The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-11


Schmitz after he had been shown dj9-
grams. Mr. Strong said he did not mean
To attack the character OF this httle 10y
by any means.
George Burst was their sixth main wit
ness. On cross-examination he had said
that Mr.. Skinner had his back at the
first shot. Mr.. l.. W. Smith said tia.
at the time OF the first shot MIR. Skin
ner had his right side aud back to Mr.
Haywood. And George Burst testified
that after the two shots Mr.. Haywood
had picked up his hat, brushed it off
and replaced it on his head. That showed
a great deal of GOODNESS and elaboration.
Where was the use Of showing a motive
when the eyes of persons had seen tA-
killing itself
Ned Barnes was next taken up. He
saw Mr.. Skinner trying to reach his ps-
tol with his right hand. There was
a curtain at the back OF that carriage.
and Ned Barnes was not in position
to see what r. n. Simms saw Mr.
Strong thereupon read the stenographiC
report of what Mr.. Simms said he saw
He had seen the blow struck, and the
man on the outer side spring away to the
northeast and go across the sidewalk,
ner reached the curb. That puts Mr.
Skinner just where Mr.. Jones Fuller says
he saw him when the first shot was fired
What is the use of talking about negative
testimony when two men like Mr.. Simms
and Mr. Fuller testify to such facts as
these. So Mr.. Simms contradicts Schmnz,
Hocutt Ned Barnes, Mack Fuller Walter
Thomas They must have had some da-
gram shown them.
This pistol of Mr.. SINNERS was the
most outrageous pistol he had ever heard
of, to be tugged at and tugged at, ana
then after the man was dead to come
out easily 1t was a different kind Ct
pistol from the one Mr.. Haywood had.
There was Mr.. Sales testimony on that
point.
Miss Mattye Pace has said through Mr..
Fuller what she saw. AS far as her evil
dence is concerned, it was beyond the
power of the State to put her on the
stand. For if they wanted Mr.. Fuller's
testimony, they had to make the promise.
and they could not break it. The defense
knew what Mr.. Fuller would say Mr.
Strong did not see why the defense dwe,c
on matters like these that were not ma
terial facts in the case.
If, after the first shot Mr. Skinner
reached for his pistol he was perfectly
justifiable. Whether his reaching for his
pistol placed the clothing as they say it
did, matters not He had a perfect rigdt
to reach for his pistol then.
Mr.. Matthews and Mr. Warren were
very close by, and they first saw Mr..
Skinner leaving Mr.. Haywood All the
evidence is that Mr.. Skinner acted on the
firing of the second shot as if he was
struck then. With that testimony, what
shot would the jury say had killed Mr..
Skinner. He had flinched at the second
shot, thrown up his head and placed his
hands TO his side.
Neal Freeman, the colored hackman,
says he was in front of the Marlborough
House. Mr.. Moring and Mr. Russ I'd
not look until after the second shot Vet
Isaac heard the first shot way dowI at
the depot. He must have seen somebody
else besides Neal Freeman down there. 1t
was necessary for Isaac to say he heard
the shot in order to fix it that Neal
Freeman got to Fayetteville street after
the first shot. Why didn't they ask Mr.
bbins about Neal Freeman's cha~ac-
Mr.. Strong said he didn't consider that
tine uSlSuSe, Win It's - = eNs-
dence, had proved anything. Ard TIE
burden was upon the defendant His was
strange and peculiar theory. If Skin
ner had wanted to shoot Haywood he had
ample opportunity to do so; but no, he
clears for action. What action?
This ended Mr.. Strong's speech. He had
spoken for an hour and ten minutes.
j. n. HOLDING.
Now came Mr.. Holding for the defense
He for a moment or two contrastcd both
the contentious and then outlined the evil
denee on both sides. The State hal started
out with the theory that Mr.. Skinner had
never had any difficulty at all with Mr..
Haywood that Mr.. Haywood had sat
Mr.. Skinner without provocation as he
left the postoffce. That when the death
wound was given Mr.. Skinner was near
the street car track. IF that was not,
why had they put on all these witnesses
to prove it?
Taking up Mr.. Jones Fuller, Mr.. Hold
ing said he was way up on the third floor
Of the Marlborough House. He was step
away from the window, and when his at
tention was called he stepped to the win
dow and saw the first shot fired just as
They admit the blow was stricken, but
claim that Mr. Skinner knocked Mr.. Hay
wood down and had gone 35 feet while Mr..
Fuller took one step to the window. Mr.
Slmms had placed Mr.. Skinner at the
edge of the stone pavement at the time
the first shot was fired. That he thought
explained Mr.. Fullers testimony.
Mr.. Woodland had said it would be a sad
day for North Carolina and for its institu-
tons when juries return verdicts IN oppo
sltlon to the sentiment of the best ele
ment of the people. He would say IN con-
tTast to that it would be a bad day when
jurles failed to return verdiets in accord
ance with the evidence. What eleme9k did
he mean? 1t seemed to him that this jury
represented the best element in North
Carolina
Mr.. Holding vc1cmCntly referred to the
conduct of the counsel for the State in
making compact with Mr.. Jones Fuller.
Mr.. Strong had asked the question, how
could they break that contract. Was a
contract of that kind ever made before
in the existence of criminal practice IN
North Carolina. Was it not humiliating
to the jury to know that fellow citi-
zen was put on trial for his life and
with knowledge in the possession OF the