The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-30
GWALTNEYS EVIDENCE.
Coroner Jordan Puts on Dead Mans Clothes in
Witness Box---2epresentatiVe Simpson
Says Skinner Was Out in The
Street.

Street.
Another dav of the magnificent legal
battle over bail for Ernest Haywood.
The defense yesterday, after bringing
Cout more direct evidence of eye-wit-
nesses, Mr.. Charles B. Hocutt and Ned
Barnes. then tried to show by the Corp-
ner's testimony that Mr.. Skinner's arm
was drawn around when the bullet en-
tered the body; first because the wound
could not be probed, the muscles and skin
covering the hole in the chest cavity,
and second because of bullet holes In the
lapel OF the overcoat, which would fall
over the holes IN coat and vest when the
overcoat is drawn back.
Then by the evidence of others they
endeaYored to prove that Haywood's hat
had fallen from his head by showing that
there was dirt ON it. Further, they intro
duced testimony that he was left-handed
NAN. Finally yesterday afternoon, the
evidence of Mr.. Joel ID. Whitaker, Mr..
Victor Boyden, Deputy Sheriff Separk and
Jailer D. L. Parham was brought out to
establish the fact that Mr.. Haywood had
a bruise upon his right cheek imme-
diately after the shooting.
The prosecution, by the evidence of
Mr.. Gwaltney Mr.. Simpson, Sergeant Pike,
Mr.. w. d. Allen, of Goldsboro; Mr.. Il. o.
Moring and others, endeayored TO show
that Skinner was out In the street, off
the sidewalk, before the first shot was
fired. other points brought out by the
various witnesses for the State were that
there was no time for any controversy or
alteration to have taken place, that Mr..
Skinner made no attempt to draw a re-
volver. that Mr.. Haywoods hat was not
knocked off, and that he was smoking
cigar Immediately after the shooting.
First Mr. Pou called more character
witnesses for Mr. Simms Governor
Charles B. Ayeock, Mr.. Josephus Daniels,
State Superintendent of Public Instruc-
ton ]. Y Joyner. Mayor A. NJ. Powell,
Chief Justice Walter Clark of the Su-
preme Court; Associate Justice II. G..
Connor; Mr. Joseph G. Brown. President
OF the Citizens National Bank of this
city; Mr.. T. W Dobbin, Major ]. b.
Hill, Judge T. Il. Womack, Mr.. r. H.
Bradley, Mr. w. e. Faison.
Governor Aycock was called to the
stand first. He testified to the good char
acter of Mr.. Simms. and also to that OF
Ned Barnes, the colored driver who used
to live in Wilson. The Governor said he
had known Barnes for fifteen years, and
that he bore a good character. Prosecu-
tion did not examine this witness.
Then Judge Womack, Mr.. Dobbin, Mr..
Bradley, Mr.. Brown and Major Hill tes-
tilted To the good character of Mr.. Slmms,
the prosecution not examining any OF
these witnesses.
c. b. HOCUTT'S EVIDENCE.
Mr.. Charles b. Hoeutt, of this city was
next called to the stand, and examined
by Col. Harris. He was the man who
was with Mr.. Schmitz. Mr.. Hocutt was
not i'm the least nervous. He told a
clear. well-connected story, and was rig
idlv cross-examined by Solicitor Daniel
His story. in all the main points, tellled
with that of Mr.. Schmitz. There was
something of mild sensation IN court
lust at the end of Mr.. Hocutt's cross
examination, when he stated positively
that skinner had struck Haywood with
ms left hand, and had then drawn hls
left hand around to his LETT hlp.
Here is the stenoGraphic report OF Mr..
Hocutt's testimony:
My name is Charles 3. Hocutt; reside IN
Raleigh: have lived here for about hiteen
years. Before 1 came to Raleigh / resided
in ohnson county. / am clerk III dfy
goods store. AS to the difficulty wnch
occurred between Mr.. Haywood ana MI.
Skinner, I would state that Mr.. Schmltz,
the gentleman sitting there, and myseh
were coming down Fayetteville street on
the east side of the street. We came down
To about the corner of Martin and Fay
etteville street and there we stopped. ana
made some remark to Mr.. Schmltz III
regards to the postoffice, something about
the building, and I think, if l remember
ms remark, he said that it was nothing
to compare with the postoffice in Baltl-
more, or something similar to that is what
ne SAID, If do noe use his exact words.
He and l then just stepped off the edge
OF the curblng, when | noticed Mr.. Hay
wood and Mr. Skinner standing at the
south steps OF the postoffiee, and | was
Judging from the gestures of the thing.
that they must have been in an argu-
ment and naturally l noticed them and
judging by the GESTURES they made that
they were in an argument, and as Mr.
Schmitz and myself stepped off and had
walked possibly two or three stems from
the pavement, ] saw Mr. Skinner raisf
his hand and strike Mr.. Haywood some
where along on the face, just where