The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-07-17
Especial to The Messenger.)
not File One

Especial to The Messenger.)
Raleigh, N. c., July 18th case of
ERNEST Haywood set for trial at the
present term Of Wake county court has
been postponed until September term
of court.
The defense asked for the postpone
lment and submitted affidavit showing
that Hocutt a leading witness, was i'll,
Ialso that witness Schmidt could not
ibe present by reason of the fact that his
lwife was in a serious condition.
The defense claims that it can prove
lby these witnesses that Skinner struck
Haywood before the folmer shot him.
The state had a counter affidavit
READY to file and offered it. but Judge
lPeebles said where denfendant filed afti-
ldavit prosecution could not file one.
Following is summary of state affida-
wit, offered by acting Solicitor Walter
IL. Daniel, which was not allowed to be
filed:
LIST. That bill of indictment against
Haywood, was found at the March
term for murder, and the case came on
regularly then for trial that at that
term, state announced its readiness
for trial; hat case was continued
upon application and affidavit of defen-
ldant, and in this affidavit it was al
legged by defendant, he was unable to
proceed to trial by reason of absence
fof certain witnesses; Philip Rusbee
John H. Hammit n John S. Stump,
land certain other witnesses whom he
Expected to find from certain informa-
|tion in his possession.
That at hearing of habeaS corpus pc
ItitiOn in May, not n Of above named
witnesses whose absence was alleged
las cause of continuance at March term,
was examined, and, no. one of said
witnesses is present at this term Of
Icourt.
'.2nd. Answer to AFFIDAVIT of defen-
Ident of this date with respect to alb
|sence of witness Hocrtt affiant says
he is not advised eXcet as in affidavit
IOf defendant that said witness is too i'll
ito attend court that at hearing of "a
Ibeas corpus petition witness HOcutt
Twas examined in behalf of defendant
and his testimony taken doWn by a
Isworn stepographer under supervision
tof court and differs widely from testi-
lmony which defendant in his affidavit
nov says this witness Will give. State
lis a~bundantly prepared to impeach Ho-
Icutt's testimony both in contradiction
land as to his character.
3rd. In answer to affidavit OF defen-
ldant regarding absence of witness Ber-
Inard SchmitZ affidavit says he is ad-
lviSed it is not sufficient in law to entitle
defendant to continuance because wit
mess states that illness OF his wife has
LASTED four years or more that it does
not appear where he will take his wife
or when he will carry her and further
that he will have ample opportunity
even now to carry his wife to places
even remote and then VII have suffi-
lclent time to obey subpoena service of
which he accepted in March and all
other business arrangements having al
lready been perfected looking to his at
tendance as witness in this trial. 1t is
also submitted that Scnmitzs teStimo-
my taken by sworn stanographer and
Testimony as thus given differs widely
from that which defendant in his affi-
Idavit says this witness will give. State
lis a~bundantly prepared to impeach tes-
tinlony of Schmidt both in contradic-
ton of testimony and as to his character.
"4th. 1t appears from effidavit of de-
fendant hat he has had abundant no
tice of sickness of Hocutt and contin-
Igency of attendance Of Schmidt so de-
positions OF those witnesses as contem-
iplated and allowed by law could have
Ibeen taken and even now solicitor is
Willing to waive notice required by law
to be given in order that their deposi-
tions may be taken in behalf Of defen-
tdant to be used at this time in his be-
half.
18th. Testimony Of Hocutt and
lSchmidt is cumulative and additional
to facts to be given in evidence by
iother witnesses who are under subpoena
in hebalf Of defendant and who were
ieXamined in his behalf at hearing of
aforesaid petition Of habeas corpus TO
wit: Robert n. Sims and Ned Barnes.
In curse Of argument at hearing of
habeas corpus petition of counsel for
Haywood frequently and confidently as
serted they had abundant and other
testimony to sustantiate that Of Hocutt
and Schmidt and one Of counsel for said
petitioner stated in closing argumen
of great length they had other shots
in their locker"
Sc. This case should be tried at this
term it is Of great public interest and
speedy trial should be had. Defendant
since moment almost Of homicide has
had advantage Of numerous and able
attorneys and for more than a month
past bail having been allowed defendant
himself attorney has been enabled to
devote his while time to PREPARATION of