The Forrest City times., 1908-04-03
FOR DISTURBING THE PEACE, S25
Senator Davis Appears In Police Court Helm Fined s10 in Justice
 Court-Davis' Cane Returned.

tu py 1OllCe JuuBe ETneSl Ildtter- rec against Senator Jen Davis for disturbing the peace and quiet of the City of Roses?
 Those who actually know are not saying.
 Senator Jeff Davis appeared in Po- lice Court Wednesday morning, plead ed not guilty to the misdemeanor charge of disturbing the peace. was fined S25, after having been tried be- fore Judge Ernest Ratterree and the Davis-Helm encounter of Tuesday was a bit of history as far as the senator was concerned. After the court had announced the amount of the fine, Senator Davis, through his attorney, F. M. Fulk, asked for an appeal. which was granted. but before the senator had left the court room, Tom Morgan, a street car conductor. paid the fine and Ire request for an appeal, with the consent of the senator, was dis missed
 When Police Court convened there were many present. Shortly after 8 o'clock Senator Davis entered and after few minutes conversation with his attorney, took seat. A for feiture in one case was taken and a prisoner charged with drunkenness was discharged before the cases against Senator Davis were called. The first case charged the senator with carrying a pistol and the second with disturbing the peace. The form CT case was dismissed because the senator had carried lawful size. un- concealed gun. and he was asked to plead to the second. He pleaded not guilty.
 As the case could be tried either under the statutes of Arkansas or the city ordinances of Little Rock. 1t was necessary to choose between the two. The state announced that 1t did not care to prosecute and 1t then became the duty of Burt Brooks city attorney, to conduct the prosecu. tion
 The first witness was Benton Tun nah. He testified that he saw Senator Davis emerge from the Reigler build
 ng armed with a pistol; and he brandished the pistol madly and used abusive language He said that a crowd began gathering and that the actions of Senator Davis constituted disturbance of the peace.
 Edwin Lindsey c. L. Wayman, w. J. McIlwaine and c. T. Perrine all tes- titied that the senator had fourished pistol and made use of abusive epi- thets. At no time did F. NJ. Fulk cross examine any of the witnesses and the senator did not ask any ques- tions.
 After the city attorney had announce ed the city had rested its case, Sen ator Davis arose and after he had mopped the precipitation from his face made an argumentative statement to the court. He reiterated his state ment as published and closed by say ing: If l used any bad language I do not remember it, but if 1t has come to a point where man can be assault ed on the street by a deputy prose outing attorney, and to defend your self constitutes a breach of the peace, then I stand ready to pay any fine your honor may impose
 At 10 o'clock Wednesday morning in the office of A. H. Sanders, justice of the peace Tom Helm, assistant iS trict attorney, appeared for trial. Ife entered a plea of not guilty, through his attorney, w. M. Lewis, of the firm of Murphy Coleman x Lewis, but after the testimony was in he was found guilty and a fine of BIO was assessed.
 Helms attorney stated at the begin hing that, as the prosecuting attor- ney's office was in a sense interested, it should not be expected that the case would not be prosecuted through that channel. An effort was made to obtain at attorney to represent the prosecution, but it finally became the duty of Justice Sanders to question Edwin Lindsey, who was the only witness.
 Lindsey stated that he did not see the fight. He could only testify to the actions of Helm and Davis. When he had finished. Attorney Lewis an nounced that the defense would ad- init that Helm had struck Davis, and that it was only necessary for the court to consider whether fine should be imposed or not.
 When the court announced it's de. cislon. Mir. Helm expressed his thanks. and many of his friends rushed for ward to congratulate him. The fine was paid by Helm personally
 Late Wednesday afternoon R. T. Simmons of Newport went to the of flee of Bradshaw, Rhoton G Helm and asked for Senator Davis cane. Bradshaw refused to part with the cane without a written order from the senator. Simmons left the office and later returned with a typewritten note on a Davis & Pace letterhead. The note was a request for the cane, addressed to Mir. Helm, and was sign ed in ink Jeff Davis" Bradshaw gave Simmons the cane and took his