The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-14
THE JUDGES CHARGE


Senator Gillian Concluded His Speech
Yesterday Morning---He Was Fol-
lowed by Capt. Day for the Defense
u hen Solicitor Daniel Closed for
the State, and Col. Argo Began the
Last Speech
The Haywood case will go to the jury
today, probably this morning. Col Argo
began the concluding speech yesterday ev-
ening at a quarter past 5 o'clock and
spoke until five minutes past six o'clock,
when court adjourned until this morning
at nine o'clock. When Solicitor Daniel
concluded his speech, it was agreed that
court would continue in session until Col
Argo concluded, but at the time mentioned
Judge PEBBLES was suffering from a severe
headache and Col. Argo was somewhat
wearied So it was decided to hold over
for another day.
This morning, as soon as Col. Argo con-
cludes his speech, Judge PEBBLES will
charge the jury, and the case viii prob
ably go to them before dinner.
Yesterday morning Senator Don Gillian
continued his argument, speaking a little
over an hour and a half which made his
entire speech one of over four hours du-
ration, the longest of the trial thus far.
Capt. w. H. Day, for the defense, fol-
lowed Mr. Gillian and spoke until zone
o'clock, at which time court took rece8Sl
for dinner.
After dinner, at three o'clock, Solicitor
w. f. Daniel began the closing speech for
the State, and concluded at ten minutes
past five o'clock. Then, in about five min
utes Col Argo commenced the closing
speech for the defense.
There was big crowd in the court room
during both the morning and afternoon
sessions.
Judge PEBBLES succeeded shortly before
recess in preventing a good deal of the
noise that has been so disagreeable all
through the trial. He discovered that it
was done very largely by persons going
in and out over the barefioor of the upper
hall. and ordered the sheriff to have some
kind of mating put down there to deaden
the sound This was done with very eff
fective results
SENATOR GILLIAN CONTINUES.
Court met at nine o'clock yesterday
morning, and Senator Gillian resumed
hls speech begun the previous afternoon.
He reviewed briefly that part of his ar
gument that had been for the purpose of
showing that there was some provocatjor
for the blow of Ludlow Skinner and
that there was evidence of malice on the,
part of Ernest Haywood
Captain Day objected, that he under
stood Mr.. Norris to say that the State
admitted there was no evidence of provo
cation on the part of Haywood.
Judge PEBBLES ruled that there was no
| evidence of provocation, and counsel
must not base his argument on anything
that IS not in evidence.
! Mr.. Gillian contended that Mr.. Simms
had testified to struggle, that Mr.. Full
ler had testified that Mr. Haywood was
tapping Mr.. Skinner on the breast, and
that there had been quarrel.
The Judge however, still ruled Mr..
Gilliam's argument on this point inn
proper, and Mr.. Gillian said he must
obey His Honor but he respectfully enter
tanned difference of opinion.
Then Mr.. Gillian took UP the evidence
as to what happened on the street. Mr..
Smms Mr.. Briggs George Burst, Captain
Smith, George Wilson, Mr. Austin, Mr..
Tompkins, Mr.. Woods, John Harrington,
Mr.. Jones Fuller, all testified that there
was no pause on the part of Mr.. Skinner,
but that he was in steady and continual
retreat, and therefore no man would have
been justified in shooting at retreating
man.
The only witnesses that gave evidence
contradictory to that were Schmitz Ho-
cutt, Barnes and Walter Thomas. Mr..
Gillian said he cared not what array OF
character witnesses had been brought. if
Schmitz and Hocutt had talked as they
had on other occasions, as had bsen
proved, it was sufficient to discredit their
statements on the stand He thought
Hocutt had about sized up his friend
Schmitz, "a d--n bright fellow, VINO
could be brought down here, if sufficient
money were put up'
Mr.. Gillian read part of Mack Fuler's
evidence, that part where he testified
that he had made an Incorrect state
ment TO Mr. Norris when he told him
Haywood was standing on the grass TO
the south of the postoffice When man
excuses a previous statement on the
ground that he was not sworn, you may
take it as reasonably certain that his
word is not to be believed when he IS
sworn.
4 Mr. Gillian submitted that It was
the last shot that struck Mr. Skinner, and
that the evidence Overwhelmingly bore it
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