Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1908-06-28

n, -
ing Attorney Mcdonald this mornins
entered a nolle prosequi in the case O
Leon Schlenker, charged with murder
in the first degree for the killing O
J. l.. Reinach.
The prosecuting attorney filed a mo
ton for continuance of the case anC
argued it most strenuously. He in
formed the court that owing to his
having been employed in the circuit
court continuously since the indict
ment was found, he had been unable
to make any preparation. In addition
to that he had been informed of the
existence Of two witnesses without
whom the state could not go to trial
One OF these is in hospital at st
Louis and the other, whose name is
not known, is within the jurisdiction
Of the court and can be secured He
argued further that the state was en-
titled to the continuance and init
mated that the evidence would show
condition at variance with supposed
conditions.
Judge Oglesby demanded an imme-
diate trial. He said that insinuations
ref1ectlns upon the character of Mrs
Schlenker had been made and if the
prosecuting attorney had additional
testimony he should stay within the
law and tell the names of the witness
yes and tell what their testimony would
Ne. The defendant he said is a man
high standing and is entitled to be
leved of the odum which the charge
murder has east upon him and the
iysne OF his good wife should be clear
ed of all suspicion.
Judge Hon instructed the prosecut-
ing attorney to reduce his motion to
!. writing in order that the court might
shave something tangible to act upon
and time was given to do so. After an
absence of an hour the prosecuting at
torney filed his written motion. which
set forth that the state has witnesses
which it desired 10 produce. whose
identity is unknown, but who are with
in the jurisdiction of the court. He
also affirmed that he has been as act
i've as his time would permit in secur-
ing evidence, one deputy having been
at Greenwood and another in Benton
county securing testimony.
Judge Hon ruled that the reasons
given were not sufficient to warrant a
continuance to the next term and over
ruled the notion whereupon the pros.
ecuting attorney entered the nolle
pros and Mr.. Schlenker was discharg.
ed.
When circuit court opened Leon
Schlenker took his seat ready to an
swer to the charge of murder in con
nection with the death of Jacob L..
Reinach. By his side sat Colonel
Oglesby, showing very plainly the
physical results Of his recent injury.
Thanking Colonel Oglesby sat Attor-
ney Craven and Congressman Goosen-
berg of Natchez, Miss, the latter
brother-inlaw of the defendant and
prominent attorney of Natchez. a
After the disposal Of some motions
in other cases, Prosecuting Attorney
stated to the court that he
had been unable to prepare certain
new evidence which had come to his
knowledge growing out of the grand
jury investigation, and he moved for
a continuance of the case to the next
term of court.
Colonel Oglesby made an impassion-
ed plea for Immediate trial, declaring
that such a continuance would be an
Injustice to the defendant He de-
manded the names of new witnesses
and the alleged facts to be shown by
Them.
The motion, as filed, gave the out
line of facts expected to be proved by
a witness for whom the state has bee9'
searching at Greenwood, at Rogers,
and Fayetteville, and BY a
of the Wells-Fargo FIX
press Company in this city now in fhe
hospital at st. Louis.
After hearing the arguments, fhe
court denied the motion and ordeted
he state to proceed to trial. Prose-
cutting Attorney Mcdonald at once
stated that he could not go to trial in
Justice to himself and the state, and
hat, under the ruling, he would be
to enter a nolle PROSE- in
The case Colonel Oglesby declared