The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-11-17
Haywood Skinner Trial and
the Money Phase.
Is APT TO CAUSE SIR
Ju9g, PEBBLES Says Ten Witnesses Were
Sufficient to Prove Character of r. N.
Simms and Rules Out Witnesses
N,t Examined.

1t is in the matter of the payment
of witnesses fees in the Haywood Skinner
trial, and the judgment signed by Judge
PEBBLES is going to cut out OF money 4
number of witnesses who appeared in
that trial.
The judgement comes about because Of
the request OF counsel for Mr.. Ernest
Haywood, the defendant III the Haywood
Skinner case, that the county pay the
costs of witnesses for the defense, as
the defendant was acquitted, and as this
is the procedure under the aw.
The decision in the matter, signed yes
terday by Judge PEBBLES, says that sor
the State the only witnesses to be paid
are those sworn and examined. or sworn
and rendered for examination. He re-
qures that the acting solicitor, Mr.. Wal
ter E. Daniel, of Weldon, give certificate
setting forth the names OF these as re-
CURED in section TAG OF Volume One
of The Code, which makes it the duty
OF all solicitors in each criminal prose
cuton which shall be disposed of by trial,
removed continuance or otherwise to
call and discharge witnesses for the State
either finally or otherwise as the DISPOSE
ton of the case may require and to file
cate giving the names of the witnesses
entitled to prove their attendance with
the date of their discharge.
To have this carried into effect Judge
PEBBLES has notified the Clerk OF the
Court to inform Mr.. Walter f. Daniel
oil his action and to give him twenty
days in which to file such certificates.
If the ruling of Judge PEBBLES holds then
49, la1 ,,t l,c,h J.; he
zeal experts and others, will have to pay
all their own expenses, as will all wit
esses kept here awaiting tho decision of
the prosecuting counsel as to the neces-
sity of placing them on the stand
AS to the defendant witnesses Judge
PEBBLES decided that all the witnesses
summoned and examined as provided fer
in Section TAT, Volume One of The Code,
shall be paid by the county, except as to
the witnesses examined to prove the
character of Mr.. Robert N. Simms, the
Judge stating in his order that but ten
of these character witnesses should be
paid by the county, and that these ten
should be named and selected by the de-
fendants counsel. No costs of the depo-
s;tions taken in Baltimore to prove tho
character of the lawyer Schmitz are al
for a day after he was examined.
Section TAT of The Code, under which
this ruling is made, provides that when
tie, defendant is acquitted or a nolle
prosequi entered, or judgement has been
arrested and it has been made to appear
10 the court that the witnesses of de-
PENDANT, subpoenaed, bound or recognized
were in attendance and were necessary
witnesses for the defence, it is the duty
OF the court, unless the prosecution be
adjudged to pay the costs, 20 make and
file an order directing the cor-ty to pay
the witnesses to such an extent as au-
thori2ed for the payment of State Wit
neSses.
Under the ruling of Judge PEBBLES there
will be numbers of witnesses who came
to Raleigh who Will not get one cent,
these having been summoned here by the
State and who were either not put on the
stand or not permitted to testify by Judge
PEBBLES. The judgmement is apt 20
create a stir, though it is said to be on
the line of opinions rendered by the
Supreme Court.
THE WORK OF THE DAY.
In the closing day of the court yesterday
y. B. Sturdivant against Samuel Watts
in the watermelon case. The fee of
Referee Alex j. Field of $3.50 taxed half
and half to plaintiff and defendant
John COIN against Geo. d. Meares. This
was an action of the representative oil
Frohman Theatrical Company againss
Meares, who at the time leased the
Academy of Music for damages. Non-suit
f,,I
pear.
Joseph Jones against j. P. Stell. This
was an action for damages and the case
was six or seven years old. non-sult
was taken.
In the case of Marshal Partin against
Nat Franks and the Mills Manufacturing:
Company. motion to set aside the YER
diet OF $50 was made and refused. An
appeal was taken.
Five cases of John B. Kenny against
the United Insurance Company and one
of the company against Kenney were
put together. The case was compromised
out OF court and judgement was given
against the company for costs.
The report of the commissioner, w. 3
Jones, IN the case of E. B. Barbee VS.. x.
B. BeclSwith and others, involving the
sale OF the ROCKY River Springs Hotel
property to L. T. Caudle for $2,505 was
signed and the fees allowed the commits
sioner named, the case being held for
further direction.
judgement was signed confirming the
report of the Clerk in the case of B. r.
Lacy, treasurer. against the Clinton Loan
Association.
A judgement was signed in the case
the will of Rufin Goodwin, deceased.
which established the will as against II
attack made on it. the case being en-
titled Leonidas Goodwin VS.. Ciosa Up
church and others.
a judgement was signed revoking the
letters Of guardianship of the State of
Sidney l.. Holloway who was adjudged as
being now able to lo K after his own al
fairs.
The court adjCu.i.,J yesterday for the
session.