Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-02-18
#iseellaneu,ls geading.
TILLMAN BAIL PROCEEDINGS.
Complete Text of Afadavits In Be-
half of Defendant.

The following NeWberry special OF
last Thursday to the News and Cou-
! rier contains full details Of the habeas
corpus proceedings in the case Of Jas.
H. Tillman before Chief Justice Pope:
The hearing on the application for
bail Of James H. Tillman, charged
with numbering N. G.. Gonzales, which
was held by Chief Justice Pope In the
court house here today, was continued
until Thursday next, at 10 o'clock,
when It will be concluded in the court
house in Columbia The motion to
continue the hearing was made by So
licitor Thurman, for the state, on the
ground that the states attorneys had
received no copy Of the af1davits
which defendants counsel today sub
mitted, and, therefore, had no oppor-
tunity for reply. The hearing today
was attended by probably as large q
crowd as the court house has ever held.
It was packed and jammed, and stand
ing room was at premium. Order
prevailed and the large crowd listened
with the closest attention to the
speeches Of the attorneys, and the
reading of the affldavits. Col. Tillman.
the accused, appeared in person and
during the whole Of the proceedings
sat in the court house. On his right
sat his brother-in-law, ex-Judge o. w.
Buchanan. Just behind him, at ta-
BILE, was Col. Cole L. Blease, one Of his
| attorneys. In front Of him sat Messrs.
Nelson and Croft, also his attorneys.
At times Col. Tillman listened very
| closely to the aff1davits and to the
words of counsel in their argument
upon the motion to postpone. At other
times he sat, apparently apathetic,
with his chin resting upon his hand
| and arm upon the table. OF course,
the greatest interest today centred IN
the affidavit Of Col. Tillman himself,
His affidavit is given below In SUBJ
stance, and, as will be seen, he takes
the position that he acted In what he
conceived to be self-defence; that he
fired because he thought his life was In
danger. 1t is sought to be proved by
the affidavit of, Holtzenbach, which
was submitted, that Gonzales had made
threats against Tillman, saying that
he had made him show the white
feather on several occasions before and
would do. so again. That when he met
Mr.. Gonzales on the streets, just be-
fore the tragedy, Mr.. Gonzales had
both hands in his overcoat pockets
and was glaring at him. That Mr..
Gonzales pushed his right hand deep
er down into his pocket when he saw
Tillman, and that Tillman, with the
threats made by Mr.. Gonzales in mind,
and taking into consideration Mr..
Gonzales's appearance with his hands
in his pockets, thought that Gonzales
was going to shoot.
In the very beginning Of the pro-
ceedings Solicitor Thurmond, for the
! prosecution, said that he had asked
counsel for the defence for such aff1da-
| Wits as they might use today. He had
| not received them as yet, and he
| moved that, in accordance with GUS
tom, the defence serve upon the prose-
cution a copy Of said affidavits and
that the hearing be postponed until
such time as would suit the court.
The court overruled the motion for
the present, on the ground that the
defence could not be anticipated, say
ing that the testimony at the coroners
inquest should be submitted.
Mr.. Nelson opened for the defence
with the reading of the testimony
taken at the coroner's inquest over the
body of N. G. Gonzales. This testimo-
nv is familiar to the readers OF this
paper. The following affidavits, which
are given in substance as they were
read, were then submitted:
Holtzenbach's Affidavit.
Before me personally appeared Rich
ard Holtzenbach, who, being duly
sworn, says: I came to the city OF
Columbia on the 18th day Of January,
1903, for the purpose Of trying to get
a position as doorkeeper Of the house
of representatives, but was unable to
get the appointment and returned 10
my home the 18th day Of January, and
while I was in the state house a DAY
or two before the unfortunate occur
renee, I was talking to Capt. j. A:
White, who was the keeper or one OF
the committee rooms. While ne was
there, N. G. Gonzales came IN anu anu
asked White where his "boss" was, and
Can't. White replied, II have no boss
Mr. Gonzales said he meant Lieuten-
ant Governor Tillman and said, Il sup
nose he Is neglecting his duty, as ne
always is." At the time Governor
Sheppard was presiding, N. u. Con
zales said to Capt. White Che was re-
| ferring to Lieutenant Governor TIL
mani that he made him show the "ni,s
feather on several occasions ana Wouiu
make him show 1t again. Shortiy al
tarwsrds Mr.. Gonzales went off. I
don't recollect whether he turned ana
went into the senate chamber: soon
after I saw Governor Tillman IN COM
pany with Senators Talbird ana
Brown, walking up Main street. Sen
ator Brown was ON the INSIDE. ne
| dropped back to speak to g. lady ana
| that left Lieutenant Governor Illlman
with Senator Talbird. Senator Talbird
was on the outside. Deponent notlceo
Mr.. Gonzales coming down the street,
walking in the direction Of the state
house. He had on an overcoat and
each hand in the pocket and his
thumb resting on the top of the pocKet.
AS he got near Governor Tillman ne
cut across the pavement and thrust
his whole right hand in his overcoat
pocket. I expected from what heard
him say in the state house that ne ex-
pected to shoot Governor Tillman.
About that time I heard Governor
Tillman say, "Mr. Gonzales, I receiv-
ed your message" and then immedi-
ately I heard the report of a pistol.
didn't see where Governor Tillman got
his pistol from, as was watching Mr:
Gonzales, expecting to see him snoot
Governor Tillman. Governor truman
sfter he fired. turned and walked into
Main street shortly after he shot.
Senator Talbird said, this must stop
and several persons went to Mr.. Con-