The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-14

of an act and concludes or determines IN
his mind to commit the act; he mas thus
premeditated the commission of the act
The law does not lay down any rule as to
the time which must elapse between tho
moment when a person premeditates, or
comes to the determination in his own
mind to kill another person. and the mo-
ment when he does the killing, as a test.
1t is not a question of time. 1t is merely
a question Of whether the accused formed
in his own mind the determination to
kill the deceased, and then at some sub
sequent period, either immediate or re-
mote does carry his previously formed de-
termination into effect by killing the de-
ceased. If there be an intent to kill and
a simultaneous killing, then there is no
generalization. In determining this ques-
ton of the elaboration and generalization,
it is competent for the jury to take into
their consideration the conduct OF the
prisoner before, as well as at the time Of
the homicide, and all the circumstances
connected with the homicide"
Mr.. Pou has dealt with theories, and /
will deal with the evidence. We viii con-
slider the evidence of Mr.. Smidtz and Mr..
Hocutt. They were some distance from
the scene of the tragedy. They were
hIduulllS ABOUT al the COTIeE VI buG Otbt-
zens' National Bank, and the killing oc-
CURED at the southeast corner of the post
office, or thereabout. 1t is evident that
they could not have seen very distinctly
from such distance, saying nothing of the
fact that there were three carriages stand
ing in front Of the post office according
to the testimony of the other witnesses.
Mr.. Smidtz says that he saw Ludlow Skin
ner strike the defendant, and retire from
him some or 10 or II feet, and hesitate
for an instance upon the curbing of the
sidewalk. He tries to go further than any
other witness into the question of Ludlow
Skinner making any move to draw
weapon but, if you will read the testimony,
you will find that he cannot quite be made
to say that With this one exception it
would seem that Mr. Hocutt's testimony
is about like that of Mr.. Smidtz. But we
will take Mr.. Simms' testimony, the wit
ness for the defendant, and who was very
much nearer the scene of the tragedy,
and whose vision was unobstructed. To
my recollection he was standing a little
north of the middle steps of the post Of
fee, and testifies that he saw Ludlow
Skinner strike the defendant and retire
from him a much greater distance than
that testified by Mr.. Smidtz, hesitate
moment and attempt to go from the de-
PENDANT, when he saw or heard the fash
or report Of the pistol According to bis
testimony he was in position to see all
that occurred, and he does not for one
moment say that he saw any effort on
the part of Mr.. Skinner to draw the pis-
toll. Take the evidence of the witness
Rogers who testiies as to what Ned
Barnes told him very short while after
the tragedy occurred. He was standing
about feet from the window of the sec
ond story of the post office. About the
time, or Ifssibly before, he could get to
the window, being attracted by the report
of the pistol, two shots were fired. Upon
looking out of the window he saw Ludlow
Skinner off the curbing of the sidewalk
about, as l recall it, half way between
the curbing and the street car track. He
says that Barnes told him that before
and after the first fire of the pistol, Lud-
low Skinner was endeayoring to get away
from the range of the defendants shots.
Under the view that l take of the case it
makes but very little difference as to
whether the first or second shot killed Mr..
Skinner, but if evidence is to be believed,
given by those who were in a position to
give it, it was the second shot that killed
at, or Immediately after, the second FIRE
Of the pistol, he threw his hands up and
brought them upon the upper portion of
his body and made all other indications
that man would make who had just re-
ceived his death wound.
Now what was the condition of Mr..
Haywood at the time of doing, and inn
after he had done this deed?
He was perfectly cool and collected, he
took care that his hat should be straight
upon his head, according to the testimony
of the young man who had been page in
the Legislature. and according to other
testimony, he picked his hat up and put
it upon his head. and in all respects seem
ed to be perfectly cool and collected.
What would have been the condition Of
any man under the circumstances, who
had not deliberated the deed? After the
fire of the pistol, or after he had seen the
fatality of his shot, he would have shown
great excitement, he would have been
overcome with the fear that accidentally
he may have taken a human life; he
would not have quietly put his pistol in
his pocket, but would have let it fall and
have FASTENED to the wounded man to see
the extent OF his injuries. Now, according
to the testimony of the witness, he not
only fired twice, but held his pistol IN
readiness. He did not do so from the
fear of an attack from Ludlow Skinner
with q pistol, because Skinner was trying
to get away from him. If he had had the
high regard for human life which he
should have had, he could easily have
placed himself in safety. 1t would have
been but a step or two to where he could
have shielded himself behind the cover of
The postoffice, out of the range of any
pistol ball of Ludlow SINNERS. But, with
lhe intent to kill, he fired once, and with
)ut being in any danger from Ludlow
under all OF the testimony, he
fired again. and only replaced his pistol
n his pocket when he was well assured
that the life he had premeditated taking.
had already been taken. There is a great
leal of evidence which bears upon and
,ustains me in the position which I have
,aken, but doubtless that will be brought
3ut more fully by my associate counsel,
who will follow me.
MIR. DONNELL GILLIAM'S ARGU-
MENT.
1t is submitted on behalf OF the State
ha + the apnlipation If the defendant to ha