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JURY STILl OUT Carouthers Case and Mistrial Seems Probable—Mayberry Jury Made Up The jury which heard the case William H. Carouthers for e killing of Noah L. Albright, ough it has been deliberating r 21 hours, has not reached a rdict and while up to noon iday had not reported it inabil ■ to reach a judgment, the gen ii opinion coupled with rumor that, it is hopelessly disagreed i almost evenly divided. Ten jurors were secured Fri )r morning in the case of the te versus Elbert Mayberry irged with the murder of mk Vance last November 7 a room on the second floor of Planters’ House. Upon the ult in the Mayberry case, ges also the trials of Grover rott, W. S. Thompson and liam Ballard, who were in the m at the time Vance was shot who were indicted at the iter term of court on the rge of being accessories be s the fact. tuckey and Stuckey repre ; the defendants and the ju which is to try the Mayberry !, is made up largely of local lens as a number from the liar court panels have al ly been excused from furth ervice. fOURNED TERM OF COURT. hat there will be an adjourn erm of circuit court in De ber is now almost certain, as ijority of the local bar ap ed to Judge Jeffery for such m in a public hearing Friday ling, urging that a heavy inal calendar had prevented trial of pressing civil suits, 'e Jeffery consented to an urned term, but did not c that he would be able to de as he owed his health, and best mental efforts to •emainder of the district as i as to Jackson County. ; a conference of the attor , suggested by Judge Scar ugh, Hon. Charles F. Green f Brinkley was agreed upon ipecial judge and being led by telephone, accepted rust reposed in him, but it lot yet been definitely de wbether the adjourned will DIO 11AAA 1~\aaawiKav I3UMENT OF COUNSEL, e closing arguments in the am H. Carouthers murder were made Thursday after by G. L. Grant of Little and S. D. Campbell of New for the defense and H. L. ler of Walnut Ridge for the |* These eminent lawyers i all at their best and their rsses to the jury will long |membered by the large au r which packed the court land sat throughout the af |on interested and tense, un [ul of the passing hours nor p °f the impassioned ap I of the speakers, f ^rant came first and is |to have made one of the [talks of his career. He Pod many points of the evi r t° show the character or |sses used by teh defense, Inlimited evidence to prove pngerous character of the P^ain and the repeated, con i threats made against Car ps life and their communi cation to the defendant. He also took up the evidence immediate ly surrounding the killing and made a strong argument in support of the shooting being necessary to defend the life of the man on trial Mr. Campbell, on the other hand, devoted his argument largely to the instructions of the court in this case, a field in which he is recognized without a peer among the attorneys of | this section of the state. His ! remarks were replete with illus- j , tration and reference to the j classics and received the close |! i attention of the jury. Mr. Ponder concluded for the state in a brilliant address, which he opened with a reply J to a previous talk as to his rnission in this court and, telling of how his wife had urged upon him his duty in helping the state to punish this defendant. He pictured the grief-stricken widow of the slain man as the most true and correct picture of loneliness and sorrow that he had ever witnessed and in splen did voice and beautiful expres sion drew from the evidence in the case reasons why justice the supremacy of the law and protection of society demanded a conviction in this case. The case was turned over to the jury at 5:30 p. m. and half hour later court was adjourned j for the everting recess until 7 p. m. At the night session, many waited throughout the evening for the jury to reach a verdict and report. But no word came and at 10 o’clock, Judge Jeffery adjourned court until next morn ing. The jury had been asked if there was any disagreement or doubt as to the instructions, but replied that the division was as to the evidence or rather the jury’s way of seeing it. Notice to Boys and Girls. Monday, September 29th, we will give to every school boy and girl who comes to our store, a Webster school tablet. THE NEW STORE. 50d2wl J. D. Carvell & CO. For Rent. First class storage room at Bow en’s Cash Store. 39dlm Moving Pictures at the Opera House IS Reek Per Week. A FLAG OF T.WO WARS. A good military drama of the Spanish War, showing the Am ericans fighting under the stars and stripes and the Confederate flag. (SELIG) THE HOUSE OF DARKNESS An excellent drama featuring Lionel Barrymore, Clara Mc Dowell, Lillian Gist! and Mae Marsch. (BIOGRAPH) THE SCHOOL PRINCIPAL A wealthy girl decides to teach —She is so mean tempered that the principal asks her to resign. Later she changes and they be come good friends. Arthur Johnson and Lottie Brisco as leads. (LUBIN) Three good pictures and good music by the orchestra ADMISSION 5 and 10 CENTS First District Under New Law Paragould, Sept. 24.—State Highway Engineer- A. S. Kilgore of Magnolia, Representative A. V. Smith of Banks, author of the State highway law, and C W. Highfill of this city, member of the State Highway Commission, held a meeting in Paragould to day and prepared the charter for Road Improvement District No. 1 of Greene county, the first district organized under the new highway law-. The new road runs from Para gould east 11 miles to the St. Francis river. At a point one mile east of Paragould another road, running south to the Craig head county line, is included in the district. The highway engi neer has made the preliminary survey. It is the purpose of those interested in this impor tant road, to have all the details out of the way and the bond is sue sold so work can begin on the road in the early spring. Commissioner Kilgore and Mr. Smith spent a portion of the day on the commissary road, watch ing the volunteer work of Para gould laborers in the gravel pits. Both declared they have found more interest manifested here in the good roads movement than at any point in the state. Seek to Refer Act. Little Rock, Sept. 25.—Judge J. V. Bourland of Fort Smith, United States district attorney of the Western Arkansas Dis trict, was in Little Rock today conferring with leaders of the Arkansas Labor Federation, with a view of representing that organization before the su preme court, in a case involving the validity of the anti-saloon act passed by the last legislature. The referendum feature of the act is the feature in which the labor federation is interested. They contend that the act should be referred to the voters of the state under the initiative and re ferendum. This case may serve as a precedent in future cases in which' the federation is involved. Condemned Youth A Pervert. Special to Independent. Little Rock, Sept. 25.— That Arthur Hodgins, the 19-year old youth, who is sentenced to be electrocuted in November for the murder of the marshal at Amity, is a pervert, is the opin ion of the penitentiary officials. Hodgins, instead of showing re morse for his crime, and fear a-P nlonti*!/! oVtoiv flip most of his time drawing lewd pictures. He does not express regret for his crime, and appar ently does not realize that he stands in the shadow of death. An effort will be made to have Hodgins’ sentence commuted to life imprisonment, for those who have questioned him say he is mentally weak, and has little sense of right and wrong. Hod gins shot the officer after he had been arrested for a minor offense, using a revolver he had concealed in an inner pocket. Ben Myers Dead. Special to Independent. Little Rock, Sept. 26.—Ben Myers, who was State Land Commissioner 1890-94, and was connected with the office for about eighteen years, died at his home in this city today, follow ing second stroke of paralysis Thursday- He has been ill for nearly a year. 80 INDICTMENTS JURY DISCHARGED Grand Jury Makes Its Final Re port and Recommendations to Court. The grand jury for the Sep tember term of circuit court af ter being in session 12 days and examining 229 witnesses, made its final report to court late Thursday afternoon and was dis charged. This jury returned a total of 80 indictments, a num ber of which were in the murder .cases tried and yet to be hard at this term of court. Upon the reports made by mag istrates, the report states that J. R- Andrews of Village, J. H. Murphy of Breckenridge and John R. Loftin of Union are short in their accounting as jus tices of the peace and that W. T. Atway of Glass has exceeded his authority in reducing the fine of gambling from $10 to $5. The jury recommends that road overseers when sworn in be required’to standan examination as to their duties and the road laws, “believing that a better ac quaintance with the road laws would materially help in hand ling the road question as well as to give the county a better re port in perceptible improvement and benefit for the money spent each year.” The jury visited the jail in a body and found it as sanitary as such places usually are and says “We highly commend our Sher iff, Mr. John F. McCuistion, for prompt action in discharging Mr. Grover Gardner who had abetted and allowed gross immoralities between negro prisoners in the jail.” Relative to the county hospit al, where a committee of three found 8 inmates, 2 white males, 4 white females and 2 colored males, the jury reports the place well kept and the interior in a satisfactory condition. The fare is well prepared and wholesome and the health of inmates good. The jury recommended that stock be kept out of the main yard. The court house was found in good condition except for a few leaks, which needed attention. The report of the commission ers of accounts was approved by the jury,except for two warrants No. 415 and 418 for $6 each, which seem to have been over booked in recording allowances. The report commended town «Viin magistrates for disposing of misdemeanor cases and re commended to the justices of the peace that they recognize only witnesses to material facts in the cases referred to the grand jury. Friday’s Bargains. Friday is bargain day. No goods charged at bargain day prices. One 241b. sack of the finest flour you ever had in your house, for 50c, regular price 90c Sugar cured lean breakfast ba con, worth 30c only 19c. Something great in laces for Friday’s bargain day. 50c curtain goods only 22c foi Friday. 25c oil cloth only 14c a yard. The above bargains can be had Friday only. No phone or ders. 49d4w 1 Bowen’s Cash Store. Child ol Asa Pelley Drowned. Batesville, Sept. 2(5.—One of the most shocking accidents that ever occurred in thi.; county oc curred Tuesday evening about t> j o’clock at Sulphur Rock, when i the little two-year-old baby of jAsa Pelley was drowned in a kettle of rain water. The news of the shocking accident was brought to Batesville this morn ling by l\ P. Kent of Sulphur Rock. Mr. Pelley and family were moving to Sulphur Rock from Oil Trough and had intended go ; ing to the latter place to take ad vantage of the good schools I found there. They were ar ranging to live in the house for | merlv occupied by Peel McCook, i who recently moved to Bates ville, and all their household j goods had arrived and were be ing placed in the house. The children of the family I were playing about the yard and J inspecting the new premises, and no one had been watching the little baby for a few minutes in the rush to get the furniture in the house. It had probably been missing for twenty minutes when the search was started for it. The search did not last long when one of the other children discovered the child head first in the kettle of water. There is no telling how long the little child had been there, but it had been long enough to be dead when found, and all efforts to revive it were unsuccessful. The kettle did not belong to Mr. Pelley, it having been left in the back yard of the premises, and the recent heavy rains had filled it nearly full of water. It is quite sure that the little fellow — ■ — iii ■ mi ma ii ii gn —U was looking down into the kettle and lost its balance, going head first into the water. Of course it could make no outcry. The family are all nearly pros trated over the sad accident, and Mi-, l’elley said yesterday he hardly felt like staying there now that the baby was dead, and expressed the desire to go back to the old home in Oil Trough. The people in Sulphur Itock were very kind and good to the grief stricken family and all that could be done to make the sor row easier to bear was done. The remains of the baby were buried this morning near the old home at Oil Trough. Praises Jackson County. Little Rock, Sept. 2f>.—O. G. Carpenter, assistant commis sioner of agriculture for the Iron Mountain railroad, was in New port Wednesday conferring with the business men of that city in relation to the agricultural de velopment in Jackson county. Mr. Carpenter says, “Jackson county is the best agricultural county in the state and one of the few that have no demonstra tion agent. The people of that county are realizing that they are handicapped along this line and are making efforts to secure an agent for next year.” Mr. Carpenter will deliver an address at the Hope fair Satur day on the subject, “Demonstra tion Among Farmers.” The Iron Mountain railroad main tains a demonstration station there, which has proved success ful. At the opening of the Searcy fair he will speak on “The For age Crop for Live Stock Produc tion in Central Arkansas.” EARLY FALL STYLES OUR CLOTHES represent a conscientious effort on our'part to give you maximum value for your money. When we buy our clothes each season we carefully choose the best quality fabric in the most attractive patteins and colors, then we select the models that represent the new fashion* ideas! best/ and we have our manufacturers make our clothes from these! fabrics over the models we desire. SUITS $15.00 TO $30.00 The Result is Better Clothes Value.’ for You ALF. BENJAMIN—ADLER ROCHESTER-MAJESTIC It will pay you to find about it. Berger'S Star clothing house* i'-y v, - .