The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-10-14

they say in effect. Why, then, was
not the dead man equally frenzied,
they inquire, why then was not he the
iucarnated spirit of hate as was, by
natural consequence of his provocation,
our man when he struck the mortal
blow: They do not confess this, they
would deny it and scorn it, but burst
ing like mountain torrent it runs re-
sistless across and counter to their
streams of oratory, pleading for the
theory of self defense. They cannot
conceal, they cannot suppress, they
cannot dam it up and their logic,
their eloquence, their cunning, stand
mute and paralyzed before it. In the
forceful phrase employed by Mr.. John
stone in another connection III shis
to vengeance and driven to strike for
dear life's sake are "cannabalistic Of
each other.'' The awful contradiction
is forever before their eyes to blind
and confound, it rises to choke down
the tempests of their defamation, it
is a milestone around their necks and
stumbling block to their feet.
Solicitor Thurmond drove home to
the jury the evidence that the dead
man did net lift finger of hostility
when the fatal meeting came. Even
if it be true that man has heard that
he has been threatened, the law gives
him no right on that account to shoot.
Here is the dying declaration Of Mr..
Gonzales that I obliqued to the right
to avoid him. It comes through the
mouth of DR.. Babcock, man respect
ed throughout the length and breadth
of South Carolina. Do you believe
him? That Mr.. Gonzales made no
demonstration, Talbird, Scheidman,
Lide, Lyles, Young, Mrs. Melton
and all the witnesses for the State
agree. I ask you as men of common
sense, would he not have been fool
in the presence of his enemy, unarmed
as he was and helpless. to have at
tempted to draw nothing from his
pocket Can you think that man,
walking the streets hunting man to
shoot him, would have worn his
gloves?
MI. George r. Rembert is a very
young lawyer and spoke during 50
minutes. In his peroration he related
the parable of the Good Samaritan
with pathos and depicted the prisoner
as an officer of the First regiment ap-
pearing in the title role-the parable
being duly brought up to the date Of
the Spanish American war.
Mr.. Elliotts' speech tells its own
story, it should be read in it's entire
ty. When be declared that he would
answer once and for all the references
to. his blood relationship with Nh.
Gonzales, so frequently flung in by
the counsel for the prisoner, exclaiming
that he was proud of his kinsnip with
such a man-proud that his cousin,
following in the performance of high
and noble duty, had faced his enemy
with the words, "Now finish me, :"
the effect was visible on the jury. The
charge that Mr. Gonzales invaded the
sanctity of the priosner's home is
false. challenge the counsel for the
defense who have paraded this dead
man in this conduct to produce the
proof. The allusion that they make is
to an editorial from the Florence
Times-not of Mr.. Gonzales. The
word "cur'' that they delight in no
where appears in MI. Gonzales writ
ings. challenge them to show it.
"Breathing in an atmosphere Of false
hood' comes from another newspaper.
The severest of them all, the compari-
son Of James H. Tillman with '' Frank
lin j. Moses is from an up-country
paper which I believe was always a
supporter of the prisoners uncle.
Nevertheless, they try to place upon
the shoulders of the dead editor the
responsibility of the utterances of
practically the whole press Of South
Carolina
81 waive all the discussion of self
defense,'' said Mr.. Elliott. 1t is use
less to talk of defense that man
may shoot another down because he
wriggled his thumbs in his pockets.
Yes, wriggled his thumbs; that is all
that is claimed here by the defense.
The prisoner admits in his testimony
that be had the drop on his man-had
the drop on him, those are his words.
The veriest highwaymen, holding his
enemy at pistol point, before he blows
his brains out, yields to him the op-
portunity to throw up his hands.
Tillman had the drop on Gonzales who
never, before or after the shot was
fred. took his hands from his pock-
cts"
Mr.. Elliott's exposition of the du-
ties and privileges of the press was
able and exhaustive. He scored a
strong point when he remarked that
Washington and Jefferson had been
the subject of printed attacks, but
they found no necessity to kill the
authors. Illustrating the remedies
which the prisoner might have had by
suing in the civil or prosecuting in
the criminal courts for libel, land so
have saved his bands from the stain
of blood upon them,' he said Jeffer-
son had journeyed from Charlottes-
vile, Va, to New York and there had
challenged his newspaper traducer IN
the courts of justice and found vlndl-
cation in verdict.
For one hour and thirty minutes
after the recess Mr.. Johnstone devoted
himself to the discussion of the edi-
torial utterances of Mr.. Gonzales with
regard to the prisoner as showing
their relations. He commenced with
~ yD;,nc},oro Hora Ia and Nawg contrO-