Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1916-06-24

DAY CONSUMED IN
ARGUMENT over
BRADBURY CASE
Continued from page one.)

"The state in this case relies upoi
what is called circumstantial evidence
In fact, the matter to be considered
by you is not the kind of evidence bu
the strength of the evidence. 1t is no
left for you to consider the question a
all as to which is the strongest evi
dence, direct and positive or circum
stantial. But the sole question will
you must be whether the whole evi
dence admitted, upon the whole case
establishes the guilt of the accused be-
You'd a reasonable doubt. Does all the
evidence in the whole cast leave il
your mind an abiding conviction that
the defendant is guilty? If not you
will acquit him. If it does you vii
convict him. In cases depending upor
circumstantial evidence it is not nee.
essary that each circumstance in q
chain of circumstances relied upon tc
convict should be established beyond
a reasonable doubt, but it is sufficient
| if all the circumstances taken together
convince you beyond reasonable
doubt of the defendants guilt"
Only Three Verdicts Possible.
Judge Sorrells instructed the jury
that it could bring in one of three
verdicts, these being as follows:
eve, the jury, find the defendant
guilty of murder in the first degree,
as charged in the Indictment" or,
owe, the jury, find the defendant
guilty of murder in the first degree,
as charged in the indictment, and fix
his punishment at life imprisonment"
or,
1--WE, the, jury, find the defendant
not guilty"
The jury was instructed that where
the testimony of any witness is i'm
peached, the jurors may discredit any
portion of the testimony which they
believe to be untrue and may accept
any portion of it they believe to be
true, and the jurors were instructed,
on the other hand, that their verdict
must be based upon all of the testi-
mony in the case.
Big Crowd Is Present.
Perhaps the largest attendance yet
recorded at this trial was present at
the sessions yesterday. Judge Sor-
rells instructed the sheriff to see that
there were no boys allowed in the
courtroom. Every seat was occupied
an hour before the time for the OPEN
ing of court yesterday morning, and
at the night session the officers found
it necessary to clear the aisles and
passage ways Of two score or more
men and women who had been unable
to find seats.
The most perfect order has been
had during the trial, because of the
rule put into effect by Judge Sorrells,
and enforced by Sheriff Williams and
his deputies, that no one should be
allowed in the courtroom who could
not find a seat, and the additional
rule that no one but officers and at
torneys should be allowed to enter or
leave the courtroom during any ses-
sion. This action Of Judge Sorrells
kept the spectators seated, kept the
aisles and windows open and free, and
brought to minimum the noise and
confusion that generally attends such
a large aggregation of people.
Extra benches had been provided to
afford seats for many more persons
than could be so accommodated dur
ing the first Bradbury trial. Within
the rail, a number of these benches
had been placed. No one was allowed
within the rail except court attaches,
members of the bar, relatives of the
defendant and newspaper men. Thus
each of these classes was enabled to
attend the trial without discomfort
from crowding. Extra fans and water
coolers were provided for all sections
Of the courtroom, but despite this
precaution the extreme heat of the
past few days has been the cause of
much inconvenience during the trial.
The Jury.
By this afternoon the fate of
Thomas Shaw Bradbury will rest
With the II men sworn to give him
fair and impartial trial, based only on
he law and the evidence, studied with
,ut heat or passion or prejudice. These |
Il men are as follows:
Alton Kelly, Jefferson Springs.
W. A. Bardwell, Redfield.
Will Case, Jefferson Springs.
G. T. Alternately, Double Wells.
Bill Moseley, Sulphur Springs
L. c. McHenry, Humphrey.
S. r. Baster, Faith.
Fred Anderson, Talladega.
J. l. Walters, Jefferson Springs.
R. E. Butts, Moscow.
J. S. Raglan, Sulphur Springs.
Richard Sholmeier, Dollarway
All are farmers except Bardwell,
Who is a section foreman. Most of
he jurors are married, and most Of |
hem are young men.
This trial has been marked by sew
raj thrills" due to the introduction
# some testimony not brought out at
he opening trial. It has been marked
" the small amount of time lost, the