The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25
IRE news OBSERVER MORNING. MARCH 25

willing that the letters may be submitted
to Your Honor in order that you may
pass upon their genuineness and good
faith
Fifth: l am not ready to go to trial
at this term of the court because of
the unavoidable absence of a number OF
witnesses whose testimony is material
and necessary to my defense. The fol-
| lowing are some Of my absent witnesses:
Mr.. Philip BuSbee. lie is a resident of
this city and came out Of the post office
with Mr. Ludlow Skinner Immediately
before the homicide. l expect to prove
by Mr. Busbee that he came out Of
the middle door of the post office with
Mr. Skinner; that they parted upon the
! sidewalk: that Mr. Busbee went across
! Fayetteville street towards Martin street
and nearly to the door of the Citizen
! National Bank when he heard the first
shot fired: and that if Mr. Skinner had
walked across the street as the prose
| cution contend that he did ne would
have had ample time to have gotten be-
yOnd the corner of Johnson's drug store
on Martin street. And / expect to prove
further by him that Mr.. Skinner had
ample time, after they parted near the
| post office door, to have gone down to
the southern end of the post office and
| had the conversation and difficulty with
! me described by Mr.. Simms. ! have
! had a subpoena issued for MIR. Busbee
and placed in the hands of the Sheriff.
| but it has not been served upon him be-
cause Mr.. Busbee is absent from the
| city, receiving treatment in a hospital
where an operation has recently been
| performed upon him, and he is not able
now to leave the hospital but is inn
proving and have every reason TO be
lieve that by the next term of the cour
he will be able to give evidence in this
case
Mr.. John H. Hammet is a witness for
me, and l expect to prove by him that
he heard Mr. Skinner say he intended to
kill ME-. Mr. Hammet was in the city
Immediately after the homicide and made
this statement to my attorneys and prom
ised to be present at court whenever the
case came to trial. The last time heard
FROM Mr. Hammet was a Suffolk. Va,
and one of my counsel wrote to him. re-
questing him to be present at this term
of the court or to keep US informed IA
to his whereabouts, in order that we
might arrange for him to be present.
Mr. John S. Stump, of Baltimore, Md,
is material witness for my defense
expect to prove by him that both shots
were fired very nearly together and
while Mr.. Skinner was on or very near
the sidewalk. long before he had reached
anything near the middle of the street
or the street car track Mr.. Stump was
then in Raleigh and saw a portion of the
difficulty. He consulted with my attor-
neys and promised to be present at the
trial, provided he was given a reasonable
notice beforehand so that he might ar
range with his employers to get off and
sufficient time to enable him to come to
Raleigh. / do not believe it will be pos
sible to get Mr.. Stump here at this
term of the court because. as | have
stated before, no one was authorized to
make arrangements or agreements on be-
half of the State relative to setting this
case for trial, and there will be no such
difficulty hereafter and the case can be
set for a day certain and my witnesses
living beyond the State can be notified
in time so that they may be present.
None of these witnesses are absent by
my procurement or consent, and this af-
fidavit is not made for the mere purpose
of delay. but verify ana Il truth for
the causes herein set out.
Sixth: During the four weeks which
have passed since the homicide, three of
my attorneys, Col. Argo, Capt. Day and
Mr.. Ryan, have been sick, and for some
time were unable to attend to any bust
ness.
For the reasons set forth in this af-
Il haIs 40
go to trial at this term of the court
My attorneys advise me that while in
their opinion l have a good defense, they
have not been able to prepare that de-
tense as thoroughly as they think it
ought to be prepared. They tell me
further that friends of tn prosecution
have infiamed public sentiment to such
an extent that some witnesses in my
behalf are keeping silent, and are not
giving me the benefit of what they know
| believe witnesses have been intimidat-
ed and run off. or induced to conceal
themselves, and that I cannot, if tried
now, have that fair and impartial trial
which every man on trial for his life
should have.
l do not desire to ask for a removal
Of my case from Wake county. | would
prefer to be tried in my native county
whore I have spent all the years of my
life; and if / were to ask and obtain a
removal of the case, | am satisfied that
| would meet the same conditions in otn-
er counties where the newspapers men
toned in this affidavit circulate very
largely, and / am informed that the pro-
secution in this case have spoken to at
torneys in at least two counties-to-wit:l
Durham and Harnett-and asked them to
be in readiness in the event this case
were removed to either of those counties
believe that after this term of the
court, when the management of the pro-
secution is in the hands of Solicitor
appointed by Your Honor, who will say
authcritatively to all persons that the
State of North Carolina wants the truth
in this matter and that every witness, |
whether black or white. and whether
humble or high, shall be protected in
telling what he knows in this case, l |
will not have my witnesses run away |
from Raleigh or advised to say nothing |
or told that this was white peoples |