The Newark Journal
Published In The famous big Bottom Country, Where Alfalfa Is king.
0 $1 Per Annum.
Newark, Independence County, Arkansas, Friday, April 19, 1907.
Vol. 7. No. 17.
TEXT OF THE NEW LIQUOR LAW
Fine of From $200 to $500 Impos
ed For Taking Orders in
Prohibition Territory
Following is the full text of the
law recently passed by the legis
lature, and which has been ap
proved by Acting Governer Moore
prohibiting the soliciting or tak
ing of orders for intoxicating
liquors in prohibition territory:
Section 1. It shall be unlawful
for any liquor dealer, firm or cor
poration engaged in the sale of
intoxicating liquor in this state,
to, in any nianuer, through agents,
circulars, posters or newspaper
advertisments, solicit orders for
such sales of intoxicating liquors
in any territory of this state
wherein it would be unlawful to
grant a license to make such sales.
Provided, that the term ‘‘news
paper advertisements,” as used in
this section, does not refer to
liquor advertisements in papers
published within' licensed territory
unless said papers are sent into
prohibition territory by the sa
loonkeepers or their agents for
advertising purposes.
Sec. 2. The presence of any
such liquor dealer, tirm or corpor
ation, through agent or otherwise,
in such prohibition territory, sol
iciting or receiving orders from
any person therein shall constitute
a violation of this act, and on con
viction thereof shall be fined not
less than $200 nor more than $500
for each such offense. Provided,
that the term “agent” under this
section shall mean any person who
receives an order from another
for intoxicating liquors in prohi
bition territory, and transmits the
same in person, by letter, tele
graph or telephone, or in any
other manner, to some dealer in
intoxicating liquors, who accepts
and fills the same.
Sec. 3. In case of a firm or cor
poration being convicted hereun
der, each member of said firm or
corporation, and the agent acting
thereunder shall be deemed guilty
of violating this act, and each shall
be separately punished as above
provided.
Sec, 4. All acts and parts of
acts in conflict with this act are
hereby repealed.
CHILD SERIOUSLY BURNED
Pleasant Plains, April 14.—
Nobie Tarpley was terribly burned
here yesterday. Mrs. Tarpley
was busy about the place and No
bie and her little brother were in
the yard near the door.
A scream brought Mrs. Tarpley,
to find the little girl running about
enveloped in flames. Her clothing
was almost entirely burned otf,
and she is in a critical condition.
It is not known how the accident
occurred.
FARMER KILLED
^ Kingsland, April 15.—John L.
White, a general merchant, shot
and instantly killed John Webb, a
farmer living near Kingsland, at
noon today. Webb was standing
on the sidewalk conversing with
, . V
some triends, when the shooting
occured. He had been in town
about an hour and came here to do
some trading.
According to the statements of
those present, White came up the
street and, without saying a word,
bred two shots at Webb. ' After
j tiring the second shot Webb fell
i and White fired two more shots,
all the bullets taking effect in the
! victim’s body.
I The cause of the tragedy, it is
said, is due to the attentions re
1 cently paid by the deceased to the
divorced wife of White, from
whom he had been legally seper
ated about six months ago. It is
said that Webb and the former
wife of White were to be married
! in a short time, which so incensed
White as to cause him to take the
life of the farmer, as there had
been no other trouble or misunder
standing between the two as far as
known.
SULPHUR ROCK SKETCHES
Happenings of the Week at the Hub
of White River Township
Sulphur Rock, April 16.—
Misses Vela Jernigan, Wilma
Lane, Nellie and Una Churchill of
Charlotte came in Friday to at
tend the closing exercises of the
public school.
Mr. and Mrs. Geo. Bevens and
children of Bat.esville spent Satur
day and Sunday here with Dr. T.
A. Beyens and family.
Miss Gertrude Covington who
has been at Helena in the telephone
office for several months, is at
home for a while.
Mrs. C. W. Hamley of Charles
ton, Mo., is visiting here sister,
Mrs. C. F. Smith, for a few days.
Sidney Pickens went to Bates
ville Monday where he will enter
the Arkansas College.
Rev. Geo. James tilled his re
gular appointment at the Baptist
church Sunday.
Charley Wright was over from
Oil Trough Sunday to visit his
parents.
Miss Ella Sanders was up from
Newport Sunday to visit her
mother.
Mrs. R. H. Hodges of Newark
was visiting relatives here last
week.
Farris Rice and Oscar Owens
were sporting a new buggy Sun
day.
Mr. and Mrs. O. J. Eotf of
Sharp were on our streets Satur
day.
Ewing Lane was down from
Batesville to see his best girl.
J. K. Rawlings is attending
court at Batesville this week.
The high school closed Friday
after a very successful term.
Mr. and Mrs. J. C. Gibson visit
ed at Magness Sunday.
Miss Vic Wilson of Newark was
in town Tuesday.
Hugh Wright went to Batesville
Tuesday.
GOV. LITTLE WILL GO WEST
i Corpus Clyisti, Tex., April 17.
—Gov. Little is making arrange
ments to leave in a short time for
Arkansas, where he will remain a
few days before departing for
J California or Colorado. He is in
tine spirits and the prospect of
getting back to his native state
| has brightened him up consider
j ably. Paul Little, who has been
| with his father for the past week,
left for Little Rock Tuesday great
ly pleased with the improvement
I in the condition of the governor.
i Mammoth Spring has just com
pleted a -$15,000 school building.
HUNG JURY IN COVINGTON TRIAL
' Alter Deliberating 36 Hours Jury
Was Unable to Agree and
Was Discharged
Little Rock, April 15.—
After being out for thirty-six
hours, the jury in the Covington
perjury trial returned to the court
room yesterday morning and an
nounced to the judge that it had
been unable to come to an agree
ment and that there was no possi
bility of a decision being arrived
at. The foreman of the jury, M.
L. Diehl, informed the court that
they were hopelessly divided and
no verdict would result from their
further detention. After convinc
ing himself that there was abso
lutely no hope of a settlement,!
Judge Lea dismissed the jury, and
the second trial of A. W. Coving
ton, president of the Senate in
1005, in connection with the alleg
ed boodling of the last, session of
the legislature, was ended.
The final ballot of the jury just
before they gave up hope was 9 to
3, with the majority in favor of
acquital. All day Saturday the
result had stood 10 to 2 in favor
of freeing the defendant, but just
before the last ballot James Mor
ton of Little Rock changed over to
the side that voted for a convic
tion. The two jurors that held
out for a conviction from the be
ginning to the end were Alexander
Trotter and D. E. McNair. These
two members were gounded in
their convictions and refused to
budge from the position that they
had taken.
The balloting on the verdict ran
all the way from 9 to 3 for convic
tion to 10 to 2 for acquittal. Im
mediately after the jury began
their deliberations there were nine
men who voted to send former
Senator Covington to the peniten
tiary, according to .1 uoror Trotter.
The foreman, M. L. Diehl, J. W.
Nichols and J. J. Cloar were
strongly in favor of accquittal
from the start, and these men led
the tight in the jury room for the
clearing of the defendant. After
the third or fourth ballot the vote
stood 7 for conviction and 5
against. At this juncture the fore
man suggested that the members
of the jury ask for the rereading
of the instructions, with a view to
having all the information on the
subject before proceeding further
with the deliberations. Acting on
his advice, they proceeding to the
court room, where the instructions
were read at their request. This
did not help much, but when the
court on the motion of the defense
instructed the jury not to regard
that portion of his speech in which
Mr. Rhoton had asserted that Butt
had confessed his guilt to the pros-;
ecutor himself, a light broke in on
the jury, and when the vote was I
taken immediately after they had j
retired to their chamber the result l
stood 10 for acquittal and 2 for j
conviction. 1
-- w
DISTRICTUM ION
The district union meeting of
the F. E. & C. U. of A., will be
held at Oak Ridge on Saturday, j
May 4. All unions requested to
send full delegation. An Nopen
session will be held at night.
T. A. Bullington, Sec. J
AFTER TIGERS AT COTTER
Cotter, April 16.—Saturday
.#1
night about, 9 o’clock Sheriff
Mooney and his deputies'isearched
the alleged “blind tigers’’ of Cot
ter. The basement under Pointer’s
drug store, the Overturf building,
and the building occupied by Flip
pin’s pool room were searched and
at all of the places whiskey and
beer were found to such an extent
that it required a two-horse wa
gon to move it way from the
places.
Tilden Flippin. William Woods
and Ira Overturf were arrested
and charged with keeking blind
tigers, and the cases set for trial
on April 30, before Squire J. H.
Strider.
WORK OF CIRCUIT COURT
Several Cases of Minor Importance
Disposed of This Week
The following eases have been
disposed of in the circuit court at
Batesville since our last report:
State vs. W. C. Mims, selling
liquor without license, non pross
ed.
Six cases against Jim Morgan,
selling liquor without license,
were continued.
Two cases against Jim Busby,
selling liquor without license, con
tinued
John Barnett, seven indictments
for selling liquor without license,
continued?
Three indictment againt Will
Mims, same charge, were also con
tinued.
One indictment against Will
Fausel, same charge, continued.
Walter Davis and Geo. Stewart,
both under indictment for violat
ing the liquor laws, were not
present to answer for trial. Their
bonds were forfeited and bench
warrants issued for their arrest.
Two cases against Mark Luster,
selling liquor without license,
continued.
Chas. McLain and Oscar Riddel
plead guilty to gaining and were
fined $10 each.
Ewing Gundy, Hugh Jackson,
Lee Watkins and George Brown,
charged with gaming, were given
jury trials and acquitted.
The principal part of the state
cases tried at this term of court
have been for liquor selling, gam
bling and disturbing public wor
ship.
No cases of importance have
been disposed of for the last few
days, the time having been taken
up mostly with civil suits.
The suit of Geo. F. Grosser
against J. T.*j Brooks was tried
Wednesday and resulted in a ver
dict in favor of Brooks.
John W. Henderson, who is
charged with having shot J. C.
Yancey last fall has been indict
ed by the grand jury for murder
in the second degree and his trial
is set for next Wednesday.
EX-SENATOR HINKLE NOT ILL
A story is going the rounds of
the Arkansas newspaper that,ex
Senator John A. Hinkle has been
very low with pneumonia since
his return from Little Rock, where
he appeared as a witness for the
state in the Covington trial. Sen
ator Hinkle has had no attack of
pneumonia, and is not ill.—Bates
ville Guard.
Nice four room frame residence
and four lots on Main street for
sale cheap. Craig & Henderson.
NEW CITY OFFICERS SWORN id
Mayor Ratton and New Aldermen
Take Charge of Town
Affairs
At a meeting of the council
Monday night the new city officers^
were sworn in and entered upon,
their duties.
The retiring council convened*
with Mayor Arnold presiding andl
cleaned up some unfinished busi
ness, after whioh the oath of office
was administered to the newly
elected officials and they assumed
their duties.
Upon taking the chair Major
Ratton addressed the council in a.
brief but concise manner, outlin
ing the polices he expected fc©
pursue. The entire body should
work in unison, he said, for th©
betterment and upbuilding ol
Newark, and speaking from this
point of view said he hoped to
make the incoming fiscal year the
best in the history of the town.
He expected, he said, to enforce
the laws rigidly and impartially
and with justice to all. He asked
the support, assistance and co-op
eration of the marshal, the aider
men and all good citizens in the
matter, and said that he wanted to
serve notice on the aldermen that
if there were any laws on the or
dinance book which they did not
want enforced, they had better re
peal them at once.
No business was taken up by
the new council except to approve
the bond of the new treasurer.
The report of the retiring trea.s>
urer shows the total receipts fr na.
all sources for the past year to be
$2,344.32. The total expenditures
for all purposes were $1,508.07
leaving a cash balance of $830.25
on hand.
The report of the retiring major
showed that he had assessed &
total of 64 fines during the .year*
the total amount of which was
$118.
Another meeting will be held to
night (Friday) to take up th*
work of appointing the necessary
committees, electing the minor
officers and other matters.
STATE NEWS ITEMS
Mrs. Ada Jones has filed suit
in the Howard circuit court at
Nashville against J. R. McClure
for $10,000 damages for the alleg
ed killing of her husband several
months ago. Jones was a tenrmt
upon McClure’s farm near Corinth
and in a difficulty McClure is
charged with inflicting wounds,
upon Jones with a knife, front
which he died.
The two-year-old child of Ilr.
and Mrs. John Hughes of Marked
Tree was so badly burned while
playing with matches that its re
covery is doubtful.
Charles Meyer was recently re
leased from jail at Evening Shade
after having served seventy day#
for selling a half pint of whiskey.
It is reported that a flow of oil
has been struck in the Crooked
Creek Valley, Marion county, be
tween Comal and Olvey.
Farmers around Gassville have
contracted to grow 200 acres of
tomatoes for the canning faetery
at that place.
The Progress says the bootleg
gers seem to be doing a thriving:
| business at Calico Rock.