The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-10
Two Theories of the
Killing.
CONTINUED from Third Page.)

ference which shot killed, for both were
fired, accoring to that evidence, while
Mr.. Skinner was going off.
Mr.. Woodland impressed upon the jury
that they would not be Furnishing the de-
PENDANT if their verdict was guilty, they
would only be finding the facts. They had
nothing to do with the punishment. He
hoped they would not be influenced at all
by the picture suggested OF Mr. Haywood,
proud as he was, and justly so, OF his fam
lily and record, in prison stripes. The
crime was one that was condemned by the
law itself. That was worth more than a
vast deal of argument
The defense had said they did not attack
witnesses, yet when Mr.. Simpson, who
had been entrusted to represent his peo-
pie in the Legislature was brought up
here, they had called in lot ofnboys,
champions of Mr. Simms, who had gotten
angry because Mr.. Simpson discredited
Mr.. Simms That only went to show,
said Mr.. Woodland, how forgetful of facts
counsel became when he undertook to
read a lecture to the State on the subject
of consistency And Mr.. Simpsons testi-
mony merely corroborated what Mr. Jones
Fuller said. Had the jury noticed that
| little bit of theatrical by-play, when Mr.
Pou undertook that little display of cheap
generosity by proving Mr. Fuller's char
acter by some of his own witnesses? The
State had not asked for any assistance
| from the other side. They did pot need it
| in the conduct of their case.
| Mr. Woodland said he could not conceive
a doubt that the jury would hesitate to
believe the testimony of the States wit
nesses, unimpeached and unimpeachable
Even if the burden was upon the State
! that evidence would be sufficient to es-
tablisl the fact that there was no JUST
fication for the taking of this life.
Mr. Woodland said that he understood
that the counsel who were to have the
closing arguments had some very caustic
| things to say of counsel for the prosecu
ton for suppressing the evidence of Miss
Pace, and not giving the defense Mr.
Fullers statement But, as matter of
fact, Mr.. Fuller had told Mr.. Hinsdale
that night, and had told Mr. Haywood
that what he had seen would not help
them at all.
Col. Harris interrupted here to say that
he did not remember that Mr.. Fuller had
told Mr.. Hinsdale. Jr., of what he saw
That part of the evidence was then read
Capt Day said that he did not recollect
that Mr. Fuller had told Mr.. Haywood
that what he had to say would not do
them any good.
| Mr.. Woodland then told the jury that
they saw how difficult it was for counsel
with the notes of the evidence to remem-
Der just what had been said. But moth
ing that counsel or judge might say of the
evidence should have any weight as
against their own remembrance of it. He
| then went on to say that Miss Pace was
in the State until September 18th, and
the subpoena for her was not issued UNI
| til September a. That did not look very
frank or ingenious on the part of the de-
Tense
/ The State had brought witnesses worthy
of belief. 1t was true Mr. johnson had
testified against his own son-in-law, Mr..
Sauls 1t was a very bad bird that fouled
| its own nest 1t was a very poor sort of
man that would vilify the character of
the father of his own grandchildren.
Mr.. Pou had said a great deal of the
criticism of Mr.. Simms, but never had a
word of this fallen from the lips of the
speaker. If the jury would recall Mr..
Simms' testimony, it corroborated the
theory of the State that there was no
justification for the taking of his life.
1t showed that the killing was the result
of a violent passion. he jury was asked
to find verdict of not guilty on the
strength of the evidence of Schmitz, Ho-
cult, Burst and Barnes. Mr.. Woodland
had been struck with the elegance of at
tire of MI Schmtz, his manner upon
the stand, and the fact that counsel for
the defense had considered it necessary
to secure men with high sounding titles
to testify to his character instead of Sc
lecting everyday individuals that he as
ISOLATED with on terms of intimacy. The
test the State had applied to Mr.. Schmitz
was his talking at Southern Pines about
this shooting They had brought the very
witnesses from there that had been
brought here last May by the defense in
the habeas corpus proceedings. He had
given these people. different account
from that he had given on the stand, say
ing that there were no blows, no fight,
and that Haywood Shot Skinner while he
was going off from him. The defense had
dared not to discredit the testimony of
these gentlemen from Southern Pines. And
if Schmitz is to be discredited, then Ho.
cults testimony falls with it, for they
were together, noble pair of brothers,
going about trying to stir up sensation
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