The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-10-23
sTHE l.]|7[.! ] Q J3lI J3R CHHA.R & RGED
By Jndge Gary AS to the Different
# Kinds Of Homioi Q.
WHAT '7.lE: THE JUDGE CHARGED
3:9cl1 The ; End of Long and Tiresome
ssss# Oaso. The Jury Out Twen-.
7vf " Hours and Then

,faNis
y Hours and Then
Z sii;siss ARroes.
I'hea closing arguments In the case
~ Oh. II. Tillmap were made wednesday
'is at ! AZ p. M. udge Gary gave the case
y to the jury.
Ine "olments consumed two aud
IS 3.a 9 ahalf o..ys. Senator Tlllman, uncle
# OF the defendant, was present -Wednes-
.sa Gay. Col. Croft resumed his argument
tp the jury with the convenlng OF
81 court and made the closing ad
dress for the defendant and final ap.
~ peal for bis acquittal. In summing
up the defendants case he dwelt upon
the teitimony of witnesses for the de-
\ fence relative to the position of Mr.
~ '5I.,1 Gunzales' iz hands as he approached Mr.
Iliiman. He also pressed the point
SEs that the defendant was to be judged
fSs III IN the light OF circumstance as they
M appeared to the defendant Colone
:C Croft also addressed himself to Law
s. points involved.
issSs He. was followed by General G.. D.
Bellinger, who closed for the state
S and made the final argument OF the
ia trial. General Rellinger made gen
5 eral summing up Of the states case,
.ss laying stress upon the testimony ad.
i duced by the state relative to the
i shooting. Analysing and comparing
# with the testimony Of witnesses foI
rs The defence. calling special attention
to the witnesses whose veracity had
% been attacked by the state. At the
close of Mr.. Bellingers speech Judge
+ Gary delivered the following charge
to the jury: T
-. JUDGE GARY's CHARGE.
5g. Mr.. Foreman and Gentlemen of
the Jury: congratulate you upon
the approach Of the end of this trial,
which has consumed SO much Of your
time. 1t has required or you patti.
ence, endurance and sclf-Sacrifce. I
am glad to say that you have met the
% cxactions In a. manner to be highl y
& commended, and when you return to
81 your respective homes you may enjoy
s.. the satisfaction which comes from a
sense Of duty we'll performed.
Gentlemen, the trial has reached
sS that stage when it is my duty to
charge you what I conceive to be the
law Of homicide. This l shall do as
plainly and briefly as I possibly can
and if, in what I shall have to say tx
;:ss;i you, you should conceive the idea tina,
So intend to express or intimate to you
4 y opinion upon the facts, I beg thai
you will dismiss such idea from you
minds. H
5: The Constitution of the State for
- Ce' =. r to Intimate tx
Sst you any opinion upon the facts and :
90 not intend to do so. The facts ar,
Nj iiSSSs5 exclusively for your determination
4s5Y e't' GU fpd the facts and apply them t,
the law which give: YQus and tint
your verdict accordingly..i
:, The defendapt.. James II. Till
man, stands charged by the State o
South Carolina with the murder OF N
asag G. Gonzales. 2st's
THEE KINDS OF HOMICIDE. = 5i
Homicide, gentlemen, is a genera
term, which means the killing of a
5h man, regardless OF manner in which
y. The K1llieE Is done. There are three
Kinds OF homicide-justitiable homi-
SE eide, 'excusa hle homicide and fclonious
homicide. The law only Furnishes fol
felOnious homicide. Justitiable homi-
eide is where one takes the life of an.
other in the performance of a duty;
for instance, If the sheriff hangs a
man in pursuance OF the mandate OF
competent Court. it is justiiiable
homicide; he Is carrying out the or
der OF the Court, and the law says it
is no wrong. But, gentlemen, as
there Is no intimation from any source
that the alleged killing was justiti-
able homicide, you may dismiss that
kind OF Homicide from your consider
alton.
S. Now, the next is excusable hoini.
eide. ExcuSa BILE homicide is where d
man kills another under such clrcum-
& stances as the law, In It's regard for
the weakness Of human nature, con-
71 dOneS, and it excuses the act. For
instance. For instance, IL a man is
in the discharge Of lawful duty, a
lawful act, and without fault or
negligence, accidentally kills another,
the law excuses him and he has done
Z no wrong and should suffer no punish
ment. Then, again, gentlemen, If a
man Kills another in sclfdefence, the
law IN Its regard for the laws Of ma
ture. says that he has done no wrong
and should not be punished. Now.
!. l will charge you further On in what !
Shall say to you, as to what is neces.
sary to make out the plea of self-de-
I fence.
Now, have instructed you as tx
what justifiable homicide is, but that
does not come in this case. [ have
instructed you as to what e1cusablt
homicide Is.
!: WHAT FELoNIoUs HOMICIDE MEANS.
1.-THE other homicide, and the onl.
one for which man is punished Il
felonious homicide, which is eithe
murder or manslaughter. Murder Ii
defined by statute to be the killing o
a human being with malice aforc
Thought, either expressed or implied
8 BY an analysis Of that definition, gen
tlemcm, you will see in order to con
stittte murder there must be the kill
ing OF one human being by another
that killing must be done with malice
aforethnught, malice premeditated
Malice may either be expressed or i'm
piled. Now, that is murders Malic'
may be defined to be an evil spirit, ;
depraved and wicked spirit, and tli
definition has been adopted by tn,
Supreme Court Of our Stats and ha
been defined to be an evil spirit, a de