Pine Bluff daily graphic., 1914-12-04
Illness of Former President Of Bank of Pine Bluff
 Causes Delay.
TO TRY LEARN FIRST
States Attorney Secures Postponement of Cashiers Trial, Declaring Con. viction Higher Official Should
 Be Tried First.

'''N Caoes ol w. U. H2arn, late president, and w. c. Hudson, late cashier, of the Bank of Pine Bluff. under indictment on charges Of mak- Ing false statements as to the con dltion of the bank, were continued tor the term yesterday The Hearn case was continued On motion of councel for the defense, who pleaded the i'll health of the accused, while tAe Hudson case was continued at the request of Prosecuting Attorney T. G. Parham, who asserted the be- lief that public interest and justice demanded that the late head of the institution be tried first. MT. Hud- son was in court, with his counsel. Attorneys Alex Rowell, w. B. Sorrells and T. Havis Nixon, evidently ready to proceed with the trial of the l charges.
 Courtroom Crowded.
 The courtroom was crowded when the Hearn case was taken up yester- day morning on a motion for a con- t'nuance, filed on November 9, the date the charge was originally Set for trial. Prosecuting Attorney Parham placed on the stand T. B. Gulledge, Walter Davis, V. o. Alexander, IT,, and George H. Adams, who answered in the affirmative questions as to whether they had seen MT. Hearn down town recently and if he did not appear to be in fairly good health. MT. Parham then asked for an order Of court appointing two physicians to examine MT. Hearn to determine l whether his condition was such as to endanger his constitution or life by submitting him to the strain of criminal trial. Judge A. B. Grace said he knew of no law authorizing such procedure, and that in his opin fen such action would come danger tusly near conflicting with the con- stitutional right of every man to be protected from giving testimony against himself. The court, however, expressed willingness to hear any authorities in support of the pros9cu- ting attorneys motion. MT. Parham admitted there is no statute in Ar kansas providing for the course he proposed, but said decisions of courts of other states authorized Such action. In the absence of any state statute on the point, the court over ruled the motion. The states at torney then called to the stand Dr. Wm. Breathwitt and pr. B. D. Luck, who issued the certificates as to MT. Hearn's condition on which the de- fense based it's motion for cont1nu- ance.
 May Not Recover Health.
 Dr. Breathwitt, physician who | las specialized and now devotes him. self to the treatment of diseases of the eye, ear and throat, said he had rot seen MT. Hearn since the Oc- casion upon which he had examined him and issued the certificate. The witness said that if MT. Hearn had sufficiently improved since November 23. the date of the certificates, to be able to undergo without danger the strain of trial he would consider 1t remarkable. He expressed the opln- ion that MT. Hearn's condition may never improve sufficiently to make it safe to submit him to the ordeal of of trial on a criminal charge, but on ,he other hand he may soon recover.
 Dr. B. D. Luck was questioned as to the nature of MT. Hearns' illness, efter the family physician had stated that he had advised MT. Hearn not to remain indoors, but to get out in the cpen: to meet his friends; to go about more. Dr. Luck said he did not like to state the nature or MT Hearn's malady. At this june, ture Attorney Rowell of counsel for the defense, stated that pr. LUCK would be glad to state privately to the court and the states attorney inc nature of MT. Hearn's illness put that the physician had obtained ms tnowledge in a professional capacity and felt it would be improper to oi- 1nlee the information publicly. Ihe court % said the law considered infor- nation obtained by attorneys, physi- 1ians and priests from clients. pau, cnts % and parishoners in the nature Of privileged communications anu aa thev could not be forced to testify Y as a to tn0 fhese pr. Luck then stated that while MT. Hearn's general health ap- Wears to have improved somewna.' sasn the nn malady from which he is sulfei- mo nc and on which the certificate was
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