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

matter. before the coroner and before the
magistrate?s
A. Yes. SIR"
q. ask you If on either o. these ex-
amlnatlons you referred To this matter"
next morning in Jail he noticed bruiSe
about his right temple or cheek bone.
and under the right eye was dark as If
with cogulated blood. He had heard moth
ing about any fight and asked Haywood
about the mark. He started TO tell what
Haywood had said. but was stopped by
objection OF counsel Tor prosecution.
DEFENSE RESTS.
Here the defense rested for the present
and after a short lega. between
Senator Don Gillian and Col. Argo "a
TO the law on the subject OF the burden
OF proof IN a habeas corpus after an in
dlctment for a capital orense, the hearing
OF evidence went on.
"A. No. sir
Redirect Examination: %. Were you
cross examined about the NATTER"
a. No, sir. TOLD all that l thought
was necessary. They wanted to find out
who did the killing and I told all that /
thought was necessary to be told"
Jaller O.. l.. Parham testified that the
With the consent of the other side Col.
Argo then examined Rev. w. G. Clements,
Superintendent OF County Schools of Wake
County, as to the good character of A. J.
Rogers, a colored man who has a position
IN Collector Duncan's office in the Fed
eral building.
Then Senator Gillian began calling the
witnesses for the prosecution.
MP. GWALTNEY'S EVIDENCE.
Mr. wv L CJ{n1,- 49, l,-sk 49,.
first examined by Mr.. Gillian. He was
looking through the north window Of hi,
store, up Fayetteville street past the court
house. Now came the other side of the
story. Witness saw a gentleman leave
the sidewalk somewhere between the cen
trail and southern steps of the postoffce
and Immediately thereafter noticed a hant
come forth from near the postoffice build
ing, pointing outward with a light object
IN 1t. He saw a flash as of a pistol from
ten hand. The body was hidden by thu
building. The man who left the side.
walk was walking as if he was drunk
He had taken a fey steps when the frs
shot was fired. He seemed to be goine
diagonally southeast. Apparently the Sc.
cOnd shot was not fired until after he hat
reached the east car track. Haywood wa.
AohiiS Il ClSdL II uldo uS udU on "noI
witness cot out in street and saw him
Mr.. Holding cross-eXamined Mr.. Gwalt
ney very searchingly, showing a photo
graph of the postofice building and cour
house and end of the Pullen building
showing Gwaltney's window. hi pictur
was taken. from somewhere in front o
the postoffice. The object of this photo
graph was an attempt to show that Their
i was no rood limo Of vic;o, fco-, ~ H..
store window.
At one time during the cross-exami
nation, things got pretty warm between
Mr.. Gwaltney and Mr.. Holding, and a
!, most the lie was passed
Mr.. Gwaltncy's evidence, as taken b,
the sworn stenographer, was as follows:
My residence IS sos South SaIisbur,
street, Raleigh, N. c., and my business /
Ia druggist; my place of business is il
the Pullen building, right in sight Q
the court house right opposite from tn
Marlborough House, I occpy the mort
end. On the occasion of the killing, l wa
standing at my north window at the cas-
: SIDE OF the north window with my fac
' on the ice box, looking up Fayetteville
:. street. 1t is a very large WINDOW an,
NY fountain was situated next to tina
- 49, = o'tNI, was liz Will
his back against the fountain lookin
towards me, and I was looking up tn
: street, l could see as far up the stree
; as the telegraph post which has Mr.. A
T lens shoe sign on it, at the north COZ
ner of the postoffice, and 1 could Sc
| TINS telegraph post at the northeast col
mel OF the postOtfice. | was looking u
: the street, looking out of the window
; and saw a gentleman step off the curt
ing, and l didn't know who the gentle
. man was at the time. He was, [ shout
7 judge between the central and souther1
entrance of the postofice, after he ha
taken possibly three steps. I don't know
/ bow many, he stepped off the cubstone
! then l saw a hand come down so Gndi
catlng) the hand had a pistol in it,
y did not know it at the time, but a
' soon as he fred 1 knew then it was
pistol. l couldn't see who the person
0 was that had the pistol, he was to
5 far back on the sidewalk I only saw thi
much of the hand (indicating) and tn
$ pistol was pointing this way (indicating)
and the man who had stepped off tn
e sidewalk was walking in rather a fas
u walk and he appeared to me like a ma
y who was a little tipsy or drunk, he Nigh
; have Had a catch IN his gait or some
; thing, and as he passed on the first sho
I was fired. He continued on until he go
about the rail, the east rail apparently t
me and then the second shot was fired, b
s thej gentleman who fired the first shot.
: cOuldjt tell he had a pistol until
y saw the flash. The person who held tn
e pistol did not move in view. After thi
man, as l said, passed the car track an
the second shot was fired. he threw hi
4 hand here (indicating) as near as I coul
f Judge, and walked a step or two pas
! the car track and commenced to stumbi
and turned with his hands up SO an
turned this way facing south and the
: back west again and took several shor
steps and fell. and as he was falling | "a
out of the north door, and I then had
full view of the sidewalk and l locke
up the street to see who was shooting.
= ran fifteen or twenty steps as quick a
lie I came out of the door, and there wa
: nobody there except Mr.. Haywood an
Is Mr.. Separk. l went to Mr.. Skinner and h
y raised his head so and dropped it dow
k and as he did so Mr.. Haywood stuck h
ID pistol in his pocket so. I noticed Mr.. Ha!
le wood was smoking a cigar, and I notice