The Savannah morning news., 1903-10-01
KNEW He MUST Die
GONZALES HAD NO HOPE or LIFE
AFTER HE WAS SHOT.
so MANY WITNESSES STATED
THIS QUESTION AN IMPORTANT
ONE IN TILLMAN TRIAL.

AdmissibiIity of His Statements as
Eyidence-Defense Fighting to
Keen These Statements Out-SeYen
uours Devoted TO the Trial Yes
terday-LfLsIy to Continue Two
Weeks MOre-Jury Sent Out While
GonxaIes' Statement Was Read.
Lexington, S. c.. Sept. S0.-During
the seven hours devoted to-day to the
trial of James II. Tillman, seven of
the states witnesses were heard. Some
of the cross examinations to-day 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.
Or. 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 enter
tanned no hopes for the recovery of
Mr.. Gonzales. Much of his testimony
was of technical nature. Mr.. Con-
zales was under the influence of an
anaesthetic when he first saw him at
the hospital.
Knew He Would Die.
DR.. ]. H. Mcintosh, Columbia
physician, said he saw Mr.. Gonzales in
the office of the State, after the shoot
ing. and that he rode with him in the
ambulance from that office to the hos
pital They were alone in the mbu-
lance, he said. -
Asked by the solicitor if Mr.. Con.
zales said anything on the way to the
hospital, the witness said Gonzales
looked about to see if any one else was
present, then said that he wanted wit
ness to say frankly if he was morally
wounded. Witness said he told Con-
zales that he was afraid he was NOR
tally wounded. Gonzales then said, the
doctor testified:
Yes, l think that fellow got me-"
The doctor then told of the course OF
treatment pursued.
Witness was kA@ as to, the rental
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.
j. A. Hoyt, Jr., of the editorial staff
Of the State, said he saw Mr.. Gonzales
in the Office of the State soon after the
shooting. He was continuously with
Mr.. Gonzales until he was carried to
the hospital. Mr. Hoyt was asked II
Gonzales said anything to him at that
time relative to his condition.
Feared He'd Die Before Wife Came.
Yes said the witness, 'he said aft
er his wife had left that he was afraid
lie "ouId uie before his wife got there"
The witness was then asked if Mr..
Gonzales made any statement to him
- TINT time, the witness replying that
Gonzales had told him about the
shooting. Objection was raised by the
t.c--.;oS~ 20 tIle admission of the state
ment and a lengthy argument lasting
for about twosGnl a half hours ensued.
The defense eont9nded that the state
ment was aot admissible as a dying
declaration. dwelling on the testimony
of DR.. Griffith, one of the physicians
who assisted in the case, and who had
testified that Gonzales smiled when he
gave him some ENCOURAGEMENT as to
his condition wheh he was in the Of
flee of the State.
Counsel for the Etate contended that
the testimony of witnesses showed that
Gonzales believed deNth to be immi-
nent.
The testimony given Wy NJ. C. Wal
lace, a compositorl on the State, who
preceded Mr.. Hoyd on thu stand, was
to the effect thatl Mr.. Gopzales told
him while living ih the ofAAe of the
State something I'd the effece that he
could not live.
Court Admitted Statement.
1t was not until -four minutes If the
hour for the midday recess-1 80
oclock-that the Arguments were con-
cluded and ruling made by the court
Judge Gary decided that the statement
which Mr. Hoy Said Gonzales made
to him was admissd ble, holding thu all
the requirements Of the law relative to
the admission of dying declara lions had
been met. The defense then objected tc
the introduction of a verbal statement
If there were any written statements
made by Gonzales. When court recon
yened at o'clock in the afternoon, Mr.
Hoyt proceeded to give the statement
Mr.. Hoyt then said Mr. Gonzales made
the following statement to him:
Gonzales story to HOyt.
HE said that he had left The State
ONCE to go to elmer; he was walking
along Main street towards the State
Capitol, and he got nearly to the city
railway transfer station when he saw
Jim Tillman coming from the Capito
with two men whom he did not recog.
nlze; ne said there were several people
standing around the corner and that ht
saw II he kept on his course along the
eoge OF the pavement he would brush
against these men, and to avoid them
ne cut diagonally across the pavement
towards the corner If the transfer sta
tion, and as he was going across he
saw Tillman pull big pistol and shoot
lie said that he turned and faced
MIN and exclaimed, Shoot again. yor
coward! You have killed me-, He
looked Tillman in the face and Tillmar
neid the pistol at him but did moi
shoot; he said that then some gentle
men ran up and helped him; he said
tnat Just as he shot--just about the
TIME Tillmsn shot-that he. Tillman
exclaimed, 1 have done what you said.
or 4 nave taken you at your word OF
something like that"
Inc statement. he said was made
ABOUT half an hour after the shooting
Mr.. Hoyt was questioned on cross ex-
animation by MIR. Nelson as to his feel.
lngs toward the defendant.
Your feelings towards him are very
bitter, aren't they? Don't you feel
very reVengeful about him ?"
wen, don't think I harbor veil
Bedhce against anybody"