The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-27
AN AFFIDAVIT
By Ernest Haywood Ask
ing a Continuance
of His Case.

OllON Xix ID (lAC
Ernest Haywood in the indictment
against him for the murder of Ludlow
Skinner on which was based the mo-
ton for a continuance of the case, the
cause being continued until the July
term Of Wake superior court:
Ernest Haywood. being duly sworn,
deposes n says: L am he DEFENDANT
in the above entitled case; and L am
not ready for trial at the present term
of court. 1 do not think 1 ought 70 go
to trial at this term. Among the many
reasons why 1 am not ready for tria'
of this term of court, I will mention
the following:
First The homicide was on the
21st of February, just thirty days De-
fore this ourt, and my attorneys We're
all busily engaged in matters then re-
ouiring their closest attention, and
they were unable to Immediately give
nv case the attention which will Dc
necessary to prepare it for trial WITHIN
so short a period. Col. Argo, Capt.
Day. and Mr.. Ryan were ngaged IN
the trial of King VS.. h Seaboard Ar
Line in the superior court OF wake
county. which convened the I'D OF fep-
ruary and continued for Two weeks.
IMMEDIATE after that court was over,
Cant. Day was called to Halifax court,
where he was detained for about ten
and was then called to Ports
mouth Va. Other of my cOunse We're
engaged in matters which could not Dc
neglected.; and it was not until these
matters were gotten out OF the way
that they were able to begin the thor
ough preparation of my case. All CT
n in ~ =
airy term, 1908, OF wake superior couit
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 any means complete. They tell Me
that not a day passes in which they DO
not discover some testimony relative
and material to my defense; and that
they are informed that much EVIDENCE
still exists favorable to me which they
have been able to produce in court
and will not be able to produce at this
term. They inform that they have
already seen and examined a number
of Witnesses and that there are a num-
Der of other witnesses whom they wish
10 see. but that they have not yet had
that opportunity. They further inform
me that it will be impossible to sum
IIIOIl lily NllllCSSCS II LII ~ 4iN SAb@iAi
here at this term of court. Several
live out of the state and promise to
come when notified, if given sufficient
time to arrange their affairs so that
they can cay home. I know of wit
nesses in Maryland and Virginia who
are material and necessary to my de-
Tense and who have promised to COME
on the terms before stated. Besides
this, there are a number of witnesses
who are material to my defense living
in distant parts of North Carolina; and
it Will require some time to have pro-
cess served upon those witnesses and
ave them in attendance. 1t has NOT
been possible for my attorneys to dis
cover locate. n examine all the per-
sons who are material witnesses in my
behalf, and to that extent my case ut
his time is unprepared.
Second. That because of the fact
that the solicitor of this district, Hon.
ArmiSted Jones, was disqualified 20
act in the case and because no person
had been appointed prior to his court
to prosecute on behalf of the state,
there has been no one authorized to
speak for the prosecution, with who
arrangements might be made looking
to the setting of this case for trial Oh
to announce to my counsel whether his
case would De tried or not. On the
9Th of March, in the afternoon, Mr..
James II. Pou, M of my attorneys,
had a conversation with Senator H. E.
Norris. one of the counsel for the pros
ecutors, in which Mr.. Pou suggested to
Senator Norris that it should be as
certained before court whether the
case would be pressed for trial at his
term of the court or not. Mr.. Norris
assented to this, but has given no
such information. Due, doubtless. to
the fact that no one had been appoint
ed to prosecute on the behalf of the
state He was not able to give to Mr..
Pou the information which he desired.
and neither 1 nor my counsel have
been able to- ascertain whether my
case would be called for trial at this
term of the court or not. Col. Argo
made a similar request of Mr.. John E.
Woodland. n of the counse for the
prosecutors. He received a similar re-
ply from Mr.. Woodland but has no
other information from him. Mr..
Woodlands silence was doubtless due
TO the fact that he was not possessed
of the information.
Third. / do not think my case ought
10 be tried at this term of the court
because the unusual excitement caus-
ed by the homicide and the various
publications. giving principally the ev-
lGence and of the prosecu-
ton. have temporarily created a senti-
ment unjust and hostile to me. and II
would not be fair for me to be placed
upon trial at a time when public sentI-
ment had been aroused against me to
z nigh pitch by unfair statements and
publications, in many instances err
roneous and in all cases incomplete.
Gm satisfied that within a short time
this excitement will subside and that
the people of his county will be will
ing TO hear both sides and to pass
judgment pom m according to the
law and to the evidence. This excite
ment and hostility has manifested it
self in various forms. I will mention
a few.
Shortly after the homicide. 1 am in
1orned' that here were numerous and
apparently serious threats made by
TIE friends and sympathizers OF the
prosecution of lynching me. So loud
ana general were these threats that
the Officers of the law thought it pro-
Per TO arrange for one or two persons
10 sleep in the Jail for one or two
nights in order that 1 might have pro-