Pine Bluff daily graphic., 1907-12-06
THREE WERE HELD
 THREE RELEASED Judge England Holds Bert Mccartney, J. J. Prince and w. c. Cotton Under Bond to Grand Jury WOMAN AND TWO MEN Released-Jesse Strahan Evidence Not Substantial Says States Counsel Defendants Will Make Bond It Is Thought.
 
WOMAN AND TWO MEN


 Graphic. )-At noon today, when the attorneys for the defense and the Estate concluded their arguments in the habeas corpus proceeding brought before Judge William England, coun- ty and probate judge, in an effort to get bail for the release of s. Bert Mccartney, Postmaster J. J. Prince, Mrs. Sue Mccartney, Ed Richards, w. C. Cotton and Jesse Strahan (pub- lished as Strong), attorneys for the State asked the court to discharge Jesse Strahan, who was charged with being an accessory before the fact to the triple tragedy at Clio, ten days ago, and he was immediately released. This request was made by the States attorneys because they stated that they had failed to make a case against Strahan.
 Judge England then announced that he would release Mrs. Sue McCart- hey and Ed Richards without bail. He asked the attorneys to agree on bail for the other defendants. Attorney Eixon's determination to hold each Of the defendants on as large a bond as possible, prevented the counsel for the State and defense from agreeing os the sums.
 Mr. Nixon contended that the de- fendan1s should each be held on bonds in the sum of $10,000. That was small enough, he said, in com- parison to the charge and the evi- dence submitted against them. He told the court that if it was his in- tention to release the prisoners on bonds in sums of less than $5,000 he should release them all on their own recognizance, as it would have about the same effect. He strongly resisted the efforts of the attorneys for the defense to secure as small bond as possible for each of their clients, af ter they realized that they were go- ing to be held by the court.
 Judge England finally settled the arguments by fixing the bond of Bert Mccartney at $3,000, and the same , amount was fixed for bail in the mat ter ci J. J. Prince. w. c. Cotton , will be required to give 5000 bond, is the order of the court.
 The Cleveland county grand jury will take up the triple tragedy inves- tigation next Tuesday, when it con venes, and all the witnesses who ap peared at the recent habeas corpus hearing, will be recalled to testify be- fore the inquisitorial body.
 It is stated that all three of the de- fendants whose bond was fixed will be able to make bond immediately. Thursdays Evidence. At the final session of the habeas corpus case last night J. J. Prince, one of the accused men, was placed on the stand by the State. The at torneys for the defense objected to his giving testimony and Judge England sustained their objections. Prince was not allowed to give testimony.
 F. A. Harrison mill employe, tes- titied that Godfrey never drew q gun He saw the shooting from the rear end of the train. He said he heard that Godfrey had been warned to stay away from Clio and when he saw him alight from the train he thought there was going to be trouble.
 Mrs. M E. Falk, mother of the two boys, Brooks and Duke Falk, who gave testimony previously. testified that she heard the shots and ran through the commissary building from her home to see where her boys were. She said she did not see Mrs. Mccartney or Richards in the com- missary, testimony having been pre- viously given to that effect. She would have seen them, she said, if they had been there.
 Ernest Rogers. a; witness who tes-