Historical Newspapers of South Carolina

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SUPPLEMENT THE LAURENS ADVERTISER. ._ - - ,- , ? _ ? , LAURENS, S. C, OCTOBER 7, 1903. * STORY HF TRAGEDY TOLD BY A WOMAN Mrs. Helton's Remark ably Clear Account of the Shooting. RECESS UNTIL TUESDAY. The PfoSi cution Very Ne.iriy Ready to Rest. DEFENSE'S FIRST WITNESS TESTIFIES BY CONSENT. Ily \V. W. llnll. WEDNESDAY'S l'KOCHBDiiNGS. Lexington, Sept. 30.?-When the court adjourned ut 6.30 this evening, three dnyB, the hulf of one week, hnd been consumed in the TiUman cuse. The dying declarations of Mr. N. G. Gon zales, after strenuous opposition by the counsel for the defense, were admitted as competent evidence, and the wit nesses swearing to them were in part heard. Progress, much progress, has been made, but it Is a big trial?a great trial of countless phases and endless detail, | and the close of it la far away, so far as to defy calculation or even predic tion. The forensic combat between the law yers centered today around the ad mlssibillty of the dying declarations statements which the law admits as competent evidence on the theory that this recognized Imminence of death by the maker supplies the solemnity of the oath in open court, face to face with the accused. ,The court room presented the scenes now familiar to thorn* who have at tended the trial?the usual Compare* lively small number of spectators, the prisoner, the witnesses, the groups of counsel all intent on every utterance and move In the contest, the prisoner's faually and kindred and the acting Juflge uniformly affable and patient amid the continuous sparring of the lawyers. Mr. Gonzales' Condition. After Dr. Taylor's testimony, com? menced the day before, was Concluded In the morning, the State Introduced a succession of witnesses to establish the mental attitude of Mr. Gonzales C preparatory to the Introduction of his declarations. Dr, James It. Mclntosh testified that he Was "cool, calm and collected, as much so as any man I ever saw in a condition so grove." Dr. Mclntosh rode with him alone In the ambulance to the hospital. "Toll me. doctor, frankly, am I mortally wounded?" the witness swears that the sorely stricken gentleman Inquired. "1 am afraid that you are, Mr. Gonzales." the doctor replied, and Mr. Gonzales responded, "I thought the f<.'.low got me," and covered his face. Su>'h. sub stantially, was the laconic but pro foundly piteous story of this witness. M. C. Wallace, foreman of The State company Job office, recalled, told that Mr. Gonzales, as he lay prostrate in the business ofilee of The State, the witness kneeling heslde him, holding his hand, said: "This is my death; I am shot through the stomach, and can not live." The Dying Declaration. Then Mr. Jns. A. Hoyt. Jr., the as sistant editor of The State now nnd at the time of the shooting, was for the second time called to the stand, lie related how, when he reached his wounded friend and chief and, like Mr. Wallace, knelt beside him, Mr. Gon zales said: "I was afraid that I could not live until my wife came." Mrs. Gonzales had left a short time before. Replying to questions, Mr. Hoyt was nbout to disclose Mr. Gonzales' state ment of the assault then given to him, when Mr. Croft, the prisoner's lending counsel, was Instantly on his feet to object. The long, stubbornly main tained argument over the admlsslbllity of the statement followed, consuming perhaps two hours. The defense relied for the most part on the testimony of Dr. L. A. Griffith. It was developed that the latter had testified that be tween the Interviews of Messrs. Wal lace and Hoyt he had administered res torutlves to Mr. Gonzales, that he had spoken cheeringly aifcl hopefully to him, and that Mr. Gonzales bad smiled. This, contended the defendant's coun sel, with great vigor and emphasis, betokened that the belief in impending death had left Mr. Gonzales' mind be fore he spoke with Mr. Hoyt. Karly In the course of the argument Judge Oary clearly Indicated the bent of his Intention to admit the statement, and apparently was about to so rule. Mr. Groft and Mr. Nelson had argued the objections and the solicitor had re plied. Mr. Johnstone rose And asked to speak before the decision was ren dered. There was a misunderstand ing rb to the terms of Dr. Grifflth'B language and hlB recall to the stand was discussed. The facts were agreed upon without .this, the judge waiting with his usual Indulgent patience. Mr. Johnstone spoke with force and at length, holding that the incident In the ambulance descrlhed by Dr. Mc lntosh indicated Mr. Gonzales' first certain apprehension of coming death. Mr. Bellinger replied, contending thr.t h!" rcn.uik to Mr. Wallace, coupled with hlH remark to Mr. Hoyt, showed that he was fully conscious of his con dition and that the "flmlle" mentioned by Dr. Griffith was merely a courteous recognition of the doctor's kindly In terest. Mr. Crawford followed, emphasizing this position and arguing the law as applying to the situation created by the testimony. Mr. Buchanan replied, citing authori ties for the defense's contention and the solicitor cited others contra. Kvery phase of the law of dying declarations seemingly was elucidated but his honor, when he came to rule, had evidently not boen moved from his original clear view of the law. "The low on this subject is well settled In this State," he said. "The only difficulty Is in applying It to the facts. It Is suffi ciently established by the doctors and other witnesses that Mr. Gonzales was In extremis and apprehended immf nent death when he spoke with Mr. Hoyt. Ro the statement will be ad mitted." The Afternoon Session. The dinner hour had arrived and n recess was taken. At 3 o'clock Mr. Hoyt testified to Mr. Qona?les' .?t?te- 1 ment. Dr. c. W. Barron, brother of tlir late editor's wife, was called and I testified that at the hospital, a short i time before Mr. Gonzales was operated upon, the witness inquired of him if he knew that he would probably die. Mr. Gonzales replied affirmatively. ; Then Dr. J. W. Babcoek, now and for 12 years superintendent of the State hospital for the insane, in Columbia, was sworn. On account of his high official pdsltlon as well as his reputa tion as a professional man of experi ence, poise and character, his testi mony was heard with close attention, lie was in the room with Mr. Gon zales in the hospital "he was there as a friend of N. G. Gonzales," to employ his own words, before the op eration was entered upon and heard Mr. CJonzales make a statement. lie had taken down In long-hund this statement as accurately us he could, and referring to his note-book, this Statement he repeated. August Kohn, chief of the Charles ton News und Courier's Columbia bu reau, was present with Dr. Babcoek and corroborated In general the state ment as repated by the latter. He also testified that Mr. Gonzales had then told him that Tillman did not address any words to him until after be had tired upon him. Mr. Hoyt's, Dr. Babcock's and Mr. Kohn's testi mony as to the declarations appear* fully below In the stenographic re port. Their Personal Relations. On the cross examination of Mr Wallace, Mr. Nelson questioned him na to Mr. Gonzales* feeling towards the prisoner. Mr. Wallace did not know that Mr. Gonzales harbored enmity to wards him. Mr. Nelson inquired of he did not know from The State editorials that Mr. Gonzales' attitude was bitter towards Tillman. The prosecution ob' Jected that the editorials, which were In evidence, spoke for themselves. Mr. Croft adopted a similar line towards Mr. Kohn, as did Mr. Nelson towards Mr. Hoyt on the cross examination. A Peculiar Request. Mr. Nelson asked Mr. Hoyt to put on the coat and vest of his dead friend, ostensibly to exhibit to the Jury the holes, some of them blood stained, made by the pistol projectile of the Luger pistol, and Mr. Hoyt com plied with the trying request, as Mr. Wood of The State's reportorial staff had done on the day preceding. In complying, Mr. Hoyt took off his own coat and turned his buck to the view of the whole court room as he put on tbe blood-stained garments of his dead chief. The witness tried in vain to conceal the emotion which this pro cedure aroused. Mr. Nelson ques tioned Mr. Hoyt closely as to his own feelings towards tbe defendant and his replies, forming an interesting incident of tbe trial, appear In his testimony elsewhere piloted in full. Other Objections. When Dr. Babcoek testified as to Mr. Gonzales' statement ot the hospital, tbe defense emphatically objected to the admission of parts of it which it was claimed did not bear on the actual circumstances of th? shooting. The point was argued at i-ome length, and then counsel withdrew the objection. Mr. Nelson, cross ?xamiuing l\v. Barron, the brother-in-law of Mr. Gon zales, prefacing the question by saying that he did not intend* to wound his feelinus, but merely to show his frame of mind, asked: "Did you say that if Tillman weie acquitted be would be killed?" The witness responded with positiveness that he did not, and In like manner to other questions of similar trend. Such were features of the third day, and all appear fully in the testimony .printed below. THURSDAY'S Pilot ICIOIMNGS. Lexington, Oct. 1.?In the history of/ the com ts of South Carolina, today at Lexington will be unique. For the whole time, save about half an hour, that the court was in session It was en gaged in hearing the editorials of The Staate read by Mr. Elliott of counsel for the prosecution. It was a task for Mr. quired him to stand on his feet from 10 o'clock until 1.30 and from 3 until C. All Elliott of no light character. It re this time, except for the interruptions of counsel for the defense?which for tunately at least for Mr. Elliott were not Infrequent?it was his task to read so that the jury, the Judge, the law yers and the spectators could hear. Moreover, he had to read with care, pointing out in the editorials where quotations were used or not used and explaining the divisions of the various editorials, ib between original com ment and extracts. Without the Inter ruptions and explanations more ground would have been covered, but that would not have Lightened Mr. Elliott's work. The voice of the reader was clear and distinct throughout the court room and his temper was always un rudlcd, in spite of what would have annoyed many nnother man of less poise. When the court convened yesterday morning the spectators were again not numerous. Mr. August Kohn. chief of The News and Courier's Columbia bureau, took the stand to conclude his testimony, but at the suggestion of Mr. Nelson, the cross examination being then on, readily assented to by the so licitor, he was excused until tomorrow on occount of Yom Klppur, Mr. Kohn being of the Jewish fulth. Mr. Wash King, a representative in the lower house of the legislature from Flo ence county, testified to having roen a pistol In the prisoner's pocket at Wright's hotel on the day preceding the shooting. Mr. King is the second legislator to swear that his eyes were met with this spectacle on this day, Dr. Lancaster of Spartanburg having sworn that he saw a pistol In the pocket of South Carolina's then lieu tenant governor as he was standing In the State house yard, not a great dist ance from the scene of the fatal meet ing. He Is the fourth member of tho legislature to appear as a witness for the state and there are others and from other counties. When Mr, Elliott had read from the files for a little while, Mr. Johnstons of the prisoner's counsel Interposed to re mark that the stenographer, Mr. Mac feat, was not taking down the edito rials as they were read. Judge Gary suggested that the some thing had oc curred to him, Mr. Maefeat suggested to Mr. Johnstone that he believed he was acquainted with his duty, that he was noting the dates of each editorial and the captions and handling them as lie had always handled documentary evidence. Mr. Jonnstone disclaimed any intention to reflect upon the sten ographer and so did Mr. Nelson. Counsel for the defense colled Mr. Elliott's attention to certain- editorials that he did not read. "They do not benr on the defendant," Mr. Elliott re plied. Judge Gary ruled that the State could be compelled to rend no more than It desired. All the editorials In the files are In evidence and can be read by the defense if desired. On numerous occasions Mr. Elliott read parts of editorials which concerned Tlllmnn and said that the other parts were In no way connected with th* (fax ami he would therefore not read them. Counsel for the defense Insisted that each editorial must be read as u whole and Mr. lOlilott gracefully complied with their view. Consequently the time of the Jury and the court was largely taken up with hearing ancient history of South Carolina politics. However, Mr. Croft suggested that sometimes what Mr. Elliott believed did ndt concern the case might strike the defense differently. A New Question. With the entrance of the editorials comes a new question?one- long settled in most States ami communities und whlcli may be regarded anomalous in any civilized country. Strictly it is ih part of the trial, but the question may be tried nevertheless. It will not be finally settled for South Carolina by this trial, no matter what the trial's event, but it is a ghost that will not down. Shall a public newspaper in carrying out Its policy of protecting the Interests of the people be permitted to expose those whom it deems un worthy, unlit and dangerous when they nspire to public office? Assuming that the dead man In this case believed In the truth of his editorial statements, assuming for the sake of the argument only that they wore true, assuming not asserting?for that is not the re porter's province here?that editorials read yesterday wore justified by facts in possession of the editor, had he the right to give them publicity? Consid ering a hypothetical case, not this case, in which a candidate was a thief in the knowledge of the editor, must the edi tor in tenderness for the candidate's feelings leave idle his pen? Must the editor treat all public men with studied courtesy, whether they be good and true or base and false? Have the peo ple the right to expect no protection from newspaper publicity and does tho editor owe then no duty? What Is th< editor "there for?" To Illustrate: Two winters gone an awful railwuy disaster occurred In New York city. Scores of persons, men, women and children were slaughtered In the wreck. One of the most conservative newspapers In America, a newspaper two centuries old, investigated the affair and delib erately declared that the accident was caused by the failure of the owners and manngers of the road to provide neces sary facilities for safety. They were murderers, it asserted, these millionaire magnates, and one by one the newspa per named printed their names con spicuously apart from other matter with the declaration that they had murdered their Innocent patrons and one of them so unqualifiedly branded wos then and Is now senator in the American congress. In this trial quite 0 similar question is before the court?not technically, not officially, not. by acknowledgment as yet of either party, the State or the accused, but the question Is dinning itself into every oar with damning Iteration. Vibrant and charged with it is the whole atmosphere of the court room and more?the whole atmosphere of South Carolina. Shall exposure of the wicked be eliminated from the pages of the South Carolina press, shall this press be shorn of a duty to^jhe people, shall its arms be placed In a straight Jacket? The endeavor of the defense will be to establish that the man who fell pierced by the missile from the Imgcr pistol was actuated by personal enmity. That Is sufficiently Indicated in the cross examinations. Whether the de fense will succeed In Its contention the future must toll. Other grounds for a good defense may be established, showing justifiable or excusable homi cide and the event Is not here to be forecasted or Influenced. That Is. the province of the court and Jury. Yet the political policy of u great dolly news paper is in large part in evidence. Edl haps It ought not to be?perhaps It Is foreign, perhaps "persona non grata" to the trial, to quote a quotation al ready used^by learned counsel, but the naked fact Is that It Is. It has como with the coming into the evidence of these voices of the dead editor that live in cold type and, apparently, they come with the sanction of both parties to the controversy?with the subpoena duces tecum of the defense and the of fering in evidence of the files by the prosecution. . l'ltlDAVS pico? i :i :di ;. <.s. I I I The moat important witness yes- j I tcrday was young Dr. E. C. L. j j Adams, known by his friends in j I Columbia and Lower Richland as j "Ned" Adams, and a strong and | j active supporter of Jim Tillman in | I la3t year's campaign, having been j j Tillman's friend siuco serving under j j him in the First South Carolina | j regiment. Speaking of conversa- j j tions with i ill man during the cam- ' I paign, Dr. Adams related threats j j Tillman made against Mr. N. G. | j Gonzales, his most important state- | j ment being the following: I Q. Well, now, did you advise j j as a friend in that matter? A. I j j told him that if he wished to be | I governor of South Carolina he j I would have to fight Mr. Gonzales) j I that the men who were supporting | j him expected him to defend him- | I self. j Q. What did he make answer to | that? A. He said, "That won't do, j because I am lieutenant governor | and will be impeached; but you j boys need not worry, for, by God, I | will snuff his light with this." (Is- j dicating.) Q. Did he ?ay anything about | walking the streots? A. He said, | "I have walked the streets every j time I have betn here in the hope j of meeting Mr. Gonzales." Q. Did he say anything about | going to The Si Ate office? A. I j suggested to him to go to The State j office and fight him, but he said he j could not get fair play. I offered to j go with him and see that he got it j but he said, "By God, that won't | do." Q. What did you say ,ibout a pis- j tol or anything? The Witness?H? snirl, "You boy? j need not worry, for by God, I will snuff his light with this," tAking his pistol from his grip. Q. Did you hear any additional conversation between Col. Tillman and anybody else? A. On one oc casion there was a man in Col. Till man's room reading an editorial from The State, one which spoke of him as a blackguard and a liar, and I don't know what else, and another speaking of him challenging or fighting Gonznle.n *I think Mr. Gm tales' writing?as "mock theatri | cals." Q. Did Mr. Titlman say any j thing? A. He said, "He can call it I mock theatricals if he wishes lo, j but I will make it the God damnd est tragedy that ever happened in I South Carolina." Lexington, Oct. 2.? The fifth day of ?1S trial of James H. Tillman upon the charge of murder saw the heaping up of testimony of crushing weight, it is to be borne In mind, of course, that this is the State's side of the case and that the defense in due time will havo its turn. What the defense will prove nobody knows or can know, but one thing even now Is plain, and that is that the State's case Is immensely strong. Why? For the good reason umong others that the witnesses who huve been examined are men of known chtrracter and of established reputa tion. They may be mistaken in some of their recollections of the tragedy en acted In Columbia?a trugedy, by the way. which according to the testimony of Dr. Adams toitay, had at least one prophet (the prisoner)?but In general confidence In their recitals cannot be broken down in South Carolina. Whether or not their Joint testimonies have us yet made out a case of murder is to be Judged by others than the writer, but the issues Involved In this trial are so tremendous In their Im port that they deserve the careful con sideration of every intelligent citizen of South Carolina. Men like Talbird and Brown and Dowling, Uomar, Alken, Lancaster, King and Cause and numerous other of the witnesses are known all over the Statp end the read ers of the stenographic testimony, ap pearing daily, are able to Judge for themselves whether or not these wit nesses are to be believed. The testimony for the prosecution to day was in the first place as to threats ami In the second of eye witnesses-to the shooting or its accompanying inci dents. Not all of the witnesses to the assault on Mr. Conzales have as yet taken the stand, some of the most Important remain to be sworn, but enough have been heard to convince the most incredulous that no ordinary peril confronts the accused and no or dinary task lies before his extraordin arily zealous array of counsel. A new theory of the defense wns foreshadowed In the cross examination of some of the witnesses by Mr. Nelson today, namely that the possibility ex ists that after all Mr. Gonzales had a pistol on his person which may have been extracted surreptitiously after he was wounded. The prosecution In stantly met this suggestion and Wit nesses were sworn who testified con cerning the person of the wounded man and his clothing almost from the mo ment that the missile of the Luger pis tol pierced him. The new theory re ceived a distinct setback, too. In the testimony of State Senator Talbird, who was one of Tlllman's two acci dental companions when tbe lieutenant governor of South Carolina shot the man he hated In the streets of Colum bia. After the shot, says Senator Tal bird, he sprang between ihe two men exclaiming, "This must sop!" Talbird declares that In tbe Jail the same after noon Tillman said that he would have fired a second shot bad he not feared that the ball would strike Talbird. In tbe time that Talbird. was a barrier be tween Gonzales and bis assailant bad not the wounded man the opportunity to draw his weapon hud It been upon his person? The spectators saw .and heard In the cross examination of August Kohn this morning a fair sample of what an able and accomplished lawyer cannot do by methods of questioning most uproar ious in declamation and terrific In man ner. Mr. Nelson commenced with Mr. Kohn, who Is The News und Courier's correspondent In Columbia. Now Ifl there is any living man within the bor ders of South Carolina who has achieved a reputation as a speclallst in the accurate Statement of facts, that man Is August Kohn. It Is probably no exaggeration to say that he has told the truth more times than any two men of his age In the State. The reason Is that he Is an anmlvorous gatherer of news. Indefatigable In gathering it and Writing it for his newspaper. Informed people know how rarely has he been asked to make a correction as to facts In the 12 years or more of his profes^ sional work. Nevertheless, this was the man whom Mr. Nelson and Mr. Croft essayed to rattle, to stampede and entice Into contradiction. They went at It with magnificent gallantry. Mr. Nelson endeavored to find out If Mr. Kohn knew of the personal feeling entertained by the dead editor towards the late lieutenant governor, now the j prisoner at the bar. No, Mr. Kohn did J not know Mr. Gonzales' feeling In tills i matter, lie associated familiarly with, Gonzales for years, but Gonzales had not mentioned Tillman to him. Did | not Mr. Kohn recall an editorial of The j State in which the prisoner was de scribed by various strong terms which Mr. Nelson delights, or seems to de light?perhaps it I? painful to him after all?In reiterating with a gllbness highly flattering to his memory. Mr. Kohn observed that Mr. Gonzales might have written tltose terms from a sense of duty to the people without feeling any personal animosity towards their object. Mr. Kohn's answer did not soothe his assiduous questioner. In some way, Mr. Croft got Into the game all of a sudden. He advanced. Mr. Croft hns a superbly modulated voice, of a singularly touching dolorousness. That voice he raised. And advancing raised his hand. The wilting of Kohn was Imminent! "If you have tears, prepare to shed them now," whispered one of the cowering reporters in the remote corner of the "press gallery" to another as he viewed the appalling dis aster lowering over their comrade In the witness box. Again Mr. Kohn's replies, his accents do not purl with the dulcet music of a brook, did not seem to appease. "In the presence of the Living God, Mr. Kohn, In the presence of the Living Christ?face that Jury take down your hamta?do you mean to soy that a uinn may describe another as a coward, blackguard and scoundrel and not have enmity against him?" or words to that effect. So the voice rose and soorod and roared and thrilled to the ethereal vaults of sublimity?and yet the hardenod Kohn remained un wllted. It was a beautiful storm. It lulled for an Instant and Mr. Kohn came In with something like this: "An editor may be like you lawyers, Mr. Croft, who in performing their duties to their client may say severe things without entertaining animosity," "Mr. Gonzales might have, I think, spoken of President Roosevelt as a traitor to the white man's party and yet not have entertained personal hatred of Roose velt when he wrote It." For literal ac count see stenographic report. Mr. Croft's style of cross examining a wit ness as Illustrated In this Instance Is not uncommon to lawyers. It l" re garded legitimate by a highly ethical profession and It Is not for a layman to criticize. Mr. C. J. Terrell, editor of the John ston Monitor, was sworn by the pro secution. He testified to a conversation In Kdgefiold last summer with the pris oner in which the prisoner said among other things that unless the editor of The State ceased his attacks ho would shoot him and give him no more chance than a mad dog. Mr. Terrell was sub jected to a rigid cross examination, to which ordeal candor and lucid expres sions were fully equal. Dr. Ned Adams. The testifying of Dr. Ned Adams of Rlchlnnd county was a dramatic Inci dent of the day. Dr. Adonis is an athletic appearing young man, with a strong, firm east of countenance. He was a soldier In Tlllman's regiment. He had supported Tillman for gov ernor. He had told Tillman that he must flght Gonzales If he would he governor of South Carolina. When Tf.i man replied that he could not get "fair piny," he had offered to go to The Stote office with Tillman and see him got It. Tillman had replied, placing his hand on his pistol, that "he would snuff Commies' light from him with that." Then later In Tlllman's room a copy of Tho State had been produced contain i' v lug harsh terms ubuut Tlllman and suying that he indulged In "mock the atricals." Tlllmun read It and said? ?and the witness repeated the words slowly und distinctly while a silence of the very grave reigned throughout the court house?"He calls it 'mock the atricals.' but I'll make It the G?d d?dst tragedy that ever happened in South Carolina!" The Senators. t Senator Brown of Darlington and Senutor Talblrd testified substantially us at the coroner's inquest. There ap peared between their accounts the dis crepancy as to their relative positions With Tlllman. Senator Brown said that Talblrd was in the middle and Talblrd said that Tlllman was in the middle of the trio, it was perfectly clear that both told the facts as they remembered them, but the testimony of others os to where Mr. Gonzales and his assail ant were standing when their attention was first attracted by the pistol's re port Indicates that Mr. Brown's ver sion Is more likely to be substantiated. Congressman Aiken's testimony brought out that after he and P. H. Domlnlck. who was walking with him, passed Mr. Gonzales, the latter then ?pproacliiiiK Tinman, Domlnlck looked around severul times at the receding figure of Gonzales, Just before the pis tol was fired. Personal Relations. Clearer than anything olse In the trial, BO far as the defense Is concerned. Is Its effort to prove by witnesses on the cross examination that Edltor Gon zales had personal enmity towards Tlll man. The efforts to obtain statements from the witnesses that they know from rending the editorials that the . editor was personally bitter towards the lieutenant governor are ever re curring and Incessant. This affords the opportunity to bring before the Jury harsh terms employed in the editorials j apart from the context?which context i usually consists of arguments of Mr. Gonzales to Justify them. However, well understood it is by many, and should be by all, that an editorial ex pression is presumably not an expres sion of personal feeling, It Is often difll CUlt to make clear this distinction to the lay mind. Newspapers in the great cities have so many writers on their staffs that the public never thinks of the personality of any Individual, even of the editor-in-chief, but the editors of the newspapers In smaller communi ties are constantly in the thoughts of the average reader. The attorneys for : the defense realize the advantage they have In this, and they ere making the most of it. Indeed, so far, this has been far and away the engrossing ef fort of the defense In the trial. When Congressman Alken was on the stand It developed that he was a commissioned ofllcer In Tlllman's regi ment in the War with Spain. On the ' cross examination he was asked as to I the defendant's reputation in the regi ment. The prosecution objected. The I defense pressed the question and a COlloqUoy ensued. Then suddenly Mr. I Croft Inquired If the State still ob jected. Mr. Crawford said that the State had objected. With his usual glare, Mr. Croft acquiesced. Mean while, the reporter was Impressed that the defense was not acutely disap pointed that Mr. Alken was not per mitted to answer the question. What would have been bis reply must be an unsolved puzzle. Much Court Work Ahead. It Is not likely that the State will rest today. Bather may It be expected ! that two more d.uys will be consumed. Then the defense will introduce Its tes timony and the expectation is that this will consume fully as much time as the State has had. The State will then have the opportunity to Introduce tes timony In reply, after which will fol low the nrgummts and the Judge's I charge. Hence the outlook for plenty Of hard work for the court and All con nected with the trial Is bright. WHAT WAS DONE SATURDAY. Lexington, Oct. 3.?On behalf of the State today the witness nearest to N. G. Gonzales and nearest to James H. Tlllman except the two State sen ators who were walking with Tlllman when Tlllman with bis Ger man magazine pistol mortally shot Mr. Gonzales, was sworn, and testified. This witness was a wo man, Mrs. Emma c. Melton of Colum bia. T'i'.ng her story In u low voice, with co.oposure and with a tone of certainty rather than emphasis, In a few brief, plain sentences she drew a picture, with lines as clear cut and definite as those of a geometrical llg- | ure, of the shooting of Mr. Gonzales! that lives and will live In the minds of those who heard It. Her recital open ed with the trio of legislators walk ing north from the State house whom she recognized as the lieutenant gov ernor of South Carolina on the outside, closest to the street, Senator Brown of Darlington nearest the building on the inside and Senator Talhird, whom she did not then know, in the middle. Who has not before the mind's eye the scene as she depicted it? The woman in black walking rapidly, the day Mtter cold, her morning's work in the engrossing department of the legisla ture finished. She approaches within a few steps of the threo men In front, flanked on the outside by the tall fig ure of the presiding ofllcer of the sen ate, wearing a long dark overcoat. Htm she recognized and her old friend from childhood, Mr. Brown, as well. There Is an open space between the latter and the building. Her steps bend towards It for she expecta to pass. At the moment she observes the editor of The State approaching from beyond and at the same time he turns to cross diagonally towards the same opening. She watches him closely, with the view to catch bis eye, intending to bow to him. Though she had only been In troduced to him, his figure Is well known to her. His arms arc at his sides, bis bearing Is natural, his face Is "placid" (the words quoted nre Mrs. Melton's), he seems "absorbed In his thoughts." Yes, "absorbed In his thoughts"?ah, how well, how truly will thousands of people in Columbia recall the familiar figure^ walking In their streets, a thinker by nature and habit with a mind so given to con templation that many a time his kin dred and closest friends were passed by without receiving his salutations. Now Mr. Gonzales Is "within a step" of a lino formed by the trio. He Is "Jn the not" of taking the step. The woman, the witness, still looking at him, Is so close that almost "she could have touched him." At the Instant, Senator Brown turns towards her, and there Is a report, ns of an explosion I from the sidewalk at' her feet. She 1 is shocked, terrified and as to the more material features of Mrs. Melton's tes timony the curtain Is rung down. Whatever the event of the trial, the picture she has drawn, its lines deep gut in adamantine truth, must endure. Mrs. Melton was the last witness Introduced today for the State. Judge Crawford conducted the direct exam ination with consummate tact and skill and Col. Croft the cross exam ination with considerate courtesy. The success that he achieved In "shaking" the testimony of the witness is best measured by the size of the point to which he chiefly addressed himself In his questions. In her affidavit at the ball hearing Mrs. Melton had said in effect that Senator in-own turned and before he could speak came the re port. Today she said that he was In the act of turning when the report was heard. In other words Col. Croft stren uously directed his abilities to the dis section of, literally, the fraction of a second of time Into its constituent parts. Recess Till Tuesday. When the court convened Judge Ga ry announced that In deference to the witnesses on both aides he would at 1.30 o'clock suspend the trial until next Tuesday morning at 10 o'clock. The jurors for the third week of the Lex ington court, it was stated, are ex cused from reporting at Lexington Monday as It is of course understood that no other business than the pend ing trial will be disposed of during the week. The Witnesses. A. Q. LaMotte was the first wit ness examined for the Stale. He did not see the shot fired, but corroborated to a degree the testimony of other Stote witnesses as to the position oc cupied by Mr. Gonzales and the pris oner. C. M. Llde was next sworn. He too testified that the three men approach ed In the relative positions described by Senator Brown. He declared that after the shot was fired and Talbird sprang between them he saw the pris oner moving his pistol to and fro over Talbird S shoulder as though he would shoot again?which calls to mind Tnl bird's testimony that Tillman told him at the Jail on the day of the shoot ing that be would have shot again ex cept for the fear of shooting Talbird. August Schledman, a youth of some, 18 years, an eye-wltnoss, added ma terially to corroboratlon of other State's witnesses. He also thought the prisoner was going to shoot again. At the conclusion of Mrs. Melton's1 testimony the solicitor announced that i the State was not ready to close but i asked a suspension until Tuesday morning to give time for other wit nesses to arrive. It might be that the State would offer other testimony. First Witness for the Defense. At this point Mr. Nelson for the de fense stated that Miss Roper, a material witness present for the defense, was now a resident of New York, a trained nurse employed In a hospital, that it was necessary for her to leave this afternoon or she would lose her posi tion, and that unless she were held under bond, the defense was powerless to keep bei- here. Mr. Nelson touching ly related the urgent necessities of the < ase so far as the defense was con cerned. Some debate among the law yers ensued, the defense finally sug gesting that If Miss ltoper were al lowed to testify today, the State could continue Its testimony Tuesday with out being compelled to "rest." Mr. Johnstone, at some length, de livered a moving and eloquent oration on the subject, pointing out that Miss Roper had been in South Carolina since the 21st, waiting to testify, and painting in striking colors the import ance to Miss Roper of leaving for New York in the afternoon. Mr. Bellinger, for the State, said that counsel for the State had agreed to Insist upon the regular and ordinary conduct of the trial from its side. The State merely wished Justice (lone and the Interests of Justice would be affected by a departure from the usual rule. To place a witness under bond, be said, Involves no humiliation what ever. He did not for a moment con template that the lady need go to Jail, the very thought was repulsive to him, but the merely formal attachment of her signature to a bond carried no hardship with it. Judge Gary, how ever, took the view of the defense, tin; understanding being that the Stato' may offer other testimony if It so de sires. Miss Roper, a young woman of good presence and bearing, was then in troduced. She testified substantially that when a trained nurse at a hos pital in Spartanburg in or about July, 1902, Mr. Gonzales visited for two days and a half, his uncle, Capt. Ralp El liott, then hopelessly 111 in the hospital ami under her core. He talked to her about the lieutenant governor, and used the terms "coward" and "vllllan" in describing him. All of her conver sation with Mr. Gonzales was pleasant. She told Mr. Gonzales of her family connection and long acquaintance with the Tllhnans, He inquired if she con sidered the lieutenant governor a brave man. She said that she certainly did. Then he said that twice he, Gonzales, had mnde Tlllmnn show the white feather, that Tillman had twice chal lenged him to duels, which he had not acknowledged and Tillman had so little resentment about him that he came to him In a hotel \ah\Yy in Washington, spoke to him and offered him a cigar. It wan noted that she did not testify to any threat on the part of Mr. Gon zales. The extracts below from the stenog rapher's notes give her testimony that she related the conversations with Mr. Gonzales referred to to the pris oner's sister. Her affidavit, presented on the motion for a continuance at the April term of the Rlchlnnd court, also printed below, spenks of her hav ing communicated similar remarks to Lieutenant Governor Tillman. Prom stenographic notes, cross ex-' lamination by Mr. Relllnger: Q. You say when you met In De cember Lieutenant Governor Tlllmnn that he said to you "thank you," and he said he heard you had been a true friend of his in talking up for him? Did you tell him what Mr. Gonzales had sold about him? A. No. I mink I told his sister; I'm sure I hod told his sister. Q. He spoke to you and thanked you for having taken up for him ns a true friend? A. Yes, sir. Q. You told his sister some time be fore that? A. Yes, sir. Affidavit of Miss Roper at hearing for continuance, Richland court: staio of South Carolina?County of Spartanburg?Miss Julio Roper being duly sworn,soys: That she Is by profes sion a trained nurse, and is engaged now as such; that dui Ing the summer of 1902 she was nursing Capt. Ralph Elliott In Spartanburg, S. C, who was then sick, suffering from dysentery; that his nephew, Mr. N. Q. Gonzales, enme to see him during his illness, and deponent saw Mr. Gonzales frequently; that In discussing the difference be tween Lieut. Oov. Tlllmnn and him self, Mr. Gonzal.'s said on more than one occasion to deponent that he, Oonzalea, had made Lieut. Gov. Tlll mnn show the white feather, and that he would do all in his power against him and wrh exceedingly bitter In his denunciation of Mr. Tlllmnn; that she communicated the ahovo remarks of Mr. Gonzales to Lieut. Gov. Till man. (Signed) Mary Julia Roper. Sworn to and subscribed beforo mo this, 17th day of February, 1903. (Signed) Jno. Gary Evans (L. 8.). Notary Public for South Carolina. A REVIEW OF THE TILLMAN TRIAL By Jas. A. Hoyt, Jr. For six successive days the trial of J. H. Tlllman for" the murder of N. G. Gonzales has been In progress. During that time the evidence upon which the State of South Carolina asks the prisoner's conviction has been largely presented, and with one day n ore it will probably all be in. Then the defendant's side of the case will be put before the Jury, and afterwards will come the testimony in reply and in rebuttal. This will doubtless consume all of the week now beginning, and as the argument will take several days it will be well into next week, perhaps near Its close, before the trial can be concluded. The analysis and interpretation of the evidence for tiie assistance of the jury In determining truth and Justice is the province of the attorneys on each side. This newspaper would not essay such a task. But the court has ordered that The State shall not be read by the jurors, and it is therefore not unseemly to present an analysis of the proceedings sc far for the benefit of Its readers win -ire interested, some of whom may in . have the time to peruse the evidence in detail as It Is given in The State day by day. This analysis is given with a full under standing that certain persons stand reaily to charge partiality, animosity and bias to Its writer, as to the news paper in which It appears. What Has Been Proved. The prosecution has proved that Narclso Gener Gonzales, editor of The State, was on the 15th of January, 1903, shot by J. H. Tlllman. then lieutenant governor of South Carolina; that the shooting occurred on the corner of Main and Gervais streets, in Colum bia; that the shot was tired from a Imger magazine pistol, a large and deadly weapon, unfamiliar to people in this part of the country; that Mr. Gon zales died from bis wound on January 19th, surgical skill being unable to save his life; that within an hour of the shooting be made to bis assistant und friend a statement as to the oc currenco and that within another hour be made another statement, more for mal but differing only slightly from the other, to four or five men, each of un impeachable veracity; that before mak ing these declarations Mr. Gonzales ex pressed the belief that be was going to die, that be bad received a mortal wound. To the establishment of the main fact in the case, the shooting itself, the prosecution has brought up eye-witnesses to the deed whose testi mony not only agrees the one with the other remarkably well but which coin cides just as well with the statements of the deceased. The Main Fact. This main fact is that N. G. Gon zales was walking alone on the east side of Main street towards the capitol and J. H. Tlllman, with two men, was coming In the opposite direction; that as they approached each other, Mr. Gonzales went from the outside to the Inside of the pavement towards the transfer station corner, and as he passed the three men Tlllman fired. As to what was said then testimony does differ but so far there has been no evidence to show that Mr. Gonzales did anything inconsistent with bis own I statement that ho intended to pass Tlllman and proceed to bis home. There Is no e idence that be made any movement towards bis assailant either before or after the shot was fired and It is clearly proven that Mr. Gonzales' face showed no sign of hos tility, that he wore bis usual expres sion, and that he was walking In his usual absent-minded fashion, neglect ing to speak to even so good a friend as Wyatt Alken Or failing In his near sightedness to recognize him. As Mr. Ball said yesterday, to those who know N. G, Gonzales this picture is as true to life as it could be drawn. No one knew N. G. Gonzales better than the man who writes this, yet time after time Mr. Gonzales has passed him on the street, dose enough to touch, with out seeming to see him at all! And the hands in the overcoat pockets with the thumbs outside! With Mr. Gon zales this was not only a personal habit ? It Is a family habit. Another Picture. Turn from this picture to another. The first, If you win, is painted by the friends of the dead editor. The second Shall be drawn by the friends of the dead man's slayer. You may disregard it j ou wish the declaration to Black and to Terrell of the intention to kill Gonzales, you may disregard the con versation in Edgefield overheard by Arthur and Broadwater, but there Is no getting mound the emphatic and explicit recital of Dr. 10. L. Adams. Here Is the prisoner's comrade in arms, his ardent political supporter, who ad vised him to meet his accuser face to face and resent bis accusations man to man. offering to ensure*, fair play by his own presence. There irt the accused refusing this plan and dtclarlng, "I will snuff bis light with this," taking Up a pistol. There is the accused com menting on the Imputation of melo dramatic tendencies to himself, as serting: "He can cnll It mock thea tricals If be wishes to, but I will make It the God damnedest tragedy that ever happened in South Carolina!" And how the end bore out this prediction! "Ned" Adams is too well known in Blchlnnd county to admit of the thought that any effort will even be made to Impeach his veracity, yet the tragedy Itself was sufficient to sustain the truthfulness of his testimony; his bearing on the witness stand?indicat ing a straight-forward fearlessness, an inherent and inherited iove of justice and manliness?could but make an In eradicable impression on nil who heard him. Two Other Pictures. vThere ore two other pictures. One is drawn by another friend of the prisoner, Representative H. Spann Dowllng of Hamberg, who roomed next to Tillman at the Caldwell, waa In his room that morning and with htm during the day. As soon as he heard of the trag edy he went to the Jail and expressed his regrets that his friend was In trouble. Then at his request he went to ascertain the condition of the man lying so sorely stricken, and? returning with his report was told by Tillman: "If I hit him where I aimed, he Is sure a dead man. The ball I used won't change its course." In connection with this, remember Senator Talblrd's testimony us follows: "Q. Do you know or not, did Mr. Till man ever say why he did not shoot again? A. Well, sir, about that he gave two reasons when I went around to the Jail. One was, he said that he did not shoot again because he was afraid of hitting me; the other was, that when 1 threw up my hands and said, 'This thing must stop,' he did not shoot again." The other picture is about the same time as this. The wounded man is be ing carried to the hospital In an ambu lance; he Is accompanied by none of his family nor his friends, only a phy sician who knew him but slightly. It is Dr. Jas. H. Mclntosh who portrays this scene: "Q. On the way did he ask you any questions about his condition? A. Yes, sir; on the way to the hospital 'he looked around the ambulance and saw there was no one else in It, and he said to me: "Doctor, I want you to tell me frankly whether I am mortally wound ed or not.' I replied to him: 'Yes, Mr. Gonzales, I am afraid you are mortally w< unded,' and he simply said: 'Yes, I think the fellow got me,' and with that he covered up his face." It was after this knowledge that he was on the border of eternity, after these moments of undisturbed reflec tion as he looked death in the face, that he gave his second account of the shooting to such men as Dr. J. W. Habcoek and August Kohn. Prepared to meet his God, he said he had sent his slayer no message, that so far as he was concerned it was all ended five months before. This In the main Is the case against J. H. Tillman. The Defense. What the defense will be Is, of course, impossible to conjecture. To break down the evidence of the prose cution Is an accepted mode of pro cedure which will prove Impossible in tl is case. Ji Is useless to impeach th* veracity of such persons as Senators Thomas Talbird and George W. Drown, of Mrs. Emma C. Melton, C. M. Lide and the other eye-witnesses?all of whom are perRons of unusual intelli gence and the highest repute. To prove by witnesses their equals In c'lirao ter and Intelligence that,i'^/. G. Gonzales was about to assau'/ J. H. Tillman when Tillman shot donzales Is necessary for the making of a case of self-defense. Can It be made? There is no other legal provocation for the killing which Tillman can plead, unless It be that he knew Gonzales had threatened his life or that he had sent the defendant a warning message. The Implication of the defendant's state ments up to this time has been that some such justification would be at tempted. The difficulty of proving it cannot be underestimated even by the defendant's own counsel. Already one witness for the defense has testified and she told of alleged remarks the deceased made In her presence concerning the prisoner. Miss Roper, a trained nurse who repeated a conversation in a death chamber, simply said that Mr. Gonznles said he "had made Mr. Tillman show the white feather twice, that Col. Tillman had challenged him to two duels which he did not acknowledge and that Col. Tillman had no more resentment than to come in the hotel lobby and offe him a cigar, which he refused." Thr Is not the semblance of n threa' that nor did Miss Roper say Mr. zales had made one. Her test' . In fact, had no bearing at all r*P*3Sl killing, since she merely repeat The opinion of Jim Tillman which M* . zales had expressed to her, thd'IZCS, opinion he so often expressedor a]j paper. The "Higher Law." '} c;l'st jihIos This la the legal case. The. evidence In the court at Lex. . every copy of The State published dm ing the year 1902. It was during six of those twelve months that N. G. Gor? zales as editor of The State so p sistently assailed tne public record i the theH lleu'tenmt governor. Thet, editorials have been read to the Jury and the Jurors will have the right to Inspect them for themselves. Can any thing be found therein to Justify the defendant In believing that N. G. Gon zales would assault him on sight? If not, is there yet anything said In those editorials which tended to destroy the (good reputation which the defendant ! may claim to have had? Did those edi torials unjustly and untruly attack hia character? The prosecution has put the editorials in evidence In ordr that the Jurors may see for themselves what they contain?whether they be scurril ous, unfounded, reckless diatribes or whether they be specific, definite chiuges sustained by ample and un shakable proof; charges approved and reiterated by a majority of the South Carolina newspapers; charges against the second highest officer of the com monwealth aspiring to the highest office, not charges nguinst a private citizen nor one not n candidate for public con fidence. And It remains to be estab lished that there charges were prompt ed by personal hostllMy and not by a high and noble sense of an editor's responsibility to the people. THE MANCHESTER MARKET. Considerable Injury Last Week for Eastern Outlets. Manchester, Oct. 4.?There was con siderable Inquiry on the cloth market last week for eustern outlets, notably China. Huyers are readily disposed to operate, but manufacturers stiffened their rates and business was Irregular. Some sellers negotiated a fair number of orders but others made little or no progress. The bulk of the transac tions have been for forward delivery and, therefore, producers have not ob tained Immediate relief and are fur ther curtailing their output, some closing their mills altogether until the advent of more favorable conditions. There was more South African busi ness done In order lots. Business in yarns was limited and difficult. Spinners disposed of only n limited production. Duftalo. N. Y.. Oct. 8.?Mrs. Jeffer son Davis Is rapidly recovering from her lllnoHs. Her physicians believe she will be able to leave for her winter home In New York next week. CORRUPTION IN POLITICS. Dr. Floury Van Dyke Scores It in a Sermon. Princeton, N. J., Oct. 4.?Before the students in Mnrquand chapel today the Rev. Dr. Henry Vnn Dyke preached a sermon on the text. "Turn ye not aside." He severely scored corruption In modern politics and pointed to the prophet Samuel as the cleanest of poli ticians. Dr. Van Dyke said: "The general tendency in politics Is to 'get there' nny way you can and too often the end Justifies the means. You know well that success In this field of public affnirs is not possible to the scrupulous. In public life you must bend your principles to conciliate ths bad people whose vote you need." The First Railway Train. London, Oct. 4.?The governor./hite British Gold Const announces] a ? rival October 1, of the fir. * At train at Kumassl, eapltrJtl J. Mills and 104 ml lea north c castle.