The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-02-25

| Ing the facts she knew III lleF o"u
handw-itingS, submitted to the
States attorneys at their request.
Mr.. Bellinger summed up the teSti-
mony of the States atIidavits, forcibly
presenting it. II the dying declara-
ton Of \. q. Gonzales. TIE statement
Of Senator Talbird and the affidavit
OF NJ s. Melton be true, hen it was d
deliberate, schemed and premeditated
assassination.
COL. CROFT CLOSES.
Col. Croft made first strong argu-
ment on the law uf bail. 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
.,f that character. Where L duuhl
may be entertained by the court its
!uty is mandatory / he court is n'U
g. determine guilt or iruocence in
t!,iS proceeding. The credioility OF
witnesses is not to be pissed upon.
rne presumption OF Innocence the
law gives to the defe ,dant and tie
true rule is that if testimony is sub
mitted 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 ,wI-
paper and personal attacks on Mr..
rillman's public and private charac-
ter, beginning, he said. as far back as
1890. They had no parallel for unre-
lenting yindictivenesS in South Caro-
lima. Mr.. Tillman's good name had
been torn to tatterS and beSmeared.
Even in his family life, in the sacred
marriage tie he had been attacked
and only his life had been left. While
words did not justify the taking Of
human life the defendant had the
right to infer from the unceaSlng per-
secution of Mr. Gonzales the bent OF
his mind towards him, and to believe
that Mr.. Gonzales intended to take
his life as he had taken his good name.
Mr.. Gonzales honesty Of conviction
he did not impugn, but his hatred OF
'Ti!lnan became an absorbing passion.
He was relentless towards enemies
and it waS no! in his nature to brook
opposition.
Col. Croft strongly argued the teSti-
mony of Senator Talbird that he oc-
cupied the outside position on the side
position on the sidewalk with Tillman
between him and Brown, accentuat-
ing the point that, such being the
positions, Mr.. Gonzales turn towards
the inside was direct approach to-
wards 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
justice announced his decision. Thele
are always two sides to a homicide"
he said. ''and even with the mlny
that have taken place in this State in
late years, there is in most of them
some provoca atiOn-that IS, there Is
defendants side to it. ItSeemS FROM
the testimony that the defendant has
been the object of newspapers attacks
FOR II years perhaps without 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 deadly weapon. One could
hardly believe that man could bear
the long continued ordeal Of the abuse
that the defendant underwent with
out having malice in his heart. The
rule was long ago adopted 10 this
court not to give the reasoning lead
ing to our conclusions in bail ap-
plicationS. The law is that the taking
of human life with malice premediat-
ed constitutes murder. Painful as it
is, under my oath of Office, so recently
fresh on my lips, must d. my duty
and decline the application
The following is the order denying
the application:
State of South Carolina County of
Richiapd.
The State VS.. Jas. II. Tillman.
This was an application for bail,
and after hearing the a;fidaVits both
of the State and the petitioner and
after argument pro and con it is
ordered that bail is hereby refused,
however without prejudice to the
petitioner to apply to some other
! Judge if he should be so advised.
Y. J. Pope, Chief Justice.