The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-07-01
THE TILLMAN CASE.
Judge Townsend Grants Change Of
Venue from Columbia.
BUCHANAN ABUSES THE PRESS.
a Warm Debate Over the Selection
Of the Place OF Trial. Lex
inston County Finally
Chosen.

James II. Tiilman will be tried for
the murder of n. G. Gonzales at the
county seat OF Lexington, beginning
the third Monday in September, un-
less the defense obtains another con-
sinuance. The order for the change
of venue was made by Judge Town
send in the criminal court on Wednes-
DAY afternoon after the argument was
concluded and the place announce3
Wednesday morning shortly after the
court convened. In making the an
nouncement the court said that he
had given the matter much thought
and had finally determined that Lex
incton was the proper place to hold
the trial. The sheriff was ordered 10
have the prisoner there by the second
week in September. Only the athdaHlts
used in the change OF venue proceed
ings were permitted to be filed, al
though the prosecution desired to have
those fled also that were used IN the
proceedings to obtain bail before Judge
Pope. We present below the arSu-
ments OF the attorneys 10 the case
after the atfidavitS all had been read:
JUDGE CRAWFoED's ARGUMENT.
In the discussion of such a case as
this the legal propositions should hrst
be given. This motion for a change OF
venue should not be granted unless the
showing is made very strong. Anothef
proposition is that the parties VINO
come asking for the change must nave
the preponderance OF the evidence; II
there be an equal balance then lheE
lose their case. The rule IS that the
defence shall establish their point by
the preponderance OF the evidence.
The question is, is the prisoner emu.
tied to a change Of venue on account OF
the local prejudice? And the defend
ant presents in stereotyped forms ali,
davits saving that a fair trial cou!d
not be had. The defence has presented
to YOU a mass of atfidaTitS. but there
are some among them VINO are people
of this county. The Others belong TO
the migratory class: that IS. the mill
population. They are not people who
cannot speak for Richland County.
Upon this line is the one point for the
defendant. Such atfidavitS declaring
nothing but the belief OF the attlants
have no weight in the determination
of the change OF venue. The mOtlon
must be accompanied by atlidavlts
based on facts, not beliefs; knowledge,
not opinions.
Judge Crawford cited a number OF
cases throughout the United States
showing that it is insufficient TO obtain
change on such opinions and beliefs.
If such were the case a change coulo
be procured from one county toahother,
and in this manner the case could De
carried on indefinitely. The law must
be resolved on principle and not mere
" on the opinions OF everyone. Our
Supreme Court has repeatedly decided
that when a juror has been put on ms
voir dire and declares that his mind is
unbiased that juror is perfectly compe-
tent to sit on the case.
1t was on account OF these DeilefS
and opinion atfdavitS that the Courts
of South Carolina in the case OF the
State VS. Williams, declared, in 1873,
that a change of venue can be granted
only v hen accom- panied ov attidavlts
in Which facts are given. Is the jury
of RichlanG County to be impeached
before they are put on their volr dire:
Because few OF The friends Of the VIC,
tim subscribe to a monument tuna
should it then be said that a fair trial
could not be gotten in Richland Coun-
ty? According to the case reported IN
Sth New Mexico the mere statements
of the attorneys of the defendant
should have no weight with the Court.
That the venue will not be changed
merely on the belief Of the prisoner ana
his friends that he can not get 1alr
trial is specifically stated by BISHOP.
We have shown to the Court by atfida-
Wits that over one-half Of the jurors
drawn In this Court are from the
country districts Of the county: there
fore, the articles published in the
Record could have no effect on them;
as this paper has no country clrcula-
ton. The accused has made objection
to the effect that the jury IS made up
of improper jurors. By the safeguards
of the law this is eliminated in such a
manner that a Juror who IS biased can
not sit on murder trial.
The atfidavits Of the prisoner relate
TO the time when the blood OF the vic
tira was still on the ground, but now,
after six months have elapsed. to say
Tat the people still harbor the malIg-
nancy OF engeance-never! This peo-
ple in the rush of other occurrences
have almost forgotten this trial. They
bring extracts, written by a single edl-
tor, and try to show that this lndl-
ridual has influenced the jurors OF this
county. AL Of the witnesses for the
State say that a fair and impartial trial
can be had. -Four hundred and thirty
one afEdasits have declared that If
there was any feeling against James II.
Tillman it has disappeared.
Mr.. Crawford then read the letter
from Col. Willie Jones, il which ne
SAYS that Tilin2an can get 1alr
trial. This is the only representative
citizen who has made an affidavit tol
the defence" and he says that Tlllmar
can Get a fair trial now. There has
been talk of violence to the accused
Why, Col. Tillman walks in and out o.
this Court room with as much safety
As in his mothers home. The sworl
statement of Senator j. 9. Marshal
shows that there is as much feeling in
every part of the State as is IN TINS
county. There was some 1eelins
AGAINST Col. Tillman at the time OF the
Killing, but this has subsidized now.
1t has been shown that nolwlth
standing the fact that Nr. \. &. Con
zales fought the accused in his race 70!
Governor last summer. Col. Illimar
received more votes than any otheI
candidate. The defence has presented
YOU about fifty attidavits from cItizen'
Of Lexington County, who dec!are;e
that a fair trial cannot be had IN H'cl
lnnd. These people have nothing TO az
with the case. The defence must SHOW
beyond a doubt that a fair trial can
not be had. Must it be shown ny th'
number of atIiiavits? Then we nave
them. BY the intelligence OF the am