The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1903-04-15

! Gonzales, whom the depOnent nae
known for two years, came in the lob.
by of the Senate chamber and asked
Capt. White where his boss was
Capt. White replied. ~ have no boss, "
and he (GonZales) said he meant the
Lieutenant Governor, and said, 81
suppose he Is neglecting his duty. as
he always is." o.
Lieutenant Governor Tillman was
not presiding at that time, but Gov
ernor Sheppard was In the chair.
Gonzales said to Capt. White, he had
made him, referring to Lieutenant
Governor Tillman, show the white
feather on several occasions. and when
he met him he would make him show
1t again. Capt. White made some re-
ply and shortly afterwards Mr.. Con-
zaIes went of. do not recoIleci
whether he went In the Senate cham
ber or out Of the State House. That OF
the time Of the shooting deponent bad
come diagonally across Gervais street
and had reached the corner Of Gervais
and Main streets before the shooting
occurred. That he saw Lieutenant
Governor Tillman in company with
Senators Talbird and Brown, walking
I'D Main street. Senator Brown was
on the inside, but dropped back to
speak to q lady. That left Lieutenant
Governor Tillman next to Senator Tat
bird, who was on the outside. About
then deponent noticed Mr.. Gonzales
coming down the street In the direc-
ton Of the State House he had on bis
overcoat and each hand in his pocket,
with the thumb resting on the top OF
the pocket, As he got near to Lieu.
tenant Governor Tillman he cut across
the pavement near the street railway
station, and at the same time thrust
his whole right hand In his overcoat
pocket, pushing the pocket back. ]
expected confidently from what / had
heard him say in the Stale House that
he intended then to shoot Lieutenant
Governor Tillman. About that time
I heard Lieutenant Governor Tillman
say "Mr. Gonzales, | received your
message" and then Immediately ]
heard the report Of the pistol. / did
not see where Lieutenant Governor
Tillman got his pistol from, as I was
watching Mr.. Gonzales. expecting to
set him shoot Lieutenant Governor
Tillman.
Lieutenant Governor TillmeD, after
he fired, turned and walked Off into
Main street. Shortly after the shot
was fired beard Senator TaIbird say
"This must stop" Several persons
then collected around Mr. Gonzales
aud In short tune assisted him 10 the
State office.
Sworn to and subscribed before me
this lllh day Of February. 1908. Rich.
ard H. (X) HolzeDback.
James II. Fowler. Jr., l.. S.. Notary
Pubic for South Carolina.
The affidavit Of Miss Roper, who is
the other absent witness was
State Of South Caroline, county OF
Spartanburg: Miss Mary Julia Roper,
being duly sworn, says: That she Is
by profession q trained nurse and IL
engaged now az such.
That during the summer OF 1902 she
Was nursing Capt. Ralph Elliot, In
Spartsnburg. s. G. who was then sick
suffering from dysentery.
That his nephew, n. g. Gonzales
came to see him during his illness and
deponent saw Mr.. Gonzales frequent.
iy. That In discussing the differences
between Lieutenant Governor Till
man and himself Mr.. Gonzales said on
more than one occasion to deponent
that he, Gonzales, had made Lieuten-
ant Governor Tillman show the white
feather, and that he would do all In
hia power against him, and was ex
ceediugly bitter In his denunciatiOn o
Mr.. Tillman.
That she communicated the above
remarks Of Mr.. Gonzales to Lieutenant
Governor Tillnan. Mary Julia Roper
Sworn TO aud subscribed before mt
this 18th dSy Of February, 1908.
John Gary Evans, l.. g.
| Notary Public for South Carolina.
| After the affidavits had been reaC
Col. Croft said that there was addition
al information as to Miss Roper. HI
then went on to urge that In so i'm
portant case that II was Of the utmos
importance that the witnesses be pres
ent, II 1t were Mt all possible, and tha
II was u right granted by the Constitu
ton. He could not zee that anything
was to be gained by the State. He
said that he had never seen case un
der similar circumstances forced 4
trial.
Judge Klugh after the full state
ments by counsel. promptly announc
ed his decision and said
JUDGE KLUGH's DECISION.
The rule of Court, like any othe
| W, (because it Is law authorized b!
statule,) has to he given q REASONABLY
construction. The motion al submit
ted to the Court probably does no
technically comply in every respec
with the rule, rs 1t provides that tn
facts that it is believed the witnesse
would testify to should be eincorporate,
in the affidavits submitted upon tn
motion. In that regard and perhap
in others the motion may not cOmpi.
with the rule, but think IL compile
stantially.
4 Now the construction of this rule
like the construction of any other law
must be In accordance with common
sense. 1t Is true, and 1t has com
. within my observation, even In crimi
nal cases where the facts are set fort
in the affidavit to which the witnesses
r il present, would testify. the opposing
side to the motion might admit thu
( the witnesses would 40 swear IL put up
ON the stand before the jury. And a
, agreement like that frequently ohv
: ales the necessity for Il continuance
But In q case involving the graves
2 issues that can be involved In any cas-
that comes before u Court Of Justice
In. l., Il: 4,