The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-06-02
HEARING WILL
CONCLUDE TODAY
Argument of Counsel in Haywood Petition
Began Yesterday Afternoon. The
Evidence All Ia.

the south line of the post office to the
north line of the court house is IA feet,
inches.
Asked IT he had ever stood in Gwaltney's
drug store and seen the telephone pole in
from OF Hicks drug store, he said ne had.
+ On cross-examination by Mr.. Holding,
Mr.. Rose said that he did not think a
person standing In Gwaltneys drug store
Ia the position described could see a per-
son standing on the parapet of the post
office. four feet from the building Then,
after applying rule to his chart he cor
rected the statement and said a person
IN that position could be seen.
Mr.. Holding then asked permission of
the Judge for Mr.. Rose to 60 immedi-
ately and make. a personal investigation
as to this point. AT the request of the
defense Solicitor Daniel accompanied Mr..
Rose and Mr.. Holding to the drug store.
While they were gone the defense put
Judge James E. Shepherd on the stand as
character witness for Mr. R. N. Simms.
After Mr.. Rose returned to the stand.
he frankly told Mr.. Holding that he had
not taken down the measurements he
made while down stairs. Some one said
that Mr.. Britton, of the News and OBJ
server, had taken down the measure
ments. The prosecution asked for them
and they were used by Mr. Rose to re-
fresh his memory.
First, when the court proceedings began
again, Mr.. Holding showed Mr.. Rose the
photograph previously exhibited at the
trial and asked him if it was good pic
ture. Mr.. Rose said it was.
I7hnv~ NJ
must stand from the post office building
to the south of the southern steps in or
der to be seen by a person at the extreme
eastern end of Gwaltney's window Mr.
Rose answered 9 feet II inches.
Then asked how far a man would have
TO be standing to be seen from a position
215 feet from the extreme eastern end
of Gwaltney's window The answer was
IL feet inches; but then Mr.. Rose could
not say whether this measurement was
from the parapet or from the postoffIce
building itself, as he had not taken down
the figures himself.
The defense stated that Mr. Britton
said the measurement was taken from the
paTapet.
Although both sides were willing to ac-
cept Mr.. Britton's statement, it was fin
take the measurements again. So he
went down once more.
When Mr.. Rose got back on the stand
he said that he would like to state that
Mr. Britton's figures as he had set them
down were correct.
From the southern setps of the post |
Office to the south corner of the post of
flee, Mr.. Rose said was Is feet
Mr. Il
examined by Mr.. Woodland. He is |
clerk IN a hardware store in this city. |
Asked as to Mr. Hocutts reputation, he |
characterized 1T thus: "A man that does I
not DO what he says and does not pay
his debts"
From what he could learn from others |
Mr. Hocutt's character was bad
Capt. Day cross-examined the witness
and asked him if he could not find some /
thing else bad against Mr. Hocutt. He
asked II every man who did not pay his
debts was dishonest Witness said if he
could pay the debts and did not he was
dishonest.
Capt Day went on in a very sarcastic
tone to ask if every bankrupt was a
rogue. Witness again said that if the
man did not pay, and could pay, he would
be dishonest Mr.. Hocutt owed Mr.. Prince I
between fifty cents and a dollar.
Mr.. w. n. Smelling, a book-keeper of this
city, said he had known Mr.. Hocutt ten
or twelve years. His reputation was not
good. Cross examined by Capt Day, wit
ness said he was a steward in the Cen
tral Methodist church Asked if they had
many bad characters in the church, Mr..
Smelling replied they had some.
/
Mr.. Hocutt's character was not very good.
Capt. w j. Moore, a grocer of this city, I
who had known Mr. Hocutt four or five
years, said his general reputation was
bad.
Capt. Day asked for what his reputation
was bad. Well said the witness, it was
something like a mule. If he kicked, he
was bad mule. What would the mule
be bad for? Bad for kicking. This wit
ness said Mr.. Hocutt did not pay his
debts and that he told falsehoods
He owed Mr.. Moore % to so cents Wit
ness would not credit him for a larger
amount. AS far as character was con
ccrned. 20 cents was as much as S5OO,O00
Mr.. o. G. King, the druggist OF Raleigh
was examined by Mr.. Norris: About two
Or three weeks ago in the store Mr. Ho-
cutt said he expected to be a witness. He
had seen the shooting. and had seen Mr..
skinner going across the street and Mr.
Haywood shooting at him He saw no
,ltercation Witness said to him then
hat he had not seen what Mr.. Simms
lad seen. If Mr.. Simms had seen blows, |
Nr. Hocutt went on to say that if Mr. |
simms said he saw blows he saw more ]
han he had seen.
Witness said he did not think Mr. Ho- /
,utt's general character was very good. {
Capt Days oss-examination brought