The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-06-05
Especial TO The Messenger.)


Raleigh, n. c., June I'm the Hay
wood habeas corpus case today, j. E
Woodland spoke for the prosecution
and took the position that the justices
hearing the case were not tryers OF
fact. but simply to determine whether
the evidence is sufficient to warrant the
grand jury in its finding of this case.
He said Skinner went to the post
office to mail an important letter and
after coming out of the office and was
about to leave the sidewalk he was shot
by the defendant, and tina Skinner
having turned his left side to Haywood
was shot the second time and the sec
ond shot was the one which took eff
feet.
Mr.. Woodland recited statement of
the witnesses for the state, claiming
that every one had testified that Skin
ner never showed any signs of pain till
after the second shot. He reminded
the justices that if they become tryers
of the fact, they would usurp the pre-
negative of q jury, and would soon be
called on to go all over the state to
hear proceedings like these proceed
ingS.
Mr.. Woodland laid strong emphasis on
the fact that the defendant had Oppor-
tunity for trial in March and only six
weeks renamed now till another op-
portunity weul be presented to have a
trial, and that in view of these cir
cumstances. and of the evidence, bail
SHOULD not be given.
Mr.. Woodland was followed by Walter
z. Daniel for the state. He said he
hesitated but for the precedents by the
defens in arguing the facts to convict
as now constituted. He reviewed the
evidence for the state and for the pros
ecutiOn. He commended that the evil
denCe of SimmS would cOnVic the de-
PENDANT of murder in the second degree.
while the testimony of at least three
witnesses would convict him of murder
in the first degree.
Z Nj, Daniels said he hesitated to put
two Justices of tie Supreme court in the
attitude of passing upon the veracity
of witnesses who had testified to state
officials. Mr.. Daniels noted that the
states witnesses had seen the difficulty
from every point of the compass and
had not shown consistency in their teS-
timOny worthy of the special attention
of the court. In conclusion Mt. Daniels
referred to the fact that the defense
had made n theatrical performance in
summOning of all the dignitaries Of
CIiuEC anu SltlN, III OINSI ~ DO4SlCA up
the character of Mr.. SimmS.
In referring to authorities cited by
Mr.. Gillian yesterday, Col. ArgO said
nearly every case had been OVerruled
by more recent decisions. In reply to
the of the prosecution that
Haywood had opportunity TO be tried
in March. Col. ArgO SAID ii would have
been butchery to have tried the defen-
dant at Il time when the public mine
was intlammed by all sorts of false ru-
merS as To the facts and circumstances
of the killing
Referring To the of the
counsel for the prosecution. that bond
ing the defendant would be Il dangerous
precedent. Col. ArgO said the law nae
no precedentS and if this action rave
The defendant any advantage. it was
only because the evidence gave him
that advantage and if the evidence
gave him that advantage. then he
ought to nav it.
At the conclusion of Col. Argos
speech. Judge Douglas announced that
his decision would he announced to-
morrow at noon.
(By Associated PreSs.)
Raleigh. y. g. June 2-Argument
was concluded in the Haywood-Skinner
habeas corpus case this morning. At
its conclusion Associate Justice Robert
NJ. Douglas. who with Associate Platt
d. Walker. presides. announced that
the decision would be rendered at noon
tomorrow.
The view of the prosecution was pre-
scented by Senator John z. Woodland, of
Wilson. and Acting Solicitor Daniel, Of
Weldon. The contention of the prose-
cution as set out in these speeches IS
that Ludlow Skinner went into the post
office to mail an important letter. was
seen by Ernest Haywood TO leave and
after he came out of the ~postofice and
was about TO leave the sidewalk. was
shot at by Haywood. and that as Skin
ner moved on he turned his left side
to Haywood who then fired the fatal
second shot. They deny any alJerca-
ton or that the first shot killed Skin
ner. II was argued that me reason for
not granting Haywood bail was that
but SIX weeks remained between this
time and the criminal court. They in
sisted that the testimony of Slmms. the
chief defense witness. would convict of
murder in the second degree 1nd that
three witnesses showed il 10 be murder
in the first degree.
Colonel T. VI. Argo closed for the de-
tense and made q powerful plea for
bail. citing both law and facts. Hay
wood was cheerful T smiling when the
court adjourned. He and his lawyers
while the states attorneys insist that
st VIII not be granted.
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R~einforcements are being rushed to
Jackson. KY, because the state troops
on crrrar4 r1ara ara "UOru nu+ with aDS-