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THE wm in. Resume of the Proceedings by W. W. Bal!. Lexington,Sept.29.- In spite of num? erous colloquies between he lawyers with delays that weary the patience of thu non-professional spectator consid? erable progress was made today in the trial of James H. Tillman, charged with the murder of N. G. Gonzales. A number of witnesses for the prose? cution were examined and several im? portant phases of the case were par? tially developed. A prominent,feature of the profu? sion's testimony today was that of Mr. Ambrose E?Gonzales, president of The State compaayV publisher of The State newspaper and eldest brother ofthe late editor. He was sworn for the purpose of identifying the files of The State for the whole year of 1902-a period cover ng the Democratic campaign in which the prisoner, then lieutenant govern? or, was a candidate for governor, and during which his record was attacked by The State. It was developed today that a sub? poena daces tecum had been issued by the defense to Mr. Gonzaales to bring with him the files dating from April 15 to September lo, 1902, five months, but it will be noted that the files offered in evidence are for 1SJ months. Mr, Gonzales was subjected to a se? vere cross-examination . by Mr. Nelson of the defendant's counsel. His rerJlies .were deliberate, positive and measured. Considerable of the testimony was -directed to shbwing the attitude of the prisoner towards the man he shot. Dr. S. D. T. Lancaster, a member of the house of representativse from Spartanburg, swore unqualifiedly to seeing a pistol on the prisoner's person on the day preceding the shooting and . so did Vedder Zimmerman and Francis Weston Smith, respectively l? and 12 .years old lads of Columbia. This tes? timony was admitted subject to its be? ing shown to be connected directly with the shooting of Mr. Gonzales at a later stage of the trial. The appear ? ance cf the two lads was perhaps the most dramatic incident of the day. They were confronted by their affidav? its used on the bail hearing in which they referred to the tall man they had seen on the 13th of January near the "kye-scraper" with a pistol as "wear . ing a Prince Albert coat" and Mr. Nel? son cross-examined them with his usual " adroitness. They explained that they .did rot know the meaning of the term "Prince Albert coat" but insisted ?that the man was wearing a long tailed coat. Both identified the prisoner in the court room as the man the v had :seen. Perhaps the most important teti "mony of the day was that of Spann Dowling, a member of the legislature from Bamberg county. It bore directly on the matter of alleged preparation on the part of the defendant for the shooting, the witnes declaring that he saw two pistols resembling those in I evidence, one of them a magazine pis toit on the morning of tlie assault on Gonzales. The witness also gave "perhaps the first testimony of an oral - expression about the shooting on the part of the defendant-relating a con? versation between himself and Tillman in the jail on the afternoon of January 15 in which the prisoner said, "If I hit him where I aimed for he is a "?ead man." Dowling did not make . an a??d&vit for the bail hearing ; 'hence his testimony will be entirely 7new to the public. Still another member of the house .of representatives was a witness yester? day, Mr. Ganse of Florence county, ?who te .-tined to an expression used by the defendant which the State appar r?ot!j holds indicated an intention in the defendant's mind to at teak Mr. Gonzales. Mr. Arthur of Edgefield s testified to an exrpession used by the defendant some months earlier, which t;he State construes as of kindred na? ture. Drs. Goerry, Taylor, Pope and 'Griffith testified in the morning as to 'MT. Gonzales' wounds, their nature sand 'treatment Mr. Nelson questioned chem perseveringly concerning the ad? ministration cf anodynes to Mr. Gon? zales subsequent to the shooting, his object being, presumably, to establish that Mr. Gonzales was incapacitated by them to make a eying declaration -competent under the rules of practice. Dr. Taylor was permitted to testify ss to how in his opinion Mr. Gonzales laust have stood in relation to the pis? tol from which the fatal bullet came, judging from the nature of the wounds ind course of the bullet through Mr. <ronzales' body. Another importanht witness exam? ined yesterday was W. Fr Steiglitz, the gunsmith, who testified that he repaired the magazine of the German magazine pistol-which he identified at the request of F. H. Dominick on the evening preceding the shooting ^nd turned it over to Dominick on the morning of the shooting when the lat i sr called for it. It was f-xpected that at the afternoon session Mr. Elliott would read the ed? itorials from The State's files intro? duced by the prosecution in the morn? ing. Mr. Elliott was about to begin vrith an editorial of Feb. 28 last \7hen tbe df?fens<! claimed the right tfj scrutinize them. A long colloquy ensued. Mr. Elliott explained that when the defendant's counsel sent for the files Monday evening he was using them and could not deliver them. So? licitor Thurmond took the ground tbat nothing would be gained by de? livering the filse to the defense, that the question of scrutinizing would again arise a seach was introduced. Judge Gary ruled that as the defense '? ad yesterday asked for the files, they were entitled to see them, but he could not, he said, compel the State's attor? neys to deliver them up. He would al? low the defense to scrutinize each edi? torial before it was raed, but hoped that the lawyers would reach an agreement which would save time. Mr. Croft remarked that the de? fense might wish to read some which the State might not introduce. "Why we have introduced all of taem," responded Mr. Crawford. 4'They are before yen." Mr Johnstone, for the defesne, stated that the defense bad issued toe subpoena to Mr. Gonzales to 3b ring the files and proceeded to men? tion the successive steps of the file controversy, substantially as they were -published ' yesterday, referring also to the failure of the defense to obtain them Monday evening and Mr. .Elliot's explanation. Finally the matter was ended by the files being turned over to the pris? oner's counsel. Lexington, Sept.. 30.- "When the court adjourned at 6.30 this evening, three days, the half of one week, had been consumed in the Tillman case. The dying "declarations of Mr. N. G. Gonzales, after strenuous opposition by the counsel for the defense, were admitted as competent evidence, and the witnesses-swearing to them were in part heard. Progress, much progress, has been made, but it is a big trial-a great trial of countless phases and endless detail, and the close of it is far away, so far as to defy calculation or even prediction. The forensic combat between the lawyers centered today around the ad? missibility of the dying declarations statements which the law admits as competent evidence on the theory that this recognised imminence of death by the maker supplies the solemnity of the oath in open court, face to face with the accused. The court room presented the scenes now familiar to those who 'have at? tended the trip!-the usual compara? tively small number of spectators, the prisoner, the witnesses, the groups of counsel all intent on every utterance and move in the contest, the prison? er's family and kindred and the acting judge uniformly affable and patient amid the continuous sparring of - the lawyers. After Dr. Taylor's testimony, com? menced the day before, was concluded in the morning, the State introduced a succession of witnesses to establish the mental attitude' of Mr. Gonzales pre? paratory ta the introduction of his dec? larations* Dr.' James H. McIntosh testified tfea-t he was "cool, calm and collected, as much so as any man I ever saw in a condition so grave." Dr. McIntosh rode with him alone in the ambulance to the hospital. 'Tell me, doctor, frankly, am I mor? tally wounded?" the witnes swears that the sorely stricken gentleman in? quired. "I am afraid that you are, Mr. Gonzales," the doctor replied, and Mr. Gonzales responded, "I thought tiie fellow got me," and cov? ered his face. Such, substantially, was the laconic but profoundly pite? ous story of this witness. M. C. Wallace, foreman of The State company job office, recalled, told that Mr. Gonzales, as he lay prostrate in the business office of The State, the witness kneeling beside him, hold? ing his hand, said: "This is my death ; I am shot through the stom? ach, and cannot live. " Then Mr. Jas. A. Hoyt, Jr., the assistant editor of The State now and at the time of the shooting, was for the second time called to the stand. He related how, when he reached his -wounded friend and chief and, like Mr. Wallace, knelt beside him, Mr. Gonzales said : "I was afraid that 1 could not live until my wife came." Mrs. Gonzales had left a short time before. Replying to questions, Mr. Hoyt was about to disclose Mr. Gonazles' statement of the assault then given to him, when Mr. Croft, the prisoner's leading counsel, was instantly on his feet to object. The long, stubbornly maintained argu? ment over the admissibility of the statement followed, consuming per? haps two hours. The defense relied for the most part on the testimony of Dr. Ii. A. Griffith. It was developed that the latter, had testified that between the interviews of Messrs. Wallace and Hoyt he had administered restoratives to Mr. Gonazles, that he had spoken cheeringly and hopefully to him, and that Mr. Gonzales had smiled. This, contended the defendant's counsel, with great vigor and emphasis, beto? kened that the belief in impending death had left Mr. Gonzales' mind be? fore he spoke with Mr. Hoyt. Early in the course of the argument Judge Gary clearly indicated the bent of his intention to admit the statement, and apparently was about to so rule. Mr. Croft and Mr. Nelson had argued the objections and "tte solicitor had re? plied. Mr Johnstone rose and asked to speak before the decision was ren? dered. There was a misunderstand? ing as to the terms of Dr. Griffith's language and his recall to the stand was discussed. The facts were agreed upon without this, the judge waiting with his usual indulgent patience. Mr. Johnstone spoke with force and at length, holding that the incident in the ambulance described by Dr. McIntosh ' indicated Mr. Gonzales' first certain apprehension of coming death. Mr. Bellinger replied, contending that his remark to Mr. Wallace, coupled with his remark to Mr. Hoyt, showed that he was fully conscious of his condition and that the "smile" mentioned by Dr. Griffith was merely a courteous recognition cf the doctor's kindly interest. Mr. Crawford followed, emphasizng this position and arguing the law as applying to the situation created by the testimony. Mr. Buchanan replied citing au? thorities for the defense's contention and the solicitor cited others contra. Every phase of the law cf. dying dec? larations seemingly was elucidated, but his honor, when he came to rule, had evidently not been moved from his original clear view of the law. "The law on this subject is well set? tled in this State," he said. "The only difficulty is iii applying it to the facts. It is sufficiently established by the doctors and other witnesses that Mr. Gonzales was in extremis and appre? hended imminent death when he spoke with Mr. Hoyt. So the statement will be admitted." The dinner hour had arrived and a recess was taken. At 3 o'clock Mr. Hoyt testified to Mr. Gonzales' state? ment. Dr. C. W. Barron, brother of the late editor's wife, was called and testified that at the hosipal, a short time before Mr. Gonzales was operat? ed upon, the witness inquired of him if he knew that he would probably die. Mr. Gonzales replied affirma? tively. Then Di. J. W. Babcock, now and for 12 years superintendent of the State hospital for the insane, in Co? lumbia, was sworn. On account of his high officiai position as well as his reputation as a professional man of experience poise and character, his testimony >vas heard with close attention. He was in the room with Mr. Gonzales in the hospital: "he was there as a friend of N. G. Gonzales," to employ his own words, before the operation was entered upon and heard Mr. Gonzales make a state? ment. He had taken down in long? hand his statement as accurately as he i could, and referring to his note-book, this statement he repeated. August Kohn, chief of the Charles? ton News and Courier's Ooumbia bu? reau, was present with Dr. Babcock and corroborated in general the state? ment as repated by the latter. He also testified that iMr. Gonzales had then told him that Tillman did not address any words to him until after he had fired upon him. On the cross examination of Mr. Wallace, Mr. Nelson questioned him as to Mr. Gonzales' feeling towards the prisoner. Mr. Wallace did not know that Mr. Gonzales-harbored enmity towards him. Mr. Nelson inquired if he did not know from Tho State edi? torials that Mr. Gonzales' attitude was bitter towards Tillmn. The prose ? cution objected that the editorials, which were in evidence, speke for themselves. Mr. Croft adopted a similar line towards Mr. Kohn, as did Mr. Nelson towarvds Mr. Hoyt on the cross examination. Mr. Nelson asked Mr. Hoyt to put on the coat and vest of his dead friend, ostensibly to exhibit to the jury the holes, some of them blood-stained, made by the pistol pojectile of the Luger pistol and Mr. Hoyt complied with the trying request, as Mr. Wood of the State's reportorial staff had done on the day preceding. In complying, Mr. Hoyt took off his own coat and turned his back to the view of the whole court room as he put on the blood-stained garments of his dead chief. The witness tried in vain to conceal the emotion which this pro? ceeding aroused. Mr. Nelson ques? tioned Mr. Hoyt closely as to his own feelings towards the defendant and his replies formed an interesting inci* dent of the trial. When D. Babcock testified as to Mr. Gonzales' statement at the hospital, the defense emphatically objected to the admission of parts of it which it was claimed did not bear on the act? ual circumstances of the shooting. The point was argued at some length, and then counsel withdrew the objec? tion. Mr. Nelslon, cross-examining Dr. Barron, the brother-in-law of Mr. Gonzales;, prefacing the question by saying that he did not intend to : wound his feelings, but merely to show his frame of mind, asked: "Did you say that if Tillman were acquit? ted ha would be killed?" The witness responded with positiveness that he had not, and in like manner to other questions of similar trend. Lexington, Oct. 1.-Given over ap? parently to. a monotonous routine this day's proceedings in the trial of Jas. H. Tillman for the slaying of N. G. Gonzales is, I imagine, pivotal, in a measure at least, in the estimation of the State and defence alike. fl During the six or more rather weary hours that the two sessions of the Court lasted Mr. Elliott, of counsel for the prosecution, read to the jury the editorial utterances of Mr. Gonzales cencernng Mr. Tillman. These articles are still matters of viv? id recollection and they would hav? re? mained so possibly even had they not beeen emphasized by the tragedy, which was their sequel. They were published during the spring and sum? mer of 1902, and they embodied, first and last, such an arraignment- of James H. Tillman as has seldom or never been made of a public man in South Carolina. That they are inseparably connected with the tragedy that neces? sitated this trial is self-evident, and upon the interpretation given to them by the jurors will doubtless depend the verdict which is to be rendered. The opposing forces each desired ! their submission in evidence, and ' consequently it is natural to suppose I that each side reckons them an argu? ment in its own behalf. The State, it is presumed, contends that a careful consideration of the edi? torials read today will show that in writing of James H. Tillman as he did Mr. Gonzales was actuated, not by personal animosity, but by a sense of responsibility ; that he considered he was discharging a duty to the Com? monwealth in placing before his fel? low citizens, in the light in which he himself saw them, the character and conduct of an aspirant for office The State holds, too, probably, that in these writings will be found reason for a conclusion on the part of Mr. Gonzales that Mr. Tillman would not resort to violent resentment of insult or epithet. This, because Mr. Tillman frequent? ly discussed Mr. Gonzales in the cam? paign without intimating that he in? tended to demand satisfaction ; be? cause, on one instance at least, it was shown (as the editorials claimed) that Mr. Tillman had had the lie thrown in his teeth without resenting it: be? cause on another occasion-the Wash? ington incident-Mr. Gonzales assert? ed that he himself had as good as de? nounced Mr. Tillman as a liar to his face without being called to account for his words. On the other hand, the view of the defence, doubtless, is to the effect that a perusal of the whole record will show that Mr. Tillman, a man in public office and one obligated to refrain from violence, bore with patience the bitter attacks made upon him to the limit of endurance, and that finally, when he had been driven distracted and to des? peration by them, he met his assail? ant in the way and slew him. I am not here to argue, but to indicate. These opposing propositions could be amplified indefinitely. They doubt? less will be when the attorneys ad dress the jury. It is merely desired here to suggest the significance of the evidence being given in Court from day to day. I rather think the submission of the editorials . by the prosecution was a surprise to the defence. The latter had demanded the files of the newspa? per in which they appeared in a sub? poena tecum duces. That the public arraignment to Mr. Tillman by Mr. Gonzales was to become part of the record was evident. How much or bow little would be placed in evidence by the defence if left to its own in? clinations and purposes was proble? matical. Denunciatory passages sin? gled out and read to the jury would unquestionably, to many minds, have suggested provocation and vindica? tion. The bolder plan was thc better plan. Let the jury have the whole re? cord : Mr. Gonzales's disclaimers of personal animus, together with his scathing condemnations. This was, I imagine, something of the State's logic. 13ut this does not embody ali the meat of the subject.. Over a year has come and gone since Mr. Gonzales wrote of Mr. Tillman. The public mind is prone to gener? alization rather than specific recoll?e . tion. Most people recall today the ! epithets applied to Mr. Tillman rath? er than the alleged occasion for their ; aptnss The marvellously lucid lan? guage of the dead editor has passed j out of memory; it is only those white I hot words of insult which stand forth I vividly. Let him speak once more in his own defence, reasoned the State. 1 Let him tell the jury what he felt and believed. Living, he was an advocate hard to answer, dead though he is, his vigor yet remains. Let it not be said merely ! that he heaped upon an opponent such abuse as no Southern man is expected to endure without seeking redress, but let it appear that loving his State and his people, actuated by a high seens of public responsibility he did not decline an issue which could net have failed to be pregnant with possibilities of danger to himself, and reasoning somewhat in this fashion the prosecu? tion determined to give the whole re? cord to the jury. It may have gone even a step fur? ther, step which sought to forestall the spirit rather than the letter of the defence. That the latter will be the usual one-self-defence-may be ac? cepted as a matter of course. But the public sense of honor will cut almost as much figure here as evidence. Traditions are to be reckoned with. No man may disserve himself from them even though he be a juror. The men who are to determine whether James H. Tillman is a murderer are Southern men. Their mental processes are Southern niental processes. Their estimation of provocation is such as their neighbors hold now and such as their fathers held before them. They have been taught that there are words more stinging than blows-that a man has to take goon heed of his facts oefore he is jusificd in calling another a cur, or a coward, or a thief, or liar. Therefore, it was essential in the State's estimation that the men who are to pass in judgment upon Mr. Tillman's deed should not be left under the im? pression that there was no more in the language applied to him by Mr. Gon? zales than the words that blistered and burned. It will be understood, of course, that I am not myself expressing an opinion one way or the other, I am merely dealing with the record as I see it, and seeking to convey to others an intelligent, comprehensive impres? sion of what I imagine is going for? ward here. It will be claimed by many that the circumstances admit of more than one interpretation. Had Mr. Tillman taken summary vengeance upon the first man who ever applied to him any or all of the epithets hurled at him by Mr. Gonzales-Southern esti? mations of conduct being what they are-the mental attitude of many peo? ple concerning him would be different from what it is. The defence will offer justification, which his friends hold to be ample and convincing. The incident in Washington will doubtless be given a yery different perspective from that assigned it in the editorial of Mr. Gonzales; the scene at Gaffney will be pictured an? other way : the failure to resent the early editorial attacks made upon him] will be counted forbearance and a pro- > found sense of his official duty and res?onsibility. The friends of .Mr. Tillman are entitled to interpret, no less than are the friends of Mr. Gonzales, and the able lawyers assem? bled here in his behalf will see to it, doubtless, that full emphasis is given to the construction which they place I upon the editorials which were sub? mitted in evidence today. State and defence alike put forward this testi? mony and I have sought to do no more here than indicate the respective ends they have in view-to suggest, too, that, while the day's .proceedings in Court have been monotonous, tedious, routine, they were, in fact, dealing with the very core of the matter at issue. For the rest it need only be added that the prisoner sat through the long hours of the day coolly, calmly and collectedly as ever. That it was a trial few men could have stood with perfect equanimity goes without the saying. Once more the language of the editorials writhed about him as the thongs of a knout. While hundreds of eyes were upon him he was called upon to sit quietly there and listen to characterizations of himself and his conduct which would set the blood of normal man aflame. What were his feelings, his reflections, his conclus? ions may only be imagined, but it is fairly safe to assume that to James H. Tillman the day's proceedings were not the most tedious or the most monotonous of the trial.-John Mar? shall, in News and Courier. Special to the Daily Item : Lexington, S. C., Oct. 2.-This morning's session of the Tillman tirai was the most interesting that has yet been held. The testimony is just now touching upon the circum? stances of the killing. Besides this there have been several somewhat dramatc scenes, and certain testimony as to threats made by Tillman aganist Mr. Gonzales not hitherto published were brought out. The most exciting scene that has yet occurred was during the cross examin? ation of Mr. August Kohn by Messrs. Croft and Nelson. These attorneys tried to make Mr. Kohn say that he knew there was bad blood between Gonzales and Tillman. Mr. Kohn stated be did not know. Col. Croft asked if he did not know so from editorials in the State. Mr. Kohn said Gonzales may have had no per? sonal feeling. Col. Croft was very ag? gressive, shouted in a loud voice, in? sisting that Mr. Kohn should answer whether or not be knew of bad blood. Messrs. Croft and Nelson spent a half hour or more framing every con- j cei rabie question to Mr. Kohn. Throughout the hot examination Mr. Kohn was imperturbable and answerd every time as originally. The most important testimony of the morning was that given by Dr. E. C. L. Adams, and by Mr. C. J. Ter? rell of the Johnston Monitor, as to threats that Tillman made against Gonzales. Mr. Terrell stated that once in Edge field he heard Tillman say he was go? ing to Columbia and shoot Gonzales down like a dog. Mr. Terrell remon? strated and told Tillman to go and have a square fight. Tillman said "No, I am not going to give him any more show than a mad dog." Mr. Terrell also heard similar remarks on two other occasions, which he stated. Dr. Adams said he was tlaking to Tillman in Columbia, near the end of the Gabernational campaign. Several persons were trying to get Tillman to go to the State office and fight Gon? zales. Tillman, after saying he was afraid lie would not get fair pay, said, "You boys need not worry, for by God. I'll snap his life with "this," taking a pistol from his grip. On another . occasion he heard Tillman, after some j one bad been reading an editorial in ! the State to him, in which the word I "mock theatrical" was used, said, ? " He may call it mock theatrical if he ! wishes, but I will make it the God damnedest tragedy that ever hap? pened in South Carolina." Dr. Adams was in Tillman's regiment in the Spanish war, and voted for him for Governor. When court took its recess for dinner Senator Brown of Darlington, was on the stand. Senator Brown was one of the two men who walked from the State House that day with Tillman. Zach McGhee. -? ? mm m Not many persons are familiar with the weapon used by J. H. Tillman in the killing of N. G. Gonzales, and the following statement from the Aiken Recorder is of interest just now when the trial is attracting the atten? tion of the country : Among the mat ters which we look with ineretst to see explained in the Tillman murder trial is, how Tillman could have killed Mr. Gonzales with a locked Luger pistol? Tillman said that he was only remov? ing his pistols from the Senate cham? ber to his rcom, and had no intention of using them. If this was true the Luger pistol must have had the safety lock on. But the weapon could not have been locked, as he drew it and fired instantly: and he could not have unlocked it at the moment with? out using his left hand and without the motion having been seen by his companions. 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