Keowee courier. [volume] (Pickens Court House, S.C.) 1849-current, 1903-02-25
sAlL DENIED 10 TIl,nAH.
Many Afiidavits Submitted BY the Attorneys Tor
Prosecution and Defense.

| James ii. Tillman. Mr.. Justice Pope
held that Tillman had proyocation for
the killing, but that there was malice
evident.
| BRIEF RESUMIs OF THE CASE. g
At the hearing at Newberry Holtzen.
bach, Of Edgefield, testified that ne hnd
heard Mr.. Gonzales say that no wouid
make Tillman show the white feather.
| This was corrobborated by Mr. j. A,
/ White, doOrkeeper In the Senatek who
modified by saying that he did not know
whore the man was, but that he heard
| the remarks. S 1
To-day tho State produced witnesses
to show that White Is feeble-minded.
In reply Senator B. II. Tillman and ex.
treasurer w. ii. Zimmerman testified as
TO Whites veracity and proper mental
Answers to affidavits were submitted
by Holtzenbach's neighbors, who swore
TO his lack of veracity, and the dsfenae
submitted affidayits In reply from DIR.
/ Zimmerman and others.
The prosecution produced afiidavits to
show that Tillman was the one who had
made threats, that Gonzales made no
demonstration, and that his handa were
in his oyercoat pockets, thumbs out, and
pockets. =
DR.. Lancaster, q legislator from Spar
tanburg, saw Tillman's pistols the day
before the shooting.
l reply was an affidavit from Miss
Roper, trained nurse Of Spartanburg,
who declared that in attending Mr..
Gonzales uncle, Captain Elliott, that
she heard Gonzales remark that Tillman
had showed the white feather and heard
him speak ill Of Tillman. 7T
The prisoner himself presented aii,
affidavit setting forth the editorial at
tacks made upon him in the State newa-
paper since 1890. 80,
a railroad man, saying that Tillman had
told him that he intended to kill Coma
les and that Tillman had showed him the
pistol with which he was going to oom.
NIT the deed. -
Representative Gauze said that he had
heard Tillman say that he told his wife
that he didn't know where he would
board in Columbia; that he might be in
the pepitentiary. -
e. j. Watson, oity editor of the State.
the paper of which N. G.. Gonzales was
editor, submitted an affidavit in which
he said that Tillman made q reoueat of
him to toll Gonzales that he (Tillman)
intended to kill him. -
Tillman denied all these statements
and again asserted that Gonzales glared
pistol.
At 11;3o the reading Of afidsvits was
Col. p. 81. Nelson led for the defense.
followed by Mr.. Andrew Crawford and
Mr.. Bellinger for the prosecution, j Col.
Croft made the concluding argument for
the defense. M =.
Chief Justice Pope at 4.1o rendefed a
decision declining to grant Tillmafl' bail
and allow him to present a petition I'd
any other Judge. .
THERE WAS SUPPRESSED EMOTION.
Over one hundred people hung with
breathless emotion ON the words of the
Chief Justice as, with evidently snn.
pressed emotion, he announced his de.
cision in the following language:
There are always two sides to :
homicide, 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 Ia a de-
fendant's side to it, 1t seems from the
testimony that the defendant has been
the OBJECT OF newspaper attacks for IL
years, perhaps without parallel in this
State The liberty of Che press does
not permit the license of the press.
DR.. Franklin said that the liberty Of the
press would often be followed by the
liberty of the cudgel. In this case no
cudgel, though, was used, but deadly
weapon. One could hardly believe that
man could bear the long continued
underwent without having malice in his
heart. The rule was long ago adopted
In this court not to give the reasoning
leading to our conclusions in bail applf-
cations. The law is that the taking of
human life with malice premeditated
constitutes murder. Painful as IL IA.
under under my oath of office, 80 recently
fresh on my lips, / must do my duty and
decline the application"
Save for the relaxation of the tersion
which the spectators had labored under,
the decision produced no manifestation
whatever.
Was Confident Of Securing Ball.
Columbia, February 21.--If the de-
cision In the Tillman bail case was unex-
pected by great majority of the people
1T certainly was deep and bitter. disap-
polntment to Tillman. So confident was
he that he would be allowed bail that he
had his Dond already signed by. good
sureties, aud all that remained to be
done was to insert the amount and prove
the securities. 1t is said that Col. Till
man had submitted his securities to
Clerk of Court Walker, who had to APP
be no delay in furnishing the bond and
securing his release, He ia very tired of
confinement and firmly expected TO- be-
set at liberty. The decision Of the
Chief Justice completely upset his plans,
NO DEFINITE PLANS AS YET. f,
The attorneys for Tillman have not
yet decided exactly what steps they will
take in the matter. Col. Nelson stated
that it was too soon after the decision .to
be able to say what would be done. The
general impression seems to be now that
no motion for continuance will be
made since the application for bail was
refused, but that the trial will be held
in April.
NO MOVE FOR CHANGE OF VENUE.
Representative Ransford, of Edgefeld.
who Is close friend of Jim Tillman, Ia
authority for the statement that Jim
Tillman would not allow his ATTORNEYS to
move for change of venue. It has all
along been predicted that Tiiinian's at
torneys would move to have the case
tried elsewhere, but, according to Mr..
Ransford, such will not be the case.
"Mr. Tillman feels as though he ia
among his friends here" said Mr.. Rams
ford, Sand am sure will make no move
TO have his case heard in any other than
the court of this county. / have talked
with him, am fairly familiar with his
line of defense, and know whereof /
speak,"
The Atlanta Semi i-Weekly Journal
and THE COURIER for S1.75 O year.