The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1903-03-27

he did not know what the trouble was
about, but that Mr.. skinner struck Mr.
Haywood and Mr.. Haywood shot Mr..
Skinner. Mr.. Dockery remembers this
distinctly, describes the appearance OF
the colored man who made the state
ment, but does not know the name Of
the colored man; and while my ,
sci nave made diligent efforts to aScer-
tail who this colored man is, they ave
not been able to do so. Many cOlored
men have stated to them that hey |
We're afraid to talk: that this was
white folks business and they were
afraid to say anything. Some said
that they had been advised hat they
had better not know anything about
this transacation. 1 am advised that
there is some question about the adj
instability of Mr.. Dockery's testimony
unless 1 can produce the negro who
made the statement to him. 1 have
made every effort to find who this col
ored man is. but 1 have not up to this
time succeeded, but believe / will sue
coed with a little more time.
The Rev. j. B. Hurley, a Methodist
minister of high character. now the
presiding elder of the Fayetteville dis
trict, coming from the depot, was near
the corner of Fayetteville and Martin
streets when the shots We're fired. He
heard some one ask a colored man
what the trouble was about, and a
colored man made in his hearing a
similar statement to the one made to
Mr.. DOckery. 1 lave not been able to
ascertain the name of this cOlOred man.
I fear he has been deferred from speak
ing because he anticipated such an at
tack as had been made upon Mr.. Simms
n that, not being we'll known lik
Mr.. SimmS is, he vas not in position
to Withstand it.
Mr.. Thomas Blake heard a white
| man say that Mr.. Skinner and I had
| fO1lOht hr1t nv counsel ave NOT hapn
able to find out who it was that had
the conversation with Mr.. Blake. and
Mr.. Blake does not know the mans
name.
The Rev. D. P. Goode, of Burke
! county, living neal Rutherford College.
was in Raleigh at the time of the homi-
eide, n states that he knows of a
man and woman who would give very
material evidence in my behalf relative
to threats made against me on Satur-
day morning, February 21st, showing a
purpose upon Mr.. SINNERS part to
attack me that day. My attorneys have
earnestly requested Mr.. Goode to give
me the names of those witnesses, but
he says he will not 10 so unless COM
PEELED by the process of the court. I
have done my best to ascertain the
names of these witnesses from the Rev.
Mr.. Goode, and ave sent a friend to
see him, but he only repeated substan-
TALLY the statement given above.
My attorneys lave received letters
from several places. stating that there
are witnesses who saw the transaction
and whose testimony will corroborate
that of Mr.. Simms, but they have not
as yet been able to procure the attend
ance of those witnesses. While I pre-
fer not to annex those letters to this
affidavit, I am willing hat the letters
may be submitted to Your Honor in
order that you may pass upon their
| genuineneSS and God faith.
Fifth. L am not ready to go to trial
at this term of the court because OF
the unavoidable absence of a number
Of witnesses whose testimony is ma.
terial and necessary to my defense.
The following are some of my absent
witnesses.
Mr.. Philip Busbee. He is a resident
of this city and came out of the post
office with Mr.. Ludlow skinner inn
mediately before the homicide. 1 ex-
pect to prove by Mr.. Busbee that he
came out of the middle door Of the
postoffice with Mr.. Skinner; that they
parted Upon the sidewalk; that Mr.
Busbee went across Fayetteville street
owards Martin street and nearly tc
the door of the Citizens National
, Bank, when he heard the first shot
fired; and that if Mr.. Skinner haG
walked across the street, as the prose
cution contend that he did, he would
have had ample time to have gotter
beyond the corner of Johnson's drug
store on Martin street. And [ eXpec1
to prove further by him that Mr.. Skin,
ner had ample time, after they parted
near the pOStOffice door, to have gone
down to the southern end of the post
office, and had the conversation anG
difficulty with me described by Mr.
Simms. [ have had a subpoena issued
for Mr.. BuSbee and placed in the
hands of the sheriff, but it has not beer
served upon him because Mr.. Busbee is
absent from the city, receiving treat
ment in a hospital, where an operation
has recently been performed upon him
n he is not able nOW to leave the
hospital, but is improving and l have
every reason to believe that by the
next term Of the court he will be able
to give evidence in this case.
Mr.. John H. Hammet is a witness fol
me, n / expect to prove by him that
he heard Mr.. skinner say he intended
to kill me. Mr.. Hammet was in the
city Immediately after the homicide
and made this statement to my attor-
neys and promised to be present at
court whenever the case came to trial.
The last time heard from Mr.. Hammet
vas in Suffolk, Va, and one of my
counsel wrote to him, requesting him
to be present at this term of the court,
or to keep IS informed as to his where
abOutS, in order that we might arrange
for him to be present.
Mr.. John s.. Stump, Of Baltimore, Nd.
is a material witness for my defense.
[ expect to prove by hin that both
shots were fired very near together and
while Mr.. skinner was on or very near
the sidewalk, long before he reached
anything near the middle of the street
car track. Mr.. Stump was then in Ra-
leigh and saw a portion of the difficulty.
He consulted with my attorneys and
promised to be present at the trial,
provided he was given q reasonable
notice beforehand, so that he might
arrange with his employers to get off
and sufficient time to enable him to
come to Raleigh. I do not believe it
will be possible to get Mr.. Stump here
I have stated h~ereinbefOre no one was