The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-27

agreements on behalf of the state rel
alive to setting this case for trial, and
there will be no such difficulty hereaf-
ter and the case car be set for a day
certain and my witnesses living be-
yond the state can be notified IN time,
so that they may be present.
None of these witnesses are absent
by my procurement or consent ana
this affidavit is not made for the mere
purpose of delay, but very and in truth
for the cause herein set out.
Sixth. During the four weeks when
have passed since the homicide, three
of my attorneys, Col. Argo, Capt. Day.,
and Mr.. Ryan, have been sick, and for
some time were unable to attend TO
my business.
fdavit | do not believe hat 1 ought to
go to trial at this term of the court.
NV attorneys advise me that While IN
their opinion I have a good defense,
they have not been able to prepare
that defense as thoroughly as they
think it ought to be prepared. They tell
me further that lends of the prose-
ton have infamed public sentiment to
such an extent that some witnesses IN
my behalf are keeping silent, and are
not giving me the benefit of what they
know. l believe witnesses have been
inundated and run off, or induced to
conceal themselves, and that can not,
if tried now, a that fair and Impair
tial trial which every man on trial for
his life should have.
[ do not desire to ask for a removal
of my case from Wake county. I
would prefer to be tried in my native
| county, where I have spent all the
years of my life: and if 1 were to ask
and obtain a removal of the case, L am
| satisfied l would meet the same condi-
ions in other counties where the news
papers mentioned in this affidavit cir
cuiate very largely, and I am Informed
that the prosecution in this case have
spoken to attorneys in at least two
counties, to wit: Durham and Harnett,
and asked them to be in readiness in
the event this case were removed to
either of those counties. [ believe that
after this term of the court, when the
management of the prosecution is in
the hands of a solicitor appointed by
your honor. who will say authorita-
lively to all persons that the state Of
North Carolina wants the truth in
this matter and that every witness,
whether black or white, and whether
humble or high, shall be protected in
telling hat he knows in this case, L
will not have my witnesses run away
from Raleigh or advised to say nothing
or told that this was white peoples
business, or that if they made state
ments in my behalf, they would have
their mouths mashed, or anything OF
that sort.
L hereby expressly dlsclalm any pur-
pose to charge the attorneys for the
prosecution with any of the matters
or things alleged in this affidavit. 1
believe that the matters and things Of
which [ complain have been done with
out their knowledge or consent, and I
trust and believe hat after having
these matters called to their attention
they will see that all improper methods
shall stop.
| could name other witnesses who
have knowledge of material facts and
whose evidence [ desire to obtain be-
fore this term, but, for reasons which
are manifest to Jour honor, | do not
wish to make the names of those wit
nesses public at this time.
Wherefore. I respectfully pray your
honor to continue this case for trial
at the next term Of Wake superior
court.
ERNEST HAYWOOD.