Pine Bluff daily graphic., 1911-07-08

the trial and that was all that was necessary; that the state could not seriously contend that anybody ought i to be convicted, from the character of the testimony offered at the hear ing. He made a strong plea for Rhea on the ground that he was an orphan boy and had never been in trouble before.
 Attorey W. B. Sorrells, of Pine Bluff, opened for the state. He begun his argument by citing author ties which sustained the position that the court in passing upon the question of bail ought to refuse bail unless it would set aside a verdict of jury, ] were he the trial judge and they should convict defendant upon the testimony had in the case at bar. He contended that a demand was going up from every quarter and especial ly from the bench for a better en- forcement of the law against homi- cides, and that it was now up to the court to say by his ruling in this case whether or not the bench was sincere in their demands.
 Attorney s. J. Hunt, of Pine Bluff, followed MT Sorrells and cited fur ther authorities along the same line and contended that the modern ten- dency to grant bail in capital cases was being greatly relaxed by the courts all over the country. He said that it was high time that Arkansas was turn ng her attention to the en- forcement of laws against crimes of this kind, which he characterized as being the most brutal and cowardly assassination ever committed in his section of the state, declaring that the proof in the case inquest onably showed that 1t was at the direction of Rhea that the mob was formed and that Rhea himself led the mob and fired the first shot in the charge that resulted in the death of the Of ficer
 District Attorney Nixon begun his argument by stating that he was the only attorney in the case on either side that might be termed disinter. ested He said that he never saw the prisoner until ne was brought into the court room at the begin ming of this hearing and was per- sonally acquainted with most of Rhea's people, and had always re- garded them as his personal friends. He said that he had no personal in- terest in the result of the trial; that his duties were no more nor no less than his honor who was trying the case, but simply to see that the laws were enforced.
 The District Attorney declared that in all twelve witnesses had testified, who undertook to know something personally about the for nation and work of this mob, and of the ewelve all of them except Rhea himself, including the dying state- ment of the slain officer, either con- nected Rhea with the formation of this mob or the murder itself. He said that every witness that Rhea himself had placed on the stand, who undertook to know personally about the affair, had either admitted on cross examination that Rhea was with the party; that he procured guns with which to arm the negroes or that it was at his direction that the mules which the mob rode were caught from his lot. The consitu- tion provides. he said, that. when a man is charged with a capital of fense he is not entitled to bail if the proof ba positive or the presump- tion of his guilt great. That when Rhea played the role in th:s affair he did, he forfeited his right to liber- ty, and if given bail it must be upon the petitioners testimony, uncorro- borated by any witness, white or black.
 MT. N xon attracted special at tention from the spectators when Ee declared that the crime was the most cowardly and brutal assassina- tion recorded in the history of South east Arkansas. He said the eyes of this section of the state were upon the court in this matter and he hop ed that the news would be flashed that in the capital city of our state were judges who would do their duty n spite of any sentiment or influen-e that might be brought to bear, as