The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-14
COUNSEL YET PLEAD
TiIman's Case May Reach
the Jury at Noon
Today.
(By the Associated Press.)

Lexington, S. c., Oct. 13-The jury in
the trial of James H. Tillman listened to
arguments by counsel throughout the en-
tire day. When court convened today an
unusually large crowd was present and by
the time adjournment was taken tonight
the room was packed with many standing.
The section reserved for ladies was
filled The special train which has been
running between Columbia and Lexington
was filed when it went over this morning,
while regular train running later in the
day brought an additional number. Many
different parts of the State were repre-
sented in the crowd of spectators today.
Contrary to the program agreed upon
the arguments to the jury were not con-
cluded today. When the hour of p. M
arrived Colonel Croft, who was closing
the argument of the defense, observed
that he could not finish in time to permit
General Barringer, who closes the State,
conclude unless court shout sit until a
late hour. By agreement an adjournment
was taken so that the two attorneys could
close in the morning. The case will not
go to the jury before the middle of the
day as it will take some little time for
the court to deliver the charge after the
attorneys have finished. Requests by
counsel for instructions to the jury were
read and argued today.
The State desires that the jury be in
structed that the doctrine of self defense
requires that if there is any reasonable
safe way OF escape a man must do 1t ano
not take a life; that in order to establish
a plea of self-defense the jury must be
satisfied by preponderance of evidence
that the person making the plea was not
at fault in bringing on the difficulty, and
that he believed he was in danger of Sc
rious bodily harm, and furthermore a per-
son of ordinary prudence would have be-
lieved the same. The State further asks
the jury to be instructed that previous
threats do not justify the taking of life
unless there is demonstration at the time
of the homicide.
The defense asks that the jury be in
| structed that the question to be deter
mined is whether or not any person of or
dinary prudence and reason would have
done as the defendant did, also ,hat a man
may act upon circumstances as they ap-
pear to him, account being taken of any
threats that may have been communicated
to him, together with the actions of the
person making them when met.
/ Colonel p. H. Nelson. for the defense,
after addressing himself to the law Civ
| ing the Interpretation of the defense as
| it applies to this case, made a general
review of the case stating that it had
been transferred to Lexington, because
of conditions adverse to the defendant in
Richland county. Referring to the lib
ertly of the press he cited the libel law
and decisions to show the extent of this
| liberty. He then spoke of the attitude
of newspapers against the defendant
Following the defendant and N G. Con
zales through the various incidents IN
volving them he defended his clients
course and critically reviewed the course
of the late editor.
Colonel Andrew Crawford. of the State,
followed saying there had been too much
personal feeling and too much political
sentiment injected into the case. Reply
ing to the defense he contended that Mr..
Gonzales mind was clear when he made
his dying statements. He dwelt at length
on the testimony of witness for the
State who said Mr.. Tillman said Good
morning" to Mr. Gonzales. when they
met and reviewed at length the testimony