Pine Bluff daily graphic., 1900-12-02
COULDN'T CONVICT BRANNoN AND SMITH SAY ATTORNEYS w. B. soR
 RELLs AND H.k.WHlTE. WHAT THEY BOTH SAY. The Gases Were Thoroughly In-
 vestigated Before They
 Were Released.
WHAT THEY BOTH SAY.

The release of the negroes John
 Brannon and Simon Smith, alias
 "Slick," by Prosecuting Attorney w. B. Sorrells, who pole pressed
 the cases against them, has caused no little interest among the people of both Pine Bluff and Helena,
 where the officers are now making
 an effort to convict them on the
 charge of having sold the alleged stolen goods.
 Prosecuting Attorney Sorrells
 thinks he has been done an injustice by the Helena paper, which severely
 criticised him for not convicting the men on the charge of robbery. In conversation with a Graphic re-
 porter Mr. sorrells said:
 "Yes, the article headed Rotten
 in Denmark, and copied in your paper from the Helena World, re- flecting upon me in my action in the
 case of Simon Smith, is absolutely
 without semblance of truth, 1
 entered nolle prosequi in his case
 because in my judgment a convic-
 tion could not be had from the tes-
 timeny I had before me. 1 ehal lenge any man on earth to show even reasonable suspicion that I
 accepted cent as consideration for
 my action. I have requested Judge Grace to set aside the judgment
 and have both negroes brought back for trial. This would have, in my l judgment, by the proof in the case,
 shown this imputation utterly with
 out foundation. Judge Grace's re-
 fusaI to comply with my request
 and reasons. published in local
 paeer are as follows"
 Judge Grace said the first place the men were released from this court and are now in the haEds of the Phillips county officers. and
 should the cases be reinstated the
 men could not be taken from the of ficers in Helena until the cases there were settled. He also sai6 that DO statement was made to him that there was additional testimony upon
 which the men could be convicted. When the cases were nol pressed the prosecuting attorney advlsed him that the men could not be con- victed. Judge Grace said that 1t
 was not the practice of the court to encounter expense in trying men where there is no chance to con-
 vct just because an officer might have been attacked by newspapers,
 and as he has heard nothing of any new testimony, be has before him only the former statement of the
 prosecuting attorney that the men could not be convicted with the cyl
 dence in hand"
 Gen. H. King White, former couE- sel for Simon Smith, was especially
 anxious to let the people know what he knew about the case and a Graph ;c renorter soon found him. He said:
 Certainly, 1 want to be inter viewed about this Simon Smith cases Well. I know that shortly after the
 arrest of Simon smith l received 3 letter from Col. J. H. Wynn, prominent attorney of Greenyiile, Miss, who requested me to look in-
 the case and report my opinion. found on investigation, that al. there was against the boy was that he had been found in possession of some of the stolen goods and that thatwas not sufficient to convict. l was then employed to defend and
 moderate fee in small lnstallments
 was paid to me by the mother of Simon Smith when the case was set down for trial I ordered suopoe- lna for witnesses addressed to the sheriff of Chleot county that would have to come over from Greenyille, 10 be summoned ty him.
 II would have proven, beyond i any controversy that simon Smith
 uassin Greenville. Miss. the night ttat Voss & Bro.'s stora vas our