Pine Bluff daily graphic., 1916-02-22
FATHER AND SON, GRANT RESIDENTS.
 TO SERVE TERMS High Court upllolds. Judg- meint in Case of Towards
 Who Killed Brashears.
DID DUFFY JUEfr
 OR WAS HE PUSHED?
Hampstead Man Who Obtained Barn. ages from Iron Mt. in Lower Court Must Again Prosecute Suit-Usury
 Not Defense for False Prrtense.

Little Rock. Feb. 21.~-W. A. Howard and Lucien Howard father and son, both of Leola, Grant county, must serve penitentary sentences for vol untary manslaughtcr, the supreme court today affirming the judgment of the Grant circuit court. The two men were convicted of killing John Brashears in an altercation ari1'ng when Brashears' calf got into a gar den in which one of the Towards was raising vegetables. The fight that ensued was waged with sticks and clubs. Among the exhibits sent to the supreme court as part of the evil dence in the case were piece of a fence gate. fence rail and another piece of timber.
 Usury Not Defense fer Crime.
 Usury cannot stand as q defense for false pretenses, tho supreme court Monday morning held in sustaining a verdict sentencing J. r. Judkins of Pope county to the penitentiary for three years. Testimony showed that Judkins had borrowed $350 from J, N. Hoffman, also of Pope county, .lud- kins' note being secured by chattle mortgage, Later Judkns induced Hoffman to release the note and to take what was represented as third mortgage on real estate instead. 1t was found that three mortgages ai- ready were against the property. Jud- kins then was indicted on a charge ot false pretenses, and set up defense that Hoffman charged him 20 ger cent interest, which was usurioUss aud therefore that the note as well as the mortgage should be hold void. The supreme court held that usury could not be set up as a defense in such Q p1oceedings-that iudllins had legal recourse to recover from Hoffman il uslrious interest had been chadgod.
 Railroad Case Reversed.
 The court reversed suit giving Thomas puffey of Hempstead county a judgment against the Iron Mountain railroad, romanding the case for a new trial. Duffey~ claimed to have been pushed or knocked rom pas senger train while en route from Fnl- ton to Texarkana. The train auditor and conductor testified that Du3fey jumped from the train because they had threatened to have him arrested whon the train reached Texarkana fo' having bottle of whlskey ili his possession while on the train The court reversed the verdict because the Miller circuit court. where the case was tried. refused to instruct the jury that if it believed pufeS jumped from the train to avoid arrest, and that if it believed the train vas goinc too fast for an ordinarily pru- dent person to attempt to allahf, to return a verdict in favor of the haIl- road company.
 Cases Decided.
 The following opinions were dellv- cred in the supreme court Monday:
 By Chief Justice McCulloch:
 w. A. and I.ucien Howard vs. State from Grant circuit court; affirmed.
 l. F. .Judkins vs. State, from Pope circuit court; affirmed. Jusctle Smlth dissents.
 By Justice Wood:
 State OK rel vs. Board of Directors School district of Ashdown. from Lit ile River circuit court; affirmed.
 George NJ. Foreman vs. G. D. Hot lOWay & son, lIuiu nut t"''ANN'' ; court; affirmed.
 By Justice Hart:
 D. o. Darrow vs. Martha F. barroW from Franklin chancery court; re- versed and remanded
 I. W. Burton vs. E. D. Creel, from Miller circuit court; affirmed.
 P. H. Joest Vs. Clarendon x Rose dale Packet company, from Monroe circuit court: affirmed,
 St. Louis, Iron Mountain x South- orn Railway company vs' Thomas Duffey from Miller circuit court re- versed and remanded
 By Justice Kirby:
 Southwestern Surety Insurance company vs. Adolphine Fletcher Ter " ct al., from Pulaski circuit court reversed and dismissed.
 By Justice smith:
 Ira Robertson vs. c. Il. Sharp Con tracting company, from Hot Sprlns chancery court; affirmed
 F. c. Lewis vs. c. E. Fakes, from Woodruff chancery court; affirmed.
 Concordia Fire Insurance company ys. l. W. Mitchell, from Hampstead