The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-03
THE DECISION
AT NOON TO-DAY
Tudges will Announce in the Court House
Whether Haywood is Liberated on
Bail OF Not.

any way upon counsel, but the kindest
feelings for those who were openly prose
cutting the case. Mr.. Woodard said that
was very honorable, that in the
heat of argument Mr.. Pou had
used language that he would not
have used under any other circumstance.
Mr.. Pou again arose and said he could
not permit that He stood now by every
thing he had said. He did not discaim
anything: but he was not referring to
counsel in any way, or to any one openly
prosecuting the case Mr. Woodard said
he had not understood Mr.. Pou's use of
the word they" Then Judge Douglas
said that they could not permit any con-
troversy between counsel.
Then Mr. Woodard took up the evi-
dence, and set forth the theory of the
prosecution 1t was that Mr.. Skinner
lad gone to the post office on private
business, was seen there by friends, had
talked with them and was seen to smile,
just as usual: Leaving the postoffce, he
started across the street and was fired upon
by Mr.. Haywood. He turned, presenting
his left side as he looked over his should
er, and received the fatal bullet in his
left breast. They insisted that it was
the second shot that killed him, and based
this largely upon the testimony of DR..
Knox.
Mr. Woodard took up the evidence of
other witnesses in the same way and
then went on to speak of the great
danger of establishing precedent of this
kind He did not doubt that the judges
had never heard before of a case like
this After being in Jail until the first
trial with all the opportunities of asking
for bail and then when brought to trial
asking for a continuance, although that
meant further incarceration, and now
only a little over a month before his
trial, asking for bail
Another remarkable thing about this
case was that although in lnat affidavit
made at the March term of court the
prisoner had mentioned several import
ant witnesses who were absent and ne
cessary to his case, yet at this hearing
not one of those witnesses had been put
upon the stand Mr.. Philip Busbee, men
toned iii the affidavit, who was in an
infirmary in Baltimore at that time, is
in the city now and subject to the ac
tion of this court.
Then Mr. Woodard came to Mr.. Simms
evidence. AS he began to speak of this
he said he regretted that counsel had
used language in regard to those who
dared to criticize Mr.. Simms.
Here Judge Douglas said that he thought
it would be better if Mr.. Woodard would
not criticize counsel but confine his re-
marks to the evidence of the witnesses.
Mr.. Woodard replied that he merely
wished to give notice that if counsel on
the other side wished to conduct the case
or that plane, the prosecution would ask
no quarter from them.
The. testimony of Mr.. Simms weighed
| by all the rules of evidence, made it a
case of murder in the first degree, for
the second shot was fired at retreating
man, even though there had been an al
tercation.
| Ned Barnes testimony was taken up
and torn to pieces. He had said there
was only one carriage. Other witnesses
had said there were three.
/ Mr.. Schmitz's testimony was unreason-
able. and Mr.. Hocutt's did not help it
much, as witnesses had testified that ne
bore a reputation for not telling the
truth. Where was Willis Briggs when the
heated argument that Mr. Schmitz talk
ed about was going on? Then the testi-
mony of George Wilson, the sixteen year
old boy. contradicted Mr.. Schmitz.
| Mr. Woodard closed with a beautiful