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0005 ESTABLSHEDTWICE A W K,$.50A YEA TUDD I XT AlI.D ... lUd lil1til V JAMES H."TILLMAN. THE STATE HAS PRACTICALLY CLOSED ITS CASE. 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. A BATTLE OF 'URm GIANTS. 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. A STR'ONG CIIAIN. 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? THE, DHFENSE. 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. IN THEm HANDS OF THlE JURY. 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. it , i tI I lie C111"t6i111(jus (*%Iltests whticlh it have been caliied It 11pon each to 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. e- VICTORY FOR THE DEV ENSH. " 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. at TI'111LMAN'S wipiR AND) MOTIIER. 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. of 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 find at THE NEWBERRY CASH STOI 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 WE ARE THE BARGAIN GETTER 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. 'Embrie counter. ifI you ca1 get~II in i he 1 Ior forI t ( cr wd the CAPES, -JA 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(. FRIENDS REMEMBER 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 0T FuCHS 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 S AND ~BARGAIN 1I -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< iear .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 Blank(ets, 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 ECK ETS, think of|j J600 pair -Cihltren's, Ilow. |25c. 6(day sale. WE BUY FOR CASH i limited capital to back i u Up-to-the-Hour Dress C his cradle that will beat c [Lower Price ] tHYCAS )WELL. Mana BUY IT H ~O SELL V ITH. 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. VERS OF NEWBERRY. >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 Before. 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. Comforts. ydl. 14>4 lt ug's lo oc ach, roidery! 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. HSTORE ger.