The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-07

! X n.
On the day after the tragedy witness
| thought he said to Mr.. SchmitZ, Lets
| take a walk and see the city" Mr..
Schmitz, he thought had a letter he want
ed to mail, but could not say positively.
When they left the curb, they were go
ing diagonally across to the post office.
Both were looking at the post office, but
he could not say at what part of the
building Their attention was attracted
by the gestures of the two men. He re-
cognized the two men before the blow
was struck He could not tell how many
gestures were passed The two men were
| standing somewhere about the north side
of the southern steps of the post office.
Witness does not know whether he or
Schmitz said, stop. yonder's fight,
/ but something, he believes, was said, he
| did not remember by which one. He
cid not think he swore before the Judges
that anything was said by either one of
them When Skinner sprang back, he
was about feet out from the raised por-
ton of the sidewalk next the post office.
He could not say Skinner was directly
facing Haywood then. Skinner had his
back arE right side kind of toward wit
ness AS Skinner stopped he threw his
left hand back under his coat; he could
not say exactly where. Witness saw his
elbow, and his coat as it was thrown
back He could not see the hand directly.
| Then Skinner advanced a step or two
and then the first shot was fred and he
suddenly stopped and kind of circled. He
was then near the edge of the sidewalk.
| He went off the sidewalk and went
around carriage that was standing there.
He was then going at walk but witness
could not tell how his back was turned.
| AT the second shot Mr.. Skinner had clear
ed the carriage and was something like
/ Is feet from the curb. Then witness would
Judge that he was kind of turned with
his back and right side toward Mr.. Hay
wood His ia ,e was not toward witness
when the second shot was fired. Wit
ness corrected himself upon examination
on this point, and said he meant the left
side. Witness did not see Skinner att
or just before the second shot turn or
throw his hand back but did see him kind
of look back over his shoulder, he could
not tell which shoulder, but thought It'll
| was the left
| Senator Norris read from the steno-
graphic report of the evidence before the
Judges, and asked~M Hocutt if he did
not say then that Skinner had turned and
advanced back toward Haywood at the
time of the second shot. Witness said
he did not remember that he testified to
that Again witness was asked if he had
said at that time that Skinner was not
clear of the carriage at the second shot
Mr.. Hocutt admitted he had said that, but
| said he was mistaken. He must have
misunderstood the question, for he GER
tainly saw Haywood clear of the car
riage at the second shot,
| After the shooting Mr.. Schmitz and
he went over toward Johnson's drug store,
and then to restaurant on Martin street.
The first person he had told of what he
saw was Col Harris. some three or fouI
weeks before the habeas corpus hearing.
After Schmitz and, he had walked away
he had begged S1mitz not to tell any
one he had seen Aything. as both Hay
wood and Skinner were Of wealthy fam-
| lies, and he had to work for his living,
and did not wish to get mixed up in this
matter. He had met Mr. Schmitz first at
Southern Pines, when he went to the
Grove Cottage to sell piano. He hadI
stopped at the Prospect House the last
! tiiuC' Ditt AS lhSCb lHSIt a MIS- OteNdIl
! Objection Overruled Were not witnesses
| frequent visit to Southern Pines for the
purpose of seeming this woman Empha-
ticaly no. Did he take this woman
out riding and in drunken carousel get
| hurt? No. He was in Henderson I'M
March, and was in the store of j. c. John
son; may have met r. j. Young. Did ne
state to Mr.. Thompson in the presence of
| ~ rlNoIx
| had sworn to a d lie? No. Did he
rot say that he knew lawyer in Balti
more who would make d good wit
ness? No. Did he says he saw it all and
there was no fight? He may have said
there was no fight, and he would not
call it tight today. What he did say
was that people in Raleigh said that if it
had been poor man, he would have been
| lynched before night, but he thought he
knew a lawyer in Baltimore that would
rake good witness, but he did not say
on which side. Asked if he did not say
| the sentiment in Raleigh was very much
against Haywood. A storm of objection
from counsel for defense and question
overruled. Mr. Hocutt said he did lot
purposely tell people what he had seer.
He knew Mr.. o. G. King, the Raleigh
druggist, and had some conversation with
him about the affair after he had been
summoned as a witness. He might have
told him he did not know which side heI
was to testify on because he did not care
for people to know how he was going toI
testify but he had not told Mr.. King heI
saw nothing of it, or that there was mol
fight.
Asked if he was married man, Mr..
Hocutt said he had been married twice.
Asked if he had not been divorced from
his first wife on the ground of adultery.
Objection. Overruled and exception
noted. Witness said yes. Was he not
charged with living in adultery with
Jenny Robinson? Objection sustained.
How long after the divoce was he mar
ried the second time? Objection sus-
tanned
/ Capt Day: care you infringing on the
preserves?" (Laughter)
j Mr. Daniel protested against such re-
marks on the part of COUNSEL Judge
PEBBLES said he did not know what Capt.
/ c.,n ha