The Marlboro democrat. (Bennettsville, S.C.) 1882-1908, October 09, 1903, Image 1
WI
"DO THOU L?B?BTY GREAT. ' lilSP?RE OUB SOULS AND MAKE OUR'tlV&MrffHY. POSSESSION- HAPPY, OB OUB DEATHS GLORIOUS IK THY CAUSE."
BENNETTS VTLBE, S. C., EBEFj^-JF, OCTOBER 9, 19U3.
TILLMAN ON TBIAL.
?
?v'^j?rra'?iment of tho Man Who
Xilled Editor Gonzales.
- ,? ^
THE JURY QUICKLY BEOUBED.
V ..The. Prisoner, When Plnced In the
Box, 'pienils "Not Guilty" to .
.' the Ohnrse of Murder
in a Firm Volco...
: James H. .Tillman, some time
' lieutenant governor of South Carolina
. and charged with the murder of N.
G. Gonzales, editor of The State, on
- the 15th of January last, a.few days
-. before tho expiration of his term of
o'lllce, was Monday placed on trial for
P his life, at Lexington, S. C.
The assemblage In the court room,
which Tar from crowding, scarcely
realized for a*momcnt that the trial
, would actually begin, so freqnet have
Jibeen the predictions or further delay.
? . Two sessions courts have intervened
; in Richland sinCe the homicide, the
defense obtaining nonti nuances at.
\- both . and. a change of venue at the
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 ?s follows: G. W. Croft, P. H. Nel
son, 'O. W. Buchanan, George John
stone, Efl rd & Dreher, W. II. Sharpe
G. T. Graham, G. ll. Rcmbert and C.
L. Please. For the State, besides
Solicitor Thurmond, were Gi D. I'el
' linger. Andrew Crawford, Wm. Eliott,
Jv T. L. A sbi 11 ;i nd L. T. Kt ti rk ie.
The" prisoner's mother, Mrs. D. D.
Tn.man, ina wile anu several lady
friends, were in the court room* most
of the day. Senator Tillman was pres
ent.
THE FIRST MOVE.
) Attorney Graham, as soon as the
i -judge entered, rose witli a copy ot
? The State in hand and said. "1 think
j'it my duty to call to the court's atlen
-tion an article entitled 'Jugglery
i r- With the Courts.' "I object," Inter
f polated the solicitor. We are here for
i the trial of this case and such matter
?5 ?B not proper nor relevant to it." .
V . Judge Gary said: "My impression is
! that Mr. Graham desfres to make a
! statement in behalf of thc Loxington
bar, and as such! think it proper to
hear him."
Mr.Asbjll of the State's counsel mi
nidress (he court and said; "1 consider
? myself a member of the Lexington bar
S and 1 have heard nothing of a state
ment on the part of the bar."
T Judge Gary-It would not be proper
to hear the statement unless it comes
ufrom the whole bar. 1 so rule.
jfe--Mr. Sharpe remarked that it came
lr'>yfroiu the majority of the Lexington
bar."
"S '8WEA.HINO THE .TU KY.
"Nearly; if not all the jurymen were
V placed; on their voir dires, and, .with
. ' viut.. ?x;;i:p?4o;''iy they-swore that- they
i liad'expressed no .opinions and were
. ''conscious ;Oi no bias for or against the
i prisoner, an attitude remarked by
i'sonie as singular in its unanimity, con
Vside'ring thc wide publicity the case
.imV. received. After Parnell had an
?.s.w?rcd the usual questions thc sol iel tor
linquired if he bad a registration cer
1 tillea te. He replied atlirmativoly. The
r?olieitor swore Clerk ot' Court George
linnd Introduced the county registra
I'tion. books' and on them Parnell's
thumb ?lfi not appear.
I A lengthy argument ensued. The
: defense presented testimony that t he
\ original registration books had been
;lost.. or not returned when used in an
i election concerning the annexation ol'
?a part-of rbis countv to Richland
county.
;. Messrs. Croft and Johnstone argued
'.that the name might have been omitt
ed from Gie books and t he State hav
? lng propounded the question on the
,Vior dire had waved the right to ap
neal to the books as the highest evi
dence.
?* ' STOOD 111M ASI 1)1!.
Judge G,ary held, however, t hat to
be a legal juror one must heil qualified
elector and directed the inquiry to
that point. Ile was about to allow
Parnell logo to his home 12 miles dis
tantand search for the certMicate when
Mr. Thurmond consented to accept
his ruling wil li the evidence at band.
His honor ruled that taking Par
nell's positive slat.euio.it in connection
with.the apparent irregularity of the
books he would admit him to be
sworn, whereupon the solicitor excused
Parnell ano so yielded one of his live
challenges. Parnell was the second
pian drawn, and after his case was dis
posed of the remaining ll jurymen
were rapidly secured.
:' The Stale 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 lull.
TIIK .IUKOK8.
: Four of the SO, A. D. Fallow, Joel II.
Geiger,'!. W. Dreher ?ind Simon Cor
.l?y were excused by the court for one
or another cause.
. Of thc jurymen selected Say lor, Uis
inger, Leitzsey, Koon, Sharpe,Shealey
and Price are farmers: Wood, Lyhrand,
Horley and Jumper are colton mill
operatives, and Hicks is a carpenter.
Wood is a boss ot" a weave room.
! The following jurors drawn were
challenged by the defense: M. M.
Kleckly, Eugene C. Williams, Luther
J. Hook, J. Laurence J limper, John IS.
Stack, L. O. Wil-on, G. M. Lewis,
Thos. J. Hoof, Geo. W. Derrick.
The following were challenged by
the Slate: John H. Heed, John J.
Younginer, Noah ll. Taylor, .Murray
Parnell and J. Eugene L?rick.
Tl IK PUIBONKlt lUtOUOlIT IN;
-A recess of half an hour was taken
at the solicitors request during which
the prisoner was brought in by Sherill'
Caugliman. When Hie solicitor an
nounced the State ready, Mr. Croft in
quired, "ls Mr. Ambrose E. Gonzales
in court" and if in response to a sub
poena duces tecum issued for the de
fense liad he brought the liles of the
Columbia State from April 15, l(M)2, to
September 15, \\m.\. Counsel for the
State .replied allirmat ively, and Mr.
Croft declared flint t hough some of Iiis
witnesses were st ill absent they would
he here and lie could safely announce
tho defense ready.
Tho prisoner (intered thc small semi
octagonal dock, which is elevated
atiout 12 inches from thc Door, and
stood in it for arraignment. On one
siqestood Mr. Croft and on the other
Mr.-helson. Clerk of Court George
.*r.***tU0 indictment ina matter of
W -Mid the prisoner replying to
Vi . 'on, said, "not. guilty"
' out t he room.
ni'^ ' liss ion to
"ti and
jl?arg?d Judge Gary directed thesherll?
Lo uave two of bis constables swum, he
instructed "td take .charg?" of.- the jury
?nd .keep them together, in .the . recess
ind to allow none to approach them
with regard Lo the case,
Mr. P. ll.'Nelson of prisoner's^oun
?el here said:' "While no literature
bearing on thc case should go Into the
Jury's hands 1 th|nk it proper to.rc
quest that in view of utterances In the
(Jolumbia Suite 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 lie so instructed tho
jury. The court then adjourned until
A p. m.
TAKING TESTIMONY.
Tho hearing of testimony by the
Stute WHS commenced alter ihe recess.
lt was mainly confined lo Policeman
Boland's story ol the arrest of Till
man, to the identification of Tillman's
pistols by Slieril? Coleman and Olerk
of Court Walker, together with Hie
buhot from the German magazine pis
lol which pierced Mr. Gonzales through
und through, und lo the identificatiuns
of clothing worn by him willi its bullet
holes, on tlie day that he was mortal
ly struck, tue hitler hoing sworn lo by
Messrs. Hoyt, Wood and Wallace ot
The Stale. Tue court then adjourned
to Tuesday.
Mr. Ambrose E. Gonzales, eldest
brother of Hie late edilor, was present
throughout thc day.
Such is an outline of the fast day's
story. Every point was contested
closely as it arose. Brief delays were
nut infrequent and the indications ure
that the trial will be lung draw.n out.
Anio time was the court room uncom
fortably crowded. Al no time was Hie
leasl excitement manifest. A stranger
would scarcely Infer, except, from Hie
great array ol luwyers, that a case of
uncommon inteiest was engaging the
Lexington court of sessions.
COUNTRY SCHOOLS.
Some Trs???f-s About Thcsn TZ.a?
Parents Should Itciiiciiiber.
One of Hie greatest mistakes willoh
many boards ol' school trustees make,
says Hie Commoner, is tu hire teach
ers with refereuce' merely to the
amount of salary stipulated for. A
"cheap" teacher is generally an in-'
experienced line, to say the least, and
cuuntry chlliren are thereby robbed
ur Hie benefit they have a right tu de
mand from Hie muney spent for theil
Instruction. The country school, in
too many instances, seems tu be given
over tu Hie ''prentice hand" uf young,
inexperienced boys and girls, who
shuuld themselves-be gulng to school
and the muney npportinoned fur the
maintenance uf Hie school is thus
worse than frit! ered away, bc cause ul
Hie careless, unscholarly way in which
the sohoni work is carried un. Coun
try children, like city children, shuuld
have the advantage of good teachers,
but we are surry tu say that in- many
instances, the school is given to the
uno who will take it fur the least
muney, regardless of fitness for the
place, when Hie .additional tax of a few
cents for each taxpayer will give a
sum that would hire a tether who
Would 'nut only be a'blessing in " thc
school room, hutu power fur untold
good among the young peuple nf Hie
neigheorhood.
In selecting ?a man tu care for the
stuck, regard is had to his fitness foi
the work, and he is usually under sur
veillance; neglect or treatment tend
ing to induce deteriuralion in value,
of the animals under his care, is at
unce resented by Hie owner; The wise
farmer considers it poor economy to
let a. good hand gu because one of
interior qualifications can be had for
ii few duhars a munlh less un his
wages, and these wise pr?cautions
should be exercized to a mud) greater
i'Xtent 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 ur not the teacher Is even
quail lied to give oversight to the
moral deport nient- of the children in
Iiis or her charge? What do the par
ents know, exept by hearsay, (if even
that) of the amount of intellectual
growth the child is making, ur if it is
progressing at all? How often du they
visit the schools? What du the direc
tors kuuw about the wurk of the
teacher they have given the people?
Whose business it il? Who makes it
iMir business?
A farmer who would leave thc care
of the slock entirely Lu the hired man,
never going near it, himself, would
be. considered a very slack "hand,"
but very few parents visit Hie schools
where their most precious belongings
aie learning more than book lore. Do
you ever think that your Indigence
encourages any tendency the teacher
may have to slight ur neglect the
schuol duties? Where visitors ate
frequent, Hie teacher, as well as the
pupils are anxious tu have things in
shape to merit approval, and we may
not measure the good our presence
and oversight may do to both. IO von
at the cost of a few additional dollars
to yourself lind others, you should in
sist on giving your children the bene
fit of a teacher whose broad
knowledge, scholarly training and
ambition tu earn the wages given
him, would result greatly lo their ad
vantage. Children, as a rule, care
very little to gu to school, except fur
the excitement of the play-ground,
and the ordinary "cheap" teacher has
neither the mental ability, moral
capacity ur scholarly attainments
willi which lo awaken Hie interest, or
amuse Hie mind of thc little .unes
placed In Iiis or her charge.
Found in a Uiver.
The dead body of Robert Padget?
who has been missing for several days,
was found Wednesday floating down
Hie river at Williamslon, Ni C.' It was
In an upright position and people un a
passing steamer thought the mau
was alive until within a few feet of
the corpse. Severe bruises 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 muney was still in his pockets.
killed hy a Full.
Mrs. M. I). Howe, of West Point,
Ga., as guest of her daughter, Mrs. S.
T. Whitaker, in Columbus, Ga., had
the misfortune to stumble and fall
while going down the steps at their
home, receiving injuries which proved
fatal one week after the accident
happened. She died in Columbus at
(J.JJO o'clock Wednesday night and her
remains were brought to West Point,
Lia., for interment this morning.
: MURTS FOR Lim
.* .-;
Tinman's lawyers .Wanta to Exclude
. 1 :. ' the Dying Statement of /.
? --. Svj
THE 8TATE'8 DEAD EDITOR
Prom tho Kori} of tho Jury "Who
. are to Say Whether Till
man id Guilty or
Innocent.
The Tillman case is still being heard
at Lexington. The first witness on
Tuesday* was Mr. Geo. M. Kohn. He
test!lied as to how he got the bullet
which killed Gonzales. He.took it
from a lad and turned il over to the
sheriff. . Di's. Guerry, Taylor and Pope
were tho next witnesses. Bf5 Guorry
Said he did not have any hope for Gon
zales from the Hist as he regarded his
wound a fatal one. Dr. Taylor corroho
lated the above testimony. He de
scribed the course of the bullet. The
solicitor asked him a question about
the position of the prisoner and Hie
dead man when thc bullet was fired.
The lawyers had a long discussion as
to whether or not the, witness was an
i xpert in such matteis-and "whether
the question should be answered.
Finally, thc wt-ness was allowed to,nn
SW?rand he said from the direction of
thc bu Ucl it must have bc u lired
downwards, and that lt. had been shot
at the ?ide of the victim, and could
tut have been shot at the front. From
the very first the witness had recogniz
ed that the wound was fatal, though
lie was not certain of lt until after the
operation.
KIKEI1 FUOM THK SIDE.
On cross examination he said from
the nature of the wound it must have
been tired from the Side?' In answer
to Mri Nelson he said that the opera
tion on Mr. Gonzales was performed in
tiiu hope of recovery. Mr. Nelson put
question sb that,it would appear that
Mr. Gonzales submitted to the opera
tion in the hope of recovery, and on
redirect examination bc said that Hie
operation was performed because
physician thought it was necessary
and Mr. Gonzales must have had that
hope, else he would not have consent
ed to thc operation: The witness
test!Hedi however, that Mr. Gonzales
had said not hing to him and the only
reason he said that. Gonzales bad hope
Was because he had-consented to the
operation. All this was brought out
in order to prevent a declaration of
Gonzales, after he was shot, that lie
had sent ho message to Tillman, being
introduced as evidence. Thc law re
quires that a dying declaration cannot
bc admitted as evidence if tho-dyhig
man had hope or reason to believe he
would recover.
Dr. Pope testified that he heard
Gonzales make a statement after lie
was taken to the. hospital, a d Mr.
Nelson asked quest ions, endeavoring
to show that morphine dulled the
mind and prevented one from having
a clear understanding. The lawyers
were in another wnfngle 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
Gonzales said t.OL,h}m-sbon-aftoi- tho
! shobting-'Wliile he was lying In the
State ollice. ?i > '* i ?.>;.
CONTESTING A POINT.
Lawyers for the defense objected at
nearly every point and the Jury was
sent out ol' thc room while the ques
tion of admitting the dying declara
tion was discussed. -
The admission of a declaration by
the deceased editor is one of the chief
points In the case, because it directly
contradicts any statement that, Gon
zales sent any message i o Tillman and
also gives Gonzales' stat ement I hat. he
Aas crossing the pavement in order
hot lom el Ti hnan on he day ol* Hie
tragedy and was not approaching him
in a menacing way as the prisoner had
asserted. Under the ci icu mst ames
t he lawyers fought most, vigorously inl
and against t he ad mission ol any dying'
dcclaruti ii. While the jury was out
Dr. Pope was allowed to tell what.
Gonzales said to him and that was,'.'1
am dying." ' V
The fl?tense argued genera.'lyj:(?hat
Gonzales was under ttie influenceof
morphine and that even were-be iiot
the fact was that he submitted to lin
operation because he had hftpas^Qf re
covery, and, ace rding to law,,;if lie
had any hope whatever, any de'cfeit
tion made by him was incompetent..
The prosecution argued t hatCoiizak;s'
Statement, 1 am dy ii g," was".positive
evidence t hat he had no hope and the
operation was performed not because
Gonzales hail any hope, but as an act
of humanity by physicians, who, under
such Circumstances, will do all they
can to save life.
.lodge Gary tinnily admitted the tes
timony and Dr. 1'ope fold the jury
that Gonzales said to him In a low tone
of voice-"I'm killed." Later, he saw
Gonzales inakiiigasialement tostenog
ra pl ie rs at the hosp.tal, the purport
of which he did not know. At the
Stale ollice and at thc hospital, Gon
zales was in a critical condition, and
tlie witnesses did not have any hope
lor him. Gonzales1 min i was clear cn
both occas ons. If the operation had
not been performed Gonzales wou.d
haye died from bleeding in twenty
lour hours.
RELATIONS LIN PLEASANT.
A. IO. Gonzales, brother ol' the late
Ts*. G. Grnzales, then took the stand
and test I tied that thc relationship be
tween his brother and the d?tendant
had hot been pleasant.
Mr. "Nelson asked whether he had
not heard N. G. Gonzales refer to Till
man as a cur, a thief and a coward.
The slate objected, but, the court al
lowed the quest ion. The witness said lie
could not remember that, but he
thought that all X. G. Gonzales said
was said in t he Stat e newspaper. Ile
did not recall that beever heard N.O;
Gonzales discuss privately Tillman's
character.
Mri Nelson asked whether as a mat
ter of fact he did not know that N. (J.
Gonzales entertained hostility and ma
lignity towards .lames H.- Tillman.
On object ion being made, th? cou rt re
fused to permit/the question. The wit
ness said that, all he had ever heard
his brot her say was expressed in the
editorials. His brother was a man of
few worsd. Ile wrote more than he
gossiped, lt was a rare thing for him
lo denounce any one. He rever made
a threat. If he thought it necessary
to denounce a niiin his brother w mid
go to liim to his lace. He never so fai
ns he knew denounced any hotly
privately.
Mr. Nelson tried to bring out that
N. G. Gonzales has denounced Till
man before he was In public life. The
wit ness said he could not, answer. Mr.
Nelson asked whether witness did not
know that Iiis brother had hitler feel
ings against Tillman, and thc witness
said that for several years thc relation
between them were certainly not
friendly. Mr. Nelson insisted on a di
rect reply and the witness responded
that bc did not know whether bc could
answer. Mr. Nelson insisted on an an-1
swer,."Yes?'or "No." Finally lie re-L'
?lied that he did hob know-that his"
rotHief's feiolihg-were bitter or hostile;
towards Tillman, ? ; j
"The witness said his brother hos'?ab:,
solute.?ontrol of tho policy of the State'
newspaper, arid notwithstanding the
relationship between him and his
brother, which .were.always pleasant,
he could not say that his brother had
expressed bitter feelings against Till
man. Ile may have made bitter re
marks buf all the witness knew of his
opinions were derived from his edi
torials There was no occasion for N.
G. Gonzales to express his opinions to
the witness. It is poss ble, however,
that he might have said to the witness
privately that Tillman was a thief, a
liar, and a debaunchce.
TOOK HIS PISTOLS.
Chief of Police Daly of Columbia said
Tillman was delivered into his custody
on thc day of thc tragedy. When
Tillman arrived in the police station,
Policeman Roland had one pistol be
longing to Tillman, and witness took
another from the prisoner, getting it
from Tillman's hip pocket. Ile said
that Xvi could not recall 'whether
Tillman had voluntarily given him the
pistol or not. He may have Intended
to oller it, but the witness took it from
his hip pocket. Deputy Sheriff Cath
cart identitled Tillman's. pistols and
said that he had turned them over to
the clerk of the court. This testimony
was adduced to get the pistils in evi
dence.
QOT THE PISTOLS FIXED.
W. Ii\ Sc i gb ls gunmaker of Colum
bias was put on thc stand and was
shown the magazine pistol owned by
James H. Tillman, lt had been
brought to him thc day before Gonza
les was killed to be repaired.. It was
brought by Fred Dominick who called
for it and received it on the morning
of the tragedy. Thc bullet which had
been previously introduced as evidence,
wosehown Mr. Seiglitz and he was
asked to say whether it was of t. e
same calibre as one that might be
tired from the pistol with which Till
man shot Gonzales. Ile was allowed
to go out with the bullet and a cart
ridge from.Tillman's pistol in order to
weigh them. When bc came back the
lawyers had much discussion as to
whether or nor. Mr. Seiglitz was an ex
pert, .lodge Gary decided that- he
could testify and Seiglitz testified that
the bullet was of t hc same calibre as
that carried by Tillman's pistol and
could have been Hied from it.
SAW ms PISTOL.
Dr S. T. D. Lancaster, a member of
the. legislature from Spurtanburg, tes
ti tied t hat on the day previous to the
homicide he had seen a pistol in the
pocket of tlic overcoat of Tillman.
Thc latter was standing on the state
house grounds, near Gervais street.
Witness saw thc handle of the pist ol
distinctly protruding from thc pocket
of Tillman s overcoat. On redirect ex
amination the witness insisted that he
could not be mistaken about what he
saw inTilhnan'scoat tail pocket.
W. B. Ganse, a member of the legis
lature from Florence, was the next wit
ness. He said that during the last ses
sion of the legislature he met Col.
Tillman iii front of the "sky scraper,"
in Columbia. It was the first day ol
t he session. Tillman was In company
with others and when_tuev-talked
about where each wai staying, Tillman
"sald'he had not told his wife where he
was going to stop, but that he had told
ber that lie had put|some of the State's
editorials in his .pocket and he might
stay in the penitentiary.
liv Ii. Arthur, of Edgctield, said thal
last y6ar in the* month of October^ oi
1 November he passcda livery stable.; ir
Edg'?li?Td'''while Tillman and other:
were talking. Ile heard Gonzales
nanitrmentioned and he heard Tillman
say, "if 1 had some way togetat him.'
Witness passed on and did hot heai
thc rest, of tli? sentence.
THOUGHT HE WOULD DIE.
On Wednesday Dr. James McIntosh
of.Columbia, gave iii detail the treat
ment administered and said before tin
operation Gonzales' mind was clear
Ile asked the witness: "Doctor 1 wain
you to state lo me frankly whether
am mortally wounded or not." Tin
witness replied that he thought tin
wound fatal and Gonzales said, ".
ihink thc.jeriow got me."
M. C. Wallace, foreman of thc .lol
deparrnrunt of the State new paper
saw Tillman when he shot Gonzales
When-he -first saw Gonzales he "wa
walking as if be was about to turi
from Main into Gervais. ' He saw Gon
zales later in his otllce, and the du
ceased had said to witness: "This i
?ny death. 1 am shot through th
stomach and cannot live."
MK. HOYT ON THE STAND.
James A. Hoyt, Jr., associate edito
of the The State, was the next wit
ness. He recited the scenes in th
State otlice when he arri ved there fror
his home. The principal portion c
his testimony was what Mr. Gonzalo
had said to liini in regard to Iiis court I
lion." 11 is as follows:
"Ile sajd to me. after his wife lef
j him: '1 was only afraid t hat I wool
die before my wile got here.' "
Then the prosecution sought to gc
Mr. Hoyt to give a description of th
shoot ingas Mr. Gonzales had given I
to him shortly alter the shooting, an
while the wounded man was yet in th
State ollice. " Col. Croft objected, ii
Mr. Gonzales was not at that time i
extremis, and therefore thisstatemen
to Mr. Hoyt as a hying declaratio
could not be introduced.
Judge Gary ruled that a dying deck
rat.ion must bi; made while a man wu
in ext remis, but st ill the books do nc
declare that he must die immediately
There are eases where men lived foil
and live days after making their dyin
declaration, and one case where th
deponent lived lifty-t wo days. Hebel
that il'a oran realized be was going t
die, a few days more or less living mad
no difference. When a man is in o:
trends and makes a statement and
after wards hope is raised in him, til
statement while he was in extremis i
competent. If Mr. Gonzales was i
ext remis and without hope of life who
he made the statement in the Stat
otllce, and afterward he was . give
some hope of life, the statement mat
in the State ollice is competent.
T11 H STAT E Mi: N Tj A DM I TTE D. ;
After considerable discussion anion
I he. lawyers Mr. Hoyt was recalled t
the stand, lie said that Dr. Grlftit
was the li i st physician t o reach M
Gonzales. Solicitor Thurmond the
renewed the question as to what M
Gonzales luid told Mr. Hoyt as to tl
manner of thc killing.
The defense objected again ar
Judge Gary went into an exposition <
his uuderslanding of the law in tl
case. He summed up by saying th;
in his opinion I he condit ions su n oun
ing Mr. Gonzales at thc time we
such as to tully me '.sure up to the r
(pi i lenients of the law of thc state ai
he would, therefore, rule that ti
evidence of Mr. Hoyt was admlssabl
Colonel Croft again objeced, stiyh
that there was a written dying debi
rat ion and t he verbal fine to Mr. Ho,
should not be admitted.
Judge Gary ruled that Mr. Hoy I
evidenco was competent.
The afternoonssession was stormy to
a great .degree: 'fit.was battle after bat
tle over tho $dmrajQO of dying decla
rations' made bj-'Mr.' .Gonzales-' to sev
eral friends;.' Sp|!? tig and lasting were'
theso.i.dlsputes.jriiat only, three wit
nesses were hCsw'-.'-The jury was sent
out of .the C?\1E? >room three different
times, while the/lawyers; argued over
the testimony'J^?Vall these Instances
the evidence yfas^givcn ;to the judge
and then the attorneys contended over
its admission.pr^eolar?tlon.Then the'
jury was brought\-back and the case
proceeded aecordlbgUov'.whatever was
the ruling of .the^Ourt..:
. OONZALES'^t?NU STATEMENT.
When court ^reconvened at 3 p. m.^
Mr. Hoyt pioceeqecl to.glve his state
ment. Mr. HoytKtheh said Mr. Gon
zales made the following statement to
him: Vi-v- '
r "He said thatitg :had left the State
?nice to go tb "dlhneri-he was walking
a ong Main str?<ft?\r towards the state
capitol, and he got nearly to the city
raliway transf?r$tatl?rt when he saw
Jim Tillman cdir?lug from the capitol
with two men w$oiir^re didn't recog
nize; he said there" were' several people
standing around'the' eoruer, and that
he saw if he kept?qn his' course along
t: e edge of tlm-pavement he would
brush against .these-rae'n, and to avoid
them, lie cut diagonally across the
pavement toward' the corner of the
transfer statlon,>utld_as he was going
across he saw Tii^tpah.pull a big pistol
and shoot. He sald:that he turned and
faced him and exclaimed: Shoot again,
you coward. Yo]f/have killed me.'
He looked Tillman Ju the face and
Tillman held thcjmistol at him, out
didn't shoot: he^fsitj: that then some
gentlemen rail uprjiiiu h?lpei htm; he
said that just as-b?isbol-just about
the time Tillman ?bpt-that he (Till
man) exclaimed', ?fT.'bave done what
you said,' or 'I haye?taken you at your
word,' or soiuetbjrL&Bke that."
The statement, Hoyt said, was about
half an hour af teethe, shooting. Mr.
Hoyt was quest ioupd On cross examina
tion by Mr. N3lsflii;''as to his feelings
towards the defe'n'dafit:
"Your feelings M\Vardshlm are very
bitter, aren't the'v_Hf ' Don't you feel
very revengeful.alW?'thim?" .
"Well, 1 don't t^j.I?k I harbor ven
geance against any^u?,"
"You don't fe-.d;' hostile towards
him?" EE
"That hardlyexpresses lt."
"Well, express it^oursclf," said Mr.
Nelson. ?K
"I feel" very .Inragaiit towards the
man who han kilfcd my best friend,
and 1 supposeyr^harbor vengeance
towards anybody, ij^would be toward
him," replied th? jwtp?ss.
Dr. C. W. Barr^ofebf the Columbia
hospital, was piefituij, when Mr. Gon
zales was brought' t?tere from the State
otllce. He said he ??jk?d- Mr. Gonzales
within ten or fifyien minutes aftei
he was earricd Int^bje hospital:
"N. G., do you. uifderstand, y our con
dition? " ..?4'n."
"I do, doctor," ^Gonzales replied
when witness .salcpie asked him thc
furthci question: ')p'oyou understand
N. G., that you AiU probably die?"
the reply being,-,wi{Yness testified: "J
do." . tr.'.';
- The doctor sald-JMV Gonzales had nc
-hope of recov-e'ry^'^a^'cdnsldercd Gon
zales in extremi.sl;.j\?Y}tn?ss said Gon
zales made a'sttaie^cnt at the. hospi
tal, which thf ' ^^?Sg ??vld o^nzalei
.sai?-Wu?^ti??W:?i.''',,c^-:it;i * TT*
AN0THEK~8TATEMBNT.
Dr J. W. Balrook, "superintendent
of the State.Irisane>hospital, saw Gon
zales as he lay oh the.floor in the Stat?
otllce. He described the location o
tile bullet wounds, and gave the opin
ion that it was indicated * hat thi
body of a man receiving such wound:
was on the point of turning Dr
Babcock also saw.Gonzales at the hos
pliai just after he was received there
Gonzales, he said, made a statemeh
to him which he sa'd he took down ii
notes. Reading from his notes, h
said the following were the words o
Gonzales as near as he could take i
down.
"He had one man with.himwho wa
a particular friend of his, Talbird: ai:
other man whoso face 1 did not ot
serve. I started for the state house a
usual. As. I got .o. the corners c
Gervais street, 1 recognized Tillmar
1' knew If Ikept on I would col lid
with him, as tiley were three abreasl
both on tile outside. I cut diagonall
across to the left,* Intending to tur
the corner into Gervais street, whic
I could have done without touchin
the inside man. As I got on the tur
two or three feet from the exac
corner, he said, pulling pistol (or h
had it in his sleeve) tired, and mad
some expression. Tue shock tur?
me around against the pillar on ..I ai
street. 1 faced him. Ile pointed th
pistol; I called him a coward, ll
said, '1 took your advice,' or sonn
thing to t hat effect; he put the piste
in his pocket md sauntered into til
street. 1 never sent him a message
He >aid, '1 have taken you at yoi
word.' 1 suppose he referred to sonn
thing I said in an editorial In tl:
campaign. He said this after he tire?
1 had no Idea of meeting him. A ftc
I had seen him two days before in tl
lobby of the house. The thing wi
finished as far as I was concerned."
Tlie statement was first given I
the witness in the absence of the jiir,
the defense objecting to the introdu
tion of tlic latter part, but subsequen
ly withdrew the objection.
. August Kohn,a newspaper write
who was at the hospital at the tin
Dr. Babcock was there, said Mr. Goi
zales told him at that time in an ai
s wer to question that he (Gonzalo
had not sent a message to Mr. Til
mau.
A HULL DAY.
Thursday was a dull day in the trlii
Almost thc entire time was consume
in the reading of the editorials thi
have appeared in the Stale crlticisil
Colonel Tillman. Thc liles of th
paper were put In evidence on the fir
day of the trial by thc prosecution ai
such matters as that side of the co
troversy desired to usc was read toda
Washington King, member of tl
legislature, from Florence, was tl
next witness. Ile testilicd that on tl
day before the shooting he saw Jam
II..Tillman with a pistol In his leftli
pocket. ? This was In- the aflcrnoo
Tillman was either tak.ng off or jpi
ting on his overcoat at the time in t
hotel* He could not rcir.cinber whut
er it was before or after dinner.
Immediately after tho testimony -.
Mi. King Mr. Elliot began rcadi,
from the liles of the State and cont',
ned four or live hours.
The evening session of thc court \t
consumed in continuation of the re;a
i hg of editorials from the Col?nAl
State.
? SENATOR THOMAS TALMUD. '
One of thc mast Important witnes:
for Krlday afternoon was Senat
Thomas Talbird. of Beaufort Counl
He was a strong personal friend of C
Tillman and had been a schoolmate
Mr. Gonzales. He had been Intima
with Col. Tillman In recent years, a
lt was evident that he tried all throu
his evidence to bc absolutely exa
and there was the highest comment
tion of the tone and accuracy of Iiis r
important evidence.
(Continued on page 4.)
TERRIBLE TRAGEDY.
Jealousy and Di ink Caused an ?wfa^j
Homlcid and Buoide. "
A MAH KILLS HIMSELF AND WIFE
Wer o Seperafed bat. Were He co ti
died and. Seemed Happy In
Each Other's Company
Jast 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 Btreet, near the exposi
tion grounds, and theil turned tbe
revolver to his temple and Bent a bul
let orashfng through his own brain.
1 Hiring 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 bc
entertained toward his wife.
JEALOUSY AND SEPARATION.
About a week ago Mr. and Mrs.
Barnes parted, the wife going to buard
with Mrs. Horne. It seems that the
cause leading up to the separation was
the fact that Mrs. Barnes was* of a
lively disposition and enjoyed pleasant
association, which angered ber 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 bis home in
a state of intoxication. When Barnes
was married he was a lineman, but
shortly afterward was given a position
with thc eleotlc 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 tbe car repairing
force of the Central railroad. Satur
day he secured a position again as a
lineman and, it seems, bad affected a
! reconciliation with his wife, and they
1 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 thc two
seemed in quite a pleasant mood.
They retired to their room about 10
o'clock and were beard 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 be would make a good
wage. He vas forgiven for all that
had gone before; for the time, any
way, thc demon of jealonsy^had been
crushed and the love which they bad
? ii tor tai ned - for. caph other jwhen : tbey.
made the vows to cleave unto each
other until death was fully renewed.
The members of the household be
lieved the couple were wrapped In
peaceful slumber and the rising of the
morning sun would open to them a
new life.
AWAKENED TO DIE.
Before seveu 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
o'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 rushedto 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, puttier
hand to her side and sank to the floor
almost over the front door-sill. The
bedroom' door was thrown open by
Barnes, and, as he saw his wife's body
prone upon the floor, there were two
more shots in rapid succession, and he
had launched his own spirit into
eternity as he had that of his wife.
WAS NERVOUS.
Barnes and his wife had been talk
ing some time and were both fully
dressed when the shooting began,'
Mrs. 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 fired
went into the cellllng, but his nerve
came 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
first shot passed through his hat into
the celling; but the second fulfilled
the mission- Intended for it. Passing
through the right temple, Just above
and baqk of the eye, lt crashed
through' his brain and be sank to the
floor, lqss than 15 feet from hts wife's
boay, .and died.-Augusta Herald.
Found In a Liako.
The body of the woman found in
East lake Sunday with three bullet
holes In her head, was positively iden
tified today as Miss Nellie Shatlleld,
aged 35, who resided in Burmlng
ham, Ala. Miss Shaflleld left home
Thursday and, It was supposed by
relatives, that Bhe had gone to visit a
sister at Enslcy. Miss Shaflleld was a
member of an excellent family and as
she was an invalid and seldom went
out, thc mystery of her murder ls in
tensified.^_
A Mun Shut.
Walter Byne shot and killed Tom
Canneley Friday afternoon on Mr.
Jim Daniel's place, about twelve miles
from Waynesboro. Both parties are
i GOlo?cd and bad gone from Waynes
boro to pick cotton for Mr. Dainel.
Conneley was teasing Bync's sister, a
small negro girl, and Byne took the
matter up, (but claims the shooting
? was an accident. Conneley was shot
close range with a shotgun, and died
instantly. Byne ls in jail awaiting the
I action of tho grand jury next week.
Bills Ignored.
. At Wilmington, Del., the grand
Joiry today announced that they had
decided to Ignore the bill against
those1, charged with burning at thc
stake \Georgo White, the negro whe
murdered Miss. Helen Bishop.
v , . !v
. .. i . t?t?t?&?-t?&n
MES. JEFFSESOK DAV1B.
r .... .
A Nor thorn Nowopapor^e .Tribute to tt'
.Nobie WoWft?i
jit' is sa^denljig pews -.that comes
from Buff?ipuj: M.rs..Jefferson Dav's,
the widow-.J^t'Wm ;wh? was the first,
tho last and tim"only President of the
Confederate States of America, lies
at the point pf death in a Northern
city. A spirit that has given nota
little strength and not a little grace
to American Womanhood is .passing
from the Ufo transient, through death,
to the lire everlasting. . ^
The event is one which, for reasons
of weight, the world will not willing
let pass unnoticed. It is well that it
is so. The life of Mrs. Jefferson Davis
can not fail to awaken memories that
are sacred and to revive hopes that
are inspiriting.- To her it was given
to be one of the honorably conspicu
ous.figures in. a period that Americans
everywhere now contemplate with a
sense of-/reverent pride?. In the titanic
struggle of more .than - two-Bcore years
ago,.American womanhood, us well as
American manhood, was put to tbe
supreme lest. Throughout this wide
country .of ours,, the women as well as
the men, were then, required to de
fend the right as God gave them to
know the right;" and it ls but the
simple truth to state that, in an hour
that tried their souls, American wo
men of the Southern States, as well
as American women of the Northern
States, failed not.
Of these devoted and Belf-sacrifioing
spirits, Mrs. Jefferson Davis was one.
She went through the struggle with
patience and courage, and returned to
her home in the ashes of defeat to ad
just herself, in gentleness and in dig
nity, to a world of which she bad not
even dreamed. Like her noble coun
trywomen of tbe South, she did nut
complain; she did not cower before
misunderstanding. She acted as the
strong always act. She worked and
prayed, and waited. She put in the
front ot her consciousness the deter-,
minali on to cherish .the -traditions of
her race and ber breeding. If, in mo
ments bf success, her example had
been stimulating to her people, in tbe
hour of disaster, it was little less than
enuobliug. In ber modest home at
"Beauvoir," and elsewhere, she lived
a life that won the respect, the admi
ration and the love of all high-minded
men and of all high-minded women.
Suffering was hers, and sorrow was
hers also. In the changes and chances
pf life, the gales or necessity blew piti
lessly against ber;, yet through itali
shone the inextinguishable light of a
character glori tied by grier. *
lt is right that tbe world know this.
It is right that Americans of the
Northern States completely recognize
lt.- And they .do^ recognize it. The
age of chivalrynotrgone; the age of
economists and calculators has not
succeeded,.and the.glory.of. America, ?
at least, is ' .not. forayer,extinguished..
SjiiE*JB^
loyalty to Bex," if not to rank, that
"dignified obedience," if . not that
"proud submission," that "subordina
tion of the heart'' which, keeps alive
and not in Fc^rvltude, "the spirit of an
exalted freedom." "The unbought
grace of life, the nurse of manly sen
timent and herolo enterprise," is not
gone-no, nor can go so long as a life
as noble as is Mrs. Jefferson- Davis'
shall have power to bless and .to Save
the children of earth.-Philadelphia
Leader.
TWICE STETING UP
But Lot Sown to Pray and Write to
His Wire.
At Oxford; Ohio, on Thursday
night, a mob broke open the jail and
took Joseph Spivey to an elm tree Oue
I square away, on which Henry Corbin
[ was" lynched in 1892. Splvey was
strung up and let down tb pray. A
second time he was strung up and let
down and while be was pleading'for
time to write to his wife, Deputy
Sheriff Brennan and a few assistants
rushed forward, cut the rope and
rushed down the street with the pris
oner.- Ho was rushed to the jail and
spirited out of-town. John Spivey,
his prother, is dying with a bullet
through bis head. A stranger who
lives at Monroe, O., 1B also fatally
wounded. Splvey was one of a band
of Kentuckians who shot and danger
ously wounded five persons . on the
street during a fair.
- Marshal. Woodruff and his deputy,.
Jacob Manrod, endeavored to arrest
them and were shot. Marshal Wood
ruff In the right breast and Deputy
Manrod In the left wrist. A crowd
started in pursuit of Spivey brothers
and overtook thom. Joseph Splvey
was shot in the right side with a load
of buckshot and lils brother was
knocked unconscious with a stone
thrown by some one irithe crowd of
pursuers. During the fight a stranger,
who refused to give his nume, was
shot in the abdomen and is in a dan
gerous condition.
The.office rs were successful in . get
ting the prisoners from the j..11. The
party took two hacks and dro.e rapid
ly to Hamilton, a distance of twenty
miles, where they arrived after mid
night a_nd securely lodged their pris
oners In the Butler county jail; The
mob finally found they had been bea
ten and quietly dispersed. .
Cigarette Stain.
Judge Crane, of one of the New
York- police courts, testifies that
ninety-nine out tif every hundred boys
from 10 to 17 years of age who come
before him charged with crimes rang
ing from petty misdemeanors to
burglary, highway robbery and mur
der have their fingers seined by
cigarettes. He ls convinced that the
excessive use o' the cigarette by boys
weaken0 their moral 8cn3o and makes
them easy victims of the passions
that find correction only in tho
prisons. "I wbuld prefer," ho says,
to see my boy given to the use of
liquors than to cigarettes."
A Union Tragedy.
Taylor McCoombs was shot to death
by^ Hill. Ashurst Wednesday night at
i Meal Shoals, on Board river, 12 miles
from 'Union. Ashurst remonstrated
with McCoombs in an altercation he
' bad with a one-legged man. Thif
'. seemed to anger McCoombs and ho be
* gan cursing and abusing Ashurst
wno then shot bim, Ashurst escaped
A White Mon Arrested for AMS
a White Woman, >. ;
A?TD 18 COMMITTED TO /AU.
Tho Sad Story of? Mill Villa?? Girl
Who Went to Greenville to ?
Hont ; Woplc in .
. the Mills. ' ,
A dispatch from Greenville to The;'!-:
State says Oharles Patterson,white,avH
married man who lives at the Mills mill
was arrested Thursday afternoon: and
is now in Jail upon a charge of rape
?pun the person, of Ida Reeves, 20 ..
years old, daughter of E. W. Reeves
of *Pelztr. The girl came here on
Tuesday afternoon in search of. work
at the mills and ?as taken by a former
acquaintance in a back to a house of
ill fame, where she spent the night, i.
Wednesday afternoon she met at
this house with two men who told her j
te get-away- from there, 'and.'ir she
would take the cars for the Poe mill
they would find ber work and a home.
Aotlng upon their advice she left, the '?'
boils and went towards ? the trolley
.line, but met with Patterson on tbe .
way, who said he was going, to the
Poe mill and would take her there.
The girl bad never been in Green
ville before and accepted the oiler of
an entire stranger. "Her story 1B that
they Went past the Woodside mill into '
a piece of woods, where . the man ac
complished bis object. He then went '
on with the girl to a boarding house :
at Monaghan mills, where he obtain
ed lodgings for tbe girl at midnight,
saying she was bis cousin and had just
come In on the train. The facts were
developed after Patterson left the
boarding house and Thursday there
was some agitation among thc mill
people at Monaghan, but no effort waa
made to find Patterson.
Thursday afternoon the girl was in....
company of a woman who waa. be
friending her and had telephoned" to
the girl's father at Pelzer, when they
saw Patterson and spoke to him.
The woman asked him to go with them
on the Huguenot mill, and on
the way she went into a house and
telephoned Ohief^ Kennedy to send
a policeman- to'the mill. On ar
riving there Patterson went on to the
post?nico and in a short time the'
policeman came, when it was arranged
that the woman should follow Patter
son and walk up to him which was a
signal to the policeman, who speedily
secured his man and took bim to the
station.
In the meantime the girl's. father,
arrived from.Pelzer arid- swore out a
warrant against Patterson, when he
'was transferred _to the - Jail. Patter
son deni es his guilt and^-says_heL.sast
ttie^Ti^wtu&^t???t'?Ht mebti?n?d \ ..
and talked witfi her on the porch, but
did not go with her to the Monaghan
mill. - ' >>\?$?5;
He Is a young man and says he has
been llv'ug Tor eight omin? years tn
anr* around ; Greenville and 'Spartan-"
burg. The news of his arrest was bot"
generally known and h? was marched
quietly to Jail under the escort or two
deputies.
Will Get a Fortune.
Will1 am C. Hartridgc, who went to
the Caroline islands last'May, in the -
interests of Mrs. Catharine. O'Keefe, .
widow of David D. O'Keefe, has ar
rived on the steamer Dorice at San
Francisco. O'Keefe was known as - -
! the king of Yap. He left his wife
and daughter in Savannah, Ga., in
the early '70s and was wrecked on this
] island. Being the tl rst white man the
natives bad ever seen they treated
I film witb-every possible reverence and
finally made bim king. . Over a year '
ago, after visiting Hongkong on bunt-',
ness, he started to return on one of
h'ls vessels and that was the last ever '
heard of him.. Although he bad two
wives in the'Carobqe?, he.always.kept
bis wife and daughter In Savannah'
well supplied with money; Upon
hearing of his death, Lawyer Hart
ridge was sent out to see how matters
stood. He found a will in Hongkong
distributing an estate valued- at 31,
500^000 in property, all-of whioh ls
productive. He bas left quite a large .
?amount to bis daughter, Mrs. J. F.
Butler of Savannah, and it is expected
that the Savannah widow will claim .
! 50 per cent, of the estate.
The Texas Fever.
While Texas ls great State lt seems
to have a great many drawbacks. Out
there they have the Mexican boll
weevil, which ls very destructived to
the cotton crop, the Texas fever
among cattle, and a great many other'
things. So far tbe Mexican boll
weevil has not reached us, but the
I Texas fever bas. Recently Mr. J. A.
Shirley, a well-known dairyman near
Anderson has had several cows to die
with this disease and several others
are sick. He sent to Clemson college
for a veterinarian, who went down
?ind Inspected the-heard. This official
gave as bis opinion that the cows bad
been suffering from Texas fever, and
that the disease had been caused by
ticks.- He says that a calf may have
tinks ob it wit-bout injury, but that if
a cow growB to maturity without hav
ing ticks and then acquires them, they
'will; cause what Is'known'as Texas
fever, which will nearly always prove
fatal. It ls said that no certain cure
has yet been found for the disease.
Tho expert advised Mr. Shirley to get
j some whiskey and give his cows a half
pint at a time.
Instantly killed.
Henry Sam Floyd, machinist and
and blacksmith, was accidentally kill
ed at 6.30 o'clock Wednesday after
noon at Woodside cotton mill in
Greenville by falling on a large pulley
connected with the main shafting of
the mill engine. Ills death was in
stantaneous. Floyd was forty years
old and a good laborer. H? leaves a
wife and three children.
Chen ted tho G&llowa.
Elijah Bolln, in Jail in Jackson,
Ky., on the charge ot murr'er, com
mitted suicide on Monday by taking
i morphine.