The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-16

A& @& A&& ana EN8C&11N~ OF determines ID
has usud 20 commit tho act. BIC aas ,haS
~premcil:ated the commission 81 &c act
The law doe~ not lay down any rule a. -
the time which must elap~c between u,
moment when "a person pvruscaitatc~. or
comes % tic determination in his oWa
mlnd 20 xii another person. an .hc mo
ncut When hc dos the killing. as a tc~t.
II - nut a question 90 t3rnc. II : msrviv
a question e whether the accu~ca tormcI
IN his oWn mind the determination u
k1ll the Deceased. and them al ~azac sub
seQueut ucriod. either immediate or re-
mote. does carry hfs pvcy5ouslv formed de-
termination snto effect ~ killlnE the T.
ceased II there - an latent 10 hi! and
a simultaneous killing. then there : 80
pfcneistauon In determining thts que
t}on o. the dehbesattun and prrnedatatlou.
n D. competent for ;hc lary 80 take snto
their consideration tic conduct OF tac
prisoner before, - well n ~ the tame n
the homicide and al the circumstance
connected with the homicide
Mr. Pou has dealt with theories suA +
NH deal wlth tie evidence We viii con
sldcr the evidence q Mr.. Smlltz snd III.
Hocutt. They we're some distance from
the scene OF the tragedy They Nvre
standing about AZ the corner q the Clts.
Gems National Bank. and the killing o
CURED al the southeast corner ~ the pc.t.
ofhcc. or thcrc3hout. II - evident that
they could not have seen very distinctly
from such distance. saying nothing Of the
TACT that there were three carriage stand
ing IN front OF the post ofhec according
10 the testimony Of the other witnesses
Mr. Smldtz says that he SAW Ludlow SKIN.
ncr strike the defendant, and retire from
hIm sonc 5 or 10 or IL feet. and hesitate
for an instance tn4D fE. gftFhsrv ~ f4.
sidewalk He trics 10 20 further than any
other witness into the question OF Ludlow
skinner making any move Ia draw A
weapon but, II you will read tile testimony.
you VIII find that he cannot quite - made
10 say that. With thus one exception IL
would seem that Mr.. Hocutt's testimony
j. about like that OF Mr. Smidtz. hut We
Will take MIR. Slmms' testimony, the Wit
ness for the defendant. and who was very
much nearer the scene OF the tragedy.
and whose vision Was un~ob~tructcl. To
my recollection he was standing a little
north of the middle steps OF the post Of
fee. and ~tcstlfics that he saw Ludlow
Skinner strike the defendant and retire
from him A much greater distance than
that testified by Mr.. Smidtz. hesitate 4
moment and attempt TO 90 from the de
PENDANT, when he saw or heard the Nash
or report Of the pistol. According TO hi,
testimony he was IN a position to sec all
that occurred. and he does not for one
moment say that he saw any effort on
the part OF Mr.. Skinner To draw the pas
tol. Take the evidence OF the witness
Rogers. who t~cstifes as To what Ned
Barnes told INN a very short while after
the tragedy occurred. He was standing
about s feet from the window OF the sec
ond story of the post office. About the
time, or l/ssibiy before, he could get 10
the window, being attracted by the report
of the pistol, two shots were fired. Upon
looking out Of the window he saw Ludlow
Skinner off the curbing of the sidewalk
about, as l recall 1t. half way between
the curbing and the street car track. lie
says that Barnes told him that before
and after the first fire of the pistol. Lua-
low Skinner was cndcavoring To get away
from the range OF the defendants shots.
Under the view that | take or the case II
makes but very little difference ~ to
whether the first or second shot hllcd Nj.
skinner, but If evidence Is to be believed.
given by those who were in a position TO
give it, 1T was the second shot that killed
Ludlow Skinner, for the reason that just
at, or Immediately after, the second fire
of the pistol, he threw his hands up and
brought them upon the upper portion Of
his body and made all other Indications
that a man would make who had just re
ccivcd ms death wound.
Now what was the condition Of Mr..
Haywood at the time of doing. and mn
mcdiatcly after he had done this decd
He was perfectly cool and collected. he
took care that his hat should be straight
upon his head, according To the testimony
Of the young man who had been page in
the Legislature, and according 10 other
testimony, he picked his hat III and put
it upon his head. and in all respects seem
ed TO be perfectly cool and collected.
What would have been the condition ~
any man under the circumstance. who
had not dcliberated the deed? After the
fire Of the pistol. or after he had seen the
fatality Of his shot. he would have shown
great excitement. he would have been
overcome with the fear that accidentally
he may have taken Il human HE. he
would not have quietly put his pistol IN
his pocket, but would have let il fall and
have FASTENED to the wounded man TO -cc
the extent OF his injuries. Now, according
to the testimony OF the witness, he not
only fired twice, but held ms pistol IN
readiness. He did not do 50 from the
fear Of an attack from Ludlow skinner
with a pistol, because Skinner was trying
to get away from him. If he had hard the
high regard for human lie which lac
should have had, he could easily have
placed himself in safety. II would have
been but a step or two 10 where he could
have shielded himself behind the cover Of
the poetoffce, out OF the range Of any
pistol ball Of Ludlow SINNERS. Put. with
the intent to kill, he fired once, and with
out being in any danger from Ludlow
skinner. under all OF the testimony, he
fired again. and only replaced his pistol
in his pocket when he was yell assured
that the life he had premcditated taking.
had already been aiken. There is a great
deal OF evidence which bears upon and
s~ustains me in the position which ! have
taken. but doubtless shat VIII be brought
out more fully by my associate counsel,
who viii follow me.
MR.. DONEELL GILLIAMS ARGC-
MENT.
1t is submitted on behalf oi the State
that the application OF the defendant TO he
admitted to bail should not be allowed.
1t il contended IN the first instance,
that, inasmuch as a bill OF Indictment
has been regularly returned against the
defendant for murder in the first degree,