The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-07
LITTLE BOY TESTIFIEs'
The Attack on Mr.. Hocutt's Character
Drew Judge PEBBLES Expression OF
Disapproval but he Afterward
Exonorated Counsel

A great deal of ground was covered
yesterday in the Haywood trial, notwith-
standing several interruptions in the TAX
ing of evidence. One of these INTERRUPT
tions lost nearly an hour right IN the
early part of the morning session. This
was an argument of counsel over admit
ting a certain question asked with the
purpose of impeaching the moral charac-
ter of one of the principal witnesses for
the defense, Charles B. Hocutt.
The second interruption was due
to this same kind of question
ing with view to establish
ing the immoral character OF the same
witness. This time was Just as the cross
examination of that witness was concluded
by the States attorney, who was Sena-
tor Woodland in this instance. Then Judge
PEBBLES sent the jury out of the court
room and expressed his disapprobation of
the method employed by counsel for the
State in cross-examining witnesses. FL
nally, after considerable argument OF
counsel, the Judge qualified hls remarks
This was doubtless the most striking
incident in. the trial thus far, and on
that account the full stenographic report
of the argument between the court and
counsel is given as follows:
The Court Jury having retlred:)
1.-The court desires to express its disap-
probation Of the mode of crossexamlnatlon
of the witnesses for the defense. If that
course of corss-examination is pursued,
no man of delicate feeling viii dare to
come into this court house as a witness.
Tell the jury to come in, Mr.. Sheriff"
Mr.. Daniel: "Just a moment, if Your
Honor please Does Your Honor for
moment think that it is not proper for
us to attack the eredibil'ty of a witness
when we have these t4cts and can ask
about them?''
The Court: "Mr Daniel I cannot con-
ceive that attacks of that sort are bona
fide l cannot conceive that a lawyer of
Baltimore who has proven the character
that Mr.. Schmit7 has by an array OF gentle
men of prominence there, can be guilty
of the charges made against him there.
j cannot corrective the idea that a man
of Mr. Hocutt's intelligence could have
gone to Johnston county and have stolen
tobacco from one man and a pistol from
another and great many other things
from Others. and those things can be
known and he can escape punishment by
law. Therefore, must conclude that this
is a plan conceived to break down every
man who appears here to testify
Mr. Daniel Il beg to say it is not
These charges are made in good faith
The Court: ''Then, if they are made in
g. 20 fha I,,4r, &c tIo
of that district to bring these matters
before the grand jury
Mr.. Daniel: Il have nothing to do with
that Certainly as to these statements
he has made it is competent, and it does
not seem to me that Your Honor ought
to reflect on the prosecution in that man
ner. Witnesses are here as to the contra
dictory statements he has made"
The Court: II am not talking about
the contradictory statements. 1 am talk
ing about these charges he is asked about
If the charges are well known, then the
solicitor of Johnson county and the peo-
pie, If the charges are true, are exceeding
ly dilatory in allowing a notorious thief
to go unwhipped of Justice
Mr.. Pou: II wish to say that Mr.. Ho-
cutt has never lived twenty miles from
where he was born. Johnson county ad
joins Wake county, and the township in
which he was born adjoins Marks Creek
township in Wake county. We have wit
nesses here to prove that the charges are
absolutely false
Mr.. Norris: eff Your Honor please, as
examined the witness, I wish to make
this statement. These questions 1 put to
the witness were put to him in good faith,
because of the fact that I had the infor-
nation from responsible parties who rep
resented to me that he was charged with
these offenses when he lived in Johnson
county. I desire to say further in this
connection, that we will place character
witnesses on the stand as to these men.
and you can ask them on cross-examina-
tion the questions you want to bring out"
Mr.. Pou: "And we are ready for them"
Mr.. Norris: Il say that much because
I think it is due to myself that the
statement of the court should not go into
the public prints without my saying, op-
enly'in the courthouse, that 1 have this In
formation from parties that we consider
reliable, who will be here on the stand
and the defendant can ask such questions
as he wishes
The Court: "The court says this: If