The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, October 21, 1903, Image 1
The Batesburg; Advocate.
VOL. III. BATESBURG, S. C., WEDNESDAY, OCTOBER 21, 1903. NO. 38
THE JURY CHARGE!)
By Judge Gary As to the Different
Kinds of Homici e.
WHAT THE JUDGE CHARGED.
The Knd of a Iiouk and Tiresome
Case. The Jury Out Twenty
Hours and Then
Agrees.
The closing arguments In the case
of J. II. Tillman were made Wednesday
at 1.42 p. m. .1 udge Gary gave the case
to the Jury.
The arguments consumed two and
a half days. Senator Tllhuan, uncle
of the defendant, was present Wednesday.
Col. Crott resumed his argument
l?? the jury with the convening of
court and made the clotting address
for the defendant and tinal appeal
for his acquittal. In summing
up the defendant's case he dwelt upon
the teitimony of witnesses for the defence
relative to the position of Mr.
Gonzales' hands as he approached Mr.
Tillman, lie also pressed the point
that the defendant was to be judged
in the light of circumstance as they
appeared to the defendant. Colone
fvnft also addressed himself to law
points involved.
lie was loilowcd by General G. I).
Bellinger, who closed for the state
and made the final aagument of the
trial. General Bellinger made a general
summing up of the state's ease,
laying stress upon the testimony adduced
by the state relative to the
shooting. Analyzing and comparing
with the testimony of witnesses for
tiie defence, calling special attention
to the witnesses whose veracity had
been attacked by the state. At the
close of-Mr. Bellingers speech Judge
Gary delivered the following charge
to the jury:
Jt'DOII GAltY's CIIAKOB.
"Mr. Foreman and Gentlemen of
the Jury: 1 congratulate you upon
the approach of the end of this trial,
which has consumed so much of youi
time. It has required of you patience,
endurance and self-sacrifice. I
am glad to say that you have met the
exactions in a manner to lie highly
commended, and when you return to
your respective homes you may enjoy
the satisfaction which comes from a
sense of duty well performed.
J{y an analysis or t hat dehnltion, #entlemem.
you will sec in order to const
ittte murder there must he the killing
of one human heintf hy another,
that killing must he done with malice
aforethought, malice premeditated.
Malice may either he expressed or implied.
Now, that is murder. Malice
may he defined to he an evil spirit., a
L depraved and wicked spirit, aud this
w
? "Gentlemen, the trial has reached
that stage when it is my duty to
charge y?m what 1 conceive to he the
law u! homicide. This 1 shall do as
plainly and briefly as 1 possibly can,
and if. in what 1 shall have to say to
you, you should conceive the Idea that
1 intend to express or intimate to you
any opinion upon the facts, 1 l)Cg that
you will dismiss such Idea from your
minds.
"The Constitution of the State forbids
me to express or to intimate to j
you any opinion upon the facts and I
do not intend to do so. The facts are
exclusively for your determination.
You tind the facts and apply them to
the law which 1 give you and tind
your verdict accordingly.
"The defendant, .lames II. Tillman.
stands charged by the State of
Soul h Carolina w ith the murder of N.
G. Gonzales.
TIIKK KINDS OK HOMICIDE.
"Homicide, gentlemen, is a general
term, which means the killing of a
man, regardless of manner in which
tlickillicL' is done. There arc three
kinds of homicide?justifiable homicide.
excusable homicide aud felonious
homicide. The law only punishes for
felonious homicide, .lustiliable homicide
is where one takes the life of another
in the performance of a duty;
for instance, if the sheriff hangs a
man in pursuance of the mandate of
a competent Court, it is justifiable
homicide; he is carrying out the order
of the Court, and the law says it
is no wrong. Hut., gentlemen, as
there is no intimation from any source
that the alleged killing was a jusliti-|
able homicide, you may dismiss that j
kind of homicide from your consideration.
"Now, I lie next is excusable homicide.
Kxciisable homicide is where a
man kills another under such circumstances
as the law, in its regard for
tlie weakness of human nature, condones,
and it excuses the act. For
instance. For instance, if a man is
in the discharge of a lawful duty, a
lawful act, and without fault or
negligence, accidentally kills another,
the law excuses him and he has done
no wrong and should sutler no punis'.iment.
Then, again, gentlemen, if a
man kills another in selfdefence, the
law in its regard for the laws of nature,
says that he has done no wrong
and should not be punished. Now.
1 will charge you further on in what 1
shall say to you, as to what is necessary
to make out the plea of self-defence.
"Now. I have instructed you as t-o
vdiat juslitiahle homicide is, hut that
does not come in this case, i have
instructed you as to what excusable
homicide is.
WHAT KKI.ONlot'S IIOMICIDK MKANS.
"The other homicide, and the only
one for which a man is punished, is
felonious homicide, which is either
murder or manslaughter. Murder is
defined hy statute to lie the killing of
a human being with malice aforethought.
either expressed or implied.
definition has l?een adopted by tin
Supreme Court of our Stats and bai
been defined to |>e an evil spirit, a de
praved and wicked spirit, such as i:
found in the heart totally devoid ol
social duty and fatally bent upon mis
chief. Expressed malice Is where oiu
person kills another with a sedate, dc
liberated, meant and formed design
such formed design being evidencec
by external circumstances which dls
cover the inward Intention, such a.'
lying in wait, antecedent menacing
threats, former grudges pnd concerted
sclieires to do somebody liarm.
"Now, as I said to you before, U
constitute murder, it must be dont
with malice aforethought and that
may be either expressed or implied.
I have just told you what expressed
mance is.
"Now, implied malice is sucli a*
the law infers or implies from the kill
log itself. If the killing is proved,
and none of the attendant circumstances,
then the laws infers or presumes
that the killing was done with
malice aforethought. That is what i>
meant when we speak of implied malice,
but, gentlemen, when all of the
circumstances attending the killing
are related to you, you have no right
then t-o infer anything, you must look
at those circumstances as they are detailed
to you by the witnesses, and
from those eirtumstances you must
say whether or not the killing was
done wit h tnuiicc aforethought.
IN WHAT M ANSLA l'UIITKK CONSISTS.
"Manslaughter is the killing of a
human being in sudden heat and passion
and upon sutllcicnt legal provocation.
This, gentlemen, is said to
be one of the charities of the law. in
its tender gegard for the frailities of
our nature it recognizes the fact that
under c-rtain circumstances we are
liable to lie so far transported beyond
ourselves that we act from passion
and not from reason. When one is
suddenly thrown into a passion or
transported beyond himself, reason
loses its sway and lie acts from passion.
if he lias .sullicient legal provocation
for that passion then tile law.
in its mercy, says that is not murder,
but manslaughter.
"1 will call your attention to tli"
fact thai if sullicient time elapses lw?iween
the receiving of tiie provocation
and tiie act of killing to enable the
blood to cool, to enable passion to subside,
to enable reason to resume Its
away, then tin* law says blood must
,-<u>l fcha
WW., UIIV/ pMD.iiwu IIIU.-M ^UU.MUr, rUilMKI
must assume Its away ami holds the
man to as strict an accountability as
if lie had not received the provocation.
''In tills case your impiiry will be.
has N. (J. (Ion/ales liecn killedV Did
James 11. Tillman kill him? If so. under
what circumstances was the killing
done? Was the killing felonious,
such as the law punishes* for? If so.
under what circumstance was the
killing done? Was the killing falonious,
such as the law punishes for? If
so, was it murder or man slaughter,
or was the killing excusable? These
are the questions you will ask your
self.
WnAT THE DEFENDANT CLAIMS.
"The defendant sets up tlie plea of
selfdefence; that is, that he did the
killing to save his own life, or to avoid
serious bodily harm to himself. If the
defendant has established Ids plea o
self-defence, then lie is excusahie apd
your verdict should lie 'not guilty.1
The pica of selfdefence, gentlemen, is
founded on the idea of necessity; that
is, that it was necessary to take the
life of a fellow man to save one's own
life or to avoid serious b idily harm.
For the defendant to establish his
plea of self-defence he must satisfy
you, gentlemen, of four things, not
beyond a reasonable doubt, hut by the
preponderance of the evidence, Hemember,
that he must satisfy you, not
beyond a reasonable doubt, tint by t he
preponderance of the evidence of four
things: First, that he was without
fault in bringing on the ditliculty; second,
that ,ie believed at the time that
he was in danger of receiving serioiibodily
harm or losing his life, and
that it was necessary to take the hie
of his assailant.
"lie must go fuither and show you
that a reasonable man, i man of ordinary
firmness, courage, prudence and
reason, stituted as he was, would hav-:
come to a like conclusion. Now,
gentlemen, the qusction is, not what
you would have done, or what 1 would
have done, hut the question is, what
would a man of ordinary firmness and
reason and prudence, what conclusion
would he have reached?
"Fourth, that he had no other
probable means of escape.
"If he lias shown these four things
to your satisfaction by the preponderance
of the evidence, then his plea of
self-defense is established and he is
entitled to an acquittal at your hands.
"Now, gentlemen, what is preponderance
of the evidence? It means
the greater weight of the evidence.
It is usually illustrated thus: If you
put the evidence in favor of tlie plea
in one pan of the balance and the
evidence against the plea in the other
| pan of the balance, and the evidence
in favor of the plea bears down the
| testimony against it, it outweighs, it.
preponderates, and the plea is established.
WHA r T1IK STATES MI ST I'KOVK.
"It Is necessary for the State to
establish its case to your satisfaction
beyond a reasonable doubt, and stricter
decree of proof is required of the
i State than is required of the defendant.
The State must make out Its
| case t'f your satisfaction beyond a
reasonable doubt. Now, what is a
reasonable doubtj-" It is not a vague,
whimsical, weak, imaginary doubt,but
It is a strung, substantial, well-founded
doubt, growing out of t he ev idenee,
an honest hesitation of the mind.
| brought al ton I by the evidence. Whilst
j this is the definition laid down in the
i iKioks, the words 'reasonable, doubt'
j convey Just as much meaning to your 1
i mind as the detinition that is given in
- the hooks. 1 think it will he enough
> to say that a remarkable doubt is a A
r reasonable doubt.
"Now. if, upon a review of the
j whole case, the whole evidence, that
given by the State and that given by g|
, the defendant, you Irave a reasonable
1 doubt as to the guilt of the prisoner
- or as to any material allegation of the v
? indictment, then it is your duty to
: acquit.
I "The form your verdict will be
either 'Guilty of murder,' 'Guilty of
? murder, with recommendation to
: meroy,' 'Guilty of manslaughter,' or
; 'Not guilty.' J?
"Now, gentlemen, If you should ju
I conclude that the defendant is guilty >>
ui luurucr, uul ne snouui not suner
? tlie extreme penalty of the law. your
verdict would be 'Guilty of murder m
with recommendation to mercy,' and ri
that recommendation will of Itself re- V1
dure the punishment from death to 1
i Imprisonment for life in the l'eniten- .
, tlary. \\
"Now, gentlemen, bring to bear on
: this ease your best judgment, and Hud '!
a verdict according to the facts as you
find them, and the law which I have Va
given to you and will give to you, re- 's
gardless of any outside clamor that a
already too many homicides have gone et
unpunished in S >uth Carolina. You '
have nothing to do with that. You
are only dealing with the facts and
the law of this case. IV.
"Now counsel for the State and j
counsel for the defence have handed
to me numerous requests to charge, 1 ' .
will now proceed to consider them. 'V
Some 1 will charge you and others I V.'
shall decline to charge you."
This ended the formal charge as to
the principles of law.
Then Jude Gary took up the bundle . '
of requests to charge, which he con- 1
sidered seriatim.
J?
The jury after being out about pa
twenty hours brought in a verdict of su
"not guilty." tit
i Tl
A Keinarkfthln Heeling. . en
At one of the most remarkable cr
church offerings meetings ever held So
m the Atlanta Baptist Tabernacle, of ty
which Dr. Len. G. Hroughton is pastor,
recently raised *10,500 with co
which to lift the church debt and co
make Improvements on the building, th
The church was crowded and much no
enthusiasm was shown. One young re;
.....j , nuu nums iur ucr living, looK tri
fruru her tinker a dlmond ring which '"I
represented n.ucb of her savings, and tli
gave it to the fund. Several young It
men jointly subscribed $100, redeemed
the ring and returned It to the owner
under her protest. The object of i of
raising the money to pay off the whole j thi
churcii debt as this time was to in- i w:'
duce I)r. Bronghton to remain with de;
tlie church. The minister received a ' Pri
call to a large church in Boston and j no
has not announced his decision. A lt
committee from Boston church is Ti
waiting upon him in an effort to aid do
in making his decision. It is not be- j a.o
lleved lie will now leave ti is church foi
in Atlanta.
Killed Ills Mother and Wile. \V
Frank l'avltk created a dramatic - i
scene in .ludge Clifford's Court in Chi- j to
-ago. pointing an accusing tingcr at s uu
his fattier and declaring that the lat- j in:
i.er whs gililt v not only of wife mur- i ski
d'-r, hut also that of matricide. of
"The murder of my mother is not wl
the tirst one committed hy my father,*' j sa
said the accuser. "In Bohemia, sis
where I was horn, he killed his own wl
mother, lie became enraged at my B.
grandmot iu*r and st ruck tier a vicious
olow. For three weeks she suffered on
| and finally died. My father was nev- H
| er punished for that crime." hu
Attorneys f.r the defendant told the ar
jury they would make no denials of j co
| the charge that the defendant killed ! Lit
his wife, hut wouid seek to prove him en
innocent. pa
a
>1 urtl?*r<*r Captured ca
Cyrus Ihxon, a white man who was
| working at, a saw mill near Socieu
| Hill under the name of Lnrmin, has 1 r'
lit-en arrested and carried to North U|
{Carolina to be hun^r. It seems that r*
he had heen tried for murder, convicted
and sentenced to death, hut 1,1
escaped, anil came south hy water ,l 1
routes, leaving no trace, till aUmt 1,1
t wo roont lis a^o, his allections became 1,1
so Kreat for the widow of the man lie
murdered lie went for her or went i"
meet her. She was tracked with the u
above result. After twdn^ recaptured i
; he tfave himself no concern, apparent- i
Iv. hut his pleadings for the woman tli
to lie allt wed to tfo was very earnest. pr
' Sc
Unmet! In I lentil.
i ot
An atfed lady, Miss Nanny Hubert-{im
son, living 10 miles almvc Laurens, v?t
; was burnt (1 to death in her house ;i|
Wednesday nitfht. When the tire /sX
was discovered the building was al- m,
most destroyed and no rescue could m.
he made. She was seventy-tive years
| old. The tire is supposed to have vi<
|originated from a lamp, a lar^e iptan- <ic
tity of hatting becoming ignited ac- f,,
cidentally while she was en^a^cd in vji
11 it i I tl n^r. Miss Robertson lived alone, mi
Her nearest n itflibor lived about loo tii
! yards from her house. tli
/is
Itravo School (ilrll. kll
I Hiring a tiro that destroyed two P"
residences In ^rviiiK i\\rk Chicago. K'"
three children were rescued from 1,1
death hy tfirl students of .lelTersou (
llitfh school. Raymond Saunders.
live years old, perished in the tlaines. 1
The students were on their way to 1''
School, which is located two blocks ' 1
from the scene of the lire. Learn ink' 111
that there were children in the houses mi
!several tfirls entered and hore the imprisoned
children through the dense
smoke to the street. In the confusion
the Saunders hoy w;is not found. ,il 1
'ILLMAN GOES FREE.
Jury of His Peers Declares Him
"Not Guilty."
DENES IN THE COURT ROOM
Then the Verdict Waa Announced
and Col. Tillman Received
the CoiiKratulatiouH of
His Frlfnda.
The trial at Lexington is over and
lines 11. Tillman is a free man. A
iry of Ills peers lias pronounced him
Not guilty" of the charge of murder.
Thus ends one of the greatest and
ost important trials that has occurd
in South Carolina, certainly the
ost important and far-reaching wlth;
the last quarter of a century.
It is perhaps due and proper that
le verdict of a jury should be tinal.
ruler American law this ought to
id the matter. Whether or not
lat verdict of "Not guilty" will he
tisfying It is not for me to say. It
for me to record, as I have underken
during the progress of the
itire trial, what actually occurred,
id what was said, and ii is left for
hers to draw conclusions.
It will not, however, be amiss for
e to suggest that this verdict of
Sot guilty." while entirely expected,
111 not satisfy very many In this
ate. The evidendce In the case has
1 been published, and a reading peoc
will form its own conclusions as
i that jury in Lexington Court
ouse.
Already I can hear the suggestion
at tlie trial was a simple farce, and
at nothing other thau what occurrl
was to have iieen expected from a
ry composed as was the Tillman
nel. Already one can hear that
eh a verdict was the result of poll's,
and that the nephew of Senator 1
ilman had nothing to fear in a !
unty that had always shown a larg- i <
proportionate vote in support of ) 1
nator Tillman than any other couriin
the State. 1
It is not, 1 judge, violating any
ntidcnce for me to say now that! I
unsel for the nriispKiiMnn i
e jury had been drawn, said that t
tiling but an acquittal would be the <
>ult of the trial. And then, as the j j
al progressed, they hoped for a j i
strial, but never did the counsel for 1
e prosecution expect a conviction, i
may then be asked wiiy the trial? i
There had to tr' ' of th~ ?~~o Wfrho
Ur--: ^tlrcony and story i
the tragedy han to be presented to J
c world, and It w.-.s thought that it a
us at least due the memory of the
ad editor to make the strongest
esentationof the facts in his defence,
t only to the jury, bul to the world, i1
is not for me to Judge James II. I '
lltnan. nor is it for aiy one else to s
so now, as he lias b(en tried and : 0
Iuit ted according to the laws and !
rms of this great Statr.
IIOW THE JURY tfiVX)D.
When the jury retired to its room (
edncsday afternoon, diortly before ']
'clock, tile tirst ballot resulted ten j v
two in favor of an acquittal. It Is ' ^
iderst >od that the twt jurors who 1 s
listed upon a convietym for man- | r
Liiglitor licld out for b|urs. While, i
course, it is not definitely known t
lat occured in the jury room, it is ' c
id that the first of thujurors to in,t
upon a verdict of manslaughter, v
io joined the majority, was Mr. J. t
Jumper. v
This then left Milton iliarpe as the j
ly juror who stood beween James r
. Tillman an i ills aquittal. For j
iurs and hours the nher jurors j
gucd witli him so as t> secure his i t
iim-iii t<? a verdict, it breakfast v
mc Mr. Sharpe was alot- and Insist- |<
i upon ins position. A about half- i,,
si 10 uVlnck he finally Onsen led to ^
verdict. and the foremaiof the jnry r
lltd for pen and ink wilt which to j >
rite the verdict, and knotted on the ; p
or to announce to the expectant I j<
>nvd that a verdict liad bun agreed ; t,
ton twenty hours after th jury had ;
tired to frame its verdict. j |t
Karly in the morning, who it was n
iderstiMtd that .Inror Jumprt, who is j
p.;le looking young mill operative, :
,d acquiesced in the verdct of ac- n
illt.tl, the impression gliw strong , ?
d fast that it would not b long be- I'j
re "Not guilty" would t- written w
ross the face of the indlctnent. ai
A TAI.K WITH TilK Jl'ltVKN.
1 have undertaken to find ut from
e jurymen themselves whaUys the i
dominating reason for t he reislon. 11
verai of the jurors stated that he re j m
is no "predominating reason, but 'a
hers explained that the ten irors "j
,d come to their conclusion for "
nous reasons, hut that the mirrity, w
ter being convinced that Mr. Jonles
made a demonstration whe he ' n<
l'L Col. Tillman at the transferor- ! ul
r. acquiesced in the verdict. ^
Mark you. this concurrence Inthe P1
cw that .Mr. (ion/.ales did ma a
miiiimi,iiion us xivi'ii .is me r?on
r the minority joining tlie majCty ^
ew, alt tio(i?li It may have V>n ('c
nply an excuse fur the juror. W>n
e foreman of the Jury knocked ?n 80
e door to announce that a yct
had heen agreed upon every ie
lew as far as such a thing could 3 'y
ssihle that it was a verdict of " ta
illy," liecause tlie tirst report tit or
me from the jury room was to t* 'n
ect that ten jurors favored an a
it till.
Judge Clary promptly dlrectt (v
.ughman to bring tlie prisoner, Co
ines II. Tiliman, into Court ?n'hj(
oners wore sent out for Col. Till
m's counsel. It was not many mlnm
es iM'fore Col. Tillman appeared 11?jr
e Court room and, sitting around ,
in, were all of his counsel and quite ^
number of iiis relatives and friends. ^
I
Solicitor Thurmond was In Court and w
he asked tiiat his associates Tor the h
prosecution In? called. There was some
delay in Uridine the lawyers and Mr. C
Thurmond tinally suggested that the h
jury might at least l>c brought out. ii
TIIKJUKY COMKH INTO COUKT. ''
After the jury tiled into tlie Court
room and took seats the situation was w
critical and the stress intense. Kvery
.one seemed to Ite expecting something,
and every one knew what that some- !r
thing was, hut Mr. Thurmoud's asso- ;
ciates had not come into the Court ^
room, and he was asking that the
Court wait until they arrived.
Judge Gary tinally broke the strain e:
hy saying that he saw no use for tl
furthur delay, as the wait involved an is
unnecessary strain, with tins, Mr. di
Koon, ttie foreman of the jury, arose bi
and handed the indictment to Mr. G
George, the clerk of tlie Court. di
"One minute," Mr. Clerk, said ai
Judge Gary; "Sheriff, if any one In w
this Court room makes any demon- 01
stration, or If there is anv violat ion of Si
the rules of Court, you will make a
prompt arrest and bring the party be- ti
fore me, and I will deal with the ease, tl
There must be no demonstration in at
this Court." in
CLERK GEORGE HEADS.* "NOT
GUILTY." ^
Then Judge (iary permitted the
clerk of Court to read the verdict of ^
"Not guiltv. The closeness of the slJ
warning of Judge (iary and the read- p.
ing of the verdict uo doubt did much y
to keep down any hurrahing, but there
was some enthusiastic friend who or
could not rest rain his joy and nave one m
good, hard cheer, hut nothing was (j(
done with him. As soon as the verdict
was announced Col. Croft and the
other members of counsel for the defence
nathered around Col. Tillman :if
and congratulated him warmly upon c'
his acquittal. I ar
COL. TILLMAN CONGRATULATED.
I tc
Quite a number of Col. Tillman's Vj
kinsmen have been devoted and con- m
slant In their attendance upon the er
Court, and they followed counsel in j)e
their congratulations to Col. Tillman ^
For five or ten minutes the whole1
Court was given over to Col. Tillman. , wj
The members of counsel for the de- ru
Tence then went to the jury that sat ,
nearby and extended their personal!
thanks for tlie verdict, and later on
Jol. Tillman himself went over to the |t1|
|ury and shook hands with each ;i^,
member tiiat had given him ids liberty.
it was wliile going from one jury- , Wl
man to the other that Col. Till* s^;
man seemed to most show his apprnci- ,je
Km of ins liberty, because his eyes k,n
jegan to water just a bit. From the
ury Col. Tillman walked over and (j0
Jiook hands with Judge (iary.
RELEASED FROM CUSTODY. C?J
It took only a few minutes to draw
lp the formal order releasing .lames
1. Tillman from the custody of ttie
her ids of Richland and Lexington Co
sountics, as the result of the acquital.
While this formal order was benp
prepared Mr. Georpe, the clerk of
^ourt, took the two pistols, those Till- , (jj(
nan wore on the day of the trapedy,
?ut of liis drawer to hand them to Col.
Tillman, and as he did so Col. Tillman vvii
vaved l?othof his hands, as if to spurn |
he offer, and said; "1 never want to 1 sul
ee those thinps apain." There were 1 J a
any requests from those around for '
tie rlpht to own of these weapons, j de;
mt the smaller pistols was sent to its ed
wner. ap
The Luper mapazine pistol, from thi
vhieh ttie fatal stiot was tired, was ma
aken off by a relative of Col. Tillman, i cir
vho wished to exhibit it in Aupusta. pel
udpe Gary, before sipninp the order
eleasinp Col Tillman, asked the Slate thi
f there was any objection to his sipn- die
np such a release, and after lie was i
old that there was not. the order juc
tras sipned and Col. Tillman left the no
lourt room, surrounded by about fifty thi
f his friends and relatives. ,-as
There were no ladies in the Court tin
oom at the time ttie verdict was read, vei
Irs. James 11. Tillman was in the rny
arlor of the residence portion of tiie sell
ail, iiwaitinp the return of her hus- pie
and. and as soon as Col. Tillman had not
one into the jail to see ids wife he an(
;ft there with her to po and see his (
lother, who was at tiie Kaminer
iotel, but siie met him oil the street, |
etween the jail and the hotel, and, ^
lirowinp her arms around her son, (jt,r
doomed him l?aek to freedom. Col. j^y
'illman then went into the hotel, ,t"
'ih*re ho had a regular levee uf friends \\y
nd relatives. tl,r(
LKKT KOK EDOKFIKLD. |
Col. Tillman was Invited to dine, ^
id after that he arranged fur his ')a(,
mther. Mrs. Norris, bis mother-inw,
and liis wife, Ins little girl and '
I nisei f to leave Lexington on the "> ()Ut'
clock train and go to Kdgetield, | ^
here he proposes to resume the prae- (ce
of law. He said Thursday after- a[i (
ion it was too early fur iiim to talk .
>out ills plans, but the prospects are
lat he will remain at Kdgetield and '
actlce law there if he can so arrange t,u;
He might stop over at Trenton . ,
id see Mrs. It. It. Till.nan, who was j
veraly wounded In a runaway acci- '
mt several days ago. ! |
During the progress of the trial for
me reasons the Jurors refused to alw
themselves to he photographed, v s
it Thursday afternoon they careful- ( av
arranged to have a group picture as a
ken. Most of them left Lexington ' arc'
i tlie afternoon train for their homes
the various parts of the county. 1
' brer
BOMB AITVSITK KKKI.KI TIO.NS. (jj
Is the time ever coming In South whi
irolina when there will Ik* a return nun
reason, and when politics and pas- ! slat
in will not he dominant? com
Perhaps the trial of lames 11. Till is m
an and his acquittal will so tend to lngn
aw public attention to the condi- land
ins in this State, to the juries, to who
e laws tlie sway of passion and poli- { peri
;s that the life of N. G. Gonzales | old i
i ?
rill have been last to some good
is native Stale.
Oil. Tillman shot Mr. Gonzales
Olumbia on January lf>, 1903, and
as been in jail in Columbia and L<
igton since tliat time?ten moni
1 all. and even that is more punii
lent than some folks thought
ould receive.
In that time he has become a I
:iin and more reserved and quiet
tanner, but otherwise he appears
d the same James II. Tillman as
ore.
AN KXCEITIONAL CASK.
There has never been a cause m(
irnestly presented or defended th
lat against James II. Tillman,
a decided exception to tlnd a f
tzen lawyers engaged in one caj
at such, was the fact in the trial
ol. Tillman, it has taken fourte
iys of actual work to get a verdtt
id this does not include the days
hich recesses were made necessa
i account of the illness of Jul
liarpe, or Sundays.
The actual trial has taken neat
iree weeks, and the week befc
lat commanded the attention of t
torueys and others who were wale
ig the developments of the case a
ic arguments, or fixing the time 1
le actual trial to begin. The u
?ual interest in the case Ir indi*v.?
i the great demand for bullcti
om Lexington concerning the i
lit of the trial. Hundreds of nev
ipers and individuals asked for bul
ns stating the mere result of t
i.se. and both telegraph ofllces we
1 a constant rush all day sending o
essages concerning the acquittal
>1. Tillman.
8IIOWED OllEAT INTEKEST.
Senator Tillman spent only one di
. the trial, but that was quite sul
ent to show his interest In the cas
id it may lie noted that he has cai
illy watched every phase of the ma
r, and has been constant In his a
ce and suggestions. Senator Ti
an would no doubt have been prt
it during the entire trial had he n
en out of the State in the ear
lys of the trial. Recently he h
en in constant attendance on t
ife, who was severely injured in
naway accident.
ALL HONOR TO JUDUBOARY.
In the closing statements concer
g the Tillman trial. It is well
aiu speak of the satisfaction tin
octal Judge <?ary gave. He did h
>rk well and, under trying circuc
inces. made prompt and uatisfactoi
cislons. He has done much for h
od reputation.
The above account of the release <
>1. Tillman was written by M
igust Kohn, for the News ar
urier, from which-paper we clip i
A CARD OF THANKS,
il. Tillman Hayn He Deeply Hcgro
Mr. Gonzales Death.
After his acquittal Col. Tillma
:tated the following card of tliank
lich he asked should be given tl
dest possible publicity:
"1 feel very grateful as to the ri
It of the verdict, but at no time hi
ipprehettd any serious consequence
"I, of course, deeply regret tl
ith of Mr. Gonzales, but 1 was for
to do what I did. I have nevi
prehended- a conviction, for 1 fe
at 1 did no more than any oth<
in would have done under the sam
ouinstances, and what 1 was con
lied to do.
"My position was fully stated i
2 testimony 1 pave on the stand.
1 ask for a change of venue becaus
convinced, on account of pr<
lice in Richland County, 1 coul
I pet a fair, and impartial trial i
it county. 1 felt as soon as m
ie could be presented to an impai
1 jury 1 could be vindicated. Th
diet has justified the correctnesst
judgment. Lexington County wa
ected by the prosecution, its pec
are law-abiding and have long bee
ed for the fairness of their verdict
1 been praised by the press.
"Signed.) .lames H. Tillman."
A l.ynChliiK Bee.
Valter Jackson, the convicted inui
er of Fonnie Mack, a 6-year-ol
, was taken from the county jai
Hamilton Mont., Thursday nigh
a mob and lynched. Shortly be
s midnight seventy-five maskei
n, all armed with ritles or shot
is, forced their way into the jai
1 overpowered jailor Stephens
kson was found crying in the dark
portion of his cell. He pleadei
Hiusly for mercy, but was rushei
into the street where the mob ha<
rdy provided themselves with i
e. i rm was quickly thrown ove
lectric light pole and the noos?
;t*d about Jackson's neck, lie wai
L'd if he had anything to say, bu
1 pleaded for mercy. The mol
n pulled him into the air, afte
ch they quickly dispersed. Not i
l was fired.
Ii*r?l Times on (jrnml Cayman.
ccording to information reeeivec
iteamship from Georgetown, Granc
man, the conditions on the islands
result of the hurricane and Hood
deplorable, and the people are scfng
from fever. It is also stated
t the supply flf food Is scant. The
iking out of tlie fever Is attributed
ctly to decaying fruit and sap tree*
ch were felled by the storm and
lerous cattle that perished. It is
ed that small donations of food art
ing from various sources, hut there
lit KUllicicnt to relieve the sutleri
of the poorer classes. On the isI
arc only two physicians, one of
in is a young man of limited exetice,
while the other is rather an
mau.
J
SHIPS WRECKED
he By the Do;an in the Late Storm
"K Which Raged
ih
he OFF NORTH CAROLINA COAST.
bit
ln News Iteacbo* Norlulk of Klnnnteru
to ltiMht an'l Lett. Splendid
Work Done by the Dlfe
Having Station.
)re A dispatch from Norfolk says the
an tirst news received from the North
It Carolina coasts since the hurricane
ull that ratted there ten days ago dispels
se, the hope that the terrltic shoals off
ot Currituck and Hatteras have not
en claimed their quota of the craft,
ct, Two vessels are known to have been
on lost ou that stretch of the coast and
.rj Turther reports are expected to bring
or news of other wrecks as at this time
three schooners are missing together
rly with one barge. Two schooners, and
>rt- oarge in addition to those wrecked
lie between Cape Henry and Dam Neck
:b- were lost during Thursday and Friday,
nd The crew of the schooners were saved
'or hut the barge went down with all
u- hands on board.
ed The tug Buccaneer, Captain Joseph
ns Lane, reports that the barge Oracle
re- foundered oil Cape Henry with Cap's
tain Cookson. her cook and three seale
men, all white. The tug sailed from
he Baltimore, towing the Oracle which
re was coal laden. (JIT Hod island the
ut storm struck her on Thursday and the
of barge with her crew went down. The
tug could not approach the heavy sea,
and was forced to come here for safeay
tyObserver
A. W. Drlnkwater of the
' Currituck station, reached Norfolk
' Wednesday by the inland route and
. reports the loss of the schooners Ma(j
bel Rose and J. W. Halden. The lifeII
savers had seen tlie Rose about 2 p.
>s m., Saturday with lier crew iu the
(it rigging, but she was then two miles
out at sea and nothing could be done
,*s for her. At 4 a. m., Sunday the life'
-.avers succeeded in shooting a line
a across tiie wreck and within eighteen
minutes after the tirst man had been
started ashore the captain and crew
of seven men were on the beach In
n_ safety. It is estimated that the cargo
t<( of lumber carried by the schooner
lt Rose was worth more than $">0,000.
Is Three-masted schooner J. B. Hoi- - -rr-r
n' den, of Suifolk, is ashore near |False
rv Cape, Va.. ?nd is a total loss. Uef
js captain. W. U. Crammer, of Suifolk,
and her crew were taken otf by the
r,f life-savers and are safe. The Holden
r was heavily laden with lumber and in
|(j attempt to save at leat a portion of
t her cargo will be made. The ocean
going tugs accustomed to stand oif
Cepe Henry awaiting the arrival of
Baltimore bound schooners were unable
to stand the storm outside and
came in to Norfolk.
They report that the schooners
Isabell Gill, May Lee i'atton, Jennie
,n Thomas, bound from the south for
s Baltimore, are not accounted for. The
^ wires to the coast are oown but there
is grave reason to fear for the safety
of these vessels. Cautain Thomas.
s- commanding the schooner Henry S.
Id L^tle, wliicli came in Wednesday ;in
s. distress, is reported in the marine dis?e
trict as saying that he saw three
c- schooners in a very dangerous predicajr
ment, and whicii seemed to be in
it danger of going on shore. He mansr
aged to keep clear of the coast and
e made this port. It is regarded as
i- possible tlrat the Gill, Thomas and
l'atton may have made some port and
n the fact not yet reported.
In an Earthquake.
^ The Norwegian steamer Ellida,
Capt. Petersen, which lias arrived in
n Mobile, was caught in an "earthquake''
at 2.f>"> A. M., September 20,
r tourteen miles otT the Cuban stiore,
e and the shock, was so severe that it
j. threw the men from their bertlis and
s knocked all quite violently about.
} Capt Petersen says the Ellida was er
route to Santiago from Venzuela with
s cattle. The engines were running
full speed and every thing was all
right. The water there is from 1,200
to 1,400 fathoms deep. There were
no other vessels in sight. Suddenly,
with no warnings whatever, the
" Ellida seemed to have run aground.
' She quivered, creaked, her propeller
1 was out of water, and it seemed as
though the steamer was constantly ris'
ing on the crest of a hidden reef.
Then, in the twinkling of an eye, she
* seemed to absolutely drou into t.he
1 very chasm of the deep.
Bold ltolihers.
j One of the most daring hank robj
beries in Illinois was committed early
j Wednesday morning at Berwick. Knur
t men, armed to the teeth, in a wagon,
r drove into that town and entered the
e Farmers' Stale Mank, where they
s forced the combination of the big
L safe with dynamight and secured $2,,
800 in cash. The explosion awakened
r a number of residents of the town,
k who appeared on the scene, but at
the point of nuns they were compelled
by the robbers to keep away from the
hank folding until they had loaded
their booty into a bunny. The rob,
hers then drove olT In an easterly
, direction, but were not followed by
! the territied citizens, who were panicstricken
by the boldness of the robj
bery.
A Lucky Ne?ro.
I Andrew lieared, a negro, who has
i earnened a modest salary in the
I machine shops of the Louisville ana
i| Nashville railroad in Iiurmintrhain,
Ala., for 20 years, has sold to the
: makers of the .lanney car coupler a
patent car coupler, which he invented
10 years a^o and has perfected since
' until found acceptable to eminent railroad
authorities. Heard is to tret
i j i 100,000 and royalties for 17 years on
j all couplers made on his m >del.