The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-11

north SIDE OF Martin street, BuI tHelt
was one thing certain. One could see
Fayetteville street palmer from the north
side. Mr.. Jones did not know whether
or not Mr. Skinner went TO meet Nj.
Haywood He did not know what they
talked about. All that was in the da:lH,
no one knew anything about that. There
may have been something back of 1t all,
he did not know. Anyhow, we had evil
dence to show that Mr.. Haywood was try
ing to explain or impress something upon
Mr.. Skinner He strikes him in the lace
and knocked him over. Why didn't he
continue the assault as he had begun
it? If he had. there would have been
no killing. But he cleared himself; what
for? Do they mean to say Ludlow Skin
ner struck a man and then ran off, when
he had pistol in his pocket? What did
he have his pistol there for If he did not
meant to use it? 1t means something when
you SEQ a man of q peaceable nature like
Mr.. Skinner with a pistol in his pocket.
You expect to hear something, and so it
was with Mr.. Skinner.
1t is true Mr.. Simms said he did net
notice Mr.. SINNERS hands, but Ned
Barnes did, and he was the nearest eye
witness. His character had not been at
tackled. They could not attack him. and
his evidence agreed exactly with The phy-
steal facts in the case. And that Thomas
boy told it just like Ned Barnes, and
that was the evidence of innocence.
George Burst saw it practically like it
was, although he was free to admit he
was not accurate as to details. And w,
NJ Thompson and Logan Terrell testified
that Mr.. Skinner had his hand on his
hip. There was not a case in North
Carolina where a man had reached for a
pistol that his slayer was found guilty
OF murder IN any degree. If ever a man
had presented a complete case of self-de-
Tense, it had been Ernest Haywood. He
asked for nothing more than any other
man.
Mr. Jones closed after speaking for an
hour and twenty minutes.
ROBERT C. STRONG.
Mr. Strong followed Mr.. Jones Tor tlc
State. He commenced by saying that a
great deal of stress had been laid upon
the fact that this killing had been done
in very public place. They covered up
the fact that there was evidence to show
that there was a motive IN the killing it
self of Mr.. Skinner by Mr.. Haywood.
there are no eye-witnesses, and the CIR
camstances are put together to show q
motive.
In this case the defendant had spoken
to the jury through his witnesses and
his attorneys. So what Mr.. Pou has said
in this case is with the approval OF Mr..
Haywood He would say of tnat speech
of Mr. Pou what he had once heard 81
IF ho of
1T stinks and it shines and it shines and
it stinks like a dead mackerel in the
moonlight"
The witnesses of the defendant had
been under the influence of the personal
ity of the defendant, who was alive and
active in the conduct of his case and for
that reason doubtless they had attempted
to strain their memories a little for the
sake of the dead man Would anyone
come up here to swear away the life of
a man by swearing to lies on the stand
Yet this is what the defense tried to
show that Mr.. Sauls had done.
Mr.. Strong started to speak of how the
defendant, who had not gone on the stand
himself, had endeavored TO show the facts
in the case which he alone knew, by Ms
witnesses. Here Capt. Day interrupted
and Judge PEBBLES ruled the remarks I'M
proper.
Mr. Strong then proceeded to take up
the various witnesses for the defense. Mr.
Simms character he would have moth
ing to say about, and would come to lii
evidence later AS to the testimony of
Sctmitz and Hocutt, it was contradic-
tory because they said they were near
the Citizens Bank and the evidence Of
the defense had placed threee carriages
IN front of the postoffice. And even if
those carriages had not been there, it
would have been extremely difficult for
them to have seen what they did from
the distance they were away. Moreover
Mr.. John S. Johnsons testimony would
contradict that of Hocutt and Schmitz.
and Mr.. Jones had said that no mans
character was higher than Mr.. john
sons.
The jury now, declared Mr. Strong,
knew more of Mr.. Schmitz's credibihty
than did the Governor of Maryland and
all the other politicians of Baltimore. He
vas man of delightful character, with
all his graces, when he called on the
court for protection from evidence that
would shame him before his own Of
spring. He was a friend Of Mr. O'Donnell,
Gnu vi INC NdIIOuS ueIuUSTS VI Tic
of Police Commissioners in Baltimore,
and he had gone and had a personal con
versation with the chairman of that
Board, to try to get Mr.. O'Donneu re-
moved from his position as a detective
under the Commissioners. And then he
said he knew nothing of it, that he was
compelled to go before the Commissicl-
ers to give evidence as witness. This
was the elegant gentleman from Ba!ti-
more who Mr.. Hocutt said would make a
good witness for the SINNERS if enough
money were put up. The State of North
Carolina puts up no money for such pur-
poses.
Then what do they do, after they say
they will have nothing to say about it..
They go about saying they saw it all,
and tell people there was no alteration.
So intent Is this bright gentleman from
Baltimore upon keeping his compact with
Mr.. Hocutt that he talks about it on
the boat with Mr. Thurston. Schmitz
Is one of those men who likes for people
TO look at him as a man of interest
IN case ike this. And Hocutt also
goes off and talks all around about what
he had seen, after making his compact
with Mr.. SchmitZ. No witnesses were
needed TO show Mr.. Hocutt's bad char