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

this array of witnesses ought to satisfy
YOU that there was lick struck and
struck lust as they said it was, on the
right cheek and knocked Mr.. Haywood
down on the parapet on his left hand, and
then he recovered and shot immediately.
Now he says that you ought to beheye
that testimony in preference to Sauls', be-
cause, they say, 1t is four or five or SIX
witnesses against one and then, they say
because Sauls' character has been assailed
and several of his neighbors have come here
and said he was a man OF bad character
for lying and nobody in the neighborhood
believed him and they say on that account
you ought to believe these witnesses in
stead of Sauls They furthermore say
that the other circumstances connected
with it all corroborate those witnesses
and strengthen their testimony. They
say that Mrs Billings Immediately after
wards saw Haywood while he was In the
custody of the officer, and that she saw
a red spot on his right cheek where these
witnesses said the lick was struck. He
SAYS that when he was carried to the
TAILOR who was on the stand, says he had
that red place when he was put in Jail
and the next morning blood had settled
under his eyes / think some one
or two other witnesses testified to pretty
much the same thing. And the defendant
says that that ought ito satisfy you that
Mr.. Skinner did strike that blow.
Now the court charges you that if he
did strike that blow, as testified to by the
witnesses, as / have told you before there
| is nothing in this case here to show that
Mr.. Haywood provoked that assault, there
| is nothing to show that he was in the
wrong, and therefore, the fact that Mr.
Skinner did strike in the manner testified
to by the witnesses if you find it to be
true. is sufficient in law to repel the
presumption of malice caused by killing
with deadly weapon. and you should say
the defendant is not guilty of murder in
the second degree, unless, as I stated just
now. you are positive from all the evidence
that he killed Skinner, not because he was
under the apprehension of being --
started to tell you wrong. So, then, if you
believe that Skinner struck Haywood as
testified to, it is your duty to say he IS
not guilty OF manslaughter. Now they say
! that he was not only not guilty of man
slaughter. but that they have shown you
i evidence which ought to satisfy you that
he was excusable. There has been a good
deal said here in the argument about just
i fled I suppose that was an inadvert
i ance No individual is justified in killing
another one to save himself. An officer
i who in the execution of decree OF court
hangs man, or an officer who in the ex
ercise of his office is forced to kill mar
is in law justified but an individual mar
who kills another in self-defense is not
: justified, but excused The law says II
will not undertake to try to restrain anc
deaden and destroy the principle OF Coo
implanted in every mans heart of self
defense-that whenever man thinks, anC
Il reasonably thinks, his life is in danger
) it excuses him; it does not justify him
but excuses him for taking life in order
to defend himself And the defendant
| says that he thinks he has offered eVl
| dence that ought to satisfy you that NJ
J was eXcusable under the circumstances
He says that Schmitz, that Hocutt, thai
Mack Fuller that Barnes, that Thomas, al
+ swore that at the time Haywood rose vi
| from the blow that was stricken That SKIN
ner had jumped off, some placing IL a
5 from eight to ten feet, and at that time
t he was with his left side towards Haywood
and he had his left hand-all OF whom salt
! he had his left hand two said ne had 1
5 under his coat, and Barnes sad ne nae
: his right hand, on his hip pocket ana tn'
: defendant says it is easy for Barnes u
: have been mistaken as to the hand, ina
z man who did not know he was lett mana
ed would be apt to conclude II he saw hln
t put his hand to his hip that 1T was nj
= right hand, and therefore there IS not 81
much conflict of testimony between Barnes
f and the others as appears. But that is
/, matter entirely for you to decide and no
! for the court. He says then at that time
/ in that attitude. in self-defense he ha'
, reason to believe and did believe that ms
Il life was in danger, that Skinner was go
5 ing to shoot him. because ne had strlcke'
/, him blow and had jumped pack OH y
/ that wav ont of reach OF Haywood so NJ
could not take hold of him, ana was at
: tempting to draw his pistol as he though
| for the PURPOSE Of killing him. Ana NJ
t saws thai Won ought to believe those foul
) or five witnesses because there is nobody
/, else that has sworn to the contrary eN
cent Mr. sauls and Mr.. Fuller Ana ne
says that Mr.. sauls didn't say tllat n'
Il didn't do IL but all he said was tnat h'
was lool,ino there and saw them, ana then