The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-07
A Brush Between Judge
and Counsel.
Continued from third page.)


outside of his coat. He never seemed to
witness to weaken until he got the other
side of the car-track.
Ned Barnes was sitting nearly in the
middle of his seat in the carriage. It'll
was surry, and there were no curtains
on it. Was not his carriage and Ned
Barnes carriage on a line from the Cit.
Zens Bank corner to where the deceased
and defendant were? They were not
Had he ever said that Haywood had bee 81
standing at the second post to the south
of the post office? Yes, he had said so
Mr.. Haywood walked over there after the
shooting.
On redirect by Col. Argo the witness
said he had given statements to Mr.. Nor
ris and Mr.. Strong a.
On re-cross examination, witness said
that what he told Mr.. Norris was not all
correct, because he was not on the stand,
and it was a long time afterwards, too.
Then he did not have time to tell it all
Mr.. Norris had asked him where Hay
wood had stood, and witness had said he
did not care to say. Asked further, he
told Mr. Norris it may have been about
where the second post is now to the south
| of the post office.
| Judge T. B. Womack then testified to
the good character of Mack Fuller, r. r.
| Gray also gave him good character, as
did B. s. Jerman and John w. Harden.
| Then N. 3. Broughton testified as to
Mr.. Hocutt's character. Before the hear
! ing he considered it good. He had known
his family in Johnston county, knew his
father and mother. After he came to the
city he had not heard anything against
| him.
w A Barnes, of Clayton, had known
Mr. Hocutt all his life. His general char
acter in Johnston was good. Since he
came to Raleigh he did not know what
his general reputation was.
DR.. J. A. Griffin, of Clayton, had never
heard Hocutt's character questioned.
Since he had come to Raleigh he did mo-
know
At this point court took a recess until a
quarter to three it being a quarter to
one
The first witness called to the stand
after court met again after the dinner
recess was c. w Richardson, of Selma
member of State Senate. He knew Mr.
Hocutt for as long as he had known any
ago, so far as he knew
THE BOYS EVIDENCE.
Walter T. Thomas, a boy, was IN town
on the day Of the trouble. He brought
a load of wood and stopped with it on
West Davie street. After he sold his
wood he came up on Fayetteville street
by the postoffice and court house. Stopped
on the street with his wagon, which
just had a little bed on it. While ne was
standing there one man came out OF the
court house and one out OF the postoffce
and they met near the south steps of the
postoffice. There they talked; he could
not hear what they said, put he saw the
man that came out of the postoffce strike
; the other man and knock him down. Then
he stepped back ten or twelve feet. and
put his hand back TO his hip under his
coat. Then the first shot was fired, and
this frightened his mule, and he could not
see any more of the two men. He heard
the second shot, but did not see it. When
he looked back the man that had struck
: the other one was lying In the street.
Cross-examned by Mr. Daniel, the boy
! said that he entered Fayetteville street
! at the south end, where the school is.
He stopped near the bill post. When the
shot fired his mule started off up the
| street and then turned and ran back ana
around Davie street by Col Harris OF
fee. He saw Mr.. Haywood stop second
or two at the court house steps, and
then walk up the street He saw man
come out of the postoffice, and he thinks
he stopped a minute and talked to man
at the south steps OF the postoffice. He
thought someone came out of the post
IofR NJ "A
came within about ten steps, and then
Mr.. Skinner slipped talking and went to
: meet Mr.. Haywood. They were near the
edge of the grass plat, and talked. They
were not excited, and did not talk long
u Witness was about twenty steps from the
two men. Mr.. Haywood stopped first and
Mr.. Skinner walked on up to him. Wher
he was struck Mr.. Haywood caught on
his hand on the sidewalk. Witness could
not hear what they said. When Mr.
Skinner stepped back he got on the side
of the grass and Mr.. Haywood was on
the middle of the sidewalk. Mr.. Skinner
stopped when he got off, and was side
ways, left side to Mr.. Haywood, with his
hand in his hip pocket Mr.. Haywood got
up at once and reached to his hip pocket
drew his pistol and fired.
Witness first told his father about IT
as they went on home that night Since
then he talked to Mr.. Buck Warren about
it, and Col. Harris. He lived about six
miles northwest of the city
Then Col. Harris called Berry Thomas,
the boys father. lie had been in town
with his boy with one horse load OF
wood They stopped at the wood yard
i on Davie street, and he gave the boy
directions about selling the wood an6
| told him to meet him about the court
house. When he found his boy he had
said something about it, and later as they
4 went home he told him that the two men
had met and got into a fight, and one
had knocked the other down, and had
been shot by the other man. He would
not allow the boy to talk about it. for
fear he would be called as a witness
The boy said the two men had sort of
| furry with their hands before the bigger
man knocked the other one down
I On examination by Mr.. Daniel,
| witness said his boy had not told him
what the man who was shot was doing
with his hands when he was shot. Witness
had not spoken of it till Mr.. Rowan Rogers
/ hnA