Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1911-08-16
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THE RHfA CASE
IS COMPLICATED
TWO APPEALS ARE NOW BEFORE
ARKANSAS SUPREME COURT
AND ANOTHER LIKELY
THE WRIT IS GRANTED
Justice Wood Fixes Sept, 25 as Date
OF Hearing for Attorney Hunt,
Convicted OF Contempt.

Little Rock, Ark, Aug. 15-Associ-
ate Justice Carroll d. Wood yester-
day issued an order upon the clerk
of the Pulaski Chancery Court for
a full and correct transcript Of the
record and proceeding in the recent
habeas corpus case, in which w. S.
Rhea, charged with leading the mon
that killed Vital Archard, constable
near Dumas in May last, in which
Rhea was denied bail.
The petition for the writ of GER
tiorari was Yesterday presented to
Justice Wood by X. O, Pindall, attOr
ney for Rhea, and was granted by the
Justice with instructions that the
transcript be filed with the Supreme
Court without delay. In addition to
granting the petition Justice Wool
set September % as the day for hear
ing the case before the full bench of
, the Supreme court.
The order, of course, carries with
it a demand for all the testimony in
The habeas corpus proceeding, which
the Chancery Court subsequently,
ordered to be produced and which
order S. J. Hunt, one of the attorneys
for the state. refused to obey. For
this he was adjudged in contempt by
Chancellor Martineau and fined $4,000
and sentenced to six months in jail
in Pulaski county. From this ruling
Hunt appealed to the Supreme Court,
which ordered writ Of certiorari,
the hearing of the case being set for
October 2.
The order of Justice Wood yester-
day calls upon the Chancery Court
failed to obtain from Attorney Hunt,
for which action fine and Jail SEN
tenee was imposed upon him.
Rhea Again Seeks Bail.
In his petition to the Supreme
Court Rhea st tes that the evidences
before the Chancery Court shows that
he is entitled to bail; that it did mo-
show that he was guilty of any capt.
tai offense. but on the contrary show
ed the absence Of that deliberations
and generalization neeess ~ to con-
stitute a capital crime. He contends
that the proof of his connection with
the alleged crime was not evident nor
the presumption great, yet neverthe-
less, the Chancery Court denied the
petitioner bail and remanded him to
the custody of the sheriff of Jeffer-
son county, which decision he con-
siders erroneous.
More Complications Promised.
The Rhea case is now in a compile
Gated condition and promises to be
more so when the Circuit Court Of
Desha county convenes on August
IS at Arkansas City. This court has
jurisdiction of the case. Two appeals
are pending in the supreme court, orc
by the attorney for the state, who
wants the contempt proceedings re-
viewed; the other by Rhea, who ap-
peals from the judgement of the
chancery Court denying him bail
Another point of law that will be
raised in favor of Rhea when the
Desha circuit court meets is the lega-
lily of the session of the court in
August and the right of the Grand
Jury to indict Rhea. At the recent
session of the legislature bill was
passed changing the time of holding
the Desha Circuit Court from July
to August, it being provided that the
act should not become a law until
so days after its passage 1t is con-
tended that the regular term of the
court should have been held in July.
as formerly, and by holding no court
the term lapsed, no provision having
been made in the law for not holding
the court at the regulor time as here
tofore. Should Rhea be indicted by
the Desha County Grand Jury at the
new term it is possible that the le-
gality of the indictment will be cues
toned. thus furnishing the basis for
another supreme court proceeding
in the case