The Butler weekly times. (Butler, Mo.) 1881-1918, 1904-09-15

SHARP TRICK BY DEFENSE
FaTriS'S Chief Witness Was
Not in Arkansas at All
Now Judge Graves Has Issued
Warrant for Ex-senator
Orchards Arrest.

Judge Waller ". Graves OF Butte
instructed Sheriff Smith, OF Co
county to-day to proceed at once t
Poplar Bluff, Mo-, and arrest e.
State Senator James Orchard, I'll
important witness whose failure t
appear at Jefferson City last Monda
caused a postponement Of the Farrl
bribery trial to December 10, site
the election.
Senator Orchard was at his office il
Poplar Bluff, Mo-, last Wednesday
His home is in West Plains, Howel
county.
Attorney General Crow says h
understood Mr.. Jourdan to say tina
subpoenas for Orchard were sent t.
both places, but the records OF til,
Cole county cour, show that no sum
mons was forwarded to Poplar Bluff
where Orchards office Ia and where
he spends nearly all of his time.
subpoena, however, was sent to West
Plains and returned last Saturday
and marked unserved.
Sheriff Hogg OF Butler county, de-
clares most emphatically that no
subpoena was sent to him Tor sevice
and Senator Orchards own admis-
sions prove he has not been out OF
the state within the last ten days,
although it was represented to the
court that he had gone to Arkansas
on business affairs. Judge Graves
was astounded after he had been In.
formed OF the situation at his home
in Butler, to-day.
"These developments, II correct,
are very surprising" was his CON-
ment.
Judge Graves then stated to the
correspondent that he had sent word
to the Cole county authorities to ar
rest Orchard and have him placed
under bond to appear at Jefferson
City December 10. He remarked that
he considered this would he all the
action necessary to insure Orchards
appearance Discussing the Orchard
Incident. Judge Graves said that
O'chard mad been summoned, but
possibly the subpoena was sent to
West Plains instead Of Poplar Bluff
Next to the defendant" said
Judge Graves, Senator o orchard was
the principal witness for the defend
ant. He had always been present
and testified. 1t was. shown when
the application for continuance was
made that Orchard was 10 Arkan.
sas on business for the railroad.
This showing was not controverted
by the state. To have refused con-
tinuance would have been absolute
error upon this showing il the facts
as they were represented proved to
be true. The court had no reason to
doubt the showing as made"
Attorney General Edward c. Crow,
who has been trying to bring Farris
to trial since the Indictment was re-
turned, April IS, 1903, said:
The state was ready to proceed
with the trial OF Senator Farris, but
we felt there was no reason upon
which to base an objection to con-
tinuance when counsel for the defend
ant stated that his principal witness
was out Of the state and, therefore, t
beyond the reach OF a subpoena"
In an interview at Poplar Bluff to- q
day Senator Orchard said: I
81 was not informed either by sub q
poena or otherwise that was want
ed in Jefferson City Monday. Isaw
by the paper that forty blank SUBJ
poenas had been issued and l knew {
that it had been the custom hereto
lore to subpoena the witnesses for I
each term, and as l had not been c
subpoenaed for this term, natural. G
" supposed I was not wanted. l g
have not been in Arkansas since
June 10" I
Mr.. Jourdsn, attorney-for Senator J
Farris, when seen BY reporter, de. 9
,lined to discuss the Orchard incident !
,oatenting himself with the state. 7
nent that the record Of the court !
spoke for itself and hesaw no need OF {
yoing behind It. Il