The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25

main silent People are most unjust to
him and it is as If they were in fog,
blinded as in a vision Yet this will
pass, it will not rest long over them and
thew will see him brave, courageous and
truthful as he is. This has no effect on
him. for ne is a bold man who fears God
and not man. lie can walk with head
erect and with the conscious satisfaction
of having done his duty"
yet this has made other men afraid
TO testify and tell what they know. II
the community desires to cruelty man
like Simms it is useless for us to speak
they say. All my associates in this case
Will testify how hard it is TO get men to
Talk. Some say that If they talk they will
have to leave Raleigh Bill Stevens. a
negro, said this as do others. Charles
Turner would net come to my office and
when a subpoena was issued and the
officer sought him he ran and has not
been reached On Friday another man
reported that he had seen what Mr..
simms saw and would come to my office,
yet ne will not make a statement.
'Another case is that of Rev d. P.
Goode, of Rutherford College. He says
that he knows a man and woman who
Mr. Haywood. yet he will not give this
testimony unless he is compelled to on
the stand
From Hon Settle Dockery we learn
that he was near the scene Of the shoqt-
ing and that a colored man told him then
that he saw Mr.. Skinner knock Mr.. Hay
wood over. Dust here there was a
voice in the court room as of some one
trying to speak out and the judge ordered
silence) Mr.. Dockery does not know the
man and has not recognized him in the
men he has seen since. In the same posi-
ton is Rev j. B. Hurley, who heard an
other man ask negro about it and the
reply was that the dead man struck Mr..
Haywood and that then Mr.. Haywood
shot him. These are things which will
require time to inquire into.
THAT is the situation, and from these
men we propose to show that Haywood
was attacked, and knocked down by Skin
rer who then jumped back with his left
side to Haywood and his hand to his
pistol but that Haywood was quicker
and fired first. We think we are able
to prove this by Mr.. Simms, but we are
on the track of other witnesses and We
need them.
The most important evidence l received
the day before yesterday and it was from
a man / had not heard of before. We
know that because of these things
continuance is almost irresistible and due
us for the sake of justice and of truth.
The State demands the enforcement of
law, not a sacrifice.
Il do not think that jury can be en-
pannelled in the present condition of af-
fairs, but by the next term / believe it
can and that people will be ready to
hear both sides, to weigh the evidence
of both sides before they pass sentence
on a mans life
There are three of our important wit
ness absent-Busbee, Hammet and
Stumps We believe we have given am
pie grounds for continuance. We have
tried to get ready, no men have worked
harder but the case is not prepared. Our
witnesses are here and there. We have
lust received an anonymous letter tell
ing us of a valuable witness. That is |
way in which evidence has reached us |
It is hard to get witnesses when men on |
the street say Of one witness that "If |
Bob Simms says he saw Skinner strike
HAYWOOD I will mash his face as liar.
Let the trial be postponed and not let |
it be held because of public clamor.
We do not ask removal of the case
Here in Wake Ernest Haywood was born
and reared He wants to stay here and |
be tried by his own people. but he wants
the trial put off till the people of his |
own county will not be led against him
by thirst for blood.
SOLICITOR DANIEL FOR TRIAL,
In reply to Mr.. Pous plea for con-
tinuance Mr.. Walter e. Daniel, acting /
next spoke and urged that the
trial take place at this term of the court.
He said:
81 am surprised at the line of argyll
ment made by the counsel for the dc
PENDANT in addressing the court upon a |
motion for a continuance, and / did not
intend to reply to that part of the argu-
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