The Savannah morning news., 1903-06-25
TRIAL OF TILLMAN
is NOT TO BE HELD IN RICHLAND
COUNTY.
CHANGE OF VENUE ORDERED.
COUNTY FOR THE TRIAL NOT YET
DETERMINED.

Counsel for the Defense and the
Prosecution Could Not Reach an
Agreement as to the County to
which the Case Should BE Trans
ferred-Judge Townsend Signed
the Order, Leaving the County
Rlanl~-ArGumentS of Counsel for
and Against the Change.
Columbia, S. c., June 24.-Argument
on the motion for a change of venue
in the case of James H. Tillman, in
dicted for murder, was concluded at 5
o'clock this afternoon, and Judge
Townsend at once announced his de-
cision that the change should be
granted. Counsel disagreed concerning
the county where the case should be
sent, and this was left undecided for
the present.
The days proceedings opened with
the argument of Mr.. Andrew Crawford
for the prosecution against the motion.
He spoke for an hour and half, and
his presentation of the law was high
ly complimented. He was followed by
Mr.. P. H. Nelson for the defense, who
also devoted himself largely to the
law of the case. Mr.. G. Duncan Bel
linger, formerly attorney general, next
addressed the court for the prosecu-
ton, first answering the arguments on
the other side. Solicitor Thurmond
closed for the prosecution in a clear
cut speech.
The sensation of the day followed.
when ex-Judge o. w. Buchanan, the
defendants brother-in-law, addressed
the court. 1t was not thought that
Judge Buchanan would speak, and es-
pecially as the defense had left only
about fifty minutes of the time allot-
ted that side, which it was presumed
would be occupied by Congressman
George w. Croft, Tillman's law part
nef.
Buchanan Roasted the state.
Judge Buchanan spoke for thirty
minutes, and delivered a bitter ar
raignment of the press, the CONNER
cial interests and the people generally
of Columbia. He asserted that com
mercialism had supplanted the old
Southern standards, and that the press
was now at liberty TO abuse and VII
ify any man who spoke his honest con-
victions. He charged that the State
had goaded the defendant to deSpera-
ton by its abuse of him, and said The
State had now cracked its whip and
dashed the citizens of Columbia into
signing affidavits for the prosecution
under fear of the States power. He
charged that the capitalist interests
and the press were allied and that
men had been inundated into sign
ing those affidavits, lest they lose their
positions or their business be injured.
by grabs, exclaimed Judge
Buchanan, IF they don't like this, let
them lump it,"
Judge Townsend interrupted the
speaker to say that he was consuming
the time of the defense, and leaving
none for Mr.. Croft. Judge Buchanan
then took his seat and court adjourned
for dinner, with fifteen minutes re-
naming of the allotted time. This was
extended, and Mr. Croft closed the
argument after dinner in a strong
speech of about twenty minutes.
Granted the Change of Venue.
decision to grant the motion, and asked
counsel for suggestions concerning the
place to which the case should be trans
ferred. Mr.. Croft suggested Saluda.
To this Solicitor Thurmond objected on
the ground that Saluda Court House is
fourteen miles from the railroad, and
accom- modat lions are too meager to en-
terrain the 200 witnesses who would
have to be transported there.
Mr.. Crawford also spoke in objection
to Saluda saying that the defendants
father, the late Congressman George
D. Tillman. was the father of Saluda
county and that until recent years
Saluda was a part of Edgefeld, the de-
PENDANTS home county.
Mr.. Nelson spoke strongly in favor
of sending the case to Saluda, alleg-
ing that the defendant was entitled to
a speedy trial. and this could not be
had unless it was sent to either Sa-
luda or Edgefield, as court for this
term has been held in the other coun-
ties of this circuit.
MIR. Bellinger replied to the remarks
of Messrs. Croft and Nelson with much
vigor, asserting that to transfer the
case to Saluda would be unwise and
unjust to the prosecution, as well as in
convenient. He said that the defendant
by asking for a continuance at the last
term of court, when the prosecution
was anxious to proceed. There were
several lively tits between Messrs.
Nelson and Bellinger.
Mr.. Croft closed the argument, as
serting that there were ample accom-
modations at Saluda, and that it is
Tillman's stronghold. Judge Townsend
then instructed the attorneys to draw
UP an order for a change of venue and
leave the county blank for the present.
1t is supposed he will announce his de-
cision on that point tomorrow.
Where II May be Tried.
The case must be tried in this judi
cial circuit. in which there are FIVE
counties. This county. Richland, is
now eliminated by to-day's decision.
Edgefield is the defendants home, and
counsel for defense admitted that they
did not expect ii to go there. although
counsel for the prosecution prefer
Edgefield 10 Saluda. Saluda is a new
county. cut of seven years ago from
Edgefeld. and George II. Tillman. IA,
Their Of the defendant. was instrument
tai ia having IL formed.
The two other counties In the circuit
are Lexington and Kershaw, which
are on opposite sides Of Richland Lex
ingtOn adioins Edgeiieid. but has close
business associations with Richland.
and II Is Lexington that the attorneys
Tor the prosecution seem to prefer