The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-13
DOUGLAS AND WALKER SIT
Haywood, Charged With The Murder Of Ludlow
Skinner, Swaars He is Not Guilty OF Any
Offence Known TO the Law or Pun
ishabIs by Il, and That He is
Innocent of Crime and
Criminal Intent.

Criminal Intent.
A new turn was given yesterday to the
case of Ernest Haywood. now in prison
charged with the murder of J. Ludlow
Skinner.
A petition for a writ of habeas corpus
was signed and sworn to by Haywood and
it was presented to Judge Robert NJ. Doug
las, one of the Associate Justices of the
Supreme Court.
1t was in the form required by law and
it was at once granted, it being compul
sorry that this should be given when asked
for. Judge Douglas named Thursday af
ternoon, May 21st., at $3.50 when the writ
should be retGrnable before him at the Su-
preme Court.
The petition was presented yesterday
morning by Col Thomas NJ. Argo, of Mr.
Haywood's counsel to Judge Douglas, the
purpose of the petition being to have q
hearing and seek release on bail, pending
nj strial, which is set for the term of the
criminal court in July.
Having issued the writ Judge Douglas
in conformity with the law ordered that
the Clerk of the Superior Court of Wake
county should issue such subpoenas and
process as might be requested by the pros
eeution or the defense, so that these might
be heard at the time of the hearing. The
writ was served on Sheriff Page and a
copy of it was forwarded to Hon. Walter
E. Daniel, of Weldon. the acting solicitor
in the case.
Judge Douglas states that he will not
hear the case alone, but will ask one other
of the Justices to sit with him in the hear
ing. He has requested Associate Justice
Platt D. Walker to act with him and the
case viii be heard by them Thursday after
noon of next week.
Since the term of court at which the
trial Of Haywood was postponed on account
of the absence of witnesses claimed as ma
terial witnesses by the defense. Many
parties who were known would be called
in the case have been in Raleigh, and the
attorneys for the defense has been earnest
ly at work seeking witnesses for their
client. The attorneys now express them
selves as perfectly satisfied with their case
and say that they have no doubt but that
Mr.. Haywood will be admitted to bail
In his petion Mr.. Haywood states thai
50 far from being guilty of murder
as charged in the Indictment
against him, that he is not guilty of any
offence known to the laws of his State
and country, nor of any act punishable
by law, and that he is innocent, both OF
crime and criminal intent. For this req
son he states that the writ is sought that
he may be bailed or delivered, as justice
demands.
There have been in the minds Of the
people three questions since the killing
of Ludlow Skinner. "Is Haywood guilty
of murder; Is he guilty of manslaughter
or was the killing done in self-defense as
Haywood alleges?" 1t is upon these ques
tions that the justices will pass at the
hearing Thursday week, and it means
that there will be trial full of the deep
est import II Haywood is allowed bail
il will be the voices of the Judge which
vii saw that he is not guilty of murder
for under the law of North Carolina muir
der is not bailable. 1t is in the province
of the Judges to pass upon both the law
and the facts in the case and il in their
opinion the charge of murder is not sus-
tanned. then bail will be allowed Mr..
Haywood in such sum as the justices may
determine.
None OF the counsel for the prosecution
were in the city yesterday morning when
the application for the writ was granted
Senator H. e. Norris was six miles from
Angler in the county. while Mr.. Robert
G. Strong was at Fayetteville. All the
other attorneys for the prosecution live
IN other places.
Mr.. Strong returned to the city in the
afternoon and was interviewed concern
ing the course of the prosecution in the
matter. The application for bail VIII
oe resisted, he said, "and witnesses will
DC summoned by the prosecution to be
present at the hearing. AS to exactly
MnaI VIII be done I cannot say but there
VIII De Immediately a conference of the
prosecuting attorneys held here" Mr..
strong IN his interview also indicated
that he might at once, have issued sub
poenas IN order to secure the attendance
OF the witnesses desired.
telegram was sent to Acting Solicit
tor Walter E. Daniel at Weldon asking
him what would be the course os the
prosecution in regard to the writ az
habeas corpus To this he ren,iod 0I
cannot reply to your enquiry
The writ of habeas corpuh asked For
means the production Of one imnrisored
where final judgment has not been given