Historical Newspapers of South Carolina

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VOL. XVIII. MANNING, S. C., WEDNESDAY. OC TILLIMAN ON TRIAL. The Arra'r ment of the Man Who Killed Editor Gonzales. THE JURY QUICKLY SECURED. The Prisoner. When Placed in the Box, Pleads "Not Guilty" to the Charge of Murder in a Firm Voice. James H. Tillman. some time liestenant governor of South Carolina ar.d charged with the murder of N. 6. Gonzales, editor of The State, on the 15th of January last. a few days before the expiration of his term of oice, was Monday placed on trial for his life, at Lexington, S. C. The assemblage in the court room, which far from crowding, scarcely realized for a moment that the trial would actually begin, so freundt have been the predictions of further delay. Two sessions courts have intervened in Richland since the homicide, the defense obtaining continuances at both and a change of venue at the1 last. Again the spectators were agee able disappointed when a jury was secured by 1.15 p. m. from the origi nal panel. It would have been secur ed in half an hour save for the con test over Murray Parnell. When the court convened at 10 a. m. the counsel for the prisoner were pres ent as follows: G. IN. Croft. P. 11. Nel son. 0. W. Buchanan, George John stone, Efird & Dreher. W. H. Sharpe G. T. Graham. G. R. Rembert and C. L. Blease. For the State, besides Solieitor Thurmond, were G. D. Bel linger. Andrew Crawford, Wm. Eliott. Jr . A.."shill and L. T. Stiirkie. The prisoner's mother, Mrs. D. D. ' a~a. u lie anu several laay friends, were in the court room most of the day. Senator Tillman was pres ent. THE FIRST MOVE. Attorney Graham. as soon as the judge entered, rose with a copy of The State in hand and said. "I think it my duty to call to the court's atten tion an article entitled 'Jugglery With the Courts.' 'I object," inter polated the solicitor. We are here for the trial of this case and such matter is not proper nor relevant to it." Judge Gary said: "My impression is that Mr. Graham desires to make a statement in behalf of the Lexington bar, and as such I think it proper to hear him." Mr Asbill of the State's counsel ad dress the court and said; "I consider myself a member of the Lexington bar and I have heard nothing of a state ment on the part of the bar." Judge Gary-It would not be proper to hear the statement unless it comes from-the whole bar. I so rule. Mr. Sharpe remarked that it came "from the majority of the Lexington bar." SWEARING THE JURY. Nearly if not all the jurymen were placed on their voir dires, and, with out exception, they swore that they had expressed no.opmior's and were conscious of no bias for or against the prisoner, an attitude remarked by sone as singular in its unanimity, con sidering the wide publicity the case has received. After Parnell had an swered the usual questions the solicitor inquired if he had a registration cer titicate. He replied attirmatively. The solicitor swore Clerk of Court George and introduced the county registra tion books and on them Parnell's name did not appear. A lengthysargument ensued. The defense presented testimony that the original registration books had been lost or not returned when used in an election concerning the annexation of a part of rhis county to Richland county. Messrs. Croft and Johnstone argued that the name might have been omitt ed from the books and the State hav ing propounded the question on the vior dire had waved the right to ap peal ta. thie books as the highest evi dence. STOOD HIM AsIDE. Judge Gary held, however, that to be a legal juror one must be a quali tied elector and directed the inquiry to that point. He was about to allow Parnell to go to his home 12 miles dis tant and search for the certificate when Mr. Thurmond consented to accept Shis ruling with the evidence at hand. His honor ruled that taking Par nell's positive statement in connection with the apparent irregularity of the books he would admit him to be swo)rn, whereupon the solicitor excused Parnell ana so yielded one of his five challenges. Parnell was the second man drawn, and after his case was dis posed of the remaining 11 jurymen ~were rapidly secured. The State had exhausted its chal lenges when eight or nine had been sworn and the defense had utilized all of its ten before the jury box was full. THE JURORs. Four of the 36, A. D. Fallow, Joel H. Geiger, T. WV. Dreher and Simon Cor ley were excused by the court for one or another cause. Of the jurymen selected Saylor, Ris inger, Leitzsey, Koon, Sharpe, Shealey and Price are farmers; Wood, Ly brand, Corley and .Jumnper are cotton mill operatives, and Hicks is a carpenter. Wood is a boss of a weave room. The following jurors drawn were challenged by the defense: M. M. Kieckly, Eugene C. Williams, Luther J. Hook. J. Laurence Jumper, John B. Stack, L. 0. Wil-on, G. M. Lewis, Thos. J. Roof. Geo. W. Derrick. The following wvere challenged by the State: John B. Reed, John J. Younginer. Noah H. Taylor, Murray Parnell and J. Eugene Lorick. THE PRISONER BROUGHT IN. A recess of half an hour was taken at the solicitors request during which the prisoner was brought in by Sheriff Caughmnan. When the solicitor an nounced the State ready, Mr. Croft in quired. "1s~ Mr. A mbrose E. Gonzales in court" and if in response to a sub poena duces tecum issued for the de fense had he brought the tiles of the Columbia State from April 15, 1902, toI September 15, 1903. Counsel for the State replied attirmatively, and Mr. Croft declared that though some of his witnesses were still absent they would be here and he could safely announce the defense ready. Tne prisoner entered the small semi octagonal dock, which is elevated about 12 inches from the floor, and stood in it for arraignment. On one side stood Mr. Croft and on the other Mr. Nelso. Clerk of Court George read the indictment ina matter of fact way and the prisoner replying to the ususal quest ion, said. "not guilty" in a voice audible throughout the room. He was then granted permission to take a seat with his counsel. -After the jury had been drawn and cbarged .J udge ciary direc ted the sheriu to have two of his const ables sworn, he instructed to take charge of the jury and keep them together In the recess and to allow none to approach them with regard to the case. 1r. P. ii. Nelson of prisoner's coun sei here said: "While no literature bearing on the case should go into the jury's hands I think it proper to re quest t hat in view of utterances in the Columbia State last Saturday and to day they be especially instructed not to read that newspaper during this trial." "1 think that request proper," said the judge. and he so instructed the jury The court then adjourned until :;p.m. TAKING '.ESTIMONY. The hearing of testimony by the State was conmenced alter the recess. It was mainly contined to Policeman Boland's story of the arrest of Till nan, to the identitication of Tillman's pistols by Sheriff Coleman and Clerk of Court Walker, together with the bullet from the German magazine pis tol which pierced Mr. Gonzales through and through, and to the identitications of clothing worn by him with its bullet holes, on the day that he was mortal ly struck. the latter being sworn to by lessrs. Hovt. Wood and Wallace of The State. The court then adjourned to Tuesday. Mr. Ambrose E. Gonzales, eldest brother of the late editor, was present throughout the day. Such is an outline of the first day's story. Every point was contested closely as it arose. Brief delays were not infrequent and the indications are that the trial will be long drawn out. At no time was the court room uncom fortably crowded. At no time was the least excitement manifest. A stranger would scarcely infer, except. from the great array of lawyers, that a case of uncommon interest was engaging the Lexington court. of sessions. COU;.RY SCHOOLS. Some Things About Theni That Parents Should Remember. One of the greatest mistakes which many boards of school trustees make. says the Commoner, is to hire teach ers with reference merely to the amount of salary stipulated for. A "cheap" teacher is generally an in experienced one, to .ay the least, and country children are thereby robbed of the benefit they have a right to de and from the money spent for their instruction. The country school, in too many instances, seems to be given !ver to the "prentice hand" of young, inexperienced boys and girls; who should themselves be going to school and the money apportinoned for the maitenance of tue school is thus worse than frittered away, because o; the careless, unscholarly way in which the school work is carried on. Coun try children, like city children, should bare the advantage of good teachers, but we are sorry to say that in many instances, the school is given to the >ne who will take it for the least noney, reiardless of fitness for the place, when the acditional tax of a few gents for each taxpayer will give a sum that would hire a teacher who would not only be a blessing in the school room, but a power for untold good among the young people of the neighborhood. In selecting a man to care for the stock, regard is had to his fitness for the work, and he is usually under sur veillance; neglect or treatment tend ing to induce deterioration in value, of the animals under his care, is at once resented by the owner. The wise farmer considers it poor economy to let a good hand go because one of interior qualitications can be had fo.r a few dollars a month less on his wages, and these wise precautions should be exercized to a much greater extent where our children are con-~ cerned. How many parents know what is taking place in the school room, or even on the grounds, cr whether or not the teacher is even. qualified to give oversight to the moral deportment of the children in his or her charge? What do the par ents know, except by hearsay. (if even that) of the amoiunt of intellectual growth the child is making, or if it is progressing at all? How of ten do they visit the schools? What do the direc tors know about the work of the teacher they have given the people? Whose business it it? Who makes it their business? A farmer who would leave the care of the stock entirely to the hired man, never going near it, bimself, would be considered a very slack "hand,"' but very few parents visit the schools where their most precious belongings are learning more than bdok lore. Do you ever think that your indiffence encourages any tendency the teacher may have to slight or neglect the school duties? Where visitors ate frequent, the teacher, as well as the pupils are anxious to have things in shape to merit approval, and we may not measure the good our presence and oversight may do to both. Even at the cost of a few additional dollars to yourself and others, you should in sist on giving your children the bene fit of a teacher whose broad knowledge, scholarly training and ambition to earn the wages given him, would result greatly to their ad vantage. Children. as a rule, care very little to yo to school, except for the excitement of the play-ground, and the ordinary "cheap"' teacher has neither the mental ability, moral capacity or scholarly attainments with which to awaken the interest, or arouse the mind of the little ones placed in nis or her charge. Found in a River. The dead body of Robert Padget, who has been missing for several days. was found Wednesday fioating down the river at Williamston, N. C. It was in an upright position and people on a passing steamer thought the man ws alive until within a few feet of the corpse. Severe bruists were found on the forehead and indicated foul play. If he was murdered it was not for the purpose of robbery, as the man's money was still in his pockets. Killed by a Fall. Mrs. M. D). Rowe, of Wecst Point, Ga.. as guest or her daughter. Mrs. S. T. Whitaker, in Columbus. Ga., had the misfortune to stumble and fall while going down the steps at their ome, receiving injuries which proved fatal one week after the accident happened. She died in Columbus at 6.30) o'clock Wednesday night and her remains were brought to West Point, a, for interment this morning. FJ(iHTS FOR LIFE. Tillman's Lawyers Wants to Exclude the Dying Statement of THE STATE'S DEAD EDITOR From the Ears of the Jury Who e are to Say Whether Till man is Guilty or Innocent. t The Tillman case is still being heard t at Lexington. The first witness on I Tuesday was Mr. Geo. M. Kchn. He testitied as to how he got the bullet which killed Gonzales. He took it from a lad and turned it over to the sheriff. Drs. Guerry. Taylor and Pope were the next witnesses. Dr. Guerry Said he did not have any hope for Gon zales from the first as he regarded his wound a fatal one. Dr. Taylor corrolo 'ated the above testimony. He de scribed the course of the bullet. The solicitor asked him a ques ion about the position of the prisoner and the dead man when the bullet was tired. The lawyers had a long discussion as to whether or not the witness was an Expert in such matters and whether the question should be answered. Finally the witness was allowed to an swer and he said from the direction of the bullet it must have be n tired downwards. and that it had been shot at the side of the victim, and could t n >t have been shot at the front. From the very first the witness had recogniz- .1 ed that the wound was fatal, though t he was not certain of it, until after the 1 operation. FIRED FROM THE SIDE. On cross examination he said from the nature of the wound it must have been tired from the side. In answer to Mr. Nelson he said that the opera tion on Mr. Gonzales was performed in the hope of recovery. Mr. Nelson put question so that it would appear that Mr. Gonzales submitted to the opera tion in the hope of recovery, and tn redirect examination he said that the operation was performed because physician thought it was necessary an21 Mr. Gonzales must have had that hope. else he would not have consent ed to the operation. The witness testified however, that Mr. Gonzales had said nothing to him and the only reason he said that Gonzales had hope was because he had consented to the operation. All this was brought out in order to prevent a declaration of t Gonzales, after he was shot, that he had sent no message to Tillman, being introduced as evidence. The law re quires that a dying declaration cannot be admitted as evidence if the dying man had hope or reason to believe he would recover. Dr. Pope testified that he heard a Gonzales make a statement after he was taken to the hospital, a d Mr. Nelson asked questions, endeavoring to show that morphine duiled the I mind and prevented one from having r a clear understanding. The lawyers a were in anotier wrangle as to whether Dr. Pope could testify as to whether death was imminent. The court de cided that he could do so and Dr. . Pope proceeded to try to tell what a Gonzales said to him soon after the s shooting while he was lying in the v State otfice. I CONTESTING A POINT. e Lawyers for the defense objected at nearly every point and the jury was i sent out of the room while the ques tion of admitting the dying declara tion was discussed. The admission of a declaration byr the deceased editor is one of the chief points in the case, because it directly contradicts any su tement that Gon-t zales sent any message I o Tillman and also gives Gonzales' statement that he as crossing the pavement in order not to m et Ti,lmnan on lie day of the o. tragedy and was not approaching himn in a menacing way as tne prisoner had o asserted. Under the circumstances the lawyers fought most vigcorously ;or y and against the admission of any dying a declarati n. While the jury was outv Dr. Pope was allowed to tell whatv Gonzales said to him and that was, "I1 am dying." The defense argued genera ly that d Gonzales was under the iniduence of s morphine and that even were he noti the fact was that he submitted to anv operation because he had hopes of re covery, and, ace rding to law, if hez had any hope whatever, any declara- e. tion made by him was incompetent.n The prosecution argued that Gonzales' st atement, I am dyi1 g," was positive evidence that he had no hope and the operation was performed not because Gonzales had any hope, but as an act of humanity by physicians, who, underr such circumstances, will *do all they can to save life. Judge Gary finally admitted the tes- t timony and Dr. Pope told the jury I that Gonzalessaid to him in a low tonet of voice-"I'm killed." Later, he saw Gonzales making a statement tostenog- I raphers at the hospital, the purportd of which he did not know. At the State ottice and at thc hospital, Gon zales was in a citical condition, ands the witnesses did not have any hope br him. Gonzales' minia was clear onv both occas ons. If the operation had not been performed Gonzales wou~d have died from bleeding in twenty-e four hours. RELATIONs UNrLEASANT. A. E. Gonzales, brother of t he later N. G. Grnzales. then took the standi and testified thlmt the relationship be-d tween his brother and the defendant I had not been pleasant.a Mr. Nelson asked whether he hadd not heard N. G. Gonzales refer to Till-d man as a cur, a thief and a coward. t The state objected, but. the court al-d lowed the quest ion. The witness said her could not remember that. but het thought that all N. G. Gonzales saida was said in the State newspaper. I~es did not recall that he ever heard N.G Gonzales discuss privately Tillmnan'se character. Mr. Nelson asked whether as a mat ter of fact he did not know that N. G.s Gonzales entertained hostility and ma-i lignit y towards James H. Tillman. On objection being made. the court re fused to permit the question. The wit ness said that all he had ever heard 1 his brother say was expressed in the It ed~torials. His brother was a man of few worsd. Hie wrote more than he( gossiped. It was a rare thing for him to denounce any one.' IIe never made 4 a threat. If he thought it necessary to denounce a man his brother w >uld g to him to his face. lHe never so far . as he knew denounced any body H privately. ! M r. Nelson tried to bring out that i N. G. Gonzales has denounced Till-ii mn before he was in public life. Tne witnss sid he could not answer. Mr. Nelon askedi whether witness did not know tht his brother had bitter feel ings5 ag~ainst Tillman, and the witness said thaLt for several years the relation1 beteeun them were certainly not friendlv. Mr. Nelson insisted oii a di rect re~ply and the witness responded, 1tht. he rdr1 not 1:now whether he culd: miswer. Mr. Nelson insisted on an an wer. "Yes" or "No." Finally he re >lied that he did not know that his )rother's feeling were bitter or hostile owards Tillman. The witness said his brother has ab olute control of the policy of the State lewspaper, and notwithstanding the elationship between him and his )rot her, which were always pleasant, )e could not say that his brother had xpressed bitter feelings against Till nan. He may have made bitter re narks but all the witness knew of his >pinions were derived from his edi orials There was no occasion for N. 1. Gonzales to express his opinions to he witness. It is poss ble, however, hat he might have said to the witness >rivately that Tillman was a thief, a far, and a debaunchee. TOOK HIS PISTOLS. Chief of Police Daly of Columbia said illman was delivered into his custody >n the day of the tragedy. When illman arrived in the police station. oliceman Boland lad one pistol be onging to Tillman, and witness took muother from the prisoner, getting it rom Tillman's hip pocket. He said hat he could Io1 recall whether Tillman had voluntarily given him the )istol or not. He may have intended o offer it, but the witness took it from iis hip pocket. Deputy Sheriff Cath art identified Tillman's pistols and aid that he had turned them over to he clerk of the court. This testimony vas adduced to get the pistals in' evi lence. GOT THE PISTOLS FIXED. W. F. Seights gunmaker of Colum ias was put on the stand and was hown the magazine pistol owned by ames H. Tillman. It had been >rought to him the day before Gonza es was killed to be repaired. It was rought by Fred Dominick who called or it and received it on the morning >f the tragedy. The bullet which had seen previously introduced as evidence, vas shown Mr. Seiglitz and he was sked to say whether it was of t: e ame calibre as one that might be ired from tie pistol with which Till nan shot Gonzales. He was allowed o go out with the bullet and a cart idge from Tillman's pistol in order to veigh them. When he came back the awyers kad much discussion as to vhether or not Mr. Seiglitz was an ex ert. Judge Gary decided that he ould testify and Seiglitz testified that he bullet was of the same calibre as hat carried by Tillman's pistol and ould have been fired from it. SAW IS PISTOL. Dr S. T. D. Lancaster, a member of he legislature from Spartanburg, tes itied that on the day previous to the omicide he had seen a pistol in the pocket of the overcoat of Tillman. the latter was standing on the state souse grounds, near Gervais street. Vitness saw the handle of the pistol istinctly protruding from the pocket f Tillman's overcoat. On redirect ex mination the witness insisted that he ould not be mistaken about what he aw in Tillman's coat tail pocket.. W. B. Gause. a member of the legis .ture from Florence, was the next wit ess. He said that during the last ses ion of the legislature he met Col. iliman in front of the "sky scraper," n Columbia. It was the first day of he session. Tillman was in company ith others and when they talked bout where each was staying, Tillman aid he had not told his wife where he as going to stop, but that he had told ier that he had putsome of the State's ditorials in his pocket and he might tay in the penitentiary. H. D. Arthur. of Edgefield, said that ist year in the month of October or (ovember he passed a livery stable in idgefield while Tillman and others rere talking. He heard Gonzales' tame mentioned and he heard Tillman av, "if I had some way to get at him." Vitness passed on and did not hear he rest of the sentence. THOUGHT HE WOULD DIE. On Wednesday Dr. James McIntosh, f t'olumbia. gave in detail the treat ent administered and said before the peration Gonzales' mind was clear. e asked the witness: "Doctor I want ou to state to me frankly whether I m mortally wounded or not." The 'itness replied that he thought the ound fatal and Gonzales said, "I ink the fellow got me." M. C. Wallace., foreman of the Job epartment of the State newpaper, ajw Tillman when he shot Gonzales. Then he tirst saw Gonzales he was alking as if he was about to turn 'rm Main into Gervais. Hesaw Gon ales later in his oftice, and the de eased had said to witness: "This is ay death. I am shot through the tomach and cannot live." NR1. HOYTON THE sTAND. James A. Hoyt, Jr., associate editor the The State, was the next wit' ss. He recited the scenes in the tate ottice when he arrived there from mis home. The principal portion of mis testimony was what Mr. Gonzales d said to hiim in regard to his condi ion. It is as rollows: "He said to me after his wife left im: 'I was only afraid that I would ie before my wife got here: Then the prosecution sought to get (r. Hoyt to give a description of the ooting as Mr. Gonzales had given it o him shortly after the shooting, and vhile the wounded man was vet in the tate oflice. Col. Croft objected, as Ir. Gonzales was not at that time in :trmis, and therefore this statement Mr. Iloyt as a uying declaration uld not be introduced. Judge Gary ruled that a dying decla ation must be muade while a man was n extremuis, but still the books do not eelare that he must die immediately. [here ar'e cases where men lived four .id rive days after' making their dying leclaration. and one case where the leponent lived tifty-two days. Hie held at if' a man realized lie was going to lie, a few days more or less living made o difference. When a man is in ex reiis and makes a statement and if .fter war'ds hope is raised in him, the lateient while he wa's in extremis is ompetent. if Mr. Gonzales was in xtremis and without hope of life when e made the statement in the State ice, and afterward he was given ome hope of life, the statement made n t he State ottice is competent. TIHE sTATEMENT ADMITTED. A fler considerable discussion among he lawyers Mr. IHort was recalled to e stand. lie said~ that Dr. Griflith vas the first physician to reach Mr. %onzales. Solicitor Thurmond then 'enewed the quest ion as to what Mr. onzales had told Mr. hloyt as to the nannr of the killing. The defense objected again and r udge Gary went into an exposition of is understanding of the law in the :ase. ~e summed up by saying that n his opinion the conditions surround' ng Mr. Gonzales at the time were uch as to iully me sure up to the re 1uirements of the law of the state and e would, therefore, rule that the ,vidence of Mr. Hoyt was admissable. Colonel Croft again objeced, saying bat there was a written dying decla 'at ion and the verb~al one to Mr. Hoyt hould not be admittedi. Judge Gary ruled that Mr. Hoyt's -vicmflc w'-1 comnetent. The afternoon session was stormy to a great degree. It was battle after bat tle over the admission of dying decla rations made by Mr. Gonzales td sev eral friends. So long and lasting were these disputes that only three wit nesses were heard. The jury was sent out of the court room three different times, while the lawyers argued over the testimony. In all these instances the evidence was given to the judge and then the attorneys contended over its admission or declaration. Then the jury was brought back and the case proceeded according to whatever was the ruling of the court. GONZALES' DY IN(G STATEMENT. When court reconvened at 3 p. m., Mr. Hoyt proceeded to give his state ment. Mr. Hoyt then said Mr. Gon zales made the following statement to him: "He said that he had left the State office to go to dinner; he was walking a ong Main street towards the state capitol, and he got nearly to the city railway transfer station when he saw Jim Tillman coming from the capitol with two men whom he didn't recog nize; he said there were several people standing around the corner, and that he saw if he kept on his course along t e edge of the pavement he would brush against these men, and to avoid them, be cut diagonally across the pavement towards the corner of the transfer station, and as he was going across he saw Til man pull a big pistol and shoot. He said that he turned and faced him and exclaimed: Shoot again, you coward. You have killed me.; He looked Tillman in the face and Tillman held the pistol at him, but didn't shoot: he said that then some gentlemen ran up and helpei him; he said that just as he shot-just about the time Tillman shot-that he (fill man) exclaimed, 'I have done what you said,' or 'I have taken you at your word,' or something like that." The statement, Hoyt said, was about half an hour after the shooting. Mr. Hoyt was questioned on cross-examina tion by Mr. Ndlson as to his feelings towards the defendant. "Your feelings towards him are very bitter, aren't they?" Don't you feel very revengeful about him?" "Well, I don't think I harbor ven geance against anyb.dy." "You don't feel hostile towards him?" "That hardly expresses it." "Well, express it yourself," said Mr. Nelson. "I feel very indigant towards the man who had killed my best - friend, and I suppose if I harbor vengeance towards anybody it would be toward him," replied the witness. Dr. C. W. Barron, of the Columbia hospital, was present when Mr. Gon zales was brought there from the State Olice. He said be asked Mr. Gonzales within ten or fifteen minutes after he was carried into the hospital: "1N. G., do you understand your con d:ition?" "I do, doctor," Gonzales replied, when witness said he asked him the furthei question: "Do you understand, N. G., that you will probably die?" the reply being, witness testified: "I do." The doctor said Mr,Gonzales had no hope of recovery. He considered Gon zales in extremis. Witness said Gon zale., made a statement at the hospi tal which the witness said Gonzales said was a death statement. ANOTHER STATEMENT. Dr J. W. Babcock, superintendent of the State Insane hospital, saw Gon zales as he lay on the floor in the State office. He described the, location of the bullet wounds, and gave the opin ion that it was indicated that the body of a man receiving such wounds was on the point of turning Dr. Babcock also saw Gonzales at the hos pital just after he was-received there. Gonzales, he said, made a statement to him which he said he took down in notes. Reading from his notes, he said the followmng were the words of Gonzales as near as he could take it down. "He had one man with him who was a particular friend of his, Talbird; an other man whose face I did not ob serve. I started for the state house as usual. As I got .o the corners of Gervais street, I recognized Tillman. I knew if I kept on I would collide with him, as they were three abreast, botih on the outside. I cut diagonally aeross to the left, intending to turn tbe corner into Gervais street, which I couldi have done without touching the inside man. As I got on the turn two or tnree feet from the exact corner, he said, pulling pistol (Or he had it in his sleeve) tired, and made some expression. Tue shock threw me around against the pillar on A1ain street. 1 faced him. He pointed the pistol; I called him a coward. He said. 'I took your advice,' or some thing to that effect; he put the pistol in his pocket and sauntered into the street. I never sent him a message. He said, 'I have taken you at your word.' I suppose he referred to some thing 1 said in an editorial in the campaign. He said this after he tired. I had no idea of meeting him. After I had seen him two days before in the lobby of the house. The thing was tinished as far as I was concerned." The statement was first given by the witness in the absence of the jury, the defense objecting to the introduc tion of the latter part, but subsequent ly withdrew the objection. August Kohn, a newspaper writer, who was at the hospital at the time Dr. Babcock was there, said Mr. Gon zales told him at that time in an an swer to question that he (Gonzales) had not sent a message to Mr. Till man. A DULL DAY. Thursday was a dull day in the trial. Almost the entire time was consumed in the reading of the editorials that have appeared in the State criticising Coonel Tillman. The files of this' paper were put in evidence on the first day of the trial by the prosecution and such matters as that side of the con troversy desired to use was read today. Washington King, member of the legislature, from Florence, was the next witness. He testified that on the day before the shooting he saw James 1. Tillman with a pistol in his left hip pocket. This was in the afternoon. Tillman was either taking off or put ting on his overcoafs at thle time in the hotel~ H e could not remember wheth er it was before or after dinner. Immediately after the testimony of Mr. King Mr. Elliot began reading~ from the tiles of the State and contin ued four or five hours. The evening session of the court was consumed in continuation of the read lg of editorials from the Columbia State. SENATOR TUOMAS TALBIRD. One of the most Important witnesses for Friday afternoon was Senator Thomas Talbird. of Beaufort County. lie was a strong personal friend of Col.I Tillman and had been a schoolmate of Mr. Gonzales. He had been intimate with Col. Tillman in recent years. and it was evident that he tried all through his evidence to be absolutely exact and there was the highest commenda tion of the tone and accuracy of his all important evidence. (Continnued on pagr .) TERRIBLE TRAGEDY. Jealousy and Dunk Caused an Awful Homicid- and Sucide. A MANW KILLS HIMSELF AND WIFE Were Seperated but Were Recon ciled and Seemed Happy in Each Other's Company Just Before Shooting. Barnard Barnes, a young white man about 25 years of age, in Augusta, Ga., shot his wife to death Thursday morning at tbe home of K. L. Horne, on Gwinnett street, near the exposi tion grounds, and then turned the revolver to his temple and sent a bul let crashing through his own brain. During a married life of about five years the couple have not lived hap pily together, and especially during the past twelve months have they quarreled frequently because of the husband's inebriety and a jealousy he entertained toward his wife. JEALOUSY AND SEPARATION. About a week ago Mr. and Mrs. i Barnes parted, the wife going to board I with Mrs. Horne. It seems that the I cause leading up to the separation was the fact that Mrs. Barnes was of a lively disposition and enjoyed pleasant association, which angered her hus band and created jealousy in the ex treme. He would not remain for a very long time in one position and quite frequently came to his home in a state of intoxication. When Barnes was married he was a lineman, but I shortly afterward was given a position with the electic lighting company as trimmer. After remaining in that position for a time he went to work in the cotton mills, but more recently took a position with the car repairing furce of the Central railroad. Satur day be secured a position again as a lineman and, it seems, had affected a i reconciliation with his wife, and they were to live together again. DIFFERENCES PATCHED UP. Wednesday he had an interview with his wife at her boarding house and their differences seemed to have been patched up. Wednesday night he went back, per engagement, and the two seemed in quite a pleasant mood. They retired to their room about 10 o'clock and were heard talking and laughing together for some time. There was not the faintest suspicion that what was then a dead past was to be unearthed, rather the horizon of the future for the young folks ap peared to be resplendent with a radi ent bue. In the new position which Barnes was to have accepted Thurs day morning he would make a good wage. He was forgiven for all that bad gone before; for the time, any way, the demon of jealousy had been crushed and the love which they had entertained for each other when they made the vows to cleave unto each ther until death was fully renewed. The members of the houseuold be lieved the couple were wrapped in 1 peaceful slumber and the rising of the morning sun would open to them a new life. AWAKENED TO DIE. Before seven o'clock Thursday morning they arose and were heard stirring about in their room. They were heard talking earnestly for some little time, when suddenly, about 7:30 'clock, a pistol shot rang through the house and the woman screamed. There were two other shots in quick succession and the members of the household rushed to the hallway just in time to see Mrs. Barnes run out of the bedroom in which she and her husband had spent the night, slam the door and start to turn out of the front door, when she groaned, put her band to her side and sank to the floor almost over the front door-sill. Tu~c bedroom door was thrown open by I Barnes, and, as he saw his wife's body prone upon the floor, there were two1 more shots in rapid succession, and he bad launched his own spirit into eternity as he had that of his wife. WAS NER'~OUs.C Barnes and his wife had been talk ing some time and were both fully dressed when the shooting began, Irs. Barnes having carefully arranged her hair, while the husband was, to all appearances, preparing to go out to his work, having his hat on as they sat talking. He, at least, was extremely nervous from the fact that the first shot tired went into the ceilling, but his nerve 1 ame back to him and the next shot took effect in his wife's left side in the vicinity of the heart. As Barnes turned the deadly weapon upon him self his shooting was again bad. The irst shot passed through his hat into the celling, but the second fultilled the mission intended for it. Passing 1 through the right temple, just above1 and back of the eye, it crashed through his brain and he sank to the floor, less thap 15 feet from his wife's body, and died.-Augusta Herald. Foundin a Lake. The body of the woman found in1 East lake Sunday with three bulleti holes in her head, was positively iden tited today as Miss Nellie Shameld,< aged 35, who resided in Bumming am, Ala. Miss Shaffield left home1 Thursday and, it was supposed by relatives, that she had gone to visit a sister at Ensley. Miss Shaffeld was a member or an excellent family and as she was an invalid and seldom went out, the mystery of her murder is in tensiied. A Man Shot. Walter Byne shot and killed Tom Canneley Friday afternoon on Mr. Jim Daniel's place, about twelve miles from Waynesboro. Both parties are colored and had gone from Waynes boro to pick cotton for Mr. Dainel. Conneley was teasing Byne's sister, a small negro girl, and Byne took the matter up, Ibut claims the shooting was an accident. Conneley was shot close range with a shotgun, and died instantly. Byne is in jail awaiting the action of the grand jury next week. Bills Ignored. At Wilmington, Del., the grand jury today announced that they had decided to ignore the bill against those charged with burning at the stake George White, the negro who mrdred Miss. Helen Rishop. MRS. JEFz R;ON DaV.S. A Northern New-.w--r'a Tribute to a Nub e Woman. It is saddening newt that comes from Buffalo. Mre. Jeffeison D.avi', the widow of him wi o was the first, i the last and the only Pre-idenst of the Confederate States of An: rica, lies at the point of death in a Northern city. A spirit that has given not a little strength and not a little gr ,c.j to American womanhood is passing from the life transient, through death, to the life everlasting. The event is one which, for reasons )f weight, the world will not willing .et pass unnoticed. It is well that it s so. The life of Mrs. Jefferson- Davis an not fail to awaken memories that ire sacred and to revive hopes that ire inspiriting. To her it was given ,o be one of the honorably conspicu )us figures in a period that Americans verywhere now contemplate with a ;ense of reverent pride. In the titanic truggle of more than two-score years Igo, American womanhood, as well as merican manhood, was put to the upreme test. Throughout this wide ountry of ours, the women as weli as he men, were then required to "de end the right as God gave them to. now the right;" and it is but uist imple truth to state that, in an hour r hat tried their souls, American wo nen of the Southern Stri. as well s American women of the Northern Mtates, failed not. Of these devoted and self-sacrifi.:ing i, pirits, Mrs. Jefferson Davis was one. he went through the struggle with t >atience and courage, and returned to ier home in the ashes of defeat to ad c ust herself, in gentleness and in dig- e ity, to a world of which she had not ven dreamed. Like her noble coun ;rywomen of the South, she did not s omplain; she did not cower before e nisunderstanding. She acted as the d trong always act. She worked and )rayed, and waited. She put in the rout of her consciousness the deter-] ination to cherish the traditions of ier race and her breeding. If, in mo nents of success, her example had c >een stimulating to her people, in the f lour of disaster, it was little less than t nnobling. In her modest home at s Beauvoir," and elsewhere, she lived ' life that won the respect, the admi- o ation and the love of all high-minded t nen and of all high-minded women. t suffering was hers, and sorrow was a iers also. In the changes and chances r f life, the gales of necessity blew piti essly against her; yet through it all bone the inextinguishable light of a t ;haracter glorified by grief. It is right that the world know this. t is right that Americans of the orthern States completely recognize , t. And they do recognize it. The ge of chivalry is not gone; the age of a conomists and calculators has not ucceeded, and the glory of America, 6t least, is not forever extinguished. till may be beheld that "generous . oyalty to sex," if not to rank, that a 'dignified obedience," if not that d 'proud submission," that "subordina ion of the heart" which keeps all - end not in servitude, "the spirit of at alted freedom." "The ut.ught. race of life, the nurse cf man y sen ment and heroic enterprie," za ii.; ~one-no, nor can go a. long as a lift s noble as is Mrs. J~iTrson Devi all have power to bl::s and to .save. he children of earth.-Piladlphia eader. TWiC3 ST312JD 'J at Let Down to Pray and Wzite to His Wirse. j At Oxford, Ohio, on Thursday tight, a mob broke open the jatil and t ook Joseph Spivey to an elm tre out quare away, on which Henry Corbit, as lynched in 1892. Spivey wa rung up and let down to pray. A econd time he was strung up and let lown and while he was pleading fu ime to write to his wife, Deput3 3heriff Brennan and a few assistants, ushed forward, cut the rope and ushed down the street with the pris- ~ ner. He was rushed to the jail and ~ pirited out of town. John Spivey. ~ 1s prother, is dying with a bullet r s brough his head. A stranger who d ives at Monroe, 0., is also fatally. vounded. Spivey was one of a band ~ f Kentuckians who shot and danger- ~ usly wounded five persons on the a treet during a fair. MIarshal Woodruff and his deputy, acob Manrod, endeavored to arrest ~ ~hem and were shot. Marshal Wood uff in the right breast and Deput ianrod in the left wrist. A crowd tarted in pursuit of Spivey brothers t mnd overtook them. Joseph Spi ye) t vas shot in the right side with a load, f buckshot and his brother was mocked unconscious with a stone brown by some one in the crowd ut a ursuers. During the light a stranger,t ho refused to give his name, was, hot in the abdomen and is in a dan- - erous condition. The otlicers were successful in get ,ing the prisoners from the jail. The arty took two hacks and drove rapid y to Hamilton, a distance of twenty a iles, where they arrived after mid- I uight and securely lodged their pris- a ners in the Butler county jail. The g nob inally found they had been bea-t en and quietly dispersed.t Cigarette Stain.t Judge Crane, of one of the New a ork police courts, testifies that iinet-nine out of every hundred boys rm 10 to 17 years of age who comef efore him charged with crimes rang- I ng from petty misdemeanors to t urglary, highway robbery and mur- ' ler have their tingers stained by s sigarettes. He is convinced that the I acessive use of the cigarette by boys ieakens their moral sense and makes 5hem easy victims of tbe passions shat ind correction only in the risons. "I would prefer," he says, to see my boy given to the use of iquors than to cigarettes."( A Union Tragedy. Tavlor McCoombs was shot to death s >y ll Asburst Wednesday night atc Heal Shoals, on Board river, 12 miles, ~rom Union. Ashurst remonstrated wilth McCoombs in an altercation he .1ad with a one-legged man. This ;eemed to anger Mc~oombs and he be- 1 tan cursing and abusing Ashurst, 1 -.r then shot him. Ashurst esaped. A SEROUS CHARGE. A. White Yen Arestei for A ssa Iting - , ' White Woman. WO 13 COMMIT J.D TO JAIE. O The Sad Story of - Mill Village Girl Who Avent to Greenville to Ihunt -ro'lk in the Mdlg. A dispitch from Greenville to The ate says Chan- Patterson, white, a. 'arried man who lives at the Mills mill was arrested r?lursday . fternoon and s now in jiil upon a charge of rape pon the person of Ida Reeves, 20 rears old, daughter of E. W. Reeves >f Pc:z:. Te girl ca'e here on [uesday 2ternon in search cf work ,t the mi'ls and was-..k-l. by a former quaintance in a hack to a house of 11 fame. w here she spent the might. Wednesday af.ernoon he met at nis house with two meu who to'd her e get s- .ay from there, and if sh~e r":iu take the cars for the Poe m='I hey would find her work and a h'me. Leting upon their advice she left the ous - and went towards the trolley ine, but met with Patterson on the - ray, who sail he was going to the mill and would takeher there. The girl had never been in Green ille before and accepted the ffer of n entire siranger. 11er story is that hey a ent past the Woodside mill into - piece of woods, where the man ac ,.mpl!mned his ot j -et. He then went a with the girl to a boarding house P, t Monaghan wills, where he obtain d l.edgings for the girl at midnight., ayiog she was his cIu in and had just ome in (in the train. The facts were ' leveloped after Patterson lift the cardngi hu.ne and Thursday there: vas some agitation among the mil eople at Monaghan, but no effort was adeto find P.itterson. Thursday afternoon the girl was in ompany c -waman who was be riending her and had nh d'to be girl's father at Pedz r, when they aw Patterson and spoke to ham. - 'he woman asked himto go with them n the llugu^n'.t mil', and on be way she went into a booe and elephoned Chief Kennedy to send policeman to the mill. Oa ar iving there Patterson went on to the ostoffice and in a short time the oliceman came, wh. n it was trranged bat the woman should follow P..tter n and walk up to him wb ,h was a ignal to the policeman, who speedily pcured his man and took him to the Lation. In the mean'ime the girl's father rrived from Pz :r and swore out a 'arrant against Pattersor, when he ras transferred to the jtil. Patw-_ )n deni.s his guilt and says he :aw be girl at the house first mentioned nd talked witn her on t me porch, but - - id not go with her to the Monaghan lill. Ile is a young man and says he has een liting for ei t5 or nine years in' n. aroun i Greenrvile and Srpartan urg. Tne news of hais ar rest a as not enerally known and he was marched ujetly to j &il uz:.der the escort of tw. e puties._________ Winl G at a F"ma~ne.. William C. H1W ridge, who went to hc Oaroline Ksi~~ last afay, in the atei'ests of b!n. ''ath~rine O'Keefe, ~idow of David 1. O'Keefe, bias-ar ived on the steanLer IDorice at San caricisco. O'Kecf.. was known. as he king of Yap. Hie left his wife nid daughter in 'Savannah, Ga., In he early '7 )o. wr"as wrecked on this lanr. Being the 'irst white man the ativyes ba-I ever seen' they treated imn with every possilble reverence and iinally made him kin;:. Over a year go, after visiting liongkong on busi ess, he sta raed to return on one of is vessels andJ ,ia,. was the last ever card ou nim. Although he had two ives in the Caroes, hec always kept is wife and daughter in Savannah ell supplied with money. Upon earing of his &ath, Lawyer Hart idge was sent out to see how matters tCod. He~ found a wvil! in 'Jongkong istributi ; an estate valued at $1, 00.000 in prop--rty. all of which 1s roductive. ile h-is let. qie a la'-e mount to his daughter, Mrs. J. F. Wutier of Savann'rii. and it is expected ..at the Asannaih wld.* will elatm 0 per er u. of the estate. The T4 xas Fever. While Texas is great State it seems a have a great many dran~backs. One here tney have the Mexican boll rer ii, which is very destructived to nie cotton crop, the Texts fever mong cattle, and a great many other hings. Sa far the Mexican boll reevil has not reached us, but the 'cxas fever has. Recently Mr. J. A. hilley, a well-known dairyman near anderson has had several cows to die mith this disease and several others re sick. Hie sent to Clemson college or a veterinarian, who went down nid inspected the heard. This ofiicial ave as his opinion that the cows had een suffering from Tt ras fever, and hat the disease had been caused by icks. Hie says that a calf may have icks on it without injury, but that if cow grows to maturity without hay og ticks and then acquires them, they vill cause what is known as Texas ever, which will nearly always prove atal. It is said that no certain cure as yet been found for the disease. :he expert advised Mr. Shirley to get omne wbiskey and give his cows a halt mit at a time. Instantly killed. Henry Sam Floyd, machinist and nd blacksmith, was accidentally kill d at 6.30 o'clock Wednesday after loon at Woodside cotton mili inl treenville by falling on a large pulley onnected with the main shafting of he mill engine. His death was in tanteneous. Floyd. was forty years ld and a good lanorer. He leaves a vife and three children. Cheated the Gallows. Elijah B ,li, in jail in Jaskson, sy., on tha charge of murder, com L itted su.cide on Manday by taking i nrphine