The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-16

Lexington, s. c., October 12.-Argu-
ments to the jury in the trial of J. H.
Tillman were begun with the con-
Vening of court today. three attor-
neys for the state and two for the
defense addressing the Jury during the
seven hours court was in session. Four
attorneys. two on a side. are to be
heard tomorrow. 4 larger crowd of
spectators was in attendance today
than there has been at any one time
for several days past and there was
q greater number of ladies in at
tendance. Mrs. J. H. TilIman and the
mother of the defendant were present,
as they have been almost continuous
ly from the beginning of the trial, and
We're attentive listeners to the ad-
dresses by counsel to the jury.
Sollcltor Thurmond opened the argu-
ment for the state, both sides having
submitted to the court their requests
for instruction TO the Jury. Referring
TO the editorials in The State he said
they. We're before the jury to show
feelings. He referred to the liberty
OF the press. The solicitor devoted
himself largely to a review and sum-
ming up Of the evidence adduced by
the prosecution concerning threats.
next taking up and the
testimony of witnesses, on the two
sides. relative to the shooting with
a Vfe- to showing that Mr.. Gonzales
was Inarmed and sought to avoid a
difficulty lei he met the defendant
on the day of the shooting.
The solicitor was followed hv Mr..
Rembert, of counsel for the defense,
who CnjI an,, 1tI,, :o~- " -
defense did not cOnCede that y. C.
Gonzales was unarmed at the time he
was shot. Stress was laid by counsel
upon the charges made by Mr.. Con-
zales against the defendant. to show.
as he stated. the influence they had
on the defendant mind when he
met Mr.. Gonzales January 18th.
Attorney William Elliott Jr., who
followed cOntended that Mr.. Gonzales
was within his right in discussing a
man in public life and asserted thar
-ir. Tlllman had recourse to the libel
law for redress. He said also that a
number Of the u~tterances contained in
the editorials which have been read
We're extracts from other newspapers
and added that Mr.. Gonzales had not
mentioned the home life of the de-
PENDANT. Mr.. Elliott gard the dying
declaration taken down in short hand
had not been introduced because the
s~tenOgrapher taking 1t was Editor
Gonzales private stenographer. Mr..
Elliott made use Of the statement
made that he had the drop" on Con
zaleS.
George Johnson began his speech to
the jury In behalf Of the defendant
when our re-cOnvened at 8 p m,
and spoke for two and a half hours.
He contended hat the liberty Of the
press did no. give the right Of de-
nunciation. He reviewed the testi-
mOny leading I'D to the shooting and
insisted that the two statements
testified to as the dying de-
cIaration Of Editor Gonzales were at
variance and hat the variance was
due to the morphine administered to
him after he was shot. Mr.. Johnson
had the sheriff stand before the jury
with Mr.. Gonzales overcoat on and
pointing to the bullet hole, claimed 1t
supported the defendants version Of
the shooting.
MI. Asbill also OF counsel for the
state was the las to address the jury,
but he had fairly begun when the
hour of adjournment arrived. He said
it was five months after the last edi-
torial was written concerning Mr.. Till
man that the shooting occurred and
contended that the editorials must
be eliminated from consideration.