The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-10-06
trusted to the keeping Of twelve of
her citizens.
VICTORY FOR EACH SIDE.

|
| VICTORY FOR EACH SIDE.
LII the continuous contests which
have been carried on upon each
| point as 1t was raised, both sides
have gaineu an important victory.
| The prosecution secuted lhc adj
mission Of Mr.. Gonzales dying
statements, mad" 70 Mr.. JAS A.
| lloyt at The State Office and 10 the
physicians at the hospital. The
statements appeared iii the evidence
OF the witnesses printed in the last
ISSUE of The Herald and News.
The defense fought hard to have
these statements ruled out. 1t
claimed that when thc dying state
mcnt was made by Mr. Gonzales to
MI. lloyi III the State office, imme-
d1atclv after the shooting when Mr..
Gonzales had been carried there NOR
tally wounded, that Mr.. Gonzales
had been told by one of the physi-
clans, DIR. L. A. Griffith, that he
was better, and Mr.. Gonzales
smiled, showing that lie entertained
hope for recovery. That after
this, hope revived in his mind, he
having consented to an operation
which he would not have consented
to and which the physicians would
not have performed had there been
no hope whatever. The defense
also III its cross examination at
tempted to prove that Mr.. Gonzales
when he made his dying statements
had been given morphine in suffi-
cient quantities to cloud his mind.
And III this way the defense argued:
That II Mr.. Gonzales had hope ut
the time he made his dying declar-
alton, that declaration was not adj
Ill ssiblc. That if death did not
occur Immediately, even if he had
no hope, the declaration was not
admissible. That if hope was re-
vlVcd subsequently, even if Mr..
Gonzales thought at the time there
was no hope, then the declaration
was not admissible. The State
took the ground at the time the
declaration was made Mr. Gonzales
had no hope, and this fact alone
was sufficient to admit the declara-
ton. The declaration was adj
mitted under the ruling of the court
on dying declarations, which ruling
was printed in full in the last issue.
VICTORY FOR THE DEFENSE.
At 81 OH Saturday morning
the State announced that it had no
more witnesses ready, but that it
would probably have two on Tues
day-Capt. Black, in the hospital
III Augusta, and man who was
sick i'll an adjoining county. The
State asked that it be given time to
secure these two witnesses
The defense objected, counsel
saying they had a witness whom
they desired should testify that
morning, Miss Roper, from New
York. That if she did not get back
to New York by Monday (today)
she would lose her position in one
Of the hospitals III New York, her
leave Of absence being limited.
The State objected to having it's
evidence broken into.
Judge Gary ruled that if the
State had no more evidence it must
rest, and if the State had no more
evidence that morning the defense
could begin IFS evidence, putting up
Miss Roper. However, that the
Statc Would DE allowed to put up
two witnesses OH Tuesday if it is so
desired.
LITTLE INTEREST IN LEXINGTON.
There have been few Lexington
county people i'll attendance upon
the trial At no time has the small
court house been uncomfortabIy
crowded and at times the crowd has
| dWindled to a mere handful. Attor-
neyS and newspaper men have been
III the majority.
TIII.MAN'S WIFE AND MOTHER.
n1, L., 4