The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-03-25
GIVES REASON FOR DELAY
Public CIamor, Newspaper Reports, Failure to
Obtain Material Witnesses, Lack OF lima 10
Prepare, but DOES mol Desire That
Trial lake Place Out of
Wake County,

Wake County.
At the time of the arragnment of Mr..
| Ernest Haywood yesterday in court here.
indicted for the murder of Mr.. J. Ludlow
skinner on the twenty first of February.
continuance OF the case was granted
till the July term Of the court begin
ming on the thirteenth of July. the trial
to start on the sixteenth when special
K. B. PEBBLES who is to preside The
continuance was granted after argument,
and on the following affidavit made by
Mr.. Ernest Haywood, the defendant, The
case being entitled the State VS.. Ernest
Haywood.
THE AFFIDAVIT OF HAYWOOD.
Ernest Haywood, being duly sworn.
deposes and says; ! am the defendant in
! che above entitled ease: and / am not
ready for trial at the present term OF
court. l do not think l ought to go to
trial at this term. Among the many rea-
sons why l an not ready for trial at
this term of court / will mention the
| following:
First: The homicide was on the 2lst of
February, just 80 days before this court.
and my attorneys were all busily en-
gagged in matters then requiring their
closest attention, and they were unable
TO Immediately give my case the atten-
tion which viii be necessary to prepare
it for trial within so short a period Col
Argo, Capt Day, and Mr.. Ryan were
engaged in the trial of King VS.. The Sea
| board Air Line in the Superior Court OF
| Wake county which convened the 23rd
of February and continued for two
weeks Immediately after that court was
over, Capt. Day was called to Halifax
court. where he was detained for about
! ten days, and was then called to Ports
mouth, Va. Other of my counsel were
engaged in matters which could not be
neglected. and it was not until those
matters were gotten out of the way that
they were able to begin the thorough
preparation of my case. All of my at
torneys were engaged in February term.
1908 OF Wake Superior court with other
cases.
All of my counsel inform me that
while they have made great progress in
the preparation OF my defense, that the
preparation Of my defense is not by anv
+NNAt' Imp 1uty lSlt IlG IU1f not
a day passes in which they do not dis
cover some testimony relative and ma
terial to my defense; and that they are
informed that much evidence still exists
favorable to me which they have not been
able to produce in court and will not
be able to produce at this term. They
inform me that they have already seen
and examined a number of witnesses and
n
nesses whom they wish to see. but that
they have not yet had that opportunity
They further inform me that it will be
impossible 20 summon my witnesses in
time to have them here at this term of
court Several live out of the State ana
promise to come when notified. il given
sufficient time to arrange their affairs
so that they can leave home | know of
witnesses in Maryland and Virginia who
are material and necessary to my de-
fence and who have promised to come on
the terms before stated Besides this.
there are a number of witnesses who are
material to my defence living in distant
parts of North Carolina; and it win re-
quire some time te have process served
upon those witnesses. and have them in
attendance 1t has mo- been possible
for my attorneys to discover, locate, and
examine all the persons whoAare materiaR.
witnesses in my behalf, and To- that -
tent my case at this time is unDreaarsd.
Second: That because of the fact that
the Solicitor of this district, Hon.
Armistead Jones. was disqualified to act
in this case and because no person had
been appointed prior to this court to
prosecute on behalf of the State. there
has been no one authorized to speak for
the prosecution. with whom arrange
ments might be made looking to tho cot
ting of this case for trial or to announce
to my counsel whether this case would
be tried or not On the 9th of March. in
the afternoon. Mr.. James Fl. Pou. one
OF my attorneys, had a conversation with
Senator II. e. Norris, one of the counsel
for the prosecutors. in which Mr. Pou
suggested to Senator Norris that it
should be ascertaned before court
whether the case would be pressed for
trial al his term of the court or not Mr..
Norris asseuted to this, but hts given
no such information. Due, doubtless 10
the fact that no one had J. cen appointed
to prosecute on behalf .; the State lie
was not able to give to Mr.. Pou the in
formation which he desired, and neither
] nor my counsel have been alle 10 as
&C ertain wLef her my case would be called
for trial at ;his tern Of IN" court o. not
Col. Arao made similar remr st Of Nr.
Jehn +. Woodland, 6ne cf he counsel for
the prosecutors He received similar
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