The county record. [volume] (Kingstree, S.C.) 1885-1975, October 08, 1903, Image 6
THE TRIAL OFJ
About Two Hundred Witnesses to'
Be Heard.
A GREAT ARRAY OF COUNSEL
The Trial Proceeds Rapidly, Although i
Every Inch of Ground Will Be
Vigorously Contested.
The trial cf former Lieutenant Gov- '
ernor James H. Tillman for the kill- 1
ing of N. G. Gonzales, formerly editor
of The Columbia State, was begun in
the regular session of the circuit court
for Lexington county, at Lexington, on
Monday, September 23. The proceedings
of the trial are given from day to
day from the stenograpner reports ox
the official court stenographer without
color or bias.
Lexington, Special.?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 loth of January
last, a few days before the expiration
of his term of office, was on Monday
placed on trial for his life.
At IP a. m. Solicitor Thurmond announced
the Slate ready.
"We may safely say that we shall
be ready, though some of our witnesses
are not here yet." said ConCressman
Croft of Aiken, Tillman's
. r"- ^ .
[Cut Furnished by Courte.?j
leading counsel and Edgefield law
partner.
The assemblage in the court room,
which, far from crowding, scarcely
filled it. could scarcely realize for a
moment that the trial would actually
begin, so frequent have been the predictions
of further delay. Two sessions
of court have intervened in Richland
since the homicide, *the defense
obtaining continuances at both and a
change of venue at the last. Again
the spectators were agreeably disappointed
when a Jury wao secured by
1:15 p. m. from the original panel. It
would have been secured in half an
hour save for the contest over Murray
Parnell.
The hearing of testimony by the
State was commenced after the recess.
It was mainly confined to
on ctnrv nf f hp JirrPSt
of Tillman, to the identification of
Tillman'* pistols by Sheriff Coleman
and Clerk of Court Walker, toge'uer
with the bullet front the German
magazine nistol v.hirh pierced Mr.
Gonzales through and through, and to
the identification of clothing worn by
him, with it* bulkt holes, on the day
that he was mortally struck, the lat
ter being sw. rn to by Messrs. Hoyt,
Wood and Wallace of The State. .
Nearlv if not all the jurymen wore
place 1 on ' m;- voir dire;, an:, without
o: " the-* swore that they
had c ' no opinions and were
console" ?: ) l-'ns f. r or atainst the
prisoner. a*> attitude remark--:! t?v
some e {"-"-'ar in its unaninit .
considering ! e wide pub'.kity th? i
case has r reived. After Parnell ha ! ;
answere J t) ** " >:al question; the so'!
citor inquire-' :f he had a registration |
certificate. lie replied affirmative!
Unanimous Opinion.
"You don't say? He doesn't behave
as If he belonged to any church."
"Oh! yes; Gay man is a vestryman of
our church."
"That's so. He Dehavea aa If the
eburch belonged to him."
About 400 messenger boys employed :
hf the Illinois District Telegraph ComIU7,
stopped work in Chicago. This 1
; iflHiu wss decided apon as a protest j
vgpaiaat the employment o^ colored j
> 'U . ;
k v* ; .
AS. H. TILLMAN
The solicitor swore Cltrk of Court
George and introduced the county
registration books and on them
Parnell's name did not appear.
A lengthy argument ensued. The deft
nse 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 iticniauu
county.
Messrs. Croft and Johnstone argued
that the name might have been
omitted from the hooks and the State
having propounded the question on
the voir dire had waved the right to
appeal to the books a? the highest
evidence.
Judge Gary held, however, that to be
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 ruling
with the evidence in hand.
His honor ruled that taking Parnell's
positive statement in connection
with the apparent irregularity of the
books be would admit him to be sworn
whereupon the solicitor excused Parroll
and so yielded one of his five challenges.
Parnell was the second man
drawn, and after his caso 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 attention
an article entitled 'Jugglery With
the Cuurts.' " "i object,' interpolates
?<
7W^rrrrr': v- '
Ml ' . .. ? 10
r of The New York Worid.]
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 addressed
the court and said: "I consider
myself a member of the Lexington
bar and I have heard nothing of a
statement on the nart of the bar."
?Judge Gary?It would not be proper
to hear the statement unless it
comes from the whole bar. I so rule.
Mr. Sharpe remarked that it came
"from the majority of the Lexington
bar."
THE PRISONER BROUGHT IN.
A recess of half an hour was taken
at the solicitor's request during which
the prisoner was hi ought in by Sheriff
Caughman. When the solicitor announced
the State ready. Mr. Croft innuired.
"Is Mr. Ambrose E. Gonzales
in court" and if in response to a suhducts
tecum issued for the de)
T.se had he brought the flies of the
Columbia State from April 15. 13'>2. to
r'rnremher 15. 1I?C3. Counsel for tim
State replied affirmatively, and Mr.
C oft declared that though some of hie
witnesses were s ill absent they would
;.o an,j h,. could safely annournr
thn defense ready.
The prisoner entered the small srmioetagotia!
dock, which is elevated
..bout 12 inches from the floor, and
d in it for arraignment. On one
* Me stood Mr. Croft and on the other
Mi* V 'con Plerk of Court Georco
read the indictment in a matter of fact
ray and the prisoner reply to the us-a'
n..e? ion. said, "not guilty" in a
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 always
wear a stylish wrapper.
A stingy man may hedge and still
not be a hedgehog. I
. When some men get a job they are
between two flree.
.The anti-foreign feeling In Caracas
Is growing more Intense.
voice audible throughout the room. He i 1
was then granted permission to tal:o 1
a seat with his counsel. ! <
The State had exhausted its chnl-! ;
lenges when eight or nine had been j
! sworn and the defense had utilized all I '
' of its ten before the jury box was full, i
Four of the 3C. A. I). Fallow. Joel H.
j Gciger. T. W. Dreher and Simon Cor- I
ley were excused by the court for one :
j or another cause.
I Of the jurymen selected Saylor, Ris- ;
' inger. Loitzsey. Koon, Sharpe. Sheaicy j
1 and Price are farmers; Wood, Ly- j
brand. Corley and J imper are cotton I
! ?>,iii oml 1-IinUs i? n nnrnnr- !
ter. Wood is a boss of a weave room,
i The following jurors drawn were
j challenged by the defense: M. M.
Klceklcy, Eugene C. W'lliams. Luther
J. Hook, J. Laurence Jumper. John B.
| Stark. L. 0. Wilson. G. M. Lewi*. |
i Thos. J. Roof. Geo. W. Derrick.
The following were challenged ov
1 the State: John B. Reed. John J. I
1 Younginer, Noah H. Taylor. Murray '
: Parnell and J. Eugene Lorick.
Policeman Geo. Roland was the first
! witness to take the stopd v.hen court
; reconvened and his. with the testimony
I cf other witnesses. Is given in the sten- i
ographic report below.
Sheriff Coleman was next called, and
' the prisoner's two pistols were exhibited
as was also th? prisoner's overcoat.
Clerk of court Walker also test:3ed
as to the pistols. Requested to show j '
to the jury how the magazine pis.ol |
j was operated. Mr. Walker found some
' difficulty with it. Judge Gray inquired
! if the pistols were oaded. The bullet
I with which Mr. Gonzales was mortally j
; wounded was introduced, the defenap
i not admitting tiiat it was such proj
jectile and intimating that possibly i
v.;'" *' :
*
y., ?J " A H
^WilK>s*' J
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J?frSkPt& x> v Vt;*
I /fc"4p;
Wi J yh&L j?5?\-^ Jf V ' .' *? }. . ii /> *-V.v * .*<
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i4 Ea
M: ' JsilBS!^' -r. ?? 9
Zjv Is on/ tS u
contray evidence would be offered.
Finally, when the witnesses had handled
the magazine weapon before the
jury, Mr. Johnstone, who was sitting
by the prisoner, a-rose and remarked: j
"We are informed that that pistol is j
both cocked and loaded at this mo- j
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 .
I Columbia State, which had been asked ;
| for. The solicitor said that they would j
be tendered at the proper time. Mr. j
Nelson replied that unless they were
! given to the defense beforehand, in ;
j time to be examined, a delay would be
| caused when they were introduced, j
After some further discussion and i <
pleasantries between the lawyers, Mr. I
Crawford of the prosecution declared '
that he had no objection to handing 1
them to the defense for the present, so '
that was agreed i.pon.
Then the court adjourned until 9:GO 1
a. m. torn morrow.
Mr. Ambrose E. Gonzales, eldest j
brother of the late editor, was present . :
throughout the day.
Such is an outline of the first day's
story. Every poini was contested close!
ly as it arose. Brief delays were not in
frequent and the indications are that |
1 the trial will he long drawn out. At no I
Notes end Paragraphs.
Victor Emmanuel will pay his postponed
visit to Paris between October
12 and 16 next. Great preparations are
being made for his coming. As he la
well known to be an enthusiast In numismatics,
fifty-five medals will be pr* ented
to him. Rome of these are of
great hlatoric valine; ranging from the
days of Richelieu to thoee of Carnot.
Taure pad Lou bet A few of thm coaSMBMlpte
happenings'!!* Jtaly. such aa
the ^hptoradoa of Venice. A apodal
medal win bo streak la his horaor.
:ime was the court room uncomfortaaly
crowded. At no time was the least
excitement manifest. A stranger would
scarcely infer, except from the great
irray of lawyers, that a- case of uncommon
interest was engaging the
Lexington court of sessions.
Second Pcy's Proceedings.
The second day's proceedings in the j
famous trial of Jas. H. T>l'man for
the hilling of Editor Gonzales showed
good progress in the taking of test'- j
tuony for the prosecution.
Oie line pursued by the State was
with a view to laying the foundation j
for the introduction of the dying
statements of Gonzales. Four of the
physicians who officiated in the operaLion
on Mr. Gonzales after he was
shot were on the stand today, Drs. I
Guerry, I'ope, Taylor and Griffith, an
of Columbia. Much of the testimony i
of the physicians was technical.
Ambrose E. Gonzales, publisher of ;
The State, and a brother of N. G. Gon- j
zales, was callrd to the stand when ;
the solicitor offered in evidence the !
files of The State for the year 1902. i
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. j
The editorials in question are in re- |
laticn to James H. Tillman. Reading
of the editorials was postponed that :
counsel fcr the defense might read !
them first.
On cross-examination Mr. Gonzales j
was asked by counsel for the defense: :
"The relations between your brother
and Mr. Tillman have not been pleas- j
I
.|mj J i
Jftf? Hi E '
-A^ ? f - " /Vt<9? ??W?4
;/^r jg
cafitdl if
jluJi (ZCOUZAMZS uaj jX?t~
ant for some years, have they!" He
replied:
i
"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
uuch 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 defenlant
to have been hostile. His brother
had been, he said, in control of the
editorials, and that his brother wrote 1
them without consultation.
W. B. Gause, a member of the Legiclatnrp
from Florence countv. was I
asked if he had heard Mr. Tillman j
when he met him in Columbia during !
the last session of the Legislature, say
anything about Mr. Gcnzales' 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 i
stopping?' "
Sharps and Flats.
During the year of 1901-1902 the toal
amount spent on tenchnlcal education
by local authorities in England
ind Walaa vaa $5,286,995. A part of
:h!s was rUsaO' by .special loaAS.fpr the (
purpose, bat the major part came from
noneya allotted from the eustoma and
>xcise.
A conference between President
ftooeerelt end the Executive Council
the American Federation of Isbor
n reference to the attitude of the Adainintmttott
toward labor uatoma la elected
to tike place next Monday.
-*
One said he was stopping at one
place, an3 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 seri- i
W. F. Steiglitz, a gun-smith in Co- j *
lumbia. when shown the automatic j i
pistol which has been exhibited during 1
the trial, said a call had been made
upon him the day before the shooting (
for a magazine for a pistol like the
one shown to him on the stand, but that
not having any in stock he r?-' j
paired the old one. which was called
frr on the morning of the day before j ^
.1 1 j ,
liif siiin.'u:i5. j '
l)r. S. T. B. Lancaster. a member or [ ]
the Legislature from Spartanburg, tes- j
tified that he saw a pistol in Mr. Til-!
man's pocket on the day previous t? j'
the shooting. Two boys, C. V. Zimmerman
and Francis Smith, swore j
that they saw a pistol in Tillman's !
hip pocket on January 13, two days ,
before the shooting. I
Objection was raised by the (Wens'- <
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- j 1
ing that if it developed in the light i:
of further testimony that this was improper
the jury would be instructed ac- '
ccruingly.
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- j:
other man who were talking together i!
He said he heard the name of Gonza'es <
mentioned and the sentence: "if any (
way to get at him."
The witness said he walked on as he '
knew what they were talking about
and he did not want to hear it. j1
H. S. Fowling, of Bamberg, who was !,
second lieutenant in the Second South !;
Carolina Regiment, commanded by J. j,
H. Tillman and a member of the Leg- j,
lsiamr^ ana wnuse mum aujumvu ,
Tillman's in a hotel at Columbia, was |
in the defendant's room on the morning
of the day of the shooting, he testified.
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- J
tomatlc magazine pistol, and one j
which attracted attention. He was
shown the two pistols which have
been exhibited to different witnesses
as the ones carried by the defendant
These, he believes to be the same he
saw in the room. i
Others came into the room that j
morning before he left, he said, nam-1
ing them, one of whom loaded the ,
magazine of the automatic pistol and '
banded it to Mr. Tillman just as wit- ,
ncss was leaving the room. i
The witness then said he next saw |
Tillman at the jail after the shooting. :
when he expressed his regrets thai h- ;
(Tillman) was in trouble. Tillman '
asked, he said, if he (witness) km-v; '
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 Lisure
was a dead man."
News of the Day.
Despite opposition at Athens, where j
the press was strongly opposed to the i
scheme, the municipal council of Corfu !
has ratified the contract which the
mayor of Corfu made with a syndicate j
o: European capitalists to aliow the es
K1??*V?o orfno r\c in Intornotinn- !
UiUliOiilUCUl at UHUJ vsk U4i iuvvtuuv.wu
al bambling casino on an elaborate j
scale. The casino is to be opened du- '
ring the coming winter, when the sea- ] :
son is in its full swing, and it is said j
that the Corfu casino will soon become i :
a serious competitor of Monaco.
A new regulation of the Missouri j
University board of curators has open- j
ed a new profession for women. Each j
society in Columbia living in a chap- 1
ter house must have a chaperon. She !
must be a professional, and is to be j1
paid a salary. In addition to this the i
girls under her charge mu6t 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 1
gorls are to be responsible to her for
their conduct. This rule, which was '
adopted at a recent meeting of the curators.
will be rigidly enforced.
Senator Depew's "discovery" that^
Aixles-Bains has named a boulevard
after Pierpont Morgan recalls the fact
that the Germans have incorporated
the name of the great American pro- I .
rr?/-*frn* \rttr\ fVio lanp-n a CP flf th#> POllTl- I
try. The term "morganismus" is cur- !
rently used in Germany to describe the ]
"trustification" of industry. The cor- ,
responding verb is "morganisiren."
Mayor Woodruff, of Peoria, 111., has ,
decided to enforce the curfew ordinance
of that city after receiving a petition
from a number of parents. The 1
ordinance has been on the books of 1
Peoria for fifty years, but has not been 1
enforced. Hereafter all persons under 1
IS years of age must be oft the streets j
after 9 p. m.
The new system of examination for \
the certification of teachers in Massachusetts
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 i
to retire from the presidency of the .<
Seaboard is denied in Richmond. <
- 1
No Change In Canal Status. '
Washnigton, Special.?The following
bulletin was posted at the State Department:
"The Department of State
received today at 1:12 p. m. a cable i
message "from Minlater Beau pre, dated j
September 28, 8 p. m. He reports that ,
there has been no change In the situation
in respect to the eanal matter. A 1
second debate on the biU reported by '
the committee la expected within a few i
days,* and it is thought H may be < - <
feated. The present outlook la tar .
ww amendment of the report* WL' j
GO.NZALES' DYING STATEMENT.
State Gains a Point by Admisson of
Dead Man's Account of Tragedy: '
Leslngtoa, S. C.. Special.?The third
lay of the famous Tillman trial Tcsuit;d
in the introduction of the dying
;tatcn:ent of the deceased. The point
.vas hotly contested. Mr. Jas. A. Hoyt,
r.- 'notitioii nn this noint. and was
:losely cross-examined by the defence.
Dr. C. W. Barron, of Columbia, was
it the hospital when Mr. Gonzales was
nought there from The State office,
rle said he asked Mr. Gonzales wirhia
:en or fifteen minutes after he had
xen carried into the hospital:
"X. G., do you understand your coalition?"
"I do," the doctor said Gonzales replied,
when witness said he asked him.
;he further question:
"Do you understand, X. G.. that you
will probably die?" The reply Ic ing,
witness testified, "I do."
The doctor said Mr. Gonzales hail nohope
of recovery. He considered Gontalcs
in extremis. Witness said Gonzales
made a statement at the hospital
which the witness said Conzale- sai l
was a death statement.
Dr. J. W. Eubecck, superintendent
of the State Insane Ilopsitil. saw Gonzales
as he lay on the floor in The
State office. He described the location
of the bullet wounds, and give the
opinion that it was indicated that the
body of a man receiving such wounds
was on the point cf turning, Dr. Rabcock
also saw Gonzales at the hospital
just after he was received there. Gonzales.
he said, made a statement to him
which he. said he took down in long
hand notes. Heading 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 I did nor. observe.
I started for the State House
as rsual. As I got to the corner of
Gcrvais street I recognized Tiilman. I
I lew if I kept on I would collide with
him as they were three abreast, both
en the outside. I cut diagonally across
to the left, iiitniding to turn the corner
into Gervuis street, which 1 could
have cone without touching the jasideman.
As I got on the turn, two or
three fret from the exact corner, Tillman
purled a pistol he had in his
sleeve and fired and made some expression.
The shock threw me around
against the pillar on Main street. I
faced him. He pointed the pi3toi; I
called him coward. He said: T look
your advice.' or something to that cl
^ ?.. i.;., :n y,js pocket and
ICYt; IK- i'UL IX in 4
sauntered into the street. I never sent
him a message. Ifo said. ' I have taken
you at your word.' I suppose he referred
to something I said in an editorial
in the campaign. He said this
after he fired. I had no idea of mcetirg
bin:. I had seen kirn two days before
in the lobby of the Hcuse. Thething
was finished as far as I was concerned."
August Kohn. a well known newspaper
man, testified that Gonzales said
he had sent no message to Tillman.
Killed By Cav-lu.
Columbus. Ga.?While making
measurements in a d'-ep trench in a
public street here Wednesday afternoon,
Superintendent of Pulmc
Works Robert L. Johnson and a negroworkman.
Brad Smith, were killed by
r. mass of tii.t 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, burying
seven or eight men. Mayor Chappell
ordered the hock and ladder
truck of the fire department to the
scene 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 fatally
hurt. The bodies of Johnson and
the negro Smith, weie recovered. The
injured men were sent to their homes
and physicians are giving them medical
attention. Superintendent Jobi.son
was one of the best known civil and
municipal engineers in the South. He?
was formerly engaged in government
work. He leaves a wife and four children.
Not Coming South.
Pine Bluff, Ark., Special.?In response
to an invitation to visit the
Branch Normal College, colored, here
In the event of a Southern tour by
him, former President Grover Cleveland
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 ti
the South are entirely without foundation.
I have had no such intention,
though I know that I would enjoy such
a trip. If it were true that I were t<>
make such a tour and come to theState
of Arkansas. I do not know or
anything that I would like better thoa
to pay a visit to your school."
A ria?ch Re \
Memphis. Special,?Secretary Murry
Howe, of the Memphis Driving Park
Association, announced that arrangements
have been concluded whereby
Prince Alert, 1:57, and Dan Patch,
1:39, will meet in a match race on tbejpening
day of the grand circuit meeting.
which begins October 20. On the
second day Lou Dillon, the trotting
jueen, and Major Delmax, recently
surchased by E. E. Smathers, will tret
1 specially arranged race.
Bryan to Speak.
Columbus, O., Special.?It Is announced
that Hon. Win. J. Bryan will
je in tihlo on October 5 to lend as- listance
to the Democratic cause.. He
sill speak at Napoleon and Oak Harior
during the day, and in Sandusky
it night He had promised to glws
hree days to the Ohio committee, hot
preparations far Ida liifliini trip related
this somber to am
#
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