The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-04
THE PROSECUTION RESTSt
Miss Matte Pace Told James Fuller
She Saw a Quarrel, and Saw Skin
ner Strike Haywood on
the Chin.

The most interesting, as we'll as very
material fact, in the Haywood case, was
developed yesterday morning while the last
witness for the State, Mr.. Jones Fuller,
of Durham. was on the stand. 1t is that
Miss Mattye Pace, of this city, witnessed
all that took place between Ernest Hay
wood and Ludlow Skinner on that fatal
afternoon of the 21st of February, in
front of the postoffice, says she saw an
angry conversation, blow struck by
Skinner, and Haywood fire twice
Miss Pace was at the window on the
third floor of the Marlborough House. over
the main entrance, conversing with Mr.
Fuller, who was step or two back from
the window. She told Mr.. Fuller
she saw Ernest Haywood and
Ludlow Skinner standing close to the
bottom of the southern steps of the post
office, engaged in what seemed to be a
very heated conversation. Mr.. Haywood
was apparently impressing something upon
Mr.. Skinner, for he was tapping him on
the breast with his forefinger as though
emphasizing his remarks. In a minute
Skinner struck Haywood on the chin, as
she thought, and she exclaimed: "There's
fight" or There's going to be a fight,
or There are two men quarrellng,' or
something to that effect, and in a second,
Hes going to shoot him." This brought
Mr.. Fuller to the window, and as he
looked he saw Mr.. Haywood fire the first
shot at Mr.. Skinner, who was leaving
Mr.. Haywood with his back toward him.
as it seemed to Mr.. Fuller. Then Mr..
Skinner half turned and went diagonally
northeast and Mr.. Haywood fired again.
Mr.. Skinner then threw both hands to
his left side, circled and fell over the car
track That is in substance what Miss
Pace and Mr.. Fuller saw. as stated yester
day on the stand by Mr.. Fuller, the part
about Miss Pace while under cross-ex-
animation.
Miss Pace has not been summoned by
the prosecution, for the reason that Mr.
Fuller, when he gave his statement to
the attorneys for the State, about a month
and a half ago. did so only upon the con-
dition that Miss Pace should not be called
as a witness. The defense is unable to
subpoena her nov. as she is out of the
State.
1t was twelve o'clock yesterday when
the State announced that it rested its
case In reply to question by Mr.. Pou,
Mr. Daniel stated that the prosecution
would ask for a verdict according to the
charge in the indictment, which is murder
with malice aforethought.
1t is thought by counsel on both sides
that the trial will be concluded by next
Saturday. allowing three days for the In
production of evidence by the defense,
and one day for evidence of State in re
buttal
A rather diverting incident during the
morning was when Judge PEBBLES heard {;
great noise of loud talking and laughing
wn-stairs, and ordered a deputy to go
down and arrest everyone he saw taking
part. The deputy ushered into the court
room four negroes of various ages and
tfnts, and said he had found them talk
ing about watch and looking at it.
Judge PEBBLES ordered that each one be
fired 50. The colored men looked SO sad
at this that Solicitor Daniel and Capt.
Day begged the judge not to let the clerk
take their money, saying that they were
sufficiently scared. So the Judge remitted
the fines, and chorus of ''Thankee sirs,''
was heard, amid broad grins and white
teeth.
Another more serious incident was the
receipt by the judge of an anonymous
letter informing him that the jury had
been seen to be struggling on the street
and persons had been seen to speak to
them on their way to and from meals
The letter was delivered to the Judge by
young Rogers, special delivery clerk at
the postoffce. Judge PEBBLES had the boy
summoned and sworn. He said the letter
had been given to him by Postmaster
Bailey to deliver. Then the Judge had
Postmaster Bailey hailed into court and
asked him who the letter came from 4
dent know said Mr. Bailey, 1T came
by mail" The judge picked up the enve-
lope. Why. SO it did, he said, Il had
ret noticed that before. / beg your par
don Tor sending for you"
Judge PEBBLES then gave Deputy Sheriff
Edwards very explicit directions about the
jury He must not even take them to
church today, because in case recently
the words of preacher were said to have
influenced the minds of jury in this
State.
MORE STATES EVIDENCE.
w. p. Rose, the architect, was recalled
FIST yesterday morning. He said the dis
tance from the southern steps of the post
Office to the Citizens National Bank cor
ner is 1S2 feet inches The width of
the raised parapet is feet 4 inches.
Height of parapet is ii inches above side