The Mena weekly star. (Mena, Ark.) 1904-1977, 1911-06-01
DONAGHEY In THE
CHITWOOD CASE
Deals Blow at Rutherford Defense
by Pardoning Prisoners So They
Could Testify--Rutherford
Sticks TO Mob Story.

Hot Springs, May Ex-Governor
Donaghey rendered the prosecution
in the trial of John Rutherford,
former deputy sheriff, charged
with the murder of Oscar Chitwood,
which is now in the Circuit court
the great service of issuing par
dons for those state witnesses who
had been inmates OF the county
jail the night Chitwood was taken
from his cell by Rutherford, and
who were convicted either for the
offense for which they were at that
time incarcerated or for misde-
meanors since that time.
The defense attempted q master
stroke today when it tried to pre-
vent witnesses who had been pris-
oners in the county Jail on the
night OF Chitwood's murder, and
who had been convicted, from tes-
tifying. IL was clever move on
the part Of counsel for Rutherford,
but they reckoned without Judge
Wood. who waited until George w.
Murphy, chief counsel for the de-
Tense, had made his motion, and
who, before the court acted on the
same, arose, holding in his hand an
official envelope which contained
pardons from Governor Donaghey
for all state witnesses who had
been convicted.
Almost the entire day was given
to hearing the testimony of the for
mer inmates OF the county Jail
when Chitwood was killed. They
told practically the same story,
their evidence being to the effect
that Murray had cursed and abused
them for having the windows of
the Jail open that night; that they
were locked in their cells, the
women said, for the first time the
night Chitwood was killed.
or the negro women examined,
Cora Liddon received the severest
grilling at the hands Of Col. Muir
ply. He confronted her with her
testimony which was given in se-
cret before the coroner's inquest
at which time she stated that she
saw man grab Chitwood when
Rutherford was alleged to have
pushed him through the door of
the Jail and said: go on out; there
is man who will carry you TO the
city Jail"
Former Sheriff Houpt testified
that he was seven miles from Rose
bud, Tex, the night Of the tragedy,
and many witnesses were called
later to testify that they had met
him in Texas preceding and after
the morning Chitwood was killed.
John Rutherford was placed on
the stand this afternoon TO testify
in his own behalf, and whein court
adjourned until Monday he had
given little more than half his
testimony. Rutherford stuck to his
former story OF the tragedy which
he told at the time Of the killing,
with the exception Of the number
in the alleged mob. On the night
of the killing he claimed so masked
men overpowered him. But this
number. dwindled down to five.
Rutherford claims he feared mob
violence and started to the city
Jail with Chitwood in order that
better protection might be given
him should a mob attempt to
lynch him, and that be was met al
the Jail door by a number Of mask
ed men. The guns and the keys TO
the Jail were taken from him and
the prisoner shot when he
screamed. The witness declared he
could recognize none Of the mob.
Nearly every member OF the
Houpt family were placed on the
stand today and admitted that they
were paying Rutherford's expenses
during the trial. including the at
torney's fees. They claim they are
taking such interest in the case
because Prosecuting Attorney
Wood has insinuated some Of them
are implicated in the murder.