The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-02-27
BAIL !: REFUSED
J H, II Imam by Chief Justice Pope
on the Evidence
SUBMITTED BY his ATTORNEYS
Some scraps OF Argument Made by
tho lawyers on Both sides. Tho
Chief Justioo Makes a
Statements.

Chief Justice Makes a
Statement.
At half-past four O'clock on Thurs
day afternoon Chief Justice Pope re-
fused the application for bail OF James
II. Tillman, charged with the murder
of N. G. Gonzales and now confined
in the Richland county jail. The
hearing was resumed in the Supreme
Court room in Columbia, having been
adjourned from Newberry on the 18th
inst, at 10 O'Clock and continued un-
til nearly with an intermission
from l.35 until 2.4O p. m. The pros
ecution was represented by li;itor
j. w. Thurmond, cx-Attorncy Gcncr-
al G. D. Bellingcr and Judge Andrew
Crawford.
The defense was repr, scntcd by
Congressman elect G. w. Croft Of
Aiken and ex-Solicitor P. RI. Nelson
of Columbia. Ex-Judgc O. W.. Bu-
chanan, Messrs. c. L. Blease Of New
berry and G. II. Rembert uf Rlchland,
OF counsel for the defense, were also
Ing. During most Of the day about
0O'specta tors were in the room, the
number at times increasing. Mr.. B.
II. T!llman, Jr., spr or Senator
Illlman was spectator.
At the opening Col. Croft read q
waiver OF his legal right to be present
by the defendant, Col. Tillman, who
did not in person appear. The read
Ing Of the aiiidavits con.,nmed -one
hour and q half, Mr.. Crawford read.
ing those OF the prosecution and Mr..
Nelson those Of the defense.
o1R. NELSON OPENS.
At 80 the argument was opened
by Mr.. Nelson for the defense. He
was followed by Messrs. Crawford,
ThurmoDd and Bellinger for the
State. After the recess Mr. Croft
closed the case for the defense.
Mr.. Nelson clearly and rapidly dis
3Cussed the evidence, taking up ailida-
,:s Wis seriatim and disposing of their
S bearing from the point Of view Of the
defense. He stressed the reply or the
:$sdefense in the large number or atlida-
sustaining the character Of the
Essatilant Holsonbacke against the effort
ssSOf the State to mpeach it. Reaching
rs the affidavit OF the atliant White, lie
sSwas Interrupted by Justice Pope, who
t',n n ,,,,IiIr;;IG us TO that aiii(i:l-
Wit was not necessary. He Then pro
ceeded to analy2e the States atflda-
s4Sylt, pointing out what he regarded
their discrepancies and weaknesses
and arguing sclf-defcnse based on the
aifidayits of the State. He then took
up the legal aspect Of the application.
Nlr. Nelson's case was 4 brief concise
and lucid exposition Of the case for
the defense, without especial effort at
oratOrical effect.
FOR THE PROSECUTION.
Judge Crawford drew the courts
attention to the alleged threat: II
have made him show the white fcath-
er several times already and if he
crosses my path will make him do it
again" He argued forciby that this
in connection with the previous con
duct OF Mr.. Gonzales constituted no
threat whatever. Mr.. Gonzales had
never attacked Tillman had never
drawn Il weapon upon him, had never
made any demonstration Of violence
towards him-''t I'd never made him
show the white feather" and SO had
given Mr.. Tillman no cause to fear
nodily harm from him. Having never
made him show the white feather
Inc language even if true meant moth
--ing. AS Tillman's life and limb had
been safe under the so-callcd white
feather performance of the pist,
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 Il po-
litical sense, the result Of the cditori-
al attacks which ended last Scptem-
Der. Mr.. Crawford then argued that
having assisted materially in defeat
ing MIR. Tillman for governor, Con
Zales had no motive to threaten Till
man as to try to take his life. Till
man was the vanquislled; Gonzales
the victor. He could understand why
Tillman should desire revenge and so
could understand his declaring, ac-
cording to the affidavit Of o. ID.
Black: by God, am going To kill
him" and the intimation contained
in his language to Hon. w. b. Cause.
Tillman made threats; Gonzales made
none. Tillman wanted blood; Con
Zales did not. Iillman armed him
self for the purpose, and Gonzales did
not.
THE SOLICITOR.
Solicitor Thurmond followed in an
argument covering The law and facts.
No threat had been made by Mr.. Con
zalcS. What he had said, admitting
the truth Of the alleged threats for
the sake Of argument, was no stronger