The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-10-13
TILLMAN CASE SPEECHES
FIVE ATTORNEYS ADDRESS THE
JURY AT LEXINGTON, :. c.
Both Sides Submit to the Court Their
Men Who VIII Consider Verdict.

LEXINGTON, s. c., Oct. 12.-Arguments
to the jury in the trial of ]. II. Tillman
were begun with the converting of court
to-day, three attorneys 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. larger crowd OF spec
tators was in attendance to-day than there
has been at any time for several days past
and there was a greater number of women
in attendance. Mrs. ]. II. Tillman and the
mother of the defendant were present, as
they have been almost constantly since
the beginning of the trial, and We're at
tentive listeners.
Solicitor Thurmond opened for the State,
both sides having submitted to the court
their requests for instructions TO the jury,
preliminary to which Mr.. Thurmond ad-
dressed the court in the presence Of the jury
on the doctrine of self-defense and the law
defining murder and gave the States in
depreciation of the law relating to threats
and provocation.
Addressing himself to the case and re-
ferring to the editorials in the State Mr.
Thurmond said they were before the jury
to show the feeling between Gonzales and
Tillman In this connection he referred 10
the liberty of the press. The solicitor de-
voted himself largely to a review and sum-
ming up of the evidence adduced by the
prosecution concerning threats, next taking
up and comparing the testimony of witness
| es the two sides relative TO the shoot
| ing with view to showing that Gonzales
was unarmed and sought TO avoid a diff
Guilty when he met the defendant on the day
/ OF the shooting.
| The solicitor was followed by Mr.. Rem
| bert, of counsel for the defense, who said
| among other things that the defense did not
| concede that Gonzales was unarmed at the
| time he was shot Stress was laid by coun-
| sci on the charges by Gonzales against the
| defendant TO show, as he stated, the in
| fiuence they had on the defendants mind
! when he met Gonzales.
| Attorney William Elliott, jr., contended
| that Gonzales was within his right in criti-
| cising man in public life, and asserted
| that Tfllman 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 extracts from
other newspapers, and added that Gonzales
| had not mentioned the home life OF the de-
| PENDANT. Mr.. Elliott said the dying declara-
ton taken down in shorthand had not been
| introduced because the stenographer taking
it was Gonzales's private stenographer. Mr..
| Elliott made of the statement made by
the defendant that he had the drop" on
| Gonzales.
Col. George johnson spoke for two and a
half hours in behalf of the defendant. He
contended that the liberty OF the press did
not give the right of denunciatiOn. He
dwelt the testimony of witnesses for the
defense as TO threats. He insisted that the
two statements testified TO as the dying dec
larations of Gonzales were at variance and
that the variance was due TO the morphine
administered TO him after he was shot. He
asked why the dying declaration which was
taken down in shorthand had not been Of
fered in evidence, dwelling upon its absence
from the records. Mr.. Johnson had the
sheriff stand before the jury with Gonzales s
overcoat on, and, pointing to the bullet hole,
claimed it supported the defendants YER
sion of the shooting.
Mr.. Asbill, counsel for the State was the
last to address the jury, and had not fairly
begun when the hour of adjournment ar
rived. He said 1t was five months after the
last editorial was written concerning Mr.,
Tillman that the shooting occurred, and con-
tended that the editorials be eliminated
from consideration.