The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-06

Dixon, the State Auditor R. H. Bradley.
Marshal and Librarian of the Supreme
Court; Mayor A. NJ. Powell, of Raleigh
Major j. H. Hill, of Raleigh; S. w. Ter
rell, of Wake Forest; Dr. L. P Sorrell. of
near Raleigh; ]. H. Moring of Morris
vile; C. R. Scott, of Cary; F. A. Whitaker
of near Raleigh, member of the Legisla-
ture; Rev. W. G. Clements, County Sup.
erintendent of Schools. all gave Mr.. Simms
and Mr.. Briggs a good character. DR..
Sorrell was asked also about Mr.. Charles
B. Hocutt, and said his character was
good; but on cross examination said that
his knowledge of Mr.. Hocutt was confined
to slight acquaintance.
Rev. A. A. Pippin, of Wakefield, and ].
P. Whitley, of Raleigh, also gave Mr..
Slmms a good character.
SCHMITZ'S TESTIMONY.
Next Bernard A. Schmitz, the young
lawyer of Baltimore, was examined by
Col. Harris. He was at the Citizens
Bank Building corner, with Mr.. Hocutt
at the time of the shooting. Mr. Hocutt
and he had walked down Fayetteville
street, and stopped on the corner. Mr..
Hocutt called his attention to the post
dice. minute after that he saw two
men, one with his back to them. near
the south steps of the postoffice The
one with his back had hold of the lapel
Of the others coat, apparently in argument
| Then he saw the man0with his back to-
ward him strike the other man with his
/ left hand on the cheek and knock him
against some obstruction, and jump back
eight feet or so, with his left hand on his
hip pocket, half turning, and took a step
or two forward toward Haywood Then
| he heard the first shot and Skinner
started off. When witness heard the sec
ond shot Skinner was near the car-track.
Mr.. Schmitz started to say that Skinner
appeared to him to try to draw re-
volver, but was stopped by counsel for the
State.
Witness had been at Southern Pines,
and had met Mr.. Hocutt there when he
was there as agent for Darneil G. Thomas,
in reference to pianos. He had not known
Mr.. Hocutt before. At Southern Pines
Mr. Hocutt had invited hi.c to call by his
store when in Raleigh, and he did so.
! Cross-examined by Senator Woodland,
Mr. Schmitz said he had probably stepped
off the curb stone when his attention was
attracted. There was carriage near the
bill-poster in front of the postoffice. TTe
did not see any fight He would not call
it fight. But the two men were appar-
emily excited, one catching hold of the
coat of the other and almost Immediately
the blow. He did not testify before that
Skinner caught hold of Haywood's coat.
He noticed the omission when he read his
testimony afterward. He could not see
what Mr.. Haywood did, but saw him drop
against the steps or some obstruction. 1t
seemed that Skinner caught his coat with
1 80, AINA
cheek He then stepped back some eight
| feet, he could not say for what. Haywood
and Skinner were then opposite each
other Then, when he went back a step
or two toward Haywood he was turned a
little so that his left side was partly turn
| ed toward Haywood.
Senator Woodland asked if since his
statement before the judges, his attention
had not been called to the impossibility OF
man standing face to face to another,
as he had said then, being shot in the side,
and if his present statement was not an
attempt to reconcile that statement Mr..
iSchmitz said that he had read his testi-
mony himself but no one had said any
thing to him about it.
| Mr.. SchmitZ said that when Skinner
started to advance to Haywood his left
hand was drawn back to his hip, and he
could not see the hand. The motion ap-
peared threatening to him. Witness did
not notice anyone particularly on the
sidewalk in front of the postofflce except
the two men in argument.
Mr. Schmitz left Raleigh Monday and
went back to Southern Pines, where he
stayed until April He knew Captain
Clark, C. E. Peck and Father O'Brien.
Senator Woodland asked witness If he
did not tell Mr.. Peck on Tuesday that he
was in Raleigh and standing within six
| feet of Haywood when he shot Skinner.
Mr.. Schmitz said ne did not say that, but
had said something to Mr.. Peck about 1t,
and to several others. Counsel asked If
he said that Haywood shot him in the
back and that it was a cold blooded muir
der, and witness positively denied It.
Court ruled this out as an opinion OF the
witness. Witness said he spoke to
Captain Clark day or two after
ward, but did not tell him that Hay
wood shot Skinner in the back as he was
leaving him, or that Skinner was in the
street when the shots were fired.
| Senator Woodland asked if, when wit
ness attention was called to Mr.. Simms'
statement. he did not say to Captain A. M.
Clark that if Simms said there was fight
| between Skinner and haywood, ne ned.
for that he Schmitz saw it all, and there
was no fight Mr.. Schmitz said he did not
say it that way. He denied the state
ment He did tell those gentlemen that
there was no fight, for he saw only one
blow. He could not possibly say it was
| cald- blooded murder, for as an attorney
he could not have so considered it, lie
| had not seen Mr.. Simms' statement, and
did not remember any conversation Of
the kind. Any such statement was not
so. He had never seen Mr.. Simms' state
ment until day or two ago. He had
made no statement to E. D. Oslin editor
of the Free Press there. He had not vol
unteered to give him a statement for pub
lication. He may have told him there was
not fight, because he did not consider
one blow fight, and did not care to tell
4 all he had seen. He did not call one blow
fight He would call it an assault. He
started to say detective had come to
him at Southern Pines, but was stopped
| by counsel for State. During the argu-
ment of counsel Mr.. Schmitz said the
gentleman looked very much like Mr..
Strong, whereupon Mr.. Strong denied that
he was the man. Finally Judge PEBBLES