Historical Newspapers of South Carolina

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«*" Pa ares 5 to 10. THE LEDGER. GAFFNEY, S. C. October 2, 1903. THE TRIAL OF JAS. H. TILLMAN About Two Hundred Witnesses to Ee Heard. A GREAT ARRAY CF COUNSEL The Trial Proceeds Rnpidly, Although Every Inch of Uruund Will Be Vigorously Contested. The trial of former Lieutenant Gov ernor James H. Tiilman for the kill ing of N. G. Gonzales, formerly editor of The Columbia State, was begun in the regular cession of the circuit court for Lexington county, at Lexington, on Monday, September 28. The proceed ings of the trial are given from day to day from the stenographer reports of the official court stenographer with out color or bias. Lexington, Special.—Janies H. Till man. 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 the expiration of his term of office, was on Monday placed on trial for his life. At 11 a. m. Solicitor Thurmond an nounced the State ready. “We may safely say that we shall be ready, though some of our wit nesses are not here yet,” said Con gressman Croft of Aiken, Tillman’s The solicitor swore Clerk of Court George and introduced the county registration books and on them Parnell’s name did not appear. A lengthy argument ensued. The de fense 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 this county to Richland county. Messrs. Croft and Johnstone argued that the name might have been omitted from the books and the State having propounded the question on the voir dire had waved the right to appeal to the books as the highest evidence. Judge Gary held, however, that to ho a legal juror one must be a qualified elector and directed the Inquiry to that point. He was about to allow Parnell to go to his home 12 miles distant and search for the certificate when Mr. Thurmond consented to accept his rul ing with the evidence In hand. His honor ruled that taking Par nell's positive statement in connection with the apparent irregularity of the hooks he would admit him to be sworn v/hereupon the solicitor excused Par nell and so yielded one of his five chal lenges. Parnell was the second man drawn, and after his case was disposed Attorney Graham, as son 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 artifle entitled 'Jugglery With the Courts. I object,” interpolated voice audible throughout the room. He was then granted permission to take a seat with his counsel. 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. Four of the 36, A. D. Fallow. Joel H. Geiger, T. W. Dreber and Simon Cor ley were excused by the court fer one or another cause. Of the jurymen selected Saylor, RIs- inger. Leitzsey. Koon. Sharpe, Sheaicy and Price are farmers: Wood. Ly- brand, Corley and Jumper are cotton mill operatives, and Hicks is a carpen ter. Wood is a boss of a weave room. The following jurors drawn were challenged by the defense: M. M. Kleckley, Eugene C. Williams, Luther J. Hook, J. Laurence Jumper, John B. Stack, L. O. Wilson, G. M. Lewij. Thos. J. Roof. Geo. W. Derrick. The following were challenged oy the State: John B. Reed. John J. Younginer, Noah H. Taylor. Murray Parnell and J. Eugene Lorick. Policeman Geo. Boland was the first witness to take the stand when court reconvened and his. with the testimony cf other witnesses, is given in the sten ographic report below. Sheriff Coleman was next called, and the prisoner’s two pistols were exhib ited as was also the prisoner's over coat. Clerk of court Walker also testified as to the pistols. Requested to show to the jury how the magazine pistol was operated. Mr. Walker found some difficulty with it. Judge Gray inquired if the pistols were loaded. The bullet with which Mr. Gonzales was mortally wounded was introduced, the defense not admitting that It was such pro jectile and intimating that possibly time was the court room uncomforta bly 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 un common interest was engaging the Lexington court of sessions. Second Day's Proceedings. The second day’s proceedings In the famous trial of Jas. H. Tillman for the killing of Editor Gonzales showed good progress in the taking of testi mony for the prosecution. One line pursued by the State was with a view to laying the foundation for the introduction of the dying statements of Gonzales. Four of the physicians who officiated in the opera tion on Mr. Gonzales after he was shot were on the stand today, Drs. Guerry, Pope, Taylor and Griffith, an of Columbia. Much of the testimony of the physicians was technical. Ambrose E. Gonzales, publisher of The State, and a brother of N. G. Gon zales, was called to the stand when the solicitor offered in evidence the files of The State for the year 1902, the purpose being, as announced by counsel for the State, to introduce the editorials in the State newspaper, of which N. G. Gonzales was editor from July 1, 1902, to December 31, 1902. The editorials in question are in re lation to James H. Tillman. Reading of the editorials was postponed that counsel for the defense might read them first. On cross-examination Mr. Gonzales was asked by counsel for the defense: “The relations between your brother and Mr. Tillman have not been pleas- >> V •. 's - - a <;,, • v - m •: .V" ; • • - tern* mm Sc*. . X , i WM pipara .y.ZvUr Wm wm Ml '.f , . V.v.- • • :♦ •£» :•« * \« ..- V ■.$¥ • AW iHp m 1 m *1 > v v t - S'fy 1 1 ' - La* T,* I ^11 1 U 51 mm *• A ■ J fw mk Jt? G. GORZAl^f* [Cut Furnished by Courtesy of The New York World.) leading counsel and Edgefield law partner. The assemblage in the court room, which, far from crowding, scarcely 1 filled it. could scarcely realize for a moment that the trial would actually begin, so frequent have been the pre dictions of further delay. Two ses- j sions of court have intervened in Rich- • land since the homicide, the defense ; obtaining continuances at both and a change of venue at the last. Again | the spectators were agreeably disap- j pointed when a jury wao secured by ; 1:15 p. m. from the original panel. It I would have been secured in half an | hour save for the contest over Murray I Parnell. | The hearing of testimony by the State was commenced after the re cess It was mainly confined to Policeman Boland’s story of the arrest of Tillman, to the it. .ntiflcatlon of Tillman’s pistols by Sheriff Coleman and Clerk of Court Walker, togeCuer with the bullet from the German magazine pistol which pierced Mr. Gonzales through and through, and to the identification of clothing worn by him, with its bullet holes, on the dav that he was mortally struck, the lat ter being sworn to by Messrs. Hoyt, Wood and Wallace of The State. Nearly if not all the jurymen were placed on their voir dires, and, with out exception, they swore that they had expressed no opinions and were conscious of no bias for or against the prisoner, an attitude remarked by some as singular in its unanimity, considering the wide publicity the case has receded. After Parnell had answered the usual questions the soli citor inquired if he had a registration certificate. He replied affirmatively. 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 dressed the court and said: “I con sider myself a member of the Lexing ton bar and I have heard nothing of a statement on the part of the bar.” —Judge Gary—It would not be pro per 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.” THE PRISONER BROUGHT IN. A recess of half an hour was taken at the solicitor’s request during which the prisoner was brought in by Sheriff Caughman. When the solicitor an nounced the State ready. Mr. Croft in quired. “Is Mr. Ambrose E. Gonzales in court” and if in response to a sub poena duces tecum issued for the de fense had he brought the files of the Columbia State from April 15. 1902. to September 15, lOOS. Counsel for tin State replied affirmatively, and Mr. Croft declared that though some of hie. witnesses were still absent they would be here and he could safely announc. the defense ready. The 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. Nelson. Clerk of Court George icad the Indictment in a matter of fact way and the prisoner reply to the us ual question, said, “not guilty” in a Unanimous Opinion. “You don’t say? He doesn’t behave at if he belonged to any church.” “Oh! yes; Cayman is a vestryman of our church.” •‘That's bo. He behaves as if the church belonged to him.” About 400 messenger boys employed by the Illinois District Telegraph Com pany, stopped work in Chicago. This action was decided upon as a protest against the employment of colored boys. Bulletin Bubbles. (Philadelphia Bulletin.) A poor lot—potter’s field. In hot weather even a straw hat is felt. % Dead letters do not require a “post” mortem. An up-to-date newspaper doesn’t al ways wear a stylish wrapper. A stingy man may hedge and still not be a hedgehog. When some men get a job they are between two fires. The anti-foreign feeling in Caracas Is growing more intense. m m :• TILLMAN * ,1 •ram arm, ai 'COLUMBIA. cSC. Lit, jfxon/ of urhttJt GcMZAJM u&J contray evidence would be offered. Finally, when the witnesses had han dled the magazine weapon before the jury, Mr. Johnstone, who was sitting by the prisoner, arose and remarked: “We are informed that that pistol is both cocked and loaded at this mo ment.” This weapon appeared to be a nov elty to the entire court and was eyed with close attention. THE FILES. Mr. Croft requested that the defense be allowed to have the files of the Columbia State, which had been asked for. The solicitor said that they would be tendered at the proper time. Mr. Nelson replied that unless they were given to the defense beforehand, in time to be examined, a delay would be caused when they were Introduced. After some further discussion and pleasantries between the lawyers, Mr. Crawford of the prosecution declared that he had no objection to handing them to the defense for the present, so that was agreed upon. Then the court adjourned until 9:30 a. m. tommorrow. 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 close ly as it arose. Brief delays were not in frequent and the indications are that the trial will be long drawn out. At no ant for some years, have they!” He replied: “They have not been pleasant.’’ Mr. Gonzales was asked on further cross-examination by the defense if he had not heard his brother express himself in denounciatory language in regard to Mr. Tillman, to which the witness replied: “I cannot say I ever heard him use such language in the office. I think everything he said, not everything he knew or believed, but everything he said to his relatives or friends he said in The State newspaper so that the people all could know.” In reply to further questions Mr. Gonzales said he could not say that he knew his brother to have entertained bitter feeling toward J. H. Tillman, nor could he say that he knew his brother’s feelings toward the defen dant to have been hostile. His brother had been, he said, in control of the editorials, and that his brother wrote’ them without consultation. W. B. Gauss, a member of the Leg islature, from Florence county, wat. asked if he had heard Mr. Tillman when he met him in Columbia during the last session of the Legislature, say anything about Mr. Gonzales' editori als, to which witness replied: “Yes, sir; I was walking along the street and we met Colonel Tillman about the sky scraper building when the question arose: ‘Where are you stopping?’ ” One said he was stopping at one place, and some at others, and Colonel Tillman said: “I don’t know that I am stopping anywhere. I stuck those editorials of ‘The State’ In my pocket and told my wife I might stop at the penitentiary before I left here.” On cross-examination the witness said he did not take the remark serl- W. F. Steiglitz, a gun-smith in Co lumbia. when shown the automatic pistol which has been exhibited during the trial, said a call had been made upon him the day before the shooting for a magazine for a pistol ’like tin one shown to him on the stand, but that not having any in stock he re paired the old one, which was called fer on the morning of the day before the shooting. . Dr. S. T. B. I^ncaster, a mcrabei of the legislature from Snartanburg, tes tified that he saw a pistol in Mr. Til- man's pocket on the day previous to the shooting. Two hoys, C. V. Zim merman and Francis Smith, swore that they saw a pistol in Tillman’s hip pocket on January 13, two Ua>s before the shooting. Objection was raised by the defense to all the testimony as to the weapon the defendant may have carried a day or two previous to the shooting. The testimony was admitted, the court say ing that if it developed in the light of further testimony that this was im proper the jury would be instructed ac cordingly. H. G. Arthur, of Edgefield, said he saw the defendant in Edgefield some time last October. He testified that he was going into livery stable there, when he passed Col. Tillman and an other man who were talking together. He said he heard the name of Gonzales mentioned and the sentence: “If any way to get at him.’’ The, witness said he walked on as ho knew what they were talking about and he did not want to hear it. , H. S. Dowling, of Bamberg, who was second lieutenant in the Second South Carolina Regiment, commanded by J. H. Tillman and a member of the Leg islature, and whose room adjoined Tillman’s in a hotel at Columbia, was in the defendant’s room on the morn ing of the day of the shooting, he tes tified. and they had breakfast together in the room. The witness swore that he saw two pistols on the mantle over the fireplace, one of which was an au tomatic magazine pistol, and one which attracted attention. He was shown the two pistols which have been exhibited to different witnesses a^’the ones carried by the defendant These, he believes to be the same he saw in the room. Others came into the room tha* morning before he left, he said, nam ing them, one of whom loaded the magazine of the automatic pistol and handed it to Mr. Tillman just as wit ness was leaving the room. The witness then said he next saw Tillman at the jail after the shooting, when he expressed his regrets that he (Tillman) was in trouble. Tillman asked, he said, if he (witness) knew where he had hit Mr. Gonzales. The witness left the jail and upon ascer taining where the bullet had struck he went back to jail and Informed Till man, when, he said, Tillman replied that, “If he hit where he aimed he sure was a dead man.” News of the Day. Despite opposition at ^Jbens, where the press was strongly opposed to the scheme, the municipal council of Corfu has ratified the contract which the mayor of Corfu made with a syndicate of European capitalists to allow the es tablishment at orfus of an internation al bambling casino on an elaborate scale. The casino is to be opened du ring the coming winter, wnen the sea son is in its full swing, and H is said that the Corfu casino will soon become a serious competitor of Monaco. * A new regulation of the Missouri University board of curators has open ed a new profession for women. Each society in Columbia living in a chap ter house must have a chaperon. She must be a professional, and is to be paid a salary. In addition to this the girls under her charge must provide her with theatre tickets, free rides in livery teams, and see that she has a good time. Her board at the chapter house has to be furnished free and the gorls are to be responsible to her for their conduct. This rule, which was adopted at a recent meeting of the cu rators, will be rigidly enforced. Senator Depew’s “discovery” that Aixles-Bains has named a boulevard after Plcrpont Morgan recalls the fact that the Germans have incorporated the name of the great American pro moter into the language of the coun try. The term “morganlsmus” is cur rently used In Germany to describe the “trustification” of industry. The cor responding verb is “morganislren.” Mayor Woodruff, of Peoria, 111., has decided to enforce the curfew ordi nance of that city after receiving a pe tition from r number of parents. The ordinance h a been on the books of Peoria for fifty years, but has not been , enforced. Hereafter all persons under 18 years of age must be off the streets , after 9 p. m. The new system of examination for the certification of teachers in Massa chusetts is now complete and, in the opinion of the Journal of Education, "the combination of oral and written tests, the balance between scholarship and experience, theory and common sense, is the best yet developed.” The objects of these new tests are not to shut people out, but to authorize every one who probably would make a good teacher. That Mr. John Skelton Williams is to retire from the presidency of the Seaboard is denied in Richmond. Notts md Paragraphs. Victor Emmanuel will pay his post poned visit to Paris between Octobes 12 and 16 next. Great preparations arc being made for his coming. As he is well known to be an enthusiast in nu- mismatica, fifty-five medals will be pre sented to him. Pome of these are of great historic value, ranging from the days of Richelieu to those of Carnot, Faure and Loubet. A few of thm com memorate happenings in Italy, such as the restoration of Venice. A special madal will be struck in bis hornor. Sharp* and Flats. i During the year of 1901-1902 the to tal amount spent on tenchnical educa tion by local authorities In England r.nd Wales was $5,286,995. A part of this was raised by special loans for the purpose, but the major part came from moneys allotted from the customs and excise. A conference between President Roosevelt and the Executive Council of the American Federation of Labor in reference to the attitude of the Ad ministration toward labor unions Is ex pected to take place next Monday. . No Change In Canal Status. Washnigton, Special.—The following j bulletin was posted at the State De partment: “The Department of State ! received today at 1:12 p. m. a cable message from Minister Beaupre, dated September 28, 8 p. ra. He reports that there has been no change in the situa tion in respect to the canal matter. A second debate on the bill reported by the committee is expected within a few days, and it la thought it may be de feated. The present outlook is for some amendment of the reported bill.’ GONZALES’ DYING STATEMENT State Gains a Point By Admisson of Dead Man's Account of Tragedy. Lexington, S. C., Special.—The third day of the famous Tillman trial result ed in the Introduction of the dying statement of the deceased. The point was hotly contested. Mr. Jas. A. Hoyt, Jr., testified on this point, and was closely cross-examined by the defence. Dr. C. W. Barron, of Columbia, was at the hospital when Mr. Gonzales was brought there from The State office. He said he asked Mr. Gonzales within ten or fifteen minutes after he had been carried into the hospital: “N. G.. do you understand your con dition?” “I do,” the doctor said Gonzales re plied, when witness said he asked him the further question: “Do you understand, N. G., that you wilf 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 zales made a statement at the hospital which the witness said Gonzales said was a death statement. Dr. J. W. Babcock, superintendent of the State Insane Hopsital, saw Gon zales as he lay on the floor in The State office. He described the location of the bullet wounds, and gave the opinion that it was indicated that the body of a man receiving such wounds was on the point of turning. Dr. Bab cock also saw Gonzales at the hospital just after he was received there. Gon zales, he said, made a statement to him which he said he took down in long hand notes. Reading from his notes he said the following 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 him, Tal Bird; another man whose face 1 did not ob serve. I started for the State House as usual. As 1 got to the corner of Gervais street 1 recognized Tillman. I knew if I kept on I would collide with him as they were three abreast, both ci; the outside. 1 cut diagonally across to the left, intending to turn the cor ner into Gervais street, which I could have done without touching the inside man. As I got on the turn, two or three feet from the exact corner, Till man pulled a pistol he had in his sleeve and fired and made some ex pression. The shock threw me aroyml against the pillar on Main street. 1 faced him. He pointed the pistol; I called him coward. He said; T took ■your advice.’ or something to that ef fect; he put his pistol in his pocket and sauntered into the street. 1 never sent him a message. He said, ‘ I have taken you at your word.’ 1 suppose he re ferred to something l said in an edi torial in the campaign. He said this after he fired. I had no idea of meet ing him. 1 had seen him two days be fore in the lobby of the House. The thing was finished as far as I was con cerned.” August Kohn. a well known news paper man, testified that Gonzales Said he had sent no message to Tillman. Killed By Cave-In. Columbus, Ga.—While making measurements in a deep trench in a public street here Wednesday after noon. Superintendent of Public Works Robert L. Johnson and a negro workman. Brad Smith, were killed by r mass of dirt caving in on them. The alarm was given immediately and a force of workmen was sent to rescue the men. While this force was at work, a second cave-in followed, bury ing seven or eight men. Mayor Chap pell ordered the hock and lad.ioi V-uck of the fire department to the b.ene with several firemen to help in the work. Quick work saved the lives of five workmen, who were dug out of the trnech. but two of them are fatal ly hurt. The bodies of Johnson and the negro Smith, were recovered. The injured men were sent to their homes and physicians are giving them medi cal attention. Superintendent Johnson was one of the best known civil and municipal engineers in the South. He \as formerly engaged in government rork. He leaves a wife and four chilo- en. Not Coming South. Pine Bluff. Ark., Special.—In re sponse to an invitation to visit tha Branch Normal College, colored, here in the event of a Southern tour by him, former President Grover Cleve land has written as follows to Prof. Isaac Fisher, principal of the college. “The reports In the press, indicating that I intend soon to pay a visit to the South are entirely without founda tion. I have had no such intention, though I know that I would enjoy such a trip. If it were true that I were to make such a tour and come to the State of Arkansas. I do not know of anything that I would like better thon to pay a visit to your school.” A Hatch Race. Memphis, Special.—Secretary Murry Howe, of the Memphis Driving Park Association, announced that arrange ments have been concluded whereby Prince Alert, 1:57. and Dan Patch, 1:59, will meet in a match race on the opening day of the grand circuit meet ing. which begins October 20. On the second day Lou Dillon, the trotting queen, and Major Delmar, recently purchased by E. E. Smathers, will tict a specially arranged race. Brvan to Speak Columbus, O., Special.—It Is an nounced that Hon. Wm. J. Bryan will be In Ohio on October 5 to lend as sistance to. the Democratic cause. Ho will speak at Napoleon and Oak Har bor during the day, and in Sandusky at night. He had promised to give three days to the Ohio committee, hut preparations for his European ti'ip re duced this number to one. lAxwSSv ^ itt iiii ' •i • * U fm * ' ’Ti &Y’