The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-02-27
MIR. BELLINaEl, sPEAKs.

| SuHieHG; lOf Une OU1LC. 1b was an
easy matter to obtain a(ildavits to
sustain mans character. II per-
chance that man had local reputa-
tion as bad man." in the western
sense, as q dangerous man, it was not
difficult to find those who, desirous OF
not offending him, would sign testi-
monials In his favor; but to tell the
plain truth about him required moral
and physical courage. Hence the in
ference was fair that In case like
this the at1ldavits attacking mans
reputation for veracity came from SUBJ
stantial men representative Of the
best classes in the community. Re-
ferring to the expression, made to
say" applied to the affidavit of Mrs.
Melton, Mr.. Bellinger observed that
the affidavit Of Holsonbacke was
signed Richard Holsonbacke, his
mark" Nevertheless. 1t was cOuched
with an elegance Of diction and accu-
racy of rhetoric surprising to say the
least Ill Il man unable to write his
name. In striking contrast was the
affidavit Of Mrs. Melton, clearly stat
ing the facts she knew in her own
handwrittngs, submitted to the
States attorneys at their request.
Alr. Rellinger summed up the testi-
moEy Of the States at1idavitS, forcibly
presenting it. If the dying declara-
tiOn Of N. G. Gonzales, the statement
or Senator Talbird and the aIlldavit
OF Mrs. Melton be true, then it was IL
deliberate, schcined and premeditated
assassination.
COL. CROFT CLOSES.
Col. Croft made first strung argu-
ment OH the law Of bail. The rule Is
,.oJ, he slid, as tho State would have
it, That bail should be refused in CA Ses
where u verdict Of guilty is probable
that will not be. set aSide-this with
out coEccding at all that this case is
Of that character. Where u doubt
may be entertained by the court its
duty is mandatory. The court is not
to determine guilt or Innocence in
this proceeding. The crcdibility of
witnesses is not to be passed upon.
The presumption OF innocence the
law gives to the defendant and the
true rule is that if testimony is sub
miutcd that presents defense aud
allows Of the admission Of IL doubt
OF guilt the court must grant bail.
Mr.. Croft then referred to the news
paper and personal attacks nm Mr.
Tillman's public and private charac-
ter, beginning. he said, as far back us
1890. They had no parallel for unrc-
lanting vindictivencss in SoIth Carr
lima. Mr.. Tillman's good name had
been torn to tattcrs and bcSmcared.
Even in his family life, in the sacred
marriage tie he had been attacked
and only his life had beeu left. While
words did not justify the taking Of
human life tile defendant had the
right to infer from the unccasing per-
Sec,ltion OF Mr.. Gonzales the bent Of
his mind towards him, and to believe
that Mr. Gonzales intended to take
| his life as he had taken his good name.
Mr.. Gonzales honesty of conviction
he did not impugn, but his hatred OF
Elllman became an absorbing passion.
lie was relentless towards enemies
and it WIS not in his nature to brook
opposition.
Col. Croft strongly argued the testi-
mony Of Senator Talbird that he oc-
cupied the outside position on the side
position on the sidewalk with Tillman
between him and Brown, accentuat-
ing the point that, such being the
positions. MIR Gonzales turn towards
the inside was Il direct approach to-
wards Tillman.
THE DECISION.
AS Col. Croft was concluding Chief
Justice Pope requested him to explain
the course Of the ball as shown by the
autopsy, and the testimony Of DR..
| knoWltOn was read.
! Then while the spectators listened
with brcathless attention the chief
justice announced his decision. iThele
are always two sides to IL homicide -
he said, and even with the many
that have taken place in this State in
late years, there is in most of them
some provocatiOn that is, there is a
defendants side sit. It seems from
the testimony that the defendant has
been the object Of newspapers attacks
for years perhaps without a parallel
in this State. The liberty of the
press does not permit the license of
| the press. DR.. Franklin said the
| liberty Of the press would often be
followed by the liberty Of the cudgcl.
In this case no clldgel, though, was
used, but Il deadly weapon. One could
hardly believe that man could bear
the long continued ordeal OF the abuse
that the defendant underwent with
out having malice in his heart. The
rule was long ago adopted in this
court not to give the reasoning lead
ing To our conclusions in bail ap-
plications. The law is that the taking
Of human life with malice prcmedlat-
eel constitutes murder Painful as it
is, under my oath Of oillce, SO recently
fresh on my lips, must do my duty
and decline the application"
The following is the order denying
the applications:
StItc Of South Carolina County of
| Richland.
The State VS.. Jas. II. Tillman.
Ihis was al application for bail,
and after hearing the ailidavits both
Of the State and the petitioner and
after argument pro and con it Is
ordered that bail is hereby refused
however without prejudice to the
petitioner TO apply to some other
judge if he should be so advised.
!. J. Pope, Chief Justice.
Million Dollar Hitching Post.
j. r. Postcn Of Bath, N. Y, has III
front of his house what he calls mil
| lion dollar hitchiny most IT, ic q