The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-10-14
Haywood Case to Jury
Today.
Continued from First Page.)


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out Mr.. Austin said that after the first
shot Mr.. Skinner was getting off the SIDE
walk, running and lodging around the
carriage, turning so as to put his left side
to Mr.. Haywood, and at the moment OF
the second shot threw both hands to his
side. Mr.. Wigs said that at the moment
of the second shot Mr.. Skinner had the
appearance of trying to pick up his hat;
that he was lodging behind the carriage,
and was in position to receive the fatal
snot. in STOPPING position Mr.. Simpson
testified that Mr.. Skinner was looking back
at the second shot and at the instant
gave way, or linched. and threw his. hands
to his side, that in trying to dodge be-
hind the carriage he put his left side to
Haywood. Mr.. Murray said that while
Mr.. Skinner was retreating he was look
ing up the street with his left side to-
ward Haywood, and as he cleared the
carriage ne clasped his hands to his side
and tottered. Mr.. Johnson says that at
the second shot he at once threw his
hands to his side and staggered Mr..
Green said that just at the second shot
Skinner threw his hands to his side and
at once weakened. Mr.. Matthews said
that when he first saw Skinner he was
running with his head turned over his
shoulder, with his side to Mr.. Haywood,
and at the second shot weakened. Mr.
| Warren said practically the same. MIR.
! Rowland said that just at the second shot
ne raised his hand to his chest and stag
gered. Mr.. Woods, who was just north
/ of the south steps, saw Mr.. Skinner i'm
mediately after the first shot. and he was
then several steps out in the street 60
/ 49, h. A I
/ him clasp his hands to his side and stag
ger. John Harrington thought he was
struck both times, because he thought he
saw him shake his head at the first shot.
That was when he turned his head
John said he turned to the left, and then
was struck by the second shot Jones
Fuller saw the first shot, and Mr. Skin
ner had taken one or two steps in he
street, and his back was to him, and
that he went on off, and after he got in
the street turned to the north, and in
stantly at the second shot threw his
hands to his side and staggered. Doesn't
Mr.. Simms say the same thing? He says
the deceased didn't pause after the first
shot nor before the first shot. The first
time he saw him stagger was after the
second shot, after Mr. Skinner had
emerged from behind the carriage. Mr..
Briggs tells practically the same thing
He saw Skinner look back to Haywood
just as he went behind the carriage and
instantly came the flash of the second
shot and then saw Skinner staggering.
Mr. Schmitz and Ned Barnes are the
only witnesses that give any support
whatever to the theory that it was the
first shot that struck Skinner, and even
Mr.. Schmitz says that at the first shot
Skinner was facing Haywood at only a
slight angle. Schmitz had said he did not
understand that Mr. Skinner was shot in
the side. The truth was he had studied
so many charts and diagrams of The
wound that his mind was confused. He
was puzzled, and there are thousands of
others that are puzzled as to how man
could be shot in the side while facing
the man who shot him.
Mr. Hocutt had put Mr.. SINNERS left
side to Mr.. Haywood at the time of the
second shot. George Burst put Mr.. Skin
ners back toward Mr.. Haywood at the
first shot and after the first shot
Every witness save Ned Barnes has put
the deceased in such a position that he
could not have received the fatal wound
at the first shot Almost one hundred
witnesses have testified to circumstances
that make it as clear as the monday sun
that MI. Skinner was struck at the sec
ond shot
Upon that review of the testimony Mr..
Gillian submitted that there was no oc-
casion for the taking of the life of Iud-
low Skinner Mr.. Haywood did not wait
to see whether or not his life were N
danger. He had no thought save of re-
venge for the blow, and when the first
shot miscarried. his malice was so deep
I.l. 1. III. Ill. ,l,Nf
and there murder was done.
While self-defense should be respected
great care must be exercised least it De
abused.
Mr. Pou had said that Skinner attempt
II ed to get his weapon but that he was
not an adept and the pistol got caught
1t were blessing had Ernest Haywood
not been such an adept in the handling
of his weapon, that he had been less
quick and expert. Not a bit of evidence
was there to support Mr. Pou's theory
but his own imagination. The clothes
were not shown to prove it.
1t, was twenty-five minutes to eleven
when Mr.. Gillian concluded. He had
spoken a little over four hours.
CAPT w. H. DAY.
Capt w. H. Day for the defense i'm
mediately followed Mr.. Gillian.
Captain Day started out by saying that
Mr.. Gillian had been peculiarly unfor-
tunate with the usual misfortunes Of
genius in that he had separated himself
! from the actions of every day mortals.
He had absented himself from his asso-
ciates during their speeches, and had
spent two hours in arguing for something
that his associates admitted there was no
evidence to prove, namely, that Ernest
Haywood had malice in his heart. What
was the jury going to do with such argu-
ment as that? Mr.. Norris and Mr. Strong
had said there was no evidence of malice,
and here comes Mr.. Gillian who says
there is. Is mans life to hang in the
balance because of the conflicting opinions
of counsel on the same side?
When had the jury ever heard of CAPT
tai case conducted in North Carolina
where the State was not represented?
1t was true that Mr.. Daniel occupied a
dual position Solicitor, but Le was also
retained by the prosecution, and his bust
ness was to convict.
Captain Day then dwet upon the ac-