The courier-index. (Marianna, Ark.) 1917-current, 1917-11-16
EX-SENATOR SIMS
CONVICTION STANDS
SUPREME COURT AFFiRMS SEN
TENCE OF YEAR IN PEN AND
$1,000 FINE FOR THE ACCEPT
ANCE OF A BRlBE.

Little Rock, Nov 1.-THE SUI
preme Court through Chief Justice
McCulloch today handed down an
opinion confirming the conviction OF
former State Senator S. c. Sims of
Hazen, who was convicted in the
Pulaski Circuit Court shortly after
the adjournment of the last legis-
lature and given one year sentence
in the penitentiary and fined 81 800.
Former Senator l. c. Burgess of Rus
sellville, who was indicted jointly
with Senator Sims, turned states
evidence and pleaded guilty. He has
not yet been sentenced
Sims and Burgess, il was charged
by the state, were caught while ac-
cepting marked money from a detec-
tive employed by the prosecuting at
torney to uncover bribery which was
alleged to have been practiced by
members of the state senate. The
detective had operated under a dis
guise, claiming he was represent
ative of an eastern concern vitality
interested in the defeat of the soft
drink bill, which had been intro
duced in the senate by Burgess.
The two Senators were arrested on
Louisiana Street between Second and
Third, about six o'clock in the even
ing by city detectives. The private
detective was with them. When
searched the two senators had rolls
of marked paper money on their
persons.
Senator Sims appeal was argued
in the supreme court last Monday
by United States Senator Joe t.
Robinson. Chief Justice McCulloch
wrote an exhaustive opinion in the
case. He said demurrer was pre-
sented to the trial court. on the
ground that it was not alleged that
the detective paid money to Sims
with the intention to corrupt his vote
on any bill pending in the senate
The trial court overruled the demur-
rer, and instructed the jury that so
far as Sims impotence of guilt was
concerned, it was immaterial whether
the money was paid to influence his
vote.
Justice McCulloch further said that
the evidence was not to be disputed
that the detective did not pay the
money with the intention to corrupt
Sims vote, but that he was a detec-
tive brought to Little Rock by Prose
cutting Attorney Dunaway to discover
whether there was a corrupt combine
in the legislature.
Therefore, the question in this
case is squarely presented, whether
under the status of this state, the
guilt of bride taker depends solely
upos his own corrupt intention.
1T is argued that the question of
the word and in joining the bride
receiving individual with the bride
giver necessarily makes the guilt of
the former depend upon the guilty
intention of the latter We think
that this is not reasonable interpe-
tation of the statute, and that it
would lead to illogical results
In commenting on the instruction
given by the trial court. the. SUBJ
stance of which was that even
though you believe that the detective
gave Sims 5000. and find that the
bill has been defeated in the commit
tee, and that the detective knew that
fact, and therefore did not try to in
fluence Sims action, you must find
the defendant not guilty" Justice
McCulloch criticized the instruction
as being poorly worded and confus-
ing but did not say that 1t was pref
judicial to the defendants interest.