The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-07-03

the Court saying that It was we'll set
LlCQ tlDt The illrHrS- inllSt ln rot iira,1,Il

the Court saying that it was we'll set
tied that the jurors must be returned
by impartial and disinterestetl Officers
land That one OF the officers whose.
duty 1T was to rc;nrn the panel was /,
relative OF the deceased, and Impartial
and us some time would clapse before
his term Of Office would expire and the
kdefcndant being entitled TO IL speedy
trial, Il change Of venue was ordered.
Attention was called TO the fact
there were no cases reported in South
Carolina Courts III reference to news
paper publications. In New York
several cases were cited where changes
OF venue were given on account ol
newspal cr prejudice.
The ailidayits Of Mr.. a. l.. and Mr.
W. p. Gonzales do not deny that on
the day after the notice for change of
venue that there was published an
editorial entitled "Only Criminals
Fear Il Fair Trial" This was done
only to Affect tile minds of tic people
The prosecution says that the minis
tcrS did not refer 10 tile case from their
pnlpits. Mr.. Nelson then read sew
cral extracts from the prayers that
were offered OH The Sunday after tile
shooting. Every single aidavit pre-
Sentcil hy he defence shows that Col.
'Tillman cannot get Il fair trial and
| They also state the reason why lie can
not get IL fair trial.
Washington A. CLARK has called
| Gonzales IL martyr and Tillnan an as
SaSSin. The same is True or John j.
McM;llan. The ncwsWap pcrs have pre-
judicci the mRds or these people by
publishing numerous facts in regard to
this case. The defence ll;lS not only
made reference to these articles. but
has presented these clippings 10 the
| Courts.
Mr.. Justice Mccall of New York, in
the case OF People VS. Bullctt, grant cd
Il change Of venue on the ground that
the newspapers had prcjildiccd the
minds OF the people SO much against
the prisoner.
These cases are cited TO show how
similar cases have been treated in
other States. Col. Nelson then read
several similar cases to the Court,
showing that changes Of venue have
been granted on the ground that news
papers are sufficient TO prejudice the
minds OF pc 2plc so much us TO prevent
Il fair trial.
In closing Col. Nelson said that it
had given him no pleasure to make
The criticism Of those with whom
he had formerly been friends lie was
always willing tOgivc the deceased edi-
tor the credit Of believing that he was
right and did not now want to change
his course.
mir. BELLINGER' ARGUMENT
The next argument was that Of Ex-
Attorney General G. Duncan BclliIl-
ger a Thorough review of the ease
was made by this distinguished attor-
iytIt 1Nt,r1 In, f,,t
mcnt presented "Wednesday by Col.
George .Iufllstonc for the defence. lie
said:
Has there been any fact presented
by Which you can form an opinion that
the defendant cannot get Il fair tril
in this county?
walls in IL jury tri that Tic State
must prove its casc beyond Il reason
able doubt, does not prevail at all in
This judicial Investigation. The ques-
tion is: Can james II. Tillman re-
ccivc Il fair trial in Richland County?
III Is a well7knownprinciplc OF law
that Il defendant must be tried ut the
place in which the crime was com
mitted In oden times its.Was fthe
custom fOl Tic Witnesses OF a crime to
decide on The case. The idea Of change
OF venue is a comparatively new thing
in law. Col. tombstone said in his
argument that lwo-thirtls OF the ;itli-
dayits made BY the defence were those
County. This argument is illogical
and a Circuit Judge knows one man
like another and supposcs them all To
be fair-mindcd.
When the defence SAYS that Mr.. w,
a. Clark, j. j. McAlahan and VIII.
Lylcs atlrm that the defendant is Il
| murderer this does not debar thcmfrom
| saying he can receive Il fair trial here.
| 'Thcy 90 not allcSe that these gentle
| men would lie: that their prejudice
has carried them SO far that they can
not tell the truth. The prosecul ion
does not make the allegation that the
| three hundred and fifty men who
| made aflidavils for The defence would
give jim I'lllman anything but ii fair
trial. The four hundred and fifty af-
tiants for the defence, VINO sworc that
Tillman could get fair trial, certain
~ would give him Justice
The Gonzales brothers and James a
.lloyt, who were so much attached to
the dead editor, would not sit on the
jury.
Gen. Bellinger made reference To
oiiS StoS VI uiiC DlttlC ttSdIllSU W
AT that time both sides could object
to twenty men and the State could
stand aside the entire vcnirc. Since
then every change in the criminal
trials has been made in favor OF the
defendant.
Gen. l'cllinger said that in his long
experience he had never seen certified
extracts Of Circuit Judges opinions
referred to. They ShoIllI have M
weight whatever in this case. Tie
allidavit made by Mr.. John l..
Thomas, in the case Of Crawford. WHO
killed Mrs. Isabella Stuart, for change
OF venue, was read out in full by Gen.
belllngcr. lie brought out the fact.
not read by Mr.. Nelson, that at the
time OF the killing there was il great
liproar in Colnmbia: people had as
SemDlcd on the strcctto lynch Craw-
lord and it was only by being protect
cd Dy two military companies that his
life was spared. lie cOntrstcd tlis to
the state that existed when Mr.. Con
ZalcS was killed.
IN answering the reference brought
out by Mr.. Nelson concerning the
conversation which occurred with
Mr.. w. II. Gibbcs, he said
that the cases decided by the Court
were not for change Of venue, but
we're those in which motions have hecn
made TO quash the Indictment and
challenge the array OF Jurors on ac-
count of the illegal drawing of Jurors.
In the case OF Sullivan, where the
sheriff was just elected it would have
been four years before the defendant
could have g0ticna trial, and in that
case Judge Mclvcr granted Il change