Yorkville enquirer. [volume] (Yorkville, S.C.) 1855-2006, 1903-02-21
NO BAIL FOR TILLMAN.
Judge Pope Could Not See His Way
to Grant 1t.

Inc nearing OIL the udUedS CoiPoS
proceedings in the case Of j. H. Till
man was completed before Chief JUS
tice Pope in Columbia last Thursday
afternoon, and as soon as the lawyers
were through the court announced that
bail was refused.
The hearing was altogether by affi-
davit There was large number of
affidavits from the state In reply to
those recently submitted by Tillman,
and as was natural, the afidavits were
Of a very contradictory nature-that is
the afidavits Of the prosecution con-
tradicted those of the defense.
One Of ne most important Of the af-
fdavits submitted by the prosecution
was that of Mr.. Robert Latham, stem
ographer and secretary to Mr.. Con-
zales. It sets forth the last statement
Of Mr.. Gonzales in full. This affidavit
is as follows:
Personally comes Robert Latham,
who says on oath: That he was stenog-
rapher and secretary to the late N. G.
Gonzales and occupied such position,
at the time Of the shooting Of said N.
G. Gonzales; that on the afternoon Of
the shooting, and just after the said
N. G. Gonzales had been brought into
the State newspaper Office, on Main
point Of said shooting, N. G. Gonzales
told deponent that he, the said N. G.
Gonzales, knew the result Of such a
shot as he had received, and more than
once while in said office, suffering from
said wound, intimated in plain Ian
guage that he knew his wound was
| mortal; that thereafter, and in couple
Of hours thereafter when said N. G.
Gonzales had been conveyed to the Co
upon, he repeated said intimation Of
| the result of his wound to deponent;
that while in this mind he said the fol-
lowing words or of like import to depo-
nent, to wit: II started out Of the State
office walking as usual on the right
hand side Of the pavement, going to-
| wards the state house, and as I got
close to the corner, the intersection OF
Main and Gervais streets, where I had
| to turn to the left into Gervais street
on my way home, observed Tillman.
Two men were with him, Senator Tai
| bird, Of Beaufort and another man,
whose face I did not observe. Talbird
was next to Tillman, and this other
man was on the inside. Tillman was
on the outside. Knowing that If kept
straight on I would collide with him,
because the three men were walking
abreast and Tillman was on the out
side, I also being on the outside, I cut
diagonally to the left, intending to turn
down Gervais street, as I could have
done without touching the man Of the
three who was on the inside AS I got
Q had just merely glanced at his face)
on the turn, not more than two or three
feet from the exact corner, Tillman
suddenly pulled his pistol, or perhaps
he had it in his hand, possibly up his
sleeve Il did not notice., presented 1t
and fired, making some exclamation
which have forgotten. The shock al
most threw me off my feet. I swerved
around and felt weak. I threw my
back up against the corner on the Main
street side, so as to support myself,
and faced him. He had his pistol
pointed at me, and I said to him, Fire,
you coward you have already killed
me, you know it. Shoot again. Till
man said something about I took your
| advice then looked at my face, drop
ped his hand holding the pistol and
sauntered out into the middle Of the
street" Replying to some question,
Mr.. Gonzales continued, IT had no idea
whatever of meeting him. I had seen
him two days before in the lobby of the
house. He saw me and was talking
to some one, while I was walking
around. He did not say anything I
| did not say anything. The thing was
| finished as far as was concerned" ."
Mr.. Gonzales was then asked whether
Tillman said anything when he fired
on him. He replied that he did say
something. Being further questioned,
whether he had sent Tillman any mes
/ Mr. G0nZQlQQ QnQUQrQd "NeVer
sent him a word Of message by any
one" Then the question was asked,
Ibid you hear him say you had sent
| him q message by any one?" Mr.. Con-
zales answered, tNo, he said something
like I have taken you at your word or
something like that. sent him no
message, so help me God" Mr.. Con
zales further said, Tillman used the ex-
preston I have taken you at your
after he fired. On the first day of the
lpresent session Of the general assem-
bly,, or the day thereafter, was in the
lobby Of the state house on the side
next the hall Of the house Of respesen-
| tatives. While there I saw Mr.. N. q.
Gonzales standing just at the door of
the committee room to the left as you
enter the hall Of the house Of represen-
tatives. He was talking with a gentle
/ lIldH. w uuc uS olOON tiSiS = ocb"
James H. Tillman standing In the lob
by within q few feet Of the said N. G..
Gonzales. He, the said Tillman, was
speaking with some one when l saw
| him, and he passed into the committee
room opposite that one near the door
Of which Mr.. Gonzales was standing.
Said James H. Tillman was obliged to
have seen N. G. Gonzales, as there was
nothing interposing between them.
/ r. ID6ffN0
Pope said: There are always two
sides to a homicide" he said, land
even with the many that have taken
place in this state in late years, there
Is in most Of them some provocation-
| that is, there is a defendants side to
| It. It seems from the testimony that
the defendant has been the object Of
newspaper attacks for eleven years
perhaps without a parallel in this state.
The liberty Of the press does not per-
NIT the license of the press. DR..
Franklin said the liberty Of the press
would often be followed by the liberty
Of the cudgel. In this case no cudgel,
though, was used, but a deadly weap-
on. One could hardly believe that a
man could bear the long continued or
deal Of the abuse that the defendant
underwent without having malice in
| his heart. The rule was long ago
adopted in this court not to give the
reasoning leading to our conclusions
in bail applications. The law Is that
the taking of human life with malice
premeditated constitutes murder. Pain
| full as it is, under my oath Of office, 80
recently fresh on my lips, I must do
my duty and decline the application"
The order of refusing bail allows the
prisoner to make application before an
other judge If he sees proper to do so.
| WATTERsoN ON THE MONROE Doc
TR1NE.-Col. Henry Watterson, speak
ing recently at dinner given him by
| the BinghamtOn, N, Y, Press club