Pine Bluff daily graphic., 1910-12-16
The Afternoon Session.


 At the conclusion of the states tes- timony taking, District Attorney Nix on rested, He did not produce what was looked for to be one of the strongest witnesses yet presented, Mary Rutherford, who was Ethridge's housekeeper n Mississippi, and who is said to have been in Pine Bluff with him on the night of the killing. The Rutherford woman was brought | here from South Carolina to testify, but was not used. It is reported the | state did not wish to "tip off her l evidence to the defense, in case she was needed.
 Senator Toney and MT. Knox then | introduced a number of affidavits sworn to in the county jail in the presence of Circuit Clerk G. E. Lytle, Hardy Klgore and Magistrate w. b. Vance. MT. Lytle and MT. Kilgore both testified that the negroes made the af- fidavits voluntarily had sad each word they contained and which were read to them was the truth and willingly swore to every statement in them.
 The affidavit of Doc Ragland was to the effect that F. H. Walker had used undue influence to get Il III to testify for the state in the case. He completely exhonerated the Hardys, Of Drew county, whom he testified on the day before (that Ethridge told him had employed Ethridge to do the killing. He also exhonerated Eth ridge of the murder charge in the affidavit. The negro further swore that he testified as he d.d here be- cause he had been promised freedom.
 Sim lar aff davits were presented by Senator Toney from Lillie Rag land and her son, Andrew Ragland. They stated that District Attorney Nixon told them they would be per mitted to return to Miss ssippi in eight days if they testified as they did. It was proposed by the defense to place Cci-St-ble Frank Stewart on the wit ness stand to testify to letter, wh ch had been VT ten by J. w. Carter, an aged Little Rock negro, a few days after the tragedy, in which Carter said he held horse while Charles Jackson, local negro, did the killing It developed that Carter tried to im- plicate Jackson to get r.d of him, as they were both infatuated with the same negress. Carter was indicted tor libel and convicted. Constable Stewart was not called nor were sev- era other witnesses for the defense, the attorneys finally agreeing that former Sheriff c. M. Ph'lpot would testify that physical facts at the scene of the tragedy would bear out the false confession of Carter. l.. E. Cheek tried Carter at that time and believing him guilty of the assass IT. at'on, bound him over to await the action of the grand jury.
 District Attorney Nixon took the stand to impeach the testimony of the Raglands in their sworn affidavitsl He said he used no undue influence or took no advantage of the negro wit nesses to get them to testify in the case. He said he took the stand for the purpose of rebutting the test mony contained in the affidavlts wh oh he sadi, were procured from the negroes in jail by Judge Kerwin , He said he did not care and would not make any statements in the case about the statements either of the de- fendants may have made to him or anyone else in his presence.
 At the conclusion of test mony for the defense City Attorney W. B. Sor- rells. who was employed by the Me Ways to aid in the prosecution, opened the argument for the state. Much oi his time was spent in a severe ar raignment of the attorneys for the de- fense. He complimented Sheriff Brewster and District Attorney Nixon for their diligence, and declared tha' the assassination was most cowardiy The proof shows conclusively, he salo that Ethridge is the man who ffreo ! the fatal shot that sent Albert McVas i to phis grave.
 l MT. Sorrells was followed by J. C Knox, for the defense. He made ar argument n which the law and he purposes were defined. Under the law, he argued, the state must nave ' reasonable grounds to hold a man or
 a minor charge much less. serious charge like that docketed againsa } Ethridge. The evidence of the state
 he said, must be reasonable. In hif opinion the states strongest witness and the only testimony upon whics