The news & observer., 1903-05-30


1t was now nearly one o'clock, and by
consent court adjourned until three
O'Clock. Mr.. Pou saying that the defense
had another phase OF the case which they
did not care to start on until after the
recess for dinner.
AFTERNOON SESSION.
Court met again at three o'clock, and
first of all Chief Justice Walter Clark, OF
the Supreme Court, testified, to the good
character Of Mr. Simms, and Associate
Justice H. c. Connor to the good reputa-
tion borne by Mr.. Simms and also the
colored driver, Ned Barnes. They were
examined b yCol. Argo, and the prosecu-
ton did not cross-eXamine.
Then Col Argo called Mr. Joel d. Whit
aker, of this city lie testified that he
saw Haywood with Deputy Sheriff Sc
park Immediately after the shooting, as
he (witness) was going toward the body
OF Skinner He had noticed a red mark
on the right side of Haywoods face, and
had remarked on it to his brother at the
time Senator Woodard ross examined
Mr.. Whitaker
Mr. Victor H. Boyden also testified
that he met Haywood as (witness) was
going from Tucker building to the post
office and had noticed a red spot on his
right cheek He was otherwise very pale
and his eyes were excited.
Deputy Sheriff Charles A. Separk was
next examined by Col. Argo In Mr.. Hay
woods office he had seen a raised, a red
mark on Haywoods face, eXaming him at
Col. Argos suggestion. In jail the next
IL, bo boI 40 aply yryHig oh
had grown dark by that time.
Mr.. Gillian cross-examined Mr.. Separk
Jailer o. l.. Parham testified that the
next morning in Jail he noticed a bruise
about his right temple or cheek bone.
and under the right eye was dark as if
with cogulated blood, He had heard moth
ing about any fight and asked Haywood
about the mark. He started to tell what
Haywood had said, but was stopped by
objection of counsel for prosecution.
Here the defense rested for the present
and Senator Don Gillian arose and said
that but for the preliminary statement
of Col. Argo the day before. he would
not have made any opening remarks.
With the consent of the other side Col
Argo then examined Rev w G. Clements,
Superintendent of County Schools of Wake
County, as to the good character Of A. J,
Rogers, a colored man who has a position
in Collector Duncar's office in the Fed
eral building.
Then Senator Gillian began calling the
witnesses for the prosecution.
MR.. GWALTNEY'S EVIDENCE.
Mr.. w. Z. Gwaltney, the druggist, was
first examined by Mr.. Gillian He was
looking through the north window Of his
store, up Fayetteville street past the court
house. Now came the other side of the
story. Witness saw a gentleman leave
the sidewalk somewhere between the cen
trail and southern steps of the postoffice
and Immediately thereafter noticed a hand
come forth from near the postoffice build
ing, pointing outward with a light object
in it. He saw a flash as of a pistol from
teh hand The body was hidden by the
building. The man who left the side
walk was walking as if he was drunk
He had taken a fey steps when the first
shot was fired He seemed to be going
diagonally southeast. Apparently the Sc
cond shot was not fired until after he had
reached the east cor track. Haywood was
smoking a cigar and had his hat on when
Mr.. Holding cross-examined Mr. Gwalt-
ney very searchingly, showing photo
graph of the postoffice building and cour'
house and end Of the Pullen building
showing Gwaltney's window. The picture
was taken from somewhere in front OF
the postoffice. The object of this photo
graph was an attempt to show that there
was no good line of vision from the drug
store window.
At one time during the cross -exami-
nation, things got pretty warm between
Mr.. Gwaltney and Mr.. Holding, and al
most the lie was passed.
Mr. Z. G. Simpson Representative from
Perquimans county in the Legislature
was next examined by Solicitor Daniel
He was across the street and when he
heard the first shot he saw Skinner com
ing apparently toward him across the
street, and a hand outstretched on the
other side of the street. Skinner was
about midway between the curbstone and
1.-The car track. After the shot was fired
Skinner changed his direction so as to
be going northeast, and then the second
shot was fired.
Col Argo cross examined Mr.. Simpson
Quarter-master Sergeant j. w. Pike. Of
this city was next examined by Mr. Gil
liam. At the postoffice he had met Nh
Haywood coming from the court house
Mr.. Pike was going toward Davie street
He saw a man he would have taken to be
Skinner, after seeing him, after he was
dead, coming down the middle steps OF
the postoffice and going cata-cornered
across the street toward Johnson's drug
store. After he reached the north side
of the court house. he heard a shot ana
turned and saw Haywood about thirty or
forty feet off Skinner was about eight
feet from the curbing in the street He
had only time enough to take step or
two before the second shot He put his
hand to his breast and moved quicker,
turning around. so that he fell with his
head toward the postoffice.
Mr.. Pike said he heard on excitement or
difficulty. Haywood, when he first saw
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