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

wit, counsel has not had the opportu-
nifty to confer with the witness: that
the witncss's absence has occurred
since the affidavit, to which reference
10 made. was given and. the reasons
given why the additional facts she
would testify are not set forth must be
considered AZ satisfactory.
The sheriffs return shows the wit
ness Is In New York, and 1t is hardly
reasonable to expect that counsei
would have posted of to New York to
find out what those facts were. That
IL an additional reason, and, in my
Judgment, would be of itself sufficient
reason to warrant the Court In post
poning this case until all the facts may
be submitted to the jury on the issues
involved In the CAGE.
I am Of the opinion this motion
must be granted. Take the order OF
the Court to that effect.
AS soon as Judge Klugh had an.
fnounced his decision on the motion,
which was received without any mani
festatiop, Solicitor Thurmoud arose
and said: II would like to have the
defendant arraigned, unless the three
days notice IL waived.
This seemed to be an entire surprise
to the defence and Mr.. Nelson eaid:
"It seems to us that is unusual. The
case has beed continued and there IL no
use to have the arraignment now.
Possibly before the arraignment we
NAV have some plea or motion to make
and we should not De required to plead
now"
Solicitor Thurmond: "The plea
should come after arraignment and
not before" =,
Mr.. Nelson d" I disagree with the
solicitor as to that and will cite him
the case Of the State versus Boyd, 81
|S. C. We cannot tell yet what It may
be necessary for Us to take advantage
of. The case Is continued and no fur
ther progress should be made In It
now,p aud he did not see that any
good could be had by having the ar.
raignmept at this time, es the case had
been continued and that ought. to lend
the matter for this term OF the Court.
Judge Klugh expressed his view and
said: II hardly think anything can
be gained by putting the defendant to
his plea. In view OF the statement OF
counsel further proceeding in the
cause at this term must be postponed.
"Tbe defendant will be remanded
and the case continued"
The affidsvits that were submitted
and the return that was made by the
sheriff Of Spartanburg were the only
papers presented to show that Miss
Roper could not be here on Monday or
later on at this term of the Court II the
case had progressed at this session,
and the only facts as to the condition
of Capt. White and his ability to at
tend Court later on are contained In
the affidavit given by the attending
physicians.
At first Judge Klugh indicated that
he would sign an order for the 'contin.
uance of tha case, but later on said
that he would mark the case continued
on the docket, and this Mr.. Nelson
thought would be all that was neces'
sary.
This ended the matter In the Court
for the present.
MIR. croft, Mr.. Nelson, Senator Till.
man and Mr.. James H. Tillman re-
tired to one of the rooms In the Court
House and held conference, which
lasted for fully an hour. During the
progress Of the conference Col. George
Johnstope and Mr.. Geo. Il. Remberl
were present.
Mr.. Nelson was asked. Immediately
after the continuance OF the case
whether bail would be asked for, and
he said that such a move was not now
lin contem platIon and that he did moi
think that bail would be asked for.
The intention Of the State was tt
have the case begin on next Monday
but the move for q continuance wa.
not unexpected, and as anxious a. tht
State was for the case to 90 to trial and
offer no impediment to q prompt hear
ing, II was not surprised at the motioi
for delay.
Mr.. Tillman WAS taken to the Rich
land County Jail after his conference
with his counsel. A. Il.