The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-10-09

towards Tilllnan. ~ 3 o. IS IS t{F!!
\ The witness said his brother has ,ab,.
SOlute control Of tile policy OF the State
newspaper, and Notwithstanding the
relationship between him and his
brother, WHICH were always pleasant,
he could not Say that his brother, had
expressed bitter feelings against Till
man. He may have made bitter re-
marks but. all the witness knew Of his
opinions were derived from his edi-
torals There was nc occasion for n !.
G.lGOlzales to express his opinions to
the witness. 1t is poss BILE, however,
that he might have said to the witness
privately that Gilman was Il thief, a
liar, and u debaunchce.
TOOK HIS PISTOLS.
Chief Of Police DAILY of Columbia said
Tillman was delivered into his custody
on the day OF the tragedy. When
'Efllman arrived in the police station,
Policeman Boand had one pistol be-
longing to Tillman, and witness took
another from the prisoner, getting it
from Tillman's hip pocket. He said
that he could not recall whether
Tillman had voluntarily given him the
pistol or not. He may have intended
TO offer it, but the witness tooi> it from
his hip pocket. Deputy Sheriff Cath
cart identified Tillman's pistols and
said that he had turned them over to
the clerk OF the court. This testimony
was adduced to get the pistsls in eyi-
dencc.
GOT THE PISTOLS FIXED, Gss5
w. L. Scights gunmaker of Colum-
bias was put on the stand and was
shown the magazine pistol owned by
James II. Tillman. 1t had been
brought to him the day before Coma
les was killed to be repaired. 1t was
brought by Fred Dominick who called
for it and received it, on the morning
OF the tragedy. The bullet which had
been previously introduced as evidence,
wasShown Mr.. Seiglitz and he was
asked to say whether it was of t. e
same calibrc as one that might be
man shot Gonzales He was allowed
to go out with the bullet and a cart
ridge from !Tillman's pistol-in order to
weigh them. When he came back the
lawyers had much discussion as to
whether or not Mr.. SciglitZ was an ex-
pert. Judge Gary decided that. he
could testify and Seiglitz testified that
the bullet was of the same calibre as
that carried by Tillman's pistol and
could have been fired from it.
SAW HIS PISTOL.
g.
DIR S. IT. d. Lancaster, a member Of
the legislature from Spartanburg, teS-
titled that on the day previous to the
homicide he had seen IL pistol in the
pocket of the overcoat of Tillman.
The latter was standing on the state
house grounds, near Gervais street.
Witness saw the handle of the pistol
distinctly protruding from the pocket
Of ,Tillman's overcoat. On redirect ex-
animation the witness insisted that he
could not be mistaken about what he
saw Tillman's coat tail pocket.
w. B. Cause, member Of the legis-
ness. Hc said that during the last ses-
sion Of the legislature he met Col.
Tillman in front Of the ''sky scraper,'
in Columbia. 1t was the first day OF
the session. Tillman was In company
with others and when they. talked
about where each WAS staying, T1fimaD
said he had not told his wife where he
was going to stop, but that lie had told
her that he had puttsome OF the States
editorials in his pocket and he might
stay in the pcnitentiary
last year in the month of October. or
November he passcda livery stable in
| Edge1icld' while Tillman and others
were talking. He heard Gonzales
Aforementioned and he heard Tillman
say, "if had some way to get at him. y
| Witness passed on and did not hear
the rest of 5he sentence.
THOUGHT HE WOULD DIE.
On Wednesday DR.. James Mcintosh
OF columbia, gave III detail the treat
operation Gonzales mind was clear
lie asked the witness: ''Doctor want
you 10 state TO me frankly whether l
am mortally wounded or not" The
witness replied that he thought the
wound fatal and Gonzales said, 81
thinlS,thc eTlOwgOt me-
NJ. 9. ATalfacr, foreman Of the Job
department of the State Newspaper,
saw Tillman when he shot Gonzales.
When-he first saw Gonzales he was
walking as if he was about to turn
from Main into Gervas. Hc saw Con
zalcs later in his Office, and the de.
ceased had said TO witness: ':This is
! my death. l am shot through the
stomach and cannot live"
MIR. IIOYT ON TIE STAND.
James a. Hoyt, Jr., associate editor
of the The State, was the next wit.
ness. He rccitcd the scenes in the
State office when he arrived there from
his home. The principal portion OF
his testimony was what Mr.. Gonzales
had said TO him in regard TO his condi-
tiOn. 1t is us follows:
lie said to me after his wife left
him: was only afraid that | would
die before my wife got here
Then the prosecution sought to get
Mr.. lloyt To give description of Jhc
shooting as Mr.. Gonzales had given Ii
to him shortly after the shooting, and
while the wounded man was yet in the
State Office. Col. Croft objected, as
Mr.. Gonzales was not at that time in
eXtrtmiS, and therefore this statement
TO Mr.. Hoyt as a uyinS declaration
could not be introduced.
Judge GARY ruled that Il dying dccla-
ration must be made while a man was
In cXtrcmis, but still the books do not
declare that he must die immeGliatcly
There are cases where men lived four
and five days after making their dying
declaration, and one case where the
dep0nent lived tiftytwo days. Hc held
that il Il man realized he was going tC
die, a few days more or less living made
no difference. When Il man is in OK
tremiS and makes Il statement and il
after wards hope is raised in him, the
statement while he was in cXtrcinis is
competent. If Mr.. Gonzales was in
extrcmis and without hope of life when
he made the statement in the Stalc
Office, and aftcrward he was given
some hope OF life, the statement made
in the State 0lice is competent.