The Birmingham age-herald., 1903-10-01
DYING WORDS
 ARE ADMITTED State Is Making Out Strong Case
 Against Ti|Iman .HOYT'S TESTIMONY IS PITHY Member of the Columbia States Edi- torlaI Staff Has Tilt With Lawyer. Says Hs Wrote That TlIIman
 Was cowardIy Assassin.

Lexington, S. G, ser lember SO.-During the seven hours devoted today to the trial of James H. Hillman, seven of the states witnesses were heard. Some of the cross-examinations today by counsel for the defense were rigid. The state still has a number of witnesses to be called, and it Is now probable that at least two weeks will be consumed in the trial Of the case.
 pr. B. w. Taylor, who was on the stand when court adjourned yesterday, con cluded his testimony this morning. In answer to a question by counsel for the state. he said the operation was necessa- ry to prolong life. After an examination of the wounds. he entertained no hopes for the recovery of MT. Gonzales.
 At the beginning of the trial today only a few spectators were present. pr. B. w. Tast5}. one of the Columbia My sicianaf @ko assisted in the operaapn perfo ned on N. G. Gonzales, resumed his testimony )
 Had No Hopes.
 MT Gonzales was under the influence of an anesthetsc and on the 'oRerating table when the doctor first saw him at the hospital. He said he had no hope of the patients recovery after he ex- ryntned the wounds. The witness was questionel fat i9me length relative to the stimulan.}p administered to MT. Con zalag, thelfe purpose and effects.
 Br. F. II. Mcintosh, the next witness, said he rode in the ambulance with MT. Gonzales to ihe hospital after the shoot ing. and that they were alone in the ambulance. fess
 Asked if Ganzales said anything to him on the way 70 the hospital the doctor said GonzrIss looked about the ambu- lance to see if they were alone, and asked him to say frankly If he was mor- tally wounded. Witness said he told him he was afraid he was and that Gonzales said "Yes, I think the fellow got me-
 The doctor then told of the course of treatment pursued, and said he believed death to have resulted from the gun shot wounds.
 Hoyt on the Stand.
 J. A Hoyt, of editorial, staff of the Columbia State, saw MT. Gonzales in the State office about fifteen minutes after the shooting He was then suffering in tensely. witness said. but rallied. He was with him continuously then until he was removed to the hospital
 Did he say anything about his condi- tion?" asked the solicitor.
 ssYaa ha said bp vyas afraid hp WOuld die before his wife got there" witness replied.
 Asked if Gonzales made any statement to Him. MT. Hoyt said he had told him all about the shooting.
 Objection was raised by the defendant to the admission of the statement which MT. Hoyt said MT. Gonzales made to him regarding the shooting, and lengthy argument ensued. Counsel for Mr. Till man contended that 1t was not competent claiming on testimony of Dr. Griffith, who said Gonzales smiled when he (Dr. Griffith) gave him some encouragement after administering morphine. The ques- ton then arose as to the precise time when this occurred and especially with reference to the time the statement made by Gonzales to MT. Hoyt and to the wit ness preceding MT. Hoyt, w. c. Wallace, a compositor in the State office. Counsel for the defense insisted that the state ments testified to as having been made by Gonzales relative to his condition showed apprehension and not conviction that he was going to die.
 WalIace's Testimony.
 The testimony of M. c. Wallace, com positor on the State, who preceded MT. Hoyt on the stand, was to the effect that MT. Gonzales told him, while lying in the Gtafa at fnU tn hn of feet that he could not live. Judge Gary in ruling that the state ment which MT. Hoyt said Gonzales made was admissible, held that all the require- ments of law relating to the admissions of dying declarations had been met The defense then objected to the introduction of a verbal statement If there were any written statements made by Gonzales. When court reconvened MT. Hoyt tes- tified that MT. Gonzales made the follow ing statement:
 He said that he had left The State of flee to go to dinner; he was walking along Main street towards the state capitol and he got nearly to the city railroad trans fer station when he saw Jim Tillman coming from the capitol with two men, whom he did not recognize; he said there were several persons standing around the corner and that he saw at the first that
  kept on the course, and to avoid them. he cut diagonally across the pavement to- ward the corner of the transfer station, and as he was going across he saw Till man draw large pistol and shoot.
 He said he turned and faced him and exclaimed: Shoot again, you coward; you have killed me"
 Took Him at His Word.
 Gonzales looked Tilman in the face and Tillman held the pistol toward him but did not shoot; he said that then some men ran up and helped him. He said that just about the time Tillman shot, Tillman exclaimed q have done what vou said" or T have taken you at your word,' or something like that.
 MT. Hoyt was questioned on cross-ex- animation by Mir Nelson as to his feel ings towards the defendant.
 "Your feelings toward him are very bit- ter aren't they? Don't you feel very re- vengeful about him?"
 "WelI, 1 don't think I harbor vengeance against anybody"
 "Well, express your feeling" said Mir. Nelson.
 .I felt very indignant toward the man who had killed my best friend, and I sup nose if 1 harbor vengeance toward any body it would be toward him." replied the witness.
 (Mr. Nelson continuing)-After the kill ing did not you write in the harshest