The Birmingham age-herald., 1903-10-14
PULLMAN CASE
 1A+ttFNB-F0DAY Case Will Probably 50 to the
 Jury About Noon LAWYERS STILL SPEAKING
Colonel Croft Says Turning Point In the Case Is Whether Tillman Was Acting In Self-Defense Un-
 der the Circumstances.

Lexington, & C., October 1s-The jury in the trial of James II. Tillman listened to arguments by counsel throughout the entire day. When court convened today. an unusually large crowd was present. the audience including many women
 Contrary to the programme agreed upon the arguments to the jury were not con- cluded today. Colonel Croft, for the de- fense, and General Bellinger for the state' will conclude their argument tomorrow. Colonel Croft having one hour yet remain ing, and General Bellinger nearly two hours. Thus the case will not go to the jury before the middle of the day, as 1t will take some time for the court to deliv- CT the charge after the attorneys have finished.
 Law of Self-Defense.
 Requests by counsel 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 to escape a man must use it, and not take a life; that in order to establish plea of self defense, the jury must be satisfied by a preponderance of evidence that the per son making the plea was not at fault Tn bringing on the difficulty, and that he believed that he was in danger of serious bodily harm, and further that person of ordinary prudence would have believed the same. The state further asks the jury to be instructed that previous threats do not justify the taking of life unless there Is a demonstration at the time of the homicide.
 The defense asks that the jury be in- structed that the question to be detefmin- ed is whether or not any person of ordi- nary prudence and 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 com municated to him together with the ac- tlons of the person making them when met.
 Liberty of the Press.
 Col. b. II. Nelson for the defense said the case has been transferred to Lexing- ton becaues of conditions adverse to the defendant in Richland county refer ring to the liberty of the press he cited extent of this liberty. He then spoke of the attitude of newspapers against the defendant and critically reviewed the course of the late editor.
 Col. Andrew Crawford for the state fol- lowed, saying there had been too much personal feeling and too much political sentiment injected into the case Reply ing to defense, he contended that Com zales' mind was clear when he made his dying statements He dwelt al length on the evidence of a witness for the state. who testified that Tillman said good morning to Gonzales when they met. He reviewed to the testimony relating to threats with a 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 a gen. eral summing up of the case. MT Croft said the turning point in the case was whether this man was acting in self defense under the circumstances.