The Lancaster ledger. (Lancaster, S.C.) 1852-1905, October 10, 1903, Image 1
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IPflHY. J
LAWYERS GET HOT. '
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Bellenger and Nelson Have a ]
Lively Tilt.
s
Alleged Attempt to Appeal to .
Tillmunism. Examination of
Tillmau's Witnesses Begun.
, 1
WEDNESDAY 8 l>KOCKEI>lKOS.
1
Lexington, 8. C., Oct. 7.? t
Juror Sharpe, who had been
sick reported for duty to-day, ?
and the trial proceeded. The *
state announced that it rested, f
and Mr. Nelson for the defense
asked the Judge to instruct the (
jury not to regard the testimony t
of Zimmerman, Smith, King ^
and Dr. Lancaster, who had seen (
Tillman with a pistol. He held j
that when they saw him armed.
it wad previous to the homicide ,
and had no connection with it. j
Judge Gary had the jury to (
retire and rendered hit decision (
that their evidence was competent.
Ho said that it had been ,
{testified to that Tillman had ,
said in Edgefield that he was ,
[going to settle it with Gonzales, (
or words to that effect, and he j
decided that evidence that Till- j
man carried a pistol was in the g
line with ahowing that he had (
carried out his intention.
The judge aaid that he had ?
sent our the jury while he made ,
his decision for fear it might j
have influence upon them. L
The defense offered m evidence (
an editorial in The State newspi^tpr
of June 22, 1901f headed (
'A Sporting Statesman Needed,' .
wtlifth in 1-? ' J
1.1903, J
LL the J
Public J
me and
s. j
PLEASED. J
our pat- J
4**. lr I
The letter replied that he bed 1
made hie statement and had
nothing to add to it. i
This exchange between coun*
el naturally created intense
.
H
*u ? uuiuuiuuH sua sar*
castic way referred lo Tillmane*
losing $1,000 on one chicken ,
fight. (
Other editorials were read of {
The State's own composition and ]
extracts from several Northern ]
papers referring to Tillman. The ]
reproduction of two editorials <
from the New York Evening
Sun was offered in evidence. (
One specifically referred to the |
defendant and the other did not,
but to Beu Tillman. j
Mr. Bellinger objected to the \
reading of that editorial. "We ]
all understand," he said, "that
is attempted in order to make |
this a political trial rather than ,
a criminal one." He went on ]
to say that Senator Tillman was |
not mentioned in the editorial 4
with Jim, and the one in which j
the senator was criticized was 4
published on a different -
asked whether his side would be \
allowed to reproduce editorials
of The State praisiog Geo. D. (
Tillman, father of the defendant.
]
Mr. Nelson replied that his <
side would answer when such i
editorials were offered. He then i
asked the stenographer to read i
Mr. Bellinger's remark, after 1
which he said that be hoped
Mr. Bellinger did not measure i
his words, but, whether he did i
or not, he said any statement i
that be was trying to make this :
a political trial was false.
Mr. Bellinger replied
that Mr. Nelson was probably
acting as he believed his duty
dictated, but he reiterated what
he had just said, and closed by
saying he would repeat it on the
outside if Mr. Nelson wished it.
luppressed excitement, but Mr'j
Crawford arose and, when be'
began to speak, the teneiou was P
tomewhat relieved. He declared
di
ihe power and influence of the
icnator ought not to be brought
nto the case. The senator is not ^
inder trial. He argued thai only &|
tuch writings as directly refer- Qj
ed to the defendant ought to be
ead, and were the only corapeent
evidence. (j|
Colonel Johnstone tntered in- rc
:o an argument to show that as
The State had mentioned both
editorials both should be read. g(
Mr- Bellinger objecting to Z|
_ ^ ; %#_ v ?
tULUW lUlDgB MT. J0QD810Q6 Hid
ind the usual wrangle resulting, m
fudge Gary cut the whole thing fQ
ihort by admitting both editorals,
saying that they were read ^
n order to show the feeling be- (Q
iween the deceased and the de- ft)
fendant. He instructed the jury m
(hat they were to judge as to m
,hat and nothing else. ^
One of the Sun's editorials k(
ibout which the row occurred ^
idvocated turning Senator Till- w
[nan out of the senate in refer- fr
snce to the McLaurin fight, and a(
>he other criticised Jim Tillman w
in connection with the Jenkins C(
tword, calling him a "bully" ft(
ind "a disgrace to the state." ^
Several more editorials from g
The State were read, in which it j
trae said that Jim Tillman's
I tflfO WA#A t * D l^Ul? - J 4 ?
t?*^v 7 vrc it! ivit'll pOUUiy ^
was because of "sandhillers, mill q]
operatives, and gamblers.7' ^
The point in this is that sev- q
sral of the jury are mill opera- q
tives. q
T. D. Mitchell, of Columbia, Q|
laid he had a speaking acquain- ^
tance with Gonzales. He said Q|
lome time in September, during A
the last campaign, he was going Z?
some, walking on Gervais street. -a
He met Gonzales. He said to
tatter: "Don't you think it time je
to let up on old Jim ?"
Objection was made to further o|
conversation, but it was admit*d
t?
He said Gonzales said : "He
m
s a cur and I m going to fight ^
lim every time he offers for pub- ^
ic office."
There was more legal argunent,
but the testimony contin- j.
led. Gonzales said further that ^
le had proven Tillman a cur, ^
ind he could slap his face withm
>ut it being resented. Witness
Tttrfn r*nlw and
__w - ~t"J "uu UVUIiMVS ^
id : "If he ever bets his eye at
me I'll fill him so full of lead "
that he will never tote it off." J
He later told Tillman of the ^
:on variation. ,
On cross examination he said
be had known Gonzales for sevO]
sral years by sight. He was
never introduced to him. He ^
never had any other converse- ^
tion with Mr. Gonzales in his
... ci
life.
Another lively little incident
occurred when the witness said 0
that he had extended sympathy *
to A. E. Gonzales after the shoot- "
ing and told him Tillman was a
coward. He had heard that Till- "
man had shot Gonzales in the 1
back. Mr. Bellinger got him to *
admit several things aa to hit 1
friendship to Tillman, showing
his friendship up in an unfaror*
able light. Mr. Bellinger closed *
by eayiDg: "And that's the sort J
of friend you were to Tillman?"
" Whatdo you mean by that?"
asked the witness. 1
"I mean what I say," was the v.
rani?
,WKV' i
"I don't understand."
"I don't have to explaio," relied
Mr. Bellinger.
"I can't tell what you mean/'
aclared the witness with some
arm th.
Mr. Croft interrupted and said
le witness was eutitled to have
x explanation, but as a matter
! fact nothing more was done.
The next witness, A. J. Flow's,
a former electric car cnn.
actor, said N. G. Gonzales often
tde on bis car. Gonzales was
i a car in the summer of 1002,
Bar Wayerly, with three other
mtlemen, and he heard Gonlies
say if he did not succeed in
reyenting the election of Till*
an be would nerer be seated
ir he would kill him.
On cross examination he eaid
9 did not pay much attention
i the threat. He oeyer said
lything about it until two
lonths ago when be wrote Till*
lan about it. He denied telling
ir. Wallace, of the car line, that
b knew,nothing of the case, but
id tell him he was not an eye
itnese. He said he did not talk
eely to them, because he was
lyised not to do it. The letter
hich witness wrote Tillman
mtained the alleged threat, but
ided that Gonzales ended the
treat by applying an epithet.
!e said he had been a member
f Tillman's regiment.
P. W. Hughes was the next
ituess. He was deputy sheriff
[ Edgefield when Jones killed
le Pressleys. He met N. G.
onzales then. He eaw Mr*
onzales again on Main street*
olumbia, in 1902. A man
amed Stroud was with witness,
s they met Gonzales, the latter
sked Stroud about the mill vote,
fter that, witness spoke to Gon
ilea and asked him wasn't he doig
Tillman a great injustice.
Gonzales said: "No, the blackg
gambler will get greater inistice
after the election, and it
aght to be lead."
On cross-examination, he said
3 never.mentioned this until three
onth ago. He admitted that he
id been prosecuted in the United
tates court for selling liquor,
he court remarked that this tea
mony was not relevant, and he
dn't think the records should be
lrdened. The witness insisted
tat he knew Gonzales and wasn't
istaken in the man.
After a brief recess, court reimed
and Mr. Nelson, arising,
Ad that he had been informed
V bis frjends on the other side
tat had misunderstood their reirence
to politics and he wished
> apologize for what he said.
Angus Blalock, a clerk and
rocery man of Columbia, was
ne of the Hughes crowd which
ad met Gonzales. He corrobor*
ted Hughe's testimony and, on
ross-examination, he said he
ever mentioned this fact to any
ne except Colonel Croft and that
raa only about ten days ago. He
ras asked to make an affidavit in
tie change of venue case but be
lade no mention of the conversaion.
Neither did he mention it
then approached to make an af~
davit in the bail case. He only
old of it ten days ago.
V. B. Cheshire, of Andereon,
ras the next witness. He is a
irinter. Objection was made to
lis testimony before be got to it.
[be jury was sent out in order
bat the judge might decide
whether his evidence should be
(Continued on 4th }>age.]