The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-02-20
COL. TlLLMAN FAILED
TO SECv.lE BAIL.
THB HEARING ON THB APPLICATION CON-
CLUDED In COLUMBIA YESTERDAY.
Among AffidavitS Was One From E. j.
Watson, City Editor the State-Judge
Pope Held Malice iii Shooting Was
Evident on the Part of Tjllman.
Especial to Herald and News. I

Especial to Herald and News
Columbia, February 10, $40 p. m.
Chief Justice Pope today refused to
grant bail to James II. Tilman. Mr..
Justice Pope held that Tillman had
provocation for the killing, but that
there was malice evident.
THE FULL. STORY.
Columbia, January 10. Chief Justice
Y. j. Pope this morning heard the
motion for bail for J. H. Tillman.
At the hearing at Newberry Holtzen-
bach, of Edgefeld, testified that he had
heard Mr.. Gonzales say that he would
make Tillman show the white feather.
This was corroborated by Mr.. j. A.
White, doorkeeper in the Senate, who
modified by saying that he did not
know where the man was but that he
heed the remarks.
Today the State produced witnesses
to show that White is Predetermined.
In reply Senator B. r. Tilman and
ex-Treasurer w. H. Zimmerman testi-
fled as to Whites veracity and proper
mental state.
Answers of affldavits were submitted
by Holtzenbach's neighbors, who swear
his lack of veracity, and the defense
submitted affidavits in reply from Dr.
Zimmerman and others.
The prosecution produced affidavits
to show that Tillman was the one who
had made threats, that Gonzales made
no demonstration, and that his hands
were in his overcoat pockets, trumbs
out, and that they had been thrust into
}, the pockets.
d DR.. Lancaster, legislator from
4 Spertanburg, saw Tillman's pistols the
day before the shooting.
In reply was an affidavit from Miss
Roper, trained nurse of Spartanbm <,
who declared that in attending Mr..
Gonzales uncle, Captain Elliott, that
! she heard Gonzales remark that Tillman
had showed the white feather and heard
him speak i'll of Tillman.
The prisoner himself presented an
! afdavit setting forth the editorial at
taci. made upon him in the State news
paper since 1890.
An affidavit was read from G.. e.
Black, railroad man, saying that Till
man had told him that he intended to
kill Gonzales and that Tillman had
showed him the pistol with which he
was going to commit the deed
Representative Gauze said he had
heard Tillman say that he told his wife
that he didn't know where he would
board in Columbia; that it might be in
the Penitentiary.
E. j. Watson, city editor of the State,
1. the paper of which N G. Gonzales was
editor, submitted an affidavit in which
he said that Tillman made request of
+ him to tell Gonzales that he (Tillman)
intended to kill him.
Tillman denied all these statements
and again asserted that Gonzales glared
at him and made move as if to pull
pistol.
At 11.30 the reading of affidavits was
concluded.
Col. P. H. Nelson led for the defense,
4 followed by Mr.. Andrew Crawford and
S Mr.. Bellinger for the prosecution. Col.
s Croft made the concluding argument
lefor the defense.
3 Chief Justice Pope at 4:10 rendered
4 a decision declining to grant Tilman
$sbail and allow him to present petition
/, to any other Judge.
THERE WAS SUPPRESSED EMOTION.
# Over one hundred people hung with
8 breathless attention on the words of
the Chief Justice as, with evidently
suppressed emotion, he announced his
decision.
! 1t was the rule of the Court, he said,
in such cases to make no explanation of
the reasons governing the decision.
During eleven years, he said, as shown
by the testimony which has been sub
mitted, the attacks upon Colonel Till
man were an ordeal for him to bear
an ordeal almost unparalleled in South
Carolina. 1t would be hard to believe
under these attacks malice had not been
mDlanted i'm that aOplicant'S breast