The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-10-07
TRIAL OF JAMES 4. TILLhAH.
John marshaII's Review Of Evidence
Brought Out Friday.
TESTIMONY WHICH PICTURES
THE ACCUSED TN THE BLACK
EST LIGHT POSSIBLE.

Tell Witt, Startling Direct
ness What They Heard
and Saw.
Lexington, Oct. 2.-The State drew
its wide-hung net close around James
IT. Tillman today. The approach was
no longer sentatiye,s scaUtious, stealthy.
In the twankling Of an eye the whole
attitude, tone and intention Of the
prosecution changed.
It was as though one who has been
lsborio1siy seeking information far
and wide 9or the perpetrator OF deed
Vhirled upon his heel in accusing
wrath and pointing at his nelghbor
an ayeoging finger, shouted IN strI-
dent tones Thou art the man - AS
N by magic the levity which has at
tines characterized the proceedings
vanished. There was no more by-play
between epposing counsel. When they
crossed verbal swords IRE dew,
thrust and parry we're both for blood.
There vas an Gndefnable something an
the very atmosphere which carried to
every spectataor the conviction that
everything that was going forward was
Big with human consequence. Ehe
actual effort to bring murder 10 the
very doc- eft the prisoner at the Bar
was then In progress. The foun-
dations laid with such tedious
care and pains were complete, and
above the-e was rising swiftly per
eisely and In symmetrical detail the
structure itself. The offended law
threw off its cloak Of cautlon and
fairly reared its accusation.
This be it remembered, IS said IN
description, rather than ia Judgment.
/ aave no earthly means OF focetellng
the impression made upon the jury.
The defence, too, is yet to be heard.
: Mr. Tillman's attorneys believe them
selves to be amply equipped to explain
ard answer the. most seemingly damn
ing declarations that have been made
or may be made against him. OF the
Justice Of their convictions may not
reckon now. The side have before
me is but one side. All the evidence
that has been given is the States eyi-
dence. If there be anything lat all in
the prosecution it is faR time that the
fact were made patent This is what
happened today. The climax of the
endeagors of the State approached.
Heretofore it has inquiEed; today II
accused. It is no longer asked, "Who
killed. this mani I stood face to face
with MIR. Tilman and reiterated again
and again, s@Thou hast slain thy
.blother!''
Had not this moment come the
trial would have been mockery.
Had the prosecution possessed No
such evidence as that which was Of
fered today it would have been silly
to have sought conviction. :,
How far the State has succeeded II
. is fo- the jury to say-to say, too, al
ter the deefnce has been afforded an
opportunity to explain to srefute, &c
cor tradict. AS said before the de-
fence claims to be willing and able tc
do all of these things gBut as mat
ters now stand there is but. one pic.
tDrs; a picture painted with the ex.
press purpose Of placing James d.
Tilman: and his conduetsin the black
est light possible.i s.
But TIE sharp tension came later II
the day. The Court opened with Mr.:
Koin on the stand. Mr.. Kohn hao
some information to give regarding
one of the ssDying Declarations" by
-Mr. Gonzales. His testimony was moi
widely dissimilar in general character
from thas which several other Wit
nesses gave, and it would have gone *
the record without necessity fo1
.spadfc notice. had it not furnished oc
casion for an incident which has at
tracted more than passing comment.
Mr.. Kohn was croSssezamined bJ
Col Croft. The witness asserted thai
OF his own knowledge he knew OF NJ
aniInosity existing between Mr
Gonzales and Mr.. Tillman, never
having personally discussed .eithel
with the other.
Col. Croft desired to shOw that MI
Kohn must have possessed such in
formation from reading the editorials
in the State, from general hearsa!
and from common report. The wit
ness stuck to his original assertions
Col. Croft evidently believed hin
to be lacking in frankness. and. in
SPIKED doubtless with sense OF obll
CATION to his client sought to convey
She same impression to the jury The
methods be employed of achieving thi'
end we're the occasion for some erlSl
cisn-
Raising his voice to high pitch
he shouted his queries to the witness
The following are examples:
"Take yonr hands off your knees
and sit up there, sir, and answer N!
question! Do you swear before Goo
and in the name of the Living
Chri st?'' etc. etc.
Now there ane those who hold that {
witness has some personal rights, ever
after he has taken the cath and as
cended the stand. The practice of the
Courts is somewhat to the contrary.
A vide license is granted attorney:
in their Efforts to impeach witnesses
who have given testimony hurtful t.
their clients. But q limit has to bt
set somewhere, and it will scarcely bt
denied by the dispassionate observer
80 Col Croft won't too far HaC