The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-10-13

IacrOss the street, and tha he was
standing near the scene. that Schmitz
IsaId one reaSOn he was returning TO
baltimore earlier than usual was that
Haywood was n brother lawyer and he
did not want TO appear against him.
Thurston saw Schmitz again on May
I26th. The latter said he was going to
Raleigh to ppear in the habea cor
Ipus proceedings for Haywood. Thurs
ton expressed surprise. Schmitz said
!he had made a former statement, but
counsel for Haywood had been to Bal
timOre and shown him diagrams.
showing that instead of ~retreating.
Skinner was advancing.
j. &. Thompson, Of Vance county,
said that witness c.. e. HOcutt told
him in the presence of l. ]. Young
(WhO c~OrrObOrated ThOmpson's evil
Idence) that he saw the whole affair;
lHOcutt said that the opinion in Raj
leigh was strong against Haywood and
las far as r. n. Simms' statement was
concerned, everybody knew it was a
HE. Hocutt further said he knew a
imam in Baltimore who, if SINNERS
side would put up enough money.
would make a good witness. Hocutt
said there was no fight, that Skinner
was abOut forty feet from Haywood
when the shooting began.
O. @. King, of Raleigh. said Hocutt
lCAu mn NA1SAN ~ - 49, AAS-Nf S@A~S
he was going to be a witness, but did
not for which side.
a number of witnesses testified that
mot know for which side.
The judge stated that he mean no
reflection on states counsel when he
Idisapproved of their method of cross
Examining witnesses last Tuesday.
Attorney Gillian said the state de-
sired to offer testimony of experts as
lrebutta1 testimony as to which shot
WAS the fatal one that the matter was
largely in the discretion Of court,
rather than from the rule of practice;
THAT the development of the case
IshOWS it is material to ShOW where the
deceased was standing and which of
the two shots was the fatal one: that
lat least half of the many witnesses
Examined as to this vital question
lshow that the fatal shot was received
half way between the curb and the
lstreet car track. All the evidence of
1.-THE state was to show that the second
was fatal.
Attorney Argo for the defense said
this expert testimony before it closed.
THAT one state witness had testified
that the first shot killed.
Gillian said it was impossible for
the state to put on this expert testi-
Imony before the defense had offered
ITS teSIlTnOny.
Judge PEBBLES ruled out the expert
Testimony by the state. saying he did
mot consider it rebuttal testimony n
THAT the state should ave introduced
it at the prope time. before it closed
its case.
Counsel for the state then said they
had no further evidence to offer and
1.-The case was closed.
The judge asked Acting Solicitor
lDaniel whether the state could ask
for Il verdict of murder in the first
degree.
Daniel said: NO. we will only ask
for verdict of murder in the second
degree"
The judge said a sthe burden was
on HI defense, he would give it the
lopening and closing.
| Counsel for the state cOntended that
They were entitled to the close.
The judge said as the burden was
tirely within his discretion, and in
such cases he always gave the de-
opening and closing.
James H. Pou will open for the de
ifense and 7. NJ. ArgO will close. other
icounsel for the defense will speak in
the following order: &c. L. Harris.
wv. n. Jones'. J. n. Holding, :. C.
Ryan and w. H. Day.