spirited legal oontest
over the motion for a continuance,
participated la by Col. Geo. W. Croft
and Col. P. tH. Nelson, counsel for
the defence, and Solicitor Thurmond
and Col, Andrew Crswford, counsel
for the prossentlon. Gen. Bellinger,
of counsel for the State, was acting a?
Judge at the special term of Court in
Tbe solicitor suggested (hat an arraigament
of the prisoner be bad, bot
the defence objected and intimated
that some farther motion may be
The custom in this fetate is to ask
for and get oontlnuaneee. The continuance
of the caee Is entirely within
the Jodgaant and discretion or
I the Court.
I MMXaeSDIBGS IN DETAIL.
* When the Court met this moroibg
Solicitor Thurmond bad a number of
cassa which be anbmitted to tbe grand
lory and after that work bad been coueluded
Judge Klugh said that tbe first
eaM on tbe docket for this morning
wait that of "the State against Jame*
H. Tillman." Aa soon as tbe annooncMMQi
waa made Col. Geo W.
-draft, of counsel for tbe defenoe,
arose and Mdd:
v"/ "** Before the defendant is arraigned
, we have a motion to make on the
part of the defendant We underetand,
may It please your Honor, that
the State expects to try this case at
the present term of Court, and we regret
to My that the defendant will be
compelled to ask lor a continuance,
bscaaes we find that two of the most
malarial witnesses for tbe defence cannot
attend at this term, owing to tbe
severe sickness of one of the wiinetweH,
Gut. J. A. White, of Edgefield, and
owing to the temporary absence from
the State of Miss Roepr, of Spartanburg.
We'have the return of tbe
sheriff, showing that one of theme witdmm
ba* been served and an attempt
made to serve the other. We have
also a certificate sworn to by the
physician of Capt. White, of Edgefield,
saving be is seriously ill and
confined to his room, and It will be
impractical for him to attend the
Court The return of the *herif!
shows that Miss Roper is in New
,York. She is a cltisen of tbis State.
We are Informed that she Is only
temporarily absent from the Ktate, and
that sbe will be present at the nexl
term of Court, when this case will bt
"I ask your Honor's attention to tlx
fallowing certificate and affidavit: I
will a*k Mr. Nelson, who ia associated
with me, to read these affidavits.
Mr. Nelson read the following affidavits
The tint affidavit wan in connection
with Capt. White, which read :
Edgefield, 8. C.t April 7, 1903.?This
in to certify that J. A. White is suffering
from disbetes, < f a serious type;
also nufleriug from partial paralysis
and incontinence of urine, and confined
to his room and under treatment
Butler & Patterson.
Sworn to before me April 7, 1903.
J. D. Allen, J. P., E. C.
After this affidavit had beeu read
Mr. Nelson read this endorsement on
the subpoena for Mi*? Roper, the
other witnem iu the case, who was
I hereby certify that I have made
dllligent search for Miss Julia Roper
and cannot And her in this county.
Am Informed that she is in Herman
Memorial Hospital, New York city,
*" " John E. Verner, Sheriff. 8. C.
April 2, 1903.
State of South Carolina, County of
Richland: Before me person ally appeared
George W. Croft, who. belnir
duly s worn, says: That he is one of
the attorneys for the defendant above
named. That Capt. J. A. White, a
witness for the defence in the above
entitled case, is, as appears by the affidavit
of Bu tier & Patterson, physicians
of the town of Edgefield, in the
State aforesaid, confined to his room
on account of serious illuess and will
no: be able to attend at the present
term of this Court. That the testimony
of the said witness is material
to tbe defence and the defendant cannot
go to tbe trial in bis sbeence.
That thb mo'lon is not intended for
delay* but is made solely because in
the opinion of deponent as attorney
for defendant the said defendant canuot
go safely to the trial without the
testimony of Capt. White. That due
dilligenoe has been used to procuse
the attendance of the said witness as
deponent is informed aud believes,
that the warrant for the arrest was
lodged with the sheriff of Richland
County by P. H. Nelson, Esq., also
one of the attorneys for tbe defending
on the 21st day of March. 1903.
That Miss Mary Julia Roper is also
a material witneus for the defence,
' - SW1S_-A -8 ft |_
tod is also aosem. iui aepuucuii
informed sod believes tbst s warrant
for tbe arrest of the Maid witness was
lodged with the sheriff of Richland
County on the 2nd day of April, 1903,
which said warrant was sent by the
?id sheriff of Richland County to
the sheriff of Spartanburg County,
Miss Roper being s resident of the
city of Spartanburg, and the said
warrant was returned on tbe 4th day
of April, 1903, endorsed N. E. I.
That deponent has been informed
that Miss Roper la temporarily in the
city of New York, and has received
anauratices that she will return to the
State, and will be present to testify
at the next term of this Court. That
due dilligence has been ustd to procure
the attendance of this witness,
and in deponent's opinion bis client
cannot safely go to trial in her absence,
and this motion is not made for delay,
but solely for tbe reason above
a W r.raft I:
oioir^n - - - w.
Sworn to and subscribed before me
this 8th day of April, 1903.
P. H. Nelson.
Notary Public for Mouth Carolina.
promptly arose and said: The rule
of Court pre-crlbes bow continuances
will be secured, and we submit these
affidavits do not oome up to the rule
of Court. If the rule is compiled
with It may bo the State will be in a
position to enable the defendant to
proceed to (rial any wmy at this term
of Court. We ask first that the rule
of Court is complied with."
COL. ANDREW CRAWFORD,
of counsel for tbe State, added: "It
teems to me, under the rule as last
amended, that even where the rule is
complied with,the essential feature of
which Is to set forth all tbe (acts, tben
the affidavit is submitted to counsel
on tbe other side, and if counsel
agrees to accept tbe statements
that would be made if the witnesses
were present, then the ca?e will go on.
"Now, in ibis particular instance
our friends have (ailed to make
bnnain In m vhal f*nta f hnv nmnnMi
to prove by these two witnesses. In
that particular their showing is absolutly
UJ submit we are entitled to bave
this case go on, first, because there is
not a compliance witb tbe rule of
Court in auy particular, aud secondly,
if tbe compliance Is made, we can admit
that, if the witnesses were placed
upon the staud, they would swear to
the things and matters set forth in
the affidavit, and then the case will
MK. 1*. II. NKI.SON
said : "We thought our friends were
so thoroughly advised of what these
witnesses would testify to in the main,
(tneir affidavits haviug been u*ed and
copies having keen furuinhed some
time ago.) we did not think it neces
nary to embody in a separate affidavit
what we expect them to testify on tbe
"Anticipating that point might be
made we nave pre|>ared thin affidavit
from M r. Croft:
"State of South Carolina, county of
Richland. (ieoege W. Croft, beiujj
duly sworn, nayn : "That in addition
to the affidavit of MImh Mary Julia Ro
per, deponent in informed and he believes
that t)he, if present, would testify
to the matter* therein stated, and
deponent la inforned that she would
testify to threats and matiers mort
pointed even than those therein ?el
''That owing to alwence and di?
tance from tbe city of Columbia uon<
of the attorneys for the defendani
have ever nau au opportunity or mm*
ins? or talking with her, and there
fore depouent cannot give in detai
the threat* aud other matters abou
i which they are informed the wouit
??T ,ftt J. H. White, if present
testify to what if* contained ii
the uifldavit of It. H. Holzenbark
1 referring to the conversation bt
I twee ii him and X. G. Gonzale*, am
I that lie commuuicated the nume t
) the defendant.
"Hworu to and subscribed before ni
i thin Stti day of April, lOIB,
[ "CJ. W. Croft.
.V,-. ' , y .
"P. H. Melson, Notary Public for
THK HL'I.E OF COUKT.
involving continuances in such cases
was read to the Oiurt as follows :
Rule 27?Motion* for Continuauce ;
No motion for the postponment of
trial beyond the term, either in Common
Pleas or (ieuieral Sessions, shall
be granted on aeeoi nt of tbe witness,
without tbe oath ?>f the party, his
counsel, or eiti r: to the following effect,
to wit: That tbe testimony oiP
the witness is material to MuoDort the
action or defence of the party moving ;
that the motion is not intended for delay,
but la made solely because he canoat
go safely to trial without such testimony
; that he has in rule use of diligence
to procure the testimony or the
witness, or of such other circumstances
as will satisfy the Court that his
motion la not Intended for delay. In
all such cakes were a writ of subpoena
has been Issued the original pball be
produced, with proof of service, or the
reason why not served, endorsed
thereon or attached thereto, or if lost,
the same proof shall be offered, with
additional proof of the loss of the
A party applying for such postponement
on account of the abeence of a
witness shall set forth under oath, in
addition to the foregoing matters,
what fact or facts be believer the witness
would testify to and the grounds
of such belief.
Counsel contended over tnfe matter
for some time.
Mr. Thurmond and Col. Crawford
contended that tbe defence bad utterly h
failed to comply with tbe rule in any 1
particular and tbat it bud not been p
shown what the witnes*en would have e
testified to bad they been present. I
Tbe defence said among other things I
tbat none of counsel bad ever yet seen (
Miss Roper and tUfct they did not know I
exactly what she would testify to; tbat ?
she bad written a letter to members of c
Mr. Tillman's family, in which she L
made mention of additional threat?, r
and that they were not fully advised 'J
as to thin witness, and thev further v
contended that no barm could come to s
the State by delay, as tbe defendant 1
was in iail.
Col. Crawford contended -that the t
view expressed by tbe Judge* at a 3
recent meeting was to require a com- %
plianoe with the rule po as to avoid "
frequent continuances, and that the t
rule contemplated that the opposing a
side raigbt be fully advised of what ?
was sought to be proven by absent
witnesses, and that ail of this might be t
agreed to and the case not delayed. a
He went on to urge that tbe affidavit
submitted, and the motion, as ]
made, did not comply with the rule iu
any w^y. t
Col. Croft contended that the defence
hnd shown due diligence in its &
efforts to get the two witnesses, and b
that it was an utter surprise to counsel fc
that Mian Roper was not in tbe State e
and that she could not lie pre-ent for
tbe trial. He had information that \
Miss Roper w. uld. If present, testify ?
to other things than were brought out ?
in the affidavit un* J at tbe hearing
for bail, and tha' c mnsel did not know c
from informatioii that she would testi- d
fy as to other threats. He then em- 1
phssized tbe value of having a witness t
on tbe stand and having tbe jury judge i
of the credibility of the witness by see- r
in* tbe person on the stand. t
Mr. Crawford insisted that it must a
at least be shown what these absent (
witnesses w una prove or wnai mey i
were expected to Mho v. <
Judge Klugh tti U^ht that this posi- <
tion was correct.
Col. Nelson *aid he thought the i
adffidavits of tiie witnesses in question <
were familiar to the counsel and
others, but at tbe instance of tbe Court t
he brought the affidavits used at the
time of the application for hail and
read these to the Court.
At tbe time of tbe application Capt. <
White made the following affidavit as ?
to what evidence was to be expected of i
South Carolina, County of Richland : ]
Personally appeared J. 1. White, who <
being duly sworn, ^nones and nays: |
Tbat he recall* theo'ent and circum- t
stances mentioned in tbe statement of i
R. H. Holzenback. Tbat be is keeper i
ot one of the committee rooms of the <
Senate of South Carolina. That at all |
times during the sessiou or the Senate
beta in tbe lobby of tbe (Senate. Tbat i
on Tuesday or Wednesday before tbe <
Nbooting of N. O. Gonzales occurred
he wan sitting by tbe front door of tbe
Raid lobby talking to Richard Hoizenback;
that to tbe best of his recol- |
lection it was Tuesday. The said man 1
with whom tbe depouent conversed <
was clean shaven and wore glasses, 1
and as he turned to go off deponent 1
asked who be was and was informed
by someone tbat it was N. ti. Gonxale*.
Tbat after tbe depouent's last remark <
tbe said Gonzales turned ofT abruptly
and deponent does not know whether 1
be walked into the 8enate chamber or |
into the corridor. That the deponent
communicated to the said Lieutenant 1
Governor and President of the Seuate
the Htatement either on the afternoon
of Tuesday or Wednesdny, he cannot
recall which, preceding the Hhooting
on Thursday. The deponeut i? a
Confederate veteran, having served
' four years in that dreadful struggle.
Tbat be was also county commissioner
' of Kdgelield (bounty for u like |M>riod,
and that he is an uncle by marriage of
solicitor iuurmouu ami ui hip inm.
W. A. Htrom, late a member of the
I House of Representative* from Kdge1
Held County. J. A. White.
Hworn to and HuhftcrilHMl before- me
this 11th February, UMW.
Robert Monrman, (L .K.)
Magiatrate Richland County.
> The companion affidavit, and which
i shows the other branch of this phase
of the case, was also read and is as
i State of Houth Carolina, County of
t Richland : Personally appeared before
- the Richard Holzenback, who, being
- duly sworn, Hays: That he came t?j
1 the'clty of Columbia on Ihe 12th or i
t January, 1903, for (lie pur|H>se of try- j
1 itig to get a |Mmition as doorkeeper ofj
the Hou?e of Representatives, hut was'
, unsucewCul. an?l returned to hi* i
a home iu Edgefield County on the lTtliI
of Jannary. Tlmt while he was in the
- State House u day or two liefore the
d unfortunate o" nrr#nce which resulted
o in thedeatii ?f N. C. Gonzales he was
talking to Capt. J. A. Whit#, wiio was
e keeper of one of ?he committee rooms
in the Senate of the Capitol building;
that while he was tliere N. (I.
Cioiizales, whom the deponent had
known for two years, came in the lobuy
of the Seuate chamber and asked
L'apt. White where his Ik**s wa?.
O'apt. White replied,"! have no boss,"
>nd he (Gonzales) said he meant the
Lieutenant Governor, and said, "I
iiipi?ose he in neglecting his duty, as
le always Is."
Lieutenant Governor Tillman was
lot presiding at that time, but Governor
Sheppard was in the chair.
Souzales said to Capt. White, he bad
nade him, referring to Lieutenant
governor Tillman, show the white
eather on several occasions, and when
ie met him he would make him show
t again. Capt. White made Mime redyand
shortly afterwards Mr. Gonzales
went off*. I do not recollect
vhetber he went in the Senate chattier
or out of the State House. That at
he time of the shooting deponeut bad
some diagonally across Gervals street
ind bad reached tbe corner of Gervala
ind Main streets before the shooting
occurred. That be saw Lieutenant
Governor Tillman in company with
^ T-IUl.,1 1 T>m.lbh.n
Xfumura A (IIUIIU ?UU lilUW II, iTdamug
ip Main street. Senator Brown was
in the inside, but dropped back to
peak to a lady. That left Lieutenant
Governor Tillman next to Senator Tallird,
who wan on the outside. About
ben deponent noticed Mr. Qonzales
omlng down the street In the direcion
of the State House; be had on bis
iverooat and each hand In his pocket,
rith the thumb resting on the top of
be pocket. As he got near to Lieu*
enant Governor Tillman he cut across
he pavement near the street railway
tation, and at the name time thrust
lis whole right hand lit his overcoat
locket, pushing the pocket back. I
xpected confidently from what I had
leard him say in the Stale House that
le intended theu to sboot Lieutenant
Governor Tillman. About that time
heard Lieutenant Governor Tillman
ay : "Mr. Gonzales I received your
aessage," and tbeu immediately I
leard the report of the pistol. I did
lot see where Lieutenant Governor
Tillman got bis pistol from, a? f was
matching Mr. Gonxtle*. exiting to
ee him shoot Lieuienaut Governor
Lieutenant Governor Tillman, after
in flrml turned uml walked riff* into
Jain street. Shortly after the hliot
va* fired I beard Senator Talbird >ay:
'Tliii must htop." Several pet sons
lien collected around Mr. Gonzales
iud in n short time assisted him to the
Sworn to and subscribed before me
his 11 ih day of February, 1908. Ricbird
H. (X) Holzenback.
James U. Fowler. Jr., L. S., Notary
?ubic for South Carolina.
The affidavit of Mis* Roper, who is
he other absent witness was :
State of South Carolina, county of
Spartanburg: Miss Mary Julia Roper,
telng duly sworn, pay* : "That she Ih
iy profession a traiued ntrrsu and is
otraged cow as Mich.
That during the summer of 1902 she
vaa nursing Cant. Ralph Elliot, in
Spartanburg, S. C. who was then sick,
uttering from dysentery.
That his nephew, N. G. Gonzales,
ante to see him during his illness and
leponeut saw Mr. Gonzales frajuenty.
That in discussing the differences
>etween Lieutenant Governor Tillnan
and himself Mr. Gonzales said on
Kan Alia AA/touiAn tn Hnninniit
IJUIC miliu uuv vvv?^IVU ?ir
hat he, Gonzales, had made Lieuten*
tnt Governor Tillman show the whit*
eat her, and that he would do all in
)i? power against hint, and was exleediugly
bitter in his denunciation ol
That she communicated the above
vmarks of Mr. Gonzales to Lieutenant
governor Tillman. Mary Julia Roper.
Bwofti to ami subscribed before rnc
his 17th day of February, 1903.
John Gary Evans, (L. 8.)
Notary Public for South Carolina.
After the affidavits had been read
Dol. Croft said that there was additionil
information as to Miss Roper. Ht
;heu weut on to urge that in so important
a ease that it was of the utmost
mportance that the witnesses be present,
if it were at all possible, and thai
it was a right granted by the Constituion.
He could not see that anything
was to be gained by the State. He
aid that he bad never seen a case un
Jer similar circumstances forced U
Judge Klugh after the full state
meuts by counsel, promptly aunounc
Ktu <lanSuinn anil uai^l
/U UIO UVV*0?v?w WMW
JUDGE KLUCill's DKCISIOX.
The rule of Court, like any otbei
I w, (because it ia a law authorized bj
riatute,) has to l>e given a reaaonahh
construction. The motion a* submit
ted to the Court probably does nol
technically comply in every respec
with the rule, as It provide** that th<
facts that it is believed the witnetwei
would testify to should he incorporates
in the aflldavita submitted upon tlx
motion. In that regard and perhapi
in others the motion may not comply
with the rule, but I think it compile
Now the construction of Mil* rule
like the construction of any other law
must be in accordance wiih comtuoi
sense. It is true, and it has conn
within my observation, even in crimi
nal cases where the facts are set fortl
in the allidav!t to which the witnesses
if present, would testify, the opposinj
side to the motion might admit tha
tho u itlllNWI'H Ulllllll HDHU'flir if Illlt. 111)
on the stand before the jury. Aud ai
agreement like that frequently obvl
ales the ncccwdty for u continuance
Hut in a ea*e involving the graven
issues that can be involved in any eas<
that comes Itelore a Court of Justice
that practice in not Muding upon th
Court. The whole matter, indeed, I
fiibmitted to the discretion of the >L'our
under the terms of the rule. Tin* jur;
are the sole judge* of the facts in a cast
In order to arrive at the facts th
jury must determine the credibility <>
the witnesses, aud it is not fair to
jury, especially in a rase involvin
grave isaues, to ask them to pass ii|m?i
the credibility ot a witness who is n<i
before them. So that would Ik* sulV
cient reason in this ca>*e, it seems t
me, to warrant the Court in grantin
this motion. In addition lolhatcouti
s^l states, in his affidavit, in referene
in out* 01 01 inese witnesses. whom? hi
tendance was exacted and wluise ill
'Hence hi this time, the alHdavit statn
| was unknown to deponent, woul
testify to mutter* more thoroughl
ltin.ii come within the knowledge ?
<le|K>iieiit. Hati)-factory reas.ni is give
why the additional matters to whic
: this testimony would In* addressed ar
i not eet forth fully in the affidavit, towil,
counsel has not bad the opportunity
to confer with the witness; that
the witness's ataence has occurred
Miuce the affidavit, to which reference
i ih made, was ?iven ; and. the reason*
given why the additional facts she
would testify are not set forth must be
considered a* satisfactory.
The Hheriirs return nhows the witness
is iu New York, and it in hardly
reasonable to expect that counael
would have poxted off to New York to
And out what those facts were. That
1m an additional reason, and, in my
judgment, would be of itself sufficient
reason to warrant the Court in postponing
this case until all the facts may
be submitted to the jury ou the isaues
involved iu the case.
I am of the opinion this motion
must be granted. - Take the order of
the Court to that effect.
As soon as Judge Klugh had announced
his decision ou the motion,
?tvi-v nrlitinnK inv mini
WUICU wma iwocvw *t ?
festation, Solicitor Thurmond arotte
and saM: "I would like to have the
defendant arraigned, unless the three
days' notice la waived.
This seemed to be an entire surprise
to the defence and Mr. Nelson said:
"It seems to us that is unusual. The
eaae bas beed continued and there is no
use to have the arraignment now.
Possibly before the arraignment we
may have some plea or motion to make
and we should not ne required to plead
Solicitor Thurmond: "The plea
should come after arraignVnent and
Mr. Nelson : " I disagree with the
solicitor as to that and will cite him
the case of the State vermis Boyd, 56
8. C. We cannot tell yet what it may
be necessary for us to take advantage
of. The case Is oontinued and no further
progress should be made In it
now,I' and be did not see that any
good could be had by having the arraignmeutat
this time, as the case had
been continued and that ought* to |end
the matter for this term of the Court.
Judge Klugh expressed his view and
said: "1 hardly think anything can
be trained by putting tbe defendant to
his plea. Id view of the statement or
counsel further proceeding in the
cause at this term muit be postponed.
"The defendant will be remanded
and the case continued."
The affidavits that were submitted
and the return that was made by the
sheriff* of Spartanburg were the only
papers presented to show that Miss
Roper could not be here on Mondsv or
later on at this term of the Court if the
case had progressed at this session,
and the only facts as to the condition
of Capt. White and bis ability to attend
Court later on are contained in
the affidavit given by the attending
At first Judge Klugh indicated that
he would* gn an order for the'continuance
of ths case, but later on said
that he would mark tbe case continued
on the docket, and this Mr. Nelson
thought would be all that was necessary.
This ended tbe matter in tbe Court
for the present.
Mr. Croft, Mr. Nelson, Senator Tillman
and Mr. James H. Tillman re|
tired to one of the rooms in the Court
House aud held a conference, wbich
lupteu for fully an hour. During the
progress of the conference Col. George
Johnstone aud Mr. Geo. 11. Rembert
> were present.
Mr. Nelson was asked, immediately
1 after the continuance of the case
f whether bail would be asked for, and
be said that such a move was not now
1 in contemplation and that he did not
: think that bail would be asked for.
Tbe intension of the State was to
> have tbe case begin on next Monday,
but tbe move for a continuance was
not unexpected, and as anxious as tbfe
State was for tbe case to go to trial and
> offer 110 impediment to a prompt hear
ing, it was not surprised at the motion
> for delay.
Mr. Tillman was taken to the Rich>
land County jail after his conference
- with bis counsel. A. K.
' Yd, Antrum Flower till has the largest tale
of any medicine In tbe civilised world. Your
-nihan' .ml irr>mlmrilhora' never tboocbl of
using anything else lor Indigestion or Bll*
lluanoeM. Doctors were Hear re, and they m>U
dnra beard nf ftpiWiMtW Ncrvouj Pnatra.
lion or Heart failure, etc. Tlicy used August
Flower to clean out tbe system and stop fermentation
of undigested food, regulate tbe
action oT the liver, stimulate the nervous and
organic action or tbe system, fcnd that Is all
they look wben feeling dull and bad with
' beadacbe* and other ttcbos. Yon only need a
r few dm>e* of Oreen's August Flower, In liquid
? form, to make you sailsfled there la nothing
erloun tbe matter wltb you. You can get
- thin rHlsbte rxniedy at Speed's Drug rttore.
t I'rice 'So and 75c.
i "" *"*"
? Come and see us for anything.
, W. D. itarkadale.
Wheeler A Wilson sewing macbloea are tbe
> best, all guarauted. W. I). Barkedale.
A fresb lot of candy evejy week at Mil'
ford's up to date drug otore.
I LOOK IN
f at our Kaster "preparations." The
,i (tight af this great assortment of
I- COX FKCTIOX Kiev
g is a charmiii)> oik* ami will bring feci'*
iugs of pleasant anticipation to the
Special Candies for Kasler have
<, J taken the place of, hut not crowded out
?? the regular kimhI things.
The place to ^et what y??v want.
I Speed's Drug Store
Iff 10?l nmtrioaa.
Whatever faults a man may liave,
however hopelos his caw? may l>e,
if he works he Htill has a fair chance.
Laziness runts nil the machinery ami
makes it creak. Many die of haviug
nothing to do. Idolence ia a kind of
suicide. "An idle brain in the Devil's
workshop." Neither heaven nor
earth can make any u*e of an idler.
He is essentially malformed aud ugly,
though he may live in a palace.
Turner, the great English painter,
wbeu asked the secret of hia success,
replied: "I have uo secret but hard
work." Don't stand around waiting
for "something to turn up." Turn up
something. (iarAeld says: "Things
don't turn up in this world until somebody
turns tbem up." Don't wait
for a chance. Make your chance.
While nlntv-niue people wait for
chances that never cohie, the one
hundredth relying upon the irrcsistible
strength of faif* own manhood,
make* bis cbauce. "The nerve that
never relaxes, the eye that never
blanches, the thought that never wander*?these
are the masters of victory."
Impossible belongs to the vocabulary
not of men, but of fools.
Bulwer says: "In the lexicon of
youth, which fate reserves for a
bright manhood, there is no such
word as fail." Tbe?differeuc? between
ignominious defeat and brilliant victory
is frequently only in the push
ana tenacity if the worker. Imprest*
people with the conviction that you
are tremendously in earnest, and you
gain their confidence; tbey will encourage
and help you.
Work is your great schoolmaster.
It hardens the muscles, steadies the
nerves, quickens the blood, strengthens
the intellect, corrects the judgment,
awakens slumbering genius,
calls forth latent powers, touches hidden
springs of action, and arouses ambition;
it teaches patience, perseverance,
decision and method; it start*
the ready pupil in life and brings hito
into close connection with men and
Lave ! Ike Fulfilling of Ik* L?v.
When the fro?t is on the windowpane
we do not laboriously scrape it
off with a penknife. Xo; we heat up
the room, and then the frost diitappears
of itself. So with the bad habits
of a life. You may fight them one
by one, but a far better way is ti
warm up the soul with love of Christ,
which will drive all the bad babitt
8. F. Killingsworth,
No. 4 Mai Block' Abbeville. 8. C.
WM. H. PAKKE11. WM. P. OREENt
PARKER & GREENE,
Attoneyi i^Cousellm atL&w,
Office on LAW HAN OH
Mav 4. 1M9H. If
Abbeville Lodge No. 45, L 0.0.^F.
\CEETH EVERY THURHDAY KVENIN<
840 o'clock lo Odd Kollova Hall. Ai
hrotbreo, and vUltors upectally, are moat on
dialljr invited to attend.
J. 8. Cochran, La. A. Hmltb.
Secretary. Noble Grand.
E. K. BEACHAM, Agt.
ABBEVILLE, H. C.
Marcbll, 1W?. if
R. M. Had
New arrivals in
large and well
A. <). Kmbroiderie# and Lace
1 iue of Ladie* Mark U?hIh al
our line of White (ioorits, (?
We have some Itar^uiu* in H<
iiitf HkirlM. Hei
R. M. Hac
Has a fine assortment of New I
Hats, which she proposes t(
or below cost. She expects
sell all sorts of goods at cu
and if you want a bargain i
goods must and will so.
/NOTICE OF REGISTRATION
STATE OF SOUTH CAROLINA,
OFFICE OF. KUPERVMORH OF REUI8
| TKATION, ABKKV1LLK COUNTY.
Abhcvlllr. H. C.. March ?, 190.
Notice is hereby given that in accor^
> dance with an Act of the General
1 .\H*?rnbiy, and in conformity with the
I requirement* of the State Conntitn*
tion, thei>TokH for the registration of
all legally qualified voters, and for the
ixHuiug of tranHfeni, ect, will be open
at the office of Supervisor* of Registration
in the Court House, between the
hour 9 o'clock a. m., and 3 o'clock p
ni., on the firnt Monday of eacn
month, and kept open for three sue*
oe?8ive days in each month until
thirty days before the next genera]
The Board of Registration is the
judge of the qualifications of all
applicants for registration every male
citizen of thin State and of the United
State, twenty-one yearn of age, who u
not an idiot la not insane, is not a
pauper Hnpported at the public ex*
j>euse, and is not confined in any pab?
' lie prison, and who has not been convicted
of burglary, arson, obtaining
goods or money under fatas pretense*
p?*rjury, fcrgery, robbery, bribery,
sduitery wife beatinsr, housebreaking,
receiving stolen goods, breach of trust .
with fraudulent intent, fornication,
*odomy, incest, assault with intent to
ravish, miscegenation, larceny, or
crimes against the election laws, and
who shall have been a resident in this
Htate two years (except minister* in
charge of organized cbarche* and
teachers of public schools, and these
after rlx months residence in the
, State,) a resident in the County for
six mouths, and in polling precincy
four months, and who can read any
(Section in the Constitution of 1886, or
i can understand and explain any seei
tion of said Constitution when read to
I him by the registration officer or officers
shall be entitled to reglstrationjuid r
become an elector upon application for
such registration. If any person bme
been convicted of any of the crimes
' above-mentioned, a pardon of the
> Governor removes the disqualification.
In case any minor who will beoome
twenty-one yean of age after the clos
ing of the Hooks of Registration and
! before the election, and is otherwise
? qualified to register, makes applica>
tion under oath showing he is qoaii>
tied to register, the Boards shall regis*
ter such applicant before the closing of
Any person whose qualifications as
an elector will be completed after the
closing of the Registration Books bat
before the next election shall have the
right to apply for aud secure a regis*
tration certificate at any time within
r sixty days immediately preceding
the closing of the Registration Books,
upon an. application under oath to the
facts entitling him to such registrar
I The registration of voters must be
by polling precincts. There must be a
Book of Registration for each polling
precinct, that is for eacn township, or
parish, or city, or town of less than
J I UaKUmas UfAwl nf
] I1VB U1UUSWUU illu?Uiu>uu>, ui wa???*.v>
> cities of more than Ave thousand
! inhabitants. Each elector must vote
in the polling precfuct in which be
reside*. If there is more than one
voting place in the polling precinct,
< the elector may vote at any voting
} place designated on the registration
i. certificate. The Hoards must designate
r in the regiatratiou certificate the votling
place in the polling precinct at
; which the elector is to vote. If there
is more than one voting place in the
, polling precincts, the Boards shall
J j designate on the certificate the voting
' place selected by the elector.
G. H. MOORE.
1R. O. McADAMS,
WM. C. 8HAW,
Board of Supervisors of Registration
| DENTAL NOTICE.
. Dr. S. 0. Thomson,
jofKICK UPj^TAIR-^ ON j, McILW AJN
turum, anu?Tiu?i o, w?
Hello Central! give me 67 pinnae. I wanl to
(rt aome nice trend una cuke* from the Baker*.
Ldon & Co.
Sprint; (JikxJm. A
I atMorted liue of
IX(*s to m a ten.
h. We have a new and attractive
L ail prices. We have repleninhed
in^ham* and Bleached Muslin*
?avy Drews Goods for ladies walk'pectfully,
Idon & Co.
?New and Up/Ml
lats and New Up-to-Date Shapes of
? AAII knf *1 AWT AVI nK?iofm<io af
) SDH uotnoou uun auu \Jill ioiiuuu uv
to give up her store room aiid will
stomers prices, She means business,
in headgear now is jour tima. The