Newport Daily
KjUEXHI. NEWPORT, ARKANSAS THURSDAY, SEPTEMBER 25, 1913. NUMBER 151.
OUTNERS TRIAL
NEARS AN END
Reach Jury Before Evening
geven Lawyers Make Ar
guments In Case.
e trial of William H. Ca
iers in the Jackson circuit
■ nears an end* It has been
;opic of conversation on ev
street corner and probably
ery home for several days,
c interest in the case has
the court room at times to
lowing and upon Wednes
light, when the argument
>pened, there was not stand
oom within the upper floor
ie crowds which pressed at
doorway for admission,
ailing there, stood within
of the voices of the oppos
tmnsel, who sought to con
n-clear the defendant now
!al.
blic sentiment in the case is
ed. There are those who
>r for conviction and on the
hand, many who would
the prisoner his freedom by
ttal. The general predic
>f those, who have listened
day to the testimony, is
the jury will give a peniten
sentence, though perhaps
it as many insist the result
ie a mistrial or acquittal,
none contend that a case
irder in the first degree has
made out by the state.
3 o’clock with two argu
3 yet to be heard, the case
ardly reach the jury before
and if the remaining at
ys consume as much time
ose who have gone before,
ening session may be ne
ry for the final plea of the
which is to be made by
r L. Ponder, who as an or
las a state-wide reputation.
i defense undoubtedly had
ling Wednesday in the long
if witnesses, to whom Al
t during drinking periods,
unicated h i s threats
st the life of the defendant
larticularly regarding pre
ions and threats mlade the
f the shooting. This was
ied up by the evidence of
ithers himself, who made
ceedingly good witness in
rt of his plea of self-de
Only two witnesses were
in rebuttal and both of
by the state, after which
sides rested.
RGUMENT OPENED,
er instructions had been
to the jury by the court,
scing murder in the differ
egrees and manslaughter,
rgument was opened by
cuting Attorney C. M. Er
'vho made a strong presen
1 of the state’s case, review
le evidence of the various
sses and particularly the
aony dealing with and im
tely prior to the shooting,
dng the plea of self-de
and well sustaining the re
ion he has established, of
a courageous and able rep
ave of the state in the
cement of the law. He
what is generally regarded
® the strongest appeals
ury that has ever been
in this court.
A. Hillhouse followed the
s attorney, confining his
rks largely to a close re
°t the physical facts inci
te the shooting in proof of
intention that it was the
shot fired by Carouthers
‘ entered the chest of Al
t and proved the fatal
L
wound, according to the doctor’s
testimony.
The state has sought to show
that the fatal shot was the
fourth fired, when Albright was
behind the soda pop cases in the
bottling department and Mr.
Hillhouse made a clear and tell
ing argument in support of his
statement that the bullet, which
was of the soft nosed lead type,
could not have pierced the bottle
case at both ends, without being
flattened and thus making a
jagged wound, whereas the bul
let which killed Albright made a
clean wound.
Another telling point in the
address of this attorney was
that Albright at the time of the
shooting was declared by sever
al witnesses to have worn a coat.
Why had not this coat, showing
the entrance of some of the bul
lets been brought into court as
proof in this case, he asked and
found answered in the act of the
state’s leading witness locking
up the place immediately after
I the shooting without going to
see Albright’s condition and car
rying his coat to the Albright
home. His address was very ef
fective in bringing out the
strong points of the evidence fa
| vorauie to aeienaant s piea ana
jwhen concluded, Judge Jeffery
adjourned court until morning.
The morning session of the
last day was taken up in the ad
dresses of Judge M. M. Stuckey
and Mr. Will Smith of Walnut
! Ridge. The latter is better
known as “Raggedy Bill Smith,”
not by reason of any poverty,
for he is a large land owner, but
rather as Judge Stuckey ex
pressed it, because of his “rug
ged” character.
Judge Stuckey opened for the
defense in a very eloquent tri
bute to the good citizenship in
tegrity and sound judgment and
other jury qualifications of those
who were to pass upon the guilt
or innocence of the defendant
and also paid his compliments to
the Walnut Ridge attorneys
representing the state, praising
their ability as lawyers, but tell
ing the jury that they had never
proven “busters” of the murder
trust in our border county and
were employed in this case by
those who would seek revenge
for the killing of Albright.
Judge Stuckey maintained
that both passion and provoca
tion, which the law holds are ne
cessary elements to manslaugh
ter. were not to be found in this
case and boldly demanded a ver
dict from the jury that would
either send the defendant to the
electric chair or free Him.
The speaker asked the jury as
reasonable men, to apply the cir
cumstances under which the de
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An extra good Biograph drama.
PUTTING IT OVER ON PAPA.
A cute little trick two young
people play to get “papa’s con
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(PATHE)
THE BIRTHMARK
An exciting and thrilling West
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(LUBIN)
Three good pictures and good
! music.
I --
j .ADMISSION 5 and 10 CENTS.
fendant shot Albright in self
defense to themselves and say
what they would have done. He
[ scored Officer Adkinson as
j strongly as had counsel for the !
[state, for failure to prevent the!
I killing. He reviewed the threats
[made by the deceased against
I the life of Carouthers, told of
' how defendant knew by per
! sonal experience and general re
putation how dangerous a man
Albright was and declared that
defendant was fully justified in
1 protecting his own life in the
bottling plant upon the night of
'June 27 by firing upon Albright.
Mr. Smith followed Judge
! Stuckey, whose remark that
'counsel for defendant were seek
ing not to avenge but to “scat
ter wreaths of sunshine" was in
turn used to biting effect by the
speaker, who made considerable
sport and humor of the phrase be
fore getting down to the meat of
| his talk. The speaker took oc
casion to refer to the splendid
service the prosecuting attorney
had rendered the state in Law
rence county and of the convic
tions secured there. He said
that he owed it to Mr. Erwin to
assist in penalizing murders here
and then delved into the evidence
! brought out in the trial. He is
I known as a hard hitter, a lawyer
|of closely analytical mind and
(while not pretending to any
: knowledge of good English and
moratory, he connected the evi
| dence from the standpoint of the
| state in a forceful way and made
| a telling address to the jury.
Upon the conclusion of his ar
gument, court was adjourned un
til 1:30 p. m., when G. L- Grant
and S. D. Campbell are to be
heard for the defendant and H.
L. Ponder of Walnut Ridge for
! the state.
WIFE SOUGHT ALBRIGHT
Leslie O’Neal testified that
Mrs. Albright came up town the
afternoon of the shooting and
was at the alley to the rear of
Earnheart’s saloon trying to
persuade her husband to go
homie. Will Bandy was also in
troduced to corroborate this in
cident.
HEARD ALBRIGHT MUTTER
THREATS.
Edgar Lynch, who was stand
ing in front of the Planters
House the afternoon of June 27,
saw Albright pass and heard
[him talking to himself, mutter
| ing threats to kill the whole po
lice force.
J. F. Phillips, a member of the
coroner’s inquest jury testified
jthat cartridges were found in Al
bright’s pocketbook taken from
his clothing after he was shot.
Fred Smith, superintendent at
the oil mill, testified that Al
bright was discharged there be
cause he carried a gun while at
work and had made threats
against the life of Carouthers.
ALBRIGHT’S PREVIOUS AT
TACK.
Moses Love, a negro, was put
on the stand to tell the story of
the trouble which occurred in
June, 1912 between Albright and
Carouthers. The officer had ar
rested Albright and was walking
with him to jail, when the latter
suddenly turned and assaulted
Carouthers, getting him down
upon the walk in front of Cook
sey’s restaurant. As Carouth
ers was thrown down, his gun
| fell upon the walk and Albright
’ was trying to reach the gun
when the negro in response to
calls for help came to the rescue
of Carouthers.
Jewell Best corroborated the
testimony of the negro and also
1
told of a second effort of Al
bright near the corner of Walnut
and Front street to get posses
sion of defendant's pistol. Best
had come to his rescue this time.
Joe Baker saw the trouble be
tween Officer Carouthers and Al
bright at a distance and corrob
orated the previous witnesses.
Ex-senator John H. Keel was
used as a character witness to
prove the reputation of Albright
as a dangerous man. J. R. Lof
tin, Jr., and Dave Carr were also
used as witnesses upon this
point.
Arthur Anderson and Ned
Ryan were used as witnesses up
on the trouble between Albright
and Carouthers the afternoon of
the killing, when the officer
struck Albright over the head
with a club. Albright was later
ejected from the saloon. Ryan
contradicted Joe Pierce, who al
leged that Carouthers had said
to Albright, that he, Carouthers,
had been awaiting an opportun
ity to kill Albright and all he
A7anted was a shadow of a chance
to do it.
W. C. McDougal testified to
the bad reputation of Albright
and told of having been shot by
deceased, but this portion of his
evidence was not allowed to go
to the jury.
DEFENDANT TAKES STAND.
ine delendant was the nnai
witness upon his side and made
a good one, in marked contrast
to that of Officer Adkinson. He
narrated a forceful story of his
part in the tragedy, declaring
that he had shot Albright after
the latter had run his hand into
his pocket and was attempting
to draw a gun; that the handle
of the revolver hung in Al
bright’s pocket. The second
shot was fired as deceased was
backing toward the door and
facing the defendant, but still
endeavoring to draw his weapon.
The third and fourth shots were
also fired before deceased had
desisted from the attempt to
draw a gun, witness believing
that Albright was only retreat
ing in order to obtain a more ad
vantageous position from which
to renew the fatal encounter. De
fendant testified that as Al
bright reached the door between
th'e store and bottling plant, that
he caught the casing with one
hand and sought to level his
weapon over the supporting
arm, and that when the deceased
had retreated behind the soda
pop cases, he rested his gun upon
the cases as if to shoot defend
ant, but asked defendant not to
shoot again and defendant told
him all right, he would not. At
this juncture, Officer Adkinson
reached defendant and placed
him under arrest, demanding his
gun, w’hich he surrendered.
WITNESS IN REBUTTAL
Grover C. Gatps, who took the
testimony before the inquest
jury in short hand, at the re
quest of counsel for defendant,
was used by the state in rebut
tal. Witness read the questions
and answers of Adkinson before
the inquest jury, as conflicting
with his testimony in the trial.
L. J. Cooksey wras the last wit
ness upon the stand, being call
ed by the state and testified that
he was sitting on the walk in
front of his restaurant with Ad
kinson 25 or 30 minutes before
the shooting, when defendant
came out of O’Neal’s saloon and
Adkinson went with him down
the street. Court was then ad
journed for the preparation of
instructions and the hearing of
argument at the evening ses
sion.
John Lacox Dead
John Lacox, a young man about
26 years old. died in this city
Monday night from malaria and
was buried at Walnut Grove
this afternoon.
The deceased had been work
ing in the Dean & Hocking mill
for some time. The remains
were held until the arrival this
morning, of a brother from Ml.
Carmel, Illinois, who had the
I body interred here.
I
Real Estate Transfers,
i W. B. Dedman and wife to A.
C. Dedman, one-third interest in
80 acres 8-14-1, $450.
Mrs. C. Fried to C. J- Saenger,
lot 3, block 0, Newport and part
of lots 1 and 2, block 9, Daugher
ty's Addition, Newport, $1.
R. P. Sharp and wife to A. G.
Craig, 2.16 acres 32-14-2, $600.
John Hencke to John W. Ed
wards, $400 acres 8, 9, 16, 17-9
1, deed of release.
Marriage License.
Henry Thompson and Willie
"Borden, both of Swifton.
Owen Crabtree and Alice Rod
gers, both of Kenyon.
Andrew McDougal, Union Hill
and Mary Kinzer, Little Rock.
E. W- Willis and Mandie
Thomas, both of Newport.
George Denton and Mrs. Mar
tha E. Clay, both of Augusta.
Aaron Roberson and Edna
Lamb, both of Swifton.
Grand Jury In Session.
The grand jury of the Septem
ber term of circuit court recon
vened Wednesday and has about
j concluded its work. In fact it
will probably submit its final re
port this afternoon and ask to be
discharged. _
Bank Plans Adjustment.
Helena, Sept. 24—The first
effort of the Bank of Helena of
this city, which closed its doors
April 24, will be to undertake
the liquidation of its claims in
the near future, the arrange
ment at present, outlining the
complete payment of all smaller
claims and a satisfactory adjust
ment of the accounts of the larg
er depositors. Prominent repre
sentatives of the bank state that
arrangements of the following
nature would in all probability
will provide for the payment of
be proposed and acted upon.
The plan under consideration
all claims of depositors amount
ing to $100 or less, these to be
disposed of by the receiver as
presented. Accounts involving
greater amounts than $100 or
amounts held by depositors in
sums greater than the limit out
lined above, are proposed for de
position by a cash payment of 20
per cent upon the whole total,
the remaining 80 per cent of
such amount to be paid in stock,
bearing interest at the rate of 6
per cent and composed of the
i corporations known as the West
Helena Land Company and the
Helena and West Helena Inter
urban Railway Company.
Proofs of claims, which are to
be filled out and sworn to by de
positors or others having funds
in the insolvent institution have
been mailed to all of the latter.
While the plan already named
will in all probability be acted
upon, th'e date upon which the
matter may be undertaken has
| not yet been divulged.
For Rent.
First ciass storage room at
Bowen’s Cash Store. 39dlm
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