The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-29
Leads an North Carolina Dailes i'm News and Creuatol

oil with the gentleman who was with me
to go towards the street car track to
see who it was, and to find out some pal
tlculars about the matter. We heard
someone say that the man was killed ana
1t sort of uEnerved me anyway and /
turned away and didn't go, but | went on
and went towards the drug store. We
went IN that direction and while we were
standing there they carried the gentle
man over towards the drug store. / didn't
stay any longer to see what it was or
what was the cause as the sight of the
accident or tragedy sort of unneryed me
and / didn't want to see any more of it,
and l got away as quickly as 1 could.
don't recall any more now.
II couldn't swear which shot struck
him, but at the first shot, this man, MIR.
Skinner, / presume it was, l found out
afterwards who it was, was directly in
front of Mr.. Haywood and couldn't see
exactly.
Il say that he staggered back, and he
evidently had been shot when l heard
the second shot.
20. You say that day was your first
day in Raleigh"
"a ANOs 4 ~oIllS I1tC Qdy DCIOIG.
II had been at Southern Pines before
came here. / had staid there about
three months l was suffering with lung
trouble, and was there for my health.
had an acquaintance in the city of Raj
eigh by the name of Mr.. J. Owen Rogers,
and came down here to see him. That
is the reason was in Raleigh that day.
We have known the family of Mr.. Rogers
for number of years, my wife is friend
of Miss Rogers, Miss Annie Rogers. She
went to school in Baltimore and she visi-
ted our house and we visited her.
Il first met Mr.. Hocutt, with whom /
was that day, down at Southern Pines.
at the cottage where l was stopping. l
suppose the first part of February or the
last of January probably, before that"
Acting Solicitor Daniel then took up the
cross-examination of Mr.. Schmitz, who
said in reply to the first question:
Il arrived in the city of Raleigh on
Friday afternoon, / think it was. and was
taking a walk on that Saturday after
noon, down Fayetteville street, we were
on this side of the street, we stood on
this side of the street, not on the side
the court house Us on, but on the west
side, was on the other side of Fayette-
vile street, l stopped about the corner
of this bank building. The bank build
ing is over on that corner Indicating the
Citizens Bank.
There was no obstruction between me
and what occurred"
20. Do you know the distance?'
"A. ! suppose tnat isl never thought
of it before, but would imagine the
street Is about IS feet. / was diagonally
across the street.
%. What would you say was the dis
tancc from where you were to where Skin
ner and Haywood, it is alleged had this
difficulty?"
"A. Now, / never measured the dis
tance, but / was on that corner"
q. l know you can give me some esti-
mater"
"A. Well, as they were on the last steps
of the postoffice-I am not a very good
judge of distances. Suppose we say 10
feet, would that be right?"
%. don't know, / want you to tell
me-"
"A. didn't measure it, and of course
l couldn't say
%. Would you say about 100 feet?"
a. Possibly l might be wrong"
20. Will you say what distance?"
"A. No sir, / won't say.
20. What attracted your attention."
"A. My attention had been called to the
postoftice building. in the comparison made
between that and the one where came
from. We had not passed the postoffice
building, that is down below; we were
coming down from the capital After
had commented on the building, then /
saw these men talking"
"a When you saw them talking, how
near to each other were they?'
"a / don't suppose-let me see, the en-
tire time of the conversation, didn't
notice, the only time / noticed, if / may
be permitted to state it my own way.
The conversation could not have been of
very long duration at the time, because
it happened almost like an instant to me-
1 was attracted by this violent argument
between the men and that quick (indicat-
ing) saw the blow.
Il had not seen them before. did not
notice any gesticulation.
20. What was there at that distance
100 feet or more to attract your attention
by the conversation, you couldn't hear any
part of the conversations"
"A. Pardon me. they had an argument
and then the hand was raised that quick,
| am trying to tell you that it was doEe
almost Instantly
''The fact of the raising of the arm and
the blow made me think that they were
having an argument"
%. Then you wouldn't know they were
having an argument unless he had raised
MS arm?"
"A. Yes, sir, T suppose they were talking
very loud, and could tell
q. Could you hear anything at all?"
No, sir, but you can presume things
from distance"
%. II he hadn't raised his arm. was
here anything that attracted your atten
ion to these two men having an argu-
nent, except that?"
"A. / couldn't answer that question:
AFTER the one whose back was turned
20 me had stricken the other one he
stepped back after"
20. Did he step back before the man
ell or afterwards?''
"a. No, sir, as soon as the man fell
he backed off,
20. How did he have his hands?'
"a. He looked like he was threatening
o me-"
%. In what wy; how was he threten-
ng?"