The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1884-05-02
THE TILToN MURDER.
Decision of the Supreme Court as 10 II
production of Certain EYideuee

Decision of the Supreme Court as 10 In
PRODUCTION of Certain Evidence.
CONCORD, N. H., May 1.-THE Supreme Court de-
oided this afternoon that the statements made by
Tilden the victim in the Pittsfed shooting case,
when he felt death imminent, could be introduced
by the prosecution as his dying declaration. The
judge also found that matter of fact the remarks
made to several witnesses by the deceased the
night Of the shooting concerning the circumstances
attending the affair, were uttered when he was in
Grtculo mortis, and were, therefore, admissible as
dying declarations. Counsel for defence excepted
to the finding, ana lengthy discussion occurred
to whether more than one Of the persons to whom
Tilton narrated his version of the shooting, and
could testify before the jury. The Attorney General
claimed that all the Evidence properly receya-
Bile and being but statement; while the lawyers
for the respondent asserted that the court would
allow dead man to relate his version Of the affair
if alive but witness could be permitted to mar
rate his account of the shooting. The point raised
being an entirely new one the court took it under
advisement and will announce its decision tomor-
row. The jury, who had been excluded from the
for nearly two days, on account the discus
sion before the of the admssibility of Tltons
dying declarations, we're brought into the and
the introduction of evidence before them commenc
ed The first witness called by the prosecution was
DR.. j. Wheeler of Pittsneld. He testified that Ma
called him to ilton on the afternoon of the
shooting He came for me in great haste. found
Tilton in feeble condition. suffering from round
in the left breast below the nipple. The ball pass
ed through the left lung and lodged under the tenth
I'D III Ine Ddcks Wnon ne TalDeQ suu0l6nbly 0X-
tracted the bullet. CThe bullet was produced and
shown to the jury. Tilton recovered gradually
til May 18th; he then began falling and so contin-
ued until he died May 14th. L was present when
Drs. Conn, Crosby and Walker made the post NOR
tenn examination. 1t disclosed that death resulted
from secondary hemorrhage.
On cross-examination, witness said he never saw
person more anxious than Mason (the prisoner)
to have him 60 to see Tilton, when he came for
him.
Dr.. Granville P. Conn of Concord. testified that
he assisted at the post norton May 18TH 1888
The examination disclosed the track of pistol shot
through Tilton's left lung. There was roughness
on portion of the tenth rib, as if it had been
struck by something. We removed it. part of the
lib was prouuced). Death was the result of gum
shotwound through the left lung, which caused sec
oRdary hemorrhage.
Dr. Albert H. Crosby of Concord, who SISTED to
make the post mortem fully corroborated the testi
mony of the preceding witness.
DR.. Charles r. Walker of Concord who made an
examination in addition to the corroborating evil
denee of che two preceding witnesses, produced
skeleton and demonstrated to the jury the place of
entrance, the course through the body and the
point in the back from which the ball was extract
cd.
The court then took recess until nine O'Clock
tomorrow morning.