The Sentinel=record., 1911-05-30
ARGUMENT IN
 CASE TODAY
ALL THE EVIDENCE IS IN AND THE INSTRUCTIONS HAVE
 BEEN SETTLED
Arguments in Rutherford Case VIII Consume the Whole of the Day Verdict May be Reached
 Tonight.

All the testimony in the issue as to whether John Rutherford's visit to the county jail at ? o'clock on the morning of December 26 was a mis- sion of mixed friendly interest and duts. or whether it was as one of a party of conspirators who eliminated their work when Oscas Chitwood was shot to death at the jail door. has been presented to the jury.
 The last day of evidence taking was rather mixed up as between the state and the defense but it was all con cluded by 5:S0 o'clock last evening. Judge Gotham met with counsel for both sides last night and heard their arguments as to the instructions but this point will not delay the course of the trial. for as in former trial. Judge Gotham took the stand that he would listen attentively to the counsel of both sides, and then settle the instructions himself.
 The evidence became mixed early in the morning yesterday when Prose cutor Wood called the court and at torneys Into chambers and announc- cd that he had overlooked the point of getting evidence into the record regarding the rope which Hardy Hin ton had found hanging over the scat- fold at the Jail door the morning af ter the tragedy. He stated that it was material to the contention of he state.
 Judge Gotham listened to the peti- ton of the prosecutor on the question of permitting him to go back into di- rect examination of witnesses. after closing for the state. and also listen ed to the arguments of the defense against the practice. but ruled that under the circumstances the introduc-, tion of the rope testimony would be admitted by the state. If either side said the court. had overlooked what it considered important evidence, l would have permitted it to have been introduced in this manner"
 Thereafter during the day the state and defense attorneys got along very well, filling intervals, and aiding in the procedure of the case without too strict an adhereance to rule.
 The state offered one unusual wit ness. The cab driver who had been hired by Rutherford on the night he and Murray took chitwood to Tho burn. to catch morning train for Little Rock was introduced. He tes- tified that he got the call. and an swered it. and Rutherford tod him that he and Murray were going to take Chitwood to Thoburn. The cab man evidently did not want to make the trip under the circumstances put he testified that Rutherford assured him that everything was all right, and only said of the situation that the - who brought Chitwood Tn from the country should have killed him."
 1t was the first evidence the state had ever written in the record ot 'ne case in answer to the friendly attitude of Chltwood' and Rutherford the eVl taktx xxf dence otherwise on this point pelhs to the effect that Ruthersord had peer r;,d to chitwood and rather heipe' him while performing the duty or ai officer rather than to have tried ' do him injury.
 The introduction of the rope iouh' across the scaffold was the signal io a recall of each of the Houpt pro'h CTS who testified that they had nese seen the hope before it's preseh'a''o in court room. either in the presei instance or at the application TOT o''
 The arguments in the case VIII ' begun this morning at ? o'c'oc There will robably be the ta'se crowd present that has ever gatnefe at a trial in this county. sneriff "e' announced yesterday that he wou put extra deputies in the crowd preserve order and keep down a' whispering while the arguments We being made, 50 that all would have opportunity to hear.
 The doors to the corridors Of '
 eo1rt house wlll also be opened
 fnat the sentilattion will be ma
 c1npleke.
 e<fe is no encouragement of '
 n'< ioF the arguments, but 1t
 psasd that Attorney Gral' 4f4I