Pine Bluff daily graphic., 1914-12-09
TObE LINDSEY 0N TRIAL FOR MURDER Eight of States Witnesses Tell of Killing of Joshua
 Benedict.
COURT KIND TO JURY
Twelve Mcn Permitted t9 t,o to Their Homes Last Night Witnesses Say Lindsey Fired as Benedict Ap-
 pr0ae lied With Gun on Mule.

murder of Joshua Benedict at Mari
 on's mill, near Tucker, on July 26. and eight ot the stare's witnesses had been heard when Judge A. B. Grace ordered a recess at o'clock yester- day evening.
 The jury was not completed until 3 o'clock in the afternoon, when George M. Wells. whose name was drawn from a special panel of four, was accepted. Other jurors are John Harrison, o. E. Perry, J. $. Holder ness, J. C. Roebuck, Ben Dalby, c. A, Kinsel, J. A. Simpson, o. R. Shaffer, Charles Levi, A. H. Reeves and R. lA Poteet. Judge Grace permitted the jurors to go to their homes for the night, warning them against discuss ing the case or listening to 8 dis cuss5on of it. The court compliment ed the personnel of the jury by this action, intimatipg something of the confidence reposed during his in structions just before permitting chem to dissemble.
 The testimony of six of the wit nesses heard was to the effect that Benedict approached on mule car rying a gun; that he was shot by
 Lindsey, who was afoot, and who fired three times after Benedict had dropped. Two other witnesses testi- fled as to hearing Lindsey make threats. Lindsey claims self-defense, and will endeavor to show, it is understood, that he had reason to fear Benedict would attempt to take his life, and that the reason Benedict did not fire was because the first shell he attempted ct throw from the ma gazine "jammed' in the barrel.
 Benedict Did Not Fire.
 Arthur Johnson testified that he was about 200 yards from the scene of the shooting; that he saw the ac cused moving about among the trees and Benedict pass on mule. Re stated that when Benedict was almost opposite the place where he had seen Lindsey, the accused opened fire. Benedict dismcunted, he said, and tried to keep the mule between him and the accused who finally moved around and fired three more charges at Benedict. Witness states that five shots were fired. He did not see who fired the first shot but judged from the sound that Lind sey had done so.
 Arthur Clements, who does not know whether ''he is 15 or i6" years Of age told much the same story as Clements, with the additional state ment that the accused had said "He fired the first shot," and asked wit ness and a companion if that was not a fact. Witness admitted he had agreed with the accused, because he "was afraid of him." Clements also testified that deceased had told him a few minutes before that "This is Tobe's mule and Tobe's pocketknife and Pm going down there to make friends with him." The witness ad~ mitted he had drunk lone little drink" of cider, and that deceased and another had drunk some from a quart bottle before he partook. Clem- ents said he had ridden double" with Benedict until witbjn a few hundred yards of Lindsey, but denied that the reason prompting him to dis mount was apprehension of diff culty. He explained he didn't want "Mr. Lindsey to see us riding double, because I wouldn't want anyone to ride my mule double"
 Others who gave testimony prac tically the same as that of Johnson were R. L. Burgess, John Wilson and James Leath.
 Steve Ashcraft said he was lying on his back in the woods and that Lindsey was rubbing his wrists and flaming him when Benedict ap. preached, and turned toward where witness and the accused were. He heard Benedict say something, where upon Lindsey jumped for his gun and began firing At tine first shot, Bene- dict slid from the mule and tried to keep the animal between him and Lindsey, who fired three more shots Ashcraft said only four shots were fired. He said Benedict had his gun across the saddle, and that at the first shot ne took hold of the piece with both hands and dismounted. Witness denied that he had express ed pleasure at Benedicts death or that the deceased had kicked him earlier in the day. He admitted that deceas- ed had taken ring from him prev ious to the shooting.
 Heard Threats Made.
 F. F. Marion, who conducts a
 store near the place, and Mrs. Ethel Custard, who is employed in the store testified as to threats made by the accused
 There are about fifty witnesses yet to be heard, and it is expected the trial will continue throughout today Attorney w. B. Sorrells is conducting the prosecution with Prosecuting At torney T. G. Parham, having been
 employed by relatives of Benedict Attorney Creed Caldwell is conduct ing the defense. Judge Grace dis played irritation with the methods | employed by both sides yesterday
 and on several occasions chided the attorneys for causing witnesses to re.