The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-13
Thursdays Session..

guilty of murder in the first degree.
For yesterday evening Solicitor Daniel
frankly said, after all the evidence on both
sides was in, that he saw nothing to con
wet the defendant OF murder IN the first
degree.
This appeared to end the long strain IL
the court room. An expression of relief
seemed to settle on the faces of Ernest
Haywood, his brothers and his counsel.
The attorneys for the defense looked al
most elated. And the crowd commenced
at once to file out OF the court room, as
if the main point had been settled, and
the long strain relieved.
Judge PEBBLES announced that the
burden was now upon the defendant to
show that he was not guilty of murder
IN the second degree. Accordingly this
allows the jury to bring in one of three
verdicts, mot guilty. guilty of man
Slaughter or guilty Of murder in the
second degree" The Judge stated that
since the burden was now shifted from
the State to the defendant, he would, in
his discretion, give theN defense .ne open
ing and closing of the argument.
Mr.. Pou will open, making the first
speech to the jury at nine O'Clock this
morning. Colonel Argo will dose for the
defense. The order in which the other
attorneys for the defendant Will speak is
as follows: Colonel Harris. Mr.. Jones,
Mr.. Holding, Mr.. Ryan and Captain Day.
A long argument between counsel and
Judge PEBBLES marked yesterday after.
noon. 1t was about the admission of eX-
pert medical testimony for the prosecu-
ton, to show how long a man could live
and how far he could walk after being
shot IN the way Mr.. Skinner was. The
question was whether or not this was
testimony in rebuttal. Judge PEBBLES,
after several sharp i~nterchanges with
members OF counsel for the State, finally
ruled it out for the reason that the de-
Tense had not introduced any such evi-
dence, and it was therefore. not in the
character of rebuttal. This practically
ended the trial, as Immediately it was
settled Solicitor Daniel announced that
the State would introduce no more evil
dence.
The jury was given a good deal of ex-
erclse yesterday, as Judge PEBBLES said,
for there were a great many objections
to certain questions on the part of coun-
sci, which could not be argued in the
presence Of the jury. and in every such
case the Judge would order the jury 70
retire, which was no easy task to accom-
plish through the big crowd.
! One of these questions was a very IL
terestlng one. 1t was while Mr.. Victor
Boyden was on the stand. He was asked
by Colonel Argo if he had a few days be
fore the tragedy, warned Mr.. Haywood
that someone in Raleigh, not the de-
ceased, was carrying a gun for him. Mr..
Boyden answered. yes. before counsel for
the State could object. The question was
ruled out.
MORE EVIDENCE FOR DEFENSE.
On inquiry by Judge PEBBLES, Deputy
Sheriff Ewards reported that Mr.. Davis
the sick juror, was better yesterday morn
: ing.
| The first witness called was T. 3. Mat
thews, Of Norfolk, Va. Examined by Mr.
Pou, witness said he was boarding al
, Mrs. Roberts last February. He hearC
Mr.. Simpson say he was standing in from
, of the Marlborough House, and after h
! heard the first shot he turned around
Witness thought he said his back wa.
toward the court house.
o Cross-examined by Mr.. Gillian, witness
: said Mr.. Simpson said he saw a man IL
the street. He did not understand hin
r to say what the man was doing. Did no
remember whether Capt. Ramsey wa
h present or not. Did not recall that MI
il Simpson said Mr.. Skinner made no at
V tempt to draw a weapon, nor that he con
tinued to retreat from Mr.. Haywood
o Witness did not hear all the converse
} ton.
G. N. Freeman was next called by Mi
Pou. He was at Mrs. Roberts boardin
o house, but did not hear the conversation
d at the table. He did, however, hear
&c conversation at another time, after tn
habeas corpus hearing. This was rule
d out. Asked il he had heard any CONVEX
-; - - 1-.xl-~- L-,.z c =
80 habeas corpus hearing. and shortly afte
r the tragedy. Objection, and the Judg
5. had to send for the evidence of Mr.. SimI
son before he could rule on it.
!" T. P. SALE.
Meantime T. p. Sale was put on til
. stand. He IS Sanitary Inspector Of Ra
- eigh. Examined by Col. Argo. Mr.. Sal
:, said that on the afternoon Of the shootin
- he was standing at B~erwanger's corne,
10 He heard a pistol shot, and turned. In
- second he heard another. Went down t
81 post office and went through the crow
of 10 where Mr.. Skinner was lying on Ii
cartrack. He saw Mr.. Skinner gasp one
- and expire. He went out and sent Ne
Barnes for John w. Brown. Barnes ca
- riage was just north of the south steps
the post office. Then Mr.. Sale startc
back to Mr.. Skinner. and some OF
suggested they ought to see if Mr.. Ski
X ner had a weapon on him. DR.. Niece
IN Jr.. was feeling of his pulse, and witne.
n asked DR.. MCGEE to feel and see if he ha
On a pistol. DR.. MCGEE felt and found OF
he in the left hand hip pocket. Then wi
ed ness, Dr.. MCGEE, Frank Stronac
cd Charles +. Johnson and james II. Ror
ne bins lifted Mr.. skinner into johnson
IS. drug store. AS he WAS placed in the drl
store witness took the pistol out of h
-e- pocket, and gave 1t to the Coroner. d
Ii Jordan, who came up just then. He sa