The Manning times. [volume] (Manning, Clarendon County, S.C.) 1884-current, 1903-10-07
FIGHTS FOR LIFE.
Tillman's Lawyers Wants to Exclude
the Dying Statement of

Tillman's Lawyers Wants to Exclude
the Dying Statement Of
THE STATES DEAD EDITOR
From the Ears of the Jury who
are to Say Whether Till
man is Guilty OF
Innocent.
The Tillman case is still being heard
at Lexington The first witness on
Tuesday was Mr.. Geo. NJ. kchn. He
testified as to how he got the bullet
which killed Gonzales. He took it
from lad and turned it over to the
sheriff. Drs. Query, Taylor and Pope
were the next witnesses. Dr. Query
Said he did not have any hope for Con.
zales from the first as he regarded his
wound d fatal one DR.. Taylor corrobG-
rated the above testimony. He de-
scribed 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 tired.
The lawyers had a long discussion as
to whether or not the witness was an
expert in such matters and whether
the question should be answered.
Finally the witness was allowed to an
sWer and he said from the direction OF
the bullet it must have be n fired
downwards. and that it had been shot
at the side Of the victim, and could
MT have been shot at the front. FROM
the very first the witness had recognlZ-
ed that the wound was fatal though
he was not certain Of it 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 the side. In answer
to Mr.. Nelson he said that the opera
! tion on Mr.. Gonzales was performed m
the hope Of recovery. Mr.. Nelson put
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
ed to the operation. The witness
testified however, that Mr.. Gonzales
had said nothing to him and the only
reason he said that Gonzales had hope
was because he had consented to the
operation. All this was brought out
in order to prevent declaration OF
Gonzales, after he was shot, that he
had sent no message TO Tillman, being
introduced as evidence. The law re-
quires that a dying declaration cannot
be admitted as evidence If the dying
man had hope or reason to believe he
would recover.
DR.. Pope testified that he heard
Gonzales make a statement after ne
was taken to the hospital, a MI
Nelson asked questions, endeavOrlng
TO show that morphine duIled the
mind and prevented one from having
clear understanding. TIE lawyers
were in another wrangle as to whether
DR.. Pope could testify as to whether
death was imminent. The court de-
cided that he could do Sc and DR..
Pope proceeded to try to tell what
Gonzales said to him soon after the
shooting while he was lying IN the
State office.
CONTESTING A POINT.
Lawyers for the defense objected at
nearly every point and the jury was
sent out of the room while the ques-
tion of admitting the dying declara-
tion was discussed.
The admission of a declaration by
the deceased editor is one Of the chief
points in the case, because it directly
contradictS any SLitemenG that Gon,
zales sent any message Tillman and
also gives Gonzales statement that ne
vas crossing the pavement IN order
not to N ct Tilman on he day OF the
tragedy and was not approaching him
in menacing way as the prisoner had
asserted. Under the circumstances
the lawyers fought most vigorously Tor
and against the admission OF any dying
declarati n. While the jury was out
DR.. Pope was allowed to tell what
Gonzales said to him and that was, Il
am dying"
The defense argued genera ly that
Gonzales was under the influence OF
morphine and that even were he not
the fact was that he submitted TO an
operation because be had hopes OF re-
covery, and, acc riding to law, If he
had any hope whatever, any declara-
tion made by him was incompetent.
The prosecution argued that Gonzales
statement, am dyii e. was positive
eviicnce that he had no hope and the
operation was performed not because
Gonzales had any hope, but as an act
Of humanity by physicians, who, unoer
such circumstances, will 40 all they
can to save life.
Judge Gary finally admitted the tes-
timony and DR.. Pope told the jury
that Gonzales said TO him in a low tone
of voice-"I'm killed" Later. he saw
Gonzales making statement tostenog-
raphers at the hospital, the purport
of which he did not know. At the
State office and at the hospital, Con
zaleS was in critical condition, and
the witnesses did not have any hope
Tor him. Gonzales mini was clear on
both occas onS. If the operation had
not been performed Gonzales would
have died from bleeding in twenty
four hours.
RELATIONS UNPLEASANT.
\. f. Gonzales. brother Of the late
y. G. Grnzales. then took the stand
and testified that the relationship be-
tween his brother and the defendant
had not been pleasant.
Mr.. Nelson asked whether he had
not heard \. G. Gonzales refer TO Till
man as d cur, a thief and coward.
The state objected. but the court al
lowed the question. The witness said he
could not remember that. but he
thought that al \. &. Gonzales sa1u
was said in the State newspaper. lie
did not recall that he ever heard y. ".
Gonzales discuss privately Tillman S
character.
Mr.. Nelson asked whether as mat
ter of fact he did not know that n u.
~ - l>f>,, III a.