The Springdale news., 1914-07-31

| shen, a petition was prepared and signed by about ninety of the we'll known citizens of that community ant forwarded to Judge J. S. Naples, ask ing that he reconsider his action in granting Arthur Whitener bond in the sum of S3,000. Whitener, as most of our readers know, is charged with the killing of Nay Anthony, near Mayfield recently His being allowed several unusual privileges during his preliminary hearing at Fayette- vile, has caused a storm of protest throughout different sections of the county, and The News presents here with a letter recently written by Judge Naples to John w Oxford, a ;, well known farmer residing near Go- shen, and if is an answer to the peti- ton sent him by the Goshen folks It gives in his own language Judge Naples reason for granting the bond. It might be well to say the letter ], is printed without the knowledge of Judge Naples, but The News feels it Is doing duty toward all parties concerned by giving it publicity. The letter follows:
 Berryville, Ark, July 14th, 1914. Hon. J. w. Oxford,
 Goshen, Arkansas
 Dear Sir and Friend
 I'm just in receipt of the letter suppose you wrote for all the peo- pie there relative to the Whitener murder case, so my answer is to all. only wri-e as to my own action in the case. First, was not personally acquainted with either the defendant or the deceased, I doubtless had seen them. l have no feeling in the case, and no interest further than to do my solemn duty under the Consti- tuition and the law. I had not heard of the crime and did not know the names of any of the parties until Walker with the defendant, and Mr. Fuller for the State. appeared before me at Chambers to apply for bail, for the defendant. There l heard all the evidence taken on behalf Of the state. Mr Walker asked that he bond be made reasonable, Mr. Full. asked that the bond be made high. After listening carefully to the evidence ct nf clearly Of the opin. on that the de fendant was entitled to bail under the constitution and laws, and hon estly so believing, it was my sworn duty to grant bail, which l did. Then, if as the proof now stands on the part of the state, defendant is en- titled to bail, should the Court arbit- rarily fix the bail so high that the defendant could not give it? The and the law says not
 The constitution and the law says that when bail is allowed under the law, that excessive bail shall not be required. What is this kind of bail for? It is simply to cause the de fendant 10 be present at the Court for an investigat. on of his crime, by q Grand Jury of his county Will S3 ,000 bond cause him to be there2 If so the law has been compiled with, and the Court has done his duty under the law. let the people think or say what they will or may.
 In this case so far feel under the and under the law that I have done my whole duty, and for defect Il the constitution or i'll the law, 1 am in no wise responsible. and no fair minded people will longer criticise me for complying with the law as God has given me the light to see the right under the law.
 could on my part only do over what have done, if the matter was re-submitted to me under the proof and the law.
 As to how other officers have dis charged their duty in the terrible affair, I'm unable to say. John I've always looked upon you as a cool headed man, of good judgment and sound discretion. know from what you say that the enraged feeling runs high there, and what is most needed in all such cases is cool heads, and the best judgment exercised. Further trouble in such cases only makes bad matters worse This is universally true Now, I've witnessed the trial of many murder cases since I've been serving the public, and have seen, as I understand, justice outraged many times, but it was not done by the Court. The Court can only do certain things under the law, then his power ceases. The truth is af- ter all, the correct and just enforce ment of the law rests with the Grand