Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-09-29

The Hearing Was Commenced at Lex
inaton Yesterday.

After various postponements, the
trial Of James H. Tillman for the mur-
der of N. G. Gonzales, in Columbia, on
January Is, last, was commenced in
Lexington on Monday, the hearing
having been moved to that place on
motion of the defendant.
Hon. Frank B. Gary Of Abbeville, Is
presiding and the counsel representing
either side is as follows: For the
State Solicitor Thurmond, G. D. Bel
linger, Andrew Crawford, VIM. Elliott,
Jr., I. L. Asbill, L. T. Stukie. For the
defense-G. w. Croft, P. H. Nelson,
o. w. Buchanan, George tombstone,
Ef1rd and Dreher, w. H. Sharpe, G. T..
Graham, G.. R. Rembert, c. L. Blease.
Shortly after the opening Of court
Mr.. G.. T. Graham arose with a copy
Of the Columbia State in his hand and
sought to call attention to an editorial
article under the heading Of Juggling
With the Courts" He said he wanted
to defend the Lexington bar from the
imputations contained in the article.
Solicitor Thurmond objected on the
ground that there was other business
of more Importance at hand, and
Judge Gary ruled that hearing Of the
statement would not be proper unless
the whole bar was concerned In it.
After some little delay the prisoner,
Colonel J. H. Tillman, appeared in
custody of the sheriff and took his
place in the dock. Upon arraignment
he plead not guilty and he was imme-
diately afterward granted permission
to take his seat with his counsel.
The drawing of the jury proceeded
in regular order, and the panel was
completed without exhausting the
regular venire; but not altogether
without incident. In the case Of Muir
ray Parnell, the counsel for the state
desired to know whether the juror was
duly registered. Mr.. Parnell claimed
that he had registration certificate
at home. Mr.. Thurmond called for
the registration books, and the clerk Of
the court, who was duly sworn, was
unable to find the name Of the juror
on the books. 1t appears that the
books in the office of the clerk Of the
court are copies of the originals, and
Judge Gary held that in view of this
fact and the jurors positive state
ment the presumption was that he
was duly registered. He held the ju-
ror to be duly qualified.
All of the jurors were put on their
voir dire and asked the usual ques-
tions. With singular unanimity each
said he had not formed or expressed
an opinion, and each also avowed his
ability to render a true verdict in ac-
cordance with the evidence, without
bias for or against the deceased or the
prisoner at the bar, etc. The state
had exhausted all Of its challenges
when nine jurors had been sworn and
the defense had exhausted it's ten
challenges before the panel was COM
pleted.
The jury was finally organized as
follows: George H. Koon, foreman;
Jacob E. Saylor, Irwin Resinger, Geo.
F. Leitzsey Martin L. Lybrand, Mil
ton Sharpe, Jonas Corley, Marshall
Shealey, J. B. Jumper, Willie L. Hicks,
James E. Price, Homer Woods.
After the organization Of the jury
Mr. Nelson addressed the court as fol-
lows:
May 1t please your honor, since
you intend to keep the jury together
request, that they especially be in
structed not to read the articles In the
State paper and editorials. We do
not request that all literature be kept
from them. but especially the articles
mentioned"
The Court think that proper and
I so instruct you gentlemen. Mr..
Sheriff you will allow them all the lat
itude you can consistent with their
comfort, but I do not want the jury to
have any connection with the outside
world nor to read the editorials re-
quested. They should be kept from
them. You are charged with the keep
ing Of these matters from them. The
court has thought it proper to keep
you together. The sheriff will make
provision for you and try to make it
as comfortable as possible for you.
Mr.. Sheriff, you will make provision
for them.
The first witness examined was Po-
liceman Boland Of Columbia, who ar
rested Tillman after the shooting. His
testimony on direct examination is
pretty we'll covered in the following:
Q.-Explain to the jury why and
where? Al do not exactly remem-
Der the date; think it was about the
middle Of January. 1 had come from
down street to attend to some funeral
affairs for my brother. 1 went down
to the city auditors office and met him
on business. While standing in the
door l heard a report; at the same
time I seen a lady run across the
street. l knew something was wrong.
went around the street car; the
street car was between me and where
the report sounded. Going around the
north side of the car l seen Mr. Till
man then walking on the south side