The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-02-13
SELF. DEFENSE WAS
COL. TILLMAN'S PLEA
in THE HEARING YESTERDAY ON AP-
PLICATION FOR BAIL.
Hearing Postponed Till Next Thursday
Because AffldavitS Had Not Been
Served Upon Prosecuting
Attorneys.

oail Oh James ii. Illlman, charged with
numbering N. G. Gonzales, which was
held in the court house here TODAY. was
continued until Thursday next, at 10
O'Clock, when it will be concluded in the
court house in Columbia. The motion
to continue the hearing was made by
Solicitor Thurmond, for the State, on
the ground that the States ATTORNEYS
had received no copy of the af1idavits
which defendants council today sub
mtted, and, therefore, had had no op-
portunity for reply.
The hearing today was attended by pro-
badly as large crowd as the court house
ever held. 1t was packed and jammed,
and standing room was at premium.
The best of order prevailed and the
large crowd heard with the closest at
tentlon every word of the affidavits
which were read Col. Tillman appear
ed IN person and during the whole of
the proceedings sat in the court house.
On his right sat his brother-in-law, Ex-
Judge 0. w. Buchanan. Just behind
him on table was Col. Cole. L. Blease,
one OF his attorneys. In front of him
sat Messrs. Nelson and Croft, also his
! attorneys. At times Col Tillman
listened very closely to the af1idavits
and to the words of counsel in their
argument upon the motion to postpone.
At other times he sat, apparently
apathetic, with his chin resting upon
his hand and mis- arm upon the table.
| OF course the greatest interest TODAY
centered in the affidavit of Col. Tillman
himself. The affidavit is given below
IN substance. AS will be seen, Col.
| Iillman takes the position that he acted
in what he conceived to be self-defence,
that he fired because he thought his life
was in danger. That Gonzales, as is
sought to be proved by the affidavit of
| Holtzenbach, which was submitted had
made threats against him, saying that
he had made him show the white feather
on several occasions before and would
DO so again. That when he met Mr..
Gonzales on the street just before the
tragedy Mr.. Gonzales had both hands in
his overcoat pocket and was glaring at
him. That MIR. Gonzales pushed his
right hand deeper down into his pocket
when he saw Tillman, and that Tilman,
with the threats made by Mr.. Gonzales in
i2lnd, and taking into consideration Mr..
| Gonzales appearance with his hands in
his pockets, thought Gonzales was going
to shoot.
In the very beginning of the pro-
ceedlngs, Solicitor Thurmond, for the
prosecution said that he had asked
| counsel for defense for such aflidavits
as they might use today. He had not
received them as yet and he moved that
in accordance with custom the defence
serve upon the prosecution copy of said
aiidavits and that the hearing be post
poned until such time as would suit the
court. Chief Justice Pope overruled the
motion for the present on the ground
.nat thedefense could not be anticipated,
saying that the testimony at the coro-
ner's inquest, or such matter, might be
submitted.
Mr.. Nelson opened for the defense
with the reading of the testimony taken
at the coroner's inquest over the body
OF N. G. Gonzales. This testimony is
familiar to the readers of this paper.
| The following affidavits, which are
given in substance as they were read,
were then submitted:
| HoLTzENBACH's AFFIDAVIT.
| Rnfora mo Dorcon,lI,, ,o,,o,,ol ID
ard Holtzenbach, who being duly sworn,
says: | came to the city of Columbia on
the 18th day of January, 1908, for the
purpose OF trying to get a position as
doorkeeper of the House of Representa-
tives, but was unable to get the ap-
pointment and returned to my home the
| l7th day of January, and while was in
the State House a day or two before
the unfortunate occurrence, | was talk
ing to Capt. j. w. White, who was
doorkeeper of one Of the committee
rooms. While he was there N. G.. Con
zales came in and asked White where
his "bnss' was and Capt. White re-
| piled, 81 have no boss" Mr.. Gonzales
said he meant Lieutenant Governor
Tillman. He said, 81 suppose he is
neglecting his duty, as he always is."
At the time Governor Sheppard was
presiding. N. G. Gonzales said to
Capt. White Che was referring to
Lieutenant Governor Tillman) that he
made him show the white feather on
several occasions and would make him
show it again. Shortly afterwards Mr..
Gonzales went off. | don't recollect
whether he turned and went into the
Senate chamber. Soon after saw Gov.
Tillman in company with Senators Tai
bird and Brown walking up Main street.
| Senator Brown was on the inside. He
dropped back to speak to a lady and
that left Lieut.. Gov. Tillman with SEN
ator Talbird. Senator Talbird was on
the outside. Deponent noticed Mr..
Gonzales coming down the street walk
ing in the direction of the State House.