davidaulloa/AmericanStories huggingface dataset:
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
THE JURY CHARGED
By Judge Gary As u the Different
Kinds of Eomici e.
WHAT TEE JUICE LHakGEO
Fhe End of Long and Tire.ome
Case. This. jury Out Tw.n-
~ Hours and THIN
Agrees

The closing arguments in t :" case
of. H. Tillman were made "Wednesday
at LAP p. 10. Judge Gary gave the case
to the jury.
The arguments consumed two and
q half days. Senator Tillman. uncle
Of the defendant, was present Wednes-
day. Col. Croft resumed his argument
to The jury with the conTening OF
court and made the closing ad.
dress for the defendant and final ap-
peal for his acQuittal. In summing
up the defendants case be dWelt upon
the Ueitimony of witnesses for the de-
fence relative to the position Of Mr..
Gonzales hands as be approached MIR.
Tillman. He also pressed the point
that the defendant was to be judged
in the light of circumstance as they
appeared to the defendant. Colone
Croft also addressed himself to law
points involved.
He Was followed by General 6. D.
Bellinger, who closed for the state
and made the final aagument Of the
trial. General Bellinger made a gen.
eral summing up Of the states case.
laying stress upon the testimony ad-
duced by the state relative to the
shooting AnalyziDg and com pairing
with the testimony Of witnesses for
the defence, calling special attention
to the witnesses whose veracity had
been attacked by the state. At the
close of Mr.. Bellingers speech Judge
Gary delivered the following charge
to the jury:
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
In an EarLnuuake.

The Norwegian steamer Ellida,
Capt. Petersen, which has arrived in
Mobile, was caught in an earth
quake" at 2.55 A. NJ, September 20,
fourteen miles off the Cuban shore,
and the shock, was so severe that it
threw the men from their berths and
knocked all quite violently about.
Capt Petersen says the Eilida was en-
route to Santiago from Venzuela with
cattle. The engines were running
full speed and everything was all
right. The water there is from 1900
to 1,4o0 fathoms deep. There were
no other vessels in sight. Suddenly,
With no warnings whatever, the
Ellida seemed to have run aground.
She quivered, creaked, her propeller
was out Of water, and it seemed as
though the steamer was constantly ris-
ing on the crest Of hidden reef.
Then, in the twinkling Of an eye, she
seemed to absolutely drop into the
very chasm Of the deep.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
EHEE KINDS OF HOMICIDE.

Homicide, gentlemen, IS a general
term, which means the killing Of a
man, regardless Of manner in which
the kiilieg is done. There are three
kinds of homicide -justifable honi-
eide, excuSable homicide and fcloniouS
homicide. The law only Furnishes for
felonious homicide. Justihable homl-
eide is where one takes the life OF an-
other in the performance-o Of duty;
for instance, if the sheriff hangs
man in pursuance Of the mandate OF
a competent Court. it is justifable
homicide; he is carrying out the Or
Ger Of the Court, and tie law says it
is no wrong. But, gentlemen, as
there is no intimation from any source
that the alleged killing was a justih-
able homicide, you may dismiss that
kind OF homicide from your consider
alton.
Now, the next is excusable .holnl-
eide. ExcuSable homicide is where
man kills another under such circun-
stances as the law, in it's regard Tor
the weakness of human nature, con-
dones, and it excuses the act. For
instance. For instance, il man is
in the discharge Of a lawful duty,
lawful act, and without fault or
negligence, accidentally kills another,
the law excuses him and be has done
no wrong and should suffer no punish
ment. Then, again, gentlemen, II a
man kills another in selfoefence, the
law IN it's regard for the laws Of ma
ture. SAYS that be has done no wrong
and should not be punished. Now.
] will charge you further On in what l
shall say to you, as to what is neces-
sary to make out the plea OF Self-de-
fence.
Now. have instructed you as to
what juStifable homicide is, but that
does not come in this case. L have
instructed you as to what excusable
homicide is.
WHAT FELoNIoUs EoMIcIDE MEANS.
The other homicide, and the only
one for which a man is punished, is
felonious homicide, which is either
murder or manSlaughter. Murder is
defined by statute to be the killing OF
. human being with malice afore-
thought, either expressed or implied.
By an analysis Of that definition, gen.
tlemem, you will see 10 order to con-
srittte murder there must be the kill
ing of one human being by another,
that killing must be done with nance
aforethought, malice premedltateo.
Malice may either be expressed or IN
n,jed. Now, that is murder. Mallce
NAV be defined to be an evil spirit, a
deprayed and wicked spirit, and this
definition has been adopted oy the
supreme Court Of our Stats and has
been defined to be an evil spirit, de-
nraved and wicked spirit, such as is
foupd in the heart totally devoid OF
social duty and fatally bent upon mis-
chief. Expressed malice is where one
nprsop kills another with Sedate, de-
liberated, meant and formed design,
such formed design being evidenced
hv external circumstances which dis,
cover the inward intention, such as
wing in wait, antecedeno menaclne
threats. former grudges pnd concerted
schemes to do Some5ody harm.
Now, as said to you before, tt
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
Bold Robbers.

One Of the most daring bank rob-
berries in Illinois was committed early
Wednesday morning at Berwick. -Four
men, armed TO the teeth, in a wagon,
drove into that town and entered the
Farmers State Bank, where they
forced the combination of the big
safe with dynamight and secured ST.
500 in cash. The explosion awakened
a number Of residents Of the town,
who appeared on the scene, but at:
the point Of guns they were compelled
by the robbers to keep away from the
bank building until they had loaded
their booty into buggy. The rob-
bers then drove off in an eaSterly
direction, but were not followed by
the terrified citizens, who were panic
stricken by the boldness Of the rob-
hprv
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
WHAT THE DEFENDANT cLAINs.

WHAT THE DEFENDANT CLAIMS.
1.-The defendant sets up the plea of
Selfdefence; that is, that he did the
killing to save his own life, or to avoid
serious bodily harm to himself. Ii the
defendant has established his plea o.!
self-defence, then he is excuSabie and
your verdict should be 'uot guilty.
The plea of selfdefence, gentlemen, is
founded on the idea of necessity: that
is, that it was necessary to take the
life OF a fellow man to save ones own
life or to avoid serious bodily harm.
For the defendant to establish his
plea Of self-derence he must satisfy
you, gentlemen, of four things, not
beyond a reasonable doubt, but by the
preponderance Of the evidence. Rem
ember, that he must satisfy you, not
beyond a reasonable doubt, but by the
preponderance Of the evidence Of four
things: First, that he was without
fault in bringing on the difficulty; Sec
ond, that ne believed at the time that
he was 10 danger Of receiving serious
bodily harm or losing his life, and
that it was necessary TO take the life
of his aSSailant.
'He must go further and show you
that a reasonable man, i man OF ordin-
ary hrmness, courage, prudence and
reason, Stituued as he was, would have
come to like Conclusion. Now,
gentlemen, the question is, not what
you would have done, or what | would
have done, but The question is, what
would man Of ordinary irnneSs and
reason and prudence, what conclusion
would be have reached?
Fourth, that he had no other
probable means of escape.
IF be has shown these four things
to your satisfaction by the preponder-
ance of the evidence, then his plea Of
self-defense is established and he is
entitled to an acQulJtal at your hands.
Now, gentlemen. what's prepond-
erance of the evidence? 1t means
the greater weight of the evidence.
1t is usually illustrated thus: If you
put the evidence il favor Of the plea
in one pan OF the balance and the
evidence against the plea in the other
pan of the balance, and the evidence
in favor Of the plea bears down the
testimony against it, it outweighs, it
preponderates, and the plea is eStab-
liShed
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21

constitute murder. it must be cone
with malice atorethought ana that
may be either expressed or Implied.
l have just told you what expressed
malice is.
Now. implied malice IS such as
the law in!er> or lusplle> from the klll
Ing itself. 1.-The killing is proved.
AND II. ne of the attendant clrcum-
stances, tmen the laws lIferS "r pre-
>uneS that the killing wa> done With
malice aforethought. That is what is
meant when We speak OF implied NAL
ice. but. gentlemen. when all If the
circumstances attending the killing
are related 10 You. you have 90 right
then to infer anything. you must look
at those circumstances as they are de
tailed to you by the witnesses. aud
from those circumstances you must
say whether or not the killing was
done with malice atorethoaght.
IN WHAT MANSLAUGHTER CONSISTS.
Manslaughter is the killing of
human being in sudden heat and pas
sion and upon sufficient legal provo
cation. This, gentlemen, is said to
be one of the charities OF the law. In
its tender gegard for the fraiiities OF
our nature it recognizes the fact that
under certain circumstances we are
liable to be so far transported beyond
ourselves that We act from passion
and not from reason. When one is
suddenly thrown into passion or
transported beyond himself, reason
loses it's sway and he acts from pas
sion. II be has sufficient legal provo
cation for that passion then the law,
in its mercy, says that is not murder,
but manslaughter.
L will Gail your attention to the
fact that if sufficient time elapSeS BE-
tween the receiving Of the provocation
and the act Of killing to enable the
blood to cool, to enable passion to sub
side, to enable reason TO resume its
away, then the law says blood must
cool, the passion must SubSide, reason
must assume its away ard holds the
man to as strict an accountability as
If be had not received the provocatic2
In this case your inquiry will be.
has y. G. Gonzales been killed? Did
James Fl. Tillman kill him? II So, un-
der what circumstances was the kill
ing done? Was the killing feloniouS,
such as the law Furnishes for: If so,
under what circumstance was the
killing done? Was the killing faloni-
Gus, such as the law punisheS for? If
so, was it murder or man slaughter,
or was the killing eXcuSa5le? These
are the questions you will ask your
self.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21
JUDGE GARY'S CHARGE.

Mr.. Foreman and Gentlemen Of
the Jury: l congratulate you upon
the approach Of the end of this trial,
which has consumed so much Of your
time. 1t has required Of you patti
ence, endurance anu self-sacri6ce. I
am glad to say that you have met the
eXactions in manner to be highly
commended. and when you return to
your respective homes you may enjoy
the satisfaction which comes from a
sense of duty well performed.
Gentlemen, the trial has reached
that stage when it is my duty to
charge you what conceive to be the
law Of homicide. This ] shall do as
plainly and briefly as l possibly can,
and if, in what shall have to say to
you, you should conceive the idea that
l intend to express or intimate to you
any opinion upon the facts, beg that
you will dismiss such idea from your
minds.
The Constitution of the State for
bids me to. express or to intimate to
you any opinion upon the facts and
do not intend to do so: The facts are
exclusively for your determination.
You tpd the facts and apply them to
the law which 1 give you and hnd
your verdict accordingly.
The defendant. James 81. Till
man, stands charged by the State OF
South Carolina with the murder Of n.
G. Gonzales.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21

constitute murder. it must be done
with malice atoreti.ought and that
may be either expressed or implied
have just told you what expressed
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21

After the jury filed into the Court
room and took seats the situation was
critical and the stress intense. Every
one seemed to be expecting something,
and every one knew what that some
thing was, but Mr.. Thurmond's asso-
ciateS had not come ilto the Court
room, and he was asking that the
Court wait until they arrived.
The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-21

Judge Gary finally broke the strain
by saying that he saw no use for
furthur delay, as the wait involved an
unnecessary strain. with this, Mr..
Koon, the foreman of the jury, arose
and handed the Indictment to Mr..
George, the clerk of the Court.
lone minute" Mr.. Clerk, said
Judge Gary: Sheriff, if any one in
this Court room makes any demon
stration, or if there is any violation Of
the rules of Court, you will make a
prompt arrest and bring the party be-
fore me, and I will deal with the case.
There must be no demonstration in
this Court. /"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Barbarous.
Wiping the gore
from his glittering

Wiping the gore
from his glittering
weapon the des-
perate loo k i n G
young man seized
a piece of cloth
and removed as
well as he could
all traces of his
h or i b lie work
from the face Of
his victim.
T h e n h c
Strengthened him.
self up, pushed
t h e u n h a p p )
wretch away from
him and in a voice
of thunder callac
! out:
"Next.ss
He was the ap,
prentice.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
THE CAUSE OF THE BREACH.
Mabel-And did your grandfather live

She was the angel of the street
SO fairyliSe and shy and sweet.
always stopped to scan her face
And catch the dawnings of new grace.
Sometimes 1 brought her sweet or
flower
And treasured for a pleasing hour
The smile she gave to me in thanks.
But, ah, true friendship seldom sticks!
You see, I'm thirty; she is six.
And how she got the garden hose
Is something that nobody knows.
But came by. What did she do?
She calmly soaked me through and
through.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Hardened.

IF any man call
ed me a thief, l
should resent it at
once"
My dear young
man, you will be
wiser when you
grow older. 1 have
been called a rob-
Der 1892 times in
one afternoon and
never paid the
slightest attention
to it."
Are you a high
wayman. sir?"
mo, sir, I am
an umpire ~ arr
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
M aybe.

Wallace Il see
that the aeronauts
h a V e discovered
that a wornan's
voice ascends to
twice the height
attained by mans.
| Ferry-I wonder
If that is the
reason so many
men let their
wives do all the
praying?
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Baseball Again.

Martha w / t h
paper) What a
horrible death!
Reuben = What
is?
Martha 1t seq
here, " NJ u r p h y
tried to stop a fast
liner, but it went
through him. and
it doesn't say
whether the cap
tain of the liner
was arrested OF
not.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
PoIiteness Pays.

did you sue
coed in borrowing
that $40 from
Thomas ?"
mo. But I want
to say that he is a
mighty fine fell
low. Thomas is.
He didn't let me
have the money,
but he thanked
me most effusive-
ly for having done
him the honor to
ask him."
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Right.

Examining At
torney - If either
counsel should say
to you that cir
cunstantial evil
dence unsupported
by direct testi-
mony could in no
sense decide the
trend of the ben
eft of the doubt.
what would you
un der S t a n d by
that?
Talesman That
he did not want
me on the jury.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
His Plea.

Judge-You say
you were ailing
and for that rea-
son you stole?
Prisoner = Yes,
sir. 1 was feeling
| poorly, SO 1 took
something for it.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
So He Ought.


Jack = Yes, he's
only a cigar max
er, but he has a
very fertile mag
ination.
Tom Then he
ought to be able
to produce some
thing b e S i d e s
weeds,
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Discouraeing,

You can't get
Bloober to make
another address
at a funeral"
why not p
He wrote a
little notice of his
last effort in that
line and said that
Mr.. Bl o b er s
panegyric w a s
much enjoyed :"
yes"
"The intelligent
compositor got it
'paregoric.' F"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
LII ON HIS FEET.

Little Teddie-Did our baby come
right to us from heaven?
His Mamma-Yes. darling. Right
straight down.
Little Teddie-I guess he must "a lit
on his feet, and that's what makes him
so bowlegged.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Better Fed.

Professor Gam
grily) Y o u n g
man, you are bet
ter fe d t h a n
taught.
Pupil = G u i t e
i i g h t, sir. My
father feeds me.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Facts.

Clara = Young
Sloboy is awfully
a b s e n t minded,
isn't he?
Isabel = Absent
minded isn't the
proper term. He's
absolutely think
less.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Domestic Cruelty.

80 Mrs. Bilker
has got a di-
vorce?"
Yes. She dis
covered that Mr..
Bilker had been
hiding his small
change e v er y
night under a
flowerpot in the
back yard"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
THE TERRIBLE KID.

It may be true that love is blind"
BY my loves got f
A little brother who, we find,
Is surely not.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Sudden,

The Persistent
Suitor desperate
ly)-This is the
last time l shall
ever ask you to be
my wife.
ooh, this is so
student"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
A CHRISTIAN MAIDEN.

kissed her lightly on the cheek.
Her face blazed up, as could see
j thought in scathing term she'd speak
She turned the other cheek to me!
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
BLAN KS.
He gave hi

He gave his wife check in blank. Il
All on summer day,
And when he next heard from the bank
There was the blank to pay!
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Rich.


Once upon a
time a goat, who
was about to par
take Of a poster,
bethought him to
observe the trend
of the jest which
it was designed to
depict.
"Ha, ha," he
laughed, "ha, ha.
That's pretty rich.
l guess I'd better
not eat it, with
this touch of in
digestion I'm hav'
ing"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
AWAITINe AN OPPORTUNITY.

Nagleigh-I have not spoken to my
wife for three weeks.
Tagleigh-What are you sullsing
about?
Notwithstanding! My dear fellow,
I'm waiting till she stops talking.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

Maude-Do you consider engagements
binding?
Helen-Certainly! If one didn't there
would be no fun in breaking them.
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
A SURPRISE FOR MAMMA.

| Little Mamma, was you home
when l was born?
Mother-No, darling; / was in Chi
cago.
Little Ethel-Was you s'prised when
| you heard?
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

Largely Supplied.
Are you a man
of family, sir?"
Eyes, sir. My
third son lin : law
moves in today"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

The Reason Why.
your wife does
not seem to i'm
prove in health.
mo. AS fast as
she gains strength
she uses it up tell
ing people what is
the matter witt
her."
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

Miss Stoutleigh-I think the gentle
men in this city are very polite Three
of them got UP to give me seat in the
car today.
Miss Bony--And you took all three.
presume?
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

On His Lap.
She - DON t
make your ]
tired, dear?
He Oh,
They'Is asleel
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01
Home Lessons.

Home Lessons.
"Who is the
man of the hour,
mammal"
+" Y our father,
Dickie. He always
says he'll get up
in a minute, and
then stays in bed
sixty"
Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

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within
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Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1903-09-01

| raj.
I ent
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Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1903-08-07
NEW \
LODGE

A lodge of the Order of the Sons Of
Norway was organized at M. w. A.
hall in thie city last night. The new
lodge was christenied, "Heimdal, -
and starts with good membership OF
the leading citizens of the community
who can claim birthright in the
land of the midnight sun. The order
is comparatively new in this state,
Heimdal lodge being the fourth one
organized. Thirty members were
conducted through the mysteries Of the
order last night The following
named officers were elected and duly
installed:
Ole Serumgard, president
A. Dieseth, vice president.
| A. j. Stade, judge.
DIR. j. 81. Moeller, physician.
Is $. P. Rumlnic, secretary.
Herman Anderson, assistant secre-
tary.
Jens Svee, financial secretary.
:, Thos Lonnevik, treasurer.
Hans Vites, regent.
Jacob Harvick, marshall.
Peter Hogan, assistant marshall.
Kunte How, first guard.
Anton Skardall, second guard.
Ed Hovey, Silver Serumagrd aud
s. Eltrand, trustees.
Devils Lake inter-ocean. (Devils Lake, Ramsey Co., Dakota [N.D.]) 1884-1905, 1903-08-07

Plus X

Rome, Aug. 4.-Cardinal Sarto has
been elected Pope. Cardinal Macchi,,
secretary Of apostolic beliefs, made
the announcement to the vast crowd,
assembled in front of st. Peters. The
new pope at once took the name of
Plus <. Immediately upon the an
nouncement the troops on duty lined
up on the piazza. and presented arms.
At 1910 this: morning:the new Pope ap-
peared upon..the balcony of the basilica
and blessed the populace, amid the
acclamations Of the enormous crowd.
He was heartily. and revsrently re-.
ceived by the populace. Plus x has
been patriarch of Venice before his
elevation to his present position. A
new fisherman 8 ring was used in the
sealing of the election, the former one
not having been found. The new.
Pope was born June 9, 1885, at Resai,
Italy. He has been merely a. parish
priest until he was made patriarch OF
Venice June IL, 1893.
He is writer of no mean a bility,
and powerful preacher. He has al
ways enjoyed great popularity in his
diocese. He is honored by all for his
purity of character. the strict upright
ness of his life, and his liberal ideas
He is modest, agreeable man, highly
cultured. of kind heart and genial
disposition. He has never taken
any great part in the political and
public life of the church, devoting
his time to study and good works.
He was considered among the most
liberal members of the italian episco.
pate and sacred college. The same
Aodesty and humility that has charac-
terized his whole life, marked hit
elevation to the highest position with
in the gift of the church, d.,
4