The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-09

and recalled that the court had reminded
counsel for the State of the meaning oil
evidence in rebuttal Their last witnessc,
were Jones Fuller and the negro Har-
! rington. Harringtons evidence had tenG
ed to show that the first shot struck Mr.
| Skinner, and Mr. Gillian was singuary
! forgetful when he said that up to the
time the State closed It's evidence, moth
ing had been introduced to show that the
first shot was the fatal one.
| Judge PEBBLES: What evidence would
| this rebut?''
| Col. Argo "None. 1t is corrobord
| tive" Col. Argo continued to the effect
| that when the State closed its evidence
| it had made out weak case. 1t 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 ques-
ton, as to how far a man could go shot
in the way Mr. Skinner was. That was
the way it was done at the habeas corpus
hearing. Both sides had introduced this
as evidence-in-chief If they were not
offered by the defense, why did they have
their witnesses here summoned?
Mr.. Woodland then spoke on the ques-
ton. 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 circumstances to the kill
ing.
He contended that when the State
closed its 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-
fense giving the theory of the defense,
was an attempt to show mitigating cir
cumstances, and this expert testimony
now offered was in rebuttal of the evil
dence offered in support of the theory
of the defense. This was a very material
matter. 1t went to the very marrow OF
the question. 1t is material as contradict
ing the evidence of Schmtz, Hocutt ard
Barnes
The defense had put on evidence as to
the time it would take a man to walk
from the sidewalk to the street car track,
and the State could rebut that evidence.
Colonel Argo said that had been offer
ed only with the purpose of showing that
by the time some of the witnesses reach
ed where they could see. Mr.. Skinner was
at the car track 1t was offered to show
that Mr.. Skinner had been on the side
walk when the shots were fired
The Judge SAID that no question had
been asked by the defense as to how long
it would take a wounded man to walk
from the sidewalk to the car track. He
continued that he had made rules, and it
was the fault of the attorneys if they did
not obey those rules. He must have rules,
in order that he might be perfectly i'm
partial.
Mr.. Woodard said that the Judge was
aware that no lasvyer wanted to set up a
pin to be knocked over by the other side.
Naturally they did not care to let the
other side see what their case was.
Judge PEBBLES said he hoped he had a
higher ideal Of a trial where the State of
North Carolina was sitting upon the life
of man, than to regard it as a sort OF
game of hide and seek.
Mr. Woodward said that he was sure
nothing he or his associates had said could
suggest such an idea or such criticism to
His Honor
Judge PEBBLES said that Mr.. yyoodard's
! remark about setting up a pin to be
knocked over had suggested the idea to
him.
NO EVIDENCE OF MURDER IN FIRST
DEGREE.
Finally the Judge ruled the expert test
mony out, and then said to Mr.. Daniel:
"You occupy dual position in this court
| AS well as being retained as an attorney
| by the family Of the deceased. you als7
represent the State of North Carolina
| Now. do you consider that in this CO
pacity you are justified in regarding that
there is any evidence of murder in tho
| first degree?'
Mr. Daniel: Frankly. Your Honor,
must say that 1 do not
Judge PEBBLES then said he supposed
there was no controversy as to the killing
with a deadly weapon. There was none
of course. Then the Judge said that the
burden was upon the defense to show
that the defendant was not guilty of muir
der in the second degree. This being the
case, he would give the opening and the
closing to the defense. There was some
slight objection to this on the part of the
State, but the Judge held to his deter
mination.
Then as to the order of the speeches.
The attorneys for the defense at once de-
termined upon the following order: Pou
Harris, Jones' Holding, Ryan, Day, Argo
The State did not decide on the order OF
their speeches at once.
The Judge stated that all instruction
to him as to his charge to the jury must
be in by this morning.
It was then nearly five o'clock and court
was adjourned until nine o'clock this
morning.