The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-02-25

expression, made to say, !" applied to
the affidavit Of Mrs. Melton, Mr.
Bellinger observed that the affidavit
of Holsonbacke was signed :" Richard
Holsonbacke, his mark Neverthe-
less, it was couched with an elegance
of diction and accuracy OF rhetoric
, surprising to say the least in man
unable to write his name. In strik-
ing contrast was, the affidavit Of Mrs.
Melton, clearly stating the facts she
knew in her own handwriting, SUBJ
mitted to the States attorneys at
their REQUEST. Mr.. Bellinger summed
nd the testimony Of the States afida-
Wits, forcibly presenting it. eff the
diving declaration Of N. 6. Gonzales,
the statement Of Senator Talbird and
Che affidavit Of Mrs. Melton be true,
then it was deliberate, schemed and
premeditsted assassination. Refer
ting to che afidavits of Mrs. Melton,
Talbird, Lancaster, the Zimmerman
and Smith lads and others, he ex-
claimed: II the case Of the State be
not true, then say there is establish
ed among State senator's, members Of
the house, the children, the women
and the men of Columbia a damnable
conspiracy to commit judicial muir
der!'' He pointed out the vagueness
of the defense's eyewitnesses One of
them was on 'sthe corner of the
street. The street at that intersec-
ton has four corners. Another was
Gin Main street, when he saw the
shooting-and Main street is two
miles long. How strangely uncertain
as to time and place!
COL. CROFT CLOSES.
Col. Croft made first strong argu-
ment on the law of bill. The rule is
not, he said, as the State would have
it, that bail should be refused in cases
where verdict of guilty is probable
that will not be set aside-this with
out conceding at all that this case is
of that character. Where a doubt
NAV be entertained by the court its
duty is mandatory. The court is not
to determine guilt or innocence in this
proceeding. The credibility of wit
nesses is not to be passed upon. The
presumption of innocence the law gives
to the defendant and the true rule is
that if testimony is submitted that
presents a defense and allows OF the
admission of a doubt of guilt the court
must grant bail.
Mr.. Croft then referred to the news
paper and personal attacks on Mr..
Tillman's public and private charac-
ter, beginning, he said, as far back
as 1899. They had no parallel for
unrelenting vindictiveness in South
Carolina. Mr.. Tillman's good name
had been torn to tatters and besmear-
ed. Even in his family life, in the
sacred marriage tie he had been attack
cd and only his life had been left.
While words did not justify the tax
ing of human life the defendant had
the right to infer from the unceasing
persecution of Mr.. Gonzales the bent
of his mind towards him, and to be-
lieve that Mr.. Gonzales intended to
take his life as he had taken his good
name. Mr.. Gonzales honesty of con-
7iction he did not impugn, but his
hatred of Tillman became an absorb
ing passion. He was relentless towards
enemies and it was not in his nature
to brook opposition.
Col. Croft strongly argued the testi-
mony of Senator Talbird that he occu-
pied the outside position or the side
walk with Tillman between him and
Brown, accentuating the point that
such being the positions, Mr.. Con
zales' turn towards the inside was a
direct approach towards Tillman.
THE DECISION.
AS Col. Croft was concluding Chief
Justice Pope requested him to explain
the course Of the ball as shown by the
autopsy, and the testimony of DR..
Knowlton was read.
Then while the spectators listened
with breathless attention the chief JUS
tice announced his decision. There
are always two sides to homicide, :"
he said, "and even with the many
that have taken place in this State in
late years, there is in most Of them
some provocation-that is, there is a
defendants side to it. It seems from
the testimony that the defendant has
been the object of newspaper attacks
for II years perhaps without a parallel
in this State. The liberty Of the press
does not permit the license of the
press. LII. EIdllh14A Scalo OiiO 4IoOi ot
of the press would often be followed
by the liberty of the cudgel. In this
case no cudgel, though, was used, but
a deadly weapon. One could hardly
believe that man could bear the long
continued ordeal Of the abuse that the
defendant underwent without having
malice in his heart. The rule was
long ago adopted in this court not to
give the reasoning leading to our con-
clusions IN bail appiictions. The
law is that the taking of human life
with malice premeditated constitutes
murder. Painful as it is, under my
oath of office, SO recently fresh on my
lips, l must do my duty and decline
the application.
Save the relaxation of the tension
which the spectators had labored un-
der. the decision produced no mani
festation whatever.
The following is the order denying
the application:
IRELAND