The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-10
COLI. C.L HARRIS BEGAN

W. N. Jones Will Follow Col. Harris
Today.--Then Will Come Robert C
Strong Who Will be Followed by J.
N. Holding---sollcitor Daniel Will
Close for the State.
The argument of counsel In the HAY
wood case bids fair from Its beginning
on yesterday to be a lengthy one. Mr..
Jas. H. Pou for the defense and Senator
John E. Woodard for the State consumed
the larger part of the long session Of
court yesterday. Col. ]. G. L. Harris s..
the defense began at five o'clock in the
evening and spoke until ten minutes to
six, when court adjourned. Col. Harris
will conclude his speech this morning, be-
ginning at nine o'clock.
Mr.. Pou spoke from shortly after nine
until twelve o'clock, almost three hours.
large portion of the first part of hl:;
speech was occupied with an arraignment
of the methods of the prosecution and
their alleged unfairness in the conduct
OF the trial. Mr.. Pou did not mince his
words and was not sparing of his epithets.
He had first, by way of introduction,
touched upon the unique position OF The
jury in the court and upon its antiquity
as an institution, and the high duties and
privileges it involved.
After Mr.. Pou had at some lengh spoken
upon the attempts of the prosecution to
break down the evidence OF some OF the
witnesses for the defense, he took up and
outlined the theory of the defense, name
ly, that Ludlow Skinner had armed niin-
self, gone after Ernest Haywood, picked
a quarrel with him, struck him, jumped
back and reached for his pistol. The weap-
on hung in his pocket, and he kept trying
tc get it out, backing away. Meantime
Mr.. Haywood had fired, and Mr.. skinner
had kept on going off, keeping his hand
in his hip pocket until he turned and
fell in death The defense was that Ernest
HAYWOOD was simply exercising the God
given right of self-prct elton, the rish'
to defend himself at time when the
law of the land could not protect nlm.
Mr.. Pou finally dwelt at some length upon
the decisions of the courts on this ques-
ton of justifable homicide.
At twelve o'clock Senator Woodar6 be
gan to speak. r. began by referring to
the great impor ayce of the service rem
dered by the jury and the protecting ]
saving power OF the law of the land, and
the NECESSITY OF its enforcement. Then
devoted most of his remarks until the
dinner recess to reply 10 the structures
of Mr. Pou upon the prosecuting coun-
sci He replied particularly to Mr.. Pou's
illusions to Scripture. He laid many in
consistencies at the door of Mr.. Pou, and
smoke at some length of the practice OF
counsel with what he called a desperate
case to bring i'll great array Of promi
nent persons, as character witnesses, to
divert the minds of the jury from the
real questions to be determined.
In the afternoon Mr.. Woodard addressed
himself to the evidence and the facts &c
no determined by the jury. He also quoted
the decisions of the courts on the qucs
ton of when homicide is justifable and
when it is not. He stated the theory OF
the prosecution somewhat as follows
The two men had met, probably by acci-
don't. Mr. Haywood had said something
to offend or insult Mr.. Skinner. who had
struck him, and then turned away, either
in contempt or feeling that the insult
had been sufficiently avenged. Then Mr.
Haywood, in q fit of anger, had shot Kim
az he was going away from him. Il
made no difference which shot was the
fatal one, if the jury believed Mr.. Jone:
Fuller's evidence, supplemented by wra'
Miss Mattye Pace told him she saw
Mr.. Simms' testimony, Mr.. Woocart
maintained. corroborated the theory o
the State. The testimony Of the gentle
men from Southern Pines dlscreditee
Mr.. Schmitz. and Mr. Hocutt's evidence
fell with Mr.. Schmitz's. Ii Ned Barne!
is TO be believed, neither Schmltz no.
Hocutt nor Mrs Billings could have seer
what they said they saw. on account 0
the carriages standing IN front Oh tn'
postoffice. On the other hand, II the jury
believed the testimony OF Mrs. Riilirss
then the evidence of Ned Barnes ana Macl
Fuller falls to the ground.
Mr.. Woodard closed by referring ieei
lns'y to the aged father of the dead nan
id the widow and orphan he left. IL
had spoken for three hours and ? haii
Col. Harris began at five O'Clock. say
ing the defendant was not appealing fo
mercy, but asking for a verdict OF no
guilty on the ancient ground OF self
preservation. He then proceeded TO TAX
up the evidence, and in detail went owe
the testimony as to the character .
Messrs. Hocutt and SchmItz, speaking o
the weight of the testimony from Balti
more on the character 9f Mr. Schmlt1
and the probability of the Southern Pine
Een and the Henderson men being mis-
taken, or being purposely mised by nie,
who did not want to be called as wit
nesses.. Col. Harris dwelt upon the lacl