The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-02


hands as if he was going to strike again?"
A. No, l said his attitude, his action
was as If he was going TO go after this
man again
@. Didn't you raise your hand in show
ing the attitude?"
"a Pardon ne. may have done that"
O. II you did that. you change it now?"
"A. don't change it at all l am not
positive whether I said anything about
his throwing his hand behind him, you
say l didn't, l didn't l suppose"
@. Cannot you remember what you
stated a few moments ago."
a. Yes, sir. l 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?"
\. Probably l did not"
q. Which hand?"
"A. 1t was this one Indicating left
hand) / couldn't say definitely, am giving
the evidence as l saw it in an instant"
q. How far had he stepped back from
The man whose back was towards the
postoffice building?"
"A. I suppose might have been-I am
not going to say delinitely-about eight
feet or So
No. sir, l could not see the man whose
back was towards the postoffce building
distinctly. Not very distinctly
%. Was the other one between you?'
"A. Yes sir"
q. In direct lne?"
"a. That is what l have been trying to
tell you, yes. SIR
He was in line where I couldn't see
the revolver. I did not see the revolver
When I heard the shot 1 couldn't say who
shot
@. How quick were the shots?"
"A. Within an instant AFTER
%. Can you give me some idea, any
think like that Counsel swapping his
fingers in quick succession)?"
"a You will have to give me chance
TO think. + didn't know 1 would be call.
ed to testify in this case, and it is very
reluctantly that l do it. After he stag
gered towards the gutter and got in the
street, it happened quickly, then the next
shot was fred
O. Then do I understand you to say,
lie was in the Street, off the sidewalk,
when the second shot was fired?"
"a Yes, sir, that was my impression
g. What was the position of Haywood
when the second shot was fired ?"
"a. think he was three quarter
facing
@. Just arise and show me how he was
facing him when the second shot was
fired ?"
"A (Witness rising) 1 think something
like that"
%. Just like you and I are?"
"a Almost
90 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,
ard if his left side was towards here?''
Z won't say about the left side
90. 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. l don't know whether there is a
gutter there.
90 He was off the curbing?"
"a Yes, SIR"
Skinner dor
"A think he turned around almost
in a circle and fell. He fell about the
car track.
% Don't you know that from that
gutter TO the car track is thirty feet?''
e. No, SIR.
60 Have you noticed the distance be
tween the gutter and the car track?'
GA. Yes. slI.
%. Dent you know that it is at least
thirty feet?"
"a No, sir. I DON'T
%. Do | understand from your testi-
mony-
"a Gnterruptng 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 a 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
20. I am not trying to do that?"
ga. | an perfectly willing to tell you
all I know about it. This happened so
quickly to me. I was standing there, a!ld
to think all over everything that took
place l am trying to give it to you the
best way l 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 impossbility
after the second shot was fired, il
can remember, he turned and as he
turned that brought him towards that
curbing and the track that nearest to
the curbing, and I couldn't say how it was
any further than that, it was too ex-
citing"
60 Do you know as a matter of fact
that he did fall in the street car track?''
mo. but he fell right where the tract;
was, with his head towards the curbing.
GO. His head towards the post onice?'
"a Yes, sir
GO. Don't you know the fact that his
head was resting upon one of the rails
Of the street car track?"
"a No sir, I don't know, people got
there so quickly, I couldn't say
%. 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. I don't know it is thirty feet,
know he got to the first rail, next to the
post Office
% Is it not fact that at the time OF
the second firing, or at the time Of the
firing of the second shot. that he was at
least half way between the curbing and
the west side of the street car track?''