The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-02
Morning Session.

Senator Gillian announced that Mr.. W.
L. Rose. who had made the measurements
and prepared the chart. was in the court
room. He also said that they had a few
more witnesses to put upon the stand.
Mr.. Pou protested against the introduc-
tion OF any more witnesses, as the defense
had understood that with the submitting
of the maps and charts, the prosecution.
rested. The defense had discharged fifty
witnesses on Saturday afternoon, under
standing that no new evidence would be
introduced.
Mr.. Gillian stated that they would
frankly say that the testimony introduced
would be as to the character of Mr.. Ho-
cutt, and as to contrary statements made
by him. He said that Mr.. Hocutts con
nection with the case was not known be-
fcre and was surprise.
Col. Harris said that the prosecution
had asked no questions Of Mr.. Hocutt
that indicated any intention to attack his
character. Mr.. Hocutt was examined the
first thing on Friday morning, and there
had been time enough for the prosecution
TO attack his character.
Mr.. Pou said that a large number of
witnesses to Mr.. Hocutts good character
had been discharged
Solicitor Daniel said that he understood
that Mr.. Hocutt's character witnesses had
been examined.
Mr.. Pou said only some Of them had
been put on the stand.
Mr.. Woodard said that he did not un-
derstand that the judges were passing
upon the innocence or guilt of Mr.. Hay
wood, and that this was not like a trial
before a jury. Mr. Hocutt's testimony
had been a surprise to them. and they
considered it entirely competent that they
put on witnesses In rebuttal of that eyi-
dence.
Col. Argo said that the prosecution had
held the defense down to rules, and now
they wished to depart from the rule them
selves
Finally Judges Douglas and Walker an
nounced that, while they didn't think the
prosecution was entitled to it as a matter
of right, in their discretion they would
allow the evidence desired by counsel for
the State.
The prosecution then, in order to make
the matter perfectly proper and compe-
tent. asked permission to have Mr.. Hocutt
on the stand for few minutes.
Mr.. Norris then asked him if ne had
not been in Mr.. o. G. Kings drug store
and had said to him that he expected TO
be witness, and had told him he had
only been attracted by the first shot. Mr..
Hocutt said he could not say positively
as to having compensation with Mr..
King, but had positively not said to Mr..
King or any one else that he Lad been
attracted only by the first shot He had
rot said that he saw no alteration, al
though he might have said that he did
not know by which side he would be call
ed a witness.
Mr.sW p Rose was then called to the
stand, and examined by Mr.. Gillian as to
ms measurements and charts. He testi.
fed that the width of the sidewalk in
front OF the post office, from the building
to the curb. is 90 feet. There is fall
OF inches from the top of the area, or
raised place, to the curb.
The width of Fayetteville street from
curb to curb is so feet. From the curb
to the centre of the street car track is
% feet. From the curb at north OF the
post office, at Martin street to the south
me OF the post office is 131 feet. From |