The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-09-16
The TILLHAH TRIAL.
Middle Over Selection Of Judge 10
Preside Over Court in Lexington.
JUDGE BENET MAY Be APPOINTED
Instead of Judge Townsend TO Hold
the Term Of Court I'M Lexington
atWhich James H. TilInlan
viii be Tried for the
MURDER OF N. G. GONZALES.

MURDER OF N. G. GONZALES.
Columbia, Sept. 12.--Several days
ago Judge Townsend was appointed to
hold Court IN Lexington comfy on ac-
count Of the illness of Judge Gage,
who was relieved of duty by Chief
Justice Pope. The order assigning
Judge Townsend TO hold the Lexing-
ton Court was published at the time
and attracted attention because the
case against James Il. Tillman is to
be heard at the approaching term OF
the court in Lexington County, IN
less something unforeseen happens.
It appears that Judge Townsend was
assigned 80 hold Court at Winnsboro
at the Identical time that he was as
signed 10 hold Court in Lexington
county. The Court in Winnsboro
opens on the 21st instant, the same
the day Lexington term begins.
The counsel in the case against
James B. Tillman thought that the
status was Questionable. Counsel for
the prosecution, therefore, brought
the matter to the attention Of the
Chief Justice, and it was contemplat-
ed that motion would be heard to-
day at Spartanburg relative at the as
signment Of Judge Townsend to the
Lexington Court, but it was found
that the hearing was not necessary.
Counsel for the prosecution insist
that they had nothing against Judge
Townsend and would have had no pos
sible objection to him personally, but
they did not want TO go through the
trial and have possible verdict at
tackled on thes ground of the jurisdic-
tion Of the presiding Judge, and
therefore wished to have that phase Of
the question first decided by the
Chief Justice, VINO himself made the
appointment.
The time for holding of the Courts
in the State is IN very much confus-
cd condition aud statutes are con-
stantly changing the time for holding
Courts. and it is thought that this
confusion led Justice Pope TO the as
signment Of Judge Townsend to the
Lexington Court, without thinking
of MS having TO hold the Fairfield
Germ of Court at the same time.
The statute Law. as will be seen
from the following, requires the as
signment Of judges 60 their circuits
for a year:
Section 2, 730. Between the 1st and
18th day Of December, in each year,
the Chief Justice, or in his absence or
inability to attend, the senior Asso-
ciate Justice. shall form q roster Of
the CireHit judges of the several cir
cuits, in order to arrange a regular
and continuous assignment and inter-
change Of circuits among said Judges,
and make an order assigning the seY-
eral Circuit Courts IN all of the cir
cults Of the State for the whole Of the
succeeding year, in such order as will
affect continuous interchange of cir
cnits according TO said numerical
series. Iu mediately thereupon the
Chief Justice. or, IN his absence or
Inability to act, the senior Associate
Justice, shall direct the clerk of the
Supreme Court to furnish each of the
Circuit judges. as we'll as the Chief
Justice and senior associate Justice,
wish a. certified copy Of said order.
which shall be sufficient notice 20 the
said Circuit Judges of their assign
ment aforesaid, and they shall proceed
to hold the Courts in the circuits to
which they are respectively assigned
aS the times appointed by law for the
several Circuit Courts to be held. and
the clerk Of the Supreme Court shall
also forthwith transmit certified
COPY of said order TO the clerk Of
every Circuit Court of the State"
In accordance with this staute, ON
the Itch of last December the Chief
Justice assigned the Circuit judges,
and for the third series of terms Or
dered that the Court for the 9th cir
crit should be held by the Judge Of
7th circuit. This means that Judge
Townsend should hold Court in
WinnsDoro for the fall term.
Judge Gage notified the Chief JUS
tice Of his indisposition, and there
upon Judge Townsend was appointed
70 hold the Court at Lexington. The
Court at Lexington and at Winnsboro
both open on the same day, and coun-
sci for she prosecution say that, under
the etatute, only disengaged Judge
could have legally been assigned to the
Lexington Court, and that Judge
Townsend was not disengaged, as he
was due to hold Court at Winnsboro,
on the 2lst. The statute reads:
Section 2,743. Whenever any Cir
cult Judge, pending his assignment to
hold the Courts of any circuit shall
die, resign, be disabled by illness Or
absent from the State, or in case Of
vacancy in the Office of Circuit Judge
Of any circuit, or in case the Chief
Justice or presiding Associate Justice
of the Supreme Court shall order q
special Court of Common Pleas and
General Sessions. or Common Pleas,
or General Sessions. in any county in