The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-05-29
THE THRONG WAS AWFUL
The Folks Stood on Chairs, on the Railing of the
Bar---Eyery Possible Spot Was 0ccu-
pied---Ernest Haywood Hair
Nearly White.

pied---trnest Haywood Half
Nearly White.
Two of the principal witnesses for the
defense were examined yesterday after
noon in the Haywood habeas corpus pro-
ceedings.
They were Bernard A. Schmitz, an at
torney of Baltimore. and R. N. simms, Of
this city.
Besides these a number of character
witnesses were examined as to the repu-
tation of Mr.. Schmitz. Mr.. Silnms, and
Mr.. Willis Briggs. The same witnesses
who testified to the character of Mr.
Simms were called upon by counsel for
the prosecution to testify to Mr.. Briggs
reputation. It was explained that this
was done to avoid recalling these wit
nesses to the stand.
The testimony will be found in full be-
low.
The hearing had been set for half-past
three In the afternoon at the county
court house, before Justices R. NJ. Doug
lass and Platt d. Walker, of the Supreme
court and by two O'Clock the streets near
the court house and the corridors of the
building began to be filed with people.
They kept coming by degrees, and long
before half past three the lower hallway
and both stairways were packed with a
mass OF men that was solid it would
have been impossible for anyone to have
fallen down if he had tried. All were
men. NoN woman was seen in the
crowd.
1t was Heterogeneous gathering. There
were @aR sorts and conditions of men.
The rich and the poor were intermingled
on the stairways. Men of all trades, pro-
fessions or callings chatted with one an
other as they waited.
Finally, few minutes before $3.50 the
cry was heard: Make way for the court,
and Judges Douglass and Walker had ar
rived A narrow passageway was opened
up through the vast throng, and the two
judges went through the hall and up the
stairway single file.
At the door at last, some difficulty was
experienced in getting if open, but once
open, one half of it, the waiting crowd
burst in after the judges. 1t was almost
after the manner of a college cane-rush,
or football scrimmage. The door remained
with one half closed for several minutes,
and one man nearly had his arm broken,
that member getting caught between the
door and the crowd.
In the court room the deputy sheriffs
tried to keep the crowd from surging all
over the space behind the rail reserved for
attorneys, parties to actions and court of
ficers, but it was of no avail in next to
no time there was comparatively little
space left for the lawyers and interested
persons, nda it was with difficulty that wit
nesses were sworn, and each one had to
crowd his way to the stand when called
upon. Every place was filed, even the
steps leading to the Judges seat, and one
or two men were actually up in the terri
tory of the judges. almost looking over
their shoulders. Several actually stood on
top of the rail surrounding the bar AL
most everybody was standing in his seat,
and some were balancing themselves on
the backs of the benches.
Altogether it was very uncomfortable
for judges. lawyers, stenographers, and
all who were obliged to be present. The
dense throng made the heat terrific and
almost unbearable.
Ernest Haywood looked thin, very thin,
and his hair, cut rather close, was almost
" vhite Otherwise he looked well, and ap-
peared very cool and collected. A number
OF friends shook his hand and his greeting
TO them was cordial, accompanied by a
bright smile He sat facing the judges,
near the middle of the space behind the rail
Grouped around him were his counsel,
Messrs. Jas. H. Pou. T. M. Argo, Elmer
Shaffer, w. H. Day. ]. N. Holding, r. G.
Ryan, ]. c. L. Harris, w. N. Jones.
With them we're DR.. Hubert Haywood.
DR.. Fab. Haywood and Messrs. Af w,
and Edgar Haywood.
TO the right of the Haywood group
sat counsel for the prosecution, Acting
Solicitor Walter E. Daniel of Weldon;
Senator Donnell Gillian, of Tarboro; Sen
ator Herbert Z. Norris, and Mr.. r. C.
Strong, of this city. Senator John z.
Woodard had not yet come from Wilson
where on yesterday he argued the habeas
corpus case of the Jones mlrderers. He
was expected last night
The first thing was the reading of the
return made by Sheriff Page to the writ
OF Judge Douglas. Solicitor Daniel read it.
rs follows:
State of North Carolina,
Wake County.
In the Superior Court, May 2Sth, 1905,
State VS. Ernest Haywood.
TO Hon. Robert M. Douglas Associate
T,,.t;oa of fha Sunren1e Court.