The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-14

whom have been duly subpoenaed to at
tend this term of court.
THAT said Charles B. Hocutt is now
sick in bed with typhoid fever and has
been for the past two weeks. and is not
able to attend at this term of court,
as appears by the certificate OF DIR.
w. l. Royster, hereto attached
THAT affiant expects to prove by said
Hocutt that he, Hocutt, was walking
down the east side of Fayetteville street.
on the 21st of February last, in com
pany with Mr.. Bernard A. Schmitz,
of Baltimore. Maryland, and as they
reached the Citizens Bank they turned
to cross the street diagonally to the
postoffice building, and Mr.. Hocutt saw
affiant and Mr.. Ludlow Skinner standing
at the south steps of the postoffice,
and they were making gestures with
their hands, and appeared as if they were
having an argument The witness
saw Mr.. Skinner raise his hand and strike
affant somewhere on the face, and af-
fiant fell back and caught on his hand.
And as affant turned, Mr.. Skinner step
ped back a few steps and had his left
hand on his hip pocket as + he was
trying to draw a pistol, and then Mr..
Skinner made movement towards af-
fiant, and at this time affiant recovered
himself and the witness heard a shot
MIR. Skinner appeared to have been hit
by this shot and he turned little and
took two or three steps further and then
turned back toward affiant with his left
hand still on his left hip pocket and was
advancing on the affiant and acting as
: I,a &rx,r~ r. 5xox fuo,.
his lett hip pocket, and while Mr.. Skin
ner was in this position the witness heard
the second shot. That at the time of the
first shot Mr.. Skinner was on the side
walk, and at the second shot he was
just off the curbing In the street proper.
That affant expects to prove by Mr..
Bernard A. Schmitz that he was walk
ing down the east side of Fayetteville
street in company with Mr.. Hocutt, and
that at the Citizens Bank corner he and
Mr. Hocutt turned diagonally across the
street towards the postoffice building. AT
this time the witness observed affiant and
Mr.. Skinner standing close together with
their hands raised as if having an ar
gument near the southern steps of the
pcstofice building, and he saw Mr.. Skin
ner strike affiant The blow staggered
affant, and his foot struck something
and ne fell and caught with his hands.
Mr.. Skinner, after striking the blow,
backed away from affant some eight
feet, and then started to go towards
.affant with his hand on his hip in a
threatening attitude, as if he was trying
to draw a pistol. and at this time wit
ness heard q shot. Mr.. Skinner stag
gered and appeared to have been struck
by this shot, and he wheeled around and
stepped off the curbing into the street
and turned to Mr.. Haywood, and at this
time the witness heard second shot.
Mr.. Skinner then turned ant made a cir
Gle across the street car track and fell
with his face on the track towards Mr..
Haywood.
That the wife of Mr.. Schmidt is now
THAT the wife of Mr.. Schmitz is now
pears from the affidavits of Mr.. Schmitz.
This is the cause of Mr. Schmitz not be
ing here at this time.
"Affiant is assured that Mr.. Schmidt
will be here at the next term of court,
as appears from his affidavit hereto at
tached.
''That this affidavit is not made merely
for delay, but in truth and sincerity for
the cause herein set forth.
ERNEST HAYWOOD"
DIR. ROYSTER's CERTIFICATE.
'.W. /. Royster! being duly sworn. says
THAT he is now and for the past thir
ty-three years has been a practicing ply
sician, residing in Raleigh, N. G.
THAT as late as the night of Sunday,
July 18th, 1903, he, as such physician, Wis
tied and examined Charles B. Hocutt, of
Raleigh, N. c..
THAT the said Hocutt is now sick in
bed with typhoid fever and affiant is re-
liably informed, and believes, that said
Hocutt has been so sick in bed with ty-
phoid fever continuously for the past two
weeks.
"That in the opinion of this affiant it
would be dangerous to the health and to
the life of said Hocutt to attend the pres