OVERDICT YET
JURY STILl OUT
Carouthers Case and Mistrial
Seems Probable—Mayberry
Jury Made Up
The jury which heard the case
William H. Carouthers for
e killing of Noah L. Albright,
ough it has been deliberating
r 21 hours, has not reached a
rdict and while up to noon
iday had not reported it inabil
■ to reach a judgment, the gen
ii opinion coupled with rumor
that, it is hopelessly disagreed
i almost evenly divided.
Ten jurors were secured Fri
)r morning in the case of the
te versus Elbert Mayberry
irged with the murder of
mk Vance last November 7
a room on the second floor of
Planters’ House. Upon the
ult in the Mayberry case,
ges also the trials of Grover
rott, W. S. Thompson and
liam Ballard, who were in the
m at the time Vance was shot
who were indicted at the
iter term of court on the
rge of being accessories be
s the fact.
tuckey and Stuckey repre
; the defendants and the ju
which is to try the Mayberry
!, is made up largely of local
lens as a number from the
liar court panels have al
ly been excused from furth
ervice.
fOURNED TERM OF
COURT.
hat there will be an adjourn
erm of circuit court in De
ber is now almost certain, as
ijority of the local bar ap
ed to Judge Jeffery for such
m in a public hearing Friday
ling, urging that a heavy
inal calendar had prevented
trial of pressing civil suits,
'e Jeffery consented to an
urned term, but did not
c that he would be able to
de as he owed his health,
and best mental efforts to
•emainder of the district as
i as to Jackson County.
; a conference of the attor
, suggested by Judge Scar
ugh, Hon. Charles F. Green
f Brinkley was agreed upon
ipecial judge and being
led by telephone, accepted
rust reposed in him, but it
lot yet been definitely de
wbether the adjourned
will DIO 11AAA 1~\aaawiKav
I3UMENT OF COUNSEL,
e closing arguments in the
am H. Carouthers murder
were made Thursday after
by G. L. Grant of Little
and S. D. Campbell of New
for the defense and H. L.
ler of Walnut Ridge for the
|* These eminent lawyers
i all at their best and their
rsses to the jury will long
|membered by the large au
r which packed the court
land sat throughout the af
|on interested and tense, un
[ul of the passing hours nor
p °f the impassioned ap
I of the speakers,
f ^rant came first and is
|to have made one of the
[talks of his career. He
Pod many points of the evi
r t° show the character or
|sses used by teh defense,
Inlimited evidence to prove
pngerous character of the
P^ain and the repeated, con
i threats made against Car
ps life and their communi
cation to the defendant. He also
took up the evidence immediate
ly surrounding the killing and
made a strong argument in
support of the shooting being
necessary to defend the life of
the man on trial
Mr. Campbell, on the other
hand, devoted his argument
largely to the instructions of the
court in this case, a field in
which he is recognized without
a peer among the attorneys of |
this section of the state. His !
remarks were replete with illus- j
, tration and reference to the
j classics and received the close |!
i attention of the jury.
Mr. Ponder concluded for the
state in a brilliant address,
which he opened with a reply J
to a previous talk as to his
rnission in this court and, telling
of how his wife had urged upon
him his duty in helping the
state to punish this defendant.
He pictured the grief-stricken
widow of the slain man as the
most true and correct picture
of loneliness and sorrow that he
had ever witnessed and in splen
did voice and beautiful expres
sion drew from the evidence in
the case reasons why justice
the supremacy of the law and
protection of society demanded
a conviction in this case.
The case was turned over to
the jury at 5:30 p. m. and half
hour later court was adjourned j
for the everting recess until 7
p. m. At the night session, many
waited throughout the evening
for the jury to reach a verdict
and report. But no word came
and at 10 o’clock, Judge Jeffery
adjourned court until next morn
ing. The jury had been asked
if there was any disagreement
or doubt as to the instructions,
but replied that the division was
as to the evidence or rather the
jury’s way of seeing it.
Notice to Boys and Girls.
Monday, September 29th, we
will give to every school boy and
girl who comes to our store, a
Webster school tablet.
THE NEW STORE.
50d2wl J. D. Carvell & CO.
For Rent.
First class storage room at
Bow en’s Cash Store. 39dlm
Moving Pictures
at the Opera House
IS Reek Per Week.
A FLAG OF T.WO WARS.
A good military drama of the
Spanish War, showing the Am
ericans fighting under the stars
and stripes and the Confederate
flag.
(SELIG)
THE HOUSE OF DARKNESS
An excellent drama featuring
Lionel Barrymore, Clara Mc
Dowell, Lillian Gist! and Mae
Marsch.
(BIOGRAPH)
THE SCHOOL PRINCIPAL
A wealthy girl decides to teach
—She is so mean tempered that
the principal asks her to resign.
Later she changes and they be
come good friends. Arthur
Johnson and Lottie Brisco as
leads.
(LUBIN)
Three good pictures and good
music by the orchestra
ADMISSION 5 and 10 CENTS
First District Under New Law
Paragould, Sept. 24.—State
Highway Engineer- A. S. Kilgore
of Magnolia, Representative A.
V. Smith of Banks, author of the
State highway law, and C W.
Highfill of this city, member of
the State Highway Commission,
held a meeting in Paragould to
day and prepared the charter
for Road Improvement District
No. 1 of Greene county, the first
district organized under the new
highway law-.
The new road runs from Para
gould east 11 miles to the St.
Francis river. At a point one
mile east of Paragould another
road, running south to the Craig
head county line, is included in
the district. The highway engi
neer has made the preliminary
survey. It is the purpose of
those interested in this impor
tant road, to have all the details
out of the way and the bond is
sue sold so work can begin on the
road in the early spring.
Commissioner Kilgore and Mr.
Smith spent a portion of the day
on the commissary road, watch
ing the volunteer work of Para
gould laborers in the gravel pits.
Both declared they have found
more interest manifested
here in the good roads movement
than at any point in the state.
Seek to Refer Act.
Little Rock, Sept. 25.—Judge
J. V. Bourland of Fort Smith,
United States district attorney
of the Western Arkansas Dis
trict, was in Little Rock today
conferring with leaders of the
Arkansas Labor Federation,
with a view of representing that
organization before the su
preme court, in a case involving
the validity of the anti-saloon
act passed by the last legislature.
The referendum feature of the
act is the feature in which the
labor federation is interested.
They contend that the act should
be referred to the voters of the
state under the initiative and re
ferendum. This case may serve
as a precedent in future cases in
which' the federation is involved.
Condemned Youth A Pervert.
Special to Independent.
Little Rock, Sept. 25.— That
Arthur Hodgins, the 19-year
old youth, who is sentenced to
be electrocuted in November for
the murder of the marshal at
Amity, is a pervert, is the opin
ion of the penitentiary officials.
Hodgins, instead of showing re
morse for his crime, and fear
a-P nlonti*!/! oVtoiv flip
most of his time drawing lewd
pictures. He does not express
regret for his crime, and appar
ently does not realize that he
stands in the shadow of death.
An effort will be made to have
Hodgins’ sentence commuted to
life imprisonment, for those who
have questioned him say he is
mentally weak, and has little
sense of right and wrong. Hod
gins shot the officer after he
had been arrested for a minor
offense, using a revolver he had
concealed in an inner pocket.
Ben Myers Dead.
Special to Independent.
Little Rock, Sept. 26.—Ben
Myers, who was State Land
Commissioner 1890-94, and was
connected with the office for
about eighteen years, died at his
home in this city today, follow
ing second stroke of paralysis
Thursday- He has been ill for
nearly a year.
80 INDICTMENTS
JURY DISCHARGED
Grand Jury Makes Its Final Re
port and Recommendations
to Court.
The grand jury for the Sep
tember term of circuit court af
ter being in session 12 days and
examining 229 witnesses, made
its final report to court late
Thursday afternoon and was dis
charged. This jury returned a
total of 80 indictments, a num
ber of which were in the murder
.cases tried and yet to be hard at
this term of court.
Upon the reports made by mag
istrates, the report states that J.
R- Andrews of Village, J. H.
Murphy of Breckenridge and
John R. Loftin of Union are
short in their accounting as jus
tices of the peace and that W. T.
Atway of Glass has exceeded his
authority in reducing the fine of
gambling from $10 to $5.
The jury recommends that
road overseers when sworn in be
required’to standan examination
as to their duties and the road
laws, “believing that a better ac
quaintance with the road laws
would materially help in hand
ling the road question as well as
to give the county a better re
port in perceptible improvement
and benefit for the money spent
each year.”
The jury visited the jail in a
body and found it as sanitary as
such places usually are and says
“We highly commend our Sher
iff, Mr. John F. McCuistion, for
prompt action in discharging Mr.
Grover Gardner who had abetted
and allowed gross immoralities
between negro prisoners in the
jail.”
Relative to the county hospit
al, where a committee of three
found 8 inmates, 2 white males,
4 white females and 2 colored
males, the jury reports the place
well kept and the interior in a
satisfactory condition. The fare
is well prepared and wholesome
and the health of inmates good.
The jury recommended that
stock be kept out of the main
yard.
The court house was found in
good condition except for a few
leaks, which needed attention.
The report of the commission
ers of accounts was approved by
the jury,except for two warrants
No. 415 and 418 for $6 each,
which seem to have been over
booked in recording allowances.
The report commended town
«Viin magistrates for disposing
of misdemeanor cases and re
commended to the justices of
the peace that they recognize
only witnesses to material facts
in the cases referred to the
grand jury.
Friday’s Bargains.
Friday is bargain day. No
goods charged at bargain day
prices.
One 241b. sack of the finest
flour you ever had in your house,
for 50c, regular price 90c
Sugar cured lean breakfast ba
con, worth 30c only 19c.
Something great in laces for
Friday’s bargain day.
50c curtain goods only 22c foi
Friday.
25c oil cloth only 14c a yard.
The above bargains can be
had Friday only. No phone or
ders.
49d4w 1 Bowen’s Cash Store.
Child ol Asa Pelley Drowned.
Batesville, Sept. 2(5.—One of
the most shocking accidents that
ever occurred in thi.; county oc
curred Tuesday evening about t>
j o’clock at Sulphur Rock, when
i the little two-year-old baby of
jAsa Pelley was drowned in a
kettle of rain water. The news
of the shocking accident was
brought to Batesville this morn
ling by l\ P. Kent of Sulphur
Rock.
Mr. Pelley and family were
moving to Sulphur Rock from
Oil Trough and had intended go
; ing to the latter place to take ad
vantage of the good schools
I found there. They were ar
ranging to live in the house for
| merlv occupied by Peel McCook,
i who recently moved to Bates
ville, and all their household
j goods had arrived and were be
ing placed in the house.
The children of the family I
were playing about the yard and J
inspecting the new premises, and
no one had been watching the
little baby for a few minutes in
the rush to get the furniture in
the house. It had probably been
missing for twenty minutes
when the search was started for
it. The search did not last long
when one of the other children
discovered the child head first in
the kettle of water. There is no
telling how long the little child
had been there, but it had been
long enough to be dead when
found, and all efforts to revive
it were unsuccessful.
The kettle did not belong to
Mr. Pelley, it having been left in
the back yard of the premises,
and the recent heavy rains had
filled it nearly full of water. It
is quite sure that the little fellow
— ■ — iii ■ mi ma ii ii gn —U
was looking down into the kettle
and lost its balance, going head
first into the water. Of course
it could make no outcry.
The family are all nearly pros
trated over the sad accident, and
Mi-, l’elley said yesterday he
hardly felt like staying there
now that the baby was dead, and
expressed the desire to go back
to the old home in Oil Trough.
The people in Sulphur Itock were
very kind and good to the grief
stricken family and all that
could be done to make the sor
row easier to bear was done.
The remains of the baby were
buried this morning near the old
home at Oil Trough.
Praises Jackson County.
Little Rock, Sept. 2f>.—O. G.
Carpenter, assistant commis
sioner of agriculture for the Iron
Mountain railroad, was in New
port Wednesday conferring with
the business men of that city in
relation to the agricultural de
velopment in Jackson county.
Mr. Carpenter says, “Jackson
county is the best agricultural
county in the state and one of
the few that have no demonstra
tion agent. The people of that
county are realizing that they
are handicapped along this line
and are making efforts to secure
an agent for next year.”
Mr. Carpenter will deliver an
address at the Hope fair Satur
day on the subject, “Demonstra
tion Among Farmers.” The
Iron Mountain railroad main
tains a demonstration station
there, which has proved success
ful.
At the opening of the Searcy
fair he will speak on “The For
age Crop for Live Stock Produc
tion in Central Arkansas.”
EARLY FALL STYLES
OUR CLOTHES
represent a conscientious effort on our'part to give
you maximum value for your money.
When we buy our clothes each season we carefully choose the
best quality fabric in the most attractive patteins and colors, then we
select the models that represent the new fashion* ideas! best/ and we
have our manufacturers make our clothes from these! fabrics over the
models we desire. SUITS $15.00 TO $30.00
The Result is Better Clothes Value.’ for You
ALF. BENJAMIN—ADLER ROCHESTER-MAJESTIC
It will pay you to find about it.
Berger'S
Star clothing house*
i'-y v, - .