The Birmingham age-herald., 1903-10-13
Lawyers Begin Their Arguments
 Before the Jury
MANY LADIES IN COURT
Among Them Are the Mother and Wife of the Defendant, Who Have Been Constant Attendants at
 the Trial.

Lexington, s. C., October 12.-Argu- ments to the jury in the trial of J. H. Tfllman were begun with the convening of court today, three attorneys for the state and two for the defense address ing the jury during the seven hours the court was in session. 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 number of ladies in at tendance. Mrs J. H. Tilman and the mother of the defendant were present as they have been almost constantly dur ing the beginning of the trial and were attentive listeners
 Solicitor Thurmond opened for the state, both sides having submitted to the court their requests for instructions to the jury, preliminary to which MT. Thur mond addressed the court in the presence of the jury on the doctrine of self-de- fense and the law defining murder, and gave the states interpretation of the law relating to threats and provocation.
 Liberty of the Press.
 Addressing himself to the case and re- ferring to the editors of the State MT. Thurmond said they were before the jury to show the feeling between Gonzales and Tilman. In this connection, he referred to the liberty of the press. The solicitor devoted himself largely to a review and summing up of the evidence adduced 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 a difficulty when he, met the de- fendant on the day of the shooting.
 The solicitor was followed by MT. Rem bert 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 the charges made by Gonzales against the defendant to show, as he stated, the in- fluence they had on the defendants mind when he met Gonzales.
 Was Within Ills Right.
 Attorney William Elliott, Jr., contended that Gonzales was within his right in criticizing a man in public life, and as- serted that Tillman had recourse to the
  a number of the titterances contained in the editorials which have been read were extracts from other newspapers, and add ed that Gonzales had not mentioned the home life of the defendant MT. Elliott said the dying declaration taken down in shorthand had not been introduced be- cause the stenographer taking it was Gonzales private stenographer. MT. El- liott made use of the statement made by the defendant, that he had the drop on Gonzales.
 Col. George Johnston spoke for two and a half hours in behalf of the defend ant He contended that the liberty of the press did not give the right of denuncia- tion. He dwelt on the testimony of wit nesses for the defense as to threats.
 Variance Due to Morphine.
 He insisted that the two statements testified to as the dying declarations of Gonzales, were at variance and that the variance was due to the morphine ad- ministered to him after he was shos. He asked why the dying declaration which was taken down in shorthand had not been offered in evidence. dwelling upon it's absence from the record. MT John ston had the sheriff stand before the jury with Gonzales overcoat on, and pointing to the bullet hole claimed 1t supported the defendants version of the shooting.
 MT. Asbill, of counsel for the state. was the last to address the jury, and had not fairly begun when the hour of ad- journment arrived. He said it was five months after the last editorial was writ ten concerning Mr. Tillman, that the shooting occurred, and contended that the editorials be eliminated from consid- ora tion