Pine Bluff daily graphic., 1907-02-10

and after he was advised that the vouchers had been found, he having seen the publication in an evening paper, which he copied in his paper, showing that the matter had been satisfactorily explained by Captain Galbraith and that everything was satisfactory, he published the second article, which was substantially the same as the first article complained or, and at the time he published it. ne knew that the vouchers had been found and exhibited to the citizens, and that they were satisfactory.
 After MT. Murray's testimony was concluded the defendant rested, and the plaintiff in rebuttal introduced captain J. B. York. He stated that While commissioner of the district. he met J. A. Edison, who was then su- perlntendent of the Cotton Belt, in the Citizens Bank, and agreed with nm upon the price of the gravel. That at that meeting there was pres- ent MT. Edison, Mr. Galbraith, Mir. Voss, MT. Langford and the witness, and at that time the price of $1.35 per cubic yard for the gravel was agreed upon.
 c. Voss, the other commissioner, testified substantially the same thing as MT. York. and also testified that all vouchers had been turned over to him by Captain Galbraith. showing all sums paid and that he filed this report with the city clerk, contain ing all the vouchers
 E. B. Bloom testified that he was city clerk at the time the vouchers were filed, and had distinct recol- lection that the vouchers had been filed with the report; that the report with the vouchers was submitted to the finance committee of the City Council, but as the city had no place to keep these reports and vouchers, and that as the office of the city clerk was constantly being removed, the same, with many other vouchers, were probably lost or misplaced or de- stroyed in the damage at one time, when the city clerk office was food ed with water.
 Doctor J. w. Withers was called, and testified that he was a member of the Board of Public Affairs in the city of Pine Bluff in 19O3 It was at this time that the gravel to make the ex- tension of West Fifth avenue was re- ceived from the railroad company He stated that it was represented to the railroad company that it would be important for it to have paved street from the cotton compress to the de- pot, so that cotton might be easily moved in that way, and for that pur- pose and to aid in laying such street the railroad company was to haul and furnish gravel, the city alone to pay the cost of loading the same, WulCu was IO Uc D CcuLS d J dIu. ne said the gravel was dumped near the Bluff City Lumber Company's plant by the railroad, with a steam shovel, for which the railroad further charg- ed the sum of $60; that the city teams hauled the gravel from Third avenue and spread it on the street at the cost of the city; that later some of the same gravel which was furnished by the railroad company at 30 cents was sold by the city to the contractor paw ing West Sixth avenue at $1.55 per cubic yard, which was the value of same at that time.
 The plaintiff then rested, and the court excused the jurors until 3 o'clock in the afternoon, and later, as the instructions had not been settled, excused them until Saturday morning. They were then excused until Monday morning.