Pine Bluff daily graphic., 1912-08-17

the heat of the proceedings when hail was being asked for, and 6 strange fact is that she had not been ] placed on the stand, was not called before the grand jury that indicted Rhea, although she was present at the time.
 So much for the witnesses who i saw the mob when it left the Len nox place, saw it as it passed along the road to the scene of the shooting, and saw it just as the fusillade be- gan. Now to return to Rhea: Hattie Stevenson, Rosa Thomas, Nettie Riley and Minnie Johnson were i'll Rhea's house two miles from the scene ot the killing, in Rhea's presence, at the time it happened.
 "Another strange feature of the case is that May Tucker one of the negroes with the crowd at the scene, 8 fact testified to by every witness for state and defense who saw the party, has never been placed on the sand, did not testify at the habeas corpus herring, although i'll custody, nor tetore Ire grand jury, and the defense las an affidavit from a former cell-mate that he told the states at ! torney if he were placed on the stand he would testify that Rhea did not go with the crowd, did not inspire ! the killing, and was not responsible for Archard's death.
 'tThe defense has proof that Minnie Johnson told the states attorney she would not again swear a falsehood against Rhea; that he did not go with the crowd, that he was at her house . two miles away, and she would go to the penitentis3y for her former perjury rather than reiterate it and swear his life away. Rosa Thomas is ~laan to have been the kept woman Of Grant Sanders, and it is claim ed by tine defense she was the instigator of the conspiracy, and before Grant Sanders died (since the triaD she sealed his lips from a confession by telling him if h. dli tell the truti, 1t would send her to the penitentiary.
 We have characterized the result of the case in Supreme Court as a misappliction of modern policy in the decision of criminal cases. That policy is in direct conflict with the
 rules laid down by the venerable Judge Eakin in Oliver vs. State, 34th Ark, wherein he said, this court has never adopted the rule of refusing a new trial IT all or any cases where there has been any evidence whatever. however weak, to support the verdict what is called scintilla of evidence. Further that court said:
 "sn ali cases, even those Of con- flict, this court will direct new trial when upon inspaction of ti4e evidence. the verdict is so clearly and palpably against the wight of it as to shock the sense of justice. The line lies between mere preponderance within the bounds of a fair difference of opin- ion and that gross preponderance which indicates an unreasoning pas sion or prejudice on the part of the jury, or a misapprehension of the law, or disregard of the legitimate sphere cf their action.
 "st is as clearly the right of the de- fendant to be secure in his life and ! liberty, on final trial, until his guilt is proved to moral certainty. as it IS to be secure ill the retention of his property. If the calamity in our situa- tion is such that we must take human life upon evidence falling short of demonstration, we ought, at least, to be careful not to take it upon any measure of proof lower than the high est degree of certainty attainable from the most reliable evidence applicable to the nature of the case. We ought Aiot Io tdht It upUIl tile UcSIliQOlV or false witnesses, or witnesses without the means or opportunity Of knowing the truth of what they testify or or ak abou.
 Tne court at which Rhea was in- dicted was invalid and was so held in the dissenting opinion of Associate Justice Hart in the Pearlic Jackson case.
 We are not asking for pardon or communication for Rhea, all that he have ever demanded, or ne has ever asked, is the negroes be tried before hls case is disposed of, when we know that his innocence will be proven
 Acting Governor w. c. Rodgers re- fused to interfere in the case as it is now in the Supreme Court of the Uni ted States.
 Ihe Trials of Traveller.
 Il am traVofipu 60 o1oe,,,,,p x,..:4.