The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1903-04-15
TRIAL PUT OF.
]. H. Tillman Gets Continuance OF
His Case.
TWO MAIN WITNESSES ASSENT
The State Resists the Application for
Continuance, but Is OverruIed
by the Presiding Judge
klugh.

Klugh.
The case against Jas. III. Tillman
for the murder of n. G.. Gonzales
came up in the Court of General Ses-
sions at Columbia on Wednesday, and
on motion of the defence was post
poned until the July term of Court.
The State wishes the case to be
promptly tried and insisted that the
defence had not made sufficient
showing to gain a continuance.
The defence based its application for
continuance Of the case, first, on the
affidavit of physicians that Capt j. a .
White was too i'll to attend the Court
that he was suffering from diabetes of
"a serious type and partial paralysis;
and, second on the affidavit that Miss
Mary Julia Roper was in New York
and could not be gotten here for the
trial.
Capt. White in his affidavit used in
the application for bail swore that II.
III. HolZenback told him Of n CONVEX
sation with Mr.. Gonzales, in which he
said Mr.. Gonzales had told him (Hol-
zenback) that he had made Lieuten-
ant-Governor Tillman SHOW the
white feather on several occasions and
when he met him he would make him
show it again"
Miss Mary Julia Roper is Il trained
nurse and she Swore in an affidavit
used in the application for bail which
was declined, that while attending
Mr. GonzaleSS uncle she heard Mr..
Gonzales say that he had made
Lieutenant Governor Tillman show
the white feather and that he would
do all in his power against him and
was exceedingly bitter in his denun-
citation of Mr.. Tillman."
The defence urged that it had tried
To get these witnesses, but without
success.
The State urged that the defence
had not made proper, full or salts
factory showing in its application for
a continuance, and that if such show
ing were made of what it was proposed
-fif,efiGN6e admitted 'seBt dMSitivsaSlaes surie
hearing.
Judge klug decided that a sufficient
showing had been made by the defence
for continuance of the case and SO
directed.
PROCEEDINGS IN DETAIL
After the routine business of the
Court had been disposed Of Wednes-
day morning. Judge Nlugh said that
the first case on the docket was that
of the State against James H. Till
man." AS soon as this announcement
was made Col. Geo. w. Croft, of coun-
sci for the defence, arose and said:
Before the defendant is arraigned
we have a motion TO make on the part
OF the defendant. We understand. g.
may ii please your Honor, that the
State expects TO try this case at the
present term of Court, and we regret
TO say that the defendant will be COM
PEELED to ask for a continuance. be-
cause we find that two OF the most
material witnesses for the defence can
not attend at this term, owing to the
severe sickness of one Of the witnesses.
Capt. j. \. White, of Edgetield and
owing to the temporary absence from
the State of Miss Roper, of Spartan
burg. We have the return of the
sheriff, showing that one of these
witnesses has been served and an at
tempt made to serve the other. We
have also certificate sworn to by the
physician of Capt. White, Of Edgetield.
saying he is seriously i'll and confined to
his room, and it will be impractical for
hlm 10 attend this Court. The return
OF the sheriff shows that Miss Roper is
In New York. She is Il citizen of this
State. We are informed she is ONLY
temporarily absent from the State,
and that she will be present at the
next term OF Court, when this case
will be tried. | ask your IIonOr's at
tention 10 the following certificate and
atlidavit: ! will ask Mr.. Nelson. who
is associated with me, to read these
atlidavitS."
Mr.. Nelson read the anidavitS
printed below. The first affidavit was
in connection with Col White, which
read:
Edgefeld, S c., April !. 1903. This
is to certify that j y. White is suffer
ing from diabetes, of serious type:
also suffering from partial paralysis
and incOntinencc of urine, and con
hned TO his room and under treatment.
Butler * Patterson.
Sworn to before me April !. 1903.
j. ID. Allcn, j. p, f.. G..
Mr.. Nelson read this endorsement on
the subpoena for Miss Roper, the other
witness in the case, who is wanted:
| hereby certify that | have made
diligcnt search for Miss Julia Roper
and cannot find her i'm this county.
Am informed that she is i'm German
Memorial Hospital, New York city,
n. y. John f. Werner, Sheriff, s. G.
April ,, 1903.
ANOTHER AFFIDAVIT.
State of South Carolina, County of
Richland, Before me personally APP
peared George w. Croft, who being duly
sworn says. That he is one of the attor-
neys for the defendant above named.
That Capt. j. A. White, Il witness for
the defence in the above entitled case.
is, as appears by the affidavit of But
Ter & Patterson, physicians of the town
nf fol- g..