The Birmingham age-herald., 1903-10-08
Witness Says Editor Declared He Would Shoot TiIImaR If
 He Batted His Eyes
OTHERS TESTIFY THEY HAD
 HEARD HIM MAKE THREATS
Representative of State Is Said to Have Told a Man That Tillman
 Had Better Have Weapon
 If He Attacked Gonzales.

Lexington, S. C., October 7.-The defense in the case of J. H. Tillman entered upon the presentation of it's side of the case, Solicitor Thurmond having announced when the trial was resumed today that the state would rest. No further testi- mony was offered by the state. Nine wit nesses for the defense were heard today. It Is estimated that the defense will con- sume the remainder of the week with its witnesses. Juror Sharp, who has been sick for the past three days, was able to sit through today, although court was ad- journed an hour earlier on his account.
 Counsel for the defendant first renewed the motion made early in the trial that the court instruct the jury to disreg I'd all testimony given by witnesses for the state showing a weapon in the possession of the defendant prior to the shooting. The court ruled the testimony to be eom- petent.
 More Editorials Read.
 Editorials from the Columbia State re- ferring to the defendant were read by the counsel for the defense and offered in eV' dence The court in ruling upon point in controversy stated to the jury that the purpose for which the editorials were be- ing read to the jury was to show the feei- ing that existed between the defendant and N G. Gonzales.
 The first witness called by the defense was T. D. Mitchell, who lived in Columbia in 1902. He testified that he had a con versation with N. q. Gonzales relative to J. H. Tillman, reciting that he stated Gonzales said concerning the defendant The witness said among other things:
 He said I can slap his face and he ; would not resent 1t. and he said If he ever bats his eyes at me I'll fill him so full of lead that he will never be able to tote it off,
 The witness said that he subsequently, told MT. Tillman what he stated what MT. Gonzales said to him. On cross-exam- nation he said he forced the conversation on MT. Gonzales.
 A. K. Flowers, who formerly was street car conductor in Columbia, testified that during the summer of 1902 MT. Con gales and three other men were riding on his car. He said that while he was collecting fares they were discussing pol ltics and that he heard Mr. Gonzales say if Mr. Tillman was elected he would never be seated. Witness added that he heard MT. Gonzales say The would kill the rascal" On cross-examination witness said lie had not told of this until two months ago and said that he first wrote 1t to the de- fendant.
 Ought to Be Lead.
 P II. Hughes of Warenton stated that he had and some other men, naming them. met MT. Gonzales in Main street in Columbia during the campaign Of l9O2 Witness said he asked MT Gonzales at that time if he did not think he was doing MT. Tillman a great injustice, ana that MT. Gonzales replied he woudl do greater injustice after election and it ought to be lead" August Blalock verified testimony given by P w. Hughes of Warrenton. N B. Cheshire, a printer of an Ander- son. S. C., newspaper, was asked to stale what he told MT. Tillman at campaign meeting in Anderson in 1900. Objection was raised by counsel for the state on the ground that the statement was not made by Mir Gonzales and consequently hearsay. The jury was sent out when the witness said:
 q told him representative of The State (newspaper) told me that Gonzales carried a gun for him. and that he mad better not jump on him with d Stl K, for, if he did he would shoot h-l out of him."
 After a lengthy argument by counsel extending beyond the dinner recess, the court ruled that the testimony was com petent when the witness made the s.ate- ment before the jury.
 The representative of The State refer red to, he said. was Mir. Geer subscrip- tion solicitor for the paper and said the wit a train between Newberry and Ander- son. The witness in Colonel Till mans regiment, and on cross-examina- tion said he paid particular attention to the statement as he wanted to tell MT Tiliman what said. He said when he told the defendant he looked as if he hurt him, and that he made no reply.
 Wanted to Hear It.
 The witness detailed the conversation which led up to what he stated, as was said by Mir Geer, and which he said be- gan with an inquiry as to whether the .'soldier boys" were going to support Mr. Tillman.
 Henry S. Head of Augusta, Ga, said he was in Columbia one year ago this month and that he was around with Mr. Tillman, and said that after parting with him and while in company with H. B. Sinms a man who he did not know but whom he was subsequently, told was N. G. Gonzales, met them, and that MT. Gonzales asked him if he was the man who was out riding with Mir. Tillman. q told him I was" he said. He ask ing where at, I told him left him at the transfer station" H. B. Simms of Graniteville gave simi- lar testimony.
 R. S. Anderson of Edgefeld, an em- ploye of the United States senate, after stating that he was in Edgefed during the summer of 1902, denied that he had held any conversation with MT. Tillman In a livery stable in Edgefield in which | the expression "get at him" was used, or that he had engaged In any conver- sation with MT. Tillman regarding MT. Gonzales as testified to in this trial. James Davis, the last witness called, i had but begun on his testimony when | r,.doa Cary ordered an adiornment that |