The Montgomery advertiser., 1903-10-13

 HOLD FLOOR Arguments Started at
 Lexington Court. TALKED SEVEN HOURS E 7!</ Five Lawys < poke in Bat tie f0r $ mans Life. State g s hat Gonzales Was un- arr ? ld Was Within His
 b. t to criticiss Tillman.
 Denied by Defense.
TALKED SEVEN HOURS

Lexington, g. C., Oct. 12.--Arguments to the jury in the trial of J. H. Tillman were begun with the converting of court today. three attorneys for the State and two for the defense addressing the jury during the seven hours court was in ses- sion.
 Four attorneys, two on a side, are to be heard tomorrow. A larger crowd of spectators was in attendance today than there has been at any time for several days past. and there was a greater nun. Der of ladies in attendance. Mrs. J. H. Tillman and the mother of the defendant were present as they have been ain11si constantly during the beginning of tbe trial and were attentive listeners. Al
 Thurmond Opened.
 Solicitor Thurmond opened. for the State. both sides having submitted to the court their requests for instructions to the jury. preliminary to which Mir. Thur- moud addressed the court in the presence of the jury on the doctrine of self lf-defense and the law defining murder and gave the States interpretation of the law relating to threats and provocation.
 Addressing himself to the case and re- ferring to the editorials of The State, MT. Thurmond said they were before the jury to show the feeling between Con- gales and Tillman. Tn this connection he referred to the liberty of the press. The Solicitor devoted himself largely to a re- view and summing up of the evidence ad- duced by the prosecution concerning threats, next taking up and comparing the testimony of witnesses on the two sides relative to the shooting, with view to showing that Gonzales was unarmed and sought to avoid dfflculty when he met the defendant.
 The Solicitor was followed by MT. Rem bert, of counsel for the defense, who said among other things that the defense did not concede that N. G. Gonzales was un- armed at the time he was shot Stress was laid by counsel upon ths charges made by Gonzales against the de- fendant to show, as he statNd. the in, huence they had on the defendants mind when he met Gonzales.
 Recourse to Aibel Law.
 Attorney William Elliott. Jr., contended that Gonzales was within his right in criticizing man in public life, and as- serted that Tillman had recourse to the libel law for redress. He said also that a number of the utterances contained in the editorials which have been read, were ex- tracts from other newspapers and added that Gonzales had not mentioned the home life oi the defendant. MT. Elliott said the dying declaration taken down in shorthand had not been introduced be- cause the stenographer taking 1t was Gonzales's private stenographer. Mir. Elliott made use of the statement made by the defendant. that he had the drop on Gonzales.
 overstepped Press Liberties. Colonel George Johnston spoke for two and half hours in behalf of the defend ant He contended that the liberty of the press did not give the right of denuncia- ton. Ho dwelt on the testimony of tho witnesses for the defense as to threats. He insisted that the two statements testi- fled to as the dying declarations of Con- zales were at variance, and that the vari- ance was due to the morphine adminis- tered to him after he was shot. He asked why the dying declaration which was ta- ken down in shorthand had not been off, fered in evidence. dwelling upon its ab- sence from the record. Mir. Johnston had the sheriff stand before the jury with GonSales's overcoat on. and pointing to the bullet hole claimed 1t supported the defendants version of the shooting MT. Asblll, of counsel for the State, was the last to address the jury, and had not fairly begun when the hour of adjourn ment arrived. He said it was i've months after the last editorial was written con- corning Mir. Tillman that the shooting oc- cured, and contended that the editorials be eliminated from consideration.