The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-04

the wagon. On February Dist he was at
Mr.. McMackn's stable, then went on
down to Mr.. Upchurch's stable, and came
through the alley by the Rescue fire house
to Fayetteville street and walked north.
AS he got near the little tree n front OF
the postoffice he heard a pistol shot and
looked and saw Mr.. Haywood standing
on the little rise under the window.
Looked in the street and saw a man that
seemed to be hit, because he turned to
the left and threw his hand up to his side.
Just then the second shot was fired, and
then he seemed to be hit again. Stag
gered on few steps and fell. When first
seen Skinner was about three steps off
the sidewalk. At second shot he was near
the car track.
Right afterwards witness went on up
to Tucker Building and crossed to bank
and went up to the Raleigh Furniture Co.
There met woman by name of Myrtle
Dunn. She spoke of it, and witness ask
ed her if she knew of shooting. and told
her Mr.. Ernest Haywood had killed a man
around there. Did not tell any other
person.
Cross examined by Col. Argo, witness
said he saw nothing till he heard the first
shot.
JONES FULLER.
Jones Fuller, of Durham, was next
called and examined by Mr.. Daniel Was
a member of the Legislature last Feb
rrary. Was in Marlborough House, at
window on third floor over entrance. His
attention was attracted to the street
just in time to see first shot. Saw flash,
and defendant was standing on the para
pet just below the south window of the
postoffice. Skinner was in the street just
d few steps from the curb. After the
first shot he continued across the street
toward the south, walking not very fast.
Then he turned to left and was just
about the west rail at time Of second
shot Turned and fell with face on west
car rail After the first shot he turned
10 the left, so that if he had gone on
would have landed between Denton's and
Henry Building. Both hands went UP TO
lis left side at the second shot linen
circled and sank to his knees. His hat
was rolling on the ground. His gait quick
encd some after the first SHOT. Defendant
made the second shot from the parapet
and remained there a moment or two
and then walked up the street. Witress
could see the outstretched hand and the
flash of the second shot. There was no
delay or stop or movement of the hand
OF Skinner after he saw him until he
fell
Cross-examined by Col. Argo. Mr.. Full
Ter said his right side was to the window
at first
Col. Argo asked what attracted Mr..
Fuller's attention to the street. Senator
Gillian and Mr. Daniel objected, and Capt.
Day read authorities On the matter, and
objection was withdrawn.
Mr.. Fuller then said that his attention
was attracted by something young lady,
Miss Native Pace, said. She was sitting
in the window looking out. He thought
she said there were two men qualrclling,
Or there was about to be a fight She
may have said: There's fight" He
remembered speaking to Mr.. John w.
Hinsdale, Jr., that evening and telling
him that some one who had seen it had
told him that Ludlow Skinner had struck
Haywood on the breast. This was object
ed to and ruled out by The Judge as a
subsequent statement.
Then Mr. Fuller said that everything
Miss Pace had told him was said to him
at the very time of the homicide, or inn
mediately afterward, while they were suil
at the window. Then arose a discussion
as to the admission of remarks made I'M
mediately after the shooting, while both
were sitting in the window.
The Judge asked Mr.. Fuller about it,
and he said that after her first remark
Miss Pace said: Hes going to shoot
him That caused him to run to the
window. Then she told something else
Just after it was over. The Judge ad
mitted this
So Mr.. Fuller went on to say that Miss
Pace had told him she had seen Haywood
and Skinner standing there talking APP
parently in angry conversation. That she
had seen Haywood apparently lmpresslng
something upon Skinner, touching HIM on
the breast with his finger. Then she saw
Skinner strike Haywood, apparently on
the chin. That made her exclaim, and
then Mr.. Fuller looked and saw the fash
of the first shot
Witness said that counsel for the de-
Tense had asked for a statement of what
he knew, but ii had not been given them
On redirect examination by Mr.. Dan
iel, Mr.. Fuller said SINNERS back was to-
ward Haywood as he went across the
street and he saw no movement of Skin
-ner's hand. When witness heard MSS
PAGES exclamation he took one step to
the window, and at that time Haywood
was making the attempt to file, and
Skinner was retreating across the street.
Witness had exacted promise at the time
he made a statement to the attorneys
that Miss Pace should not be put on tAe
witness stand.
At this point the State rested and Mr..
Pou again asked what verdict the State
would ask for. Mr.. Daniel replied that
they would ask for a. verdict according to
the charge in the Indictment.
Col Argo then asked that court al
journ until Monday. 1t was then Il few
minutes after twelve O'Clock. This was
agreed upon by counsel.
By request of Mr.. Pou, and to accom-
modate the witness, three were then
put on for the defense, character wit
nesses, as follows:
F. w. Barnes, of Wilson, ex-president
of the Bank, and a resident for twenty-nine
years, gave Ned Barnes, the negro car
riage driver, Il good character. Had
known him well for a number OF years,
and knew his reputation at the State
Hospital
DIR w e. Tyrpp DactOr of thc L'irct