University of South Carolina Libraries
\ * t ?, - Jjl/A ^ . , ,. arj/sggftg; , L. * - ?^ ^ A AcaUy A'atfwpapcw : AHJb AomOob ^ftiU WkCAooi, ^jwfcxrfGwot^aat CfWMMrt^a! f*?srmtt!x. 1 TEKB& ?IJS? A MrT fcuia * ? Mawahl I ' v } J*uv;y? ,1 * twrr 'J'!! ' iL? .- " III 1.1- - - - - .-- - " ? "-- .~T.'. J I. . .... .TT. II llfllj.^' St?>?? A'K'CKLV. LANOASTE Li. S. 0.. OGTO B E It 3, 1903 KB] A BUSH ED 1852 F"^ f OUR A if -DIS L Mil I FflLl, | ORE I Thursi L And to I Ladies P Genera. r SEE tin | WE KNOW I Than lli i>Aikan*o a V a. vrnu^v (i J the good ? R | Lanca if! 1V/I f lyJ ik,._ eh in in NNUAL I v SPLAY OI i I ;itv im> \ LJJ_JA? 1 ,1_J J and WIN' 1SS GOO] ON )ay, Oct. i, Invite Al<] and the P 11 y to com< 3se Lines. YOU WILL BE PL king you for your ind asking you to I a work up, we are espectfullj STER ERCANTIL] /N COMP ' fll B. I J 'ALL 1| : m (J: T - *|l J 4 A ?C S L' i i TER | DS | ill 19.03, .Jj V!: Li the ?c| 'ublic Jl e and ^ EASED, J pat- j| keep it 7* I ? Trial Of James H. Tillman. b< th A Brief Synopsis of the Tc&timo- j ny Day hy Day us Reported in The News and Courier. so st Tl IISDAY'H PIUK'KKDIMJS. Lexington, Sept. 21).?Dccided progiess was made to day in te the trial.of the cuse against James pj 11. Tillman, charged with the 0f murder of Nurciaso G. Gonzales. pC lheStuto presented a strong line of witnesses and they did much /\ toward the development of the case against James 11. Tillman, 'pj Tim j'luowuuuii iij-uuy snoweu j~() l?y overwhelming evidence that m Mr. Gonzales was moi tally co wounded and that at no time was pj there tlio slightest reasonable ex- p| pectution of saving his life. It also showed that the use of for- ^j, matin as a hist resort was harm- ()f less, and could have done no in- jj, jury. The State showed that the ,it Luger bullet produced a wound ;\| which left no hope whatever to i1( the surgeons, after the incision in |and examination of the wound. ul j L?r. Gueiry, Dr. B. W. Taylor, Dr. D. S. Pope and Dr. Grithlb a all regarded the case of Gonzales ^ as hopeless, and dcclired that a nothing more than was done could I i * - uuvc neen undertaken to save tho in life of Mr. Gonzales. ^ Tho matter of tho ^ ing de. f duration will he one of ^rious h< features of tho caso. by j, inch the able counsels adod t( it's to whether' the dvjr ^uclara- ^ tion hLtil 1 ho uduiiT.,C.? or not. ^ Toe State did not to day expect tl to ask for the acceptance in evi- ^ donee of a long dying declaration made hy Mr. Gonzales, but only to begin work toward that end. f The light, however, began rather S1 unexpectedly, when Dr. i'opo testitiod that as ho leaned over to (/ speak to Mr. Gonzales to express n tho hope that ho was not serious- NX ly hurt, Gonzales replied, <lI am killed." These three words oc- t< ?Miawmn/1 full " ? ..in; .? lUH'C'UUUl UlgU- (1 mcnt us to thoir admissibility. h The {State contended that thi. was jt a link in the evidence, indicating v tlmt Mr. Gon/.alcs considered hi-* i chances were, and the defence in- v sisted that imminent danger of n death had not been proven and a that tho expression was not com- ^ petent. The argument on the ad- p mission of tho words, "1 am killed," was thorough, and finally n Judge Gary decided that it could p be admitted as a link in a chain i of evidence, on which to admit a v dying declaration. If such a ^ chain were not completed, the ex- ( pression could bo stricken out. 8 Tho defence entered an objection ^ lL- 1 ? ? "? tiI"hi mo record 10 una decision, and then, close!y following, the j defence entered its second formal u objection. s Dr. Lancaster, a member of the ( House of Representatives; Ved- ^ dor Ziinmermnu and Francis II e Smith, swore that they saw a pis. r tol in Tillman's pocket the day t before the shooting. r It is ovidont that the defence is t undertaking to have no dying do- j duration admitted, and all through | tho examination of the State's medical witnesses tho defence un- j 1. . I -i 1- ? * /' uuriouf to mhovv iniii lvir. uonza- | lea bad bope, or bo would not r havo consented to the operation, and that then that tho use of mor- , pbino and other opiates had cloud- t cd his mind and that ho was not t in condition to make a stnt incut. , The physicians all thought his \ mind was perfectly clear and had a ;en stimulated to activity. od. After the Slate had concluded Co c evidene-j of the attending pri lysieians, a few other witnesses j the ere presented at the afternoon he ssion, and they ottered some hin rong evidence. slo Dr. Lancaster, a ineniher of Co o House of Representatives, not slilied that ho saw a pistol in dui Union's pocket before the day *hc the shooting, and that he was lhi. isitivo that it was a pistol. hen Two bright little boys, Vedder he mmermnn and Francis Smith, S!l" stilled tliat they saw a pistol in a'K llmiin's pocket on the day he ,IUC ru me snooting, and I lull Till- IIia an was standing on tho street a,u rner at tho time and that tho {im stol was plainly in evidence. an loro wore two witnesses to day hir 1011 the identity of the bullet ^ ? at was picked up near the scene ' the shooting. There is a hard ;ht as to admitting this bullet, 5U1( ul has not yet passed tho lines. r. Stciglitz testified that it could VU1 ivo been shot from one of the wo agazino pistols such 11s was used, ' id that it was of unusual calibre. 1)1 { Mr.- \V. II. (Jaiise, who is also wu member of the Assembly, tcs- scs (ied that he met Col Tillman ami *m party of members on Main *al reot, and that they vere discussig their boarding house, and un< lat while on that topic, Col. wc ill man said when he left homo wu b did not tell his wife anything, wa ut just stuck some of those edi>ria!s in his pocket and thought wc e might stop at the Penitentiary. EP; Ir. Ciause, upon cross-examina- 011 on, t<stitied that ho regarded cx lis expression more as a joke lan anything else, and that he 8111 lought the editorials against Col ^ illman in the ritato were "'pretty cv .'vere.1' wr Following Mr. Gun so came no 'apt. H- G. Arthur, of Edgeeld, who testified that while ho he as going into a stable at Edge- 1,11 eld he saw Col. Tillman talking tin 3 Major Anderson and others Tli nd that while going l>y them he hi eard them talking about Gonza sh: is, and Tillman said: 4'If there hd as nay way to get at him." foi lie defense let this g > by th( without much opposition, and in lay offer some plausible explanlioti as to what it meant, ('apt. Lrthur was positive that the cxression was used in connection co irith Air. Gonzales, and then ini* eo nediately following up Cupt. Ar-? inl bur's testimony,Was that of Mr. so: iroadwater, who swore that ho of rent to the stable directly after th 'apt. Arthur. Ho did not see tit 'apt Arthur there, but ho did te: ec Kickard llolsonbach and A. mi Vbite. m It will bo remembered that gi ilcssrt. llolsonbach and While ,ro tho two witnesses who figure id o prominently in tho story of Mr. pi ion/ales sending a message to m L'illman that ho had made him w ihow tho whito feather and would st nake him do so again. It was m hoso two witnesses and Cok^QTill- zu nan that Mr, Broadwater sne4 in I M ho stable at Edgofiold a few days ih toforo tho sossion of tho Asscm - co ?ly began. tii One of tho strongest witnesses fo or tho Stato was Mr. II. Spann lie fowling. Ho is ovidontly on jood terms with Col. Tillman, St tod that mtulo his evidence -all the to noro important to-day. First ho pi entitled that he saw the two pis- T1 ols in Tillman's rooms on the bt norning of the killing, and that sa 10 dres-ed in Col. Tillman's room ?? ,nd saw the magazine pistol load-$ At the State House he saw I. Tillm an ami, ,'joing to the vale room of Col. Tillman ait i dinner hour, he asked him if would not go to the hotel with . r ... 1: -? 1 -1 i mi uiuucr, us uiey were ooiu pping at the sumo place, unci I. Tillman tol<I him he could jo for half an hour. It was in<; this half hour that the mting occurred, as Mr. Dowr said that while at dinner he rd of the shooting and when went to the police station ho t Col. Tillman, who inquired nit the wound, and in eoniplic with ti e request of .Col. Tilln he went to the Stato ollice 1 saw Capt. i\V. 10. Gonzales 1 asked him ubnrut tho wound, 1 with the information ho ronod and gavo an account to I. Tillman, who told him that ic hit him where lie aimed that uzalcs was sure a dead man, 1 that the ball would not change course l)r. Taylor had pre? usly testified that the Imllet s lired from tho side. Mr. Ambrose E. Gonzales, the )thcr of tho deceased editor, u <ann /\4- i l>/\ ...II u uue ui uiB iiHiJiHiaui niiuus? of tlie (lay. lie was the most prcssivo witness who has thus been upon tho stand for tho ito. lie was deeply affected, 1 while keenly feoling every id that he said, he weighed his irds, ami made it p'ain that he s bent upon doing full justice the dead w hile intending not a u'd of harm to tho living. He ;>ke with distinctness and delibiteness. When asked about tho istcnce of ill-fooling between i brother and Col. Tillman ho id: "I think he said not ovorymg he knew or believed, but cry thing ho said to his relatives friends he said in the State wspnpcr, so that tho peoplo of a State could know," and then added lln?t his brother wrote ieh more than he talked, and it he did not do much talking, ic files of the State were offered evidence, and after considerable n I'M un'ii'fninf llm j/ ? j'ni. i n?^ IHVJ VIV/LVJUV V UU* ned tho use of the complete file r inspection an 1 examination of o editorials, which are to figure the course of the trial. WI I>M>D.U *N l'UOCF.KDlXCS. After Dr. Taylor's testimony, mmonced the day before, was ncludod in the morning,tho State troduccd a succession of witucss to establish tho mental attitude Mr. Gonzales preparatory to o introduction of his declare >ns. Dr. James 11. Mcintosh stilled that he was "cool, calm id collected, as much so as any an 1 ever saw in a condition so ave.'' Dr. Mclntoh rodo with him 0110 in I he nmhulanco to tho hos. tal. "Tell mc, doctor, frankly, 11 1 mortally wounded?" tho itness swears that tho sorely ricken gentleman inquired. "1 n afraid that you are, Mr. (ionLies," the doctor replied, and Ir. Gonzales responded, "i [ought tho fellow got me," and ivered his face, fetich, substanilly, was the laconic but proundly piteous story of this wit5SS. M. C. Wallace, foreman of Tho ate company |ob ollice, recalled, lil tlml Mr. Gonzales, as ho jlay ostrate in tho business ollice of ie State,Qtho witness kneoling (side liiin, holding his hand, id: "This is my death; I am [Continued on 4th page. | kfc