The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-01
SENSATION IN THE TILLMAN
TRIAL.

davits are introduced at all, it happens
that one or more witnesses, if the trial is
delayed, change their first testimony, some
times it may be that memory is defective,
sometimes the Modifying influence of time
causes them f. wish to modify their orig
inal statements, and sometimes they are
pursuaded to take another think in the
interest of the prisoner.
In the TilIman trial. now going on in
South Carolina, a sensation was sprung
by the presentation by the prosecution of
an affidavit by H. d. Black. 1t was very
damaging evidence. The defense agreed to
admit Blacks affidavit, in possession of
the prosecution, provided the prosecution
would admit an affidavit made later
for the defense. Here are the affidavits,
one for the prosecution made on the 10Th
of February and one made for the defense
on just two days later:
State of South Carolina, County of
Richmond-Personally appeared o. D.
Black, who, being sworn, says: | am a
fiagman between Columbia, S. c., and
Jacksonville, Fla. was formerly on run
between Columbia and Augusta. At the
time Hon. James H. ,.Tillman was coming
to Columbia to count the ballots, about
three weeks before the shooting of n. G..
Gonzales, | was flagman between Columbia
and Augusta and heard the said James H.
-Tillman say in the smoking car that he
was going to whip or kill said N. G. Con
tales. Along in November 1 was at the
Albion Hotel in Augusta with said j. H.
TilIman and then / saw a blue steel mag
azine pistol which said J. H. Tillman in
timated to me that was the pistol he in
tended to kill N. G.. Gonzales with. 1
said. Don't kill him; whip him. Tillman
replied. "By God, am going to kill him.. -
Said Tillman pulled the pistol referred to
out of his hip pocket.
(Signed o. d. BLACK.
Sworn to before me this 10th day of
February, 1908.
WILLIAM ELLIOTT, JR.
N. P. s. q
BLACKS SECOND AFFIDAVIT.
The following is the one sprung by the
defense 1t did not come into open court:
State of South Carolina, County of
Enthusiastically before me appeared
O. d. Black, who, being duly sworn, says
that the statement he made, or that ap-
peared over his signature, was written by
a Mr. Elliott, who said he would force
him to so testify unless he signed the
statement: that he hurriedly read the
statement and did not know how it sound
ed until he read the same in the news
papers; that this is n true statement of
the conversation he had with j. II. Till
man.
TilIman showed him the pistol he had
Just bought as a curiosity. In the course
of the conversation Tillman mentioned the
fact of the personal difficulty between him
and n. G. Gonzales. Some time has
passed and l can't remember just what
Tillman said He may have said that it
Gonzales forced him to do it he would be
obliged to kill him. The impression made
on me was that Tillman did not wish to
provoke the difficulty, but would only act
If forced to do so. l can't say positively
Just the words he used, as some time has
passed He die say, however, that he felt
like whipping Gonzales for attacking him
so unjustly iii the newspapers. | don't
think however,, he made a direct threat
and / did not know 1 was making such
a statement until saw same in the news
papers. The paper, as 1 said, was writ
ten by a Mr. Elliott and I did not know
how it would sound and it was not a true
statement of the conversation I had with
Tillman.
(Signed) o. ). BLACh.
sworn to before me this, 21st day of
February, 1905.
GEORGE r. REMBERT,
N p r. C.
what i n Jury TO do in a case like this?