The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-15
The Case Reached Them at
Forty-tWo Minutes Past
One.
NO DECISION REPORTED
Judge Gary Left the Court House at Six in The
Afternoon. Leaving Word That He Would
Receive the Jury at Any Hour
They Wished.
CBy the Associated Press


Lexington, S. c., ct lathe closing ar
guments in the case of ]. H. Tillman were
made today and at L. 42 p. IN. Judge Gary
gave the case to the jury.
The arguments consumed two and a
half days. Senator Tillman, uncle of the
defendant was present today. Colonel
Croft resumed his argument to the jury
with the converting of court and made the
closing address for the defendant and final
appeal for his acquittal. In summing up
the defendants case he dwelt upon the tes
timony of witnesses for the defense rela-
tive to the position of Mr.. Gonzales hands
as he approached Mr. Tillman. He also
pressed the point that the defendant was
to be judged in the light of circumstances
as they appeared to the defendant.
Colonel Croft also addressed himself to
law points involved.
He was followed by General G. D. Bel
inger, who closed for the State and made
the final argument of the trial. General
Bellinger made a general summing up of
the States case laying stress upon the
testimony adduced by the State relative
to the shooting.
Counsel having concluded, Judge Gary
Immediately proceeded to charge the jury.
He defined homicide, explaining the differ
ent kinds, justifiable, excusable and felon-
ious. saying that felonious homicide was
either murder or rs.nslauyhter. Having
defined malice aforetheught, expressed and
implied, the court instructed the jury that
the defendant sat up plea of self-defense
and that to sustain that plea he must sat
isfy the jury by a preponderance of evi-
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 adversary to save his own life OF
to save himself from serious bodily harm
that a man of ordinary firmness, prudence
and courage in a lf6e'situation would have
come to the same conclusion; and that he
had no urobable means of escape
In explanation of what constitutes pre-
ponderance of testimony the court said:
eff you put the evidence in favor of the
plea i'll one pan of the balance and the evi
dence against the plea in the other and
the evidence in favor bears down the evi
dence against the plea, it preponderates
or outweighs and the plea is established. "
Continuing the court charged:
"It is necessary for the State to estab
lish its case to your satisfaction beyond
a reasonable doubt, not slight, vague OF
whimsical doubt
Concluding the court said:
Gentlemen, bring to bear on the case
your best judgment and find verdict ac-
cording to the facts, disregarding any out
side claim or that too many homicides
have gone unpunished.'
When Judge Gary left the court house
for his hotel, at 6 p. m. there had been
no indication of verdict from the jury
room and the court instructed the sheriff
that should the jury desire to commune
cate with him at any me during the
night he would get up and receive them.
The jury had not reached verdict at
ILLS p. M, having been out over 1ice
hours.