The Prescott daily news., 1909-08-03
DILL CASE GOES
 TO THE JURY TODAY
Unless There is Hung Jury a Verdict
 Will Be Reached By Morning.

Before night the jury will have | the Dii, case and be de.aberating
 upon 1t. By morning a verdict
 may be rendered but the general
 impression is there will be hung
 jury Lewis Rhoton completed his
 argument today and for the most
 forclbie, most scathing denuncia-
 ton of the states case, it was
 the most powerful ever delivered
 to a jury i'll Pulaski county. The
 attorney for the defense began
 about the middle of the afterY
 noon when Frank Pittard, also
 for the defense closed, and when
 court adjourned at RhOtOn an-
 nounced he was but half through.
 He stopped for about ten minutes
 In the argument and at asked
 that the court adjourn for the
 day as he was weak from the
 loss of blood and could not cbn-
 tinue. Attorney RhotOn started
 his argument by saying the state
 had elected to stand or fall up- on proving criminal assault or
 nothing and he wanted the jury
 to find his client guilty on the
 cutting Attorney Campbell began
 intended to prove him innocent. If
 guilty or if the jury found Earl
 Dill had been in the Pythian hal
 at the time the assault was com mitted. Attorney Rhoton said he
 wanted the jury to find his eli ent guilty and hang him accordr ing to law. Attorney then devoted a passing moment Ito Walter H, PembertOn the assistant for the state who was engaged by Pine Bluff friends of Miss Ray Burk- halter the prosecuting witness. He flayed the special assistant attorney for saying to the jury it was his opinion Dill is guilty. He said this was something a pro secutor should not do, and in al of his (Rhotonis) years as prose cutting attorney, he had never been so unfair to a defendant as to try and influence the jury with an expression of personal belief. Attorney Rhoton devoted some time to testimony he charged Miss Burkhalter with withhO. ding from the jury. He said she stated she did not know the result of the eXaminat tiOn made of her af- ter the assault by Dr. Stewart in Pine Bluff when it was evident she did. He then passed to George Rlsen the deputy constable, anl Barney Steil the deputy sheriff
 who arrested Din and took him before the girl. They said they were so wise in the case they could not arrest the wrong man and with this expression of con fidence they had the man, they took Dill before the girl, who promptly identified him as the guilty person. He stated they had produced Curly Gibson the Hot Springs jail bird and k. D Wagner an eX-convict to testify against Dill Wagner was produced by Joe Lynch also in the Hot Springs ;aii who had been offered money by Steil if he produced incriminat- ing evidence against Dili., At. torney RhOton stated Lynch could not produce the evidence and a hurry call was made to him over long distance telephone the day before Gibson was brought up to testify, when Lynch was prevailed upon. to For Gods sake get some one to testify Holding up g,ass of water Attorney Rhoton said it
 was clear and represented the case. He then dropped a large drop of ink into the glass and
 became colored. He called this drop of ink Gibson. He then let a smaller drop of ink into the water and called it Wagner The water was then very cloudy and the attorney stated it was the states case after the two felons had testified. Paying his tributes again to the arresting officers, Attorney Rhoton said they were like the African dogs who chase their prey, one dropping out to rest while the others keep on. and thus always have fresh dogs in the chase. He said Steil, Gibson and Rison were the dogs who in turn chased evidence for Dill. Re- rerring to Sheriff B. l.. Robeuts Attorney Rhoton praised him highly for his manly attitude in the case in advising Dill after the arrest to make. no statements tc any one but his attorney, as the charge against him was grave