The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-02
THE HAYWOOD CASE

front of Mr. Haywood ana 1 couldn't see
exactly.
Il say that he staggered back, and he
evidently had been shot when | heard
the second shot.
%. You say that day was your first
day in Raleieh?''
"A. No, l came the day before"
4 had been at Southern Pines before
came here. l had staid there about
three months | was suffering with lung
trouble, and was there fos my health. 1
had an acquaintance in the city Of Raj
elgh by the name of MIR. j. Rowan Rogers.
and came down here to see him. That
IS the reason I was IN Raleigh that day.
We have known the family Of Mr.. Rogers
for number Of years, my wife is a friend
of Miss Rogers, Miss Annie Rogers. She
went to school in Baltimore and she visl-
ted our house and we visited her.
Il first met Mr.. Hocutt, with whom /
was that day, down at Southern Pines,
at the cottage where | was stopping,
suppose the first part OF February or the
last Of January probably, before that
Acting Solicitor Daniel then took VI the
cross examination of Mr.. Schmitz, who
said III reply to the first question:
L
Friday afternoon, l think it was an was
taking walk on that Saturday after
noon, down Fayetteville street, we were
on this side of the street, we stood on
this side Of the street, not on the side
the court house is on, but on the west
side [ was on the other side Of Fayette-
Vile street, l stopped about the corner
Of this bank building. The bank build
ing is over on that corner Gndicating the
Citizens Bank).
There was no obstruction between me
and what occurred
GO. Do you know the distance?"
"a. I suppose that isl never thought
of it before, but 1 would imagine the
street is about rs feet. I was dagonally
across the stseet.'
q. What would you say was the dis
tance from where you were to where Skin
ner and Haywood, it is alleged had thi.
di4fculty?'
"a. Now, l never measured the dis
tance, but | was on that corner
%. 1 know you can give me some esti-
mate?"
"A Well, as they were on the last steps
of the postoffice-1 am not very good
judge Of distances. Suppose we say 110
feet, would that be right?"
90. [ don't know, l want you to tel
me-
"a ] didn't measure it, and Of course
I couldn't say
% Would you say about 100 feet?"
"A. Possibly I might be wrong"
20. Will you say what distance?"
"a. No sir. l won't say
60 What attracted your attention?'
"a. My attention had been called to the
postoffice building. in the comparison made
between that and the one where l came
from. We had not passed the postoffic(
building, that is down below; we were
coming down from the capital After
had commented on the building, then
saw these men talking"
q. When you saw them talking how
near to each other were they?"
"a. I don't suppose-let me see the en-
tire time of the conversation, l didn't
notice, the only time l noticed, if [ may
be permitted to state it my own way
The conversation could not have been O
very long duration at the time because
| it happened almost like an instant to nc
! | was attracted by this violent argument
between the men and that quick (indcat-
ins) I saw the blow.
4 had not seen them before. | did moi
notice any gesticulation.
! %. What was there at that distance
leo feet or more to attract your attention
by the conversation, you couldn't hear any
part Of the conversational
! "a. Pardon me, they had an argument
and then the hand was raised that quick
l am trying to tell you that it was doEt
almost instantly.
''The fact of the raising of the arm and
the blow made me think that they were
having an argument"
| g. Then you wouldn't know they were
/ having an argument unless he had raised
his arm?''
"a Yes, sir. suppose they were talking
very loud. and I could tell"
/ 90. Could you hear anything at all?"
''No, sir, but you can presume things
from distance
co If he hadn't raised his arm, wa:
there anything that attracted your atten
tion to these two men having an argu
ment except that?"
"a I coildn't answer that question.
''After the one whose back was turned
to me had stricken the other one h'
stepped back after
g. Did he step back before the MAI
fell or afterwards?'
GA No. sir, as soon as the man fel
he backed off,
20. How did he have his hands?'
"a. He looked like he was Threatening
to me-
20. In what way; how was he threaten
ng?"
ga. If I am not mistaken, I think h'
drew this hand back as if to pull a re
volver.''
90. Did you say that in your examina
tion in chief?"
"a. I don't know. Yes l am a lawyer
If l didn't say it before, pardon rle, ]
may have slipped my memory for tn
minute, 1 wouldn't say he did but it ap
peared to me that way. Now you asl
me the direct question as it looked to me
and it looked to ne as if he drew hl
hand back, but couldn't say he DID
definitely. this thing happened in such {
quick time"
/ 20. Just moment-didn't you say II