The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-10-13
ARGUMENTS BEGUN
FIVE LAWYERS IN TILLMAN CASE
ADDRESSED JURY.
COURT HOUSE CROWDED.
TILLMAN'S WIFE AND HIS MOTHER
ATTENTIVE LISTENERS.

mOnd the First Speakcr-Denned
SeIf-Defense and Spoke of the
Liberty of the Press-CIaimed Con-
zales Was Unnrmed and Sought to
Avoid NEUTRALITY-SUSPICIOUS. Wants to
Know why Denthbed Statement
Was Not Put in Evidence.
Lexington, S. c., Oct. 12.-Arguments
to the jury in the trial of J. H. Till
man were begun with the converting
of court to-day, three attorneys for
the state and two for the defense adj
dressing the jury during the seven
hours court was in session. -Four at
torneys, two on a side, are to be heard
tomorrow.
A larger crowd of spectators was
in attendance to-day than there has
been at any one time for several days
past, and there was a greater num-
Der of ladies in attendance. Mrs. j.
H. Tillman and the mother of the de-
PENDANT were present, as they have
been almost continuously from the be-
ginning of the trial, ana were attentive
listeners to the addresses of counsel to
the jury.
Mr.. Smith, speaker of the House
of Representatives in the state Legis-
lature, was among the spectators to-
day.
Solicitor Thurmond opened the argu-
ment for the state, both sides having
submitted to the court their requests
for instructions to The jury, preIlmi-
nary to which Thurmond addressed the
court in the presence of the Jury on
the doctrine of self-defense and on the
law defining murder, together with the
states Interpretation of the law re-
lating to threats and provocation.
Liberty of the Press.
Addressing himself then to the case
and referring to the editorials in The
State, he said they were before the
jury to show feelings. He referred to
tn liberty of the press.
The solicitor devoted himself largely
to a review and summing up of the
evidence adduced by the prosecution
concerning threats, next taking up and
comparing the testimony Of witnesses
on the two sides relative to the shoot
ing with view to show that Mr.. Con
zales was unarmed and sought to avoid
difficulty when he met the defendant
on the day of the shooting.
The solicitor was followed by Mr.
Rembert, of counsel for the defense,
who said, among other things, that the
defense did not concede that N. G.
Gonzales was unarmed at the time he
was shot. Stress was laid by counsel
upon the charges made by Mr.. Gonzales
against the defendant to show, as he
stated the influence they had on the
defendants mind when he met Mr..
Gonzales Jan. Is.
Attorney William Elliott Jr., follow
ed, contended that Mr.. Gonzales was
within his right in discussing a man in
public life and asserted that Mr.. Till
man had recourse to the libel law for
redress. He said also that a number
of the utterances contained in the edi-
torials which have been read were ex-
tracts from other newspapers, and add
6u lldI MI 1OIlLdlcS Ildu IfOI itlGIil jill
ed the home life of the defendant. Mr..
Elliott said the dying declaration taken
down in shorthand had not been intro
duced because the stenegrapher taking
it was Editor Gonzales private stenog-
rapher.
Mr.. Elliott made use of the statement
made by the defendant that he had the
drop" on Gonzales.
No Right to DenOunce.
Col. George tombstone began his ad-
dress to the jury in behalf of the de-
PENDANT when court convened at 3
o'clock and spoke for two and a half
hours. He contended that the liberty
of the press did not give the right
of denunciation. He followed the de-
PENDANT and the late editor down from
1890. discussing the incidents involved
since that date, defending Mr.. Till
man,
He reviewed the testimony leading
up to the shooting. dwelling upon the
testimony of witnesses for the defense
as to threats. He insisted that the
two statements testified to as the dy-
ing declarations of Editor Gonzales were
at variance and that the variance was
due to the morphine administered to
him after he was shot.
He also asked why the dying declara-
ton which was taken down in short
hand had not been offered in. evil
dence, dwelling upon it's absence from
the records. Mr.. tombstone had the
sheriff stand before the jury with Mr..
Gonzales overcoat on and pointing to
the bullet hole claimed it supported |
the defendant version of the shooting.
Mr.. Asbill, also counsel for the |
state, was the last to address the jury
but had but fairly begun when the hour
of adjournment arrived. He says it |
was FIVE months since the last edi- |
torial was written concerning Mr.. Till
man that the shooting occurred and |
commended that the editorials must be
eliminated from consideration.
Appeal for Knapp.