The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-06
New Evidence for State.
From News and Observer, Oct. 3.

tOlCIlQt1 Nitl court dIJOdl Itd yCSttL
day evening, but great progress had been
made, and Judge PEBBLES said the lawyers
had behaved very we'll.
Nc less than twenty-eight of the prose
cution's witnesses We're examined during
the day. Nearly all had testified before
at the time of the Habeas Corpus hearing,
but there were several new witnesses,
notably T. II. Woods. OF Raleigh, and j..
S. SauIs, Of McCullers. The evidence OF
both Of these gentlemen is apparently
very material to the case, and will be
found below in brief and also as reported
by the stenographers verbatim,
1t is likely that all of today will be con
sumed by the States evidence. and pos
sibly part Of Monday also, as this VIII be
a short day, there being only one session,
lasting until 8 o'clock.
Judge PEBBLES makes the lawyers toe the
mark. He started out bright and early
yesterday morning. One of the States
counsel was not in court room when the
time arrived to begin the case, and a
brother attorney begged the indulgence
of the court for a few minutes until he
could arrive, but the Judge said: The
lawyers VIII have to regulate their work
according to the sittings of this court.
Proceed with the case"
Later IN the day, when two of the at
torneys on the opposing sides began to
indulge in a little repartee the Judge said:
Make your objections to the court. Don't
quarrel among yourselves" Il can get
along if they'll only keep STILL said the
attorney who was examining the witness.
You keep still yourself replied the
Judge. How can I keep still when I'm
examining a witness?" retorted the law
yer. "WeIl, you ought not get excited
examining a witness" was the Judges an
swer. I'm not in the least excited was
the last word Of the lawyer, as he wiped
the perspiration from his face.
The Judge also put a stop to the prac-
tice of having witnesses get out OF the
chair and illustrate the respective posi-
lions of persons on the street. This was
resorted to several times yesterday until
stopped by Judge PEBBLES, who said he
would permit no more of it. since it was
apt to confuse the minds of the jury.
An amusing incident made folks laugh
yesterday afternoon. 1t was while Mr..
BrockN.ell was handling the pistol with
which the shooting had been done. Capt,
Day became very nervous as soon as he
saw the weapon, and begged Mr.. Brock
we'll to keep the muzzle toward Senator
Woodland, who was conducting the exam
nation, instead of pointing at him. When
he learned that the pistol was loaded his
trepidation increased still more, and he
asked affrightedly that the cartridges be
withdrawn. Finally Judge PEBBLES order
ed that the Iistol be unloaded, and it was
done; but even then Capt. Day was ner-
vous, saying that he was as much afraid
of an unloaded pistol as of a loaded one.
He says he was shot once, and don't want
to be again.
One of the witnesses, J. A. Stewart, of
Winston. was called and failed to respond
and he was fined $50, and a judgment nisi
and sci ia was ordered. Later, however,
his was RENTED upon information being
received shat Mr.. Stewart was unabl to
attend on account of illness.
STATES EVIDENCE.
The Clerk called the roll of the jury
and then the taking Of evidence was be-
gun without delay, the State call
ing the first batch of witnesses. Eighteen
were sworn IN together.
Logan Terrell, of Raleigh, was the first
witness to take the chair. Senator John
E. WCodard conducted the examination.
Mr.. Terrell said he was in the postoffcc
and saw Ludlow Skinner there on the af-
ternoon he was killed. Witness went into
post office and stopped a moment Then
Skinner came III with Mr.. Phil. Busbee.
and took out a letter from his box. Then
spoke a few words to a friend and smiled
at some remark. Witness and a friend
, left the building behind Skinner and Bus
bee. Busbee turned north and Skinner
went diagonally. Witness and friend went
north at ordinary gait, and had reached
north corner of post office when atten-
ton was arrested by the sound of a shot.
Turned md saw a gentleman with reyolv-
er in hand extended and smoke from re-
volver. Immediately saw Skinner
emerge from behind a carriage in front
OF the post office with his hat of. about
S or 10 feet from curb-stone, with left
hand over hip and right hand over breast.
At same time saw Haywood drop his
pistol and start to walk north. Haywood
very pale, walking very slow. Seemed to
be looking at Skinner. Witness went to
skinner as quickly as he could. Hay
wood took only two or three steps when
Deputy Separh came up and placed him
under arrest. Skinner went across street
car track, and turned in falling with face
toward post office. Witness and several
other gentlemen laid him out on street,
and In a short time Skinner gasped three
times and expired in witness lap.
No cross-eXamination.
George Wilson, Of Raleigh, was
next called. He is a youth of about six
teen or seventeen. He was walk
ing north on Fayetteville street. Had
come up Davle street. Passed Separk
near court 'house sseps. Witness at
north corner of court house, and Hay
wood near south end of post office. ap-
p%arently on raised portion of sidewalk
Saw Haywood's arm extended and saw
him fire twice. Looked to see wha-
he was shooting at, and saw Skinner
take two or three staggering steps and
fall, with face to west. Looked like &
second after Haywood's arm extended be
fore heard shot. Noticed no one on side
walk IN front of post office.
No cross-eXamlnatlon.
T. B. Austin, the Richmond travelIins
man, vas then examined by Senator Gil
liam. He was not very familiar with
Raleigh. On February 21st last was il
the city Did not see actual ShootiOC