The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1903-06-16

by any judge OF the Superior or Supreme
courts. yet our highest court, In the case
OF State vs.. Herndon, 1O7 n. c.. has said,
The Indictment for a capital offence raises
a strong presumption Of the prisoners
guilt, and he ought not to nave bail un-
less he alleges and proves to the salts
faction OF the judge that he Is not guilty.
The law intends that persons solcmnly
accused of capital crimes, when the evi
dence tends strongly to prove their quit.
shall not have opportunity to flee and
escape Justice
Now, take the testimony offered by the
defence. If we accept the statement
made by the witness, Simms, as true,
then, at the time the fatal shot was fired,
the deceased was near the middle of the
street, between the curbing and the car
track, with his back turned from the de-
.lfendant. And the testimony of DR.. Knox.
which Is as clear as a bell, establishes, we
think, beyond doubt, that 1t was the
second shot which took effect and caused
the death of the deceased. This was muir
der, for, even though the deceased may
have stricken prisoner with his left hand,
as Simms testified, all the authorities
agree that the law is SO jealous of human
life, that it VIII not permit even a blow
to be stricken in a spirit of revenge, and
if, instead of a blow a deadly weapon be
used and death ensues, it is murder.
Ned Barnes said when he arrived IN
front OF the Government building there
were two other vehicles on the same side
of the street, between his vehicle and the
Capitol, and hat shortly after he drove
up, he saw Mr.. Skinner strike Mr., Hay
wood and start across the street, when
prisoner fired twice. The witness Rogers
says that he was up stairs III the Govern
ment building, within eight feet of the
front windo when he heard the first
slot, and that the second shot fired be
fore he reached the window. He went
down and asked Ned Barnes about the
shooting, and Ned told him that he saw
nothing until the first shot fired and then
he turned and saw Mr.. Skinner going
across the street, and, after the second
shot, he staggered a little and fell with his
head across the street cartrack. Rogers
is a witness relied on by the defence. He
was seeking information. He went to
another witness brought here by the de
~fencc; and that Witncss-Ned Barnes
While the whole matter was fresh in his
mind-speaking to a man of his own
color-before he had any motive to state
SAIS NilI15 M illS y tS bh1S
red, told him that he saw nothing until
his attention was arrested by the firing of
the first shot. when he turned his head
and saw deceased going across the street,
and prisoner fired the second shot. So
VIC contradict Ned Barnes in two material
points, for he appears to be the only wit
ness, on either side. who placed three
vehicles in front of the Government
building, at the time the shooting occur
red.a The witness Hocutt proves rather
an unsavory reputation, and Lawyer
Schmitz was rather unfortunate IN select
ing such a man to show him around the
city. They We're standing one hundred
and fifty feet, or more, away from where
the difficulty, of which they testified, oc-
Cured, and yet they tell us that their
attention was attracted by the lOud talk
ing and ge~sticulating of prisoner and de-
ceased. 1t is singular that none of this
was either heard or seen by Mr.. Willis
Briggs, who was talking to Mr.. Simms,
only twenty feet away, nor by Mr.. Pike,
who was near Haywood, who had just
passed him, when he heard the first shot;
nor by Mr.. Simpson, who was directly
across the street, in front of the Var
borough House: nor by Mr.. Gwaltney,
who saw the first shot fired, nor by Mr..
Wilson, the bright sixteen year old boy,
whose testimony must have impressed all
who heard it that he was telling the
truth.
Now I have cndcavored to show your
Honors that taking the testimony OF the
defence offered to prove that there was
an alteration? Has that fact been salts
factorily established? Have not their wit
nesses contradictcd each other? Have we
not shown by witnesses OF unlmpcachablc
character-by Logan Terrell, Mr.. Slmp-
son, Mr.. Thompson, Mr.. Gwattney, Mr..
Pike, George Wilson and others that
there was no alteration? Is not this an
issue of fact, upon which your HOnors are
asked TO pass? Will your Honors hold
that this case shall esta blish a new pre-
ccdent in this State and, in disregard OF
that provision of the Constitution of the
State from which the court derives It's
powers, and in which its duties and juris-
diction are defined, and limited, will your
HonOrs usurp the functions of a petit
jury. and become tryers of issues of fact !?
Can it be that this case shall establish a
precedent which may force any judge OF
the Supreme court to leave the bench tC
which the people have proudly and con
fidcntly looked as the sanctuary of then
liberty and the palladium of their saftcy
to try facts which a jury of twelve mer
nave from time immemorial been accus
;, toned to weigh and determine? The peo-
pie have wisely distributed their powers
and have clothed you with the highest
the right to sit IN review OF the law at
=. fecting their lives. their liberty and then
, property. To a jury of twelve men alone
+ have they given the right to pass upol
!, the credibility of witnesses and find the
/. facts involved in an infraction of theil
!. criminal laws. We appeal to your Honor
; not to grant bail in this case.
, The prisoner has had three months il
!, which to apply for bail. He has already
suffered the humiliation of incarceration
III a common jail. He had an opportunity
to confront his accusers before that jur!
his country to which he appealed whel
} arraigned at March court. He then askeC
f for a continuance for tho absence of Ger
| tain witnesses named IN the remarkabl'
| a%ffidvadit which he filed in support O
' his motion. Not one of those witnesse
I I~@ ~-~t