The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-11
The Argument is
Half Over.
Continued from First Page)

laws character was bad? They were
afraid they would bring out the real
state OF affairs. No such witness uas
been presented by the defendant. Ever
one OF his witnesses has been a man of
character. and has been able to prove
1t. The State has put not single wit
ness on the stand who saw the whole
transaction. The defendant had proved
that he had been called to the court
house on business. Mr.. Skinner had seen
him as he came out of the postoffice and
gone to meet him. Miss Mattye Pace
had seen Mr.. Haywood impressig some
thing upon Mr.. Skinner, with no motion
to strike him. Then Mr.. Skinner struck
him, and stepped back. reaching for his
pistol with his left hand Naturally lie
turned his left side to Mr.. Haywood. Mr..
Woodland said he was shot while gong
away; he could not see how counsel
could have said that when he knew how
the bullet had entered the body, as shown
by the evidence OF DR.. Knox and the
clothes.
Everybody said the two shots came one
right after the other, just as one wou &
shoot at a covey of birds. As Mr.. Skinner
started off, all the witnesses said, he
turned his head, not his body, and his
left hand was still in his hip pocket
SO all the witnesses said. That alone
would justify Mr.. Haywood in firing the
second shot.
IT Miss Pace could have been put upon
the stand, the speaker hal no doubt that
all of the witnesses for the defense would
have been corroborated He did not
blame her for not wishing to come; DJt
he did say that if the State could have
proven a single thing for their side
by Miss Pace, they would have made
no such compact as they did with Jon
Fuller. As it is, out of her mouth and
through Mr.. Fuller, the jury has her
story which confirms all the other wit
nesses for the defense.
AS to the carriages shutting Of the view
of Hocutt and Schmitz, both of these
witnesses had sworn that there was moth
ing to obstruct their vision, and he
jury must believe they had sworn to
lies, if Mr.. Woodland was correct. Then,
so to speak, out Of the mouth of a babe
the defendants case has been proved.
That little red-headed Thomas boy told
the whole story, and he did not beneve
his friends on the other side Thought
that little boy had told lie. Yet by the
questions asked that little boy they showed
they were trying to show that no mule
and wagon was there. That was mega
tive testimony, which is vastly different
from positive and affirmative. testimony,
and this is of more weight than negative
testimony. Nearly every bit of the evil
dence for the State was negative, while
nearly all of the evidence for the defe..d-
ant is of the affirmative and positive
kind. That little boy had not yet passed
the age of kneeling down at his mothers
knees and isping out his prayer, Now
1 lay me down to sleep Here Col. Har-
ris voice broke, and tears stood IN his
eyes as he spoke. 1t might be, he said,
that some man grown old in vice, could
have possibly been found to come here and
perjure himself and corrupt the very
fountain of justice, but not so with this
little child, just on the verge of boy
hood.
Circumstances do not lie, nor does MT
ural evidence, outside of the testimony
of witnesses The natural evidence that
has been presented here is of vast impor
lance Mr. Skinner had on an ovcrcoat,
under coat and vest Why was it the
bullet hole in the overcoat was in the
lapel? If that had not been so, the
jury could not have argued from the
bullet holes that any motion had been
made by the deceased when he was she's.
This was proof positive that Mr.. Skinner
had his hand in his left hip pocket, even
il not single witness had sworn to 1t.
This proof was mountain high. The jury
was to be congratulated that such was the
natural testimony before them in this
case.
John Harrington actually swcre that
Mr.. Skinner was shot in the back, and
Mr. Woodland, by some inconceivable rea-
soning had also said that he was shot
going away from him. No witness had
made it plain that Mr. SINNERS left
side was toward Mr.. Haywood at the
second shot. in such a position that he
could be shot as the wounds showed he
was shot.
Mr.. Woodland had seemed to think that
the jury was bound to believe the testi-
mony of the Southern Pines men and
Mr.. Thurston. Such was not the case at
ALL All the circumstances must be taken
into consideration by the jury. Then ne
had discredited Mrs. Billings testimony,
because the carriages were there, and she
could not have seen Mr.. Skinner step off
the curb As matter of fact, she could
have seen Mr.. Skinner if the carriages
were there, for he was about the curb,
and not out in the street.
1t would be most unreasonable that any
man, and especially one of the profess
sion of law, without previous provocation,
would become an assassin, and IN broad
open day, in the most public place in
Raleigh, on Saturday, that he should
have planted himself there to waylay
young man with whom he never had had
the slightest difficulty. and between whom
and him not single cross word had
ever passed, or anything to create enmity
between the men.
Col Harris said that upon all the evil
dence it must be plain to the jury that
the defendant was not guilty, and he
had no doubt it would be the pleasure
of the jury to promote happiness rather
than misery 1t was IN their power to
turn his face toward perfect morn.
His face was toward the sunset, his
shadow was lengthening. and he turns to
you and asks that you turn upon hin
the light of a perfect sunshine.
Col. Harris closed at five minutes to
ten o'clock, after having spoken for an
hour and forty -five minutes.
w. N. JONES.
Mr.. Jones, for the defense, followed Col.
Harris He hogan by saving that much