The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-13

dered y the jury and the protecting al
saving power Of the law q TIE aat aea
tn necessity Of .s enforcement
devoted most OF n, re--rks Until! The
dinner recess 10 4 reply 20 tie ~trctares
or Mr. Pol upon the prosecuting co-a-
So. he replied particularly 20 M Pous
illusions TO Scripture. Il. lad many IN
conslstencles al the door c. Mr.. Pou. aci
SPOKE a. some length Of the practice q.
counsel with what he called a Desperate
case TO bring in a great array = prcm!
nent persons, a character wltne>.-~ IL
divert the minds q the jury froa the
real questions to be determined.
IN the afternoon Mr.. Wootart addressed
himself 70 The evidence and the fact, 10
be determined by the jury. He also qvofcl
the decisions G; the courts on the que
ton o. when homicide is justlhaDle and
? hen i Is not. He stated the theory o.
the prosecution somewhat a .ollows.
The two men had met. probably oy cccl-
dent. Mr.. Haywood had said something
TO offend or insult Mr.. Skinner. Who had
struck him, and then turned away. either
IN contempt or feeling that the Insult
had been sufficiently avenged. Then Mr..
Haywood, IN a ct OF anger. had shot Tim
a. he was going away from him. It
made TO difference which shot was TIE
&C., ~ II NAt JUL OFAttHtQ III S'flAtS
Fuller'e evidence, supplemented by wat
Miss Nattye Pace told him she saw.
Mr.. Slmms' testimony, Mr. Wootard
J maintained. corroborated the theory of
the State. The testimony OF the gentle
men from southern Pines dI~credite1
Mr.. Schmitz, and Mr.. Hocutt's evidence
fell with Mr.. Schmitz's. If Ned Barnes
is TO be believed, neither Schm'tz nor
Hocutt nor Mrs. Billings could have seen
what they said they saw. on account OF
the carriages standing IN front Of the
postoffce. On the other hand, If the jury
believed the testimony OF Mrs. FlihTgs
then the evidence Of Ned Barnes and Mack
Fuller falls to the ground.
Mr.. Woodland closed by referring feel
ingly to the aged father of the lead nan
and the widow and orphan he left. Fl,
had spoken for three hours and Z half.
Col. Harris began at five o'clock. say
ing the defendant was not appealing FOL
mercy, but asking for a verdict OF no
!, guilty on the ancient ground OF self
preservation. He then proceeded to tax.
up the evidence, and IN detail went owe
the testimony as to the character )
Messrs. Hocutt and Schmitz, speaking 0
t the weight of the testimony from Baltl
more on the character 81 Nj. Schmitz
5 and the probability of the Southern Pine
Y Een and the henderson men bel1g Dlis
taken. CT being purposely misled by ne
who did not want to be called as Wit
nesses. Col. Harris dwelt upon the lacl
. o. motive on the part Of these two Vii
nesses.
e After Col. Harris concludes this morn
t ing, w. n. Jones VIII speak. He VIII b
4 followed by Robt. C. Strong, and the
the order will be: j. N. Holding, II. L
Norris. S.. G.. Ryan. Don Gillian, Capt
Day. Solicitor Daniel, and Col. Argo.
S When court met yesterday morning, NJ
a Daniel made a statement to the jury, sa.
ing that the charge in the bill of indie
e ment covered three grades of homicid
murder in the first degree, murder IN II
a second degree, and manslaughter. VIII
If the jury was out the previous Afternoon
e the court had asked him as representa-
If the State if he saw any evidence tn.
he considered convicted defendant OF mn
e der IN the first degree. He had frank
"a said he did not. Then the Judge, sayiI
o that the burden had shifted to the defer.
10 show that Haywood was not guilty
murder in the second degree. had add
&c that he in his discretion would allow Il
% defense to open and close +ho ~~'"lc1
After this statement by Mr. EslIel. t
speaking began at once, Mr.. Pou nakll
! the opening speech.