The Sentinel=record., 1918-11-17
sreeIaI to The sentIneI-Record

Special to The Sentinel-Record Mt lda Nov. l6.-Dr. ] W. Smith. who shot and killed Danny Shannon | in Hot Springs on the night of August 9th was tonight acquitted of that charge when about four hours deiib- eration the jury that had spent the week listening to the evidence, return
 cd q verdict of not guilty.
 The jury received the case at { o'clock fin fhe afgrnoon. Judge Wood instructed the audience to leave the court room, the defendant was accom- panied down stairs, and the issue was then and thereafter a matter wholly with the twelve men who had listen cd to more than fifty witnesses on the stand 10 the combat Of attorneys skilled in their profession on both sides, to a conflict of testimony that is rarely reached in proportion in any case, and which jury had spent the en- tire week grouped together under the direction of either Sheriff Bradford or some Of his deputies.
 Perhaps there was never case ..i-- ed at Mt Ida that attracted more inter- est here, and certainly none that ever had been taken from Hot Springs that was followed with more interest from that city.
 The tremendously heavy rains Of Friday and Friday nush: interferred some with the progress of the case and the roads were so cut up that perhaps few Of the intended witness es never reached the scene. Certainly a few more would have been subnoened after the unexpected turn in the case when James l.. Graham had taken the stand as a corroboratiye witness Tor Dr. Smith. exccpt for the almost i'm possibility of the roads.
 The weather broke about the time the crowds began to gather at the court house to listen to the argu- ments. The sunlight that streaiSed through the tall windows bolstered up the crowd. The seats were soon crowd ed far teyond capacity, and within q little while more the aisles and en- frances were crowded. and some were seated about :he walls on their haunches, content with even that po- sition through so interesting a debate as was anticipated.
 Circuit Judge Wood had settled the instructions in conference with the att torncys the night before. and they were read to the jury before the ar guments were opened. These instruct ions covered the various grades of homocide. from first degree murder,
 ) manslaughter.
 Judgo Orlando III. Sumptev was the first of counsel to address the jury. making the opening for the state. He reviewed the domestic relations of the Smi hs, and took the position that Dr. Smith was at first seeking a divorce from his wife through a medium that would relieve him from the dover, and thereby save him money Tn suD- stantiation of that" said Judge Sumpt- CT "we have evidence of the damnabYe charges of incestious relations that he made against his wife. and then at tmpted to use the threat of such an exposure to force an agreement to a separation. Then later he realized the fruitlessness of such a movement. and made an effort at reconciliation" Judgc Suinpter then stated .hat lster and on the day his wife had brought a suit for divorce. that would have pro- tected her from such slanderous ac- cusatlons, there sprung into the mind of this man who had legal learning. the thought 10 kill Dan Shannon, the brother, and the one person who could give full corrchoration to the claims set up in his sister's petition Tor di- vorce. Judae Sumpter insited that the jury either find for murder in the first degree or acquit the accused. "If the indictment as made by the state uf Arkansas have been sabstantiated
 re as we claim they have been" said Judge Sumpter then t is your duty under your oaths to find this defendant guilty as charged"
 GiAson Witt spoke first for the de- fense. He insisted that there Vas be- fore tho jury for serious eontemgla-
 m cniy the things shas happened