The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-14

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Strong admitted 1T.
WHY had the State not allowed the de-
Tense to get Miss Native PAGES testimony"
Could the jury conceive of the State of
North Carolina demanding the life of one
of her citizens and not letting him know
F., the evidence against him? Had Mr.. Nor
ris told why he refused it? The voice of
North Carolina has not been heard here,
but rather the voice of persecution. Tbs
case was an exception to all cases he had
ever heard of. and he had been connected
with over a hundred capital cases. The
speaker compared it with the Spanish
Inquislton. Is mans life worth less
than the bushes of a woman?
Then they wanted to keep back all OF
Miss PAGES words except Just, Hes GO
ing TO shoot him. without her previous
words about a fight. That would have
been as false as the hell above which
we are standing
Mr.. Gillian had spoken for four hours
on the evidence of men who said they
saw nothing until after the second shot.
Could they have brought evidence Of
those who saw it? Yes. Did they do il?
No He thanked God it was not the State
doing this, but a Meloch of private
prosecution knowing no mercy, no justice,
no pity, but only hellish revenge.
Then Capt. Day proceeded to take up
the testimony of little Walter Thomas.
The State had not given us that evidence,
but they brought instead Sauls, Sauls
reekng and sinking from the slime of a
life that he had made Infamous. But he
would do them the credit to say that
they had deserted Sauis. Not once had
they referred to him in their arguments
and he claimed to have seen more of 1T
than any of the others.
The little boy is sustained by Miss
Mattye Pace They asked questions to try
to show that no one had seen the wagon
and mule How could they have seen il
when the boy himself says his mule turn
ed and ran away. Look at Mr. Simms,
how at first they cross-examined him with
the object of dscredting his state
ments, and then, when they abandon the
charge of murder in the first degree, come
here and say Simms is their strongest
witness Do you notice that they never
put their strongest witnesses on the
stand? Look how they fought shy OF
Willis Briggs.
Captain Day, in his eagerness, stepped
several times within the jury box, and
the Judge suggested that counsel do not
become member of the Jury Captain
Day said ne went that way naturally be-
cause ne liked to be in good company.
AS to Schmitz, he's a dude and he can't
be believed If a man Is a liar because
he's a dude, then Mr. Winder had better
look out and Mr.. Gillian, and even Mr..
Woodland since he had returned to the
court room. Mr., Strong could be ac-
quilted of that charge. He pointed to
juryman Holt and said he could not be
believed il he was not careful. Let's see
what the charges were against Schmitz
He was a dude. he wore a longtail coat,
he wore scarf-pin, ne wore a white
shirt, and here they find Judgement, he
parts his hair in the middle. That was
something But the elimination of the
deep damnation of his taking off was that
Governors and Congressman gave him a
good character.
Would Schmitz come all these miles to
swear to lie? Well, let him go, but
who goes with him? Miss Mattye Pace.
Was Schmitz a cohjurer? Could he find
out what Miss Pace was going to swear
to? But they say he's liar because he
couldn't see from the Citizens Bank corn
er But how about Sauls? He was over
there, too. It's true they've abandoned
him. How is it they couldn't
ma any one DQJ lGuy ana FOlBeE TO ties
t!fy against Schmitz out of all those
600 900 people? Capt. Day characterized
these men as liars and scoundrels, and
was called down. He apologized and SAID
that hereafter he would merely say they
had forgotten their catechism. Gaugh-
ter) at
AS for the men they brought from
Southern Pines, they were the very men
who had testified to Schmitz's good char
acter at the habeas corpus hearing. Who
had ever heard of Clark and Oslin. and
who would ever hear of them again?
Schmitz was supported by Miss Pace,
the little Thomas boy, Ned Barnes Mr..
Gillian had said Ned Barnes testified that
he heard the two men using angry words
whereas Ned really said 81 heard some
one speak," and Woods had said the ton3
of their voices was gentle. Capt. Day
declared in this connection that here
were some of the startling facts that
showed that the voice Of the State of
North Carolina was not in this prosecu-
ton. Such misquoting of the witnesses
words would not be pardonable in the de
Tense of a mans life.
Ned Barnes might have been mistaken
about that right hand in the excitement
OF the moment. He had not said his
left hand was not to his hip.
Capt. Day said the reason Mr. Skinner
failed to get his pistol was that he had
on an overcoat and his body coat was
buttoned and his hand went under his
oyercoat but not under the body coat.
They had taken Simms and tried to
make him say there was struggle; but
he said there seemed to be struggle,
and then modified it, that they had their
hands out, could not say exactly they
were pushing against each other And
they stand by Bob Simms, yes, like the
Devil stands by Holy Water, shaking and
trembling
They fling to the wind the negro Har-
rington, because he said the first shot
struck him. Mr.. Fuller had said Skin
ner was going from Haywood all the
time, except for one slight turn. Mr.
Gillian had misquoted Mr.. Austln's teS-
timon,. Mr.. Austin had really said that
SINNERS back was toward Haywood at
the second shot.
Mr.. Woodland had said five time that
lSkinner's back was toward Haywood at the
second shot, and Mr. Gillian had argued