The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-07-03
THE TILLNLAN CASE.
Judge Townsend Grants g Change of
Venue from Columbia.
BUCHANAN ABUSES THE PRESS.
A Warm Debate Over tho Selection
or the Place OF Trial. lex
ineton County Finally
Chosen.

James IT. Tillman will be tried for
the murder Of N. G.. Gonzales at the
c)unty seat Of Lexington, beginning
the third Monday in September, un-
. less the defense obtains another con
tinuancc. The order for the change
Of venue was made by Judge Town
send in the criminal court on WcdncS-
day afternoon after tho argument was
concluded and the plac, announced
Wednesday morning shortly after the
court convened. In making tile an
nouncemGnt the court said that he
had given the matter much thought
and had finally determined that Lex
inEtOn was the proper place tn hold
the trial. The sheriff w;s ordered to
have the prisoner there by the second
week i'll September. Only the affidavit,
used in the change OF venue proceed
ingS were permitted to be filed, al
though the prosecution desired to lave
those filed also that were used in the
proceedings to obtain bail before Judge
Pope. We present below the argl-
mentS or the at'orncys i'm the case
after the atliClavitS all had been read:
JUDGE CRAwFoKD's ARGUMENT.
In tho discussion Of such IL case rs
this the legal propositions should first
be given. This motion for Il change Of
venue should not be granted unless The
showing is made very strong. Another
proposition IS that the PARTIES who
come asking for the change must have
the prcponderailcc of the evidences: if
there be an equal balance then they
lose tllcir case. The rule is that The
defence shall establish their point by
The question is, is The prisoner cnti-
tlcd to Il change OF venue on account of
the local prejudice? And the defend
ant presents in SLcrcotypcd forms AMI
davits saying that Il fair trial could
not be had. The defence has presented
to you Il mass OF allidayitS, but there
are some among them who are people
OF this county. The others bclo:lg TO
the migratory class: that is, The mill
population. They are not people who
cannot speak FOR Rchland County
Upon this line IS The one point Tor thc
defendant. Such atidavils declaring
nothing but tile belief OF the atlantis
have no weight in the determination
OF the change Of venue. Tie motion
must he accompanied by aildayits
( based on facts, not beliefs: knowledge
not opinions.
Judge Crawford cited number o
cases throughout the United States
aS showing that it is insufficient to Obtail
change on such opinions and beliefs
;ts GasSllcll were the case q change could
EE De procured from one county tOanothcr
and In this manner the case could b(
carried on indefinitely. The law must
4 be resolved OH principle and not mere
~ on the opinions of everyone. Oul
Supreme Court has repeatedly decided
that when Il juror has been put on his
voir dire and declares that Ills mind is
unbiased that juror is perfectly compc-
tent to sit ON the case.
l t WAS on account OF these beliefs
and opinion atlidavitS that the Courts
of South Carolina in the case OF tho
State VS. Williams, declared in 1923
that change Of venue can be granted
only when accompanied nv aildavits
IN which facts arc given. Is the jury
OF Richland County to be impcachet
before they are put on their vOir dire:
Because Il few OF the friends of the vic
tim subscribe to monument funt
should it then be said that Il fair iria
could not be gotten in Iichland Co,n
ty? According to the case reported il
.Sth New Mexico the NEE statement.
OF the attorneys OF the defendant
should have no weight with the Court
That the venue will not be changed
merely on the belief Of the prisoner anC
his friends that he can not get Il fail
trial is specifically stated by Bishop
we have shown TO the Court by atlda-
Wits that over onc-half Of the jurors
drawn in this Court are from the
country districts OF the county; there.
fore, the articles published in the
Record could have no elect Oh them:
as This paper has no country circular
tion. The accused has made objection
TO the effect that the jury is made III
0l improper jurors. BY the safeguards
of The law this is eliminated in such Il
manner that Il juror who is biased can
not sit on murder trial.
The ailidavits Of the prisoner relate
ITO the time when the blood OF the vic.
Tim was still on the ground, but now
after six months have elapsed, to say
that the people still llarbor tile malis
nancy OF rcngeancc-ncvcr. This pcO
have almost forgotten this trial The,
bring extracts, written by single cdi-
tor, and try to show that this indi.
vidual has influenced the Jurors OF this
county. a II OF the witnesses for The
State say that a fairand impartialir
can be had. Four hundred and thirty
one atlidavits have declared that if
there was any feeling against James i
Tillman it has disappeared.
Mr.. Crawford then read the letter
from Col. Willie Jones, in which Inc
says that Tillman can get IA fair
trial. This is The only representative
citizen who has made an affidavit fol
the defence, )" and he says that I'illmal
can get Il fair trial now. There has
been talk OF violence 10 the accused
Why. Col. I'illman walks in and out OF
Ibis Court room With us much safety
rs in his mothers home. The sworn
statement OF Senator j. g. Marshall
shows that there is us much feeling in
every part OF the state us is in His
county. There was some feeling
against Col. Iillman at the time OF The
killing, but this has subsidized now
! mas been shown that notwil h.
standing the fact that Mr.. y. G. Con
Zalcs fought the accused in his race for
G0rcrnor last summer, Col. 'rillman
received more votes than any other
candidate. The defence has presented
you about fifty ailidavits from citizens
OF Lexington County. who declared
that Il fair trial cannot he had in Itich-
lnnd. These people have nothing to dc
with the case. Tie defence must show
beyond Il doubt that Il fair trial can
not be had Must il be shown by The
number Of ailllaviiS? Then wc have
1hcm. by The intelligence OF The al,i-
ants? Then We have them by lhcil
representative character: by the varied
occupations? ! so. then tic proscc,i-
Lion has them.