The watchman and southron. (Sumter, S.C.) 1881-1930, February 25, 1903, Image 7
BAIL REFUSED J. I. HUMAN.
Chief Jystiee Pope Acts on the
Evidence.
MANY AFFIDAVITS MADE.
At 4.30 o'clock yesterday afternoon
Chief Justice Pope refused the ap
plication for bail of James H. Till
Hian, charged with the murder of N.
G. Gonzales and now confined in the
Siehland county jaiL v
The hearing was resumed in the
supreme court room, haying been ad
journed from Newberry on the 12th
niet, at 10 o'lcock and continued un
\tii nearly 5 with an intermission from
1.35 until 2.40 p. m.
The prosecution was represented by
Solicitor J/W. Thurmond, ex-Attorney
General G. D. Bellinger and Judge
Andrew Crawford, v
The defense was represented by Con
gressman-elect G. W. Croft of Aiken
and ex-Solicitor P. H. Nelson of Co
lumbia. Ex-Judge O. W. Buchanan,
Messrs. C. L. Blease of Newberry and
G. S. Rembert of Kichland, of counsel
for the defense, were also present but
not actively participating. During
most of the dae about 100 spectators
were in the'room, the number at times
increasing. Mr. B. R. Tillman, Jr>,
a son of Senator Tillman, was a spec
tator.
At the opening Col. Croft read a
waiver of his legal right to be present
by the defendant, CoL Tillman, who
did not in person appear.
The reading of the affidavits consum
ed one hour and a half. Mr. Crawford
reading those of the prosecution and
Mr. Nelson those of the defense.
1MR. NELSON OPENS.
At 11.30 the argument was opened by
Mr. Nelson for the defense, fie was
followed by Messrs. Crawford, ^Thur
mond and Bellinger for the State. Af
ter the recess Mr. Croft closed the
case for the defense.
Mr. Nelson clearly and rapidly dis
cussed the evidence, taking up affi
davits seriatim and disposing of their
bearing from the point of view of the
defense. . He stressed the reply of the
defense in the large number of affi
davits sustaining the character of the
affiant Holsonbacke against the effort
of the State to impeach it. Reaching
the affidavit of the affiant White, he
was interrupted by Justice Pope, who
said that argument as to that affidavit
was not necessary, fie then proceeded
to analyze the State's affidavits, point
ing out what he regarded their discre
pancies and weaknesses and arguing
self-defense based on the affidavits of
the State. He then took up the legal
aspect of the application. Mr. Nelson's
case was a brief, concise and luc:ld ex
position of the case for the defense,
without especial effort at oratorical
effect.
FOR THE PROSECUTION.
Judge Crawford drew the court's
attentioon to the alleged threat: "I
have made him show the white feather
several times already and if he crosses
my path I will make him do it again."
He argued forcibly that this in connec
tion with the previous conduct of Mr.
Gonzales constituted no threat what
ever. Mr. Gonzales had never attack
ed Tillman, had never drawn a weapon
upon him, had never made any
demonstration of violence towards him
?"had never made him show the
white feather," and so had given Mr.
Tillman no cause to fear bodily harm
from him. Having never "made him
show the white feather" the language
even if true meant nothing. As Tin
man's life and limb had been safe un
der the so-called "white feather" per
formance of the past, why did Tillman
kill Gonzales for simply doing that
which caused him the humiliation of
"showing the white feather?" There
had been no personal encounter and
the "white feather" must have been
only in a political sense, the result of
the editorial attacks which ended last
September. Mr. Crawford then
argued that having assisted materially
in defeating Mr. Tillman for gover
nor. Gonzales had no motive to
threaten Tillman as to try to take his
life. Tillman was the vanquished:
Gonzales the victor. He could under
stand why Tillman should desire re
venge and so could understand his
declaring, according- to the affidavit of
O. D. Black: "By God. I am going
to kill him!" and the intimation con
tained in his language to Hon. \Y. B.
Ganse. Tillman made threats: Gon
zales made none. Tillman wanted
blood: Gonzales did not. Tillman
armed himself for the purpose, and
Qonzaies did not
THE SOLICITOR.
Solicitor Thurmond followed in an
argument covering the law and facts.
No threat bad been made by Mr. Gon
zales. What he had said, admitting
the truth of the alleged threats for the
sake of argument, was no stronger
than criticisms. If such language
could be construed as threats then
every candidate, for example, that ap
peared on the hustings would have a
rights to assume that his life was in
peril. "Any one who had experience
\p the court house" knows how easy
it is to prevail upon many people to
make affidavits, as to character.
Mr. Thurmond comprehenisvely ar
gued the law of the case, citing with
emphasis the rule laid down in a
Texas case as to the meaning of the
phrase "proof is evident" in the con
stitutional provision as to bail in cap
ital cases. He maintained that bail
should not be granted merely because
the case mi^ht contain conflicting affi
davits, but that if the court v<*ere con
vinced that the evidenced of guilt sub
stantially preponderated so as to make
a reasonably convincing case the bail
should be refused. As for the news
paper attacks, public men must expect
their records to be attacked and ex
ploited by the press. These attacks
had been made long before and Mr.
Tillman had submitted to them.
MR. BELLINGER SPEAKS.
Mr. Bellinger made the closing ar
gument for the State. It was an easy
matter to obtain affidavits to sustain
a man's character. If perchance that
man had a local reputation as a "bad
man." in the western sense, as a dan
gerous man, it was not difficult to find
those who, desirous of not offending
him. would sign testimonials in his
favor: but to tell the plain truth
about him required moral and physi
cal courage. Hence tne inference was
fair that in a case like this the affi
davits attacking a man's reputation
for veracity came from substantial
j men representative of the best classes
|\in the community. "Referring to the
j expression, "made to say," applied to
I the affidavit of Mrs. Melton, Mr.
J Bellinger observed that tbe affidavit
I of Holsonbacke was signed "Richard
i Holsonbacke, bis mark." Neverthe
1 less, it was coucbed witb an elegance
of diction and accuracy of rhetoric
i surprising to say the least in a man
1 unable to write his name. In strik
ing contrast was, tbe affidavit of Mrs.
Melton, clearly stating the facts she
knew in her own handwriting, sub
' mitted to the State's attorneys at
; their request Mr. Bellinger summed
up the testimony of the State's affida
vits, forcibly presenting it "If the
flying.declaration of N. G. Gonzales,
.the statement of Senator Talbird and
the affidavit of Mrs. Melton be true,
then it was a deliberate, schemed and
premeditated assassination. Refer
ring to the affidavits of Mrs. Melton,
Talbird, Lancaster, the Zimmerman
and Smith lads and others, he ex
claimed: "If the case of the State be
not true, then I say there is establish
ed among State sentaors, members of
the house, the children, the women
and the men of Columbia a damnable
conspiracy to commit a judicial mur
der!" He pointed out the vagueness
of the defense's eyewitnesses One of
them was on "the corner" of the
street. The street at that intersec
tion has four corners. Another was
"in Main street" when he saw the
shooting?and Main street is two
miles long. How strangely uncertain
as to time and place!
COL. CROFT CLOSES.
Col. Croft made first a strong argu
ment on the law of bill. The rule is
not, he said, as the State would have
it, that bail should be refused in cases
where a verdict of guilty is probable
that will not be set aside?this with
out conceding at all that this case is
of that character. Where a doubt
may be entertained by the court its
duty is mandatory. The court is net
to determine guilt or innocence in this
proceeding. The credibility of wit
nesses is not to be passed upon. The
presumption of innocence the law gives
to the defendant and the.true rule is
that if testimony is submitted that
presents a defense and allows of the
admission of a doubt of guilt the court
must grant bail.
Mr. Croft then referred to the news
paper and personal attacks on Mr.
Tillman's public and private charac
ter, beginning, he said, as far back
as 1899. They had .no parallel for
unrelenting vindictiveness in South
Carolina. . Mr. Tillman's good name
had been torn to tatters and besmear
ed. Even in his family life, in the
sacred marriage tie he had been attack
ed and only his life had been left.
While words did not justify the tak
ing of human life the defendant had
the right to infer from the unceasing
persecution of Mr. Gonzales the bent
of his mind towards him, and to be- '
lieve that Mr. Gonzales intended to
take his life as he had taken his good
name. Mr. Gonzales' honesty of con
viction he did not impugn, but his
hatred of Tillman became an absorb
ing passion. He was relentless towards
enemies and it was not in his nature
to brook opposition.
Col. Croft strongly argued the testi
mony of Senator Talbird that he occu
pied the outside position on tbe side
walk with Tillman between him and
Brown, accentuating the point that
such being the positions, Mr. Gon
zales' tum towards tbe inside was a
direct; approach towards Tillman,
THE DECISION.
As'Col. Croft was concluding Chief
Justice Pope requested him to-explain
the course of the ball as shown by the
autopsy, and the testimony of Dr.
Knowlton was read.
Then while the spectators listened
with breathless attention the chief jus
tice announced his decision. "There
are always two sides to a homicide,"
he said, "and even with the many
that have taken place in this State in
late years, there is in most of them
some provocation?that is, there is a
defendant's side to it. It seems from
the testimony that tbe defendant has
been the object of newspaper attacks
for 11 years perhaps without a parallel
in this State. The liberty of the press
does not permit the license of the
press. Dr. Franklin said the liberty
of the press would often be followed
by the liberty of the cudgel. In this
case no cudgel, though, was used, but
a deadly weapon. One could hardly
believe that a man could bear the long
continued ordeal of the abuse that the
defendant underwent without having
malice in his heart.. The rule was
long ago adopted in this court not to
give the reasoning: leading to our con
clusions in bail ' applictions. The
law is that the taking of human life
with malice premeditated constitutes
murder. Painful as it is, under my
oath of office, so recently fresh on my
lips, I must do my duty and decline
tbe application."
Save the relaxation of the tension
which the spectators had labored un
der, the 'decision produced no mani
festation whatever.
The following is the order denying
the application:
State ot South Carolina, County of
.t.Ricland.
The State vs. Jas .H. Tillman.
This was an application for bail,
and after hearing the affidavits both
of the State and the petitioner and
after argument pro and con it is order
ed that bail is hereby refused, howev
er without prejudice to the petitioner
to apply to some other judge if he
should be so advised.
V. J. Pope,
Chief Justice.
At Chambers,
19th February, 1903.
A GREAT BOARD.
This unique local news item is taken
from the McCormick Messenger:
"The town council of McCormick a
few days ago elected a queer board of
health. The board consisted of four
property owners, viz: John F. Ed
monds, F. M. Hrndrix, .7: X. Whit
ten and G. P. McCain. One member !
of the board hns lost the sense of smell,
two members nr<> nearly blind, and
one member is one-eyed. "
The Messenger thinks the outlook
for the sanitary condition of tbe
town this summer is not very prom
sing.
A fresh lot of Dennisons crepe paper
just received?10c. per roll. Osteen's
Book Store Feb. 3.
HELD FIFTY POLIOEMEN AT BAY.
A Negro Desperado in New Or
leans Besieged in a Room and
Holds the Fort Against
ail Comers
Until he is Smoked Out by Cotton, OH
and Sulphur.
New Orleans, La., February 20.?
After holding half a hundred policemen
at bay for several hours, during
which scores of shots were exchanged,
Lafayette Sims, a desperate negro,
was killed by the police early today a
negro boarding .house situated on
South Rampart street. The room in
which he was besieged had to be set
on fire and the fire department called
out before Sims could be driven from
his post. As he attempted to escape,
still carrying his gun, he was shot
down. The body was taken to the
morgue without any demonstration
from a mob of several thousand ne
groes, who crowded the vicinity
of the tragedy.
The origin of the trouble was trivial.
Sims occupied a room in the board
ing house, in which there were seven
beds. On retiring last night he locked
the door and when the landlord early
this morning asked him to open it
so that another lodger might be admit
ted Sims refused. Then the landlord
sent for the police. Efforts to per
suade Sims to open the door failed and
a hole was smashed in it. Through
he aperture Sims began shooting.
One bullet knocked a pistol from the
fingers of Officer Windstern and a
second shattered the lantern which the
officer carried. Thereupon additional I
policemen were sent for and the house
surrounded.
When reinforcements had arrived the
negro landlord and an officer again
went to the room and pleaded with
Sims to come out and surrender.
"No, I won't," he answered with
an oath. "I'll shoot if you don't go
away; I am not going to leave here.
They'll burn me in oil. They'll fry
me."
Sims piled some furniture in the
room against the door and was pre
pared to fight for his life. As the
landlord and the officer retreated the
desperado fired at them without doing
any damage. All efforts to induce the
prisoner to surrender having proved in
effective, Superintendent .Tournee
decided th?t there was nothing to be
done but to smoke the negro out An
alarm was turned in and a portion of
the fire department brought to the
scene.
A quantity of cotton, oil and sulphur
was sent for, the cotton rolled into
balls and saturated with oil, a match
applied and the blazing substance
hurled into the room, every avenue of
escape being guarded. The furniture
in the room caught quickly, filling
the place with smoke and flame. Sims
hung on his hiding place until he was
nearly suffocated and then made a
break to escape. As he appeared at
the door Patrolman Fred Smith fired
A Weak Stomach
Causes a weak body and invites disease.
Kodol Dyspepsia Cure cures and strength
ens the stomach, and wards off and over
comes disease. J B Taylor, a prominent
merchant of Chriesman, Tex., says : 4iI
could not eat because of a weak stomach.
I lost all strength and run down ir weight.
All that money could do was done, but all
hope of recovery vanished. Hearing of
some wonderful cures effected by use of
Kodol, I concluded to try it. The first
bottle benefited me, and after taking fonr
bottles I am fully restored to my usual
strength., weight and health." J S Hugh
son & Co.
j at him. The negro staggered, mortal
I ly wounded. Instantly other police
men fired on him and he fell dead. The
firemen extinguished the flames and
the body was dragged out and taken
through a lane of .excited negroes to
the police station.
Examination of the room following
the tragedy showed that Sims had
gotten possession of Officer Windstern's
revolver after shooting it from his
ha%d&
NEW SEABOARD DEAL
The Movement to Connect With
the Tennessee Coal Fields.
The following special was sent out
from Washington, D. C, recently:
"The Seboard is reported to be
backing another move in southern
railroad maneuvers by securing a con
nection with the Tenneseee and North
Carolina mountains from Newport,
Tenn. The latter has issued and sold
$750,000 in bonds, which, it is given
out, is to be used in constructing an
eastern extension to the Seaboard.
The Seaboard has long desired entrance
into Tennessee coal fields, and if this
move is made, a valuable acquisition
will have been secured. It is hinted
^Washington railroad circles that the
Seaboard has purchased the line.nam
! ed."
NINE BORNEO TO DEATH.
Victims of a Fire Trap Hotel at
Cedar Rapids, Iowa.
Cedar Eapids, Iowa, February 20.?
Fire this morning destroyed the Clif
ton Hotel, cremated nine of the guests
and caused injuries to forty two per
sons, who were scorched or forced to
jump to the frozen street from second
and third-story windows. After an
all-day search in the debris, four
bodies have been recovered. It is now
believed that five more bodies remain
in the ruins of the hotel, which is said
to have been a flimsy structure and
filled with delegates to the State
Young. Men's Christian Association
Convention, and the District Conven
tion of the Knights of Pythias. The
hotel register was destroyed, thus
making it difficult to ascertain the
number of missing persons. Forty
men have been working in the rub
bish all day, and will continue to dig
for the remains of the burned persons
all night. The loss is 860,000. Near
ly all those injured were Iowa people.
While their injuries are severe in
many cises no one was fatally hurt.
Hopeful.
There was a very small audience
present, and it was rapidly dwindling
away. On the stage the hero and hero
ine are hoiding a rendezvous.
Hero to Heroine?A're we alone?
Heroine (thinking of the audience)?
Not yet. .There are two fellows near
the door who look as if they might be
able to sit through another act.
Tiffs!
FOR TORPID LIVER.
A torpid liver deranges the whole
system, and produces
SICK HEADACHE,_?
Dyspepsia, Costiveness, Rheu
matism, Sallow Skin and Piles*
There is no better remedy for these
common diseases than DR. TUTT'S
LIVER PILLS, as a trial will prove.
Take No Substitute.
HAVE Y?? EVEI THOUGHT OF THIS P
The Watchman and Southron has made an excel
lent arrangement for its friends. It offers :
? ? THE TWICE-A-WECK HEWS AND ?3?BIER 3 3
-AND
~? T8E, WATCHMAN AND =5?
both ie^?? $aoo6
It is a wonderful offer !
The Twice-a-Week News and Courier will give you all the
latest cable, telegraph, general and State news
as well as serial stories and general reading.
The Watchman and Southron will give you all your home news.
Take two, for the price of one. Keep yourself and your
family fully posted on what the world is doing.
Think of the two for only two dollars. The Twice-a-Week
News and Courier comes 104 times a year. Do the right
thing?send us your subscriptions at once ?
This offer is only for Cash in Advance sub
scriptions.
The Kind You Have Always Bought, and which has been
in use for over 30 years, has borne the signature of
and has been made under his per
+*4 *^*c*w^ Allow no one todeceive you in this.
All Counterfeits, Imitations and *' Just-as-good'' are but
Experiments that trifle with and endanger the health ot
Infants and Children?Experience against Experiment*
What is CASTORIA
Castoria is a harmless substitute for Castor Oil, Pare
goric, Drops and Soothing Syrups. It is Pleasant. It
contains neither Opium, Morphine nor other Narcotic
substance. Its age is its guarantee. It destroys Worms
and allays Feverishness. It cures Diarrhoea and Wind
Colic. It relieves Teething Troubles, cures Constipation
and Flatulency. It assimilates the Food, regulates the
Stomach and Bowels, giving healthy and natural sleep*
The Children's Panacea?The Mother's Fries d.
GENUINE CASTORIA ?I.WAYS
. The Kind You Have Always Bought
In Uste For Over 30 Years.
THE CENTAUR COMPANY. 77 MURRAY STREET. NEW YORK CITY.
Sumter, S. C, Dec. 1,1902.
JITS T ARRIVED
Thirty Head Choice
HORSES ? MULES.
This shipment contains some of the smoothest and nicest
mules ever brought to this market. Come and see themy
whether you wish to buy or not. A look will be worth the
trouble. Kespectfnlly,
ANSLEY D. HARBY.
Sept 17
Corn. Oats, Hay, Ship
Stuff, Hulls and C. Seed
Meal, Carolina HL Pe
Heed Oats at
HAR
Also full line of standard grade Wag
ons, both one and two horse.
Buggies* Harness, Carriages
We also have on hand a full line of building
material, such as Lime, Cement, Plaster Paris,
Hair, Laths, Fire Brick, Terra Cotta Pipe,
Stove Flues, &c.
We want to give you prices when you need
any of above, and we will get your patronage.
Yours truly,
Aug 8
ff W?
Glenn Springs Ginger Aie, made with
Glenn Springs Mineral Water, is the
best on the market,
si/9?;
Because all ingredients used are the purest
and best.
Because it is made from Glenn Springs Min
eral Water.
The old reliable, that, in its natural state, has
been alleviating suffering for over one hundred
years is now being made into most delightful
drinks. Try it and we know that you will say,
as all others have said, that it is "the best."
Drinkers of Ginger Ale will be delighted to get this de
lightful and refreshing drink, made with Glenn Springs Min
eral Water. Experts pronounce it the finest on the market.
Try it and you will be convinced. Ask your dealer for it.
GS CO.
GLENN SPRINGS, S. C