The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25
MR.. r. c. STRONG SPEAKS :


Mr.. Pou he had made some Aarks re
garding the reports circulated, which
were injurious to his client and in this
connection it understood by Mr. Strone
that it was intended to connect the prose
cution with this circulation, and as the
prosecution was represented by counse
to include them.
After Mr. Daniels had finished his argu-
ment in reply to Mr.. Pou, Mr.. Strong
addressed himself to this view of tho
case, said: May ii please your Honor
/ do not wish to address the court upon
its discretion as to a continuance oil
this case, but desire to say in reply TO
Mr.. Pous statement that the prosecution
has endeavored to spread reports IN
furious to Mr.. Haywood, that it is untrue,
so far as it relates to me. | Will say
further that, to my knowledge, no sucn
reports have been encouraged or started
by my associate counsel.
At this point Mr.. Pou said that it was
not the intention of the defense
to impute to Mr.. Strong or his
associate counsel any such acts or in
tention. Mr.. Strong said to Mr.. Pou'
that he, Mr. Pou, had made his state
DenI uninterrupted, anu lHdl Nv must "
permitted to make his statement.
MIR Pou said to Mr.. Strong that If he
wished to take exception to what he
said he could do so.
Mr.. Strong said that he did take ex-
captions to what MIR. Pou said, and that
he proposed, if it pleased the court. to
continue his remarks. Proceeding, MI.
Strong said, that it was true as stated
by Mr.. Daniel, that he had had in charge
the evidence of the prosecution Iii
this case, and especially so when his
associate counsel were engaged in their
Legislative duties; and that he was IN
a position to say, that, so far from en-
deavcring to close the mouths of the wit
nesses of the prosecution, he had per-
mitted Mr. Harris, in Mr.. ALI. Haywood S
presence, to take a copy of the testimony
of MIR. Simpson, member of the Legis-
lature. upon Mr. Simpsons order that
Mr. Haywood be permitted to see the
written statement, and had also permit
ted Mr.. Harris to take a copy of the
statement of Mr. Tom Woods upon Mr.
Haywood's request, and without hesita-
ton. Both of these witnesses are con-
sidered important. Some week or so ago
lie Udu lcNtiNEu ny bSANPliOhO q iNiNSN~
from Mrs. Smith, Mrs. Billings and Miss
that he should advise them
whether or not they should make
statement to the lawyers for the defense.
He told them to make a statement to the
lawyers of what they saw, as the prose
cution wished to act in all fairness ana
had nothing to conceal in such instances.
Within the last week he had received az
order from Mr.. Tompkins for Mr.. Hold
ing to see the statement that Mr.. Temp
kins had made, and that he permitted
Mr.. Holding to make copy of it, Dur
ing the afternoon of the same day Nj.
Gwaltney telephoned to know if he
should make a statement to Mr.. Holding,
and that he told Mr. Gwaltney to tell
Mr.. Holding the facts as he saw them.
Mr. Strong said that he had been sew
eral times approached by people not
parties to the suit, who would begin tc
talk to him about Mr. Simms and mat
ters of evidence connected with the case,
and that he had always been careful and
guarded in what he said, desiring not
TO express his own opinion. That he did
not think that any one connected with
the prosecution had done or said anything
and. TO his own knowledge, nothing OF
the kind had ever been done.
AN EXPLANATION.
AS Mr. Strong closed Mr. Pou arose
and said that Mr.. Strong had not been
thought of in the matter and there was
no reflection upon the counsel intended.
Judge Justice said that the court did nct
n nd cnoh had hoen Mt
Then Mr.. Pou said that an affidavit had
been prepared setting forth the grounds
on which a continuance was asked lie
read from it paragraph in which it was
stated that the lawyers in the case for
the prosecution were not charged with
any improper conduct Senator Gillian
said that he would like to have the af.
fidatit read, and this was done so b.
Col. ]. c. L. Harris. of the defendants
1t is published in full in other
columns of this paper.
SENATOR GILLIAN FOR TRIAL
AS the reading of the affidavit of Mr.
Ernest Haywood closed Hon. Donnell
Gillian. of counsel for the prosecution
would not have asked the reading of the
AihueANiI II hS hdd huONh II Wa II IL
production of the speech of Mr.. Pou, as
all he desired to learn was the legal
reasons set forth asking for a continu-
ance.
Continuing Senator Gillian said it was
with much surprise that the prosecution
learned at this late hour. on the eve of
the expected trial, that the defence would
ask for continuance. The prosecution
and the general public had been led TO
believe that a trial would be had AT
this term of the court.
The utterances of the press. which
presumably were authorized by counsel
for the defence. Indicated that the dc
fence was ready and would press for a
trial at this term.
He was at a less to understand why
the attitude of the defence should have
so suddenly changed after the prosecu-
ton had announced its readiness to pro
coed with the trial.
He appreciated the difficulties which
surrounded both sides of this case, arts
ing from the limited time given for the
preparation of the case and the con-
iicting engagements of counsel.
Surely it could not be pretended that
the five counsel for the prosecution,
three of whom were non residents. en-
joyed any advantage in this particular