The Birmingham age-herald., 1903-09-30
Good Speed Made in Trial of
 the Fornnr Lieut. Governor
PHYSICIANS ON THE STAND
A. E. Gonzales, Brother of the De- ceased Editor, Says Relations Be- tween N. G. Gonzales and J. H.
 TiIlman Were Not Pleasant.

Lexington, S. C., September 29.-Good speed was made today in the trial of former Lieutenant Governor James H. Tillman, who is charged with the mur- der of N. G. Gonzales, editor of the State A large number of witnesses were examined today. The crowd of specta- tors was not as large as yesterday
 Mrs. J. H. Tilman and the defendants mother occupied seats within the railing throughout the day. One line of exam ination pursued today by the state was with a view of laying the foundation for introduction of dying declarations. Four of the physicians who participated in the operation on MT. Gonzales after he was shot were on the stand today. Dr. Curry. Dr. Pope Dr. Taylor and Dr. Griffith, all of Columbia. Much of the testimony of the physicians was technical.
 Ambrose D., Gonzales, publisher of the State and a brother of N. G. Gonzales, was called to the stand when the solici- tor offered .n evidence the files of the State for the year 1902, the purpose as announced by counsel to introduce the editorials in the State newspaper, of which N. G. Gonzales was editor, from July 1, 1902 to December 31, 1902. The editorials in question are in relation to James H. Tillman Reading of the edi- torials was postponed so that counsel for the defense might read them first.
 On cross-examination, MT. Gonzales was asked by counsel for the defense:
 Relations Not Pleasant.
 'The relations between your brother and MT. Tillman have not been pleasant for some years, have they?'
 He replied they have not been pleas ant"
 MT. Gonzales was asked, on further cross-examination by the defense, if he had not heard his brother press him. srit in donunoiatory languaFe T reaard to MT. 1illman, to which the witness re- piled:
 T cannot say I ever heard him use such language in the office. I think ev- erything he said, not everything he knew or believed, but everything he said to his relatives or friends, he said in the State newspaper so all the people could know.
 In reply to further questions MT. Con- za,es said he could not say that he knew his brother to have entertained bitter feel ing towards J. II. Tillman. nor could he say that he knew his brothers feeling to- ward the defendant to have been hostile.
 w. B. Gauz, a member of the legislature from Florence county was asked If he had heard MT. Tillman when he met him in columbia during the last session of the legislature, say anything about MT. Gonzales editorials, to which the wit ness replied that he met Tillman on the street and when some one asked Col. Tillrlan where he was stopping he rel pli ed:
 T don't know that am stopping any where. I stuck those editorials of the State in my pocket and told my wife must stop at the penitentiary before I left there"
 Did Not Take 1t Seriously.
 On cross-examination the witness said he did not take the remark seriously. It developed during the examination of pr. Pope, who followed Dr. Guerry on the stand, that the state was laying the foun- dation for dying statements by MT. Con- zales. Under objection the statement by Dr. Pope that he heard Mir, Gonzales say 'I am killed" was admitted, but the court said later that when ruling on other questions, he would let it stand or instruct the jury to disregard.
 The defense objected to all the testi- mony relating to the carrying of a pistol by the defendant prior to the shooting unless 1t could be shown that there was connection between the carrying at that time and the shooting The court admitted the testimony with the provision that if it was not developed that it was com potent the jury would be instructed to disregard it.
 When the trial was resumed today the state introduced the testimony of physi- clans. Dr. Guerry, the first witness called, attended MT Gonzales after the shooting and performed the autopsy He described the location and character of the wound.
 During the examination of Dr. Pope the jury was sent out, while counsel argued as to the admissibility of evidence sought to be introduced as statements made to him by MT Gonzales. Solicitor Thur mond said he was laying the foundation for the introduction of dying declara- ton.
 Dying Statement Admitted.
 After a lengthy argument by counsel the court decided to admit the statement made by pr. Pope that MT. Gonzales stated T am killed" immediately after the shooting. The jury was brought in to hear the statement The files of the State containing reference to the defend- ant were placed in evidence Ambrose F. Gonzales, president of the State Publish U. zales, was questioned by the defense on cross-examination as to the relations be- tween Tillman and his brother. When asked if he had heard his brother make derogatory statements regarding Mr Jillman, MT. Gonzales said that what his brother had to say was said in his nevs- paper.
 w. P Steiglitz. a gunsmith of Colum- bia, when shown the automatic pistol which had been exhibited during the trial. said that a call had been made upon him the day before the shooting for maga- zine for a pistol like the one shown to him on the stand but that not having any in stock he repaired the old one. which was called for on the morning of the day of the shooting.
 pr. g. T. B. Lancaster member of the Legislature from Spartanburg. testified that he saw a pistol in Mir. Tillman's nocket on the day previous to the shoot ing. Two boys. c. V. Zimmerman and Francis Smith. swore that they saw a pistol in Tillman's hip pocket on January 13, two days before the shooting
 IT. G. Arthur of Edgefield. said he saw the defendant in Edgefeld some time last October He testified today that he was going into a livery stable there when he passed Col Tillman and another man who were talking together He said he heard