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VOL. XVIII. MANNING, S. C., WEDNESDAY OCTOBE
THE JURY CHARGEi
By Judge Gary As to the Different
Kinds of Homici e.
WH C THE JULGE rH hGED
i'he End of a !onsg and Tiresome
Case. Tht- Jury Out Twen
ty H..urs and Th. n
The c1"-inr aruuments in t ease
of J. H. Tillman were made Wednesday
at. 1.42 p. m. Judge Gary gave the case
to the jury.
The arguments consumed two and
a half days. Senator Tillman. uncle
of the dfendant, was present Wednes
day. Col. Croft resumed his argument
to the jury with the convening of
court and made the closing ad
dress for the defendant and final ap
peal for his acquittal. In summing
up the defendant's case he dwelt upon
the teitimony of witness s for the de
fence relative to the position of Mr.
Gonzales' hands as he approached Mr.
Tillman. He also pressed the point
that the defendant was to be judged
in the light of circumstance as they
appeared to the defendant. Colone
Croft also addressed himself to law
points invols ed.
He was rolhwed by General G. D.
Bellinger, who closed for the state
and made the final aagument of the
trial. General Bellinger made a gen
eral summing up of the state's case,
laying stress upon the testimony ad
duced by the state relative to the
shooting. Analyzing and comparing
with the testimony of witnesses for
the defence, calling special attention
to the witnesses whose veracity had
been attacked by the state. At the
ciose of M r. Bellingers speech Judge
Gary delivered the following charge
to the jury:
JUDGE GARY'S CHARGE.
"Mr. Foreman and Gentlemen of
the Jury: I congratulate you upon
the approach of the end of this trial,
which has consumed so much of you
time. It has required of you pati
ence, endurance anti self-sacrifice. I
am glad to say that you have met the
exactions in a manner to be highly
commended, and when you return to
your respective homes you may enjoy
the satisfaction which comes from a
sense of duty well performed.
"Gentlemen, the trial has reached
that stage when it is my duty to
charge you what I conceive to be the
law of homicide. This I shall do as
plainly and briefly as I possibly can,
and if, in what I shall have to say to
you, you should conceive the idea that
I intend to express or intimate to you
any opinion upon the facts, I beg that
you will dismiss such idea from your
"The Constitution of the State for
bids me to express or to intimate to
you any opinion upon the facts and I
do not intend to do so. The facts are
exclusively for your determination.
You find the facts and apply them to
the law which I give you and find
your verdict accordingly.
"The defendant. James H. Till
man, stands charged by the State of
South Carolina with the murder of Ni.
EWEE KI2NDS OF EOMICIDE.
~Hom icide, gentlemen, is a general
term, which means the killing of a
man, regardless of manner in which
the killieg is done. There are three
kinds of homicide-justifiable homi
cide, excusable homicide and fclonious
homicide. Trne law only punishes for
felonious homicide. Justitliable homi
cide is where one takes the life of an
other in the performance-of a duty;
for instance, if the sheriff hangs a
man in pursuance of the mandate of
a competent Court. it is justifiable
homicide; he is carrying out the or'
cer of the Court, and the law says it
is no wrong. But, gentlemen, as
there is no intimation from any source
that the alleged killing was a justiti
able homicide, you may dismiss that
kind of homicide from your consider
"Now, the next is excusable homi
cide. Excusable homicide is where a
man kills another under such circum
stances as the law, in its regard for
tbe weakness of human nature, con
'dones, and it excuses the act. For
instance. For instance, if a man is
in the discharge of a lawful duty, a
lawful act, and without fault or
negligence, accidentally kills another,
the law excuses him and he has done
no wrong and should suffer no punish
ment. Tbhen, again, gentlemen, if a
man kills another in selfdefence, the
law in its regard for the laws of na
ture, says that he has done no wrong
and should not be punished. Now.
1 will charge you further on in what I
shall say to you, as to what is neces
sary to make out the plea of self-de
"Now, I have instructed you as to
what justifiable homicide is, but that
does not come in this case. I have
inst ructed you as to what excusable
WHAT FELOIOUS EoMICIDE )REA~s.
"Tiie other homicide, and the only
one for which a man is punished, is
felonious homicide. which is either
murder or manslaughter. Murder 'is
deined' by statute to be the killing of
a human being with malice afore
thought, either expressed or implied.
By an analysis of that detinition, gen
tiemem, you will see in order to con
stittte murder there must be the kill
ing of one human being by another.
that killing must be done with malice
aforethotugh t, malice premeditated.
Malice may either be expressed or im
plied. Now, that is murder. Malice
may be defined to be an evil spirit, a
depraved and wicked spirit, and this
detinition has been adopted by the
Supreme Court of our Stats and has
been detined to be an evil spirit, a de
praved and wicked spirit, such as is
found in the heart totally devoid of
social duty and fatally bent upon mis
chier. Expressed malice is where one
person kills another with a sedate, de
liberated, meant and formed design1
such formed design being evidenced
by external circumstances which dis
cover the inward intention, such as
lyin~g in wait, antecedent menacing
threats, former grudges pnd concertec
schemes to do somebody harm.
Nw, asi said to you before, ta
constitute murder. it niust be done
with malice aforethouglht and that
may be either expressed or iinplied.
I have just told y..u what expressed
"Now. irm plied !mali'e is such as
the law inters or iusplies tram the kill
ing itse If. It he ki ieh is pr.o-ved,
anl i. Ot on the a' t,;dant circurn
stanceS, tItotn tiith las infers 'r pre
sumes that the killu w:t s done with
malice aforethought. That is what is
meant when we speak ot implied mal
ice, but. gentlemen. when all if the
circumstances attendini the killing
are related to % (u. you have no riuht
then to infer anythiou. 'u niust look
at those circumstan;,s a thee ae de
tailed to you by the witnesses. and
from those cirtumstances you must
say whether or nut the killing was
done with maliee aforethought.
IN WHAT MANSLAUGHTER CONSISTS.
"Manslaughter is the killing of a
human being in sudden heat and pas
sion and upon sufficient legal provo
cation. This, gentlemen, is said to
be one of the charities of the law. In
its tender gegard for the frailities of
our nature it recognizes the fact that
under c 'rtain circumstances we are
liable to be so far transported beyond
ourselves that we act from passion
and not from reason. When one is
suddenly thrown into a passion or
transported beyond himself, reason
loses its sway and he acts from pas
sion. If he has sufficient legal provo
cation for that passion then the law,
in its mercy, says that is not murder,
"I will call your attention to the
fact that if sufficient time elapses b
tween the receiving of the provocation
and the act of killing to enable the
blood to cool, to enable passion to sub
side, to enable reason to resume its
away, then the law says blood must
cool, the passion must subside, reason
must assume its away and holds the
man to as strict an accountability as
if he had not received the provocation.
"In this case your inquiry will be.
has N. G. Gonzales been killed? Did
James H. Tillman kill him? If s:), un
der what circumstances was the kill
ing done? Was the killing felonious,
such as the law punishes for? If so,
under what circumstance was the
killing done? Was the killing faloni
ous, such as the law punishes for? If]
so, was-it murder or man slaughter.
or was the killing excusable? These
are the questions you will ask your
WHAT THE DEFENDANT CLAIMS.
"The defendant sets up the plea of
selfdefence; that is, that lie did the
killing to save his own life, or to avoid
serious bodily harm to himself. if the
defendant has established his plea of
.elf-defence, then he is excusable and
your verdict should be 'not gc.ilty.
The plea of selfdefence, gentlemen. is
founded on the idea of necessity: that
is, that it was necessary to take the
life of a fellow man to save one's own
life er to avoid serious bodily harm.
For the defendant to establish his
plea of self-defence he must satisfy
you, gentlemen, of four things, not
beyond a reasonable doubt, but by the
preponderance of the evidence. Rem
ember, that he must satisfy you. not
beyond a reasonable doubt, but by the
preponderance of the evidence of four
things: First, that he was without
fault in bringing on the ditliculty; sec
ond, that ie believed at the time that
he was in danger of receiving serious
bodily harm or losing hi life, and
that it was necessary to take the life
of his assailant.
"He must go further and shov you
that a reasonable man, .4 man of ordin
ary firmness, courage, prudence and
reason, stituted as he was, would have
come to a like -c nclusion. Now,
gentlemen, the qusetion is, not what
you would have done, or what I would
have done, but the question is, what
would a man or ordinary tirnmness-and
reason and prudence. what conclusion
would he have reached?
"Fourth. that he had no other
probable means of escape.
"if he has shown these four things
to your satisfaction by the prepunder
ance of the evidence, then his plea of
self-defense is established and he i
entitled to an acquittal at your hands.
"Now, gentlemen. what is prepond
erance of the evidence? It means
the greater weight of the evidence.
It is usually illustrated thus: If you
put the evidence in favor of the plea
in one pan of the balance and the
evidence against the plea in the other
pan of the balance, and the evidence
in favor of the plea bears down the
testimony against it, it outweighs, it
preponderates, and the plea is estab
WHA.2 THE STATE MUST I'IO\'E.
"It is necessary for the State to
establish its case to your satisfaction
beyond a reasonable doubt, and strie
ter degree of proof is required of the
State than is required of the defen
dant. The State must make out its
case to your satisfaction beyond a
reasonable donbt. Now, what isa
reasonable doubt? It is not a vague,
whimsical, weak, imaginary doubt.but
it is a strong, substantial, well-found
ed doubt, growing out of the es idence,
an .honest hesitation of the mind,
brought about by the evidence. Whilst
this is the definition laid down in the
books, the words 'reasonable doubt'
convey just as much meaning~ to your
mind as the detinition that is given in
the books. I think it will be enough
to say that a remarkable doubt is a.
I"Now, if, upon a review of the
whole case, the whole evidence, that
given by the State and that given by
the defendant, you have a reasonable
dubt as to the guilt of the prisoner
or as to any material allegation of the
indictment, then it is your duty to
"The form your verdict will be
either 'Guilty of murder.' 'Guilty of
murder, with recommendation to
mercy.' 'Guilty of manslaughter,' or
"'Now, gentlemen. if you should
conclude that the defendant is guilty
of murder, but he should not sull'er
the extreme penalty of the law. your
verdict would be 'Guilty of murder
with recommendation to mercy.' and
that recommendation will of itself re
duce the punishment from death to
imprisonment for life iu the Peniten
"Now, gentlemen. bring to bear on
this case your best judgment, and tind
a verdict according t the facts as you
fnd them, anrd rthe law which 1 have
given to you and will give to you, re
gardless of any outside clamor that
already too many homicides have gone
unpunished in South Carolina. You
have nothing to do with that. You
are only dealing with the facts and
the law of this case.
"Now counsei for the State and
counsel for the defence have handed
to me numerous requests IO charge, I
will now proceed to consider them.
Some I will charge you and others I
shall decline to charge you."
This ended the formal charge as to
the principles of law.
Then Jude Gary took up the bundle
of regqe-ts to charge, which he con
std-r. d seriatim.
The jury after being - out about
twenty hours brought in a verdict of
POISON EATERS START.
Dr. Wiley's Class in Salicylic Acid
The tests that will be continued
during the next eight months at the
bureau of chemistry of the Depart
ment of Agriculture to determine the
relative qualities of food under differ
ent conditions of artificial preserva
tion have begun. Twelve young men
volunteers for the course of "free food
and poison" took their breakfasts un
der the watchful eye of Dr. Wiley, the
chief of the bureau, at Washington
under whose supervision the experi
ments are being conducted, and each
was supplied with an eye-opener con
sisting of a small capsule containing
salicylic acid. This preservative will
be one of three that are to be tested
during the coming year.
It bas been intimated that the ex
periments in this special drug may
have to be discontinued within a few
weeks owing to its character. It pre
vents digestion when taken in large
doses, and it is this that has caused it
to be selected for trial. Meats are pre
served with it, and its effect upon the
human system will be carefully noted
during its use at the department table.
As was done in the case of the borax
experiments last year, the drugs given
the boarders will be in the same pro
portions as are found in preserved food
of the same kind. The drugs are al
ways administered in capsules, and
every ounce of food is weighed before
being sent to the table. The most ac
curate record is kept of every phase of
the experiments and the whole ar
ranged for eventual publication. In
the case of the borax experiments last
year the records are nearly ready for
publication, when the results of the
course will be known to the world, and
foods the adulteration of which was
found detrimental to the health of the
consumers will be forbidden by law
from sale in or importation into the
United States or it possessions.
A Remarkable Meeting.
At one of the most remarkable
church offerings meetings ever held
in the Atlanta Baptist Tab, rnacle, of
which Dr. Len. G. Broughiton is pas
tor, recently raised $16,500 with
which to lift the church debt and
make improvements on the building.
The church was crowded and much
enthusiasm was shown. One younc
lady, who worKs for her living, took
from her finger a dimo'nd riig which
represented nuch of ner savings and
gave it to the fund. Severa?l young
rnen jointly subscribed $160. redeemed
the ring and returned it 0o tine owner
under her protest. The object of
raising the moJney to pay off thle whole
nuren debt a< thi, time was to in
:duce Dr. Broughton t. remain with
the church. Tie minikser received a
all to a large church in Boston and
has not announced his decisi.'n. A
ommittee from Boston church is
vwaiting upon him in an etTort to aid
n making his decisi'on. It is not be
lieved he will now leave lik church
Killed His Mlothe~r and Wife.
Frank Pavlik created a dramatic
scene in Judge Clifford's Court in Ciii
ago, pointing an accusing tinger at
his father and declaring th-et the lat
er was guilty not only of wife miur
der, but also that of matricide.
"The murder of my mother is not
the first one committed by my father,"
said the accuser. "in Bohemia,
where I wa born, he killed his own
mother. He became enraged at my
grandmother and struck her a vicious
blow. For three weeks she- suffered
and finally died.. My father was nev
er punished for that crime."
Attorneys for the defendant told the
jury they would make no denials oif
the charge that the defendant killed
is wife, but would seek to prove him
A Lynching Bee.
Walter Jackson, the convicted mur
derer of Fonnie Back, a 6-year-old
boy, was taken from the county jail
at Hamilton Mont., Thursday night
by a mob and lynched. Shortly be
tore midnight seventy-five masked
men, all armed with rities- or shot
guns, forced their way into the jail
and overpowered jailor Stephens.
Jackson was found crying in the dark
est portion of his cell. He pleaded
piteously for mercy, but was rushed
out into the street where the mob had
alrerdy provided themselves with a
rope. This was quickly thrown over
an electric light pole and the noose
placed ab out Jackson's neck. He was
asked if lie had anything to say, but
only pleaded for mercy. The mob
then ipulled him into the air, after
which they quickly dispersed. Not a
shot was fired.
Brave School Girls.
During a fire that destroyed two
reside'ices in Irving Park Chicago,
three children were rescued from
death by girl students of Jefferson
High school. Raymond Saunders,
ive years old, perished in the flames.
The students were on their way to
school. which is located two blocks
from the scene of the fire. Learning
that there were children in the houses
several girls entered and bore the im
prisoned children through the dense
smoke to the street. in the confusion
the Saunders boy was not found.
1A bride of 70 years and a bride of
1were the extremes in age named in
the applications for marriage licenses
in (hicarn ron recent day.
TILLMAN GOES FREE.
A Jury of His Peers Declares Him
SCENES IN THE COURT ROOM
When the Verdict Was Announced
and Col. Tillman Received
the Congratulations of
The trial at Lexington is over and
James H. Tillman is a free man. A
jury of his peers has pronounced him
"Not guilty" of the charge of murder.
Thus ends one of the greatest and
most important trials that has occur
red in South Carolina, certainly the
most important and far-reaching with
in the last quarter of a century.
It is perhaps due and proper that
the verdict of a jury should be final.
Under American law this ought to
end the matter. Whether or not
that verdict of "I' ot guilty" will be
satisfying it is not for me to say. It
is for me to record, as I have under
taken during the progress of the
entire trial, what actually occurred,
and what was said, and it is left for
others to draw conclusions.
It will not, however, be amiss for
me to suggest that this verdict of
"Not guilty," while entirely expected,
will not satisfy very many in this
State. The evidendce in the case has
all been published, and a reading peo
ple will form its own conclusions as
did that jury in Lexington Court
Already I can hear the suggestion
that the trial was a simple farce, and
that nothing other than what occur
red was to have been expected from a
jury composed as was the Tillman
panel. Already one can hear that
such a verdict was the result of poli
tics, and that the nephew of Senator
Tillman had nothing to fear in a
county that had always shown a larg
er proportionate vote in support of
Senator Tillman than any other coun
ty in the State.
It is not, I judge, violating any
confidence for me to say now that
counsel for the prosecution, soon after
the jury had been drawn, said that
nothing but an acquittal would be the
result of the trial. And then, as the
trial progressed, they hoped for a
mistrial, but never did the counsel for
the prosecution expect a conviction.
[t may then be asked why the trial?
There had to be a trial of the case
at some time; the testimony and story
of the tragedy had to be presented to
the world, and it was thought that it
was at least due the memory of the
dead editor to make the strongest
presentation of the facts in his defence,
not only to the jury, but to the world.
It is not for me to Judge James H.
Tillman, nor is it for any one else to
do so now, as he has been tried and
acquitted according to the laws and
forms of this great State.
HOW THE JURY STOOD.
When the jury retired to its room
Wednesday afternoon, shortly before
2 o'cl .ck. -the first ballot resulted ten
to two in favor of an acquittal. It is
nderstiod tnat thle two jurors who
insisted upon a conviction for man
laughter held out for hours. Wnile,
f course, it is not definitely known
hat occured in the jury .room, it is
aid that the first of the jurors to in
ist upon a verdict of manslaughter,
who joined the wajority, was Mr. J.
Tuis then left Milton Sharpe as the
nly juror woo stood between James
H. Tillman an his acquittal. For
hurs and hours the other jurors
rgued wath 1im so as to secure nis
o.seait to a verdiet. At breakfast
time Mr. Sharpe was alone and insist
ent up..n nis position. At, about halt
past 1o o'cloclehe tinally consented to
a verdict. and the foreman of the jury
caiitd for peu and ink wInn wiiici to,
wrte the verdict, and knocked on the
door to announce to tfle expectant
crowd that a veroict had been agreed
upo--Lwenty hours after the jury had
eti red to frame its verdict.
Early in the morning, when it was
understood that Juror Jumper, who is
a pale-looking young mill operative,
ad acquiesced in the verdict of ac
uittal, the impression grew strong
and fast that it would not be long be
fore "Not guilty" would be written
across the face of the indictment.
A TALK WITH THE JURYMEN.
I have undertaken to find out from
the jurymen themselves what was the
predominating reason for the decision.
Several of the jurors stated that there
was no "predominating reason," but
others explained that the ten jurors
had come to their conclusions for
various reasons, but that the minority,
after being convinced that Mr. Gon
zales made a demonstration when he
met Col. Tillman at the transfer cor
ner, acquiesced in the verdict.
Mark-you, this concurrence in the
view that Mr. G'jnzales did make a
demonstration is given as the reason
for the minority joining the majority
view, although it may have been
simply an excuse for the juror. When
the foreman of the jury knocked on
the door to announce that a ver
dict had been agreed upon every one
knew as far as such a thing could be
possible that it was a verdict of "Not
guilty," because the first report that
came from the jury room was to the
effect that ten jurors favored an ac
Judge Gary promptly directed
Caughman to bring tihe prisoner, Col.
James II. Tiliman, into Court and
runners were sent out for Col. Till
man's counsel. It was not many min
utes belore Col. Tillman appeared in
the Court room and, sitting around
him, were all of his counsel and quite
a number of his relatives and friends.
Solicitor Thurmond was in Court and
he asked that his associates for the
prosecution be called. There was some
delay in finding the lawyers and Mr.
Tnurmond tinally suggested that the
jury might at least be brought out.
THlE JURY COMES INTO COURT.
A fter the jury filed into the Court
room and took seats the situation was
critical and the stress intense. . Every
one seemed to be expecting something,
and every one knew what that some
thing was, but Mr. Thurmond's asso
ciates had not come into the Court
room, anid he was asking that the
I Cnut wait until they arrived.
Judge Gary finally broke the strain
by saying that he saw no use for
furthur delay, as the wait involved an
unnecessary strain. with this, Mr.
Koon, the foreman of the jury, arose
and handed the indictment to Mr.
George, the clerk of the Court.
"One minute," Mr. Clerk, said
Judge Gary; "Sheriff, if any one in
this Court room makes any demon
stration, or if there is any violation of
the rules of Court, you will make a
prompt arrest and bring the party be
fore me, and I will deal with the case.
There must be no demonstration in
CLERK GEORGE READS: "NOT
Then Judge Gary permitted the
clerk of Court to read the verdict of
"Not guilty. The closeness of the
warning of Judge Gary and the read
ing of the verdict no doubt did much
to keep down any hurrahing, but there
was some enthusiastic friend who
could not restrain his joy and gave one
good, hard cheer, but nothing was
done with him. As soon as the verdict
was announced Col. Croft and the
other members of counsel for the de
fence gathered around Col. Tillman
and congratulated him warmly upon
COL. TILLMAN CONGRATULATED.
Quite a number of Col. Tillman's
kinsmen have been devoted and con
stant in their attendance upon the
Court, and they followed counsel in
their congratulations to Col. Tillman
For five or ten minutes the whole
Court was given over to Col. Tillman.
The members of counsel for the de
fence then went to the jury that sat
nearby and extended their personal
thanks for the verdict, and later on
Col. Tillman himself went over to the
jury and shook hands with each
member that had given him his liber
ty. It was while going from one jury
man to the other that Col. Till
man seemed to most show his appreci
ation of his liberty, because his eyes
began to water just a bit. From the
jury Col. Tillman walked over and
shook hands with Judge Gary. -
RELEASED FRoMI CUSTODY.
It took only a few minutes to draw
up the formal order releasing James
H. Tillman from the custody of the
sheriffs of Richland and Lexington
counties, as the result of the acquit
tal. While this formal order was be
ing prepared Mr. George, the clerk of
Court, took the two pistols, those Till
man wore on the day of the tragedy,
out of his drawer to hand them to Col.
Tillman, and as be did so Col. Tillman
waved both of his bands, as if to spurn
the offer, and said; "I never want to
see those things again." There were
many requests from those around for
the right to own of these weapons, I
but the smaller pistols was sent to its
The Luger magazine pistol, from
which the f;'tal shot was fired, was
taken off by a relative o.? Col. Tillman,
who wished to exhibit it in Augusta.
Judge Gary, before signing the order
releasing Col Tillman. asked the State
if there was any objection to his sign
ing such a release, and after he was
told that there was not, the order
was signed and Col. Tillman left the
Court room, surrounded by about fifty
of his friends and relar ives.
There were no iadies in the Court
room at the time the verdict was read.
Mrs. James H. Tillman was in the
parlor of the residence portion of the
jail, awaiting the return of her hus
bana, and as soon as Col. Tillman had
gone into the jail1 to see his wire he
et there with nler to) go and see bis
mother, woo was at the Kaminer
Hotel, but she met him on the street,
between the j Lil and the hotel, arnd,
throwing her arms around her son,
welcomed him back to freedoin. C2ol.
fman then went into the hotel,
w re he had a regular levee of f ri~ends
LEFT FOR EDGEFtELD.
Col. Tillman was invited to dine,
and after that he arranged for his
mother. Mrs. Norris, his mother-in
law, and Ihis wife. his little gziri ano
himself to leave Lexing.ton on the 5
o'lock train and go to Edgefield,
where he propo~ses to resume the prac
tice of law. Hie said Thursday after
noon it was too early for him to talk
about his plans, but the prospects are
that he will remain at Edgefield and
practice law there if he can so arrange
it. He might stop over at Trenton
and see Mrs. B. R. Tillman, who was
severaly wounded in a runaway acci
dent several days ago.
During the progress of the trial for
some reasons the jurors refused to al
low themselves to be photographed.
but Thursday afternoon they careful
ly arranged to have a group picture
taken. Most of them left Lexington
on the afternoon train for their homes
in the various parts of the county.
SO)IE AP~osITE REFLECTIONS.
Is the time ever coming in South
Carolina when there will be a return
to reason, and when politics and pas
sion will not be dominant'?
Perhaps the trial of James H. Till
man and his acquittal will so tend to
draw public attention to the condi
tions in this State, to the juries, to
the laws the sway of passion and poli
tics that the life of N. G. Gonzales
will have been lost to some good for
his native State.
Col. Tillman shot Mr. Gonzales in
Columbia on January 15, 190:3, and heI
has been in jail in Columbia and Lex
ington since that time-ten months
in all, and even that is more punish
ment than some folks thought he
In that time he has become a bit
thin and more reserved and quiet in
manner, but other wise he appears to
be the same J'ames H. Tillman as of
AN EXCEPTIONAL CAsE.
There has never been a cause more
earnestly presented or defended than
that against .James HI. Tillman. It
is a decided exception to find a full
dozen lawyers engaged in one case.
but such was the fact in the trial of
Col. Tillmnan. It has taken fourteen
days of actual work to get a verdict,
and this does not include the days on
which recesses were made necessary
on account of the illness of Juror
Sharpe, or Sundays.
The actual trial has taken nearly
three weeks, and the week before
that commanded the attention of the
attorneys and others who were watch
i ng the devealopme nts of the ae ard
the arguments, or fixing the time for
the actual trial to begin. The un
usual interest in the case is indicated
by the great demand for bulletins
from Lexington concerning the re
sult of the trial. Hundreds of news
papers and individuals asked for bulle
tins stating the mere result of the
case, and both telegraph offices were
an a constant rush all day sending out
messages concerning the acquittal of
SHOWED GREAT INTEREST.
Senator Tillman spent only one day
at the trial, but that was quite suffi
cient to show his interest in the case,
and it may be noted that he has care
fully watched every phase of the mat
ter, and has been constant in his ad
vice and suggestions. Senator Till
man would no doubt have been pres
ent during the entire trial had he not
been out of the State in the early
days of the trial. Recently be has
been in constant attendance on his
wife, who was severely injured in a
ALL HONOR TO JUDGE GARY.
In the closing statements concern
ing the Tillman trial. It is well to
again speak of the satisfaction that
Special Judge Gary gave. He did his
work well and, under trying circum
stances, made prompt and satisfactory
decisions. He has done much for his
The above account of the release of
Col. Tillman was written by Mr.
August Kohn, for the News and
Courier, from which paper we clip it.
A CARD OF THANKS.
Col. Tillman Says He Deeply Regrets
Mr. Gonzales Death.
After his acquittal Col. Tillman
dictated the following card of thanks,
which he asked should be given the
widest possible publicity:
"I feel very grateful as to the re
sult of tie verdict, but at no time did
I apprehend any serious consequences.
"I, of course, deeply regret the
death of Mr. Gonzales, but I was forc
ed to do what I did. I have never
apprehended a conviction, for I felt
that I did no more than any other
man would have done under the same
circudistances, and what I was com
pelled to do.
"My position was fully stated in
the testimony I gave on the stand. I
did ask for a change of venue because
I was convinced, on account of pre
judice in Richland County, I could
not get a fair, and impartial trial in
that county. I felt as soon as my
case could be presented to an 'impar
tial jury I could be vindicated. The
verdict has justified the correctness of
my judgment. Lexington County was
selected by the prosecution. Its peo
ple are law-abiding and have long been
noted for the fairness of their verdicts
and been praised by the press.
("Signed.) James H. Tillman."
TWO LAWYERS ARRESTED.
A Sensation Crops Out of the Tillman 1
The Augusta Chronicle Lexingtodn
correspondent says the Tillman case 1
had a sensational byplay Wednesdayi
evening. It was the serving of war
rants on Attorney E. L. Asbill, of the<
prosecution, and his friend Lawyer1
Sturkie, both of the Lexington county
bar. These warrants charged Asbill]
with carrying a concealed weapon and
trespass and Sturkie was charged with]
merely the latter offense.]
It seems that a rumor gained cir-<
;ulation in Lexington last week that
an attempt had been made to pay1
Melton C. Lorick, a witness for the1
defence, two dollars and a half a day<
to leave Lexington and remain away
until tbe trial was finished. Tne of
fer was said to have been made by At-1
torney As bill through Wallace E. Lor
ick, a brother, who was one of the
first constables in charge of the jury.
The story was told in Lexington by J.
A. H. Geiger, a relative of the Lor
Now to the warrants of today; In
the latter part or last week, Geiger
and W. E. Lorick stated that they
would swear out warrants for Messrs.
Asbill and Sturkie, on the grounds
above stated. It seems that when
Asbill heard of these rumors he se
cured a buggy and in company with
Sturkie drove out to the home of
Geiger, some eight or ten miles from
Lexington. He demanded an atfidavit
from the two men denying the state
ment that had been made in Lexing
Geiger and Lorick alleged that they
refused to give these atfidavits on the
ground that what they had said was
true. Ashill denied this alleged and
that it was a scheme to injure his repu
tation. Geiger says he ordered the two
men off his premises. In his atidavit
for warrant, Geiger alleges that As
bill drew a pistol at this stage of the
uarrel and Sturkie prevented a dis
turbance by getting Asbill to leave.
Sturkie was present ?erely as a friend
of Asbill. Friends of Asbill deny the
transaction. Asbill and Sturkie gave
Hard Times on Grand Cayman.
A ccording to information received
by steamship from Georgetown, Grand
ayman, the conditions on the islands
s a result of the hurricane and flood
are deplorable, and the people are suf
fering from fever. It is also stated
that t~e supply of food is scant. The
breaking out of the fever is attributed
:irectly to decaying fruit and sap trees
wich were felled by the storm and
urmerous cattle that perished. It is
stated that small donations of food are
coming from various sources, but there
is not sufficient to relieve the suifer
ings of the poorer classes. On the is
land are only two physicians, one of
whom is a young man of limitod ex
perience, while the other is rather an
Killed by a Miadmuan.
Miss Josephine Mead, aged eighteen
years, formerly a school teacher at
Angelas, Cal., was shot and killed by
n unknown man, who committed
suicide. Miss Mead left Angelas be
cuse of the un welcome attentions of
his man. For several months he per
persecuted her and insisted that she
amarry him. When she refused he
threatened to kill her, and in fear of
er life she gave up her position and
left Aneas ior the ast.1
THE DEAD LETTER OFFICE.
An Interesting Abstract of the Re
port of its Operations.
An interesting - stract of the an
nual report of the business and opera
tions of the dead letter office for the
fiscal year ending June 30, 1903, is
presented by the Washington Times.
According to this report, there has
been a large and steady increase in
the annual receipts of the dead letter
oDffice. The total receipts for the year
were 10,155,146 pieces-the largest in
the history of the office-exceding
those of the preceding year by 854,
795 pieces. This total included all
classes of matter, domestic and for
eign, and for the treatment and dis
position of which the services of a
clerical and laborers force of 135 em
ployes, male and female, was requir
ed. Of the aggregate number, 302,
521 pieces were delivered unopened te
domestic addresses, which included
letters which should have been return
ed to the card addresses of senders by
postmasters, and those for which cor
rected addresses were supplied by this
office; 955,026 were returned unopened
to foreign countries, as against 818,
594 the previous year, a striking in
crease of 136,432; and the enormous
total of 8,895,205 pieces were opened.
Some of the letters sent to the dean
letter office contained large sums 01
money, the money found in letters
opened last year amounting to $48,
634.04. Commercial' paper found,
such as drafts, checks, money orders,
etc., represented a face value of
$1,493,563. The numberof merchan
dise parcels received was 254,580,
which were restored to the owners as
far as possible, and the remaineer
held to be included in one of the
annual sales. Photographs were found
i n 219,955 letters and parcels. Letters
which contained postage stamps in
varying amounts from 1 cent up
ward numbered 249,955. The domes
tic misdirected letters received num
bered 534,201, an increase of more
than 50,000, and foreign, including
postal cards, 137,190, an increase of
25,000 in round numbers. Of the
domestic 79,085 were delived to cor
rected addresses, an increase of over
13,000, an'3 of the foreign 21,012, an
increase of about 2,500.: Tnere were
131,032 held-ror-postage letters re
:eived and disposed of. Under the
regulations, undeliverable merchan
use matter is to be hereafter held for
-ne year, instead of two as formely,
before being sold, and .this rendered
necessary an addition sale during the
year. The first was held in Decem
er, 1902, and the gross proceeds were
3,535.85. The second occurred in
Ifebruary, 1903, gross proceeds, $5,
?44.15; total of both, 88,780.
A STARTL1IG STWRY.
ow the Standard Oil Company
Knocks Out Competition.
Under date of Dallas, Tex , Sep
;ember 8, the Associate press carried
he information that the Forth Worth
relegram prints "the most startling
tory that has ever come out from the
Beaumont oil fields and states that
he informant is one of the most prom
nent men of Fort Worth who re
ently returned from Beaumont." Ac
~ording to the Forth Worth Telegram,
~his Beaumont citizen declares that
'the Standard Oil company has per
etrated a gigantic steal in the Beau
nont fields and that positively estab
ished details are just coming to
igt." According to the Beaumont
itizen, "the independent oil compa
ies of Beaumont are the victims,
nany of which ihave been wrecked by
he Standard's work. Recently some
>f the leading men of the wrecked or
njured companies determined to in
restigate and in two days' time they
~aised $27,000 with which to push the
In the story printed by the Fort
Worth paper, it isexplained that "'the
aumerous oil wells that apparently
were ruined by salt water were put in
beir bad condition by the Standard
Jil company's conspirators. As fast
ts a company went to the wall its
property was brought in by the trust.
By accident, it is said, the despara4te
work of the Standard company was
liscovered recently. The Standard
Oil company long ago built a pipe line
from Beaumont to the Gulf of Mexico.
A pumping station was erected at
Beaumont and another at the gulf.
ilwas pumped through the pipe line
to the gulf and thence shipped to va
rious parts of the world. Suddenly
many wells of independent companies
tad salt water in them. The ruin of
the owners is part of the history o1
the field. One day not long ago one
of the pumping stations got out of
working order, and oil pumping to the
ulf had to be suspended while re
pairs were being made.
Wells that had been giving Out fully
ne-half salt water began flowmng
uthing but oil, good fuel oil, it is de
:lared. That put the investagation
n foot. The investigators secretly
plugged up the pipe line at the Beau
uorlt end. They drove several miles
nto the colmtry, dug into the ground
>ver the pipe line, made a tapping in
o the line and salt water gushed into
he air nearly 100 feet. It is claimed
hat the pressure was from the gulf
umping station and that salt water
as being pumped to Beaumont into
he wells that the Standard company's
:onspirators desired to wreck; that
;bere was nio pressure from the Beau
nont end of tnie plugging of the pipe.
'be informant of the Telegram de
lares that a force of detectives is at
w'ork to develop who should be arrest
:d in connection with the conspira
Cyrus Dixon, a white man who was
working at a saw mill near Society
Eill under the name of Lormin, has
yeen arrested and carried to North
arolina to be hung. It seems that
e had been tried for murder, con
icted and sentenced to death, but
~scaped, and came south by water
outes, leaving no trace, till about
wo months ago, his affections became
;o great for the widow of the man he
nurdered he went for her--or went to
neet her. She was tracked with the
bove result. After being recaptured
e gave himself nc concern, apparent
y, but bis pleadings for the woman
aob na. ed to go was very earnest.
By the Dozen in the Late Storm
OFF NORTH CAROLINA COAST
News Reaches Norloik of Disasters
Right and Left. Splendid
Work Don ; by the Life
A dispatch from Norfolk says the
first news received from the North
Carolina coasts since the hurricane
that raged there ten days ago dispels
the hope that the terrific shoals off
Jurrituck and. Hatteras have not
:lainied their quota of the craft.
Two vessels are known to have been
lost on that stretch of the coast and
further reports are expected to bring
news of other wrecks as at this time
three schooners are missing together
with one barge. Two schooners, and
t barge in addition to those wrecked
between Cape Henry and Dam Neck
.were lost during Thursday and Friday.
rhe crew of the schooners were saved
jut the barge went down with all
aands on board.
The tug Buccaneer, Captain Joseph
Lane, reports that the barge Oracle
foundered off Cape Henry with Cap
tain Cookson, her cook and three sea
men, all white. The tug sailed from
Baltimore, towing the Oracle which
was coal laden. Off Hod island the
storm struck her on Thursday and the
targe with her crew went down. The
tug coy. not approach the heavy sea,
and wt., forced to come here for safe
Observer A. W. Drlnkwater of the
Currituck station, reached Norfolk
Wednesday by the inland route and
reports the loss of the schooners.Ma
tel Rose and J. W. Halden. The life
savers had seen the Rose about 2 p.
m., Saturday with her crew in the
rigging, but she was then two miles
out at sea an& nothing could . done
for her. At 4 a. m., Sunday e life
savers. ucceeded in shooting a line
:cross t k and within eighteen
minutes after tman had been
,tarted- ashore the
-A seven men were on the
safety. It is estimated that the cargo
:f lumber carried by the schooner
Rose was worth more than $50,000.
Three-masteda schooner J. B. Hol
den, of Suffolk, is ashore near False
Cape, Va., andj is a total loss. Her
captain, W. O. Crammer, of Suffolk,
and her crew were taken off by the
life-savers and are safe. The Holden
was heavily laden with lumber and an
attempt to save at leat a portion of
her cargo will be made. Tne ocean
going tugs accustomed to stand off
Cape Henry awaiting the arrival of
Baltimore bound schooners were un
able to stand the storm outsile and
came'in to Norfolk.
They report that the schooners
Isabell Gill, May Lee Patton, Jennie
Thomas, bound from the south for
Baltimore, are not accounted for. The
wires to the coast are sown but there
is grave reason to fear for the safety
of these vessels. Captain Thomas,
commanding the schooner Hienry S.
Little, which came in Wednesday ein
distress, is reported in the marine dis
trict as saying that he saw three
schooners in a very dangerous predici'
ment, and which seemed to be in
danger of going on shore. -lie man
aged to keep clear of the coast and
made this port. It is regarded as
possible that the Gill, Thomas and
Patton may have made some port and
the fact not yet reported.
In an uarjuakge.
The Norwegian stea-ner Ellida,
Capt. Petersen, which has arrived in
Mobile, was caught in an "earth
quake" at 2.55 A. M., September 20,
fourteen miles off the Cuban shore,
and the shock, was .so severe that It
threw the men from their berths and
knocked all quite violently about,.
Capt Petersen says the Ellida was en
route to Santiago frosi Venzuela with
cattle. The engines were running
full speed and everything was all
right. The water there is from 1,200
to 1,400 fathoms deep. There were
no other vessels in sight. Suddenly,
with no warnings whatever, the
Ellida seemed to have run aground.
She quivered, creaked, her propeller
was out of water, and it seemed as
though the steamer was constantly ris
ing on the crest of a hidden reef.
Then, in the twinkling of an eye,~she
seemed to absolutely drop into the
very chasm of the deep.
One of the most daring bank rob--~
beries in Illinois was committed early'
Wednesday morning at Berwick. Four
men, armed to the teeth, in~ a wagon,
drove into that town and entered the
Farmers' State Bank, where they
forced the combination of the big
safe with dynamight and secured $2,
800 in cash. The explosion awakened
a number of residents of the town,
who appeared on the scene, but al,
the point of guns they were compelled
by the robbers to keep away from the
bank building until they had Loaded
their booty into a buggy. The rob
bers then drove off in an easterly
direction, but were not followed by
the terrified citizens, who were panic
stricken by the boldness of the rob
bery. ______ __
Burned to Death.
An aged lady, Miss Nanny Robert
son, living 10 miles above Laurens,
was burned to death in her house
Wednesday night. When the tire
was discovered the building was a
most destroyed and no rescue could
be made. Sue was seventy-live years
old. The tire is supposed to have
originated from a lamp, a large quan
tity of .batting becoming ignited ac
cidentally while she was engaged in
quilting. Miss Robertson lived alone.
Her nearest neighbor lived about 100
yards from hier house.
A Lucky Negro.
Andrew Beared, a negro, who has
earnened a modest salary in the
machine shops of the Louisville and
Nashville railroad in Burmingham,
Ala., for 20 years, has sold to the
makers of the Janney car coupler a
patent car coupler, which he invented
1.0 years ago and has perfected since
until found acceptable to eminent rail
road authorities. Beard is to get.
$100,000 and royalties for 17 years on
all conunlers made on hismdel