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VOL. 22. SMITHFIELD, N. C., FRIDAY, OCTOBER 23, 1903. NO. 33
THE HAYWOOD VERDICT.
What the State Press Has to
Say of the Trial and
Judge Peebles.
?It is now to be presumed that
when a poor fellow in llalei<jb is ^
caught with a pistol he will be
heavily fined, or sent to the roads,
but if he kills his man quickly he
w ill be acquitted.?Durham Sun.
?In the cent-a-word column of
the Charlotte Chronicle some
body adverti-es "fresh hog has
lets" for sale. Sell 'em to the
courts to slap the goddess of jus
tice in the face with.?Gastonia
Gazette.
The taking of a human life is
the one thing for which no excuse
(ran be offered. It is murder.
And justice demands a life for
life.* It is up to the North Caro
lina officials to see that justice
enforced.?Danville Dee. This has
reference especially to the Hay
wood trial, and while our con
temporary is correct in saying
"it is up to the North Carolina
officials to see that justice en
forced," it may be stated as a
fact that in this particular case
justice will Lot be enforced. It
will not do to hang a man who
belongs to a prominent family
and has money and influence.?
Henderson Gold Leaf, Oct. loth.
?Judge Peebles was true to
Mr. Haywood to the last.
It is an easy matter to make
out a case of self-defense if the
lawyers can get such a jury as
they want.
While we expected that jury
to acquit Haywood, we did not
expect it to be in such a blamed
big hurry about it.
After getting the jury to do
what he wanted it to do Judge
Peebles might have kept his
mouth shut about it.
Now if some of Skinner's
friends should shoot down Hay
wood, to be consistent the courts
would have to turn his loose.
When Mr. Pou said he would
not prosecute a man for murder
he meant that a man should not
be punished for that crime.
Mr. Haywood stands acquit
ted of murder, but it will be little
satisfaction to him to know that
a great majority of the people,
believe he should be doing time;
in the penitentiary.
If those Wilson murderers are
still in jail their bonds should be
reduced to a figure where they
could give it. (Jne murderer is
no better than another and
should be treated no better.
The Wake county grand jury
has not indicted Mr. Haywood
for carrying a concealed weapon
and it shonld nob. If there is no
harm in killing a man there can
certainly be none in carrying a
deadly weapon ?Durham Herald.
?The trial of Haywood that
has bt en going on in Raleigh the
past two weeks came to an end
Wednesday when the jury re
turned a verdict of not guiltv.
After the evidence was all in the
prosecution abandoned murder
in the first degree. From begin
ning to end it was not more than
a farce or mock trial. Haywood
murdered Ludlow Skinner with
out sufficient provocation in the
broad open day light, on the
main thoroughfare of our capital
city, and yet because he was a
lawyer, a man of wealth and high
f imily standing, he is allowed to
go scbtfc free. This murder was
committed in February, and we
verily believe that if he had been
a poor man without money, in
fluence, etc , he would have been
hung long ago. We dislike to
criticise the verdict of a jury but
we must say that this jury and
all conected with thecasedeservep
the severest criticism and the
setting of this man at liberty
has cast a stain upon the good
name of this grand old common
wealth that it will take many
years to out live. Rut enough
said for this time. Haywood,
although acquitted by a jury,
will always stand before the peo
ple of North Carolina as a mur
derer unpunished.?Warrenton
Record, Oct. 10th.
?At auy rate Judge Peebles
has no occasion to lind fault with
the verdict of the jury.
The defen?e certainly has no I
cause to complain of unfairness
to their side on the part of Judge j
Peebles.
If the twelve men who turned
murderer Haywood loose were J
hung themselves justice might be j
satisfied.
We hear of hung juries some
times but hanging juries now;
and then might be promotive of j
law and order.
The next of kin to Mr. Skinner
should do for Mr. Haywood what
the court and jury failed to do.
Of the two cases perhaps in
Tillman's there was the greatest J
provocation for the killing, butl
Haywood's trial appears thebig
ger farce.
Haywood saves his neck Out
the verdict of the jury does not
alter the fact that he is a murder
er who shot his victim in the,
back and ought to be hung.
The twelve men who turned
1} ay wood loose may have acted
conscientiously but it would be
hard to convin-e some people
that conscience had anything to
do with it.
Judge Peebles may not have in
tended it but his course in the
Haywood trial cannot but im
press a disinterested outsider
with the fact that he was for the j
defense all the way through.
xi ay wood 6not tskinner in tne
back and killed him as he was
walking away from him. But he
will not hang for it because the
murderer belongs to a prominent
family and has money and in
fluence to back him.
After being out fifteen minutes
yesterday the jury acquitted
Ernest Haywood of the murder
of Ludlow Skinner in Raleigh.
While it was not believed that he
would be hung the action of the
jury in acquitting him altogeth
er occasions indignation and dis
gust nevertheless. ? Henderson
Hold Leaf, 15th.
?Nobody need be surprised at
the verdict in the Haywood case.
It is what was expected, but it
really looks as if Judge Peebles
was disposed to "slop over."
Under the evidence and the law
Havwood was not guilty of mur
der in the first degree; he may
have been entitled to an acquit
tal, as the jury found, but the
general public will never believe j
it.
And Tillman was acquitted!
also. That, too, was expected, j
But the jury in his case acted
more decently than the Hay
wood jury. Tillman's jury stay-j
ed out about a day and profess- j
ed at least to be considering the
case. The Haywood jury hur-;
ried back so promptly as to
cause one to wonder if they!
didn't have their minds made up
from the beginning.
(ientlemen who are not on'
good terms with other gentlemen
should be warned by the events
in this State and South Carolina
as to their conduct. If you are
tempted to. strike a man either
examine him first to see whether
he has a weapon or postpone the
striking until you have one.
Then, when you have your wea
pon handy, and have struck your
adversary, begin shooting imme
diately if not sooner. You can
claim self defence on the ground
that you thought he was going
to draw; if you don't get him
first he will certainly get you and
claim self defence on the ground
that your actions indicated that
you were going to shoot. If you 1
are unarmed or for any reason
not disposed to engage in gun
practice, it would be well on 1
meeting an enemy to elevate 1
your hands above your head and
keep thebi there while in sight of 1
him: by all means keep your '
hands out of your pockets. If i
you make the slightest move
ment he will kill you and secure
acquittal on the ground of self
defence. By observing these ,
rules one may manage to escape. ]
?Statesville Landmark. (
Judge Peebles can hardly be ;
expeatf*! to enjoy or appreciate 1
what the papers are saying of \
him, but ail this was doubtless
inticipated.?Durham Herald. 1
?Haywood and Tillman are
both free men, not guilty, acquit
ted, cleared, exonerated. The
courts have declared Skinner and
Gonzales murderous dogs who
deserved to be shot down on the
highway.?Gastonia Gazette.
?The juries in Raleigh and
Lexington have decided that
Haywood and Tillman both acted ]
in self defence and have acquitted j
them of any violation of the law
of their States. This ends these
important and sensational mur
der trials. There are other mur
der trials in this State which will
soon be put beforejuries, in which
the defendants are not so promi
nent socially or financially. We
have the curiosity to know what
the verdicts in t' ese cases will be.
?Wilmington Messenger.
?The court which tried Ernest
Haywood for murder declared
him not guilty. Rut Ernest is
a ruined man. There will be no
peace for him this side of the
grave. Ludlow Skinner who died
by violence at the hands of Hay-:
wood will appear many and j
many a time to Ernest Haywood
to drive peace from his mind and
sleep from his eyes. Ernest Hay
wood goes free, but there is not
gold enough in the world to in
duce any'one to take his place,
and suffer as he must suffer in
mind and in conscience.?Monroe
Enquirer.
?If there is any difference of J
opinion among the Charlotte'
lawyers and public, relative to
the verdicts in the Haywood and
Tillman cases, reporters have
not been able to find it. The
word "disgrace" is heard often
est, and it is made to apply to
both States. If popular opinion
here were to be put in print Judge
Peebles might hold that an entire
community is in contempt of
Court; and the statement that
?1 udge Peebles was the strongest
lawyer for the defense in the
Haywood case is said too often
to be at all flattering.?Charlotte
Observer.
?The people are losing respect
for our courts, and it is coming
to pass that if a man has wealth
and professional influence he may
murder his fellowman without
fear or legal retribution. Is it
any wonder that lynch law and
violence are taking the place of
legal procedure? We think not.
The wonder would be, if no con
dition of anarchy arose from the
weakness and cowardice of
courts.
This thing of shooting a man
down without giving him a chance
for his life is horrible?worse than
some of the darkest crimes of the j
feudal age. It causes thoughtful
men to wonder if their time will
come next. This makes every
man afraid of his brother, for
none know the hour ofas-assina
tion. The thing must end or we
are all headed toward the hell of
anarchy.?Greenville lpfiector.
October 15th.
Attempted Bank Robbery at Spring
Hope.
Four masked men attempted
to rob the bauk here'about 3
o'clock this morning. Several
blasts were made in the effort to
blow open the safe. This aroused
a number of citizens of the town
who started to the bank but
were held at bay at the point of
pistols. The first man to run up
on them was caught and bound.
Seeing from the arrival of others
that their plot was discovered,
the robbers fled. An examination
showed that the outer door of
the safe was wrecked by the
blasts but the robbers did not
succeed in blowingopen the inner
door, which doubtless they
would have done but for the
citizens being aroused by the
explosions.?Spring Hope Dis
patch, 14th.
Broke Into His House.
S. l^etjuinn, of Cavendish. Yt.,
was robbed of his customary
health by invasion of Chronic
Constipation. When Dr. King's
New Life Dills broke into his
house, his trouble was arrested
and now he's entirely cured.!.
They're guaranteed to cure. 25c!
at Hood Bros. Drug Store.
STATE NEWS NOTES.
Some of the Week's Events
Scissored and Condensed
from the Press.
There was a lire in Rocking
ham, X. 0., Tuesday ; loss about
$75,000.
Postmaster Lewis, of Madison,
is $500 short in his accounts and
his otlice has been turned over to
his bondsmen.
Burglars secured about $150
in cash from the safe in the store
of E. A. Williams, at Battleboro,
Thursday night.
Two white girls were burned to
death in Gates county a few days
ago while attempting to kindle a
lire with kerosene oil.
Petitions are being circulated '
in Wilmington askiugfor an elec
tion in that town to decide be
tween saloons and a dispensary.
Near Fayetteville Saturday
night Jim Sawyer, colored, shot
and killed another negro named
Jo. Stark. Sawyer charged Stark
with destroying his domestic
peace.
An unsuccessful attempt was
made to burn the store of Mrs.
Mary liarringer, Lockville, Chat
ham county, Friday night, but
the lire was discovered and extin
guished before damage of conse
quence resulted.
Crazed by drink, Dr. J. V. Jay,
of barnardsville, a prominent
physician in the northern part of
buncombe county, killed with a
claw hammer his three children,
aged two, four and six years,
after driving his wife from home
Saturday morning and then at
tempted to burn his house. Pass*,
ing neighbors discovered him at
this stage, bound him, extin
guished the fire and carried him
to the Asheville jail.
Four State prison convicts
escaped from a camp near Dunn,
on the Cape Fear and Northern
Railroad, a few days ago?two
white and two colored. Dolph
Vinson, white, was sent from
Rowan in November, 1901, for
three years for secret assault;
Jesse Knott, colored, was sent
from Rowan in 1899 for 15 years
for murder in the second degree.
Of the other two ttie negro was
from Wake and was serving three
years for larceny, and the white
man was from Halifax, serving
five years for larceny.
Killed the Preacher at a Funeral.
Rev. N. D. Hogan, a minister
of the Methodist Episcopal
Church, was stabbed and killed
today while conducting: the
funeral of Frank Seth by Frank
Headen, a brother-in-law of the
deceased. The preacher and
Headen had had a bitter dispute
as to the funeral arrangements,
Headen, whose views|are peculiar,
insisting that Seth be laid away
without ceremony, and the
minister wishing to conduct the
funeral with the usual ritual
The minister carried his point
and the funeral was in progress
when, just, as the body was
lowered, Headen rushed at Hogan
with a knife and disemboweled
him. Iu the excitement which
followed the entire party left the
cemetery with the coffin and the
open grave ungarded. Later
another preacher was secured
and the funeral was held ?Hlairs
ville, Ga., Dispatch, lfith.
Confessions of a Priest.
Rev. ,fno. S. Cox, of Wake, Ark., i
writes, "For 12 years I suffered
from Yellow Jaundice. 1 consult
ed a number of physicians and
tried all sorts of medicines, but
got no relief. Then 1 began the
use of Electric Hitters and feel
that I am now cured of a disease
t hat had me in its grasp for twelve
eears." If you want a reliable;
medicine for Kidney and Liver
trouble, stomach disorderorgen
real debility, get Electric Hitters.
It's guaranteed by Hood Hros.
Only 50c.
The steamer South Portland j
sunk on the coast of Oregon Sun-!
day; she had a crew of 22 and 14
passengers, k \
Acquittal In Both Cases.
Yesterday's papers told of the
acquittal of Ernest Haywood;
to-day's tell of the acquittal of
James II. Tillmau.
Contrary to expectation at the
time of the slaying of Skinner by
Hay wood,the del'.'-neeestablished,
beyond doubt, that an affray
had preceded the shooting and
that Haywood was struck by
Skinner. It was proved just as
conclusively that having struck
the blow, Skinner began a back
ward movement and was shot
and killed while in retreat. The
jury has said that the killing
under these circumstances was
no crime. To this, public opin
ion will not assent. It was not
murder in the first degree?the
State yielded that point, but it
was a crime of a lower degree; it
was an offense against the crimi
nal law, and all the verdicts of
all the juries cannot reverse that
stubborn fact. Hut the defend
ant had family and personal in
fluence, money, a powerful array
of counsel, and, best ot all, the
judge appeared for him. One of
the jurors has told a Kaleigh
paper that the jury did not de
liberate on the case more thau
two or three minutes after receiv-'
ing the charge?that the remain
ing twelve or fifteen minutes it
was out the jurors were occupied
in packing their clothes.
As in the case above, the ex-;
pected happened in the Tillman
case. Here the defendant shot!
down and killed an unarmed man
who was making no demonstra
tion toward him?shot him down ;
without word of warning. Gon
zales had lashed his slayer with
out mercy. It is no wonder that
he writhed under the daily ex
posures of his personal and offi
cial delinquencies. If. in the pas
sion excited by these attacks, he
had slain his assailant, a great
deal of the best public sentiment
of tbe country would have had a
measure of charity for him. Hut
he was defeated for the nomina
tion for Governor, the attacks
upon him ceased, and months
afterwards he took vengeance
upon his adversary when the lat
ter had no reason to expect an
attack. A pretense of a case of
self-defense was made out, but so
careful a paper as The Yorkville
Enquirer expresses no doubt that
much of this testimony was per
jured and it does not need the ex
pression of this opinion from any
paper, be it never so conserva
tive. to lead the careful reader of
the testimony to the same con
clusion.
Hut God Almighty has im
planted a conscience in the brea t
of every man, and there are two
men, acquitted of murder in the
two Oarolinas within the past
two days, and set free, who will
be haunted to tneir graves by
two white faces.?Charlotte Ob
server, Kith
Point of Law Decided
Durham, Oct. 19?This has
been a hard week on those who
have asked damages against
corporations. In two suits the
jury found with the defendant,
and in another Junge Allen re
fused to let it go to the jury, and
the plaintiff was non-suited. In
one of these suits .Judge O. H.
Allen decided a question of law
that it seems has never been
decided in this state, or in any of
the courts so far as the lawyers
could find. It was the question
as to whether or not a conductor
should carry back to a station a
passenger that he neglected to
notify when the station was
reached. The judge decided that
it was the duty of the company
to carry the passenger back, free
of cost. Tne case has gone to
the supreme court.
As a result of a fire in the Grady
Hospital in Atlanta Friday night
two negro women died and for
some time the lives of a score or
more was threatened. The two
women died as a result of the ex
citement and not from injuries
received. The negro ward was
destroved but the property loss
is small.
The Long bridge at Washing
ton, 1). C., has been repaired and
trains are running as usual.
t
Marriage In Washington City.
The marriage of Miss Itobena
Atkinson, daughter of Mr. and
Mrs. Thomas 11. Atkinson, and
Mr. Charles Edgar McLean, of
Burlington, N.C., took place yes
terday at 4:30 o'clock at the
home of the bride's parents, 814
Thirteenth street northwest. Rev.
Randolph H. McKim, of the
Church of tue Epiphany, officia
ting. The ceremony was wit
nessed only by relatives and a
few intimate friends. Miss Cora
L. Richardson, of Selma, N. C.,
was maid of honor, and Miss
Mattie Grigg, of this city, brides
maid. Mi. N. S. Cardwell, of
Burlington, N. C., acted as best
man, and Thomas 11. Atkinson,
dr., as groomsman. Miss Nellie
Hernn, of this city, rendered
Mendelssohn's wedding march.
The parlors were tastefully
decorated with plants, palms and
pink carnations, and the shaded
lights made a very pretty effect.
The bride wore an extremely be
coming gown of white crepe de
chine, elaborately trimmed with
white lace, and carried a shower
bouquet of Bride roses. The
bride's traveling dress was dark
blue broadcloth, with hat to
match. Miss Richardson wore a
very handsome gown of white
silk, and Miss Grigg a lovely
mousseline over white silk, both
carrying pink carnations.
The popularity of the contract
ing parties was shown by the
splendid collection of gifts. Mr.
and Mrs. McLean left at 0:30 for
an extended trip through the
South, after which they will reside
in Burlington, N. C., where Mr.
McLean is engaged in tne prac
tice of law.?Washington Post.
10th.
Educational Evening at Kenly
Academy.
Heretofore it has been the cus
tom of Kenly Academy to ob
serve what has been known as
"Educational Day." This year,
instead of observing a day, an
entertainment was given last
Friday evening with special refer
ence to arousing as much edu
cational enthusiasm as possi
ble.
Prof. E. P. Mangum, Superin
tendent Wilson Schools, was the
principal speaker and made a
address. Prof. Mangum is one
of the best city school superin
tendents in the State, and is a
thinking leader in his work. He
pointed out the fact that the
private high schools have had
their day in North Carolina, and
that the high school of the future
will be supported by publicfuuds.
The speaker showed clearly that
all the public schools of the en
tire State will be supplemented
by fuuds raised by special tax
within the next decade. Each
county will have one or more
high schools supported by public
fuuds; these high schools will fur
nish the intermediate steps be
tween the rural graded schools
and the State University, and in
this way the system of State
education will be complete.
Prof. Mangum's address was
full of good, sound reasoning, ?
and was greatly enjoyed by all
who heard it.
i>11 1? i?
unci nuns were aisu iuaue u_y
Couuty Superintendent Turliug
tou, and Mr. Hardy, of the News
aud Observer staff.
In addition to the address, sev
eral pieces of instrumental and
vocal music were rendered. The
recitations by six or eight of the
younger students were of a high
order, aud greatly enjoyed by
the at dience. The exercises were
enjoyable to all who attended,
aud we feel sure a great deal of
good was accomplished.
Visitok.
?John Alexander l>owie, the
Elijah the second, of Zion City,
near Chicago, says that he ex
pects fifty millions of dollars to
How into his church treasury after
he and his followers have evun
gelized New York city, and that
he will then build two more Zion
Cities, one ou the Pacific coast
and another one on the Atlan
tic.
Spain will send a warship to
New Orleans in connection with
the St. Louis Exposition.