The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-07

piled that he did not know that hi:
brothers feeling were bitter Or hostile
towards Tillman.
The witness said his brother has alb
solute control OF the 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 haC
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
torials There was no occasion for n
G. Gonzales to express his opinions tC
the witness. 1t is poss bic, however
that he might have said to the witness
privately that Tillman was a thief, a
liar, and debaunchee.
TOOK HIS PISTOLS.
Chief of Police DAILY of Columbia sale
Tiilman was delivered into his custody
on the day of the tragedy. Wher
Tillman arrived in the police station
Policeman Boland had one pistol be.
longing to Tillman, and witness took
another from the prisoner, getting il
from Tillman's hip pocket. He saic
that he could not recall whether
Tiilman had voluntarily given him The
pistol or not. He may have intended
to offer it, but the witness tooA it from
his, hip pocket. Deputy Sheriff Cath.
cart identified Tillnan's pistols and
said that he had turned them over tC
the clerk of the court. This testimony
was adduced TO get the pistJls in evi'
dence
GOT THE PISTOLS FIXED.
W. F. Seights gunmaker of Colum,
bias was put on the stand and was
shown the magazine pistol owned by
James H. Tillman. It 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 ii on the morning
OF the tragedy The bullet which had
been previously introduced as evidence.
was shown Mr. Seiglitz and he was
asked to say whether it was OF t: E
same calibre as one that might be
fired from tie pistol with which Till.
man shot Gonzales. He was allowed
to 20 out with the bullet and cart
ridge from Tillman'S pistol in order to
weigh them. When he came back the
lawyers lad much discussion as to
whether or not Mr.. SeiglitZ was an eX-
pert. Judge Gary decided that he
could testify and Seiglitz testified that
the bullet was of the same callbre as
that carried by Tillman's pistol and
could have been fired from it.
SAW HIS PISTOL.
DR. S. T. d. Lancaster, a member OF
the legislature from Spartanburg, tes-
titled that on the day previous to the
homicide he had seen a pistol IN the
pocket of the overcoat of Tillman
The latter was standing on the state
house grounds, near GervalS 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 in Tillman's coat tail pocket. .
W. B. Cause, a member of the fegls-
lature from Florence, was the next wit
ness. He 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, Tillman
said he had not told his wife where he
was going to stop, but that he had told
her that he had putSome Of the States
editorials in his pocket and he might
stay in the penitentiary.
H. D. Arthur. of Edgeield, said thai
last year in the month of October OF
November he passed livery stable in
Edgefeld while Tillman and others
were talking. He heard Gonzales
name mentioned and he heard Tlllman
say, ''if I had some way to get at him. F."
Witness passed on and did not hear
the rest Of The sentence.
THOUGHT HE WOULD DIE.
On Wednesday DR.. James Mcintosh,
Of Columbia. gave in detail the treat
ment administered and said before the
operation Gonzales mind was clear
He asked the witness: Doctor want
YOU TO state to me frankly whether |
am mortally wounded or not. :" The
witness replied that he thought the
wound fatal and Gonzales said, II
think the fellow got me.
NJ. C. Wallace, foreman Of the JOB
department of the State newpaper,
saw Tillman when he shot Gonzales.
When he first saw Gonzales he was
walking as if he was about to turn
from Main into Gervais. He saw Con
zales later in his office, and the de-
ceased had said to witness: This IS
my death. | am shot through the
stomach and cannot live"
MR.. HoYT on THE STAND.
James A. Hoyt, Jr, associate editor
OF. the The State, was the next VIII
ness. He recited 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.
ton. 1t is as follows:
"He said to me after his wife lett
him: I was only afraid that / would
die before my wife got here. -
Then the prosecution sought to get
Mr.. Hoyt to give description OF the
shooting as Mr. Gonzales had given II
to him shortly after the shooting, ano
while the wounded man was yet in the
State office. Col. Croft objected, as
Mr.. Gonzales was not at that time IN
eytrcmis, and therefore this statement
to Mr.. Hoyt as uying declaration
could not be introduced.
Judge Gary ruled that dying decla'
ration must be made while a man was
in extrenis, but still the books do not
declare that he must Gle Immediately.
There are cases where men lived four
and five days after making their dying
and one case where the
deponcnt lived tifty-two days. He held
that if a man realized he was going tc
die, a few days more or less living made
no difference. When a man is in eX.
tremis and makes statement and II
after wards hope is raised in him, the
statement while he was in eXtrenls is
competent. If Mr. Gonzales was in
extrcmis and without hope of life when
he made the statement in the StaIe
office, and afterward he was given
some hope of life, the statement made
II, tho State Office is com Detent