The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-05
Special to The heSscnger.)

Special to n heSscnger.)
Raleigh, y. -, June To-day was
-hc fourth of the Haywood habeas cor
pus case hearing. Some of the lawyers
said It / concluded on Saturday that
there would be no argument, but Others
said they were not a party to such an
arrangement, and one added that he
didn't expect to get through before
Thursday.
The hearing was resumed this morn
ing.
Mr.. Gillian said : few other Wit
aesses were present which the state
wished examined.
Mr.. P0N said that the defense under
stood no other witnesses We're 10 be
examined except one, and protested
against any further witnesses, saying
at least nifty witnesses were discharged
last Saturday in view OF that under
standing.
Mr.. Gillian replied that the state
wanted to offer evidenc as to HOcutt's
character and his conflicting state
meuts- Hocutt was one OF the chief
witnesses for the defense.
Mr. Harms said the prosecution had
made no attack OF HOcutt when on the
stand and, therefore, had no right now
to put on any witnesses as to his char
"ter.
Justice Douglas remarked. We do
not think the prosecution. as a matter
of right. can do 50. but in our discre-
ton We Will all1-v it
Architect W-lP. Rose gave evidence
as to the measurements of the streets
and sidewalks at the scene Of the kill
ing of Ludlow z kinner.
W. \. Wood AID Walter Moore swore
HOCutts chaTaSr er was bad. one said
he was a liar
-. G. King sad Charles HOcutt was
in his store two or three weeks ago,
and in Speaking of tins case said he
expected 10 be ( witness. Hocutt said
he saw the shooting. Saw Skinner 60
ing across the street, and Haywood
was shooting HOcutt stated that he
did not SEE any blows pass.
King said he had a conversation with
r. f. Prince because he heard Hocutt
had said he san ticks passed between
Haywood and Skinner after tellink
King he saw 10 blows.
F. II. Weathe1S, who worked in the
otfiC" with skinner. said he sold him q
pistol about fiVe years ago. The pistol
was introduced and Weathers said it
VS. the same pistol.
The counsel for the prosecution ask
ed to Introduce the DEFENDANTS affi-
daviJ. which was allowed without OBJ
.ttt4blL- Tie Sdlc the deIeQSe was Will
mE 10 Stdnd by everything il had said.
n Expert witnesses for the defense were
, then introduced.
Dr. " [. POyster. said internal
hem"rEaIge was the cause of SINNERS
death 4 person so wounded could live
about o.A minuta after receiving the
wound nd could have walked from
the cure OF postaftiCe to the east rail
OF the street car track. Could have
walked fifty feet. \ man dying from
shock would fall almost suddenly and
backward. y MAJ dying from loss of
blood would sink down gradually. al
most always falling forward.
Doctors y. W. Goodwin. H I. Roys-
Ter. J. +. ROyster and T. NJ. Jordan
gave about the SAM opinion. All were
loosely cross-questioned by Attorney
Woodland for the~stdSe.
Deputy Sheriff Separk. who arrested
Haywood. testified that the latter had
no cigar in his mouth that they went
10 HayWOOd'S office and the latter took
"a whiSk broom and rushed his hat.
IT.. denied making a statement that he
said 10 Haywood. Ernest what did
yoy 10 Il for" and that HAYWOOD re-
Holly Glenn swore lie entered the
cor! [ house as Haywood left it. Hay
wool did not have a cigar
J. J. Bernard II y. 3. BrOughton
teStt led that they have AnOwn HOCutt
several wears. and his reputation is
good
y i. Fort. Jr.. said thai at the time
of rhs killing he a a conversation
with = g Simpson. representative
from Perquimans. Sampson said if
Sium$ said there was a ~dItercation be
tween Haywood and skinner. he was a
liar Sampson said the first lhing that
J~tt~ac-Ni his attention was 4 pistol
Shot SAMPSON aid he intended To be
Il witness If he had TO pay his own eX-
peu>-~- simpson said he always made
money unJ OF anything he Went into.
Stated he hId practiCed before magIs-
!. -Tatv> and gotten fees.
= l. Whitaker. Jr.. John Allen. T.
s.. Matthews. and w. NJ. Russ sub
Stimulated the testimony of Fort with
reference Z" The alleged statements OF
simpson.
y. j. Rogers testified that New
Barnes told him Of SINNERS striking
Haywood.
A G Hinton ana W. r. Jones testI-
fed thai W L. Gwaltuey told them he
saw nothing before the first shot
F. X. Ellington aid he could step
from the postofice Curbing 10 the street
car track in five or six seconds.
T. NJ. ArgO that the de-
Tense had other witnesses as 10 rhe
fact that a blow was struck. but did
not consider il necessary 10 introduce
Il other witnesses. and they w0rld
rest and submit the matter TO the court
without argument.
Walter z. Daniels stated that some