Pine Bluff daily graphic., 1909-12-04

is pretty sure that there will be a night session either tonight or tomor- TOW night, most likely tomorrow.
 Complicated Murder Case.
 This has been one of the most com plicated and exciting murder cases ever tried in Pulaski county. Neither of the parties ever resided ill I4ittla Rock, and were but little known here. but much local interest was mani fested in the case because of the nut titude of sensational incidents of the parties and the peculiar circumstan. ces that are interwoven with the case since the separation of Parker Willis and his wife until the tragedy here last July.
 Lewis Rhoton Opens fo rStatc.
 Promptly at go o'clock EX-Prose- cutting Attorney Lewis Rhoton made the opening speech for the state and spoke for 40 minutes He will con clude his speech this afternoon
 Mr. Rhoton said in part:
 The defendant is charged with murder in the first degree, but he may be found guilty under the law. of crime of lesser degree or acquit- ted outright.
 The fact of the murder is proven defendant to offer excuse or .iustifi- cation of the crime, and l assume. said he. the defense to be temporary or emotional insanity. The burden is upon the defense to establish in the mind of the jury beyond d reasonable doubt that the defendant was insane when he shot Willis.
 He told the jury that the judge would instruct them that insanity IS not a defense to crime but disease. and if that disease kept Ellis from knowing right from wrong and his mind was so diseased that he could not control his acts, he would be was only affected by anger passion or other malice it would be no jus tification.
 Mr. Rhoton told the jury that the court would tell them that they were to take the testimony of the experts just they would like the testimony of any other witness that their say ing the defendant was insane did not establish the fact and it was for the the testimony of the experts; and that every statement of assumed fact 'n the hypothetical question must be ese tablished by the evidence produced or the hypothetical question goes out of the case.
 Said Mr Rhoton: There is but on" witness save the defendant and the experts who say the defendant was insane when he fired the fatal shot and that one was Judge Austin. whose integrity and veracty no one would doubt but being an attorney for the defendant for many months and in- terested deeply in the case and liable to human passion and impulse might be prejudiced in favor of the defend- ant"
 Referring to the opening speech 0: Judge Vaughan Mir. RhotOn quoted him in what Ellis had said to him when he was preparing the case. Mir. Rhoton claimed that what Ellis told Judge Vaughan objected to reading anything from his opening sl>eech but his objection was overruled and Mr. Rhoton proceeded to read that DOT tion of Judge Vaughans speech in which he outlined the facts as stated to him by the defendant. which he said defendant said to him that b. was sitting there quietly listening to the argument and said he had heard what was said by Davis and Austin in regard to where the child was That the defendant told him of some other incidents which transpired in the court room that day, and Mir. Rhoton contended in his argument that all Ellis said while on the stand that he heard on the day of the kill nig only the order of the court. of all that was said on that day, and had no distinct recollection of that.
 The court told the jury that what Judge Vaughan said in the opening speech was not evidence and that Mr Rhoton could only use it as arsu- ment.