Pine Bluff daily graphic., 1907-12-01
Five Men and One Woman Charged With Murder of Godfrey, mcEwen and Bush at Clio Waived Examination Before Jus. tice Henderson at Rison Saturday.
WITNESSES ID BE HEARD TUESDAY

seated upon an old soap box and the spectators rested themselves on long boards. which were placed across soap boxes throughout the interior of the building. Reporters and attor- neys, the defendants and the court of ticers were also compelled to sit upon old boxes and nail barrels to be com, fortable
 Mrs. Sue McCartney wife of the superintendent of the Bluff City Lumber Company's plant at Clio and also stockholder in the Grant Lum- Der Company, was not present. It was explained later by Attorneys s. M Taylor, Pitt Holmes and w. Amis, counsel for the defnedants, that owing to the illness of her three weeks old baby, Mrs. McCartney was permitted to remain at her home at Clio: that she could be brought into court when needed, and that Sheriff Ira Moore, who had all of the other prisoners ill charge, would corroborate their statements.
 The court was finally called to or der. Attorney Taylor stated that in view of the fact that Acting Coroner W. A. Niven had already bound Bert McCartney, w. C. Cotton and J. J. Prince, over to the grand jury direct ly, the defense would waive an exam
 nation of Mrs. McCartney, Richards and Strong and give the grand jury an opportunity to investigate the charges against the seXtette at one time
 Attorney T. Havis Nixon of this city, who was recently employed by brothers ~of Tom Godfrey to assist Deputy Prosecuting Attorney George $. Brown in the prosecution, was on his feet in an instant. He strenu- ously objected to such procedure, de- claring that the State preferred to in trOduce certain witnesses, to make a court record and to also preserve the testimony in the event that the wit nesses in question were intimidated and driven from the state or chose to
 leave the state for fear of being killed. He made determined effort to have the court rule the testimony admissible at that time. It is un- derstood that Attorney Nixon had pre- pared to place Jamieson on the wit ness stand and it is stated that Jamieson's testimony will be most sensational in it's nature.
 Attorneys Taylor and Nixon argued the matter for fully an hour. Mr. Taylor declared that by waiyins an examination the county would be say ed unnecessary expense. He said the witnesses could be required to appear at any time and held under bond to appear and testify. Attorney Nixon took issue with MT. Taylor on the latter statement asserting that no court had the authority to place witness under bond for his appearance nor could he jail the witness for his failure to give bond. After hearing the matter fully, Justice Henderson adjourned court for the noon honr.
 At the afternoon session Attorney Nixon was heard first. He informed the court that he had considered the matter and that he had been informed that it was the intention of the attor- neys for the defense to apply for a writ of habeas corpus, through which they hope to secure bond for their clients. If the attorneys would agree to have the habeas corpus hearing by next Tuesday, MT. Nixon stated, he would withdraw his objections. This was agreed to by the defense and an application for writ of habeas cor pus was immediately filed.
 The habeas corpus case will be heard next Tuesday morning at 10 o'clock, at which time all of the tes timony will be introduced by both sides. The accused men and Mrs. Mccartney will also testify on that oc- casion and the hearing promises to attract even a larger crowd than that which assembled at Rison Saturday.
 The session of the court was ad iourned and all of the spectators and