The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-06

papers that a Baltimore lawyer had seen
| the shooting, and that he feared he would
be compelled to testify against fellow
| lawyer, and had not told him that he
saw Haywood shoot Skinner as he was
| gong away from him. When coming to
Raleigh last May for the habeas corpus
hearing, he had again met Mr.. Thurston,
but had not brought UP the subject, and
| Mr.. Thurston had expressed no surprise
that he was a witness and had not SAID
he did not see how he could be a wit
ness for the defense alter what he mad
told him, and he did not tell Mr.. Thurs
ton that he had changed his opinion after
seeing diagram of the wound.
On the 18th of last July witness had
been compelled by the advice OF ply
stefan to take. his wife away for her
health. His wife had a hemorrhage an
| hour before train time and he took
her to her mothers at Annapolis, where
she is now, in a very low condition from
tuberculosis.
Witness was asked if he knew c. Guy
Wilson, of Baltimore, a lawyer. He SAID
he did. Did he know H. Clay Folger,
Baltimore lawyer? He said he knew HIM
very well, but he was not lawyer, but
! a lawyers clerk Mr. Wilson had asked
witness if he was going to Baltimore to
testify in this case. and if he expected
to get anything out of it. Then Mr.. Will
son said that he himself would not go
| for less than 10000. Mr.. Wilson had
asked him if he did not have the promise
OF Mr.. Haywood's entire fortune for com
ing to Raleigh and testifying for him. He
had not told Mr.. Wilson Haywood was
| a millionaire, and had not said conf
| daD to1 lv tn Ar
ceived only $500 for getting Haywood out
on ball. and if he had only had nerve and
pluck enough he could have gotten $4,000.
but he would see to it that he got
great deal more at the trial in Octo-
Der. He had not said to Mr.. Wilson
that ne had received by mail check
for 500. and had not cashed it for the
reason that it was not sufficient Asked
| if Haywood had not gone up to him and
Rugged and kissed him and told HIM he
| had saved his life, Mr.. Schmitz laughed
and said no, of course not.
| Several other questions along this line
were asked, all of which Mr.. Schmltz
denied with Indignation. saying the only
thing he told Mr.. Wilson that he had re-
! ceived was witness ticket for his ex-
penses which he had not cashed, as 1t
was not quite enough to cover llrs neces-
| sary expenses. He was now glad that he
had kept thisA and wished to introduce.
1t was $50 and some cents.
Asked if he knew Mr.. ODonnel. he
SAID he did, very well. Had he had some
trouble before the Police Commissioners
with Mr.. O'Donnell who was a detective
and who had been summoned here to Raj
eigh to testify against Mr.. Schmitz? Yes,
some woman had tried to blackmail him,
and he. being a personal friend of sew
! eral of the commissioners, had succeeded
| in preventing the matter from being
brought up before the board. and to re-
ward O'Donnell for keeping quiet he had
| slipped SO in his pocket Mr.. ODonnell
was q brother in the same lodge with
him. This trouble was five years ago.
Some months ago Mr.. Schmitz heard that
Mr. O'Donnell was going down to Raleigh
| to testify against him, and had appeared
before the Police Con Rssaoners, and
asked whether it would ~ permissible for
a detective in the employ of the Police
Department to go to Raleigh and testify
| thus against witness In case there.
finally Judge PEBBLES. after repeated OBJ
| jcctions by counsel for defense, said he
had had enough of that trial before the
Baltimore Police Commissioners.
Did witness know a woman in Balti
more by the name of Hazel human? OBJ
| lection by Mr. Pou. Court admitted the
question Witness first refused to answer,
and then said that he knew a woman by
that first name. She had tried to black
mail him, employing Wilson Then tie
court ruled out the question. Then Sena-
| tor Woodland asked if witness had had
any trouble with this woman. Captain
| Nh. 40.
reply.
Capt Day: DO you think it right &c
inquire into the wild days of boy, with
the view OF attacking his character in mid-
die life? Why if you were to do that
what, would become of you and me and
Gillian and all the rest of us here"
(Laughter)
| Mr.. Gillian: "You have been a boy.
Captain Day, it is true, but there is no
danger of you having any wild days in
the future Mr. Gillian then laughing
| ly appealed to Colonel Argo, but that gen
tleman said he was not in this, and did
not want to get into it. Laughter). Fin
I ally Senator Woodland asked the following
question, which was admitted by the
court
| Did he have any trouble with this wo
man from making her proposition for
which she slapped his face? He said he
positively had not had such trouble with
her. Had he paid her $40? No, he had
paid the $40 to O'Donnell Was she
woman of bad character? Witness had
heard she was now Was she living with
certain man now? Objected to and OBJ
lection sustained. The JUDGE SAID he did
not see how the fact of his making
proposition to woman would affect his
character for truth.
Mr. Daniel: Gin other words mans
previous immoral life has nothing to do
with his crediblity as witness"
The Court ''His whole life hight have
something to do with. it, but not certain
portions of his life"
| On redirect examination by Col. Harris,
Mr. Schmitz testified that the character
of c. Guy Wilson was bad, and that that
of H. Clay Folgcr was also bad. When
he saw Skinner advancing on Haywood
he looked to him as if he was going to
draw a revolver. Ruled out by the court.
Then the Baltimore depositlons as to
Mr.. Schmitz's character were brought IN.
The following are the persons making the
dispositions:
Accoo;o+ T,,e+;oo Jobn 7 DObier of the