The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1903-10-14


~itorials were admitted on the part OF
the defense. would not the onver be
equally admissible, namely evidence OF
the truth of the editorial charges?
Mr.. Crawford, after declaring the
well known principle of law, that
words, however provocative, did not
excuse an assault, said with force that
in the lifetime of the late editor the
prisoner had had ample opportunity for
settling the matter of the truth or
falsity of the charges. The courts
were open either on the criminal or
civil side for the trial of causes for
libel and in that way the prisoner
could have had his remedy.
Judge Gary took the position that the
evidence would be admissible to show
the altitude of mind of the defendant,
how he was impressed by the editorials
and that 1t could come in, for that pur-
pose, as original evidence. 1t is no
criticism on the view taken by the
judge to say that he seemed to reach
1T rather Independently and without
great assistance from the eloquent APP
peals of the attorneys for the defense.
After the examination of the witness
Hyatt the defense closed it's testimony.
A number OF witnesses for
the defense were present in Lexington
yesterday but were not put upon the
stand. Presumably some or all of them
will be hereafter, to meet the attacks
on reputation being made by the State
on at least one of the defense's wit
nesses.
To the view of a mere observer, the
case for the defense in testimony may
be divided into two parts. One of these
consists of testimony of a number Of
persons to whom 1t would appear from
Lwhat they said that Mr.. Gonzales
talked somewhat freely, even volubly,
of his sentiments towards the prison
er and in the presence of whom he
uttered threats. To his friends and
I oOr Ctnp nccnntataa M Co,.n1aG .,n
undoubtedly a reticent "a upon sub
jects of a private ature To the
friends of the prisoner he was often
voluntarily n amicably confidential.
1t would not be proper for a newspaper
man to say that This phase of Mr..
Gonzales character seems, as revealed
at this late day. preposterous, for the
witnesses We're on their oath; but 1t is
only stating a fact that to him it APP
pears amazing and more-yes, miracu-
lous. When a man is dead, even his
friends may learn something about his
life never suspected from the most
unsupported source-eVen from those
who estimated his height at four feet
and six inches.
The other division of the defense's
case is the story of their eye-witnesses.
This may be said to rest chiefly on the
accounts of James III. Tillman and
Clerk Wilson of the comptroller's office
were the only other eye-witnesses
sworn for the defense. If the prisoner
be acquitted it will not be due to the
testimony of Wilson-a nan who bore
himself well on the stand and created
a fine impression on the minds of the
spectators. He did not see the affair
in the most favorable light for the
prisoner-far from 1T.
AS for Richard Holsonback, as was
f~oreshadowed yesterday, his reputation
for truth and veracity was assailed.
Mark Toney of Johnston and Tillman
Denny OF Johnston and w. j. Huiett Of
Johnston and William Toney of John
ston and M. w. Clark of Johnston and
John Red" Williams of Johnston and
Lewis Holmes of Johnston would not
believe him-no not upon his oath. Mr..
Nelson cleverly got 1T out of the wit
ness Holmes that he had voted for
H~olsonback for coroner and, in fact,
had brought him out" as a candidate.
Mr.. Holmes explained that 1T was done
"as a joke" 1t will be remembered
that H~olsonback himself volunteered
the information on the witness stand
that he could not read. A coroner who
could not read! Does the Joke" ex-
PLANTATION of Mr.. Holmes seem unlikely
in the light of Holsonback's own volun-
tary remark as to his attainments?
The possibility is that witnesses in
numbers will go upon the stand to
swear that Holsonback may be relied
upon-that his word is as good as his
bond, perhaps. However, will they be
able to reinstate his reputation for
veracity? Few duties could be more
unpleasant tina that of swearing that
a neighbor is unreliable, that the sane
tity of an oath will not bind him. No
good man ever performed such a duty
save with sorrow and reluctance. No
honest man ever performed it but for
the reason that as a duty 1t was SUI
preme. When q mans character is
once firmly established in a community
in Johnston or elsewhere-can men
be found to swear hat his oath is not
worthy of respect unless they be ac-
tuated by personal malice or interest?
Could three or four good men be found
In Columbia, for example, with no in
terest I'm common, to swear against the
good name OF IN other good man in
Columbia? Who will say thai Tillman
Denny, Mark Toney and the rest are
conspirators against the life of James
II. Tillman? Who will say that they
are conpirators against the good name
of this man Ho~lsonback-this man who,
to use his own words, may have
trotted" from the State house steps to
overtake James H. Tillman n minute
or two before he shot N. G.. Gonzales?
Unless humanity is hopelessly de-
J PRAYED, the oath of five men against
lanother's reputation for ~veracity
counts for more than the oaths of a
hundred in it's support. Why? Be-
cause the oath against a neighbours
reputation, IL 1t proceed from good mo-
tives. requires courage. To swear to
a mans good character is easy. How
few will refuse to give others a recon
mendation?" Suppose a man applied
for a position of trust in Columbia and
a thousand good men endorsed him
while a dozen good men denounced hin
as totally untrustworthy even when
solemnly RIVE an ordinarily
prudent man employ him? Undoubtedly
1t is a serious, q grave thing, to go into
the witness box and swear O mans
good name away, for the very reasons
stated-because 1t Is infinitely easier
to stain, to smirch, to destroy, than to
erase, to wash away, to build UP. II
is only stating a fact Of human So
ciety, of human life, to say that the
work lone by these witnesses as to
~Holsonback's credibility yesterday can
never be undone-no, not by all Edge
field county-and that regardless of
this trial. Are Mark Toney and RED
Williams and Lewis Holmes and Till
man Denny and William Toney and
w. j.. Huiett and M. w. Clark men who
would lightly triie with the reputation
for truthfulness of their neighbor and
fellow citizen were IL stainless?
1. One more word. In reviewing this
II trial, forever and forever the mind re-
/, verts to a picture. That picture was
drawn by a woman-a woman in black,
Closer than all others ave the acct
dental companions OF the slayer, in the
wisdom of Divine Providence. she was
placed to the slain. This no witness
L -. n I~. A.Al ia I.A