The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-29
TWO WITNESSES
TELL THE STORY
Testimony Of B. A. Schmitz and R. N. Simms
Yesterday at Haywood Habeas Cor
pus Hearing.

issued by you having date the 18th of
May, 1908, directed to the undersigned as
sheriff of Wake county, requiring that re-
turn be made thereto rs to the custody of
Ernest Haywood and the authority and
cause of his Imprisonment and detention.
The following return is made:
1. The said defendant, Ernest Haywood,
is In my custody, and his body is herewith
produced before Your Honor, as command
ed by the aforesaid writ of habeas corpus,
which is also herewith returned
Q. The causes of his detention are as
follows
On the 21st day of February, 1903, upon
affidavit of c. A. Separk before j. C..
Marcum, Justice of the Peace in and
for the county and State aforesaid, charg-
ing the said Ernest Haywood with wilfully,
unlawfully and feloniously killing and
numbering one ]. Ludlow Skinner with a
pistol, and the said Justice of the Peace, at
a hearing held on said day committed the
said defendant to the common Jail of this
county without bail to answer the charge
of the State against him for murder. in
the Superior court of said county, and
upon mittimus to me directed the said
jail as aforesaid; the affidavit, warrant,
proceedings thereon, evidence and mittmus
are herewith returned: that thereafter at
the March term, 1908. of the Superior
court of said county, the grand jury Se-
turned true bill of murder in the first
degree against the said defendant, charg-
ing him with the murder of the said =.
Ludlow Skinner; that thereafter the said
defendant
ralgned upon said charge, pleaded not
guilty thereto, and upon his motion con-
tinuance was granted until the next term
of the said court for the trial of criminal
cases, and by order OF the court, Judge
Justice presiding. was remanded to my
custody there to remain to abide the
judgment of the court.
And for the causes and under the au-
thority above set out the said defendant,
Ernest Haywood, has been detained and
is now detained in my custody in the com
mon Jail of said Wake county.
copy of said Indictment is hereto at
tached and made part of this return.
All of which is respectfully submitted,
NJ. w. PAGE, Sheriff
Mr. SCHMITZs TESTIMONY.
Mr.. Bernard A. Schmitz, of Baltimore.
was the first witness called by the defense.
HIS evidence was as follows:
My name is Bernard A. Schmitz, 1 am
an attorney at law and live in Baltimore,
Nd.
On the day of the tragedy ] happened
TO be out walking with a gentleman ac-
quaintance of mine by the name of Mr.
Hocutt, and he suggested to me that we
take walk down Main street and other
streets of the city to see the public
buildings. Being stranger here-I had
never been to Raleigh before, and or
course mad not seen anything, and we
came down on the east side OF Fayette-
slhe street and as we approached towards
the corner OF the postofice, I think 1t
Is Martln street, or something by that
name' We stopped at the corner where
lhe Dank building isl don't know the
haIne OF the bank building, but there is
pank tnere We stood on the corner and
ne remarked to me, speaking of the post
oihce building at Raleigh; what do Won
think oil our postoffce in comparison
with the one we have at Baltimoreg' and
sald oh, 1T Is nothing compared witt,
ours, and had no sooner remarked that
when my attention was attracted across /
to the steps of the postoffce where |
seen two men arguing rather excitedlv
looking as if they were going to have = |
quarrel or a fight, of some kind / think
and l no sooner had the words out of
my mouth, when / noticed the man
whose back was towards the gutter or
curb raise his hand and strike the man |
IN front of him, l think he struck him !
around his face somewhere OF course 7 /
was not In so many feet near him, and |
couldn't tell exactly what part of the
lace 1t was that the lick hit him, but it |
looked rs If it was on the side. AS he |
struck him the gentleman on the house |
SIDE, whom l have since learned to be
Mr Haywood, staggered back and sorter |
struck his foot against the stone slab or /
something that was there right at the
base OF the postoffice steps and as he /
struck his foot he fell backwards and
caught himself on his hand, and as he
dld that the gentleman who had his
back turned towards me who had struck
him backed about eight feet, | should
imagine about eight feet, am only judg-
ing the distance, and as he stepped back
he suddenly started to go forward again.
1t looked to me as if he was going to
renew the attack, as if he intended to
hit him again, and he sorter had his hands
in this position Gndicating), then he went
toward him, and as he did that
[ heard q shot 1t came so very quickly
that it sorter surprised me. When this
.hot took place the man who had his
back towards me sort of staggered little
back, possibly a foot or so, and as he
TIA ggered back | tnlnk he sort of turned
,owards the curb of the street and then
heard another shot. As he turned to-
wards the street, and when he got going
owards the car track, think the man
turned and fell, and when he fell l started