The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-14

was Mr.. Skinner waiting there for? Some
i.body knows.
Capt. Day concluded by saying that
this case had not been prosecuted on the
high plane that it should have been, and
called upon the prosecution to take back
the foul imputation of cowardice that
had been put upon the dead man. The
speaker poured forth a tribute upon the
gallantry of Major Tim Skinner, his old
friend and commander.
1t was now one o'clock Capt. Day had
spoken two hours and twenty minutes and
court took recess until three o'clock
SOLICITOR DANIEL.
| At O'Clock court reconvened and Sole
tor Walter E. Daniel Began the closing
speech for the State.
At the outset he promised the jury that
he would discuss the evidence. After
! speaking of the duties and province of the
! jury, Mr. Daniel said that he would not
conceal the fact that he was employed as
counsel for the prosecution. 1t had already
been mentioned in the presence of the
| jury that the Solicitor of this district had
declined to investigate this case for reasons
entirely satisfactory to himself. If no one
could have been found to prosecute this
| CeaSSs we WOulu nave Au0 INC SPSCbdNlC vi
crime committed on the streets of Raj
| eigh and no one to dare to investigate it.
For that reason not one of the prosecut-
ing counsel had anything to apologize for.
AS to the attacks that had been made
upon the counsel for the State, they had
not been made with the purpose of aiding
| the jury in its search after the truth.
They had been made with the systematic
&c fI,a IL H.
jury against counsel for the State And
every one of the six speakers for the de-
Tense had devoted a large part of his
speech to these attacks except Mr.. Jones
and Col. Harris. They were not sincere.
They were put in to supplement the lack
of evidence They must consider it a very
important part in this case.
One ground for these attacks was that
Miss Mattye Pace had not been put upon
the stand. Now, it was in evidence that
Mr. John Hinsdale, Jr., had been told by
i Mr. Fuller that there was some one who
had seen it all, and had told him some
thing about a blow passed. Col. Hinsdale
was of counsel for the defense. Is it pos
sible they didn't know who that person
was? The words him or her. had been
used. They could have gotten her evil
dence. But no, they waited until Sep
TENDER 14th to issue the subpoena, and
then with grand flourish introduced it
in evidence here. Then, too, when they
went to Baltimore to get these other depo-
sitions they had the opportunity to get
Miss PAGES deposition. But no, they
must keep that back, so that they could
have something to use against the counsel
for the State. He had heard men that
were his friends approach the verge of in
suit in their criticism of counsel. He had
nothing to ask of anyone here He had
not come to Raleigh to get a character;
he had come to perform a duty, and all
he asked of this jury to do their duty.
The jury had heard nothing in this case
about the presumption of the law that the
defendant was guilty of murder in the Sc
cond degree If there is any doubt, it will
be the duty of the jury to convict. Mr..
Daniel dwelt upon the stern sense of duty
the jury should feel knowing no man be-
fore the law
The witnesses to the fact, upon whom
the defendant must depend to show that
he had a right to take the Ef' cf Ludlow
Skinner were nine in number. Out of it
! all the facts stand prominently, and can
not be controverted, that the dead man
was going away from Haywood at the
time of the shooting, and that he died
over sixty feet away from the man with
the pistol on the parapet of the postof
flee.
First, r. N Simms said he saw two
men that seemed to struggle together. then
the blow and Mr. Skinner jump back and
turn and cross the sidewalk Capt Day
| Ill I &c
he said that man struck or slapped as
Mr. Woodland suggested ought to kill the
man that struck him. This might be Capt
Days idea of the law. But this was not
court of honor Mr. Simms testimony
| showed that there was no necessity for
Mr.. Haywood to fire in order to save his
own life
Mr. Daniel said that he had been very
severely criticised because of his cross-ex-
animation of Mr.. Simms. His idea of
cross-eXamination was to test the accuracy
and interest of the witness He knew of
no special divinity that surrounded Mr.
Simms or any other witness If Mr.
Simms had been criticised. it was not by
counsel for the State; it was caused by his
own actions. He had no one to thank for
it but himself
Mr.. Simms had said ne saw no move
ment on the part of Mr.. Skinner to draw
a weapon. Mr.. Briggs had looked around
at the first shot, and saw Mr.. Skinner at
the edge of the sidewalk, going away from
Mr. Haywood and saw him turn and look
at Mr.. Haywood. At that moment came
the second shot. 1t was the second shot
that killed Mr. Skinner. Was it neces-
sary? Could it not have been avoided :?
Suppose there were no other witnesses
! but those two, what would have been the
verdict of the jury?
Mr.. Schmitz had said he called Ho-
cults attention 20 tao men apparently I'M
an argument. That OF itself did not bear
the earmarks of truth. Would strangers
in town notice amid the crowd two men in
an argument? Schmitz proceeded to say
that he had seen the blow, and Skinner
jump back about eight feet, then the shot
and Skinner stagger away to the curbing
and turn and go off the street. Hocutt's
testimony was exactly the same.
4 i