The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-11

IL came from credible sources. IL one
witness swears he did hear or did see
something, and another swears he did not
see or hear it, it was the duty OF the
jury to give the greater weight to the
positive testimony, on the theory that
some circumstances prevented one witness
from seeing or hearing what the other
had seen, and that he could have seen 1t
If otherwise situated Why did not the
State of North Carolina. with all the
money at its back. bring at least one wit
ness that saw at least 4 part of the origi-
nal transaction?
There was another statement by Mr..
Woodland. He said that the burden was
upon Ernest Haywood to prove by the
preponderance of evidence that he was in
reasonable fear for his life. And he said
that if the scales balanced. it was still
the duty of the jury to find him guilty.
The weights in the scale for the defense
are such witnesses as Ned Barnes, Mack
Fuller, the little boy and all the others.
On top of all these are those clothes of
Ludlow Skinner. They weigh a thousand
pounds more than all the airy nothing
ness Of those witnesses who had not seen
any controversy. On those clothes alone
the jury should acquit Ernest Haywood.
They had seen fit to discredlt the testi
mony of Hocutt and Schmitz. not only
by witnesses who swore against their
character, but by the fact that they were
over near the Citizens Bank and could
not have seen through those three car
riages. But their own witness, Mr..
Sauls, had been standing on that Citizens
Bank corner. too. and they put him for
ward as having seen the whole thing.
How could he see if Hocutt and Schmitz
could not?
Mr. Woodland had asked why and how
Ludlow Skinner had gotten on that para
pet But here is the evidence. Mr.. Lind
say says he came out of the main entrance
with Mr. Skinner and had gotten to the
other side of Martin street before he heard
the first shot. Where was Mr.. Skinner all
that time? What did the little boy say?
He said he saw Mr.. Skinner talking to
some enc. Yes that was where Mr. Skin
ner was He was there waiting for Err
est Haywood
DR.. Knox had said that on going back
along the track of the bullet he had
found a slight scratch on the heart, and
that would be used to show that the bull
let had struck the heart. and would
cause shock and instant death. But DR.
Knox had said that he found no CORE
spending cut in the pericardium. Accord
| ingly that little cut on the heart must
have been made by DR.. Knoxs knife.
That bullet had gone through the de-
scending aorta. which lies next to the
backbone. That shows its course was back
ward. and Mr.. Skinner must have been
shot from the front and the side.
| The theory OF the State was that Mr..
Skinner received the fatal wound out IN
hn CIV pIf ~
that he first looked uD and then down
and saw Mr. Haywood with a pistol in
! his hand. Then he saw Mr.. SkinneE just
emerging from the carriage. If that be
true, how could he receive the shot near
| the car-track? Then f. B. Austin had To-
Gated Mr.. Skinner upon the sidewalk and
coming off the sidewalk. At the time
the second shot was fired Mr.. Skinner was
approaching the carriage and passing be-
hind it. V. G. Tompkins had had view
OF only eight feet or SO from his glass
! door, so he did not see where Mr. Skinner
! was. He could see only Mr.. Haywood
with the pistol in his hand, looking dag
onally up the street Did not that zorro.
! borate Barnes, Simms, Hocutt, Schmitz
and Fuller Joseph Wigs was at the
Henry building, and had seen Mr. Skin
ner seven or eight feet out IN the street,
in a stopping position, Just to the right
of a carriage at the curbstone. The
States own theory is demolished by their
own witnesses. Neal Freeman told Mr
Robbins he was about at the Academy OF
Music But take it he was where he said
he was. He said he saw Mr.. Skinner
about two feet from the car-track Can
that be believed with all the other evi
dence? Mr. Simpson says Mr.. Skinner
was going in a southeasterly direction.
Did they expect the jury to believe any
such testimony as that? He looked kind
of over his left shoulder, and then tna
second shot was fired. How could he be
shot in the left side in front OF his arm
il he was in that position from Mr.. Hay
wood? Mr.. Moring saw Mr. Skinner out
in the street. But he did not look up
till after the last shot. And he could not
have seen Mr.. Skinner till he got out from
behind Ned Barnes carriage. Is that in
consistent with the theory of the de-
Tense? Branch Hopkins says the second
shot was fired as Mr.. Skinner was on the
car-track, and that his side was toward
Mr.. Haywood. But he admitted that he
gave a statement to Mr.. Jones. saying
that Mr.. SINNERS back was turned to-
ward Mr.. Haywood Edward Murray's
SCdtSultHC was pldCliCdilS Ilic SdLlt dS
Branch Hopkins.
Then there was the statement of Mr..
J. S. Johnson. who saw Mr.. Skinner out
in the street going directly across and
that he continued that way until the sec
ond shot was fired. Mr.. A. II. Green
said Mr.. Skinner was going northeast,
just the way Mr.. Tompkins says Mr. Hay
wood was looking.
Mr.. Warren had seen a gentleman
emerging from behind carriage. He first
saw his legs through the wheels of the
carriage. When he got into view he saw
him have his hand on his hip going on:
in that direction. The wound had par
TALLY paralyzed the muscles and that was
why his hand remained in his hip pocket.
Mr.. Warren saw Mr.. Skinner look back
as soon as he got from behind the car
riage, and that explains Mr.. Haywoods
second shot Mr.. Warrens testimony Is
supported by Mr.. Thompsons evidence,
which Mr.. Holding then read. Mr.. Thomp-
son. had seen Mr. Skinner also with his
left hand on his hip pocket at the time
of the second shot. If it is false that Mr..
Skinner had his left hand in his pocket
at the time of the second shot. .hen the