The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-16

Raleigh. y. -. October 13.-Tomor-
row is the last day in the argument of
the Haywood-Skinner trial
Today there was the conclusion of the
argument of Senator Don Gillian for
the state. in which the contention was
pressed that Haywood shot at Skinner.
who had struck him. but who was leav-
ing with his back to Haywood and that
as Skinner turned. the second shot was
fired. Gillian had started to show
malice and motive. but Judge PEBBLES
IN that line he would have to sit down.
Captain w. H. Day spoke forcibIy in
behalf of the defense. urging that Hay
wood shot only when his life was in
danger, and that the states witnesses
c~Ontradicted each other, while the states
attorneys did not agree in their theories
advanced.
Solicitor Walter Z. Daniel closed for
the state. in u wonderfully logical re-
view of all material witnesses. He held
h a testimony of Simms and Briggs for
the defense would give a verdict Of
guilty of manslaughter. and that the
evidence Of ScnmitZ and HOcutt had
been entirely disCredited by their con-
nicting statements TO many people.
Tomorrow. Colonel T. NJ. Argo closes
for the defense. This Will take all the
morning. perhaps into the afternoon.
Then will come the judges charge. 1t
will be night before the case reaches
the jury. Acquittal OF mistriaI is the
general opinion
Before closing tonight Colonel T. NJ.
ArgO began his argument for Haywood,
urging that the state ought never to
nave asked for ! verdict of murder in
the first degree Il that seIf-defense
was evident.
Raleigh. y. =, October 13.-In the
Haywood trial today. DOnneE Gillian
concluded his argument begun yester-
day afternoon. His speech was pro-
uOunced a great effort.
He was followed by w. H. Day for
the defense. who consumed the remain
der of the morning session. He charged
-NS 1890 ~ AN
The contentious of his associates. Nor
ris II Strong. They said there was
no evidence of bad feeling between
Skinner ana Haywood. while Gillian
says there was malice. He arraigned
the attorneys for the prosecution for
their. conduct in this case. He referred
to WOodwaTds statement of the difficult
ty. III which he said he slapped Hay
mad ~ ..Lrrr.r,rr+ .r| rE-.,, 1911
away. Characterizing WOOdwards state
meut as a d~astardly SANDER, he said:
II Skinner did what they say he did,
then by the Gods, he got just what he
deserved. The state says Haywood was
offensive 10 Skinner. Did that give him
the right to strike and disgrace Hay
wood on the streets?'
Mr.. Day elaborated on what he said
was the failure of the state to put on
Miss Mattye Pace as a witness. He
spoke of the refusal of the state to al
low the defense to have FuIIers' state
ment and denOminated its course per-
secution instead of prosecution. In all
his practice. he said he had never heard
such 4 request denied. He aid Jones
Fuller is only a boy and he may have
exaggerated his sense of chiValry and no
doubt wanted TO save Miss Pace the in
convenience of the witness chair. But
do YOU NEAR to say that her bushes
must be protected at the sacrifice Of 4
mans life?
He asked why the state did not put
on eye witnesses when it was possible
for it 10 do so. He charged that the
state. after being driven from its at
;emPt to AXE the life of Haywood, now
embraces witnesses for defense. whom
1t first I tried TO d~iscredit. He REFER
ed 10 the attack on SchmjuZ because
they said he was a dude. If AL dudes
We're liars, ne piJied many Of his friends.
They complain about Schmttz. because
he wears good clothes. 4 long tail coat.
4 white shirt. a scarf pin. parts his
hair II the middle. and comes here en-
dorseI by governors. congressman and
other high officials. Let SchmitZ SO #
you want 70. but YOU Will have 10 LEI
Miss NJtJye PAGES testimony go too.
He charged Gillian ana others with dis
tortinE the testimony Of witnesses.
He argued that skinner knew when
he struck Haywood h Haywood was
going 10 defend himself. Tie mistake
Skinner made was after he struck Hay
wood, that owing 20 having his overCoat
on. he failed to get his pistol out before
Haywood had gotten his and fired. He
paid a high tribute TO Acting Solicitor
Daniels. hu. he said il was unfortunate
for the state that II was not represented
by the solicitor, who was to receive
only Il $50 fee. for no man can serve
two masters. II is not justice The pros
ecutiOn IS after, it is vengeance
Acting Solicitor Daniels made 4 pow
erfuI argument for the prosecution. He
referred 10 the Importance OF he case
and the position he occupied and h
urged the jury TO meet its duty with