Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-05-27
nixon TO URGE
OTHER CASES
Acquittal of Judges and
Clerks Has Not Changed
His Opinion
JURY OUT ONE HOUR
State Rested When Court Convened
e. and Defense Put Four Defendants
and One Other On Stand.

DR.. S. D Wilson, H Dellmon,
William Miller and Jack Kerwil,
judges and clerks in the First ward
at the primary election held March
30. 1910, and who were indicted Err
falsifying returns, Were acquitted by
a jury in the circuit court Friday
afternoon, after the jury had been out
just one hour District Attorney Nix
on, who prosecuted them, declares
that he will insist on the trial of the
men in each and every case IL. which
they have been indicted, until a con.
numbmer of indictments still pend
ing against the judges and clerks IN
connection with the alleged frauds in
the First ward and in one of them
they are charged with perjury.
When court was convened Friday
morning District Attorney Nixon an
nounced that the state would rest
The defense placed each of the de-
PENDANTS On the stand, all of whom
testified tina. they made the returns
just as they found them and that
there had been no fraud practiced ~
them. Jack Holland, who served as
a deputy sheriff at the polling place,
said. hee4saw nothing wrong at the
polls and asserted that he was in and
out of the polling place all day. No
other witnesses We're used by the de-
Tense.
Assistant Prosecuting Attorney r.
G. Parham made the opening speech
for the state and the many specua-
tors in the court room declared L. to
be the best he has ever made since
his admission to the Bar. Colonel
S. M. Taylor, one Of the counsel fer
defendants, made a beautiful appeal
in behalf of his clients. He reason
ed with the jurors and pictured The
lives of the defendants as spotless.
His final remarks were especially at
fecting, when he urged the jurors to
return the defendants to their fam
lilies and TO their relatives.
District Attorney Nixon in his
closing speech dwell upon the law and
evidence entirely, citing the fact that
10 witnesses had testifieds that they
had voted for him on election day,
while only 40 votes had been returned
for him by the judges and clerks
from the alleged "tainted" precinct.
He declared that he had no great
personal feeling against the. defend
ants, but that the ballot was sacred
and ough. TO be protected. He could
not imagine 10 men perjuring them
selves ON the witness stand just to
put stripes ion four others. He SPOKE
for one hour, defining the law and
the Instructions of the court.
Instructions to the Jury.
The instructions defined the law
controlling elections and state the
punishment for persons found guilty
is not less than six months in the
penitentiary and no. more than five
years in the penitentiary. The in
structions further state that if The
Jury finds that the judges and
clerks made returns to the duly con-
stituted executive committee OF the
votes were cast at said first ward
and that said S. ]. Hunt had recefv-
ed 239 votes and the said T. Havis
Nixon had received 40 votes, and
should you be further satisfied by
the evidence beyond a reasonable
doubt that the said S. ]. Hunt did
not in truth and in fact receive 2S9
votes as ssown by such returns. and
that the said T. H. Nixon did.in truth
and in fact receive more than the
said 40 votes returned, and that the
defendants or either of them know
tr.sily and felcniously made such false
returns of the election in said First
Ward, you sh,uld find the said de-
fendants or such ones of them as you
sence to have nsie
.s CHI 49,.