The Marlboro democrat. [volume] (Bennettsville, S.C.) 1882-1908, 1903-10-09
FIGHTS FOR LIFE.

Al0 IN. gIIJl$IllEi ~.
Tillmaa's Lawyers Wants .to Exclude
81 sl the Dying Statement Of 4;
THE STATES DEAD EDITOR
From tho Ears of the Jury Who
are to Say whether TIL
man is Guilty or
Innocent.
The Tillman case is still heing heard
at Lexington. The first witness on
Tuesday was Mr.. Geo. NJ. Kohn. lie
testified as to how he got the bullet
which killed Gonzales. He took it
from a lad and turned it over TO the
sheriff. 4 Drs. Query Taylorland Pope
were the next witnesses. DR.. Gllerry'
Said he did not have any hope for Con-
zales from the first as he regarded his
wound u fatal one. Dr.. Taylor corroho-
lated the above testimony. He@d de-
lscribed the course OF the bullet. The
solicitor asked him a ques: ion about
the position Of the prisoner and the
dead man when the bullet was fired. !.
TO whether or not the witness WAS an
expert in, such matters and whether
The question should be answered.
Finallyet the witness was allowed to. an
Swer and he said from the direction Of
the bullet it must have be fired
downwards, and that 1T had been shot
ut The side Of the victim, and could
MT have been shot at the front. FROM
the very first the witness had rccognlz-
eel that the wound was fatal, though
| he was not certain OF 1t until after the
operation.
FIRED FROM THE SIDE.
On cross examination he said from
the nature of the wound it must have
been fired from tile side. In answer
to MIR. Nelson he said that the opera
tion ON Mr.. Gonzales was performed in
| tic hope of recovery. MIR. Nelson puU L
question So that it would appear that
Mr.. Gonzales submitted TO the opera
tion in the hope Of recovery, and on
redirect examination he said that the
operation was performed because
physician thought it. was necessary
and Mr.. Gonzales must have had that
hope, else he would not have consent
I ed to the operation. The witness
testified however, that MIR. Gonzales
had said nothing to him and the only
reason he said that Gonzales had hope
was because lie had consented to the
operation. All this was brought out
III order to prevent Il declaration of
had sent no message to Tlllman, being
introduced as evidence. The law re-
quircS that a dying declaration cannot
be admitted as evidence if the.dying
man had hope or reason to believe he
would recover. s,s
DR.. Pope testified that he heard
Gonzales make Il statement after lie
was taken TO the hospital, Il ID Mr..
| Nelson asked questions, endcavoring
to show that morphine duiled the
mind and prevented one from having
Il clear understanding. The lawyers
were in another wranglc as to whether
DR.. Pope could testify as to whether
death WIS imminent. The court de-
cidcd that he could do so and Dr..
Hope proceeded to try to tell what
j Gonzales said toghims SOON aftof the
|shooting-1while he was lying in the
State Office.
| CONTIsSTING A POINT,
Lawyers for the defense objected at
nearly every point and the jury was
sent out Of the room while the Qncs-
tion of admitting the dying declara-
tion was discussed.
The admission Of declaration by
the deceased editor is one of the chief
points in the case, because it directly
contradicts any statement that Con
zalcS sent any message 10 Tillman and
also gives Gonzales statement that he
aaS crossing the pavement in order
not 10 III Ell III Imam on he day Of the
tragcdyand was not approaching him
in Il mcnacing way as tile prisoner had
asserted. Under the circumstances
the lawyers fought most vigorollslylor
and against the eadmiSsion OF any dying
dcclalati II. While The jury was out
DR.. Pope was allowed to tell what
Gonzales said to him and that was, 81
am dying"
The defense argued genera ly that
morphine and that even we're ,he not
the fact was that he submitted to an
operation because he had hopsS ii0f re-
covcry, and, acc riding to laws If he
had any hope whatever, any declara:
tiOn made by him vas incOinpet tent.
The prosecution argued that GONZALES
statement, 1 am dyi, g," was positive
evidence that he had no hope and the
operation was performed not because
Gonzales nau any nope, Dut as an ACT
OF humanity by physicians, who, under
such circumstances, will do all they
can TO save life.
Judge Gary finally admitted the tes-
timony and DR.. Pope told the jury
that Gonzales said to him III Il low tone
of vOice-''I' IN killed." Later, he saw
Gonzales makinga statement tostenOg-
raphcrS at the hospital, the purport
of which he did not know. At the
State Office and 1T the hospital, Con
za!es,was in Il critical condition., aud
the witnesses did not have any hope
ior him. Gonzales mini VAS clear en-
both 0ccaS ons. ii The operation had
not been performed Gonzales would
nave died from bleeding in twenty
four hours.
RELATIONS UNPLEASANT.
A. Il. Gonzales, brother of the late
| n. G. GrnZalcS, then took the stand
and tcstiticd that the relationship be-
tween his brother and the defendant
had not been pleasant.
Mr.. Nelson asked whether he had
not heard n. Ct. Gonzales refer To Till
man as Il cur, IL thief and coward.
The state objected, but The court al
lowed the question. The witness said lie
could not remember that, but he
thought that all n. G.. Gonzales said
was said in the State newspaper. lie
did not recall that he ever heard N. G..