Pine Bluff daily graphic., 1908-04-02

gtard, who represented the prosecut- ing attorney.
 The city does not care to prosecute this case,' said City Attorney Burt Brooks.
 "The case is dismissed, at the re- quest of the prosecuting attorney" , announced Judge Ratterree, but there 1 is still case disturbils the peace on the docket"
 State or city case?" demanded Judge Full,
 The prosecuting attorney wants nothing at all out of this" replied Attorney Pittard.
 The witnesses then arose to be sworn, and Senator Davis. seeing that l he was about to be overlooked, arose from his seat and asked to be placed under oath also.
 1 The witnesses told the same story as was related the day of the trouble. All Of them testified that Davis ran ;lrom Helm and that he later appeared on the street, fiourishing a revolver.
 Senator Davis told the same story as was told in his statement. given out after the alleged assault. In con- i clusion he said:
 T saw that Helm meant murder and i to stay meant I would be killed, so ! ran to my office for my gun, and when l returned Helm was gone. If I used any bad language I do not re- member it, but if it has come to place where man can be assaulted bv a i deputy prosecuting attorney and not be allowed to defend himself. then 1 stand ready to pay any fine imposed by the court
 Judgment of the Court.
 Had you defended yourself at the tltae instead of running to your office for the gun. said Judge Ratterrae in attempting to deliver judgment T never go armed interruptetl Senator Davis. Il am not armed now"
 That is all right" continued Judge Ratterree, you do not need any arms here. But as You went to your office, secured revolver and came back on- to the street to raise disturbance. will have to impose the highset fine $25."
 That is all right" replied Senator Davis, who had by this time brushed ahead of. his attorney. we give notice | of appeal"
 | Senator Davis and the crowd which had come to attend the trial then filed from the court room, but Judge Fulk 1 soon returned to say that the street T. II boys Were to pay the Senator S fine and no appeal would be necessary, to which Judge Ratterree replied that he did not care who paid the fine, so long as the city got the money
 Y. F.. Helm Was Fined Sl0. So different was the atmosphere in the court room of Justice Ellenbogen, where at 10 o'clock Justice k. H. San. ders, to whom T. E. Helm had surren- dered immediately after the difficulty, called the assault and battery case against Mr. Helm. Helm entered plea of not guilty to the charge. w. M. Lewis, his at torney, arose and stated that on ac- count of the connection of Helm with the prosecuting attorney, it would be hardly right for the regular deputy prosecuting attorney, or any of those interested in the office, to have hand in the prosecution. Justice Sanders was asked to select a special pros ecuting attorney and the names of several attorneys of the city were suggested, among them being a prom inent Republican, who it was thought would push the prosecution vigorous ly.
 Justice Sanders decided to send for Judge F. M. Fulk, an intimate friend OI OeudtOF OdVlS, anu WHO udu Ue- tended him in the police court, to prosecute the case. Judge Fulk could not be located, but Gus Fulk was called and refused to have any con- nection whatever with the case. Jus tice Sanders then took the examina- tion on his own shoulders.
 After hearing all the testimony