Pine Bluff daily graphic., 1912-02-06
W I. NICHOLS CASE
 |S AFFIRMED Supreme Court Holds That Evidence Warranted
 Finding of Jury.
OTHER DECISIONS
sntcresting Fee Case is Disposed of From Jackson County in Which
 County is Held Not Liable.

Little Rock, Feb. 5.-"The evidence fully warranted the jury in finding that there was no provccation wha.- ever for the killing and that it was done after delibaration and with pre- meditation so as to amount to mur- der in the first degree is the finding of the Supreme Court in the case of w. T. Nichols, of Jefferscn county. Nichols was convicted of the murder of his wife by cutting her throat a. her home near Little Rock, Sept 16, 1911. There was pending a suit for divorce, and they had been separated for nearly a year.
 Arthur Jones and John Collins, ne- groes, were convicted in Lee county of murder in the first degree for the killing of M. E. Yarbrough Sept. 30, 1911. The cases were both appealed upon alleged ererors of procedure Tn the case of John Collins it was found that an error had been committed in empanelling on the jury man who the evening of the killing to lyncn the accused. His case was therefore remanded for new trial. In the case to instruct the jury on the sub ject of manslaughter, the court holds that this was not prejudicial to the interests of the accused, since the jury was instructed on second degree murder, and found state of facts which would not have been applicable to any degree lower than the first. His case is therefore affirmed, and the mandate will go to the governor for him to fix the date of execution at Marianna.
 There were two interesting fec cases from Jackson county. H. C.. Nuckolls was allowed fee bill of $3.9O in a case wherein Bill Scott was convicted of gaming and sent the road The county appealed but the lower court was sustained. In the case of John R. Lotion, the court de- cides that counties are not liable for costs in misdemeancr eases in justice courts where the defendants are &C., quitted. The judgment of the lowe: court in allowing fees in the case a issue is held to have been erroneous, and the case is reversed and dismiss ed. .rGn
 An interesting point was developed in the case of D. w. Eager, against the Jonesboro, Lake City and Eastern Railroad Express Company, ill which Eager had lost in the lower court. He had sued the Express company for recovery of the value of nine bar rels of ducks delivered Nov. 19, 1909, at Manila, for shipment to Chicago, to A. Stallwood and Go. The ducks had been killed in Big Lake, Hector township, Mississippi county, and while in the hands of the Pacific Elk press Company at St. Louis, were selz- ed by a deputy game warden of Mis- souri, confiscated and turned over to charitable institutions. It was alleg- ed that the shipment was in violation of the laws of Arkansas, Missouri, Illinois and the United States. The game had been shipped in coffee and sugar barrels, with holes in the sides and bottoms covered with tow sacks. The packages were not marked and designated as required by the Lacey act, fer shipment as interstate com merce, and the shipper himself hay ing been in error, the Supreme Court finds that he cannot recover.
 The state has right under decision of the Supreme Court in the case of George Petty, on appeal from PolS circuit court, to enact cotton welgh- CTS law, and the judgment against Petty for violation of the law enact ed in 1905 is sustained. The court finds that "the uncontrovertsd evl- . o.--- ty of the offense charged, and there fore the court did not err in directing verdict against him." The special act applied to the counties of Polk Howard, Columbia, Garland Montgom- cry, Nevada, White and Clark.
 The brief of the state in the case ot R, s. Morris vs State of Arkansas, on , appeal from the Washington circuit court, was filed by the attorney gen eral. Morris is the aged president of the Bank of Siloam Springs, who was convicted of receiving deposits know ing the bank was insolvent. and sen- fenced to three years, in the peniten- tiary. Mir. Morris. an invalid, 70 years old, testified that he knew nothing about the condition of the bank until told that he would have to