The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-11-17
SOME WITNESSES
WILL GET NO PAY
HAYWOOD Skinner Trial and
the Money Phase.
IS APT TO CAUSE ASIlR
Judge PEBBLES Says Ten Witnesses Were
Sufficient to Prove Character of R. N.
Simms and Rules Out Witnesses
Not Examined.

judgment that is apt to create 2 STIR.
It is in the matter of the payment
of witnesses fees IN the Haywood-Skinner
trial, and the judgment signed by Judge
PEBBLES is going to cut out of money a
number of witnesses who appeared in
that trial.
The judgement comes about because Of
the request of counsel for Mr.. Ernce-
Haywood, the defendant IL the Haywood
Skinner case, that the county pay the
costs of witnesses for the defense, as
the defendant was acquitted, and as this
IS the procedure under the aW.
The decision In the matter, signed yes
terday by Judge PEBBLES, says that For
the State the only witnesses to be paid
are those sworn and examined. or sworn
and tendered for examination. He re-
quires that the acting solicitor, Mr.. Wal
ter E. Daniel, OF Weldon, give a certificate
setting forth the names OF these as re-
CURED in section TAO OF Volume One
OF The Code, which makes 1t the duty
OF all solicitors in each criminal prose
cution which shall be disposed OF by trial,
removed continuance or otherwise to
call and discharge witnesses for the State
either finally or otherwise as the DISPOSE
ton of the case may require and to Tile
with the Clerk of the Court a certifi
cate giving the names OF the witnesses
entitled to prove their attendance with
the date Of their discharge.
To have this carried into effect Judge
PEBBLES has notified the Clerk OF the
Court to inform Mr.. Walter E. Daniel
OF his action and to give him twenty
days in which to file such certificates.
If the ruling of Judge PEBBLES holds then
the witnesses ruled out by him., the med
zeal experts and others, will have to pay
all their own expenses, as Will all wit
>esses kept here awaiting the decision OF
the prosecuting counsel as to the neces-
sity Of placing them on the stand.
AS to the defendant witnesses Judge
PEBBLES decided that all the witnesses
summoned and examined as provided fol
in Section TAI, Volume One of The Code,
shall be paid by the county, except as &c
the witnesses examined to prove the
character of Mr.. Robert n. Slmms, the
Judge stating in his order that but tel
of these character witnesses should bl
paid by the county, and that these ter
should be named and selected by the de
PENDANTS counsel. No costs of the depo-
s;tions taken in Baltimore to prove tho
character Of the lawyer Schmitz are a..
lowed and no witness is allowed to IrGye
for a day after he was examined.
Section 747 of The Code, under which
this ruling Is made, provides that WheL
the defendant Is acquitted or a nollH
prosequi entered, or judgement has beer
arrested and it has been made to appear
to the court that the witnesses OF dc
PENDANT, subpoenaed, bound or recognized
were in attendance and were necessary
witnesses for the defence, it is the duty
OF the court, unless the prosecution b,
adjudged to pay the costs, TO make anC
file an order directing the coU~ty to pay
the witnesses to such an extent as au
thorized for the payment CT State Wit
neSseS.
Under the ruling of Judge PEBBLES there
will be numbers of witnesses who cam'
to Raleigh who Will not get one cent
these having been summoned here by tn,
State and who were either not pu- on IN
stand or not permitted to testify by Judg
PEBBLES. The judgmement is apt .
create a stir, though it Is said 20 be oil
the line OF opinions rendered by IT,
Supreme Court.
THE WORK OF THE DAY.
In the closing day OF the court yesterda
the following cases were heard:
j.. D.. SIuruINdnJ against SdlnUt1 w all
in che watermelon case. The fee c
Referee Alex j. Field of $50 taxed ma.
and half to plaintiff and defendant.
John COIN against Geo. ID. Meares. Tn
was an action OF the representative {
a Frohman Theatrical CompanE againy
Meares, who at the time leased III
Academy Of Music for damages. Non-su
was entered as the plaintiff failed TO Al
pear.
Joseph Jones against j. p. Sell. Th
was an action for damages and the cas-
was SIX or seven years old. 4 non-su
was taken.
In the case OF Marshal Partin again.
Nat Franks and the Mills Manufacture
Company, q motion to set aside the NC
dict OF $50 was made and refused. 4
appeal was taken.
Five cases of John b. Kenny again.
the United Insurance Company and o,
OF the company against Kenney we
put together. The case was compromise
out Of court and judgement was give
against the company for costs.
The report of the commissioner, w.
Jones, IN the case Of z. B. Barbee Us.
E. Beckwith and others, Involving Il
sale Of the Rocky River Springs Hot
property to l.. 7. Caudle for 50 sos w
signed and the fees allowed the commi
~Ioncr named. the case being held f
further direction.
A judgement was signed confirming Il
report of the Clerk in the case OF b.
Lacy, treasurer, against the Clinton Lo.
Association.
a judgement was signed in the case
the will OF Ruffn Goodwin, Gecoase
which established the viii as against t
attack made IN 1t. the case being G
titled Leonidas Goodwin VS.. Closa [
churcl and others.
A judgement was signed reyoking t
letters of guardianship OF the State
Sidney L. Holloway who was adjudGcd
being now able to look after his own
fairs.
The court adjourned yesterday for t
session.
Mr.. W. J. Tally, manager OF the Gu
mock Coal Mine Company, of Cumnot