The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-09
SPEECHES BEGIN TODAY

al Yesterday Afternoon as 10 tne
Admission of Expert Medical Testi-
mony for State Ended by Judge
PEBBLES Excluding It.
This jury cannot find Ernest Haywood
guilty of murder in the first degree.
For yesterday evening Solicitor Daniel
frankly said, after all the evidence on both
sides was in, that he saw nothing to con-
Wet the defendant of murder in the first
degree.
This appeared to end the long strain in
the court room. An expression of rehef
seemed to settle on the faces of Ernest
Haywood, his brothers and his counsel.
The attorneys for the defense looked al
most elated And the crowd commenced
at once to file out of the court room, as
if the main point had been settled, and
the long strain relieved.
Judge PEBBLES announced that the
burden was now upon the defendant to
show that he was not guilty of murder
in the second degree. Accordingly this
allows the jury to bring in one of three
verdicts, mot guilty. guilty of man
slaughter" or guilty of murder in the
second degree The Judge stated that
since the burden was now shifted from
the State to the defendant, he would, in
his discretion, give the defense ,ne open
ing and closing of the argument.
Mr.. Pou will open, making the first
speech to the jury at nine O'Clock this
morning. Colonel Argo will close for the
defense. The order IN which the other
attorneys for the defendant will speak is
as follows: Colonel Harris Mr.. Jones,
Mr.. Holding, Mr.. Ryan and Captain Day.
long argument between counsel and
Judge PEBBLES marked yesterday after
nocn. 1t was about the admission of ex-
pert medical testimony for the prosecu
tion, to show how long man could live
and how far he could walk after being
shot in the way Mr.. SAinner was. The
question was whether or not this was
testimony in rebuttal. Judge PEBBLES,
after several sharp interchanges with
members of counsel for the State, finally
ruled it out for the reason that the de-
fense had not introduced any such EVIL
dence. and it vas therefore, not in the
character of rcsuttal. This practically
ended the tri1l. as Immediately it was
settled Solie tor Daniel announced that
the State would introduce no more evi
dence.
The jury was given a good deal of cx-
ercise yesterday, cs Judge PEBBLES said.
for there were a great many objections
to certain questions on the part of coun-
sci. which could not be argued in the
presence of the jury. and in every such
case the Judge would order the jury to
retire, which was no easy task to accom-
plish through the big crowd
One of these questions was a very IL
teresting one. 1t was while Mr.. Victor
Boyden was on the stand. He was asked
by Colonel Argo if he had a few days be-
fere the tragedy, warned Mr.. Haywood
that someone in Raleigh, not the de-
ceased, was carrying a gun for him. Mr..
Boyden answered yes, before counsel for
the State could object. The question was
ruled out.
MORE EVIDENCE FOR DEFENSE.
On inquiry by Judge PEBBLES, Deputy
Sheriff Ewards reported that Mr.. Davis,
the sick juror, was better yesterday morn
ing.
The first witness called was T. B. Mat
thews, of Norfolk, Va. Examined by Mr..
Pou, witness said he was boarding at
Mrs Roberts last February. He heard
Mr. Simpson say he was standing in front
of the Marlborough House, and after he
heard the first shot he turned around.
Witness thought he said his back was
toward the court house.
Cross-examined by Mr.. Gillian, witness
said Mr.. Simpson said he saw man In
the street. He did not understand him
to say what the man was doing. Did not
remember whether Capt. Ramsey was
present or not. Did not recall that Mr..
Simpson said Mr. Skinner made no at
tempt to draw weapon, nor that he con-
tinued to retreat from Mr.. Haywood.
Witness did not hear all the converse
ton.
c. n. Freeman was next called by Mr.
Pou. He was at Mrs. Roberts boarding
house, but did not hear the conversation
at the table. He did, however, hear
conversation at another time, after the
habeas corpus hearing This was ruled
out Asked if he had heard any CONVEX
sation at the boarding house before the
habeas corpus hearing, and shortly after
the tragedy. Objection. and the Judge
had 10 send for the evidence of Mr.. Simp-
son before he could rule on it.
T. p SALE.
Meantime T. P. Sale was put on the
stand. He is Sanitary Inspector of Raj
eigh Examined by Col. Argo. Mr.. Sale