The Sentinel=record., 1914-01-31
WHEN BAR ELECTED uIDcE GRAHAM NOT IN SPECIAL
 CASES, TO HOLD COURT.
REGULAR TERM ENDS TODAY
Several Motions for New Trials Will Be Taken Up. Among Them the One Filed by Ben WooIman. the
 Slayer of Mrs. Deborah Welborn.

When Circuit Judge Gotham be. came il Thursday and Friday morn
 ing the bar assembled in the circuit court room elected Judge James l.. Graham to sit as special judge but not to act in special cases, that ac. ton disqualified Judge Gotham from further official action at this term Of court. according to one supreme court decision, which was discussed freely by members of the bar in the court room yesterday afternoon.
 Usually where regular circuit judge is disqualified in a case there is form of election by the bar, and the special circuit judge elected serves on that special case only, but it seems when there is disqualified tion through sickness. according to the decision discussed, the special judge remains in authority through out the remainder of the term.
 In order to prevent regal tangle from following the situation, Judge Gotham was notified yesterday after noon by Judge Graham of the point brought to notice and Judge Goth am, though not well. came to the court house, where members of the bar had assembled to discuss the sit uaJion.
 "I have come 10 get the opinion of the bar on the situation" said Judge Gotham Whether or not l may re- sume the bench at this term, which ends tomorrow, is probably not Of serious consequence, except in one case under advisement in which l expected to render a decision tomor- row. The point seems never to have been raised before. except in one case"
 Judge James E. Hogue was asked as to his opinion and he cited the forty-fifth Arkansas report, in which he said it appeared that the disquali- tication was for the remainder of the term He recalled the case in ques- tion, in which the supreme court had set up that when at the begin ming of a term the regular judge was not present. the bar should hold a meeting at 10 o'clock on the morning of the second day of the term and elect a presiding special judge to serve until the regular judge came in; but that the court had stated alst as an authority that when through hness or death the judge presiding was disqualified another should n> elected to serve out the remainder 0. the term.
 "It seems if I had not become dis. qualified as being sick, but had mere Iy remained away, the question would not have been raised" suggested Judge Gotham.
 Attorney Sawyer, who with Attor. neys Davies and Sumpter. are very much interested in a bank case in which decision was to have been made today. suggested that he would confer with the other lawyers, and if they would agree he would, that Judge Gotham hand down that par ticular decision and that no point afterwards be raised against it, but that neither side be deprived of the right of appeal on other grounds.
 This agreement was entered into and Judge Gotham will take the hench some time today and hand down the decision in that particu- lar case.
 The question as to who shall pre- side during the whole of today, how ever is in doubt, with the indications pointing to Judge Graham, for the reason that with but one supreme court decision on the point, and that favoring the special judge, there would be less ground for any legal contention that might follow.
 There are some motions for neW trials to be passed on, most interest ing of which is probably that or Ben Woolman who was convicted or Voi- untary mansluaghter and gwen a sentence Of two years in the state penitentiary for killing Mrs. Deporiah Welborn in this city year ago. ana attorneys for whom have made a mo ton for a new trial. In the event that motion is denied the sentence of Woolman will follow at this term of court. There are some other mo