The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-10
Two Theories of the
Killing.
Continued from First Page.)

der In the first degree. He had frankly
said he did not. Then the Judge, sayins
that the burden had shifted to the defense
to show that Haywood was not guilty o
murder in the second degree, had added
that he in his discretion would allow tn,
defense to open and close the argument
After this statement by Mr.. Daniel thu
speaking began at once, Mr.. Pou making
the opening speech.
MR.. POU'S SPEECH.
Mr. Pou began by saying that The
Israelites of old had established six cities
of refuge, where any man who hat
shed the blood of another without
guilt could flee for refuge. At the gates
of each one of these cities the pursuing
avenger must stop Once in one these cities
of refuge, safe from his pursuers VINO
woul' shed his blood whether he be limo
cent or not, he might publish his limo
cence. The feelings of Ernest Hayw )oc
this morning must be very much like thost
of the fleeing man who mas reached ono
of those cities of refuge. After seven
months of pitiless persecution, he at last
find himself in the presence of the congre'
| cation of his people, to proclaim his In
nocence.
| Then Mr.. Pou dwelt upon the high and
unique position occupied by the jury. il
was the only part of the court that was
not voluntary All except the jury gave
voluntary service in court. The attorneys
on both sides served voluntarily. There
was no criticism of the counsel on the
other side. They had zealously stood and
fought ard plead for the blood of the
defendant until the last minute when they
were obliged to confess that there was
not the scintilla of evidence to give any
Justification for the shedding of blood. As
for him he had many years since deter
mined not to prosecute a man for his
life. and with Gods help he never would
From Mt. Sinai it was Numbered forth:
Thou shalt not kill and the first muir
derer, who was tried in higher tribunal
than this, with God as his. Judge, and the
attendant archangels as listeners, was
commanded not to die. but to live. Capt
tai punishment was to him a relic of tho
days of barbarism.
Not only was the jury the most invol
untary arm of our court, but it was the
most ancient. AS far back as we know
anything of our ancestors when they lived
in Germany before they migrated to Eng
land. no man ever lost an arm leg
or his life for sin, except on trial by d
jury. The number twelve had always
represented completeness. Many Biblical
and historical and physical facts were
cited to show how the number II had al
ways been the symbol of completeness
Then followed an earnest dissertation
upon the high duties and privileges of a
juryman. The vote of one is worth as
much as the vote of all twelve. In this
day of free speech, some men took il
upon themselves to criticise the verdictS
of juries. If IT, w-re any such III
Wake county he hoped that their words
would have no weight with these twelve
men.
Then Mr. Pou came to the charge
against the defendant. They had started
out with a charge of murder III the first
degree, and they will probably end by
charging him with carrying concealed
weapon, or not even that. Probably never
in the experience of this jury had they
seen a man prosecuted more unfairly than
Ernest Haywood had been. Had they ever
known before a case where the defendant
! had to prove that the deceased had q
| loaded pistol? Had they ever seen a case
before where the State had not put IL
evidence the clothes of the dead man
| Had they ever known the State to refuse
to put the Coroner of the county on the
stand. or the officer OF the law who ar
rested Mr.. Haywood, or Officer T. p. Sale
and others who had taken charge of the
body? And they had not put any rela-
! tive or friend upon the stand TO explain
why Mr.. Skinner, the day after his moth
or was buried, had carried a loaded plsto
in his pocket, and when he came out Of
the office turned to the right, away from
his office. Had this jury ever known be
fore case in which the State had GOV
cred up and Kept back all possible evi
dence9 Surely the prosecution had rea:
Scripture wrong. and chose the darkness
instead of the light.
Then they had come here and asked foi
verdict of murder IN the first degree
without ever showing a motive. Esther
any evidence whatever that cross wore
had ever passed between Ernest Haywood
and Ludlow Skinner? Here again the!
had preferred to keep the jury IN dark
ness. He hoped that never again woult
be seen a defendant tried as unfairly "a
this one had been. Perhaps never In the
State of North Carolina before had there
been an unfairer trial since the days o
Governor Tryon, of Infamous memory
memory when he erected his court mar
tial and hung patriots on the banks o.
the Aamance 100 years ago.
And not only has this prosecution beci
unfair. but it has been characterized by
dealing in filth and mud-slnglng. 1t u
said that the Chinese used to fight, moi
with weapons, but with stink-pots, and
the side that had the worst sinking pots
won the battle. And the prosecution Il
this case has modelled its fight upon this
old custom of the Chinese Every time 6
witness would say word for Ernest Hay
wood the stink-pots came from the State
But never in history had the Chinese wor
battle, and never was case won by
any such methods as these.
In this connection Mr.. Pou spoke of the
examination of Robert Simms, Schmitz anC
Hocutt. AS to Schmitz. the prosecution
had gone to Baltimore and scooped up {
lot of gutter slime named O'Donnell ant
Wilson and Folger. He was glad tha
the two Pulleys, of Johnston, and Others
had given Hocutt a bad character, fol
those men would not know good maj
if they were to meet one in the road
There was one thing that he really
thought they ought apologize to this court
for, and that was their dragging the ole
Baltimore whore into court. And ther
the last thing they did was to sling mul