The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-10-13

THE FARMER AND MECHANIC. To
evidence in rebuttal Their last witnesses
were Jones Fuller and the negro Har-
rlngton. Harrington's evidence had tera
cd TO show that the first snot struck Sr
Skinner, and Mr.. Gillian was s~lngularly
torgetful when he said that Up to the
time the State closed it, evidence. notn
ing had been introduced TO show that the
first shot was the fatal one.
Judge PEBBLES: What evidence would
this rebuto'
Col. Argo: None. It i corrobora-
tive" Col. Argo continued TO the efe {
that when the State closed its evidence.
1t had made out a weak case. II had fail
ed to establish the fact that the second
shot had killed. Then was the time TO
Introduce the expert testimony. On what
now any more than then could they
frame the hypothetical question? DR.
Knox had described exactly how the
wound was, and after his testimony they
could have asked their hypothetical quos-
ton, as to how far a man could so shot
IN the way Mr.. Skinner vas. Tina was
! the way it was done at the habeas corpus
hearing. Both sides had introduced tins
! as eVldence-in-chief. If they were not
| offered Dy the Qe1eISe, why ala lleE nave
their witnesses here summoned?
Mr.. Woodland then spoke on the ques-
tion. He said the bill Of indictment
charged murder. and that accordingly the
only duty of the State is to sustain the
| charge in the bill. They could have
stopped with showing the killing, and that
the pistol bullet killed him. The burden
was upon the defense to show that there
were mitigating circumstance to the kill
ing.
He contended that when the State
closed It's evidence there was no testimony
to the fact that Mr.. Skinner was shot on
the sidewalk. The testimony OF Ned
Barnes and other witnesses for the de
Tense, giving the theory OF the defense,
was an attempt to show mitigating cir
now offered was in rebuttal OF the evi-
dence offered in support of the theory
of the defense. This was a very materlaI
matter. 1t went to the very marrow oil
the question. 1t is material as contradict
ing the evidence of Schmitz, Hocutt and
Barnes.
The defense had put on evidence as Il
the time it would take a man to WALL
from the sidewalk to the street car track
and the State could rebut that evidence.
Colonel Argo said that had been offer
gu OIlly WIFI the puIpOSc Oh SIiON I1S lila
by the time some of the witnesses reach
ed where they could see, Mr.. Skinner wa.
at the car track. 1t was offered to SHOW
that Nj. Skinner had been on the side
walk when the shots were fired.
:, The Judge SAID that no question haC
been asked by the defense as to how Ions
1t would take a wounded man to wall
from the sidewalk to the car track. II
continued that he had made rules, and j
was the fault of the attorneys If they d.
not obey those rules. He must have rules
, in order that he might be perfectly i'm
partial.
Mr.. Woodard said that the Judge wa
aware that no lawyer wanted to set up
pin TO be knocked over by the other side
: Naturally they did not care to let tn
: other side see what their case was.
Judge PEBBLES said he hoped he had
higher ideal Of a trial where the State c
: North Carolina was sitting upon the If
Of a man, than to regard 1t as a sort {
game of hide and seek.
= MI. Woodward said that he was SUI
nothing he or his associates had said coul
. suggest such an idea or such a criticism t
His Honor.
; Judge PEBBLES said that Mr.. Woodland
: remark about setting up a pin to /
knocked over had suggested the idea
> him.
NO EVIDENCE OF MURDER IN FRS
DEGREE.
Finally the Judge ruled the expert test
mony out, and then said to Mr.. DAME
You occupy a dual position in this cour
! AS well as being retained as an ~attorni
! by the family OF the deceased, you all
= represent the State Of North CaroliE
Now, do you consider that in this c
pacity you are justified in regarding tn;
there IS any evidence of murder IN Il
first degree?'
Mr.. Daniel: Cranky, Your Honor,
:, must say that I do not"
u Judge PEBBLES then said he suppost
- there was no controversy as to the KILN
: with a deadly weapon. There was non
= Of course. Then the Judge said that Il
~ burden was upon the defense to sho
= that the defendant was not guilty of MI
!, der in the second degree. This being Il
case. he would give the opening and Il
closing to the defense. There was son
slight objection to this on the part of t
State, but the Judge held to his dett
mination.
- The attorneys for the defense at once &
80 termined upon the following order: Pc
:. Harris, Jones, Holding, Ryan, Day, Are
- The State did not decide on the order
=, their speeches at once.
ed =
Fridays Session,