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The Newberry herald and news. (Newberry, S.C.) 1884-1903, October 02, 1903, Image 1

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The Trial of James H. Tillman Charged
With the Murder of N. G. Gonzales.
The lvidence Submitted to the
[Special Herald and News.]
Lexington, S. C., September3O.-The
trial of James II. Tillman, former lieu
tenant governor of South Carolina, for
the murder of N. G. Gonzales, editor of
The State, is well under way. The at
torneys in the case represent the best
legal talent of South Carolina and of
the South, and they are makiug the
fight of their lives. Every inch of
ground, every point, however small, is
being stubbornly conteste:1, and the
case will prove the gi eatest legal battle
in the criminal annals of South Carolina.
Frank B. Gary is the special judge
appointed by Chief Justice Y. J. Pope,
at the request of the Lexington Bar.
le has no easy task. Every minute of
the day he is called upon to make a
decision upon a stubbornly contested
point. le is proving equal to the heavy
task imposed upon him, however, and it
seems to your correspondent that he is
presiding with the utmost fairness, and
with ability.
The counsel for the prosecution pres
ent are: Solicitor Thurmond, G. Duncan
Bellinger, Andrew Crawford, William
Elliott, Jr., E. L. Asbill, and L. T.
Sturkie. The counsel for the defendant
are: G. W. Croft, P. 11. Nelson, 0. W.
Buchanan, George Johnstone, Efird &
Dreher, W. H1. Sharpe, G. T. Graham,
G. R. Rembert, and Cole. L. Blease.
The case was called on Monday morn
ing. A jury was empanelled with little
difficulty, the following jurors compos
ing the panel: Geo. H1. Koon, foreman,
Jacob E. Saylor, Irvin Risinger, George
F. Leitzsey, Martin L. Lybrand, Mil
ton Sharpe, Jonas Corley, Marshall
Shealy, J. E. Jumper, Willie L. [licks,
James E. Price, Homer Woods.
It wai a matter of comment on Mon
day morning that the court house,
which has a seating capacity of only
about four hundred, was scarce filled,
nor has the crowd materially increased
with the progress of the trial. Almost
half of those present are attorneys and
newspaper men and witnesses from out
f town.
When the jury was selected the pris
ter was brought in, the indictment
-las read, and in a firm voice Mr. Till
man pleaded "not guilty." Col. Till
1pan looks worn by his long confine
nient and he is pale, but all stories sent
out that lie is emaciated and haggard
and thin are entirely false. Save that
e is paler and possibly a little thinner,
evitable results of his long confine
ent, he looks about as healthy and
arty as usual. le listens intently to
e witnesses and to the arguments of
.-ounsel and shows little or no emotion.
s he walks across the street between
th.,jail and the court house lie almost
invariably cooly pul s a cigar.
Very little testimony was taken on
the first (lay. Policeman Pat Boland,
of Columbia, testified as to the arrest,
Aheriff Coleman and Clerk of Court
Walker identified the pistols and sev-al
aembers of the staff of the State 5.. ,vs
\per identified the clothes worn by Mr.
*nzales at the time lie was shot.
'n motion of defendant's counsel the
a' were forbidden to read the State
L paper, the point being madle that
in the past several days the State
'printed two editorials on the case.
SA mass of testimony was taken on
~..esday. The same counsel for both
j-s were p)resent andl there was about
' same size crowd in the court house.
Mrs. James HI. Tillman sat wvith B.
Lillman, Jr., son of Senator Tillman,
.iEmediately behind her husband, who
at in the midlst of his attorneys. With
S's. Tillman were several ladies, among
,hem Mrs. M. A. Evans, of Newberry.
Trhe first witness was George M.
\ohn, of the State newspaper, who
te ,tified, that he secured from a h)oy the
unlet introdluced as the one with which
r. Gonzales was shot. He said he
- ned the bullet over to the sheriff the
me afternoon.
Dr. LeGrand Guerry, one of the phy
icians in charge of Mr. Gonzales dur'
ghis illness resulting in his death,
d( who performed the operation in the
e,testified as to the natur'e of the
4 '.-Q. Mr. Gonzales, Dr. Guerry
m blood poison brought on
o6eJnjtd by a gun-shot
- t in fter the op
Uon the se ". *e a dlying
week.Th' 3
on the 9th and &f, kce& on
Mr. Hayneswort19 '.er:4
lawyers of the Gre jC'(nc
are sure will maT t1,
- -- 1' '- -c1 .." sas AAAAAv V %VI
tinuously administered to Mr. Gonzales
and that such a quantity as was admin
istered must nceessarily have clouded
his mind. Dr. Pope said morphine
brightens some patients and makes
others dull, but the quantity adminis
tered usually in such cases as Mr. Gon
sales' does not tend to brighten. The
defense also attempted to prove that
Mr. Gonzales had hope for recovery,
having acquiesced in the desire of the
physicians to perform an operation
which they would not have performed
unless there was some hope, and that
the hope which he had for recovery in
validated his dying declaration. Dr.
Pope, as did the preceding physicians,
testified that the wound was mortal
and that death was imminent during
the whole sickness. He said when he
walked into the State office a few min
utes after Mr. Gonzales had been shot
and carried there that he knelt down
beside Mr. Gonzales and expressed the
hope that he was not seriously injured.
Mr. Gonzales whispered to him, '"I am
On motion of Mr. Nelson the jury
was excluded from the room in order
to let Dr. Pope make statements as to
Mr. Gonzales' dying declaration which
might not be competent to go before
the jury and which could be passed upon
during the jury's absence. The jury
was excluded and Dr. Pope testified
that Mr. Gonzales, lying on the floor of
the State oflice immediately after the
shooting, whispered to him, "I am
The defense objected to giving the
statement to the jury because they held
it was not a dying declaration, Gonzales
meaning at the time that he was only
in a very dangerous condi.on (a case
parallel to that of the consumptive
who makes the remark, "I am a dead
man.'") Even if the circumstances were
such that Gonzales at the time thought
he was making a dying declaration, the
defense held, the declaration Was inad
missible because before his death hope
entered his mind. The point was hotly
contested in lengthy arguments. Judge
Gary fmnally admitted the statement to
the jury.
Mr. A. E. Gonzales, the brother of
the dead editor, president of the State
Company and publisher of the State
newspaper, the mainstay of the prose
cution, was placed upon the stand. In
stinctively every eye was turned upon
Mr. Gonzales and an oppressive silence
pervaded the room. Mr. Gonzales tes
tified as to the files of the State con
taining the editorials of his dead broth
er from January 1, 1902, to December
31, 1902, and they were placed in evi
dence by the prosecution. Theeditorials
will be read in court.
Cross-examined by Mr. Nelson as to
the relations which existed between his
dead brother and Mr. Tillman, Mr. Gon
zales said that the first unpleasantness
occurred some time aboit 1890 when
Mr. Tillman was living in Winnsboro.
"During the campaign of 1890 my
brother was reporting for the News and
Courier as their Columbia correspon
dent. My recollection is that an anony
mous attack upon him appeared in the
Winnsboro News and Herald. Hie
wrote to the editor of that newspaper
demanding the name of his anonymous
assailant. The editor replied, if I am
not mistaken, that he had conferred
with the anonymous author and he dIe
clined to allow his name to be used"
interruption. Mr. Gonzales was ex
amined very closely as to a number of
incidents. He was askedl if his brother
and Mr. Tillman came near having a
difliculty in the city of Washington, if
there was not some unp)leasantness be
tween the two arising out of Mr. Till
man's app)lication for membership ini
the South Carolina Club. To all the
(questions there were a number of ob
jections and counter-objections. Mr.
Gonzales referred the attorneys to the
files of th State, saying his brother
wvas a man of few wordls andl always
wrote what he thought and that he was
in entire control of the editorial policy
of the paper. lie was asked a number
of times if his dleadl brother ever p)ri
vately denounced Tillman as a drunk
ardl, debauchee, liar, coward, black
guardl. "It is possible," said Mr. Gon
zales, "he may have used some of these
expressions. I can not say I ever heard
him use all of them."
W. 13 Gause, a mnembler of the legisla
ture fromt Florence, testificed that on
Tuesday before the Trhursdlay of the
shooting took place Mr. Gonzales, stanid
ing in front of the skc yscraper in Columi
hin, hatd remark ed in his pres.enice that.hie
had stuck those editorials of the State ini
his pocket and told his wife whien lie left
home that lhe might stop) at the p)eniten..
tiary before he left (Columbuiia.
II G. Arthur, a residenit of I.;dgefiehd,
testified that he he ird ('ol Tilunni, in
conversat ion with anot her gentlen i, in
lEdgefield, in October, ucy2, say, "if there
was ainy wa I could just get at Gonzales.''
R. M. Blroadiwater corroborated II. 0
8. T1. D. Lasncaster, a rep)resenitative
from Spartanburg, swore iuqual ified ly to
seeing a pistol on Col. Tillman's person
Cont.inued on 2nd1 page
Was Tile Killing of Gonzales Murder, or
Was it Not--Jury Empanelled in Lex
Inglon to Decide the Issue
Newn and Courier.
Lixington, . C., via Columbia,
Soptember 28 -James Hf. Tillman
has 1)0011 held to jUdgmen . In the
name of the law ho must answer to
the people. Eight months ago he
met his neighbor, the neighbor of
every citizen of South Carolina who
is inspired by patriotic purpose, who
loves clean, right living; who rejoices
in fieroe, fair fighting, who has a
big, tender, courageous heart; he met
his neighbor in the way and slew
hin). That much all men know. The
Court, the prosecution, the defence
all acknowledge this one gaunt fact.
E4ven t he lict 1ons of t he law take cog
nizanc of it without demanding
proof. It is tru-, the dlead tOll no
tales, eitr no witness, nake no pro
test, weep no tears, coi,demini no man.
But N. G. Gonzitles was killed by
James H. Tillnian. Is not the grave
thore in Columbia? The mon and
women who know and esteomed and
loved its occupant will build over it
a motunmient in testimony of the fact{
that the life he lived was wort,h the
living, that the work he did was
worth the doiig, 1hiat the dea'h ho
died, be it murder or be it a mero
tragt,dy, was the occasion for pro
fonnd public sorrow.
Siice t hen I he spring and its
flowers have withered before the
lit-rens o. (f timmmr, and the gar
noring tit its at iaid. A n appro
primik Sao'n for gathri,ig in the
frilits of thm ded dolle in the body,
no lfss thaln th114 increase of fif.ld aiid
forest. So Jnams H-. Tillman joins
the multitude of husbandnen and
comaes to the harvest of his doing.
Clothed in judgment, his fellow citi
zoli are to declare whether he has
clean hands anId a bloodguiltdess
heart ; whether he shall return un
spotted to the bosom of society, or
whether ho shall go to the goal or
the gallows. That he has slain his
bh other is known of all men, but it
inimt be dotermined by eode, preced
ent, praetic, quibble, argument, vi
dence, sympathey, prejudice-ail the
inflneneos that ontor into a public
trial--whether lie is a criminal or
whether h4 is ierely the victim of an
untoward fortune that ordained a
sorrow-minhlg (eed. Marvellous
inldoml ar the fictions of the law,
that rebtless nemess to which
society has giVeiq di(, jjion over itself.
['il inig t hemusetves upon Pelion O.ssa
wise, t hey have overramn the statutte
boks anmd lpossessed the mind1s of
mieni. landed, doubtless, m abs. 1
tract (equfity, th)ey' brook no question
of thes uniiversality of their applica- ~
tioni. Toi the patriarch of 01(d it is
writ ten, "Were wvords miore potent
than I he mandates of Kings?"' Today,
too, they emibotdy the most sacred I
revelastions of the hav High priests
of Iihn wo 'lsack salaami before them.
No, "'It is writ(eni,'' "'That every man
is inn oct-n .at oil1 proven guilt3'.'' Be
his tranisgressionm never so notorious, I
a miatter of cOtommo report, he is S
ira~matciulate in the eyes of justice r
until his iniqulity has been reduced f
to parchiimnt, b,ouindt with redl tape C
anid in-at 13' pigeon holed. A wholly (
repignanit thing to the law is the
dotiiin oif total depravity. In the
creed(s of thie Courts the wYorld1 is
peop!ed with Ii sraelites, in whom
theis no guilIt. Nowv in the dlays
of thla fat bers if a man met his
brother ini the way or the wilderness
and slew him, the-guilt of blood was]
upon him. It was the duty of the
aveng4er to ('xecute upon him I lhe rigor
of hiis o0111ts. Blood( repaid blood with
swift imovitabltqjess. But the times
have e lomnged anJld theit humani i s"mise1
of just mo.. ''r rther, the~ humian~ prae
iCe of j-It! m'., ha eban1,iIigs d . it h
t im. The'I av'. of l,dis b-og
a very ditfferenit perosuomiag. from hijs
ancient Egy p,t ian1 preceCssor. To
the latter the deed itself was warrant
for action. ITo him murder was a
crim" till it was proven) to be merely
(Concluded on fournege.)m (
Ki Ell
On the first of 04
dloors with the largesi
house of Schloss Bros
Furnishings ever brot
In order to make i
up-to-date goods, we
month of September,
of our entire presen
prices that we shall cc
Beyond any reasonabl
EVENT of its kind ever con
ation of cost, profit and sac
Durpose in view. It means
Eiormous Quantil
Case After Case of
Lot oil Lot of Up--t<
Will go at Prices that will make every M
We can't tell you mnch about The'
han we could crowd a $50,000 stock
wnd when you see the Goods and note
.Your choice of 300 Suits of I OC
-ine Wool Cheviots and Cas
imers, the creat - of the most me
ecent styles that have sold at Stanc
romn $9.00 to $10.00; your $22
hoice duri.ng this sale at until
7.35- fice p
A coupon worth ONE DOLLAR to
oupon will be accepted in place of a d
roods in October. This is equivalent
ucement to give us your Cash Trade<
tn. immense :saving to you, and when 3
hing down to, the saving is made all U.
Don't Miss This SalI
WGiP-OSTIVELY the prices quote4
ember. No goods during this sale wil
LpprovaIs Every purchase, to get the
,tober we expec
and finest assorti
IING--made by tl
. & Co.-Hats, Sh(
ight to Newberry.
-oom for this ava
have decided th(
we shall make a
t stock at such
ill it our
$ acrif ice
e doubt this will be
ducted in Newberry.
rifice is swept aside t
the saving of Many D.
6ies of Fine Clol
2M. Stylish H
o :date Furnislhin
sney-saving Purchaser Inistinictively 11
Nlonderful Price Cut.tirg in a ni
in our display windows- but
the Marvellously Low Pr ices, y
) cases of Men's, Wo
and Childrens' Shoes,. 7
lard makes $1.25 and Shiri
>kinds, all styles go
Oct. 1 st at the sacri- ad
rice of 75c and $1 .50. Sept
every CASH BUYER of $l0.(
ollar bill from any cash puirch1
iuring the months of Septemnb<
Tou see the extremely low pricu
le more convincing.
Tell Your NeigV
I at this sale will not continue
I be exchanged or charged or e
advantage of the low pries, w
L to open our
Tnent of FALL
hie celebrated
>es and Men's
lanche of new
it during the
Clean Sweep
absurdly low
Every consider
o accomplish the
)Ilars to you.
ats. -
gs. -
each for his Pocket Book.
ewspaper ad. any more
ou will be glad you came.
doz. Men's Negligee
:s with attached cuffs
collars; take away in
ember for 40c each.
)O worth of goods. This
tser of $10.00 worth of
Y PERCENT, as an in
mrand October. It means
~s we have marked every
bors About It
a.fter the last day in Sep
ent out of the store on
ill have to he aird for in

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