The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-14

whenever a homicide Is committed from
an impulse excited by provocation i'm
mediately given and presently at the time
Of the striking Of the fatal blow, the de-
PENDANT is not guilty of premeditated muir
der. nor is he guilty Of murder in the
second degree, because there is the NOV
ing cause presently melting to the act; it
would be only mansERughter. And il it
could appear that there was a reasonable
apprehension of a further assault and it
should appear that it was necessary to
disable his adversary the act would furth-
er be reduced and the test of necessity is
the reasonableness of the apprehension.
That makes our case, that is the case
we are going to make before the jury We
do not fear this trial before a petty jury
because we have other shots in the locker.
1t is unnecessary for US to insist now
upon that phase of the case because bill
has been found and we merely mention it
and insist upon it now to offset the guam
tum of bail Now a few words as to the
facts and 1 have done. Now if your Hon
ors please, we assume without fear of
contradiction that it has been proven be-
yond reasonable doubt by the evidence
that the deceased assaulted the defendant,
struck him blow on the right side Of the
temple and knocked him down before the
defendant fired the first shot. We say
that has been proven out of the mouths
of witnesses whose characters, excepting
the witness Hocutt, have not been inn
peached, and whose characters cannot be
impeached, but in the full assurance Of
your Honors that these men are to be
credited without hesitation, without
doubt; we produce an array of witnesses
to establish and to prove their good char
acters with MIR. Simms at their head
showing them to be men of some condition
in the estimation of their fellow citizens
in the community, that they might justly
be credited by anybody. / notice in to-
days paper that Mr.. Simms has been
elected third vice-p president of the Baracca
Association in America. I believe that
that is a Sunday school organization At
the last meeting of the State Sunday
School Convention he presided as pres-
dent. And then we produce a, long list
of witnesses who proved his character,
all of them. whose words would be receiv-
ed anywhere, on anything, come in and
testify that Mr.. Simms is to be believed
They certify him to your Honors as a
man whose words ought to be received
without question, and that is what a
proof Of good character means. He said
he saw the blow stricken and the man
knocked down and both shot were fired by
the time the man got to the middle Of
the street; struck him before Haywood
had said or done anything to invite the
assault. Immediately upon his recovery,
from apprehension Of further assault or
from anger or pain, it does not matter
but Immediately upon his recovery he
drew his pistol small man that he is,
which puts him upon an equality with
larger men, and fires the shot. Not only,
if your Honors please does Mr.. Simms
testify that, but Mr. Sehmitz does like
wise, whose appearance here and deport-
ment commend him to Us and who cor
roborates Mr.. Simms. and whose character
has not been attacked by the other side
We have brought witnesses here from
Baltimore and Southern Pines to testify to
his good character. he himself was not
"a wiling witness, Tor he concealed for a
long time his knowledge Of this tragedy.
Then we have Mr. Hocutt, who is COR
roborated by Mr.. Simms and Mr.. Schmitz
Then gentlemen who testify against Mr.
Hocutt seem to have some personal griev-
ance against him, and may be their judg-
ments are influenced against him by that
fact; but other gentlemen. Mr. j. D. AL
len, Mr.. Broughton, Mr.. Dewitt Smith,
testify as to his good character Mr.
Smith said he ascertained the good char
acter Of Mr. Hocutt before he employed
him.
Then we have Ned Barnes, who has a
white and pure heart under a black skin.
He deserves more credit than any other
witness who has been on this stand. be-
cause Of the adverse circumstances under
which he was born, under which he was
raised and by which he is now surrounded.
Notwithstanding, if your Honors please,
the battle which he has been forced to
maintain by virtue of his race, by virtue
of the locality of his birth, by virtue of
the environment in which he has been
placed and by which he has been sur
rounded from his birth up, no one man,
white or black, can stand up and say that
Ned Barnes has not a character as good
as anybodys: that he is not as trust
worthy as anybody. On the contrary, the
gentlemen Of his native town-men who
are in official positions, men who have had
great business success in life, a number
.of the first citizens Of this town-said with
one accord and without hesitation, volun-
tarily came to say, I'VE will not see Ned
Barnes sacrificed Mr.. Green, his next
door neighbor, and others He has lived
in this town for two and half years; the
people have observed him and he has
won for himself a character that any
white man might be proud Of He is our
most material witness because he was
nearer. He saw more; he knows more of
the moving causes; he knows more of
the provocation; he was there about his
business, accidentally there, having just
left some ladies at some exhibition at the
metropolitan Hail. He hears voices,
something in the tone attracts his atten-
ton; just as he looks the fatal blow was
stricken and Mr. Haywood was knocked
prone on the sidewalk Then he says he
saw Mr.. Skinner turn and jump. and 81
saw his right hand-I don't know where
his left hand was. He jumped back and
was shot in the side" Do you believe
Ned Barnes? DO you believe Schmitz?
Do you believe Simms? Do you believe