The Montgomery advertiser., 1903-10-14
WILL 60 TO
 THE JURY The Tillman Case Getting
 Near the End. TWO sE EcHEs TODAY  Then tfs Charge of the Judge
 sym Be Given.
  AttoSS ,ys on Both sides Have Been y Strenuous in Endsavor to Convince the Jurors on : the Subject.

Lexington, S. C., Oct.13.-The jury in the trial of James H. Tillman listened to arguments by counsel throughout the en- tire day. When court convened today an unusually large crowd was present. the audience including many women.
 Contrary to the program agreed upon, the arguments to the jury were not con- cluded today Colonel Croft. for the de- fence. and General Beiiinger, for the State. will conclude their arguments to- morrow, Coloneli Croft having one hour yet remaining and General Beliineer nearly two hours Thus the case will not go to the jury before the middle of the day, as 1t will talk esome time for the torneys have finished. Requests by coun- sel for instruction to the jury were read and signed today. The State desires the jury to be instructed that the doctrine of self-defense requires that If there is any reasonable safe way of escape man must use 1t, and not take life; that In order to establish 8 plea of seR-defence. the jury must be satisfied by prepou- derance of evidence that the person mak- ing the plea was not at fault in bringing on the difficulty and that he believed he was In danger of serious bodily harm; and, further, that a person of ordinary prudence would have believed the same. The State further asks the jury to be in- structed that previous threats do not justify he aking of life unless here Is a demonstration at the time of the homi- eide.
 The defense asks that the jury be in structed that the question to be determin. ed is whether or not any person of ordi- nary prudence aud reason would have done as the defendant did; also that a man may act upon circumstances as they appear to him. account being taken of any threats that may have been commu- nicated to him, together with the actions of the person making them when me.
 Col. E. H. Nelson, for the defense, said the case has been transferred to LexinE- ton because of conditions adverse to the defendant In Richlapd County. referrise te the )fberty of thu pFets, Ha cited the 5Isssl law aSl4 aeslsznna 46 slieB tltefex- tent Of this linsrkFs He then spoke of the attitude of l1ewspapers against the de- fendant. and critically reviewed. the course of the late editor.
 Col. Andrew Crawford, for the State, followed, saying there had been too much personal feeling and too much political sentiment injected Into the case. Reply ing to the defence, he contended that Gonzales's mind was clear when he made his dying statements. He dwelt at length on the evidence of witness for the State who testified that Tillman said. Good morning." to Gonzales when they met. He reviewed the testimony relating to threats with view to showing that the defendant was not justified in shooting. Colonel Crawford contended that Con- zales was not armed and that he made no demonstration.
 Colonel Croft, who closed for the de- fense, was the last attorney to address the jury today. He entered upon gen. eral summing up of the case. Mir. Croft said the turning point in the case was whether a man may act in self-defense upon the circumstances as they appear to him.