The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-09-18
THE TILLMAN TRIAL AT LEXINGTON.
'ohlehtlon that Judge Townsend is not
Eligible to Preslde-Good Deal of
q Legal Tangle.

Owing to the sickness of Judg
aage' who according to regular ep
\Polntment was to be the presiding
Judge at the fall term of the Licking
ton court, Chief Justice Pope som,
time since issued an order appoint
Ning Judge d. A. Townsend to holt
the tern of court for Lexington
county which convenes on Monday
ASeptember 21st. On account of the
fact that the case of the State va
James H. Tillman, charged with
numbering N. g. Gonzales, will be
: tried at this torn of court, unless
postponed, the appointment of Judge
Townsend created great deal of in
terest throughout the State.
), Judge Townsend's regular appoint.
ment for the year would have carried
him TO Wlnnsboro on September 21st,
to hold the regular term of court
for Fairfield county, which convenes
on the same day as the court for
Lexington. Counsel for the State in
Tillman's case thought that he status
was questionable. They, therefore,
brought motion before Chief Jus
tice Pope, in Spartanburg, on Mon.
day, submitted by Solicitor Thur
mond, objecting Oh technical ground,
and for no personal reasons, he said,
to the appointment of Judge Town
send as Judge for the Lexington
court. Mr.. Thurmond stated that
@the court at Winnsboro convenes on
Sept. 2lst, the same 'ato as the
court at Lexington, and it appears
that Judge Townsend is assigned to
hold the Winnsboro conrt. In addi-
tlon at the Lexington court there
will be some ak or seven homicide
cases to be disposed Of, he said. In
the opinion Of Solicitor Thurmond,
it would require about two weeks to
try the Tillman case and this
lengthy period of sessions, with Judge
Townsend presiding, when it was an
lrregularity of the schedule of courts
and Judges, would possibly render
questionable any verdict reached IN
the case. There was no personal
objection to Judge Townsend, but a
mere technical point rs to whether
he should sit at the Lexington court,
when the regular appointment of his
circuit would place him at Winnsboro
at the time. The Cherokee court,
Mr.. Thurmond stated, would also be
affected by this irregularity; it con-
venes on Oct 5th.
The chief justice stated that he had
received telegraphic and other Motif.
cation to the effect that the Winns.
boro court requested a postpone,
meht, and that special term be
given; he said that the entire bar had
joined in this petition. This re-
moved the possibility of the Licking
ton court and Winnsboro ccurt com.
ing at the same time. Solicitor Thur
mond said that the Cherokee county
court would be affected, convening
on Oct. 9th, while the Lexington
court must dispose Of five or six hom
,ieide cases, not including the Till
man trial. This obj ctlon Chief
Justice Pope insisted, might be over.
como. The chief justice said that
the attorneys for the defense had
stated that they wished to make no
expression of opinion in the matter,
when notified that it would come up
today for hearing; and he added that
their story was different one last
week, when they had requested to be
present at any herring in order that
both sides be represented. At the
conclusion Of Mr.. Thurmond's re-.
marks, the chief justice stated that
he would act later in the matter,
stter fully Investigating the state Of
affairs There was no intimation as
to when he would announce his de-
cision.
THOUGHT TT MIGHT BE BENET
q In the meantime Chief Justice |
Pope had wired from Spartanburg
to Governor Hayward asking that