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ESTABLISH ED 15. C1,19 FRI DA, OCrOB0R 2 91WICAWFK$1.50AYEAR GUILTY OR NOT GUILTY. LL 1f I_ The Trial of James H. Tillman Charged With the Murder of N. G. Gonzales. The lvidence Submitted to the Jury. [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. TUES*DAY'S SESSION. 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, an - -- 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 killed." THE JURY RETIRED. 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 killad." 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. THE BROTHER OF THE DEAD EDITOR. 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 Arth.. 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 AI-' Ul' JAMJhN H. TILLMAN. 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 $EPTE SAC On the first of 04 dloors with the largesi and WINTER CLOTE 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 $eptembei 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 COME -AND- S wnd when you see the Goods and note MEN'S FINE CLOTHING. .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 IT-I F I NMI MBER ,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 E~E - FOR - YOU the Marvellously Low Pr ices, y SHOES. ~F U ) 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 to A DISCOUNT OF TWENTF 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 CO's. L to open our Tnent of FALL hie celebrated >es and Men's lanche of new it during the Clean Sweep absurdly low $ale. the GREATEST Every consider o accomplish the )Ilars to you. :hing. ats. - gs. - each for his Pocket Book. ewspaper ad. any more RSE LVIIES ou will be glad you came. RNISHINOS, 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