The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1903-10-02


others dull, but the quantity admins
tered usually in such cases as Mr.. Con
zales' does not tend to brighten. The
defense also attempted to prove that
Mr.. Gonzales had hope for recovery,
having acquiesced in the desire of the
physicians to perform an operation
which they would not have performed
unless there was some hope, and that
the hope which he had for recovery in
validated his dying declaration. DR..
rope, as did the preceding physicians,
testified that the wound was mortal
and that death was imminent during
the whole sickness. He said when he
walked into the State office few min
utes after Mr.. Gonzales had been shot
and carried there that he knelt down
beside Mr.. Gonzales and expressed the
hope that he was not seriously injured.
Mr.. Gonzales whispered to him, Il am
killed."
THE JURY RETIRED.
On motion of Mr.. Nelson the jury
was excluded from the room in order
to let DR.. Pope make statements as II,
Mr.. Gonzales dying declaration which
might not be competent to 60 before
the jury and which could be passed upon
during the jury's absence. The jury
was excluded and Dr.. Pope testified
that Mr.. Gonzales, lying on the floor of
the State office Immediately after the
shooting, whispered to him., 81 am
killed"
The defense objected to giving the
statement to the jury because they held
it was not a dying declaration, Gonzales
meaning at the time that he was only
in very dangerous condition Ga case
parallel to that of the consumptive
who makes the remark, II am a dead
man. - Even if the circumstances were
such that Gonzales at the time thought
he was making dying declaration, the
defense held, the declaration was mad
missible because before his death hope
entered his mind. The point was hotly
contested in lengthy arguments. Judge
Gary finally admitted the statement to
the jury.
THE BROTHER OF THE DEAD EDITOR.
Mr.. A. e. Gonzales, the brother of
the dead editor, president of the State
Company and publisher of the State
newspaper, the mainstay of the prose
cution, was placed upon the stand. In
stinctively every eye was turned upon
Mr.. Gonzales and an oppressive silence
pervaded the room. Mr.. Gonzales tes-
tilted as to the files of the State con-
tanning the editorials of his dead broth
er from January l, 1902, to December
81, 1902, and they were placed in evil
dence by the prosecution. The editorials
will be read in court.
Cross by Mr.. Nelson as to
the relations which existed between his
dead brother and Mr.. Tillman, Mr.. Con
zales said that the first unpleasantness
occurred some time about 1890 when
Mr.. Tillman was living in Winnsboro
During the campaign of 1890 my
brother was reporting for the News and
Courier as their Columbia correspon-
dent. My recollection is that an anony-
nous attack upon him appeared in the
Winnsboro News and Herald. He
wrote to the editor of that newspaper
demanding the name of his anonymous
assailant. The editor replied, if l am
not mistaken, that he had conferred
with the anonymous author and he de-
cllned to allow his name to be used''-
interruption. Mr.. Gonzales was ex-
amined very closely as to a number Of
Incidents. He was asked if his brother
and MIR. Tillman came near having a
difficulty in the city of Washington, if
there was not some unpleasantness be-
tween the two arising out of Mr.. Till
mans application for membership in
the South Carolina Club. To all the
questions there were number of OBJ
Jcctions and counter objections. Mr..
Gonzales referred the attorneys to the
files of tn State, saying his brother
was a man Of few words and always
wrote what he thought and that he was
in entire control of the editorial policy
Of the paper. He was asked number
of times if his dead brother ever pr-
vately denounced Tillman as a drunk
ard, debauchee, liar, coward, black
guard. '1t is possible" said Mr.. Con
zales, che may have used some of these
expressions. l can not say | ever heard
him use all of them'
w. B Cause, member Of the legisla-
ture from Florence, testified that on
Tuesday before the Thursday of the
shooting took place Mr.. Gonzales, stand
ing in front of the SIX kyscraper in Column
bia, had remarked in his presence that he
had stuck those editorials Of the State in
his pocket and told his wife when be left
home that he might stop at the pentcn-
tiary before he left Columbia.
III n A.tf,