The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-14
Speeches by Counsel for De-
Tense and Prosecution
in Famous Case.

lawyers We regret that we were unabl
to obtain from them the speeches o
either Capt. w. H. Day for the defense
or of Solicitor Walter E. Daniel for tn
pIoseeution.-E ditor.l
Mr.. POU'S SPEECH.
If your Honors please when this hearin
begun the finding of the grand jury raises
a presumption which the defendant wa
compelled to meet because that finding o
the grand jury embraces a count charging
capital felony. Under that indictmen
there might have been three differen
grades of crime and there might be a yer
dict that there had been no crime Th'
prisoner had to overcome the presumption
that there was charge pending agalnS
him of capital felony. We have introduced
evidence and the State has introduced cyl
dence in reply and upon the introduction
of that evidence the presumption has pass
ed away, or perhaps more accurately mas
been offset by the presumption OF lhno o,
cence. After evidence Is introduced Dill
of Indictment ceases to raise a presump-
ton and on the contrary the presumption
of innocence which the law throws around
every citizen takes its place. So upon
this hearing before your Honors the de-
PENDANT stands charged with crime. he
is surrounded by the presumption OF IN
nocence and the evidence is before the
court and the question to be evolved from
that evidence is whether this case is one
which admits of bail.
What is a bailable case If your Honors
please? Every case is bailable as mat.
ter of right, unless the charge is a capital
felony. and every case Is bailable where
the charge is a capital felony unless 1t IS
clear and evident from the proofs, or the
presumption is great that the defendant Is
guilty of a capital felony. Under the
State vs. Herndon there can be no dis
pute as to that being the law. Every
charge of the State Is bailable except u
capital charge per Sc. Every case Is bail
able unless it appears strongly from the
evidence, or the presumption Is great that
the defendant is guilty of the capital
felony.
Now, we have heard evidence since last
Thursday We have put on but a motty
of our evidence. Not the half of it. and
yet we feel confident if your Honors please,
that we are not only entitled to bail but
that we have gone well nigh toward
achieving an acquittal. But returning to
the question before this court which Is
one of bail. The prisoner IS entitled to
bail as a matter of course unless tins
evidence show clearly and strongly that be
is guilty of a capital felony. A capital
felony can only be under the circum-
stances of this case, if the act was muir
der and was committed deliberately and
with reconciliation. / say surrounding
this case because the words used IN tho
statute poison, lying in wait, etc" have
no applications. So these are conditions
that can have no application in this case.
Murder in the first degree exists only when
a homicide is committed with premedita-
ton and in addition has all the other Gle
ments of murder. Deliberation and pre-
meditation are both negatiyed by the evl-
dence The burden is upon the prosecu-
ton; they have assumed the burden by
endeayoring to make out case. They
felt called upon to put on evidence They
put it on. And yet where IS there
fcintilla OF evidence that he did the shoot
ing with generalization or dehberatonE Oh
all the hundreds of witnesses put upon
the stand only one testified as to anything
about deliberation, and that IS the negro
from Apex; and his testimony IS so pre-
posterous that l will not take up your
time arguing it. Suffice 1T to say that II
he has told the truth nobody else in this
Mr.. Glenn are greatly mistaken when
they say just few moments elapsed from
the time Mr.. Haywood left the court
house till the shot was fired. Now take II
most strongly against the defendant.
Where IS ANYTHING to prove elaboration
and reconciliation Take Mr.. Simpson; nc
IS the piece de resistance of the State; ne
is their bright shining star with Mt
Gwaltney Upon his testimony they tound
their case. What is this testimony? IL
varies according to the day of the week
and according to whatever presence he
may be in. At the boarding house 1T was
one thing: at the clerks office 1t was
another thing, and upon the witness stand
# was still another thing. And upon the
train coming from Ridgeway talking with
Dr Whitaker it was still another thing.
, Ruf where is the evidence IN this test
monv. taking il at the very utmost against
as that indicates dehberatiOn or premedl-
tationq | think on the contrary that his
evidence IS not at all inconsistent with
our theory. / shall not indulge IN any
words of vituperation; | dislike the spec
tacle of any man having such Things
proved against him as Mr.. Simpson mas.
If * sad thing that such men sometimes
break into the Legislature. What Is the
whole bulk of the testimony? IL MI
Gwatney saw what he says he saw ne
must have seen through the projection
of tire Wake county court house-rlght
through the brick wall. and then after
seeing through the wall he saw something
which did not exist. He says he looked
through Mr. Haywood, with the pis-
tol IN his hand and saw Mr.. Haywood pull
flng cigar. He looked through TINS
building where it is impossible for man S
eyes to look and then saw something winch
did not exist. To account for Mr.. Gwalt-
neys statement we would have to believe
that ms eyes are equipped with Reont-
gen rays and he was indulging in a pipe
dream Anything else would make me say
something about that man which would
sound harsh. We have his statement,
made the next day, and the next day, and
be said ne saw nothing. but Mr.. skinner
falling. Now he says he saw more and
said he saw things which he then said he
had not seen. We have GwaItney swear
ing that he saw what did not exist. and
seeing it where he could not have seen
il, had it existed, and we have him now
denying his statement to Jones and Hin