The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1903-04-15


yet seen Miss Roper and that they did
not know exactly what she would
testify to; that she had written a let
ter to members of Mr.. Tillman's fami-
ly, in which she made mention of adj
ditiOnal threats, and that they were
not fully advised as to this witness,
and they further contended that no
harm could come TO the State by de-
lay, as the defendant was i'm Jail.
Col. Crawford contcnded that the
view expressed by the Judges at re-
cent meeting was to require a com
piiance with the rule as to avoid fire.
qucnt continuanceS, and that the rule
contemplated that the opposing side
might be fully advised OF what was
sought to be proven oy absent wit
nesses, that all of this might be
agreed to and the case not delayed
lie went on to urge that the ailidavits
submitted, and the motion, as made,
did not comply with the rule IN any
way.
Col. Croft contendcd that the de-
fence had shown due diligence in it's
efforts to get the two witnesses, and
that it was an utter surprise to coun-
sci that Miss Roper was not in the
State and that she could not be pres
cnt for the trial. He had iuforma-
tiOn that Miss Roper would, if pres
ent, testify to other things than were
brought out in the atlidavit used at
the hearing for bail, and that counsel
did know from Information that she
would testify as to other threats. lie
4, o.
Il witness on the stand and having the
jury judge OF the credibiity of the
witness by seeing the pcrso; On the
stand
Mr.. Crawford insisted that it must
at least be shown what these absent
witnesses would prove or what they
were expected to show. Judge Klugh
thought THAT this position was cor
rect.
Col. Nelson said he thought the atli-
davitS OF the witnesses in question
were familiar to the counsel and 9TH
erS, but at the instance Of the Court
he brought the allidavits used at the
time of the application for bail and
read these to the Court At the time
OF the application Capt. White made
the following affidavit as to what evil
dence was TO be expected of him;
WHAT WHITE swEARs TO.
South Carolina, County of Richland:
Personally appeared j. 4. White, who,
being duly sworn, depoSeS and says:
That he recalls the event and circum-
stances mentioned in the statement of
4. II: Holzenbacki That he is keeEsg LYa,g
Senate OF South Carolina. That at all
times during the session of the Senate
he is in the lobby of the Senate. That
on Tuesday or Wednesday before the
shooting of n. O.. Gonzales occurred
he was sitting 10y the front door OF the
said lobby talking to Richard Holzen-
back: that to the best of his recollec-
tion it was Tuesday. Tlaat said man
with whom the depOncnt conversed
was clean Shaven and wore glasses, and
as he turned TO go OIL deponent asked
who he was and was informed by some
one that it was n. G.. Gonzales. That
after the deponent'S last remark the
said Gonzales turned of abruptly and
deponent does not know whether he
walked into the Senate chamber or
into the corridor. That the depOnent
communicated TO the said Lieutenant
Governor and President of the Senate
the statement either on the afternoon
of Tuesday or Wednesday. he cannot
recall which, preceding the shooting
ON Thursday. That deponent is a
Confederate veteran, having served
four years in that dreadful struggle
Ihat he was also county commissioner
OF Edgetield County for a like period
and that he is an uncle by marriage of
Solicitor ThurmOnd and of the Hon.
W. y. Strom, late member of the
IInlISn lpanrnGnnf n i,Eal
field County. j. y. White.
Sworn to and subscribed before me
this llth February, 1903.
Robert Norman, IL. S.
Magistrate Richland County.
UoLZENBACK' s TESTIMONY.
The defence also submitted the
atlidavit of Richard HolZenback, who
II will be remembered testified i'm full
as follows: That while he was i'm the
state House day or two before the
unfortunate occurrence which result
ed in the death Of y. G.. Gonzales he
was talking TO Capt. j. \. White. WIN
was keeper of one of the committee
rooms in the Senate end OF the Capi-
toI building; that while he was there
\. q. Gonzales, whom the depOnent
had known for two years. came i'm the
lobby of the Senate chambcrand asked
Cdpl. w nIIc where ms DOSS was. Capt.
White replied. II have no boss" and
he (GOnzalcS) said he meant the Lieu
tenant Governor, and said, IL suppose
he IS neglccting his duty rs he always
is Lieutenant Governor Tillman
was not presiding at that time, but
Governor Sheppard was i'm the chair.
Gonzales said TO Capt. White. he had
made him, referring to Lieutenant
Governor Tillman, show the white
feather on several occasions, and
when he met him he would make him
show it again. Capt. White made
some reply and shortly afterwards MI.
Gonzales went Off. | do not recollect
whether he went i'm the Senate cham
Der or out of the State House.
WHAT MISS ROPER SAYS.
The affidavit of Miss Roper. who is
the other absent witness, vas:
State of South Carolina. county of
Spartanburg; Miss Mary Julia Roper,
being duly sworn, says: That she is by
profession trained muse and is en-
gagged now as such
That during the summer of 1902 she
was nursing Capt. Ralph Elliott, i'm
Spartanburg, =. c., who was then sick.
suffering from dyScntcry.
That his nephew, y. G.. Gonzales.
came TO see him during his illness and
dcpOncnt saw Mr.. Gonzales frequently.
HNa4.N Ii