The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-02

ing the seven nOurS devoted loustS ~
the trial of James H. Tillman, seven
of the states witnesses We're heard.
Some of the cross-eXaminatiOnS today
by counsel for the defense were rigid.
nesses to be called, and it is now indi-
Gated that at least two weeks will be
consumed in the trial of the case.
DR.. 3. 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 a technical nature. Mr.. Gonzales
was under influence Of anaesthetic
when he first saw him at the hospital.
| DIR. MCINTOSH TESTIFIES.
| DR.. J.. H. Mcintosh, a Columbia
| physician said he saw Gonzales IL the
| office of The State after the shooting
and that he rode with him in the am
bulance from that office to the hospital.
said.
Asked by the solicitor if Gonzales
| said anything on the way to the hos
pital the witness said Gonzales look
ed about to see if any one else was
present, he said he wanted witness to
| say frankly if he was mortally wound
| ed Witness said he told Gonzales that
he was afraid he was mortally wound
| ed. Gonzales then said, the doctor tes-
| titled: Yes, 1 think that fellow got
me-
| The doctor then told of the course
| Of treatment pursued. Witness was
| asked as to the mental condition OF
| Gonzales from the time he first saw
| him up to the time he was placed under
an anaesthetic at the hospital. He re-
piled that Gonzales was calm and clear
| in mind.
MIR. j. A. HOYT ON THE STAND.
]. a. Hoyt, of the editorial staff Of
| The State, said he saw Gonzales in the
| office of The State soon after the shoot.
| ing. He was continuously with Con
zaIes, until he was carried to the hos
pital. Mr.. Hoyt was asked if Con
zales said anything to him at tina
time, relative to his condition.
Yes" said the witness. He said hi
wife had left that he was afraid h
would die before his wife got back.
| OO'i
| ZaIes made any statement to him a
that time, the witness replying tina
| Gonzales had told him about the shoot
| ing. Objection was raised by the de
fense to the admission of the state
ment and a lengthy argument. lastlni
for about two and half hours ensued
The defense contended that the state
ment was not admissible as a dyin
declaration. dwelling on the testimon
/ nf nv C,-i+E or a nj
| who assisted in the case. and who ha
testified that Gonzales smiled, when n
gave him some encoura cement as t
his condition. when he was in the OF
flee of The State.
| Counsel for the state cOntended tina
4 the testimony of witnesses showed tina
f Gonzales believed death to be immI
nent
The testimony given py NJ. C. Wa
: lace a compositor Of The Stat
| who preceded Mr.. Hoyt on til
stand was to the effect that Mr.. Cor
zales told him while lying IN the oftic
OF The State something to the effec
n that he could not live.
i GONZALES STATEMENT TO MI
HOYT ADMITTED.
1t was not until four minutes of tt
hour for the midday recess-1:30 p. r
| that the arguments We're conclude
: and a ruling made by the court. Juds
! Gary decided that the statement whiC
Mr.. Hoyt said Gonzales made to hi
was admissable holding that all tt
requirements of law, relative to az
mission OF dyin@ declaration had bee
met. The defense then objected to tt
Introduction Of 2 verbal statement
there were any written statemen
made by Gonzales.
When court recOnvened at p. n
Mr. Hoyt proceeded to give in the stat
ment. Mr. Hoyt then said Mr.. Coz
Zales made the following statemel
Il to him.
* MIR. GONZALES STATEMENT.
He said that he had left The Sta
. office to go to dinner: he was Walkir
L along Main street towards the sta
= capitol and he got nearly to the CIT
If railway transfer station, when he Sa
l. Jim Tillnnan coming from the capitc
I with two men whom he did not reco
% nize: he said there were several pc
pie standing around the corner ar
that he saw if he kept on his cour
along the edge of the pavement
would brush against these men; tn
: to avoid them, he cut diagonally aero