The Lexington dispatch. [volume] (Lexington, South Carolina) 1870-1917, September 23, 1903, Page 4, Image 4
Ihe Lexington Dispatch
LEXINGTON, 8. C..
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G. M. HARMAN, Editor and Publisher.
gHK*a /
Wednesday, September 23,1903.
When the little "Mee toob" gei |
through squawking, we may have
something to say in reply to their utterances
in regard to our position on
the free pass incident. Beally so far
we have seen nothing worthy to reply
to. In the meantime the Dispatch
has survived the senseless hub
> bub and will continue to do business
at the same old atand at $1 per annum
in advance; advertising rates
) furnished on request.
The opening of the September
term of court witnessed an unusually
large crowd of people in attendance,
some of whom were strangers
called here no doubt through curiosity
as well as business connected with
the trial of Chi. James H. Tillman,
bat it was obvious that at least overthree-fourths
of the crowd were native
Lexiogtonians bent upon their
own private affairs. Today the app?arances
of oar streets show no noticeable
decrease in the number of
people in town, notwithstanding it is
generally known that the Tillman
case would not be called for trial on- ,
til next Monday.
Promptly at the usual hour
court convened and the business
moved off like a well regulated piece
of machinery without friction orjar.
This wps no doubt the result of
the efficient work of the court officials
in having the business of the oourt
well in hand. Clerk of Court Samuel
B. George has been very industrious
in preparing the dockets and attending
to the other duties pertaining
to his office. Mr. George has
J 1 Mmn?An?
uuaue n vc?r j cmv^icuv auu uuuipvouv
pablic officer and baa conducted his
office on Bound business principles
and transacts the business with
promptness and accuracy that is both
pleasing and eatisfatory to bench
and bar. Sheriff Caugbman, too, is
deserving of his meed of praise for
the prompt manner with which he
has performed his duties so as not to
retard the work of the court in waiting
upon derelict jurors and witnesses.
And Solicitor Thurmond,
too, has been working like a beaver
to clear the way for the Tillman trial.
The amount of work he has succeeded
in crowding in two days certainly
breaks the record in court work and
the cases disposed of, as recorded in
cur court proceedings published elsewhere,
is sufficient commendation of
his labors and we can only add "well
done, thou good and faithful servant"
and all Lexington joins in
the refrain.
Ii is indeed fortunate for the State
and for the defendants that Hon.
Frank B. Wary has been assigned to
preside over the procceedinge of our
court. He certainlv makes an ideal
%"
judge. Learned in the law, fair and
impartial in his rulings he "holds
the scales of justice with an even
hand," and without intending to be
fulsome we believe that his elevation
to the bench would be an honor to
the State and an adornment to the
legal profession. "So mote it be."
Senator B. K. Tillman, Mr. Tillman
Bjncb, ex-Judge 0. W. Buchanan
and Mrs. J. H. Tillman of the de*
\
fendant's relatives were in the town.
Ex Congressman W. Jasper Talbert
of Edgefield county, arrived in the
afternoon and was in the court room.
The Tillman Trial.
Special to the Columbia State.
Lexington, Sept. 21 ?The trial of
James H. TillmaD, charge with the
murder of N. G. Gonzales, wa9 today
informally fixed by acting Judge
Frank B. Gary to begin next Monday
morning. Solicitor Thurmond for
the State suggested that Thursday
be fixed for the trial and made a
brief but clear and strong argument
in favor of that day, but the judge,
influenced, as he said, by a special
presentment of the grand jury and a
petition from the fiscal officers of
Lexington county, complied with the
earnest plea of the attorneys for the
defense, delivered in five arguments,
and named the first day of the
second week of the sessions.
The prisoner was brought into the
court room at 5:30 o'clock this afternoon.
It became known at an early
hour today that the arraignment
would be had in the afternoon, but
as the day wore on and the court
continued to occupy itself with other
cases, it seemed to the spectators that
the programme had been changed.
However, argument in the trial of
a riot case was finally suspended and
the Solicitor announced that he
would enter upon the arraignment of
" " ^ 1 _' ? ^ ? ill* AW A
derenaanis cnargeu wuu muiuci. A
few minuteB later Sheriff Caughman
entered with his prisoner and immediately
behind him came his lawyers.
Senator 13. B. TillmaD, who
had been in the court room for a
short time in the afternooD, left jast
before the prisoner was brought and
came back with his party. Senator
Tillman Bhook hands with his nephew
when they faced each other within
the bar, as though they had not met
since the Senator's arrival in Lexington.
Mr. Croft, the leading counsel for
the prisoner, arose and asked that
the following be entered on the record
as counsel for the defense: P.
H. Nelson, Johnstone & Welch, Geo.
R. Rembert, Efird & Dreher, G. T.
Graham. W. H. Sharpe and himself.
A few moments later he requested
that the name of CMe L. Blease be
added. It will be observed that exJudge
Buchanan's name was not
announced as counsel. He was,
uowever, present.
The omission of tbenameof Judge
Buchanan from the list of attorneys
for the defense was an oversight
and yesterday inorning his name was
enrolled as such.
Solicitor Thurmond announced the
following for the prosecution: G.
Duncan Bellinger, Andrew Crawford,
William Elliott, Jr., E. L. Asbill, T.
C. Sturkie and himself.
Mr.-Croft arose and said that it
would be agreeable to the defense to
wsive the formalities of the arraignment,
the three days which the
prisoner may claim between arraignment
and trial to date from today.
To this the Solicitor assented. The
formal arraignment will take place at
the beginning of the trial.
THE SOLICITOR'S ARGUMENT.
At this point Solicitor Thurmond
moved that the trial be fixed to begin
next Thursday morning. "This," he
said, "would be for the welfare of all
concerned, owing to the fact that a
great number of witnesses had been
subpoened on each eide. It would i
be < well to dispose of the case as
soon as practicable." He read a
letter from Attorney John J. Earle, i
of Columbia, stating that the latter <
would represent the prisoners Weston
and Dqyle, indicted for murder <
in Lexington, that he was ill with <
chills and fever and while able to be I
up in his room could not attend 1
court this week. Mr. Earle, there- I
fore, asked that' the Weston and i
Doyle cases be postponed until next i
week. A certificate from Dr. Knowl- <
toD, of Columbia, accompanied the 1
letter, stating that Mr. Earle could 1
not attend to bis professional busi- 1
neBs for a fsw days. The Solicitor i
then stated that in bis opinion all 1
the other criminal business could be 1
disposed of by Friday, that the post- 1
ponement of the Doyle and Weston
cases would be inevitable in all like- 1
lihood, that other cases would neces- earily
have to be tried after the
conclusion of the Tillman trial at all i
events and consequently no harm .
could result from taking up the Till- 1
man tria. on the day named. As to 1
the costs of the county, nothing i
would be added as all witnesses could <
be discharged pending the Tillman
trial.
Mr. Efird of counsel for the de
fense, a Lexington lawyer, stated
that the Tillman case was not ua
child of Lexington but an adopted
child." The courts and people of
Lexington would do their best to
perform their duties with regard to
it, but Lexington litigants and Lexington
taxpayers were not called to
look after the interests of the adopt~
rvcc.fcroTlPO tn tbpir
CU UUUU 1U ^/iWAVA VUW wv
own interests?Lexington ccunty's.
Floods in the month of Jane had
prevented the attendance of the presiding
judge and no court had then
been held. Consequently, the business
of the criminal court had largely
accumulated. When th6 Jones
murder case of Edgefield county had
been transferred there had been no
request to commence its trial until
after local business had been disposed
of and he was informed that the
same course bad been pursued when
a case had been transferred from
Richland to Kershaw. The court
should not be ''switched off ' to this
case at the expense of the people's
pocketbooks. All day an uader current
of excitement had been visible
in the court room. It was due to
the Tillman case. The effect of its
trial would be to end the criminal
business of the court because at its
close the court "would be worn to a
fraz." The Solicitor, he believed,
miscalculated when he said that the
local business could be concluded by
next Friday. He then alluded to
the special presentment of the grand
juryy who, he said, had carefully
considered the necessity of taking
up the county's cases firet.
THE GRAND JUSTS WISH
The special presentment of the
grand jury, to which Mr. Efird referred,
received by the court during
the morning hour, was to the effect
that the number of Lexington cases
with the witnesses attending upon
them was large, that to take up the
Tillman caBe, not a Lexington case,
would necessitate the attendance of
these witnesses for ten days or two
weeks at the county's expense and
that therefore the reason was urgent
that they be first tried. This was
fortified by a petition to Judge Gary
of the same purport signed by the
county's fiscal officers.
LEXINGTON LAWYERS
Mr. Sharpe of counsel for the defense
followed with an argument on
the same line, declaring that he was
speaking not in the interest of the
Tillman case but in the interest of
the county. He was associated, he
said, with Mr. Earle in the Doyle
case and at the proper time would
move for a continuance in that case.
He was interested professionally in
nearly every criminal case before the
court and he knew the mind of the
people?they wanted those cases
disposed of.
Mr. George T. Graham, also of the
prisoner's Lexington counsel, argued
in a similar vein, declaring that little
business had been done at the .February
term while no court had been
held in June.
Solicitor Thurmond replied briefly.
He would be the last to impose a
burden on Lexington county but to
take up the Tillman case Thursday
would impose no burden, for the
witnesses in county cases would be
excused for the time and could
draw no per diem and mileage. It
would be a simple matter to discharge
them, for exafmple, until Mod
day, one week. The grand jury and
the fiscal officers were evidently
under a misapprehension of the facts,
though he did not doubt the genuineness
of their solicitude for the countj's
interests. Mr. Earle's letter indicatBd,
not that he wished his cases con
tinued, but merely postponed UDtil
he could attend court next week. As
bo the undercurrent of excitement
mentioned by counsel, if it existed
that fact was an argument for the
trial of the case causing it and so
relieve the tension.
"How many days do you expect
the Tilimau trial to consume, Mr.
Solicitor?" inquired Mr. P. H Nelson.
"Eight or nine," Mr. Thurmond
replied.
"Speaking for counsel for the defense
not members of the Lexington
bar," Mr. Nelson continued, "we have
othing to do with the differences of
opinion between the Solicitor and
SUFFERED 25 YEARS
With Catarrh of the Stomach?
Pe-ru-na Cured,
^ 0 $ % + * ?> o o ? 0 i^o $ 0 ^ ? O |
J |
| Congressman Botkin,of Winfield, Kan. ?'
In a recent letter to Dr. Ilartman,
Congressman Botkin says:
"My Dear Doctor?It gives me pleasTire
to certify to the excellent curative
qualities of your medicines?Peruna and
Manalin. I have been afflicted more of
less for a quarter of a century with catarrh
of the stomach and constipation.
A residence in Washington has increased
these troubles. A few bottles of youf
medicine have given me almost complete
relief, and I am sure that a continuation
of them will effect a permanent
cure."?J. D. Botkin.
Mr. L. F. Verdery, a prominent real
estato agent, of Augusta, Ga.. writes:
" / have been a great sufferer from
catarrhal dyspepsia. I tried many phy
sicians, visited a good many springs,
but I believe Peruna has done more
for me than all of the above pui
together. I feel like a new person.
L. F. Verdery.
The most common form of summei
catarrh is catarrh of the stomach. This
is generally known as dyspepsia. Peruna
cures these cases like manic.
If you do not derive prompt and satisfactory
results from the use of Pcruna,
write at once to Dr. Hartman, giving a
full statement of your ease, and he wil.
be pleased to give you his valuable advise
gratis.
Address Dr. Hartmrn, President of
The HartmanS anitarium, Columbus, 0.
tbe Lexington luwjers. We are
not here to make dilatory motions
acd we are quite a3 anxious to go to
trial, if not more 60 in this case, than
the prosecution. The main question
is that next Monday morning anoth- j
er panel of 36 jurors will be here
drawing pay, at the county's expenee,
with nothing to do, if the Tillman
trial begins this week. In addition
to this, the jury in the Tillman case
might perhaps be confined by his
honor during Sunday, and this also f
would add to the county's expense."
"We do not wish to be placed in
the attitude," Mr. George Johnstone J
said, "of interfering in this controversy
between tbe Solicitor and the
bar, the grand jury and fiscal officers
of Lexington county." Mr. Nelson,
he added, had omitted to point out
that were the Tillman case commenced
this week 12 jurors who had
served from today would be compelled
to serve throughout the greater
part of next week, and they were
- l _ i. ?i :_
reasonably entmea 10 expect iueu
discharge from duty at the tnd of
the week. He commented on the I
busy season of the year, declaring
that two weeks' absence from private
business was too much to ask of the
same jurors and that a new jury
would be in service next week. ?If
commence next week he hoped and
believed that the case could bo concluded
by Friday, at least with the
end of the week. Again suggesting
that the non-resideDt lawyers had
nothing to say in a matter between
the Solicitor and Lexington lawyers,
he described the former as, speaking
for the Tillman case, in a sense
"persona non grata" to the Lexington
court, bo long as Lexington's
interest were at stake.
judge Gary's decision.
Promptly deciding the question,
the acting judge said substantially:
"There is nothing in the position
that outside lawyers or an outside
C888 are 'persona non grata' here.
They are properly and legally here
and have the same rights as other
litigants. When a case is reached
for trial it should be tried, in its
proper place. However, I cannot
ignore those considerations brought
to my attention solemnly iu a special
fKua rrron^ inrv and
^loocuimcuu Ui LUVJ giw.uu J J
in the request of the county's fiscal
officers, and I feel it my duty to
carry out their suggestions. Besides,
I cannot see that harm can be involved
in this course."
Mr. Efird arose and said that next
Monday would suit the local bar for
the trial to begin.
MONDAY AGREED UPON.
Mr. Croft for the defense stated
that Monday would be satisfactory
and to tbis the Solicitor assented.
No formal order fixing the day for
trial, however, was passed, and the
court adjourned merely with the
understanding that the trial would
be undertaken on the day named.
Cook Stoves! Cook Stoves!
AT REDUCED PRICES. J
To reduce our stock we will sell Cook Stoves at a big discount. We mean business. Call
and see our variety and prices on all goods, at 1
STANLEY'S CHINA HALL. .
NEXT DOOR CAROLINA NATIONAL BANK,
COLUMBIA, S. C.
September 2:1?3m.
"J11 ^ "
Oct. 20,21,22.
If you want to see a Premium List and
have not one, write to the Secretary.
MAKE YOUR ENTRIES IN TIME.
If you don't want to come to Lexington write
the Secretary for Entry Blanks, or drop him
a note by mail saying what you have to ex- *
hibit and your tags will be ready for you at ^
opening of the Fair. * A
EVERYBODY SEKD SOMETHING!
Everybody Come and Meet Their
Friends!
Lets Have a Day or Two of Fan and a rousing
Fair.
C. 2v?. SPIED, Secretary, ^
Lexington, S. C.
f youngs' ] ^
We are preparing for a big fall and winter trade. We are ?i|
^ daily receiving new goods and are now prepared to
show a line of pp
| DRY GOODS AND NOTIONS | *
4& eqaal to any?none excepted. <^>
rjeti 2gg
lai
gg| Oar line of DRY GOODS embraces everytmng carnea m
that line and we strive always to keep the quality up to k*
|jjp the highest standard. ^
m We intend always to carry the very latest styles in the &
I - DRESS ROODS I
to , m
line and all the latest style fabrics in vogue for the coming egg
^ season will be found in our immense stock. In WR \ Jflj
| Notions and Novelties, 'm s
^ we are headquarters. One look over our line is more con- ^
^ vincing than lengthy arguments.
| MEN'S FURNISHING GOODS. |
|fj| You can find anything and everything needed in this line at
yp pupnlar prices. Qvality unexcelled.
M YOUR INSPECTION INVITED AND 30UCITED. |J|
Iff 1603 Main Street, Lever's Old Stand, ^
| COLUMBIA, - S. G. |
/ -.27'71."^
1 OUR FALL AND WINTER i
! SHOES I
* f
*
# is now ready for our Lexington Friends to inspect. We know that we have *
^ jast the kind thev waut. We were very csreful in haviDg thi?* season's poods %
IJ made. They have SOLID INNER and OUTER SOLES and GENUINE %
5 LEATHER COUNTERS. They can't help from giving good wear. -5ii
%r
TM-?T/^T-in T-4T7I A O r\~\T A T>T T7< "J
* }
E. P. & F. A. DAVIS, ) '
| 1710 MAIN STEEET, |
I COLUMBIA, - - - S. C. I
* ^
W