The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-03
7. H. WOODS TESTIMONY
he Also Saw Them Talking Just Be-
fore the Shots---Twenty-Eight Wit
nesses Testified for the State Yes
terday---There are Many More.

nessss Testified for the State Yes
terday---There are Many More.
The taking of evidence for the State in
the Haywood case began yesterday morn
ing and continued all day. 1t was not
concluded when court adjourned yester-
day evening, but great progress had been
made, and Judge PEBBLES said the lawyers
had behaved very we'll
No less than twenty-eight of the prose
cution's witnesses were 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. H. Woods, of Raleigh, and j.
S. Sauls, 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 will be
a shcrt 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 few minutes until he
could arrive, but the judge said: "The
lawyers will 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 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. 'Well, you ought not get excited
examining witness" J" 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 prae-
tice of having witnesses get out of the
chair and illustrate the respective posi-
tions of persc rs on the street. This was
IeSOEItQ 10 sGNefGl tlileS yesterday uIltll
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.
Brockwell 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
well to keep the muzzle toward Senator
Woodard, who was conducting the exam
ination, 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 pistol 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 Judgment nisi
and sci ia was ordered. Later, however,
this was RENTED upon information being
received that Mr.. Stewart was unable 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 postoffice
and saw Ludlow Skinner there on the af-
ternoon he was killed. Witness went into
post office and stopped a moment. Then
Skinner came in with Mr.. Phil. Busbee.
and took out letter from his box. Then
spoke few words to a friend and smiled
at some remark Witness and a friend
lett the building behind Skinner and Bus
bee. Busbee turned north and Skinner
went dlagonally. 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 shot.
turned and saw a gentleman with revolv-
er III hand extended and smoke from re-
VoiVer. Immediately saw Skinner
emerge from behind carriage in front
OF the post office with his hat off, about
or 10 feet IRON 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