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

>'''t>>''' ~ ~ ~. liz lllil'i way VI
the Tillman trial was taken up largely
with the argumen, Of legal points by the
attorneys, though a good deal of evidence
was introduced.
The court room Was abou, three -fourths
filled.
Mrs JAS. II. Tilman and Col Tilman's
mother were in the court room
The main issue Of the day was the
fight on the admission Of dying remarks
made by Mr. Gonzales In this conten-
| ton the prosecution was victorious and
| the remarks were introduced These
| statements the prosecution is endeavor-
Ing get i'll as preliminary to the presen-
| tatlon of a formal ante-mortcm statement
| from MIR. Gonzales which was reduced to
writing.
THE TESTIMONY.
| Drs. b. w. Taylor and J. II. Mcintosh
were replaced and testified as to the treat.
ment. DR. Mcintosh said Jus, as little
morphine as possible was given Mr.. Con
| zalcs because it MAS desired to keep his
mind bright Possibly I2 in njections were
made. On the way to the hospital, i'll the
ambulance Mr.. Gonzales asked me if he
was mortally wounded. | said. "Nes,
| think you are mortally wounded" lie
said, eyes, believe he got me" Up to
the time he was out under the influence
OF the an;rsthctic | never saw a man in
such extreme danger clearer, c)oler, or
more collected. When first saw him he
was i'll the EXTREMIST danger Of death
| NJ {, Wallace, who has lccn with the
mcchanical department Of the State since
1891, Was standing on Main street at the
time OF the shooting, and saw the parties
Immediately afterwards Mr.. Gonzales,
after carried to The State office, said, Il
can not live was the first to reach
HIM after he was brough, to the office
Cross examined he said he had never
heard Mr. Gonzales express himself hos.
tile to Mr.. Tillman and did not know of
amy personal cnu,ity.
j. y. Iloyt, Jr., associate editor of The
State ut the time of the shooting, first
, SAW Mr. Gonzales in the State office after
he vas shot. He was in intense pain.
MIR. Gonzales said to me after his wife
got there, 81 was only afraid | would die
before my wife got here. He described
to NE the manner Of his shooting. Mr.
lloyt was asked to state what Mr.. Con
Aalcs told him as to his condition. The
defense objected OH the ground that it
was not admissible as dying declaration
Judge Gary ruled ne fpllowc.
: DYING DECLARATIONS
The Court: If man is in cxtremis,
and being i'll cxtremis, and being in that
| condition is absolutely without hope, and
makes statement l believe it is proper.
, subsequently if hope is revived in his
mind | do not believe that will render
, tina, statement incompetent. If hope
, was revived in the mind Of this man on
, State Office III eXtremis and withou,
hope, the statement made there would
be proper.
Col. tombstone asked that the defense
be given the privilege Of arguing thi:
p lint before Judge Gary made his ruling
| apAoiHte HIll IllHl. luC jury was retlrcQ
and the point was argued at length, Col
tombstone opening for the defense. Col
Johnstonc eloquently and forcibly argued
that not only must the patient believe II,
is going to die, but death must be there
i'll order that his dying declaration be ad
Missile. The attorneys for the prosccu
, ton hel that Mr.. Gonzales was withou
hope. at the time he made the statement
to MIR floyt III the State office, and that
therefore, his statement was a dying
declaration and admissible as SEcll In
short, the prosecution held that the state.
mcnl should be admitted because at the
time it was made Mr. Gonzales believed he
WAS going to die immediately, having
just before made the statement, "I was
only afraid would die before my wife
reached here The attorneys for the de-
fense held that.it should not be admitted
because death did not occur immediately,
that in dying declarations in addition to
the belief of the patient, death itself must
be present. That afterwards even if Mr..
Gonzales at that time believed he would
die Immediately, hope was revived In his
mind, he having acquiesced In an opera
ton, and that revival Of hope invali-
dates dying declaration.
During the argument M. c Wallace