Pine Bluff daily graphic., 1909-08-15
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While Prosecuting Attorney Roy D, Campbell. of Pulaski county, was ar guing determinedly for a continuance of the hearing in the habeas corpus proceedings, instituted in the Jeffer- son chancery court by counsel for w. Y. Ellis, asking his release on bond. yesterday, Judge Carroll D. Wood, of the Arkansas Supreme Court, was be- ing appealed to by Attorney Frank Pace, law partner of United States Senator Jeff Davis, to issue writ of prohibition to stay further proceed ings in the Ellis hearing and practi- cally enjoin the chancellor from granting the application for bond. Judge Wood received the application in vacation at his home at Monticello and issued temporary writ of pro- hibition, staying the proceedings.
 Like the pardon, which arrived too late. a telegram announcing the issu- ance of the writ was received by Judge Elliott from Judge Wood at , o'clock D. m. Fortunately for Ellis, Judge Elliott had already granted the application and Ellis had walked out of the Jefferson county court house free man. The application was grant ed at ? o'clock and at 2:13, imme- diately after men of means, represent ing nearly million dollars, had signed his bond, he returned to his home with his wife.
 The telegram of Judge Wood re- ceived by Judge Elliott read: "Appli- cation made before me this day for writ of prohibition to stay further proceedings for bail in habeas corpus proceedings pending before you in the case of the State against Ellis. l have fixed the time for the hearing at Mon- ticello Wednesday, August IS. Stay further proceedings until further or ders. Notice of application in proper form will be given to the defendant and his attorneys The message was filed at Monticello at eight minutes after o'clock.
 Immediately after the receipt of the message Chancellor Elliott tried to get Judge Wood over the long distance phone to inform him that bail had al ready been granted, and Judge Wood was also trying to get Elliott on the
 
 of the attorneys for Ellis, heard of the issuance of the prohibition ana was also trying to get Judge Wood, Judge Austin was the lucky one lie reached Judge Wood after telling his brother Zach Wood at Monticello to tell the Judge to stay at the phone. Much excitement prevailed at Hong dis tance" headquarters for some min utes. Judge Wood was told ot Judge Elliott's actions and Judge Wood ln- structed Judge Austin to inform Judge Elliott that he would dismiss all oi the proceedings in the case pending in the supreme court in vacation.
 ue lSSuduCS Ol Lu0 pIOu1oiIiOh Y" Al at the proper time would have been bomb in the lap of the defense. Il would have meant that Judge Elliot would have been deprived of the au thority to issue bail or even hear th' habeas corpus proceeding. Elll would have been taken back to Llttl' Rock and jailed until the meeting 0 the Pulaski county grand jury, whicl convenes the fourth Monday in Sep tember.
 The action of Judge Elliott, afte nearing all the evidence presente' during the day, upset what appears t nave been clever little scheme ol the part of Prosecutor Campbell an his associate counsel, Frank Pace Prosecutor Campbell pleaded for continuance of the hearing in Judg Elliott's court until next Thursday The attorneys for Ellis are chargin that his utterances were insincere