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The Newberry herald and news. (Newberry, S.C.) 1884-1903, October 13, 1903, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn93067777/1903-10-13/ed-1/seq-1/

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STABLISHED E$k1 NEWBERRY TU1"0 O 3 1 __l W W903
0V,I'T..... mI.i I. ^
TUR<,DAY. oc'
EVIDENCE ALL IN.
THE CASE WILL PROBABLY G0 TO TIE
JURY TOMORROW.
James H. Tillman Tells His Story Graphi
cally and In an Impressive Manner.
The Arguments.
[Special to Herald anid News]
Lexington, S. C., .October i r.
The taking of testimony ii the case
of James H. Tillnan, charged with
murder in the killing )f N. G.
Gonzales, was concluded at 4 o'clock
Saturday afternoon, and the record
is complete so far as, under the
circumstances, it could be made
complete. When the last witness
catne off the stal the trial had
lasted through exactly two weeks.
Two days will be given to the ar
gunents, and His Honor judge
Gary will charge the jury on Wed
nesday. Thus the case will go to
the jury on Wednesday morning,
the third day of the third week.
MR. TILLMAN'S VHRSION.
The keenest public interest in the
ca-ie centered in the testimony of
the defendant, Colonel James H.
Tillman. For the first time Ie gave
his version of the affair. Col. Till
man was placed on the stand an
hour before the time for adjourn
ment on Thursday afternoon and
his testiiony was concluded a few
minutes after three o'clock on Fri
day. He was on the stand about
six hours all together. He was col
lected and bore himself with ease
amounting almost to a seeming ab
sence of interest. It was apparent
fron his answers, however, that lie
had weighed each word carefully
before it was uttered. He was sub
jected to a severe and skillful cross
examination by Mr. Bellhinger for
the State, but never once did he
Jose his self- possession.
THR LINE OV DEFXHNSE.
A review of the State's testimony
has alread.y been given in these
columns, and with that side of the
case the readers of this paper are
entirelv familiar. The evidence for
the defense was along three distinct
lines:
Testimony was produced to con
tradict the evidence brought for
ward by the State that Mr. Tilliman
had made threats against Mr. Gon
zales' life.
Testimony was produced to prove
that, on the contrary, Mr. Gonzales
had long cherished bitter animosity
against Mr. Tillman's family and
against Mr. Tilman and had re
peatedly tmade threats against Mr.
Tillman's life.
Testimony was brought forward
to prove that at the fatal moment
when Mr. Gonzales and Mr. Till
man met, Mr. Gonzale;' action was
such that Mr. Tillman, L..:ing it in
connection with the threats which
had been repeated to him as having
been made by Mr. Gonzales, con
sidered that action a demonstration
against his own life, and fired as
hie thought to p)rotect himself.
"J-ad he pursued his straight
course, he wvould have been safe
from harm,"' testified Mr. Till
man.
"iuR CUT DIAGONALLY ACROSS."
The str-ong point in the State's
evidence,-that Mr. Gonzales, whenm
he me'4 Mr. Tillmian, cut diagonally
4eross the p)avemlenlt to avoid brush
ing against ii,-Mr-. Tilhuan
turned to his own account. The
construction p)laced on this m&ove of
Mr. Gonzales, whether it was a
dlentonstraitioni against Mr. Tilm ian's
)jfu or an attenmpt to avoid Mr. Till.
mn, has dilTerevd with the relative
positions on t he pa:vemenC1t assigned
Mr.. Tillhiani aid the two genitIe
men with himi. All the witn;esse,
for the State,,.except Senator Tal
hnrl, placed Mr. Tlillman on thed
piutside, Senator- TIalbird in the ceni
tre, and Senator l1rownu on the in.
side. Mgr. Gonzales, they said, wm~
walking dlown) the street ini the een.
tre of the pavement. 'When lie ap.
p)roached Mr. Tilbnani amnd Senmatori
Talbird and Brown he cut diagonl
ally across towards t he inside, going
c.nway from Mr. Tillmnan on the out
'isle of the pavement and seeking
,toth.s through the opeing be-tweei
,The cr's.Browni and the corner o
Ion the seeC r station. Therefore
wee'-. Tho g, Mr. Gonzales ci
on the 9th and 4-( t o avoidl brushius
Mr. Haynesworthidan.
lawyers of the Gr o the deCfens5
are sure willl ma:rd on the ont
-udge. ,. Mr Tilbnuat
- .xato)r lirOWn ov f
tthe Best F.or\vyu he stree
aovemenCt anm
ihis coursi
have passe,
tor Talbird
'r, he cut di
avemnent to
ent toward
between Seni
itW tM rULIUU allui DfWjj I JULI
sides agree as to the move, the
State holdifig it was an attempt to
avoid Mr. Tillman, the defense
holding that it, taken with other
circmnstances, was a demonistration
against Mr. Tillmnan's life.
The evidence for the State and
the evidence for the defense is con
tradictory at almost every pint.
Both sides have been presented
with consuminate skill. Which
witnesscs are to be helieved? The
jury must decide, and upon the
answer which they give to that
question must depend their verdict.
COl,. IlILLMAN's TusTIMONV.
James H1. Tillman, the defendant,
was placed on the stand at about
five o'clock Thursday afternoon.
The burden of Mr. Tillman's testi
mony was that for many years Mr.
Gonzles has pursued him with re
lentless malice; that within recent
years he had repeatedly made
threats against his life; that when
he and Mr. Gonzales met Mr. Gon
zales cut diagonally across the pave
ment towards him instead of contin
iing his course in order to pass,
at the same time thrusting his hand
deeper in his pocket as if to draw a
weapon, and that these movements.
taken in connection with Mr. Gon
zales' bitter editorials and the
threats which had been repeated to
him as having come from Mr. Gon
zales he considered a demonstration
against his life, and shot as he
thought in order to protect his own
life.
Mr. Tillman was examined by
Col. Croft, and testified in sub
stance as follows;
While in Winnsboro reading law
in the office of his brother-in-law,
0. W. Buchanan, he wrote an ar
ticle for the Winnsboro News and
Herald, replying to an article which
Mr. Gonzales had written for the
News and Courier (Mr. Gonzales
at the time being the Columbia cor
respondent of the News and
Courier), in which Mr. Gonzales
had misrepresented his uncle, now
Senator Tillman. Mr. Gonzales
wrote to ascertain the name of the
writer, which was at first withheld
because his friends advised him not
to get into a controversy, but upon
a second riuest from Mr. Gonzales
his name was given.
The next transaction that arose
between Mr. Gonzales and himself
was when he applied in 1890 for
membership in the South Carolina
club. Mr. Gonzales, he said,
drummed up enough of his friends
under the rules of the club to black
ball him and he withdrew his name.
Then lie challenged Mr. Gonzales
to a duel to be fought over in
Georgia. lie refused to reduce the
challenge to writing because he was
afraid it would be used against his
uncle, then Governor B. R. Tillman.
lie went to Georgia and waited for
Mr. Gonzales a couple days, but he
didn't come. In that year Mr.
Gonzales made a bitter attack on
him in the afternoon paper in Co
lumbia and ini other papers, calling
him a contempt ible scalawag and lie
didn't know what else.
Mr. TIilhnami said he was once
thle Washington correspondent for
several papers. Mr. Gonzales at
that time, just after the second elec
tion of Cleveland, wvas an aspirant
for the position of consul general to
China. Mr. Tilhn~an, upon the best
information he could gather, as hie
said, "all newspaper men do except
in South Carolina, where they
never try to hunt any facts at all,''
wrote to his papers that Mr. Gon
zales would nmot be appointed. Mr.
Gonzales wvas in Washington, and
they met in the lobby of the Metro
politan hotel, where they had sonme
hot words The next (lay he wvalked
up to the cigar counter andc bought
s 'mje cigars A crowd was stand-.
ing arotui anulibe t urned arounmd
to offer- a cigar to somneb)ody. lIi
did not know who was there, anid
he telt he had made a mistake iri
offering Mr. Gonzales one. Mr. Tlill.
man saidl he came hack tq Colum.n
bin, wherre lhe was Columbia cor
respondcenit for the Atlanta Consti.
tuitioni for some time. HeI went t<
Rdgefieldl to practice law abouli
1894.
When the Spanish war brok<
oult he was applointe(l lieutenant
colonel of the F.irst $. C. Regimenit
his firjt pulic ofhice. Asked aboul
the rceeence which had been mmh1(1
in art icles In the State about his try
inig 10 get the regiment dilsbanded,
Mr.' Tilhunan said that was true.
After the war was virtually over- ht
did not feel that it was just to thi.
p 1rivates to go) to theC front, giviny
upI htucrative~ poslt)ions for $15 40
Imnonith. Thme conucilit Of the Statt
was very bitter towards huitmI duin ii)
his military life, it had always hee
very bitter towar<da him sinice hc
was 2a years of age. Mr. Gonzale:
on one occasion wanted to have lhin
-court-martialed because he hin<
Ssome negroes whipped because the)
-had stolen a pistol from an ok(
11twu mog wit is regimen "He
had me arrested and brou hefore
a Magistrate, and the magistrate
dismissed it." Whtu Col. Alston
died he was promotedi . to the
colonelcy. It was attehipteA to be
represented against him that, after.
he was made colonel he watited to
keel) the regiment in servicf. To
show the falsity of th'it, he said
after his colonelcy expired, he'tried
to enlist in the Third Nebraska
Regiment, of which -W. J. Bryan
was colonel. After that Mr. Gon
zales hd villified him when -he at
teimpted to organize a 'coiinpy of
Indian scouts to go'to 'thb Philip
pines and had ridiculed him wheti
elected senior vlee-conimmabder-in
chief of the Spanish War Veterans?
Association, to which positidn he
was elected over Gen. Joe Wheeler.
Mr. Tillinan's narrative at this
point reached his etitrance into
political life, his campaign for
lieutenant governor in 1900 The
statement that lie was a traitor to
his uncle and had tried to defeat
hini when lie ran for governor was
al)solutely false and that man (Mr.
Gonzales) knew it when lie wrote
it Mr Tillm:n denounced as ab
sohlttviv f.d!e a nuntiber of editorials
ii thte Skte ii ieference to his
official aind persolial acts hiring the
tite lie was lieutitenant governor.
Asked about tle attacks wlich Mr.
Gonzales hadi made upon him, Mr.
Tillman said lie thought Mr. Gon
zales' paper had been pretty well
devoted to him and to men\bers of
his family since 1890. These 'ar
ticles had always Ieen extremely
abusive and scurrilous.
At this point a long argument
ensued as to whether or not Col.
Tillman could testify as to the truth
or falsify of the editorials. In the
midst of the argument the court
adjourned until Friday morning.
At the conclusion of the argument,
Judge Gary held that Col. Tilluan
could not testify as to the actual
truth or falsity of the editorials, but
that lie could testify what feelings
those editorials engendered in his
breast.
Mr. Tilluan coutined his testi
inony. He had given no cause for
the charge in the editorials that lie
had wit'-held money collected for a
Confederate monument at Edgeficid,
and at one of - the meetings in the
last campaign had produced a tele
gram from Mrs. Gen. Evans, the
president of the monument associa
tion in which she receipted for all
the money he had collected.
As to the Jenkins sword incident,
Col. Tilhlman said lie withdrew the
invitation to Mr. R,oosevelt to pre
sent the sword at the Charleston
exposition, because in withdrawing
an invitation to Senator Tillman t
(line at the White House becaus
Senator Tillman had engaged in.
fight on the floor of the senate, Mr.
Roosevelt insulted the State of
$outh Carolina by insulting one of
her senators, who was also an uncle
of his. The first thought of with
drawing the inivitation came from
some of the subscribers.
lHe only wished he could get an
other chance to withdraw an invi
tation, since Mr. Roosevelt had got
to dining with Booker Washington
and appointing negro officials in
Charleston. Mr. Gonzales' edito
rials upoii this incident and others
iln colnction with It, he said, con
tainied about as much venom as a
rattlesnake.
Col. Tilbnan deniied that lie had
told Mr. C. J. Tlerrell that hie would
kill Mr. Gowzales. He had never
been intimate with Mr. Terrell and
wouldl hardly take a man inito his
confidence who had fought him as
bitterly as Mr. TIerrell had. Mr.
Tillhnan dleniedl in toto having made
any threats againist Mr. Gonzales'
life, cor roborating Mr. Blease's tes
timnony as to his~ conversation with
Dri. Adhans. lie corroborated the
witnlesses who testified to having
repeated to huimu threats miade by
Mr. Gonzales against his life.
Col Tilhnan said that the after
nooni befoue the shooting his own
pistol was out of order and lhe had
given it to Mr. F. Hi. Dominick ta
carry to the gun-smith. In view of
the threats made by Mr. Gonzales,
considered it uiwise to go uinarmed
and the afternoon before the shoot
inig lhe borrow~ed Mr. L. J. William's
pistol anud later gave it to his nephen
Tlilbuiq' Biich to return. He weiit
down to the State H-ouse on the
morlning of t he shooting with T I
main Buneh's pistol. . He found his~
p)istoi iln his wom1 at the State House;
when he got there.
Mr. Tillhman continuing, (de
s;cribeLd the meit ting with Mr. O :0
zales, and( the shiootinig, as follows:
"Well, we '. ent on out of the
State Hlouse, myself and Senatot
Brown and Senator TIalbird, as be.
fore stated, walking down the street,
across the State House grounds and
tip Main street, and, just before ]
got to the transfer station I noticed
(Couneluded on Ath Page.)
JOIN THE
Newber[
BIG DRES5
TUESDAY ORi
berry. Over 100,000 ya
going in this great sale.
ForQoign and Domestic D
before.
F RE E!
LININGS Fl
need to shop the marke
are worn; we have them
Styles. All the
LatesC Weav
Which we offer you che
other stores.
We want every lady in 1~
this
Don't Tarn
Stylish Dress Goods anc
Now
CROWDS
Yh
IS Cas
We begin th
Dress Goods
rds Fine Dress Good
Now is your chance
ress Goods cheaper
* U
* U
With ever
RE4E buy thes
ts, no need to worry
--the correct 1903
U,
iper than you can t
Jewberry and surrot
SA
on~ the Waysid.
Ladies' Favorit
i Lowest Prices reigr'
~ALDWELL. Ma
IFTHE
tores
A SLE.
randest CUT PRICE
Sale ever held in New
s, Silks and Waistings
to buy the cream of
than you ever bought
^ R EE
y Di-ess or Skirt you
6 BIG DAYS. No
about the styles that
VIodedrn Dress Goods
>uy back numbers at
inding Co unties to visit
D, MaVrch direct to the
.e Trading Place where
>i suapremne.
nager.

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