The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-27
Especial to The Messenger.)

Especial to The Messenger.)
Raleigh, N c., March 24.-Ernest
Haywood was arraigned today for the
murder OF Ludlow Skinner. The court
house was damned with people. He
appeared bright and shook hands with
several friends. Three of his brothers,
Alfred, Edgar and John sat opposite
him. To Judge Justices question,
Guilty Or not guilty?" he responded,
Il am not guilty." When asked by
whom he desired that he would be
tried. he replied, BY my God and my
country"
James II. Pou, of his counsel, at once
made i motion for continuance. His
speech was entirely based on Hay
woods affidavit. Acting Solicitor Wal
ter E. Daniel, replying to Pou's motion.
decided that every protection was given
by the law to the accused and that
there was no certainty that the wit
nesses outside of North Carolina, to
which Pou had referred, could be
brought here unless they were willing
to come. So far as prejudice is con-
cerned, the prosecution denied this. The
prosecution could not be responsible
for newspaper T-pOrts. Nothing
stronger to show tat the prosecution
is not acting on pre- udice can be sight
gu JltI JldL KEY d. Skinner, the
aged father of TIL ; dead man says, Il
do not desire revcnge-" No effort has
been made in ar way by the prosecu-
ton TO foster - create prejudice in
his case.
r. c.. Strong If the prosecution. took
exception to lat Pou had laid. He
thought that : was necessary for Mr..
POu to ave id that the counsel were
not reSponS . for any prejudice.
MIR Pou i'd he had not intended to
reflect on lie counsel. but he did not
think it n nssary to name them.
Strong piled. Il think it was neces-
sary and AXE exception to what you
said"
Pou rolled, We'll. you can take it
then" Judge Justice said the court
underS God that no reflection on the
COunsr. for the prosecution in the
state -ent was made by the defense.
Tho prosecution called for a reading
of tla affidavit, asking for a COntin-
uar-e- ]. G. L.. Harris, of counsel for
H3=wOOd, read it 1t is q sensational
AFFIDAVIT, giving six reasons why Hay
wood was not ready for trial at this
tenn.
First-That at the time of the homf-
eide. his attorneys were busy and while
they have made great progress in pre-
pairing his defense, it is by no means
complete: that several witnesses live
outside Of North Carolina, some being
in Maryland and Virginia.
SecOnd-Because the solicitor of this
district was disqualified to act. be
cause hi wife is HaywOOd'S relative.
and that up to yesterday, no person had
been app Ointed to speak for the prose-
cution and prosecute on behalf of the
state.
Third-Because the unusual excite
meut caused by the killing and the
newspaper accounts, giving principal
" the evidence and contention of the
prosecution. have temporarily created
Il sentiment. unjust and hostile TO
Haywood. and that it would not be fair
for him to be tried wher public Senti-
ment had been aroused to Il high pitch:
he alleges that directly after the kill
ing. numerous and apparently serious
threats OF lynChinE were made by
friends n Symp3IhiZerS of the prose
CutiOu and that the sheriff arranged
for one or two persons to sleep in the
Jail to give their projections: that the
newspapers published the current re-
port. the first of which We're generally
%unfaVOrdb BILE: that few people saw any
part of the difficulty until they heard
the pistol shot and were slow to be
liSve tina there had been a difficulty.
Tin after the shooting: that n paper
practically charged Haywood with as
Substituting Skinner by shooting him
from behind. Haywood says he shot
Skinner in the side, after he had
knocked Haywood almost down and
was in the act OF drawing his pistol
HAYWOOD further SwearS that his be-
ing Z lawyer was used against him.
that il has been charged that he was
rich. but that he has never been worth
over S2j.O 600: that ii has been further
charged that he would use money and
buy mis- way out of Jail: that il was
alleged that the sheriff showed him
great favOrs and had taken him out in
the country. but he had been treated
only as any other prisoner and con-
fined in an ordinary cell. He says Il
charge has been made that he had re-
tanned lawyers before the difficulty:
that ne believes there has been 4 de-
iberate purpose to arouse indignation
against him. in order that he might
not AVE Il fair trial; that at least one
man has been employed by the pri-
waite prosecutors to V a part of
this county. ~Ostensibly seeking wit
nesses. but really devoting a great deal
OF time to creating public sentiment
, against Haywood: that Robert y.
Simms. a Raleigh lawyer who said he
saw Skinner strike Haywood and that
the latter did not shoot until after he
had been struck. had been denounced
as a liar and a purjurer. who had been
bought TO make the statement: that a
man publicly stated on the streets that
If Simms said in his presence a blow
was struck by Skinner. he would strike
Simms in the mouth; that men in SYM
pathy with the prosecution. threatened
so withdraw their friendship. business
and political support from Simms and
some threatened to leave a Sunday
School. if Simms was allowed to teach
there. Haywood says that Simms'
statement was exactly the truth and
corrobOrated the statement which Hay
wood made in the presence of his at