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The Newberry herald and news. (Newberry, S.C.) 1884-1903, October 06, 1903, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn93067777/1903-10-06/ed-1/seq-1/

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lUd lil1til V
One Witness for the Defense - A Review of
The Proceedings of the First Week
of the Trial at Lexington.
(Special to Herald and News.)
Lexington, S. C., October 5.
Half of the story is a tale that is
told. In the case of James H. Till
man, charged with the murder of
Narciso Gener Gonzales, the State
practically closed at I1.32 on Satur
day morning. The defense was al
lowed to begin its case with the
understanding that the State could
put up two additional witnesses on
Tuesday if it so desired. The de
fense laced on the stand Miss Roper,
a native of this State but now a
trained nurse of New York city,
who gave her testimony, at the con
clusion of which the court took a
recess until tomorrow (Tuesday)
morning, today being salesday.
It was with a great deal of pleas
tire that those in attendance upon
the trial heard the order on Satur
day morning adjourning court un
til Tuesday morning at ro o'clock.
The trial is one of countless phases
and endless detail, and to those in
attendance it becomes very tedious.
The State consumed five days and
a half in making out its case. How
much time the defense will con
sume is a matter of wild conjecture.
It has been stated to your corres
pondent on good authority that the
defense will consume only two days.
It has been stated on equally good
authority that the defense can not
possibl,y get in all its testimony in
less than a week. When the de
fense has concluded the arguments
on both sides wi" ' take up a good
many hours. It is said that at
least five speeches will be made for
the defense.
The little court house here, with
a seating capacity of only about
four hundred, is the scene of prob
ably the greatest legal battle ever
waged in South Carolina. Counsel
on both sides have proved them
selves worthy of the arena in which
they have been p1laced--an arena
upon which the attention of the
whole country is centered. There
is not a detail, however small,
which does not coinmand their
closest attention and their most
earnest thought. The verbal sword
plays are sharp and quLick, and the
fire, as it were, may alnost be seen
to flash, when brain meets brain,
as steel clashing against steel.
Hardly a minute passes in -which
objection and counter-objection are
not raisedl and ab)le and eloquent
argumients produced by each side
to sustain its point. In the fier-e
heat of this forensic bat tie Special
Judge Gary is remarkably calm and
collected and his dlecisions on stren
uously contested points are as fair
as they are promp)t. Judige Gary
is making an enviable record.
Every link has beeni supplied in
the chain of evidence produced by
the State and every link has beeni
strongly welded. Bloth sides admit
that James H. Tillman killed N. G.
Gonzales. The defense says that
the then lieutenant governor of
South Carolina. a few mninutes after
-.oadjournment of a session of the
vrwhich he p)residedl,
The cri.. -t.upon Main street in Co
.on the secif'-.'vo pistols in his
week. The it'gg the brilliant
on the 9th and e k'ewspaper, shot
Mr. Hayneswortd
lawyers of the Gre~ ,,hbun almost
are sure will ma G tthe capitol.
udge, dt, bring for
----- ;hc dleed, of
the Best Form r
a .d evidence
year Lieu
ni, standing
or in Edge
~onzales con
an him lie was
d was going
wYuLu give [a InaC (log. t nat ar
that time Tilhnan had made thre:
against Gonzales' life and tipon c
occasion attemupted to send a tlr
to Mr: Gonzales by Mr. E. J. W
son, of the State, who declinled
take it. That on a number of
casions subseqient to this lie ua
threats against Mr. Goizales' li
- The State has produced evideu
to show t,at for somne time hef(
the shooting took place Mr. Ti
man carried a pistol, for the avow
purpose of killing Mr. Gonzales.
The State has produced eviden
to show that Mr. Tilbman wait
until Mr. Gonzales was about oi
line with him, said '"good inor
ing,' and then said somethii
about a message, and fired.
The State\has produced eviden
to show that at the time, Mr. Go
zales made no demonstration-wbr
ever, seeking to pass unmolestit
and unmolested;that he and MrTi
man were both on the outside of tI
pavement, and that Mr. Gonzal
cut diagonally across to the insit
to avoid meeting Mr. Tillman; th
Mr. Gonzales was not armed.
The State has read the editorir
in the files of the State newspap
to show that Mr. Gonzales had i
personal feelings against Mr. Ti
man, and that he attacked Mr. Ti
man only as a public officer and
a candidate for thE highest office
the gift of the people of South Car
lina, and that this attack was mai
in the interest of the welfare of t]
State which Mr. Gonzales loved.
By all of which the State has t
tempted to show that the shootih
was premeditated and with mali
aforethought; that Mr. Gonzal
was given no chance for his lil
that, therefore, it was cold blood<
murder. Is there a link lacking?
Both sides were anxious to intr
duce in evidence the editorii
written by Mr. Gonzales during ti
year 1902 attacking Mr. Tilhia
No doubt the defense will argi
that under this brilliant, but noi
the less vehement attack Mr. Ti
man had passed the point of mort
endurance. That no one with
spark of manhood-in him could Y
main passive when denounced
the public prints as a "liar, gam
ler, coward, deba.chee, blac
guard." And yet the last elitori
so far produ ' which appeared
the State in reference to Mr. Ti
man was pubt1lished about the miI
dle of September, and Mr. Tiln
killed Mr. Goinzales more thani foi
months later.
By its first 'witness, Miss Ropt
the diefenise has attempted to pro
that Mr. Gonzales was hitter in I
feelings towvards Mr. Tilhnani, dl
nouncing him ini private as wvell
in his newspaper; his attack, thiei
lore, b)eing of a personal nature,
well as an attack in the interest
the public weal.
T1hme State has produced a stroi
chain of evidence. The able coti
fel for the defe-nse will seek to bre:
through this chain, to nnravel t
net which the State ha~s wov
around James HI. Tilhnan. TI
defense has not yet been hear
What it will bring forward can ii
b)e dlefimnitely foretold. Until tI
evidence is brot:ght forward
lover of justice wvill forum ani opinio
The jury in the case have listen
intently and( earnestly to the es
(denCe. Even to the reading oft
editorials of tihe State new~spapt
which consumed ten hotirs a1
miore, thley gave the very clost
atteintion. No onme canm tell wh
effect the evidence is producim
uiponl them. TIhey are kept und1(
gtuardl the whlole time, (lay au
night, and have 1no comntnunicati<
whatever with the outside wvorl
JUntil they render their verdi~
nothiung save the evidence will e
gross their attenltion. The du
entrtusted to them is as solemn
was ever entrusted to any jury
the land. The life and liberty
Jatmes HI. Trillman are ini the han
of twelve 'of his peers. T1he honm
of South Carolina has beeni c
er truiste(t to the keeping of twelve of
its her citizens.
, i tI I lie C111"t6i111(jus (*%Iltests whticlh
it have been caliied It 11pon each
Poillt as it was ra both sides
-have gainei an imio; at victory.
de Ihe prosdetion scuted tle ad
re |11
miii of Nfr. Gonzales' dying
tate.,:ents, mad. to Nlr. Ja. A.
I lloyt at ile Staic oflice aId to the
physicians at the hospital. The
ud statenent, appeare<a in the evidence
of the witlivusse, printed in the last
ce isste of The Herald and Ne s.
"dThe defense ought hiard to have
a these stattmnts i l ol. It
clained that when tihe dviig state
mten It wa, uInade by Mir. Gonzales to
Mr. 1I oy il the State office, iiine
Le diatelv ater the ;hooting whei Mr.
Gonzales had beenlcarrid there in1or
- tally wounded, that Mr. Gonzales
,g had beell told by one of the physi
eions, )r. L. A. Griffith, that lie
le was better, and Mr. Gonzales
U smiled, showing that he entertained
le a hope for recovery. TI"hat after
at this, hope revived in his mind, lie
having consented to an operation
iS whichl he would not have consented
Er to and which the physicians would
10 not have perforned had there been
1- no hope whatever. 'The defense
1- also inl its cross-examination at
A S tempLted to prove that Mr. Gonzales
ill when lie made his dying statemeits
0- had been givei morphine in suffi
le cient quantities to cloud his mind.
le And in this way the defense argued:
That if Mr. Gonzales had hope at
.t- the limtle Ie made his dying declar
1g ation, that declaraition was not ad
X in'ssible. That if death did Iot
eS occir innmediately, even if lie had
e; to hope, the declaration was not
!d adiissible. That if hope wvas re
vived slibsequently, even if Mr.
Gonzales tuought at the time there
was 11o hope, then the declaration
was not admissible. The State
is o->k the ground at the time the
le declaration was ihade Mr. Gonzales
jhad no hope, and this fact alone
ewas stillicient to admit the declara
e tion. The declaration was ad
iitted under the ruling of the court
al on dying declarations, which ruling
a was printed in full in the last issue.
" At i1.'2 on Saturday morning
the State annouiced that it -had io
k- Inore witnesses ready, but that it
al would probably have two on Tiues
in day-Capt. Black, in the hospital
i in Augusta, and a man who was
l- sick in an adljoiing county. The
" State asked that it be given time to
rsecure these two w itniesses
The (defetnse objected, counsel
r, saying they had a witness whom
ve they dlesiired should testify that
ia morning, Miss Roper, from New
e- Y'ork. That if sihe dlid not get back
is to New York by Monday (today)
e- sihe wvould lose her piositioni in oiie
as of the hospitals in New York, her
of leave of absence being limited.
T1hie State objected to having its
evidence broken into.
Judige Gary ruled that if the
State had ino miore evideince it tiulst
tgrest , and1( if thle State had no moire
kevidenice that morning the dlefense
Iicond 1(b1egini it s evidence, puttt ig up
Miss Rer llowever; that the
State would be allowved to p)ut til
twot witntesses on Tu'iesday if it is so
desi red.
~s LiTTri, i.PNTiER psT IN LPX iNGTrON.
10 Th'ere have beent fewv Lexingtonm
- counity peopleC in attendoanee upon01
2dthe trial. A t n1o time has the small
Iepurt house been nitcomnfortably
bie .crowdled and at times thle crowd has
r' dlwindilJed to a mere hand ful. A ttor
neys and newspaperC nien have been
i-tnn the iliajority.
er D)urhi. alnost every hour of the
id trial the wife and the mother of the
m (defenidanit have sat ini t lhe court room.
dI. At t imres lhe y are accompijaniiedI by
et several ladies, at all tities by Mrs.
ni- M. A. Evains, of Newherry, who
ty is v'ery conistantL ini her comipaniion
as shtip wvit h themi.
dis Col. TJilhunan sits with his law
or ,yers. H le listens ititetty to every
u. Concluded on 4t.h page.
and MGE-ta draws the crc
and hundreds of eager buyers have
Values housed ther!e for you. Never
999 and Shoes piled and stacked betwee
mothers have told us; so, Husbands filli
fetch up at the Cheap Store where Lowe
We Don't Claim To
Our Prices do our talking in the hoi
Join the happy crowd and visit our store
Spot Cash Undersellers of Dry Goods an
puffed into the two depots for the last 3(
up-to-date creamy value1s at prices unnc
ness everv day, and if sarne goods for le
Your dollars wil d) double duty he
shrunken purse and a sm-ile of satisfacti
Tuesday IMorni
getting money saving man, \
surrounding Counties to visi
dollar will do double duty he
a feast of bargains spread
creamy values from far and
Pticed Cheap<
About 9() pieces iine I>res ( ll the Iu- t weave" in i)
novelty desigls, prices < tI I vd, place l n center e
daiy pice~ .flSe yd. IA.ver nit) h14 -:ind daugterC shioul tryx
thisi big l)ress (somd le.
2 bolts l lk' i'af. I the neer c it kinl, soid t he St ate o4ve
yd(., 6 day price No N 'w is our ein4ce to buy a linew
cheaeri)C than theL ot her nierchanttu pay lor it.
56 piecee aillthle craz,e 'ieZlitne lI in solid colors~ and~ brokeni
1(o) Spreads 4j9c. 1(on Splread(s jr. 'n Spe,d 9Sc.
I caIse lshinkets uist plIled1 th li i4l-comt1'e and( see themi.
10(0 Good Lahrge I leaivy ( onftort EN ('ach.
counter. ifI you ca1 get~II in i he 1 Ior forI t ( cr wd the
i(X)( dllarts wor)t hI just lIn:dedll-.1 I he ne west st yles. I )on't
blyintgeClsew.~here2 v y I' .>urmoney ~ ( by 1) bu ing here(.
a long time to get a rnan that will sell yo
er than we. The fellow is still rocking ir
Hunt the Signi where
R. M. CAL1
wds to Newberry's Ch(-,
lined our counters daily p
before has there been suc
n brick and mortar in the
3E, the Cheapest store i
ng their wives' memorand
r Prices greet them all.
Be The
Biggest, Only
nes of satisfied customers
. You are always welcon
d Shoes, The Newberry C
J days brought us now goc
tmed before in Newberry.
3s money is what. you are
-e. Our prices make the I
>n greets us with every pri
Bright and
our doors at
voman and child it
L our store for the
re. Never before I
before you to s<
.r than Evet
aple and fects wor .e d., Ian
ounter 6 1(W00)( yds. goodetly . in
and( visit our prie~ se ii, bolts
r. at $1.50, 10 bales Ch1ecked I ItImespuj1i
ilk D ress Goods-. je,. 1)' ai
price t oday. \\ak
plaidI ef-j J(o)o Mn'cs ando lI y's ( 4aps
21) pieces goodl R ed I-'itn
I2) p)ieCces lied Tiickn .(1) 1
>n ne| yd.
price roc 1o0o yds. line P1laidIN for Ch
think of|j J600 pair -Cihltren's, Ilow.
|25c. 6(day sale.
limited capital to back i
u Up-to-the-Hour Dress C
his cradle that will beat c
[Lower Price ]
)WELL. Mana
pest Store. Hundred
ithnring the creamy
h.i line of Dry Goods
old town as you will 9?9??
ni the State, Close buying
uns and orders too, always
The Cheapest!
within fifty miles around.
ie six days a week at the
aish Store. Every train that
)ds, not shelf warmers, but
We are after your busi
:railing look for our signs.
>trse strings stretch on your
ce we name.
,arly we open wide
ad invite every value
i all Newberry and
next 6 days. Your
ias there been such
-lect from. All the
J'as t I,,vhis +Sceyd.
114he 4' ( kiii Sc. i (44 bolts thle 12 %c k ind
4 we w 1n' Ihe roo to)( meaI( II~ sure I )reCSs
4' yd4 Youi canl't jewV th lin.ills 14) I le above
44e )ly, own yo rshare, wh'Iile t-hey last.
ydl. 14>4 lt ug's lo oc ach,
ildienii'. I)res.ses to) close the lot i age yd(.
hbest Ilos on4 ) eaIrth for t lie price, 3 pair
ind sell for cash. Got un
is, and you will have to wait
;oods .and Dry Goods cheap
ur prices.
Reign Supreme.

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