The semi-weekly messenger., 1903-10-09

Raleigh, y. c.. October 6.-The two
principal witnesses for the defense IN
the trial of Ernest Haywood for the
murder of Ludlow Skinner were c. B
HOcutt u clerk here and Mack Fuller.
d negro hack driver.
These testified to having seen Skinner
| strike Haywood and back away about
ten feet. Skinner with his hand under
his coat as if trying to get out a pistol.
and to Haywood's shooting then.
HOcutt had testified on his nearin.
that Skinner had advanced on Hay
wood after the first shot. Today he
changed this and said it was before
the first shot. just after he sprang
back
Fuller. the negro testified there was
| no gesticulatiOn between the two men.
but that Skinner struck after few
words.
Walter Thompson a country boy Of
twelve years, testified that Skinner put
his hand under his coat after striking
Haywood.
George Burst colored. swears the men
talked for ten minutes. were standing
OA4 A4lc pSiIdpcI anu SKINNER ndO n 3
back to Haywood when the first shot
was fired.
All other witnesses have testified the
men were off the parapet and on the
sidewalk at the south end of the post
office. Clerk of the Court Russ and his
Clerk Royster, testified that Haywood
had just left their office. the time be-
ing two or three minutes till they heard
the shooting.
The Se0S9 tiOn Of ba 1au
Judge PEBBLES sent the jury out and
said he wanted to express his disappro-
baton at the manner of cross eXanIi-
nation by the state. who seemed to
want to brOWb and tear down tho
character of witnesses for the defense
States counsel declared their questions
were bonafide and that they had reput-
able witnesses to substantiate charges
made against HOcutt and SchmiGz
Judge PEBBLES then said that if the
state had valid reasons. the questions
could be continued. that he only inter
ferred TO protect witnesses.
WITNESSES FOR THE DEFENSE.
Especial to The Messenger)
Raleigh. \. c.. October Elm the
Haywood murder trial today the de-
fense continued the examination OF
witnesses. The first witness was c. 3.
HOcutt. who said he was talking with
his attention was directed to two men
at the south steps of the postoffice.
Their gestures attracted his attention
to them. He saw Skinner strike Hay
wood somewhere on the face. He saw
Haywood fall back and seemed to catch
himself Skinner jumped back about
ten feet. About this time Haywood
recovered, Skinner advanced one OF
two steps, threw his hand behind him
then l heard the first shot. Skinner
turned and left the sidewalk. He
passed behind a carriage out OF my
view. He came back to view and con-
tinued on in the street. passed over TIE
car track. circled and fell. Skinner
was near the curb when the first shot
fired.
SKINNER ADVANCED ON HAY
WOOD.
Cross examined: Only one blow was
struck. that by Skinner. We stopped
in the street because we saw the two
men in an argument. Something was
said by one of us about the fight.
Skinner was standing towards US. with
his back and right side when he
sprang back. As Skinner stopped. he
threw his hand behind him and ad-
vanced step or two. his hand under
his coat. Could not fell exactly where
his hand was. Saw his elbow but not
his hand. AS the first shot was fired.
l can't tell exactly how he turned.
Was about l. feet from the curb az
second shot. Did not notice any par
ticuIar movement Of Skinner at the
second shot. About the time of the
| second shot. 1 saw him look back over
his shoulder. l told Schmitz to say
nothing about II. as the parties welc
wealthy and l did not want to gel
mixed up in ii.
CHARGES AGAINST HOCUTT.
Hocutt denied that he was divorced
| from his first wife for adultery and that
he was charged with stealing a pistol
| in Johnston county and with stealing
brandy III the same county. He lid
not say 10 parties in Johnston county
| recently I had $500 behind me 10 Sc
| cure character Witnesses.
| JUDGE RAPS STATES COUNSEL.
Judge PEBBLES here directed the
| sheriff 10 take the jury TO the jury
| room. After the jury had retired the
| Judge said he wanted TO express his
| disapprobation At the manner in which
| states counsel were conducting their
| cross examinations. II seemed to be
! their plan TO brow beat and tear down
| the character of every witness Ihe de-
| fense put on the stand Under such
conditions il would he hard to get any
witness TO go on the stand II he haa
TO be subjected to such scathing Quas-
tions. He said he could not conceive
of how 4 man like HocuJt could be
/ charged with so many crimes in John
ston county and could escape prosecu-
! ton. He said the authorities. II sUCn
| charges were true, must be very dere-
lict IN their duties.
Solicitor Daniels and Attorney Norris