The Laurens advertiser. (Laurens, S.C.) 1885-1973, 1903-10-07
Mrs. MeltOn's Remark
ably Clear Account
Of the Shooting.
RECESS UNTIL TUESDAY.
The Iofus, cution Vefy
Merry Ready to
Rest.
DEFENSE'S FIRST WITNESS
TESTIFIES BY CONSENT
by w. w. Hall.
WEDNESDAYS PROCEEDINGS.

WEDNESDAYS PROCEEDINGS.
Lexington, Sept. 30.-When the court
adjourned at $50 this evening, three
days, the half of one week. had been
consumed in the Tilman case. The
dying declarations of Mr.. N. G. Con
zales, after opposition by the
counsel for the defense. were admitted
as competent evidence, and the VII
nesses swearing to them were IN part
heard.
Progress, much progress, has been
made, out it is a big trial-a great triai
OF countless phases and endless detail,
and the close of it is far away, so far
as to defy calculation or even predlc-
ton.
The forensic combat between the law
yers centered today around the ad-
instability Of the dying declarations
statements which he aw admits as
competent evidence on the theory that
this recognized imminence of death by
the maker supplies the solemnity or the
oath In open court, face to race with
the accused.
The court room presented the scenes
now familiar to those who have at
tended the trial-the usual
lively small number of spectators, the
prisoner, the witnesses, the groups or
counsel all intent on every utterance
and move in the contest, the prisoners
family and kindred and the acting
Judge uniformly affable and patient
amid the continuous sparring OF the
lawyers.
MI. Gonzales Condition.
After DR.. Taylor's testimony, com
menced the day before. was concluded
in the morning, the State introduced
a succession of witnesses to establish
the mental attitude of Mr.. Gonzales
: preparatory to the Introduction of his
declarations. DIR, James III. Mcintosh
testified that he was cool, calm and
collected, as much so as any man 1
ever saw in a condition so grave"
DR.. Mcintosh rode with him alone
In the ambulance to the hospital. Tell
me. doctor, frankly, am 1 mortany
wounded?" the witness swears that the
sorely stricken gentleman inquired. Il
am afraid that you are, Mr.. Gonzales
the doctor replied, and Mr.. Gonzales
responded, II thought the follow got
me-" and covered his face. Such, sub
stantially, was the laconlc but pro-
foundly piteous story of this witness.
NJ. C. Wallace, foreman of The State
company job office. recalled, told that
Mr.. Gonzales, as he lay PROSTATE in
the business office of The State. the
witness kneeling beside him, holding
his hand. said: "This is my death; 1
am shot through the stomach, and can
not live"
The Dying Declaration.
Then Mr.. Jas. A. Hoyt. Jr., the as
sistant editor of The State now and
at the time of the shooting. vas for the
second time called to the stand. He
related how. when he reached his
wounded friend and chief and, like Mr..
Wallace. knelt beside him, Mr.. Con
zales said: 81 was afraid that / could
not live until my wife came" Mrs.
Gonzales had left a short time before.
Replying to questions, Mr.. Hoyt was
about to disclose Mr.. Gonzales state
ment OF the assault then given to him,
when Mr.. Croft. the prisoners leading
counsel, was instantly on his feet to
object. The long. ~stubbornly main
tained argument over the admissibility
OF the statement followed, consuming
perhaps two hours. The defense relied
for the most part on the testimony of
DIR. u. A. Griffith. 1t was developed
tween the interviews of Messrs. Wal
lace and Hoyt he had administered res
toratives to Mr.. Gonzales. that he had
spoken cheeringly and hopefully to
This. contended the defendants
sci, with great vigor and emphasis,
betokened that the belief in impending
death had left Mr.. Gonzales mind be-
fore. he spoke with Mr.. Hoyt. Early
In the course of the argument Judge
Gary clearly indicated the n of his
intention to admit the statement, and
apparently was about to so rule. Mr..
Croft and Mr.. Nelson had argued the
objections and the solicitor had re-
piled. Mr.. tombstone rose and asked
to speak before the decision was rem
dered. There was a misunderstand-
ing as to the terms of DIR. Grihith's
language and his recall to the stand
was discussed. The facts were agreed
upon without this. the Judge waiting
with his usual induigent patience.
Mr.. tombstone spoke with force and
at length. holding that the incident in
the ambulance described by DR.. Nc
Intosh indicated Mr.. Gonzales first
certain apprehension of coming death.
Mr.. Bellinger replied. contendlng that
h.s remark 10 MIR. Wallace. coupled
with his remark to Br. Hoyt, showed
that he was fully conscious Of his o n
dition and that the Smile" mentioned
by DIR. Griffith was merely a courteous
recognition of the Doctors kindly in
terest.
Mr.. Crawford followed, emphasizing
this position n arguing the law as
applying to the situation created by
the testimony.
Mr.. Buchanan replied, citing authori-
ties for the d~efense's contention and
the solicitor cited others contra. Every
phase of the law OF dying declarations
seemingly was elucidated but his honor,
when he came to rule. had evidently
not been moved from his original clear
view OF the law. The law on this
subject is we'll settled in this State
applying 1t to the facts. 1t is suni-
GENTLY established by the doctors and
other witnesses that Mr.. Gonzales was
in extremis m unprecedented immf-
nent death when he spoke with Mr..
Hoyt. SO the statement will be adj
The Afternoon Session.
The dinner hour had arrived and a