The Russellville Democrat., 1881-04-21

CHts 0tQ4 Stdtt fS n II " iliCJ fAiFA~"
 meanor, three cases, nolle prosequi
 entered by prosecutingattorney and the
 defendant discharged; state ys Ed Tay-
 Tor, misdemeanor, nolle presequi en-
 tered by prosecuting attorney and de-
 fendant discharged; state vs George
 Holt, abusive and insulting language, plead guilty and fined $10; state vs R II
 Julian, misdemeanor, demurrer in
 short by consent; state vs Rufus You, recognizance before grand jury, case dismissed and defendant discharged ];
 state ys General Morley and Rufus
 You, recognizance before the grand jury, case dismissed and the defend- ants discharged; an attachment was ordered to issue for Labe Barefield to | Conway county as witness before grand ljury returnable to next term and bail l fixed at $350; state vs l. H Hickey, abusive and insulting language, jury l trial, plead not guilty. In this case tho testimony of prosecuting witness as to the language used was of very
 indecent character, and not substan~ tiate by any one else; but on the con-
 trary positively contradicted by two
 witnesses for defendant, when upon
 the motion of prosecuting attorney for the state (who felt disgusted at the evi- dence,) the jury without retiring from their box returned verdict of "not guilty" and the defendant was dis~ charged, grand jury returned on the | 18th inst. twenty-seven bills of indict- msnt, making eighty-seven to date; grand jury on the 14th appeared in
 court and presented twenty-two indict-
 ments making to date 109 found by
 them and submitted to the court the | following statement: "We the grand 1 jury beg leave to make the following report to the Hon. ". D. Jaeowav, cir cult judge, in regard to the condition
 of the county jail. We recommend
 that the drain for the discharge of the l filth from the jail be repaired so as to conduct all the filth to greater dis tance from the jail and that disinfect- ants be used in and about the drain.
 We also recommend that the bedding in said jail bc summed and cleaned.
 We find the prisoners properly cared
 for, we'll supplied with bedding and
 we'll fed. We consider the jail safe
 under the present system of manage
 ment.-E. A. DARR, Foreman" State vs Wright Smith. celored, for bigamy, change of venue from Yell county, sub- mitted, plead guilty, court assessed
 
 tentary. Defendants attorney asked
 and obtained leave to withdraw his
 submission and plea of guilty which
 was granted by the court, but on the
 following morning defendant appeared
 in person and by his attorney stated to the court that he would accept the situ- ation upon the submission ana plea of guilty made on yesterday the 18th, and
 which he had asked to havo withdrawn
 and again submitted and plead guilty, as an excuse that he was ignorant of the law, and had been told that it would
 be no violation thereof, and asked the
 lenity of the court in the premises, and
 waiving the time allowed him by law
 asked that seRtence shoald be imme- diately pronounced, which was after
 reading him the indictment and in-
 forming him of the law upon which he
 was convicted, proceeded to pass the
 sentence upon him, to-wit: That he,
 Wright Smith, should be conveyed by the sheriff of Pope county to the psni- tentiary of the state at Little Rock. and be there confined at hard labor for the period of five years" State vs Ed Hall, murder, arraigned and plead not gull, ty motion of defendant for continuance for want of material evidence as there in set forth, which was sustained by the court and the cause continued un- til next term, and set for trial on the second Monday, the 18th day of Novem- Der, 1881, and ordered that attachments issue reJurnable at said term for wit nesses not in attendance and bail re- qured in $300 for their appearance and that leave be granted defendant to take the depositions of A Tennyson, James Wells and H $ Freeman, non-residents, and thereupon some twenty-seven or more witnesses on the part of the de> fence and five or six on the part of the state entered into recogniZance in the sum of 5000 each for their appearance at the next term of the court as afore- said; state ys Thos Clendening. felony, defendant arraigned, plead not guilty; drawing of jury by consent waived, jury empannelled and sworn and suf- fered to disperse, and court adjourned till morning. Court opened, jury call ed, trial proceeded, witnesses examin- ed motion of defendant to exclude the testimony of NJ Sims; motion over ruled; instructions prepared and sub mitted by attorneys for state and de- fendant, and certain of them given to the jury; the arguments of counsel opened by Capt A $ McKennon, prose> cutting attorney for state, followed by Col B Henry, of Morrilton, for the defendant, who did not have time to conclude his argument and night cons
 ing on the jurymen were suffered to disperse under special charge from the court until morning to which time court adjourned. Court convened on
 18th, the jury was called, took their seats in the box, when Col k B Henry
 resumed his argument which was de-
 liversd with much ability and great ingenuity, showing latent in one of his age which predicts for him success
 in his profession and bright and brill iant future as he advances in years
 Col G F. Burney, for the defence, fol- lowed him in an able and lengthy speech, and the argument and case concluded by Capt A McKennon on the part of the state, who, as usual was not found wanting in delineating and illustrating all the points in the case in an effective and forcibls argument; after which the jury retired, but at night returned and stated they could not agree upon verdict and desired to be discharged which the court would not consent to, and thereupon George Jamison was sworn in as special deputy sheriff, In whose charge they were placed with instructions to be kept to- gether with the usual charge given on such occasions until morning to which time court aaipuraed. Court convened l6th at o'clock anl jury in case ap-