The Savannah morning news. (Savannah, Ga.) 1900-current, 1903-10-15
NO VERDICT REACHED
N TILLMAN CASE OUT SINCE
'' ~ i,4a p. Nj. YESTERDAY.
SENATOR TILLMAN AT TRIAL
,,DcC GARY EXPLAINED POINTS
OF LAW TO JURORS.

,olx-Prepared to Receive Jury
Ans, Time They Wish to Conn
,icote with Him-In Charge to
INV Told Them to Disregard ANY
o..ide CIamOr That Too Many
uonirides Have Gone Unpunished'
s.,ss Laid on Kinds of Homicide.
lexington, s. c., Oct. 15.-At o'clock
chic morning The members of the Till
.,n turv &ere reported as asleep in
-, oonrt rooms which had been clear
- If SPECTATORS for their use.
7oyirgton. S. c., Oct. 1.-THE clos
IN arguments in the case OF j. II.
rtil,,,an we're made to-day and at l:42
o,c1ock This afternoon Judge Gary gave
the case to the jury.
The arguments consumed two and
half days. Senator Tillman, uncle
Of the defendant, was present to-day.
Col Croft resumed his argument to
the furv with the coavening of court
+o.d,v and made the closing address
Gov the defendant and final appeal for
his acauittal. In summing up the de-
fsudants case he dwelt upon the testi-
monv of witnesses for the defense
relative to the position of Mr.. Con
zalas' hands as he approached Mr..
Tuman. He also pressed the point
that the defendant was to be judged
in the light of circumstances as they
anneared to the defendant.
col. Croft also addressed himself to
law points involved.
He was followed by Gen. G. D. Bel
unger. who closed for the state and
made the final argument of the trial
Gen. Bellinger made a general sum-
ming up of the states case, laying
stress upon the testimony adduced by
the state, relative to the shooting, ana
living and comparing with the testi-
mony of witnesses for the defense,
calling especial attention to the wit
nesses whose veracity had been at
tackled by the state.
Judge Gary's Charge.
Counsel having concluded, Judge
Gary Immediately proceeded to charge
the jury. In his charge he defined
homicide explaining the different
kinds, justifiable, excusable and felo-
NOUS, saying that felonious homicide
was either murder or manslaughter
Having defined malice aforethought
expressed and implied, the court in
structed the jury that the defendant
set up a plea of self-defense, and that
to sustain that plea he must satisfy
the jury by a preponderance of evil
dence not beyond a reasonable doubt,
Of four things: That he was without
fault in bringing on the difficulty; that
he believed at the time that it was
necessary to take the life of his ad-
versary to save his own life. or to save
himself from serious bodily harm; that
man of ordinary firmness. prudence
and courage in a like situation would
have come to the same conclusion and
that he had no probable means of es-
cape.
In explanation of what constitutes a
preponderance of testimony. the court
said
II you put the evidence in favor of
me plea in one pan of the balance and
Ihe evidence against the plea in the
other, and the evidence in favor bears
down the evidence against the plea, it
dependencies or outweighs and the
plea IS established"
Continuing the court charged: at
necessary for the state to establish
us case to your satisfaction beyond a
reasonable doubt. not slight, vague or
whimsical doubt"
concluding, the court said Gentle
men, bring to bear on the case your
JEST Judgment, and find a verdict ac-
'ofalns to the facts. disregarding any
outside clamor that too many homicides
nave gone unpublished.
"hen Judge Gary left the Court
mouse for his hotel at 6 o'clock. there
'au been no indication from the jury
yum and the court instructed the
'"e'IH that should the jury desire to
communicate with him at any time
-u'"g the night that he would get up
'hd receive them