The Lancaster ledger. (Lancaster, S.C.) 1852-1905, October 03, 1903, Image 1
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St?>?? A'K'CKLV. LANOASTE Li. S. 0.. OGTO B E It 3, 1903 KB] A BUSH ED 1852
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Trial Of James H. Tillman. b<
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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. |
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