The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-06
TWO JURORS TAKEN SICK
But They Recovered Quickly---Messrs.
simms and Briggs Get Off Light, but
Mr. Schmitz Subjected to Terrible
ross-Fxamination.

Mr. Schmitz Subjected to Terrible
ross-Fxamination.
The defense began its innings yesterday
IN the Haywood trial, and put Robert n.
Simms, Willis G. Briggs and Bernard A.
well as large number OF character wit
nesses. Mr. Schmitz's character wit
nesses were not present i'll person, as they
live in Baltimore, and so deposltions ta-
ken by counsel In Baltimore were read
in court in lieu of their appearance. There
were twenty-one of these depositions from
the Governor OF Maryland, an ex-Gover-
nor, several Congressman, State and city
officials and Catholic college professors.
The reading of these depositions by Col.
Harris consumed we'll over an nour of
the time yesterday afternoon.
Messrs. SlmmS and Briggs told sub
stantially the same stories that they told
before the Judges last May, and were
both let off rather easy on the cross-ex-
animation. Mr.. Schmitzs story more
connected and clearer than his evidence
at the habeas corpus hearing, and there
was one detail that was not IN it at that
time, namely that he saw Mr.. Skinner
holding the lapel of Mr.. Haywood's coat
just before he saw the blow he says
Mr.. Skinner struck.
Col Woodard for the prosecution sub
jected Mr.. Schmitz to a long and severe
cross-examination, attacking his credi-
bility as witness, attempting to show
that he had given different accounts of
the tragedy to other persons, and attack
ing his personal character as to truth
and morality. Mr.. Schmitz was on the
stand over two hours. 1t must have
been very trying ordeal for any man
to pass through.
During the dinner recess, from a quar-
ter to one until quarter to three O'Clock,
two of the jurors, Kemp Rhodes, No. Z,
and C. D. Davis, No. II, were seized with
a severe attack of indig stion, which made
it impossible to open court at the time
appointed Accordingly Judge PEBBLES
heightened the recess until half past
three. by which time the two jurors were
sufficiently recovered to go on with the
case.
TESTIMONY FOR DEFENSE.
R. NJ Simms was called to the stand
first and exa mined by Mr.. Pou. Mr..
Simms said r. was lawyer 81 years o!d,
and had resided ten years in Raleigh.
He saw the tragedy. 1t was little after
four O'Clock in the afternoon. Witness
had just left his office to go to mail
letter AS he approached the central
steps, little to the east of them he met
Willis Briggs coming out of the postoffice.
who spoke to him about letter. While |
talking to Mr. Briggs he saw two men
apparently struggling together. Then he |
saw the outer man strike the man next |
to the postoffice. They were a little to
the north of the southern entrance. After |
the blow, the outer man jumped back to /
the northward and went off, He had |
reached the outer edge of the tagging, |
next to the grass plot on the sidewalk, |
when the first shot was fired. 1t seemed |
to him that Skinner, for he was the outer |
man, paused an instant, and then went
on, when the second shot was fired. Wit
ness noticed a vehicle on the street in |
front of the postoffice.
Mr. Simms said he first mentioned what
he had seen about one o'clock the next |
day, Sunday, to Mr.. T. B. Moseley, his
brother-in-law. He read the papers about |
that time, having got up late that morn |
ing He noticed that the evidence before
the coroner was incomplete. and he told |
have to tell what he knew about the |
matter. Later he told Rev. T. e. Skin
ner. father of the deceased. what he had |
seen He told Mr.. Briggs that he hoped
they would not be called as witnesses.
Cross-examined by Mr.. Daniel, Mr.. |
Simms said he could not tell whether the
hands he saw apparently pushing against
each other belonged to one or both of the
men. When Mr. Skinner sprang off to
the north, he was partly facing witness,
with his side to Mr. Haywood. He could |
not tell whether Skinner turned at this
time or not. But he thinks he stepped /
off the curb with his back toward Hay
wood. Then witness lost sight of him
until he saw him again, after the second
shot was fired Skinner was then near
the car track, with his back still toward !
haywood He was about ten feet from
the track, hurrying along in hurried
walk, attempted to steady himself, 1T
seemed, and staggered across the track
and feil. He did not see deceased with a
pistol and saw no movement of his hands.
either when he left Haywood or when he
hesltated as he stepped off the curb. He
never saw the deceased make any move
ment toward drawing a weapon He did
not think deceased paused before the first
shot He would judge that deceased was
about fifteen feet from the curb when he
saw him second time Could not tell
just where defendant was When he saw