The county record. [volume] (Kingstree, S.C.) 1885-1975, 1903-10-22
IS FREED
Jury Satisfied as to the lnnOcence
of the Accused
QUICKLY MADE UP AN OPINION
Jury in Haywood-Skinner Case Tried
In Raleigh DeIiberated Only q Few
Minutes.

raleigh, Specldl.-AIleT Uelu6 Oul
not more than Is minutes Wednesday,
the jury in the trial of Ernest Hay
wood for the murder Of Ludlow Skin
ner returned yerlict OF not guilty.
There was no demonstration, but
smiles Of delight were on the faces OF
Haywood, his counsel and his four
brothers, who have been constantly
with him. Haywood shook hands with
his counsel, and when he was dis
charged went at once to the jury box
and shook hands with each juror, re-
turning thanks. Next he went to Judge
PEBBLES and did the same. Colonel I.
M. Argo closed for the defense, urg-
ing self-defense for Haywood and a
persecution OF him and witnesses for
the defense. Judge PEBBLES next COM
mented on rhe evidence and charged
the jury. 1t was charged very favota-
BILE to the defendant Haywood shot
and killed Skinner in front OF the post
Office here on February y. A prelimi-
nary hearing was waived and at the
March term the tria. was postponed on
account OF absent witnesses. At the
habeas corpus, the first Of June, Hay
the case seven lawyers appeared for
the defense and FIVE for the State. An
acting solicitor was employed, as the
solicitor declined to act because OF his
relationship to Haywood. The defen-
dant did not testify.
Judge PEBBLES stated that as the
State admitted there was a blow
stricken, then the charge OF murder IN
the second degree was eliminated. 1t
was 1875 O'Clock when the Judge gave
his charge to the jury, which occupied
fifty minutes. He said 1t was not the
duty of the jury to be led on by at
tacks on the prosecution. The question
which concerns the jury was whether
the defendant was guilty OF any crime
murder in the first or second degree,
or nothing. The jury should be guided
by evidence and nothing else; to take
the evidence from the witnesses and
the law from the courts. and not the
law from the attorneys. There Is no
exposed malice in this case, there is i'm
piled malice. The burden is on the de-
fendant to prove there was no malice
in the case Claims he has done that
b. Simms, Schmitz, Hocutt, Barnes
and Fuller, and says there was not
witness. except Sauls who contradicts
that. No witnesses, except Sauls say
they saw any of the beginning OF the
trouble. The defendant says you ought
to believe him, because it is FIVE to one.
The defendant says Sauls Is not bad
character. and that there are other
witnesses who strengthen his conten-
ton. Two witnesses, Mr.. Billings and
the taller, say the defendant had
red spot on his face. The defendant
says he thinks he was 'excusable un-
der the circumstances and that
Schm!tE, Hocutt, Fuller and Barnes all
swore that when Haywood rose up
Skinner had jumped away s or 10 feet,
and all OF them say he had his hand on
bis pocket, some say the right, some
the left hand. He claims there is not
as much conflict Of evidence as might
be imagined. That under those condi-
tions he believed his life in danger, and
that nobody contradicts, except Sauls,
and the defendant thinks the others
ought to be believed in preference. Here
the Judge read Jones Fuller's evidence,
and said it was for the jury to say
whether the shot could have struck
him as Fuller thought. Notwithstand-
ing the fact that the State claimed to
have proved the bad characters OF
Schmitz and Hocutt, yet there are cir
cumstances to show they told the truth.
The defendant claims their testimony
is corroborated without regard to their
characters; that he had apprehension
he was about to be shot and that then
the law excuses him. But these are
matters for the Jury to decide. Because
man acts coolly 1t does not debar him
from the benefit Of the law. The State
says the jury ought to believe Fuller,
who said when he saw the deceased
he was making no effort to draw
pistol.
The State says it ought not to be re-
ceiyed because Of the blow. The blow
did not excuse the killing but did
away with malice. II the jury believes
the killing was done from anger and
passion, and not from reasonable fear,
the defendant is guilty OF manslaugh-
ter. The jury is not responsible 10 an
body for its verdict. II the deceased
jumped back and was attempting to
draw a pistol the defendant Lad a right
to fear.
The Jury was not out long-barely 10
minutes, when it came in. There was
q rush. Foreman Wigs gave the YER
dict, Not uilty."