Evening star. [volume] (Washington, D.C.) 1854-1972, 1903-09-30
GONZALES STATEMENT
Fight Over it's Admission at
Tillman Trial.
TOLD TO MR.. HOY T
DEFENSE VIGOROUSLY OBJECTS
TO IT'S ADMISSION.
Question Raised as to Whether Muir
dered Man Thought He Was
Fatally Wounded.

pital He said he had no hope of the pa
| TENTS recovery after he examined the
| wounds. The witness was questioned at
some length relative to the stimulants ad-
| ministered to Mr.. Gonzales, their purposes
and effects.
DR.. F. H. Mcintosh, the next witness,
said he rode in the ambulance with Mr..
| Gonzales to the hospital after the shooting
| and that they were alone in the ambulance.
Asked if Gonzales said anything to him
on the way to the hospital the doctor said
Gonzales looked about the ambulance to
see if they were alone and asked him TO
state frankly if he was mortally Wounded, !1 90
Witness said he told him he was afraid he
was and that Gonzales said: Yes, 1 thlnh
the fellow got me-.
Died From Gunshot Wound.
The doctor then told of the course of
treatment pursued and said he believed
death to have resulted from the gunshot
wound.
]. A. Hoyt of the editorial staff of the
Columbia State saw Mr. Gonzales in the
State Office about fifteen minutes after the
shooting. He was then suffering intensely
witness said, but rallied. He was with
him continuously then until he was re-
moved to the hospital.
Did he say anything about his condi-
tion?" the solicitor asked.
YES he said he was afraid he would ole
Asked if Gonzales made any statement to
him. Mr. Hoyt said he had told him all
about the shooting.
Objection was raised by the defense to the
admission of the statement which Mr..
Hoyt said Mr.. Gonzales made to him re-
gardng the shooting. and lengthy argu-
ment ensued. Counsel for Mr.. Tillman con-
tended that it was not competent, dwelling
on the testimony of DR.. Griffith, who said
Gonzales smiled when he (Dr. Grifhth) gave
1 a6r n tar.
Ing morphine.
Question as to Time Of Statement.
The question then arose as to the precise
moment when this occurred. and especially
with reference to the time the statement
| was made by Gonzales to Mr. Hoyt and to
the witness preceding Mr.. Hoyt. w. c.
Wallace a compositor in the State office.
Counsel for the defense insisted that the
statements testified to as having been made
| by Gonzales relative to his condition show
ed apprehension and not a conviction that
! he was going to die.
Counsel for the prosecution contended
| that the statement which witness Hoyt said
Gonzales made to him showed that Gonzales
believed death imminent when he talked to
Hoyt, and stress was laid upon the addi-
| tional declarations testified TO by DR.. Nc
lntosh and Mr. Wallace.
Causes Talk With Tillman.
w. B. Cause member of the Legislature
| from Florence county, was asked If he had
heard Tillman, when he met him in Column
| bia during the last session of the legisla-
| ture, say anything about Gonzales editor
| ials, to which witness replied:
| Yes, sir l was walking along the street
and we met Col Tillman about the sky
scraper, when the question arose, Where
are you Stopping?'
Some one said they were stopping at one
place and some at others, and Col. Tillman
said 1 don't know that l am stopping any
where. / stuck those editorials of the State
in my pocket and told my wife / might stop
at the penitentiary before l left here "
On cross-examination the witness said he
did not take the remark seriously.
George d. Kohn told of taking bullet
from the hands of man who had picked 1t
up at the scene of the shooting, which he
said he delivered to the sheriff.
1t developed during the examination of DR..
Pope. who followed DR.. Guerry on the
stand, that the State was laying the foun-
dation for the introduction of dying state
ments made by Mr.. Gonzales. In fact, dur
ing argument on objection raised by the
defense to a question propounded to DR..
Pope, 1t was stated that the line then pur-
sued was for that purpose. The jury was
| sent out pending the argument and ruling
of the court. The statement by DR.. Pope
that he hard Gonzales say, "I am killed.
was admitted Professionally, pending a de-
cision by the court on the general question
of admitting the dying statements Of the
deceased.
Testimony Ruled Out.
The defense objected to all the testimony
relating to the carrying Of pistol by the
defendant prior to the shooting unless 1t
could be shown that there was a connection
between the carrying at that time and the
shooting. The court admitted the testimony
with the provision that If 1t was not devel-
oped that 1t was competent the jury would
| be instructed to disregard IT,
w. F. Steiglitz, a gunsmith in Columbia.
when shown the automatic pistol which
| has been exhibited during the trial said
that call had been made upon him the
DAY before the shooting for magazine for
pistol like the one shown to him on the
stand, but that not having any In stock he
repaired the old one. which was called for
| on the morning of the day of the shooting.
DR.. 9. T. B. Lancaster. member of the
legislature from Spartanburg, testified that
| he saw pistol in Tilman's pocket on the
day previous to the shooting. Two boys.
| G. V. Zimmerman and Francis Smith
swore that they saw a pistol in TtIlman's
hip pocket on January 13, two days before
| the shooting
the defendant in Edgefield some time last
| October. He testified that he was going
| into livery stable there when he passed
Tillman and another man. who were talk
| ing. He said he heard the name of Con-
| zales mentioned and the sentence: IF there
was any way to get at him.
The witness said he walked on as he
| knew what they were talking about and
| he did not want to hear 1t.
Tillman Had Two Pistols.
H. s. Bowling of Bamberg. who was
second lieutenant in the 1st South Carolina
Regiment. commanded by Tillman. and a
member Of the legislature, and whose room
adjoined Tillman's in hotel at Columbia,
was In the defendants room on the morn
ing of the day of the shooting he testified,
| and they had breakfast together in the
room
The witness swore that he saw two pis-