The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-13

curbing and had his back to him. Ned
Barnes, that he was behind his carriage
at second shot; Mr.. SchnltZ, that SKIN
ner was at the car track Immediately al
ter the second shot; Mr.. Hocutt, that at
the second shot Mr. Skinner had cleared
the carriage. Every witness they put OIL
the stand showed that the man was IN
the street, running away at the second
shot. And every witness tor the State
testified to the same thing What was
that second shot fired for? Do you tell
me that Mr. Haywood, some twenty teet
from the curbing, was justified before the
laws and the good conscience OF North
Carolina in shooting a man nearly thirty
feet away? He fired that second shot be-
cause the first shot did not succeed and
because in his malice and enmlty he
sought the life of his enemy. who was
making away, as many witnesses say
running away. Those shots were not 30
instantaneous as they would have You
believe. 1t does not take but an instant
for man to tell whether an opponent
means to continue fight or to retreat.
Here is the evidence that Mr. skinner re-
treated thirty feet and over in the time
between the two shots.
Mr.. Haywood provoked the blow, said
Mr.. Gillian, and referred to the tcstl-
mony of two or three witnesses to bear
out his contention. Mr.. Simms said they
were struggling, one hand up against the
other. Mr.. Fuller used the word i'm
pressing, striking Mr.. Skinner on tie
breast. In another part he says Miss
Pace said they were quarreling, and then
the blow comes.
1t was further in testimony as to tho
-, I'd
the GOODNESS and deliberation of MS man
ne and movements, indicating that the
matter had been we'll considered by him,
and that it was preconceived, and rot
the result of a sudden passion.
Mr.. Haywood did not await the neces-
sity for the use of a deadly weapon, Tor
the testimony is that he arose from his
fallen position with his pistol He
thought of nothing but his resentment,
and did not wait to see whether Skinner
was going to draw a weapon or rot
That is the testimony of Barnes aid
Mack Fuller BOTH and it is the trend of
all the testimony in the case. Upon The
testimony Mr. Gillian submitted that
there was no necessity for Mr.. Haywood
to draw and use his pistol. There was
no necessity because the deceased was
turning away and leaving him.
The testimony of Jones Fuller, Mr.
Simms and Willis Briggs, Mr.. Gillian
submitted indicated that more clearlythen
all; they saw it better than all the Others.
| The testimony of Mr. Fuller is given WITH
care, with caution, given deliberately. a
man of character, a lawyer, he weighed
well his words. He says that at the first
shot, Mr.. SINNERS back was toward Mr..
Haywood. He was g'oiIig across the
street, two or three steps from the curb.
! After he had been examined and cross
examined on that point he said again in
reply to Mr. Daniel, that he was posi-
| tive with regard to that matter.
Not only does Mr. Fuller say that bIlt
so also do many of the witnesses for the
defense. Mr.. Simms, who nad as gcod
view of the affair as any one of the WIT
nesses, and who is as intelligent as any
of the others, and is a man of as hlgn
a character as anyone that has testified
in the case, was at one time the sole de-
pendence of the defense. Inc State was
willing to accept Mr.. Simms' version, but
time has passed, and now the defense not
willing to stand by Mr.. Si,nms evidence,
and would refer the jury to that of
SchmitZ and Hocutt. Now Mr.. Sinlms
says he saw the two men before a blow
was struck, that after the blow Mr..
Skinner jumped back eight or ten feet
and that he did not pause or hesitate,
| but at once turned and went across the
! the sidewalk, and made no movement to
/ draw weapon. You may say he didn t
see the motion. But don't you suppose
| Mr.. Simms was paying as good attention
| to this alteration between his two
| friends as Schmitz from Baltimore or Ho
cult over at the Citizens Bank corner.
Is not Mr.. Simms as intelligent as Mack
Fuller?
In order to be shot as he was by Il
man on he parapet, Mr.. Skinner must
have been standing with his face up Fay
ettevile street, and his position would
bring his arms in plain view, and yet
| Nh. Simms saw no movement OF the
arms If he had advanced again with
his hand behind him, don't you suppose
a man Of Mr.. Simms intelligence would
have seen it?
Mr.. Willis Briggs says there was no
hcsitancy whatever except the mere turn
ing of the head, the glancing over the
shoulder as he left the sidewalk, and no
effort whatever on his part to draw q
pistol That was a fabrication that had
come to the front afterwards.
|
it. saw the lick struck and saw Haywood
with his arm outstretched, and he does
rot say word about Skinner attempting
to draw a weapon. nor word about his
taking several steps back as if TO renew
the attack He saw Mr.. Haywood tale
deliberate aim at both shots, leveling the
| pistol on his left hand.
What does Ned Barnes do but disrupt
the whole theory of the defense? HIS
would have been very damaging testimony
/ if it had been corroborated by sim
gle other witness by the defense or tie
State. Barnes puts SINNERS right hand
on his hip pocket and his left side to Mr..
Haywood Mr.. Jones had said that Ned
Barnes testimony exactly agreed with the
physical facts But in that they give away
tho contentious Of the defense ina
would have been the natural position q
a right-handed man.
At this point court adjourned until
o'clock this morning.
DEPRESsED AND NERVOUS FROM
EXCESSIVE SMOKING AND DRINK
ING.
Horsford's Acid Phosphate, a most val