The Green Forest tribune., 1904-02-27
RILEY ROBERTS ACQUITTED
Exonorated from the Charge
 of Murdering Dr. Cavins.

"We the jury find the defend- ent Riley Roberts not guilty as charged in the indictment"
 Thus read the verdict handed in by a jury in the Eastern district circuit court at Berryville on Fri day morning of last week, which had been empanneled to try Riley Roberts on charge of murderin g pr. Frank Cavinsin Omega town ship on March Il, 1903, on which charge MT. Roberts was indicted by the grand jury at the August term for murder in the second degree.
 The verdict of acquittal came as no surprise to those who had heard the evidence and watched the proceedings, the sentiment and evidence both having ma terially changed since the hold ing of the coroner's inquest.
 The prosecution was lead by J. S. Naples, the district attorney, and Senator F. O. Butt and form CT Prosecuting Attorney Sam Johnson.
 Roberts was represented by Fancher 6: Fancher and Walker & Walker. The case went to the jury Thusday at midnight. On the assembling court Friday morning the jury appeared before the court and asked to hear the instructions read again. After less than another hours deliber- ation the jury returned the ver- dict of 8 acquittal.
 The charge was for murder in the second degree. To sustain this charge it was necessary to prove all the elements of murder in the first degree, except "pre- meditation" :" But the court in- structed the jury that should they find him guilty of less degree of homicide than murder in the sec- ond degree they should acquit him of that charge and find him guilty of manslaughter, either voluntary or involuntary as they might judge. He further in- structed the jury that should they have reasonable doubt that he was not guilty of either or any of these offenses they should render verdict of a acquittal.
 The court also gave at length the law of self-defense, instruct ing the jury that if they found that Roberts acted in his own actual self defense and that he used no harsher means than were necessary to save his life and that he was not the aggress- or, then they should acquit.
 The undisputed portion of the testimony which bore directly on the case was about this: On the morning of March Il, 1903, Dr. Cavins passed the Roberts, saw mill in buggy drawn by two mules, that Riley Roberts and others were at the mill at the time :; that Riley Roberts hollowed at Cavins, asking him if he did not want to write some more letters; i; that Cavins made no halt or re- ply; that Roberts remarked to one of his hands: ''I would like to talk to the other side of his head; ;" that sometime afterwards Roberts got on his mule and started off at more than ordinary gait in the same direction that Cavins had gone.
 From this point the theories of both prosecution and defence differed materially in some points.
 The prosecution showed that bad feelings had. existed for some years between Roberts and Cavins on account of a civil suit between them and later on ac- count of a criminal prosecution in the United States court that Cavins had instituted against Roberts; that Roberts left his saw mill for the purpose of overtaking Cavins and that he shot Cavins before passing any to the front of him; that having accomplished his purpose he went back to his mill instead of looking after other matters as he claimed to have started out to do.