The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-10-15
TlLLMAN'S
FATE NOW
WITH JURY
No Verdict Reached and
Result in Doubt.
QUESTION OF BAIL
IN CASE OF MISTRIAL
State Will Object to Grant
ing 1t.
THE ARGUMENT WAS
CONCLUDED YESTERDAY
The Impression OF All the Counsel and
Others Interested in the Case is
that the Result Will Be Mis-,
treI--M otion fJr Bail
is Being Pre-.
pared.
State Will Object to Grant
ing 1t.
THE ARGUMENT WAS
CONCLUDED YESTERDAY
Special to The Times-Dispatch.)

Especial 70 Inc llnes-DlspaIcn.)
LEXINGTON. S. c., Oct. l4.-The case
Of tho State against James Tillman was
submitted to-day to the Lexington county
jury At IL o'clock tonight the jury was
still locked un and no verdict had been
agreed upon.
1t seems to be the impression OF all
the counsel in the case that the trial will
result In failure to reach verdict, and
they are beginning TO prepare for mo-
ton for bail. The understanding tonight
Is that in the event OF inistrial the State
will object to the granting Of ball, al
though ordinarily 1t is granted in the event
OF mistrials, which indicate a reasonable
doubt as to guilt.
At o'lock this morning the members
OF the Tillman jury We're reported asleep
In the court room, which had been clear
cd OF spectators for their Use.
The argument consumed two and half
days Senator Tilman. uncle of the
defendant, was present to-day.
Colonel Croft resumed his argument
to the jury with the convening of court.
and made the closing address for the
defendant and final appeal for his ac-
quittal. In summing up the defendants
case he dwelt upon the testimony of
witnesses for the defense relative to the
position of Mr.. Gonzales hands as he
approached Mr.. Tillman. He also pressed
the point that the defendant was to be
judged In the light OF circumstances as
they appeared to the defendant. Colonel
Croft also addressed himself to law
points involved. He was followed by
General ]. G. Bellenger, who closed for
the State and made the final argument
OF the trial.
General Bellenger made a general sum
ming UP of the States case. laying stress
upon the testimony adduced by the State
relative to the shooting.
THE INSTRUCTIONS.
Counsel having concluded Judge Gary
Immediately proceeded to charge the
jury. He defined homicide. explaining
the different kinds, justifiable, excusable
and felonious, saying that felonious homi-
eide was either murder or manslaughter
Having defined malice aforethought, cx-
pressed and implied the court instructed
plea OF sclf-defense. and that to sustain
that plea he must satisfy the jury by
preponderance OF evidence. beyond
reasonable doubt. OF four things: That
he was without fault in bringing on
the difficulty; that he believed at the
time that 1t was necessary to take the
life Of his adversary to save his own
life, or to save himself from serious
bodily harm: that a man of ordinary
firmness. prudence and courage in like
situation would have come to the same
conclusion; and that he had no probable
means of escape.
In explanation Of what constitutes q
preponderancc OF testimony. the court
said: "If you put the evidence In favor
of the plea In one pan OF the balance
and the evidence against the plea In the
other. and the evidence in favor bears
down the evidence agains: the plea, II
preponderates or outweighs and the
plea is established,
Continuing. tho court charged: st is
necessary for the State to establish Its
case to your satisfaction, beyond rea-
sonabe doubt, not slighti vague OF
whimsical doubt"
Concluding. the court said: Gentlemen,
bring to bear on tho case your best
judgment and bring In verdict accord
Ing to facts. dlsregardng any outside
claim, by which many homlcides have
gone unpunished."