The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-29

20. Just a moment--didn't you say in
your direct examination that he had his
hands as if he was going to strike AGAIN.
"a. No. said his attitude, his action
was as if he was going to go after this
man again"
20. Didn't you raise your hand in show
ing the attitude?"
"a Pardon me- may have done that
20. If you did that, you change it now %
GA + don't change it at ALL | am net
positive whether I said anything about
his throwing his hand behind him, you
say didn't, l didn't suppose"
20. Cannot you remember what you
stated a few moments ago?'
"A. Yes, sir. / am trying to keep my
thoughts collected"
20. DO you mean to say you cannot re-
member whether or not you stated this
man threw his hand behind him?"
"A. Probably did not"
20. Which hand?"
GA 1t was this one Indicating left
hand) / couldn't say definitely, / am giving
the evidence as l saw it in an instant"
20. How far had he stepped back from
the man whose back was towards the
postoffice buildingg'
"a. suppose it might have been-I am
not going to say defnitely-about eight
| feet or so."
mo, sir, / could not see the man whose
back was towards the postoffice building
distinctly. Not very distinctly
"a Was the other one between you?''
"A. Yes. sir.
! % In direct line?"
"A. That is what have been trying to
tell you, yes, Sir
"He was in line where / couldn't see
the revolver. / did not see the revolver.
When l heard the shot couldn't say yho
shot,
20. How quick were the shots?"
"a. Within an instant after"
"a Can you give me some idea, any
think like that Counsel swapping his
fingers in quick succession) 2"
"a You will have to give me chance
to think. didn't know l would be call.
ed to testify in this case, and it is very
reluctantly that ! do it. After he stag
gered towards the gutter and got in the
street, it happened quickly, then the next
shot was fired
%. Then do / understand you to say,
he was in the street off the sidewalk.
when the second shot was ired?"
"A. Yes, sir, that was my impression
20. What was the position of Haywood
when the second shot was fired ?"
al think he was three quarter
q. just arise and show me how he was
facing him when the second shot was
ired?''
"A. (witness rising) think something
like that"
20. Just like you and are?"
"a Almost"
20. With his left side towards him?"
"a. Something like that-it wasn't this
way"
%. am not asking you about that
am asking you if he was three-quarter
and if his left side was towards here?'
Il won't say about the lift side"
%. Wasn't he facing him like you and
are standing?"
"A. Yes, sir. And he was in the street
Off the sidewalk"
%. He had passed the gutter, or was
he in the gutter?'
"A. don't know whether there is a
gutt@ there
20 He was off the curbing?"
"A Yes, SIR"
% After that shot was fired what did
Skinner do7"
"A. think he turned around almost
in circle and fell. He fell about the
car track"
20. Don't you know that from that
gutter to the car track is thirty feet?"
"A. No, sir
q. Have you noticed the distance be-
tween the gutter and the car track?"
"A. Yes. sir
%. Don't you know that it is at least
thirty feet?"
"A. No, sir. / don't"
"a. Do l understand from your test-
monY-
"A. Qnterrupting counseD He didn't
drop at the gutter after he got off the
curb he took over as he turned this circle
that carried him over little further
then he fell over"
q. Then he made this circle right there
and fell over on the track?"
A. No. sir, you cannot make me say
that"
%. am not trying to do that?"
"a. I am perfectly willing to tell you
all l know about it. This happened so
quickly to me. / was standing there, and
to think all over everything that took
place, l am trying to give it to you the |
best way / can
Il do not mean to insnuate that the
man fell in the gutter and then fell over
from the gutter to the street car track
that is a matter of impossibility."
After the second shot was fired, if 1 /
can remember, he turned, and as he /
turned that brought him towards that
curbing and the track that nearest to the
curbing, and couldn't say how it was
any further than that, it was too ex
citing"
"a Do you know as a matter of fact
that he did fall in the street car track?"
No, but he fell right where the track
was, with his head towards the curbng. "
%. His head towards the post Office"
"A. Yes, SIR
q. Don't you know the fact that his
head was resting upon one of the rails
Of the street car traek?"
A. No, sir, / don't know people got
there so quickly, / couldn't say"
Q. DO you say, now your attention has
been called to it again, that the distance
between the curbing and the street car
track, is as much as thirty feet?"
"a don't know it is thirty feet,
know he got to the first rail, next to the
postoffice.'
30 T. - - a fact that at tba t;p,o of