The Batesburg advocate. [volume] (Batesburg, S.C.) 1901-1911, 1903-10-21
THE JURY CHARGED
BY Judge Gary As to the Different
Kinds of Homici q.
WHAT THE JUDGE CHARGED
The End of Long and Tiresome
Case. The Jury Out Twen-
~ Hours and Then
Agrees.

Agrees.
The closing arguments in the case
Off. ii. Tilman were made Wednesday
at LIZ p. m. Judge Gary gave the case
TO the jury.
The arguments consumed two and
a half days. Senator Tillman, uncle
OF the defendant, was present WedneS-
day. Col. Croft resumed his argument
to the jury with the convening OF
court and made the closing ad
dress for the defendant and final ap-
peal for his acquittal. In summing
up the defendants case he dwelt upon
the teitimony OF witnesses for the de-
fence relative to the position OF Nr.
Gonzales hands as he approached Mr.
Iillman. He also pressed the point
that the defendant was to be judged
in the light OF circumstance as they
appeared to the defendant. Colone
Croft ais" addressed himself to law
points involved
he was followed by General G.. ID.
Bellinger, who closed for the state
and made the final Argument OF the
trial. General Bellinger made a gen
eral summing up OF the states case,
laying stress upon the testimony ad-
duced 10y the state relative to the
shooting. Analyzing and comparing
with the testimony OF witnesses for
the defence, calling special attention
to the witnesses whose veracity had
been attacked by the state. At the
close Of MIR. BellingerS speech Judge
Gary delivered the following charge
To the jury:
JUDGE GARY's CHARGE
Mr.. Foreman and Gentlemen OF
the Jury: l congratulate you upon
the approach Of the end OF this trial,
which has consumed so much OF your
time. 1T has required OF you patti
ence, endurance and self-sacritice |
am glad To say that you have met the
eXactiOnS in a manner to be highly
commended, and when you return to
your respective homes you may enjoy
the satisfaction which comes from a
sense of duty well performed.
Gentlemen, the trial has reached
that stage when it is my duty to
charge you what | conceive to be the
law of homicide. This | shall do as
plainly and briefly as | possibly can,
and if, in what | shall have to say to
you, you should conceive the idea that
| intend to express or intimate to you
any opinion upon the facts, beg that
you will dismiss such idea from your
minds.
The Constitution Of the State for
bids me TO express or to intimate to
you any opinion upon the facts and l
do not intend to do so. The facts are
exclusively for your determination.
You find the facts and apply them to
the law which | give you and find
your verdict accordingly.
The defendant, James III. Till
man, stands charged by the State OF
Souih Carolina with the murder OF n.
G.. Gonzales.
THEE KINDS OF HOMICIDE.
Homicide, gentlemen, is general
term, which means the killing Of
man, regardless OF manner in which
the killieg is done. There are three
kinds of hOmicide-juStitiable homi-
eide, eXcuSahle homicide and fcloniouS
homicide. The law only Furnishes for
felOniouS homicide. JuStitiable homi-
eide is where one takes the life OF an
other in the performance OF duty;
for instance, if the sheriff hangs a
man in pursuance OF the mandate OF
Il competent Court, it is justitiable
hOmicide: he is carrying out the or
Ger OF the Court, and the law says il
Is no wrong. But, gentlemen, as
there is no intimation from any source
that the alleged killing was a justiti-
able homicide, you may dismiss that
kind of homicide from your consider
alton.
Now, the next is eXcusable holni-
eide. EXcuSable homicide is where
man Kills another under such circum-
stances as the law, in its regard for
the weakness OF human nature, con-
dOneS, and it excuses the act. For
instance. For instance, il man is
in the discharge OF lawful duty,
lawful act, and without fault or
negligence, accidentally kills another,
the law excuses him and he has done
no wrong and should suffer no punish
ment. Then, again, gentlemen, III
man kills another in Selfdefence, the
law IN its regard for the laws OF ma
1ure, says that he has done no wrong
and should not be punished. Now.
| will charge you further On in what /
shall say to you, as to what is neceS-
sary to make out the plea Of self-de-
fence.
Now, | have instructed you as to
what juStiiiable homicide is, but that
does not come i'm this case. 1 have
instructed you as to what excusable
homicide is.
WHAT FELONIOUS HOMICIDE MEANS.
The other homicide, and the only
one for which a man is punished, Is
felonious homicide, which is either
murder or manSlaughter. Murder is
defined by statute to be the killing Of
human being with malice afOre-
thought, either expressed or implied.
BY an analysis Of that definition, gen
tlemem. you will see i'm order to CON
Stittte murder there must be the kill
ing Of one human being by another,
that killing must be done with malice
aforethOught, malice premeditated .
Malice may either be expressed or i'm