The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-02
HABEAS CORPUS.
The Case of Ernest Haywood Heard
at Raleigh Yesterday on an AppIi-
cation for BaiI-Hearing Will Con-
time Today and Probably Mon
day.
Especial to The Messenger

tSpCS1dl ~ IL
Raleigh, y. c., May 2S.-At h hear
ling this afternoon of the habeaS cor
Ipus case Of Ernest Haywood, charged
with the killing of Ludlow Skinner,
Justices Douglas and Walker presided,
the latter sitting at Douglas request.
Haywood was brought in accompan-
lied by six attorneys and three ct his
brothers. He looked rather haggard.
THE court room was thronged.
Attorney Argo asked for HayWood's
release on bail.
Bernard SchmitZ, ofBaltlmore, the frst
WITNESS. swore h saw Haywood and
lSkinner talking at the postOffice: saw
Skinner strike Haywood-that Skinner
stepped back n started towards
Haywood again, M then HAYWOOD
shot Skinner; he staggered back n
stepped off the curb, and then was
shot again.
Robert y. SimmS. an attorney OF ha-
leigh. was the next witness. He SAID
saw the two men struggling at the
I~postoffce steps; that Skinner struck
sprang back, and that n
first shot was then fired by Haywood,
that Skinner hesitated a moment. then
went towards the car track in the CEN
ter of the street; that when he was )
fleet from the car the second Shol was
fired: that Skinner was moving rapidly
lacross the track and then fell.
Governor Aycock and many others,
Including Josephus Daniels, Robert NJ.
Thurman. Rev. DR.. T. N. Ivey and
Mayor Powell. testified to Simms' good
character.
The matter Will come up again in
the morning and there will be a six
ihours hearing, and the hearing VIII
probably be continued till Monday.
The cross examination by the state is
very rigid is being conducted by
Walter Daniel and Donnell Gillian.
The state is saying nothing of its plans.
The attorney for the defense adj
dressed the court and said that the de-
fence in the writ would not ask for a
discharge as they would have d light
Ito do, but will only ask for ~release on
Ibail. He aid that the defense would
Ihave asked for an absolute release bur
flor the fact that an Indictment for
murder in the first degree IA already
been found by the grand jury.
CBy the Associated Press.)
Raleigh, n. c., May 2S.-The habeas
corpus proceedings in which Ernest
Haywood charged with the murder OF
LUDLOW Skinner here on February 21st
Iseeks bail began this afternoon before
Justices of the Supreme Court Douglas
land Walker. \ great crowd was pres
lent. Two witnesses We're heard. their
character proven and court adjourned
till tomorrow.
Bernard a. SchmitZ a lawyer of Bal
fillmore. who was here that day testified
THAT Skinner and Haywood met: that
ESkinner struck Haywood. knocking
him dow and backed away. putting
his hand % his pistol pocket and that
Haywood then fired. The second shot
lfreE was while skinner WaG in the
street DIN from Haywood. ne testi-
fled
r. y. Simms. = young lawyer. re-
Igarded as the star witness for the de-
lfenSe. testified the same as SchmitZ
ieXCept that he. told OF no attempt OF
lSkinne" TO draw a pistol. His charac-
ter was proven by some of the best
linen IN the state and the defense by
these also proved the good character
IOf Willis @. Briggs. a young newspa'
!per man. whose testimony the defense
will use to rebut Simms.
The case will last we'll into mex
week. and there Will be two session I
iday. Haywood Is looking thin and his
hair has turned almost white. He
keeps very coo and shows no uneasi'
lue>S in his face.