The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-01
And Repeated by Physicians
at the Trial.
SEVEN WITNESSES HEARD
The State Has Still a Number to Testify--Some
Of the Cross-sxamuatons Rigid
The Trial May Last Two
(By the Associated Press


Lexington, S. c.. Sept. 30.-DUring the
seven hours devoted today to the trial of
James H. Tillman, seven of the States
witnesses were heard. Some of the cross
examinations today by counsel for the
defense were rigid. The State still has
number of witnesses to be called, and it
is now indicated that at least two weeks
will be consumed in the trial of the
case.
DR.. B. w. Taylor, who was on the
stand when court adjourned yesterday,
concluded his testimony this morning. In
answer to a question by counsel for the
State, he said the operation was necessary
to prolong life. After an examination of
the wounds he entertained no' hopes for
the recovery of Mr.. Gonzales. Much of
his testimony was of technical nature.
Mr.. Gonzales was under influence of an
anaesthetic when he first saw him at the
hospital.
Dr.. j. H. Mcintosh, Columbia physi-
clan, said he saw Gonzales in the office
of The State, after the shooting, and that
lie rode with him in the ambulance from
the office to the hospital Theey We're
alone in the ambulance, he said.
Asked by the solicitor if Gonzales said
anything on the way to the hospital, the
witness said Gonzales looked about to sec
if any one else was present, then said
that he wanted witness to say frankly if
he was mortally wounded. Witness said
fe told Gonzales that he was afraid he
was mortally wounded. Gonzales then
said. the doctor testified:
Yes, think that fellow got me-
TIE doctor then tod of the course Of
treatment pursued.
Witness was asked as to the mental
condition of Gonzales from the time he
first saw him up to the time he was
placed under an anaesthetic at the hos
pital. He replied that Gonzales was calm
and clear in mind.
]. a. Hoyt of the editorial staff of The
State, said he saw Gonzales in the office
of The State soon after the shooting. He
was continually with Gonzales until he
was carried to the hospital. Mr. Hoyt
was asked if Gonzales said anything to
him at that time relative to his condi-
ton.
YES" said the witness. "He said after
his wife had left that he was afraid he
would die before his wife got there
The witness was then asked if Gonzales
made any statement to him at that time,
the witness replying that Gonzales had
told him about the shooting. Objection
was raised by the defense to the ad1nls-
sion OF the statement and lengthy argu
ment lasting for about two and half
hours ensued. The defense contended
that the statement was not admissible as
a dying declaration, dwelling on the test
mony of DR.. Griffith, one of the physi-
clans who assisted in the case, and who
had testified that Gonzales smiled when
he gave him some encouragement as to
his condition, when he was in the office
or The State
Counsel for the State contended that the
testimony of witness showed that Con
zales believed death to be imminent.
The testimony given by M. c. Wallace,
compositor on The State who preceded
Mr.. Hoyt on the stand. was to the effect
that Mr.. Gonzales told him while lying
in the office of The State something to
the effect that he could not live.
1t was not until within four minutes Of
the hour for the midday recess-1:3O p. m.
that the arguments were concluded and
ruling made by the court. Judge Gary
decided that the statement which Mr.
Hoyt said Gonzales made TO HIM was ad
missible, holding that all the require
ments of law relative to the admission of
a dying declaration had been met The
defense then objected to the introduction
of verbal statement if there were any
written statements made by Gonzales.
When court reconvened at p. M, Mr..
Hoyt proceeded to give the statement
Mr.. Hoyt then said Mr.. Gonzales made
the following statement to HIM;
He said that he had left the State
office to go to dinner he was walking
along Main street towards the State Cap,
itol, and he got nearly to the city railway
transfer station when he saw jim TIL
man coming from the Capitol with two
men whom he did not recognize; he SAID
there were several people standing around
the corner. and that he saw If he kept
on his course along the edge OF the pave
ment he would brush against these men,
and, to avoid them, he cut dlagonaliy
across the pavement towards the corner
to the transfer station, and as he was 60
ing across he saw Tillman pull a big pistol
and shoot. He said that he turned and
faced him and exclaimed: Shoot again,
YOU coward. You have killed me- He
looked TiIlman in the face and Tlllman
held the pistol toward him. but did not
shoot. He said that then some gentlemen
ran up and helped him lie said that
lust about the time Tilman shot, Illlman
exclaimed. L have done what you said, or
I have taken YOU at your word, or some
thing like that
The statement he said was made about
half an bour after the shooting. Mr. Hoyt
was questioned on ss-examlnatlon by
Mr.. Nelson as to his feelings toward the
defendant -,
Your feelings towards MIN are very plO-