Pine Bluff daily graphic., 1907-02-07
CAPT. CELEBRITIES
 DAMAGE SUIT Attracting Large Crowds of Business Men to the Circuit Court Room Yesterdays Session.
E. c. HOWELL HEARD
Proved d Valuable Witness for the PlaintiM-Said Books of District Were in Good ConditiOm-Judge Grace "Calls Down" Spectators.

Attorneys for Captain R. NJ. Gal
 braith, who is suing Arthur Murray
 for $37,500 damages alleged to be
 due him for an alleged libelous
 article published in Murray's pa-
 per regarding the disposal of funds l of graveling district No. 1 and in
 which the plaintiff claims he was
 charged with having misappropriat- ] ed some of the funds, scored an
 initial point yesterday when Judge l A. B. Grace overruled a motion of
 the attorneys for the defendant to
 suppress certain testimony.
 An effort was made by E. J. Ker- win and w. F. Coleman attorneys 1 for the defendant, to suppress the
 dispositions of c. w. Warner and
 c. w. Nelson of St. Louis, who 1 testified in behalf of the plaintiff. The motion was argued in Judge
 Grace's private office, but the at torneys for the defendant failed to sustain their contentious and Judge l Grace ruled that the testimony
 should be admitted. The depositions were read at the afternoon session l by Attorney Ben J. Altheimer, one l of the counsel for the plaintiff.
 E. C. Howell was probably one l of the strongest witnesses intro
 duced by Captain Galbraith yester-
 day His testimony was of material benefit to the plaintiffs case and he seemed to have considerable ef- feet on the jury while submitting it. Arthur Murray, the defendant, | was placed on the witness stand at the opening of the case, testify ing as to the circulation of his | paper, admitting that he was the i editor and that he was responsible for all that appeared in the journal. Ben J. Altheimer was afterward in the witness chair and read the articles which appeared in Murray's paper and upon which the damage suit is based. s.--
 E. c. Howell testified that the property-owners on Fifth avenue called a meeting for the purpose | of devising ways and means to get the city to assist them with dona- tions and appropriations as they
 have every other paving district since organized, and also inquired into the financial status of the 1 district.
 He said that committee com posed of P. P. Byrd, Harry Atwood and himself were appointed to do this and report to the meeting;
 that they examined the books of the
 secretary and treasurer very care
 fully ana found everything in good
 condition, well kept and honestly accounted for, and this committee | made a written report of those
 facts to the meeting, and that he I was satisfied then and there that
 everything was properly kept, but that this report was not satisfac- tory to the chairman of the meet ing, w H. Langford.
 The witness said he was sur prised when he saw an article i'll the Press-Eagle of June 12, in which the report made by his com
 mittee was distorted by the Press Eagle so as to show that the com mittee found a $7,000 overcharge, and he and MT. Atwood, Mir. Byrd being then out of town, prepared an artielo correcting the editor of the Press Eagle ana rublished same in an afternoon paper.
 Colonel c. G. Newman testified that the correction was published in his paper on that date, and that as the Press-Eagle was on the eX- change list it was, he supposed, re- ceived by Mr. Murray.
 The depositions of c. K. Warner