The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-15

good until this trial; but they had beat
the bushes until they found two lohs.
lank lean, officiating looking old tel
! lows who swore Hocutt's character was
bad because they remembered what a
devilish little boy he had been. As for
j G. Thompson, OF Henderson, he mad
seemed to have a little too much aboard
when he was on the stand. If he was Ia
that condition when he heard Hocutts
conversation, he was not competent to
testify about it.
Then men of national reputation had
given Schmitz a good character. BEt
they had gotten some Baltimore plug
ughes named Guy Wilson and II. Gay
| Folger. Mr. Pou suggested that Hazel
! Ulman was brought, too Col. Argo then
mentioned O'Donnell, and began to talk
about Wilson and Folger as thieves ana
thugs MIR. Woodland objected, and sand
! that Hazel Ulman was not here. Col.
Argo said he did not know anything
about the woman; Mr.. Pou had said she
was here. The Judge called the Colonel
down, but he excused himself by saying
again that he didn't know anything about
the woman, that came from Mr.. Pou.
Capt Clark and Mr.. Oslin, said the
Colonel looked like some of the drift
/
Those Baltimore plug-ugies had been
packed up and shipped back to Baltimore.
tabled, Handle with care"
Col Argo then took up the question as
] to whether the second or the first shot
took effect. and declared that not
single witness on either side had put Mr..
Skinner in such position as to receive
| the wound described by DR.. Knox at
the second shot The character of the
wound and the range of the bullet, to-
gether with the testimony of witnesses
shows that only the first shot could have
struck him Austin's testimony put
SINNERS left back to mfr. Haywood.
Jones Fuller put his back to Haywood.
Every one of their witnesses except Mat
thews and Warren put his back to Hay
wood at the second shot. Matthews and
Warren say Skinner looked bck at the
second shot The wound ranged down
ward He was on the parapet, but Skin
ner was taller, so it would make the
range Of the bullet slightly downward.
The middle of the street is higher than
the sides II he had been shot out there
the range would have been about level.
John Harrington was certain the first
shot struck him. He thought both shots
struck him Mack Fuller says he saw
Skinner throw his head back and jump
away at the first shot and his hat fall
off Moreover that bullet would not have
gone clear through the body, cutting Of
the edge of a rib on the left side and
| fracturing rib on the right side. if il
| had been fired from the distance Skinner
was at the second shot. Mr.. MOTIFS had
| said that SINNERS left side was toward
Haywood at the second shot, and he might
Ihave been trying to draw his pistol AR.
Strong had said he did not deny that
Skinner was trying to draw his pistol al
the second shot. What for? To shoot
Mr. Haywood. Mr.. Warren had said that
at the second shot Mr.. Skinner was look
ing to Mr.. Haywood with his hand on his
| hip. Mr.. Thompson says SINNERS left
hand was on his hip after both shots
were fired. Mack Fuller says his left
hand was under his coat and he was
| looking back at Mr. Haywood. What was
the use of reading all those witnesses?
Then the overcoat, with the bullet
holes through the lapel, tells the tale that
| it was pulled back That evidence is
real. 1t can't be disbelieved, and it cant
be misinterpreted. True, Mr.. Wigs said
Skinner was STOPPING down at the second
shot, as if to pick up his hat. What do
with the rest, throw it away if 1t does
not suit them or twist it so as to make it
suit their theories.
The counsel for the prosecution have
differed with one another about every
fact brought out by the evidence. And
the reason of that is that they are
theories not based on the truth. The
truth is always consistent. M. Norris
! had said that most of the young men O.
Raleigh carried pistols, anyhow. Tha:
was not the case with Mr. Skinner. He
was peaceable, law-abiding young man.
According to Mr. Woodland, when a man
like Mr.. Skinner took a pistol and went
abroad with it, it meant something.
Another fact as soon as Mr.. Haywood
sew that all danger was mast, he lowered
his pistol and gave himself UP to the
deputy sheriff If he had been mpellad
by spirit of anger and revenge, he
would have empticd that pistol, for as
yet he did not know he had hit him. The
exigency had been met, the danger re-
moved, he ceased firing.
Col. Argo concluded at twenty-five
minutes past eleven, having spoken for
three hours and quarter.
BEFORE THE CHARGE.
The jury went out for a minute or two.
before the charge, and while they were out
Judge PEBBLES said:
"While the jury is out would like to
know whether the statement that counsel
Tor defendant have made that counsel for
the State conceded that a lick was strick
en- is correct?
Col Argo: ooh, yes, they admitted
that
The Court: at is for them to say
whether they do or not. 1 don't know.
don't remember"
Mr.. Woodland: Eyes, sir, we admitted
that there was blow stricken; that there
was struggle, as the witness, SimrI3,
stated, and a blow stricken. Your Honor
understands that is the connection in
which we admit it; that there was a strug
gle, followed by blow
The Court: II am bound to tell the
jury that there is no evidence here that
Haywood gave Skinner any provocation
Continued on Page six)