The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-10-07
the files being turned over to the pris-
oner's counsel.

Oner'S cOunSel.
Lexington, Sept. 30.-When the
court adjourned at $50 this evening,
three days, the half Of one week, had
been consumed in the Tillman case.
The dying declarations of Mr.. II. G..
Gonzales, after strenuous opposition
by the counsel for the defense, were
admitted as competent evidence, and
the witnesses. swearing to them were
in part heard.
Progress, much progress, has been
made, but it is big trial-a great
trial of countless phases and endless
detail, and the close of it is far away,
so far as to defy calculation Or even
prediction.
The forensic combat between the
lawyers centered today around the ad
missibility Of the dying declarations
statements which the law admits as
competent evidence on the theory that
this recognized inlminence of death by
the maker supplies the solemnity of
the oath in open court, face to face
with the accused.
The court room presented the scenes
now familiar to those who have at
tended the trieEthe usual compare
lively small number of spectators, the
prisoner, the witnesses, the groups of
counsel all intent on every utterance
and move in the contest, the prison.
er's family and kindred and the acting
judge uniformly affable and patient
amid the continuous sparrlng Of the
lawyers.
After DR.. Taylor's testimony, COM
nlenced the day before, was concluded
in the morning, the State introduced a
succession OF witnesses to establish The
mental attitude of Me-. Gonzales pre-
parato-y to the introduction of his dec
larations. Dr.. James II. Mcintosh
testified that he was cool, calm and
collected, as much so as any man I
ever saw in condition so grave.''
Dr.. Mcintosh rode with him alone
in the ambulance to the hospital.
Tell me, doctor, frankly, am I NOR
tally wounded?" the witnes swears
that the sorely stricken gentleman in
quired. 81 am afraid that you are,
Mr.. Gonzales the doctor replied,
and Mr.. Gonzales responded, 81
thought the fellow got me, F" and COW
cred his face. Such, substantially,
was the laconic but profoundly pite-
GUS story of this witness.
N. G. Wallace, foreman of The
State company job Office, recalled, told
that Mr.. Gonzales, as he lay PROSTATE
in the business Office of The State,
the witness kneeling beside him, hold
ing his hand, said: .'This is my
death; I am shot through the stom-
ach, and cannot live -
Then Mr.. JAS A. Hoyt, Jr., the
assistant editor of The State now and
at the time of the shooting, was for
the second time called to the stand.
He related how, when he reached his
wounded friend and chief and, like
Mr.. Wallace, knelt beside him, Mr.
Gonzales said: 81 was afraid that 1
could not live until my wife came. "
Mrs. Gonzales had left short time
before. Replying to questions, Mr..
Hoyt was about to disclose Mr..
Gonzales statement Of the assault
then given to him, when Mr.. Croft,
the prisoners leading counsel, was
instantly on his feet to object. The
long, stubbornly maintained argu-
ment over the admissibility of the
statement followed, consuming per-
haps two hours. The defense relied for
the most part On hetestimony of Dr..
L. a. Griffith. 1t was developed that
the latter. had testified that between
the interviews of Messrs. Wallace and
HoyG he had administered restoratives
to Mr.. Gonzales, that be had spoken
cheeringly and hopefully to him, and
that Mr. Gonzales had smiled. This,
contended the defendants counsel,
with great vigor and emphasis, beto-
kened that the belief in impending
death had left Mr. Gonzales mind be-
fore he spoke with Mr.. Hoyt. Early
in the course of the argument Judge
Gary clearly indicated the bent of his
intention to admit the statement, and
apparently was about to so rule. Mr..
Croft and Mr.. Nelson had argued the
objections and tie solicitor had re-
piled. Mr. Jobnstone rose and asked
to speak before the decision was rem
dered. There was a misunderstand-
ing as to the terms of DR.. Grifith's
language and his recall to the stand
was discussed. The facts were agreed
upon without this, the judge waiting
with his usual indulgent patience.
Mr.. Johnstone spoke with force and
at length, holding that the incident
in the ambulance described by Dr..
Mcintosh Indicated Mr.. Gonzales
first certain apprehension of coming
death.
Mr.. Beliinger replied, contending
that his remark to Mr.. Wallace,
coupled with his remark to Mr.. Hoyt,
showed that he was fully conscious
of his condition and that the "smile''
mentioned by DR.. Griffith was merely
a courteous recognition Of the Doctors
kindly interest.
Mr.. Crawford followed, emphasizing
this position and arguing the law rs
applying to the situation created by the
testimony.
Mr.. Buchanan replied citing au-
thorities for the defense's contention
and the solicitor cited others contra.
Every phase of the law Ct dying dec
larations seemingly was elucidated,
but his bonor, when be came to rule.
had evidently not been moved from