The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-09
September 21st and from day to day there
SOUTHERN PINES MEN.

after.
SOUTHERN PINES MEN.
c. E. Peck, of Southern Pines, was next
called Examined by Mr. Woodland, Mr.
Peck said he met Mr.. Schmitz in South
ern Pines. He saw him three days after
the shooting in the depot at Southern
Pines. He came in the express depart
ment of the depot, and said he had seen
the homicide. He said it had been three
days and his nerves were still unstrung.
1t was the most horrible thing he ever saw.
He said he was standing within six feet
of the affair What else did he say? Here
it was objected that he was going to re-
peat an opinion and the judge retired the
jury again. The witness said Mr.. SchmtZ
said the man shot him in the back, that
it was cold blooded murder, that no HEX
was passed, and there was no struggle. al
though he was within six feet of the af-
fair
The Judge ruled out the expression of
Mr.. Schmitzs opinion that it was cold
blooded murder and then sent Cor the
jury, and they filed back to their seats
No cross-examination.
E. D. Oslin, Editor Southern Pines
Free Press, was next examined by Mr..
Woodard He knew Mr.. Schmitz Had
seen him on Monday or Tuesday after
the homicide. Mr. Schmitz passed wit
ness office on his way from the depot to
his boarding house. Witness stopped him
and asked for the news. He said he could
tell him all about the shooting and said
he had never seen a more terrible deed
caId hn -, H.
ing the other. He himself was within a
few feet of the affair, that there was no
difficulty between the two men.
Cross eXamined by Col. Harris, witness
said Mr. Schmitz had told him these
things before the habeas corpus hearing
After that witness had testified to the
good character of Mr. Schmitz.
Capt. A. M. Clark of Southern Pines,
was next called and examined by Mr..
Woodland He saw Mr. Schmitz on Mon
day or Tuesday following the homicide at
the postoffice at Southern Pines He
said he had seen it, and there was no
alteration, no quarrel, no fight, no blow
struck, and that the man was shot going
away from Mr.. Haywood Did not say
how far he was from the scene. Did not
Mr. Simms' statement
Cross-examined by Col. Harris, Capt.
Clark said he had formed very good
opinion of Mr.. Schmitz.
MORE OF MIR. SCHMITZ.
NJ. T. Thurston, of Baltimore, officer
of Bay Line Steamer Alabama, was next
examined by Mr.. Woodland Had some
acquaintance with Mr.. Schmitz, met him
as passenger going to Southern Pines.
On his return, about 3rd of April, was in
forward part of saloon and Mr.. Schmitz
was on the forward deck, talking to him
through the open window. He said he
had seen the shooting, and that Mr.. Skin
ner was walking diagonally across the
street, with his back toward Mr.. Hay
wood, when he was shot. Mr. Schmitz
said that was one reason he was return
ing so soon, as Mr.. Haywood was a
brother lawyer, and he did not want to
appear against him. Mr.. Thurston started
to say that Mr. Schmitz had said his tes-
timony would convict Mr. Haywood, but
was stopped, and this was ruled out.
On May &c Mr.. Schmitz went on board
the boat again at Baltimore, and said he
was going to Raleigh to testify in the
Haywood case, Witness expressed sur
prise, saying he thought he had said be-
fore that his testimony would convict Mr..
Haywood This last was ruled out as an
expression of opinion. In answer to wit
ness Mr.. Schmitz had said yes, he knew
he had made that statement, but since
then Mr.. Haywood's attorneys had been
to Baltimore and shown him diagrams OF
| - ,, m cd h
that Mr.. Skinner could not have beer
shot going away from Mr.. Haywood.
j C. Thompson, of Henderson, was ex-
amined by Mr.. Norris. He knew Chas.
3. Hocutt Was in his store in Hender-
son shortly after the homicide. l. j.
Young was present. Hocutt sad he saw
the whole thing, but he did not tell how
it occurred. Again the jury had to be
taken out.
Witness had asked Hocutt what the
general opinion was in Raleigh Hocutt
said it was d-n strong against Haywood
that if he was not hung, the people would
tear down the court house and the Jail,
and that everybody knew Simms was
swearing to id lie. But he knew a
young lawyer in Baltimore that would
made d-n good witness for the Skin
ners, if they would put UP money enough.
That he (HocutD saw the whole thing,
and Skinner was forty feet or thereabout
from Haywood at the time of the shoot
ing. Only this last part was allowed by
the Judge and the part about the lawyer
in Baltimore and the jury was brought
back Hocutt had said that he saw it all,
and there was no fight.
No cross-examination.
l. J. Young, of Henderson, said he had
met Mr. Hocutt He saw him IN Mr..
Thompson's store and heard a converse
ton between Mr.. Hocutt and Mr.. Thomp-
son. Mr.. Hocutt Mad said there was no
fight, that Mr.. Skinner was some thirty
or forty feet when the shot was fired.
That he had friend in Baltimore. a
young lawyer that would make a d-n
good witness provided the SINNERS would
put up enough money to bring him here.
No cross-examination
MORE OF MR. HOCUTT.
o. G. King, of Raleigh, druggist, knew
Chas. B. Hocutt. He had come into his
store several weeks before the habeas cor
pus hearing, and witness had asked Mr..