Pine Bluff daily graphic., 1907-09-24
TESTIMONY WAS
 VERY DAMAGING State Introduces Three Wit nesses at McVay Habeas Corpus Hearing Who Give Damaging Testimony
1 YOUNG LADY HEARD
Ben Hardy Had Remarked That He Had Seen Albert McVay 'Tn Town" Alb Loves Statement-Siayer of Hardy in Court.

Some rather sensational and dam aging testimony was introduced in the Jefferson circuit court here this morning in the habeas corpus pro ceedings, which were instituted sev- eral days ago by Attorney w. B. Sor- rells, counsel for John M. McVay, wi,o shot and killed B. A. Hardy in a pas senger coach at Union Station in this city several weeks ago, in an effort to secure bond for his client.
 The testimony was introduced by the State, which is represented at the hearing by Prosecuting Attorney w. D Jones, J. c. Knox of Monticello and c. T. Gotham of Hot Springs United States Senator Jeff Davis, who is also among the counsel employed to prosecute McVay, was not present. The evidence tended to weaken the defense and it was announced at the noon adjournment of court that other equally as strong witnesses would be presented this afternoon by the State ] to show that McVay was not justified in shooting Ben Hardy. Attorney w. B. Sorrells will present all che tes- timony of the defense at the conclu- sion of the States evidence today. The hearing may run over tomorrow, but it is generally believed that the testimony taking will be concluded by night.
 Before the habeas corpus case was called by Judge Grace it was an nounced by the States attorneys that they would resist the hearing. They attempted to convince Judge Grace, by showing various authorities, that the habeas corpus case should not be called before an indictment was re- lturned against the defendant. They (were not successful in their efforts and Judge Grace called the hearing shortly after 10 o'clock. The court room was well filled with interested spectators and this afternoons ses- sion, which will convene at o'clock, gives every evidence of being largely attended.
 John MT. McVay, the one legged slayer of Hardy, was brought into the court room by Deputy Constable Dunk Stewart and Jailer Tom Meeks. He retains that emaciated appear ance and his general appearance indi- cates that his incarceration has prov !, en hurtful to his physical and mental strength A casual observer at once manifests sympathy for the unfortu- nate cripple and we'll posted physi- clans say that he cannot live many Iyears, as he is suffering from con- sumption.
 Three witnesses upon whose testi- mony the State is relying to convict McVay, were heard this morning They were Miss Lora Hudspeth, so- ciety girl from Monticello; E. s. Ma loney, travelling man, and Alb Lowe, school teacher of this city. All of them were eye witnesses to the shoot- , ing and their testimony was similar in almost every statement. s---~~@
 E. s. Maloney testified that he met Ben Hardy on the morning O.
 the shooting at the Arlip;ton Ho , tel. Hardy had been looi-;n;: for
 q man connected with Bennett and
 Company Lere and MaloA.- 'old
 ;.!,n ths'. he had been to Cali"altS
 stap.r the night before an tha. Il"
 knew a young man there, Frank Taylor, who was connected with = Bennett and Company. He agreed to go there with Hardy and see Tay- Tor at the stable. They went there Late Maloney returned to the ho- !, tel and wrote some letters, after ! wards going down stairs to get ready for his train. He met Hardy
 in the lobby and they went to the l. train together. Hardy had previous n ly remarked to Maloney that he had seen Albert McVay Gin town When