The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-09-23
THE T|LLNAH TRIAL
SET FOR next MONDAY.
Lexington Lawyers Wanted Lex
ington Gases Tried First.
The SOLICITOR was OVERRULED.
Grand Jury and County Officers
Also Asked That the TiIlman
Case Come Last.
Soecial to The State.

Special to The State.
Lexington, Sept. 21.-The trial of
James H. Tillman, charged with the
murder of N. G. Gonzales, was today
Informally fixed by acting Judge
Frank B. Gary to begin next Monday
morning. Solicitor Thurmond for the
State suggested that Thursday be fixed
for the trial and made "a brief but
clear and strong argument in favor OF
that day, but tie judge, Influenced.
as he said, by a special presentment
of the grand jury and a petition from
the fiscal officers of Lexington county,
complied with the earnest plea of the
attorneys for the defense, delivered in
five arguments, and named the first
day of the second week of the sessions.
The prisoner was brought into the
court room at 5. 80 O'Clock this after
noon. It became known at an early
hour today that the arraignment
would be had in the afternoon, but as
the day wore on and the court contin-
ued to occupy itself with other cases,
it seemed to the spectators that the
programme had been changed.
However, argument in the trial Of a
riot case was finally suspended and
the solicitor announced that he would
enter upon the arraignment Of defend
ants charged with murder. A few
minutes later Sheriff Caughman en-
tered with his prisoner and immedi-
ately behind him came his lawyers.
Senator B. r. Tillman, who had been
in the court room for short time in
the afternoon, left just before the
prisoner was brought and came back
with his party. Senator Tillman shook
hands with his nephew when they
faced each other within the bar, as
though they had not met since the
senator's arrival in Lexignton.
Mr.. Croft, the leading counsel for
the prisoner, arose and asked that the
following be entered on the record as
counsel for the defense: P. e. Nelson,
Johnstone & Welch, George r Rem
bert, Efrd d Dreher, G. T. Graham,
W. Fl. Sharpe and himself. A few
moments later he requested that the
name of Cole L. B1ease be added. 1t
will be observed that ex-Judge Bu-
chanan's name was not announced as
counsel. He was. however, present.
Solicitor Thurmond announced the
following for the prosecution; G. Dun
can Bellipger, Andrew Crawford, Will
lam Elliott, Jr., E. L. Asbll, Z. Q.
Sturkie and himself.
Mr.. Croft arose and said that it
would be agreeable to the defense to
waive the formalities of the arraign-
ment, the three days which the pris-
oner may claim between arraignment
and trial to date from today. To this
the solicitor assented. The formal
arrsignment will take place at the be-
ginning of the trial.
THE SOLICITORS ARGUMENT.
: At this point Solicitor Thurmond
moved that the trial be fixed to begin
next Thursday morning. "This, -
he said, "would be for the welfare of
all concerned, owing to the fact that
great number of witnesses had been
subpoenaed on each side. It would
be well to dispose of the case as soon
as practicable. He read Letter from
Attorney John j. Earle of Columbia,
stating that the latter would represent
the prisoners Weston and Doyle, white
men indicted for murder in Lexing-
ton, that he was i'll with chills and
fever and while able to be up in his
room could not attend court this week.
Mr.. Earle, therefore, asked that the
Weston and Doyle cases be postponed
until next week. A certificate from
DR.. Knowtlon of Columbia accompan-
led the letter, stating that Mr.. Earle
could not attend to his professional
business for 6 few days. The solicitor
then stated that in his opinion all the
other criminal business could be dis
posed Of by Friday, that the postpone
ment of the Doyle and Weston cases
would be inevitable in all likelihood,
that other cases would necessarily
have to be tried after the conclusion
of the Tillman trial at all events and
consequently no harm could result
from taking up the Tislman trial on
the day named. AS to the costs of the
county, nothing would be added as all
witnesses could SSbe discharged pend
ing the Tillman trial.
Mr.. Efrd Of counsel for the defense,
Lexington lawyer, stated that the
Tillmsn case was not ga child of Lex
ington but an adopted child The
courts and people of Lexington would
do their best to perform their duties
with regard to it, but Lexington liti-
gants and Lexington taxpayers were
not called upon to look after the in
terests of the adopted child in prefer
ence to their own interests-Lexington
county's. Floods in the month of June
had prevented the attendance of the
presiding Judge and no court had then
been held. Consequently, the busi-
ness of the criminal court had largely
accumulated. When the Jones murder
case of Edgefeld county had been
transferred there had been no request
to commence its trial until after local
business had been disposed of and he
was informed that the same course had
been pursued when a case had been
transferred from Richland to Ker-
shaw. The court should not be
switched offs to this case at the ex-
pense of the peoples pocket books.
All day an under current Of excite
ment had been visible in the court
room Tt was due to the Tillnan case.