The Montgomery advertiser., 1903-10-01

- AsvA VSs@ tVs SSS0AAA
 1rg z. Seven of sta&> Witnesses Heard
 Yesterday, Some ss Them Being
 Rigidly Cross-examined by
 Attorneys of Defendant.
 Lexington, 6. C.. Sept. 3o.-During the seven hours devoted to-day to the trial of James H. Tillman, seven of the States witnesses were heard. Some cf the cross examinations to-day by counsel for the defence were rigid. The State still has a number of witnesses to be called. and 1t is now probable that, at least two weeks will be consumed in the trial of the case. sA& sI Dr. B. 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 neces- sary to prolong life. After an examina- ton of the wounds he entertained no hopes for the recovery of Mir. Gonzales. Court Convenss. At the beginning of the third days trial of James H. Tillman only few spec tators were present. pr. W. B. Taylor. one of the Columbia physicians who as- sisted in the operation performed on N. G. Gonzales. resumed his testimony. Mir. Gonzales was under the influence of anaesthetics and on the operating table when the doctor first saw him at the hospital. He said he had no hope of the patients recovery after he examined the wounds. The witness was questioned at some length relative to the stimulants administered to MT. Gonzales. their pur- pose and effects.
 Dr. F. H. Mcintosh. the next witness. said he rode in the ambulance with Mir. Gonzales to the hospital after the shoot ing. and that they were alone in the arri- buianoe. ANg'
 Asked if MT. Gonzales said anything to him on the way to the hospital. the doc tor said that Gonzales looked about the ambulance to see if they were alone. and asked him to say frankly if he was mort ally wounded. Witness said he told him that he was afraid he was, and that Con- xales said:
 stI Think He Got Me"
 "Yes. I think the fellow got me. The doctor then told sof the course of treatment pursued and said he believed death to have resulted from the gunshot wound
 J. A Hoyt, of the editorial stan of The Columbia, State. saw Mir. Gonzales In The State office about fifteen minutes after the shooting. He was then suffering intense iy, witness said, but rallied. He was with him continuously then until he was removed to the hospital.
 Did he say .snything about his con dition?' the Solicitor asked.
 "Yes, he said he was afraid he would die before his wife got there" witness replied
 Asked if Gonzales made any statement to him. MT. Hoyt said he had told him all about the shooting.
 Fight Against Statement.
 Objection was raised by the defense to the admission of the statement. which Mir Hoyt said MT. Gonzales made to him regarding the shooting and a lengthy ar- gument ensued. Counsel for MT. Tillman intended that 1t was not competent, claiming the testimony of pr. Griffith showed that Gonzales smiled while he Dr. Griffith) gave him some encourage ment after administering morphine.
 The question then arose as to the pre- else time when this occurred and espe- cially with reference to the time the statement was made by Gonzales to MT. Hoyt and to the witness preceding MT Hoyt. W. c. Wallace a compositor in The State office.
 Counsel for the defense insisted that the statements testified to as having been made by Gonzales relative to his condi- ton showed apprehension and not con- viction that he was going to die.
 Counsel for prosecution contended tnat the statement which Witness Hoyt said n showed that Gonzales believed death imminent when he talked 70 Hoyt and stress was laid unon the additional declaration testified to by pr. Mcintosh and MT. Wallace.
 The testimony given by W. c. Wallace. a compositor on The State. who preceded MT. vIoyt on the stand. was to the effect that MT, Gonzales told him while lying in the office of The State something to the effect that he could not live
 Ruling of Judge Gary.
 Judge Gary. In ruling that the state ment which MT. Hoyt said Gonzales made was admissible, held that all the require ments of law relative to the admissions of dying declarations had been met. The defense then objected to the introduction of A verbal statement if there were any written statements made by Gonzales.
 When court reconvened MT. Hoyt testi- fed that Mir. Gonzales made the follow ing statement.
 He said that he had left The State of Ace to 20 to dinner; he was walking along Main Street towards the State capitol, and he got nearly to the city railway transfer station when he saw Jim Tillnnan coming from the capitol with two men whom he did not recognize; he said tbere were several persons standing around the corner and that he saw if he kent on the course he would brush against thase men. and to avoid them he cut MaOonally across the pavement toward | +he corner of the transfer station and as he was going across he saw Tillman draw a large pistol and shoot. He said that he turned and faced him and exclaimed: l "shoot again, you coward! You have ki1l- ed me-"
 | Gonzales looked Tiilman in the face and Tillman held the pistol toward him. but did not shoot: he said that then some men ran up and helped him. He said that just about the time Tillman shot, Till man exclaimed: "I have done what you said" or, v have taken you at your word." or something like that. Hoyt and Tillman. MT. Hoyt was questioned on cross ex- aminatidh by Mir Nelson as to his feei- fngs toward the defendant.
 Your feelings toward him are very | bitter aren't they? Don't you feel very | revengful about him?'
 Well. don't think harbor vengeance against anybory.''
 "Well, express your feeling" said Mir Nelson.
 T felt very indignant toward the man