Historical Newspapers of South Carolina

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TI-MAN CASE AIRED IN COURT Many Charges and Counter Charges, with Affidavits, Including One from Senator Tilman. News and Courier. Columbia, Jan. 31.-Such a story of marital unhappinbss, of separa tions, of striving nor the possession of offspring never came before a South Carolina 'Court, and perhaps rarely before any other Court, as was told in the Supreme Court to day, when Mrs. B. R. Tillman, Jr., appeared under a petition to secure custody of her two little daughtes. There was nothing left untold, the whole marital life of Mr. and Mrs. B. R. Tillman, Jr., was given in nu merous affidavits from -the first day of their marriage to the happenings .leading to; the present proceeding in the Court. It was indeed a recital such as one reads of in books and only once in a while sees enacted in real life. Countless charges and counter charges were aired and set out in minute details in the various affidav js submitted in behalf of young Ms, Tillman and those supporting the enotion of her husband. Sen Ator P. 'lMan appeared in poQur and sat phfguut the pro -9pings, Hp ...4 sqbmiutd p -Affidinvi, Whihas4 4 fin Pim of work, setting out s4 d that 10rose between bi esii and the wie ahd giving his reasons for taking the astody of his two grandehildren~un. der the terms of the deed from his son. The point at issue between Mr. and Mrs. B. R. Tillman, Jr., is the custody of their two children, Dous chka Pickens Tillman and Sarah Stark Tiilman. The mother and father having separated and all ef forts at a reconciliation being of no avail, the question arose as to who should have possession of the two aittle daughters. An agreement was reached at one time that the two children should be alternately with each parent, but later the deed was executed by which they were turned over to Senator and Mrs. B. R. Till man, the parents of B. R. Tillman, Jr. To those in the Court room to-day the affdavits read were bearers of a sad and pitiful message. The once happy young couple were pictured in their new home, .then step by step the estrangement, the hatred of the two old families that not even love could conquer, the efforts on the part of slIlinterested to make the path of married life easier, the outbreak of all the hiatred that beforehand had been smothered-,and finally the separation. 'young Tillman's Life. Ndot even 'his 'own father and moth er claimed for young Tillman that hbis life had been an exemplary one since his marriage. Admitting that the b(.y 'had been a drunkard at va rious times within:the past few years but deelkrin3g that before his mar riageihe!had leda soberlife, Sena tor Tillin, in his remarkable aff --davit, laid bare .the whole history of "B.R.'s'.'life. 'He told ofthe oca sions when his son was almo6t bereft. of reason, beoause of drink, of how 'he had on one occasion atteeked ithe character 'of his beautiful young wife and was sorry the day after, of the -many .times. that unavailing efforts ihad been made to 'bring the congle together. Senator Tilm'an' s affda vij ertainly bore the earmarks of frankness, 'and in its beauty of lan guage and -evident show of sincerity toward .those who had entered into 'his life, was a doeument that mayh.ap knows no parallel in South Carolina. The husband likewise did not deny that he had been addicted to the use of drink. His affdavit leaned often kindly .toward his wife and showed that even in the home, which is now' no more, there had been deep affec tion. 'He, however, denied that he had ever been 'cruel t~o his wife, ex: eept perhaps on that on occasion, \when he, under the influence of drink, attacked her character; that for this remorse had c'ome to him. Now he takes no longer strong 'drink and feels that he has returned unto him self. Mrs. Tillman Moved. In the 'Court room, surrounded by 'her friends, the young wife sat through the proceedings to-day. A strikingly handsome woman 'her pale face showed that it was not to 'her liking to come into a Court of Equity and seek relief. She evinced great interest in the opening part of the hearing, but as her heartstrings were eouched by the recital of events in the marital life of herself and her husband, she lowered her head, and it was apparently with great effort that she restrained a public show of feeling. Her evident desire to be with her children was expressed when'. after a consultation with her at the close of the heaing, her coun sel requested the Court to allow the mother the custody of the two chil dren, pending he settlement of the case. The Court stated that it would decide the matter and made no rul 'ing at the time on this point. Children in Adjacent Room. Ignorant of what was going on be yond the door that screened them from those within the Supreme Court ro>m, the two little girls around whom centers so much of contest, played in the clerk's room, where was also Mrs. B. R. Tillman this morning. In order to amuse the el der a pencil and a piece of papex were given her. At once she sat down and said: "Now, I am going to write a note to mamma.' The younger said, "Yes, I waint to see my mamma," but. the mother did not see the children, for they were not brought into the Court room. She ex pressed a desire to b. with them to her friends. Many Women in Court. A mother seeking her two babes! The sisterhood of women brought many of those whose lives are given for others to the Court room this morning. Even before the ease was eaHled there were ladies in the lotbby of the State House, and after the egn had been entered into and $he Court room was crowded almost to its caps-eity pei isgri ve eg q&d. it was ndecessa7 4y ie 06iii to sus= pnd for a few minutes owing to the confusion of providing seats for the ladies. Some were not able to se cure a place in the Court room, and stood on chairs without and looked in through the large glass doors of the Supreme Court room. On the out side one lady .was seated in one of the outer windows of the room. Much interest was maifested by the la dies present, and not one of them left during the course of the proceed ings, all remaining during the foir hours of.the hearing. Many prominent men were pres ent at the hearing, including mem bers of the legislature, prominent lawyers and men in every profession. Of the Tillman, family. there were present Senator Tillman, B. R. -\Till man, J.r., Henry Tillman a4d others c6nnected with the family. Mrs. B. R. Tillman, Jr., was accompanied to the Court room by several of her The Affidavits.. This most remarkable case was be gun by the reading o&f a number of affdavits and the complaint of the petitioner. This complaint, which has already been published sets ou1 :the allegations as to the taking away of the .children from the wife, the alleged eruelties oni the part oi the husband, the deeding of the children to Senator and Mrs. B. RA Tilmn, and the agreement pre vionaly reached and the subsequent separation. The 'affidavits are numerous in this part of the proceeding,' touching the question of. Mrs. T&llman's abil' ity to hand4e the children properly and most all of..The affdav.its. as to the persoxial character oef Mrs. Till man. Three striking .affidavits were from Mrs. Tillman's . knily physi ciaii, her minster and:from a lady who was in elose conrtalet with Mrs. Tillman .and lived. at the 'home with her. The other affdavits mainly corroborated. these three, and& the were upward of 200 names signed to the re'commendation of good charac ter .of .the~ petitioner. Mess-s. D)epass & Depass, of this city, and Mr. McGowan pimpkins, of Edgefield appeared for the petition er, and Ex-Solicitor 'J. William Thur monjd, of Edgefield, for the respond ent. The reading of the affida.vits and counter affidavits occupied three hours of the Coumt's time, and the arguments took up <gne hour. The return of Senator and Mrs. Tillman consisted, leaving out the formalities of the law, of an affida vit from Senator Tillman and one fi-rm B. R. Tillman, Jr., and Mrs. S. S. Tillman corroborated Senator Till man's affidavit. Arguments Brief. In addition to Senator Tillman's and his son 's affidarits there were other affidavits as to the fitness of Mr. and Mrs. Tillman, Sr., to care for the two children. On the law side of the case the Iarguments were ,brief and .to the point. The contention of the peti. tioner was that the statute as tc deeding of children should not apply in preasenti but in futuro, and was meant by the General Assembly tc apply after death of the husband. The history of the conveying of children by deed and otherwise tc guardians was reviewed by Attorney MPs. Tfhe contention aect out by Mr. Simkins, constituting new mat ~er in the case, was that the previous contract refe,rred to was that in re wifeshoud bebining nd soul not be set aside by the deed. The contract refered to was that in re gard to each (the father and the mother) should alternately have one of the children for a certain period at a time. Attorney Thurmond was very forceful in citing authorities in, sup port of his ;contention as upheld by the Court's as to the father's prior right and the right under this State's statute to .the deeding of children. After arguments, the Court stated that an'Tdjournment would be taken until ten o'clock tomorrow morning. In reply there were more alfdavits submitted by Mrs. Tillman's attor neys, but along the same line as those formerly introduced. No Decision Yet. Columbia, Jan. 31.-No decision was handed down by the Supreme Court in the Tillman case tonight. It was thougnt tat the Court nugnt reae- a conclusion in the mater tiis evening. There is considerable in. terest ioeaRy in the .ight being made by Mrs. 'Tiaman to seoue p of her two children. From Edgefield tMe report is th4 many aadit ed to come to Columbia to-day and appear in Court. Most of ithose who liave expressed an opinion hope Mrs. B. R. Tillman, Jr., will get back her children. The general opinion as to the law in the matter is -that Senator a4 Mrxs. Tiliman, will retain posses TTLLMAN CASE NOT DECIDED. Childrw Will Be Left in Senator's -0are 1ending a Decision. Columbia, February L't-The Su preme Court has not yet decided the lillman suit for tie possession ofi the children of B. IL TiJiman, Jr. The Court to-day made a verbal . state ment that i would render its formal decision later on, but pending a de cision the children should rem" with Senator Tillman. The Court stated that the status quo should be maintained, that the veral state ment of the Court that the childxen remain with be:nator Tilman meant nothing, except' that the present sta tus siould ,be mai'ntained. In' the meanwhile the Court will prepare its decision... Already two bills .havje been intro 'duced in .the General Assembly look ing to the repeal or amendment of the statute by which B. 14. Tillmau, or., deeded the two children to h4s parents,. and denied tihem to his wife. lhe ease is exciting much interest, and the Supreme Count is evi'dently disposed 'to go slow and consider the case fully. GROWS HAIR ON BALD HEADS A Remedy That' Costs Nothing if It Fails to Do as (7laimed. Resorcin is one of the latest an~d most effeetive germski)leas Aiscov ered b.y seiene'e, and in ceonnetion with Beta Naplthol, a:lso a powerful antiseptic, a combiuation is formed whic~h .destroys the germs which rob the 'hair of its nutriment, and thus creates a cleant and healt~hy condi tion of the scalp, which prevents the development of new germs. Pilocarpine is a 'well known ageuit for restoring the hair to its natural color, where thbe loss, of 'color has been due to a disease. Yet it is not a coloriug matter or dye. 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