The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-06
Defense Starts on Its
Innings.
Continued from First Page.)

State. he told them that he understood
that Mr.. Douglass had already beer
spoken to by the other side. and he could
not consider the matter with them unit
after he had seen Mr.. Douglass. He die
not say that he would be glad to repre-
sent DIR. Skinner. Nor did he say lie was
sorry that he could not represent DR.
Skinner, but would consider the MATES
| further with them after he had seen MIR
Douglass. Witness did not know positive
| ly that he would have to be called as q
witness, for he did not know how many
others had seen what he had seen. He
thought that any engagement Mr.. Doug
lass might make would have to be made
by him individually, and not for the firm
He saw Mr.. Douglass next morning, Mon
day morning and then learned positivel,
that he had been retained by the defense
He did not know what day Mr.. Douglass
retired from the case. That afternoon
witness gave his statement to the Raleigh
morning papers.
On redirect examination by Mr.. Pou
Mr.. Simms said that the afternoon paper
Monday contained a reference to the fact
that he would be witness. No morning
papers are published in Raleigh unit
Tuesday. Witness did not see either one
of Mr.. SINNERS hands at the time az
jumped away from Mr.. Haywood.
Then President r. T. Vann, of the Bap-
fist University for Women in Raleigh
United States Marshal H. c. Dockery, 10
Gated in Raleigh for the past six years
T. H. Briggs. of Raleigh; T. W. Dobbin
OF Raleigh; J. Y. Joyner. State Superin
tendent of Public Instruction; Thoma!
Burns, of Swift Greek; DR.. M. c. Cham.
blee, of Wakefield; j. A. Mills, President
Raleigh and Cape Fear Railroad B. S
Franklin, of Swift Creek, of the Wake
County Board of Education; Capt B. P
| Williamson, Treasurer of Wake County
Len H. Adams, of Raleigh; R. H. Battle
of Raleigh; R. M. Furman, editor OF tue
Morning Post; John T. Pullen. President
Raleigh Savings Bank; Jos. G. Brown
President Citizens National Bank, of Raj
| eigh; Judge Jas. E. Shepherd, of Raleigh,
Judge T. B. Womack, of Raleigh, chair
man of Code Commission, all testified a;
character witnesses, all to the good char
acter of Mr.. Simms. some for Mr.. Briggs
and some for Mr.. Fuller. Mr. Pou caused
little amusement by asking as to the
character of Mr.. Fuller. witness for the
State. Finally Mr.. Daniel asked if thel
admitted Mr.. Fuler's character. and the
truth of what he said. Mr.. Pou said they
admitted his character but the rest wa
an improper question for counsel fCl
State to ask. Mr.. Pou then stopped ask
ing about the character Of Mr. Fuller
WILLIS BRIGGS EVIDENCE.
| Next Willis G. Briggs, of Raleigh, wa,
called and examined by Mr.. Holding. Oh
February 21st. at the time of the tragedy
| ID 10 @h0, c40ef,, OF nhnl1
a quarter past four o'clock. When he
came out he saw Mr.. Smms coming dowr
the street. step or two north of tbs
main steps he stopped Mr.. Simmons ant
| asked if he had received a letter from
him. Mr.. Simms was facing south AM
witness faced about east He thinks i
was the pistol shot that caused him L
look around. When he first looked Skin
ner was near the curbing on the grass
plat, about to step off, SINNERS bach
was rather toward witness. going In oil
rection of the Marlborough House. HI
| thought there was a carriage near thu
south steps. After Skinner had left side
walk there was slight hesltancy OF
glance over his shoulder backward tina
caused witness to look at Haywood wht
was then standing about three feet from
|
witness saw flash and heard report o
the second shot This was as soon as h
could look back from Skinner to Haywood
When he looked back Skinner was some
half or two thirds the distance to The
| car-track, going northeast. He paSse;
across the car track A vehicle then shu
off the view. When next seen he turned
toward west, sank on knees and let him
| IL loft bap
ner glanced back and hesitated. witnes.
could not say how far off the sidewalk HI
was Witness ran out to where Skinner
hal fallen and then rejoined Mr.. Simm'
at edge of sidewalk. Some man came ~
and asked who shot Mr.. Skinner Mr.
Simms replied that Deputy Separk hat
Haywood in charge. Witness asked MI
Simms what he had seen, and he did not
give any direct answer. Witness told
Mr.. Simms he ought to have seen it, as
he was looking that way. Mr. Simm.
said:. "Oh, well, 1 wasn't noticing" Oh
something to that effect.
| Cross-examined by Senator Gillian, Mr.
Briggs said Mr.. Simms said nothing about
fight, and he heard no exclamation. Did
not notice whether his countenanct
changed or not. Did not know whether
he was looking at him or not. When wit
ness rejoined Mr.. Simms, he does not re
member that he said, In reply to witness
question as to what he saw Il dom
know" but remembers he did say Il wa:
not noticing" or words to that effect. Ht
made no statement to witness until h''
statement was printed. Senator Gillian
asked if Mr.. Briggs had not made some
comments to the effect that Mr.. Slmm
had not told him what he published. Mr.
Holding objected and objection was sus
tanned. Senator Gillian asked if witness
saw any motion on Mr.. SINNERS part to-
ward drawing a weapon. Objected to BY
Mr.. Holding, and objection sustained
Then witness said the only movement III
saw was a turning of his face around
and probably slight hesitancy on the
part of Mr.. Skinner Did not observe any
movement of his hands at that time. A
| the first shot Skinner was leaving tn,
grass plat Between the two shots Skin
ner was leaving the curbipg. The SECOND
| shot was fired in the interval that wit
ness looked from Skinner as he turned
and saw Haywood. When witness saw
skinner again he was going faster than ;
walk, but not in real run. He had hl'
hand up against his side or back, ant
stopped over more and more as he ran