The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25
Ernest Haywood Asks
That Trial be Postponed
Continued from First Page.)

Continued from First Page)
reply from Mr.. Woodland, brt has had re
other information from him Mr.. Wood
ards silence was doubtless due 10 the
fact that he was not possessed of the in
| formation.
/ Third: | do not think my case ought
I to be tried at this term of the court be-
cause the unusual excitement caused by
the homicide ana the various publca-
1 tions, giving principally the evidence
and contentious of the prosecution. have
/ temporarily created a sentiment unjust
and hostile to me. and it would not be
/ fair for me TO be placed upon trial at a
/ time when public sentiment had been
aroused against me to a high pitch by
unfair statements and publications, in
many instances erroneous and in all
cases incomplete. I am satisfied that
within a short time this excitement will
subsdo and that the people of this coun-
/ ty will be willing to hear both sides and
/ to pass judgment upon me according to
/ The law and to the evidence. This eX-
citement and hostility has manifested
/ Itself in various forms. l viii mention a
/ few:
1 formed that there were numerous and
apparently serious threats made by the
friends and sympathzers of the prosecu-
tion Of lynching me. So loud and gem
cral we're these threats that the officers
of the law thought it proper to arrange
for one or two persons to sleep in the
jail for one or two nights in order that
l might have protection.
Many newspapers of wide circulation
ard great influence save voice to this
unjust and hostile public sentiment: and
published statements which were not ac-
curate in themselves and which were
calculated to arouse this unjust hostility
towards me and to prejudice my case. l
do not allege that these statements were
Intentionally incorrect or that the pur-
pose of the publications was to arouse
prejudice against me. On the contrary
believe that the reporters of the pa
pers were misled by the popular elamor
raised by the friends and sympathizers
of the prosecution and by statements of
persons who were hostile TO me- and that
the papers were in this way misled into
making the publications aforesaid. While
believe the purpose of the newspapers
was to be fair and just the circum-
stances of this case were such that the
reports printed in many of the papers
could have had no other effect than to
arouse prejudice against me-
Among the papers publishing accounts
Of the homicide was The News and OBJ
server a paper published in Raleigh
which has large circulation and great
influence. 1t is controlled by Hon.
Josephus Daniels, a man of great influ-
ence, popularity and power, and whose
word or publication carries great weight
wherever he is known file herewith
marked Exhibit A, a copy of the News
and Observer published on Sunday morn
ing February 22nd, and another copy Of
said paper, marked Exhibit b." pub
lished on Tuesday morning, February
oath / feel that these publications
tended to prejudice my case, but I am
satisfied that it was not the purpose or
intention of the editor of said paper to
! arouse any prejudice against me.
Besides the News and Observer, the
same corporation, managed and controll-
ed by Hon. Josephus Daniels, publishes
two weekly papers, one known as The
North Carolinian, the other known as
The Farmer and Mechanic. In these pa
pers shorter and condensed accounts Of
| the homicide were published, in which
substantially the same account was
printed in The News and Observer was
! given
l am confident that neither Mr.. Daniels
nor these papers had any purpose to
create public sentiment against me and
that they only published what were the
current reports. The first reports were
generally unfavorable to me. Few peo-
pie saw any part of the difficulty until
they heard the pistol shots and saw only
what occurred afterwards, and they We're
slow to believe that there had been a
difficulty prior to the shooting. They
did not realize that there was nothing
to attract their attention until the shots
were fired. and that il was then too
late for them to see Mr.. SINNERS attack
upon me.
The Charlotte Observer, a paper pub
lished in Charlotte, n c., and issuing a
Monday morning edition, sent special
| correspondent, Mr.. l. f. Avery, son of
eX-Judge A. G. Avery, of the North
Carolina Supreme Court, to Raleigh on
sunday the 22nd ~of February. and he
wrote a three column account of the
homicide, together with other matter not
necessary TO an account of the homicide
and untrue, but calculated to Influence
public sentiment against me, and it was
printed in the edition of Monday morn
ing The owners of The Charlotte OBJ
/ server sent a special agent, with a MN
Der Of newsboys. with fifteen hundred
| copies, as | am informed, of the issue of
The Observer containing Mr. Avery's re-
port. to this city, and all of the said pa
pers were sold or distributed upon the
streets of Raleigh and a large quantity
We're sold in adjoining counties. copy
of this paper containing Mr.. Avery's ac-
count is attached to this affidavit and
marked Exhibit c.
This article of Mr.. Avery's, appearing
in a paper having the reputation pos
sessed by The Charlotte Observer, and
distributed and sold in such large num-
bers on a day when no other morning pa
per YVES issued, could not fail of having
the effect of inflaming the feelings of the
public and exciting hostility towards me
About week later The Charlotte OBJ
server sent another known reporter,