The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-04-15
Absence Of two Witnesses the
Cause Of the Delay.
STATE REsIsTs The APPLICATION
For a Continuance on The Ground
That the Rule of Court Govern
ing Continuance has not Been
Complied With.

Columbia, April S.-The case against
James H. Tillman has been continued
until the July term of the Court.
The motion for the continuance was
made by the defence.
The State wished the case to be
promptly tried and insisted that the
defence had not made sufficient show
ing to gain continuance.
The defence based its application
for a continuance of the case, first,
on the affidavit of physicians that
Capt. J. A. White was too i'll to at
tend the Court; that he was suffering
from diabetes of a serious type and
partial paralysis; and, second, Miss
Mary Julia Roper was in New York
and could not be gotten here for the
trial.
Capt. White in his affidavit used in,
the application for bail swore that
r. 81. Holzenback told him Of a con-
versation with Mr.. Gonzales, in which
he said Mr.. Gonzales had told him
(Holzenback) that he had made Lieu
tenant Governor Tillman show the
white feather on several occasions and
when he met him he would make him
show it again.
Miss Mary Julia Roper is trained
nurse and she swore in an affidavit
used in the application for bail, which
was declined, that while attending
Mr.. Gonzales uncle she heard Mr..
Gonzales say that he chad made
Lieutenant Governor Tillman show
the white feather and that ne would
do all in his power against him, and
was exceedingly bitter in his denun-
citation of Mr.. Tillman.'
The defence urged that it had tried
to get these witnesses, but without
success.
The State urged that the. defence
had not made proper, full or salts
factory showing in it's application for
a continuance, and that if such show
ing were made of what it was proposed
to prove by the absent witnesses 1t
might be admitted to facilitate the
hearing.
Judgs Klugh decided that sufficient
showing had been made by the defence
for continuance Of the case and SO
directed.
The next term of Court in this coun-
ty meets here on the fourth Monday
In June and the case can not be tried
now until next July.
Senator Tillman accompanied D.. q.
Tillman to Court and sat by him dur
ing the hearing of the motion for
continuance.
To all appearances the nearly three
months in the county jail has had no
physical effect on the prisoner, who,
but for little sallowness, looks as
usual. There was no unusual gather
ing in the Court room when the motion
| was made.
The continuance was not unexpected.
The State was anxious to have no
delay in the hearing of the case.
Counsel for the defence announce
that the continuance OF the case does
not mean an application for bail, and
that no such move is now in contem-
| plation.
There was spirited legal contest
over the motion for a continuance,
participated in by Col. Geo. W. Croft
and Col. P. e. Nelson, counsel for
the defence, and Solicitor Thurmond
and Col. Andrew Crawford, counsel
for the prosecution. Gen. Bellinger,
| of counsel for the State, was acting as
Judge at special term of Court at
Newberry.
The solicitor suggested that an
arraignment of the prisoner be had.
but the defence objected and intimated
that some further motion may be made
later.
The custom in this State is to ask
for and get continuances. The con-
tinuance of the case is entirely with
in the Judgment and discretion of the
Court. News and Courier.