The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-10-14
Isstinsay Of Mitchell, Flowers,
Hughes, Cheshire, and Other Wit
Bsssss for The Defence.
SUMMARIZED BY JOHN MARSHALL.
Witnesses Make Statements Which,
if Proved, Might Justify The Jury
in Believing
That Mr. TilInaa Had Reason to Believe
That Mr. Gonzaies Had Made Threats
Against Him.

Lexington, S. O., Oct. flames
il. Tillman is now being heard in his
own defence. Through his attorneys,
his friends, his deeds, his words, his
conduct, he stands forward to say
how and why he killed N. G.. Con-
zales. The State has sought to break
down that assumption Of innocence
legally accorded to every prisoner who
comes to che bar OF justice; it is now
his part not only to reassert it, but
to make it good in fact. In his own
behalf he is to be heard in explana-
tion, in eztenuation, In justification.
It is admitted that he performed an
act that per Sc is forbidden by the
law, but which, In certain clrcun-
stances, does not merit or receive pun
ishment other than It itself provides.
he is to show, if he may, that he is
entitled to the immunity granted to
the exception; that he did what his
neighbor might have done had he been
circumstanced as he was; that he but
exercised the right every man does
and should possess to preserve himself
againts aggression, injury and serious
hurt; that, in fact, while he appa-
regtiy transgressed statute he-is en-
titled to Yindication in~the name OF
the highest, the universal, the human
law. 70 this task his attorneys ad-
dressed themselves today.
Rather contrary to general expecta-
tions Juror Sharpe responded to the
clerks, accustomed morning poll. he
looked somewhat weak and peaked In
consequence of his recent attack. but he
L. 10 &c
duties. Judge Gary spoke to him in
sympathy and encouragement, and as
sured him that should his indisposi-
I tion again become acute he must i'm
mediately inform the Court. Then the
usual routine of affairs was resumed.
Solicitor Thurmond announced that
the State rested, and the defence at
once began to introduce its testimony.
It had scarcely taken step, however,
before its progress was stayed for an
instant by an untoWard circumstance.
I suggested last week that certain
unexpressed ansagenism was apparent
in the manner of Messrs. Nelson and
Bellinger, which would, I thought,
breed interest, if not excitement, be-
fore che ease was concluded. That
prophecy was verified today. The
passage at arms between them was OF
Short duration and was finally adjusted
amicably, but, while it lasted, it pos
sessed the vigor and reality of combat.
It came about in this wise: The de-
fepce introduced certain additional ed
itorials printed in the State newspa-
Der. In. one of them the names of
James q. Tilisaan and B. r. Tillman
we're coupled in condemnation. For
various legal reasons the prosecution
denied the admissibility of the evil
4dence. The defence was equally en-
phatic and insistent. In the sharp
debate before the Court which ensued
Mr. Bellinger more than implied that
politics was being played for what it
was worth in the name Of evidence.
The suggetison was no sooner made
than it was resented Mr.. Nelson re-
quested the stenographer to read the
Language Of his learned friend, and
when this had been done he proceeded
TO declare the change, as be under
stood it, false. Ne. Bellinger dis
claimed intention to give offence in
the manner in which it had been TAX
en-. but be reiterated his original
words, adding that De Would repeaI
them outside the Court House were it
desired that he should do SO. Later
in the day Mr.. Nelson said he had
been informed by his friends, and he
bimself felt, that he had been too has
ty and too emphatic. He consequently
wished to remedy whatever wrong he
had done.
And so the incident ended, but while
il lasted the tension in the Court room
was keenly drawn. Both of the prin-
cipaIs to the controversy had superb
control of themselves. At no time
were their voices raised above conver-
sational pitch, but a red flag is 20
more danger signal than was the tone
they employed. There was the CLINT
of steel in the too quiet courtesy OF
their words. manner ard conduct. But
in Court House no less than else
L.