The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-14

Will De pUU1lSISO S-A%SHs 10 49, >->>' ~
Entered at the Postoftce at Manning as Sec
ond Class matter.
JUDGE GARY ERRED.
The testimony in the trial OF
James II. Tillman, charged with
the murder Of n. G. Gonzales
was concluded last Saturday, and
to avoid being charged with at
tempting to prejudice the case
for or against the prisoner. we
studiously refrained from max
ing any editorial expression with
regard to the conduct of the case.
Now that both sides have been
heard we will comment upon
what we think proper and leave
off that which may be regarded
as an expression of opinion as to
the truth or falsity of the testi-
mony.
The jury was empanneled ac-
cording to the forms of law, and
that body alone had the legal
right to Judge of the truth or
untruthfulness of the witnesses,
and any criticism Of the testi-
mony by the press is not on y
out of place, but calculated to do
injury, because the testimony In
the case was for that particular
trial and will have no bearing on
future trials. Not so with the
rulings of the trial Judge, his
rulings will be quoted in other
cases, and they may affect the
findings where life, liberty and
property is involved, therefore
the rulings are a subject OF
proper comment, and as a layman
We Shall enter npoR~the task.
EEsEssssshi1ssSES It proper to say we
have read. carefully the entire
proceedings as published from
the stenographic reports, and
have agreed with Judge Gary
in most of his rulings. He has
measured up to our estimate OF
the man-able and conscientious,
and his department on the bench
is very gratifying to those who
watched his course, and to our
lay mind his rulings, with a sin.
gle exception, were fair, sound
and tenable. 1t is with the ex.
ception, which we regard a Sc,
nous one, we shall attempt tc
deal in this article.
On last Saturday the State un,
dertook to break down the evi-
dence Of one T. D. Mitchell who
swore to what the State believed
a most extraordinary threat
made by the deceased, and Capt.
J. D. Livingston of Orangeburg,
neighbor Of Mitchell, was put
up, and in order to quote cor.
rectly what took place, we re.
produce, the questions, answers,
arguments, and rulings of the
Judge, from the stenographic
report.
Capt. J. D. Livingston, sworn.
Direct examination by Mr.. Elliott:
Q. Where do you live? a. IN the CT.
ty of Orangburg.
Q. How long have you lived there:
A. For the past 20 years.
Q. Do you know Mr.. T. z. Mitchell:
A. Yes.
0. How long has he been living
there? A. I think he was living there
when I moved to the city of Orange
burg.
Q. How long ago was thags a. About
20 years ago.
Q. Do you know the reputation OF Mr.
T. D. Mitchell. in Orangebrrg for truth
and veracity? A. I do.
Q. Is that reputation good or bad:
A. Bad.
Q. From that reputation would you
believe him on his oath? A. [ could
not.
Cross examination by Mr.. Nelson:
@. You lived in orangeburg 20 odd
years? a. About 20 years.
Q. How many times have you been
in court to testify A. Very few times,
Q. Were you the man that got up the
atiidavits for Tom johnson when he
ran for congress against DR.. Stokes,
A. That's right. No, sir, did not get
up any afidavits.
@. You helped Johnson? a. l did
had the very best reasons for doing
Mr.. Elliott-That has nothing to dc
with this case.
Mr.. Nelson-We have the right to
show the character Of the man.
Witness-That was my privilege.
Q. You did support johnson.
Mr.. Elliott object.
Mr.. Nelson-This is to show who he
is. Whether he is white man living
in a white community backing a white
man or black man, or a black man
living in white community backing a
white man, or who he is.
Mr.. Elliott-We object. He has a
right to support anybody he pleases.
The Court-It seems to me like it is
competent.
Mr.. Bellenger-May it please your
honor, that is calling attention to his
political standing Now, we have ref
erence here unfortunately, whether in
tended or not, to factional politics and
now we are having it with reference to
a mans predictions in general cleo
ton. That has nothing to 90 with this
case, unless your honor takes it as a