Marion Co AR Newspaper Abstract Marion County, Arkansas - Mountain Echo Newspaper July 1888 Submitted by: Gladys Horn Brown Email: fernbrown@Prodigy.net ------------------------------------------------------------- The USGenWeb Project Copyright Notice http://www.usgenweb.org) In keeping with The USGenWeb Project's Policy of providing free genealogical information on the Inter-Net, this data may be used for your personal research as long as This Copyright Notice stays on all copied material. It may NOT be reproduced, in any format whatsoever, for any commercial or "for profit" purpose or any presentation by any individual or organization It may not be copied and placed on any internet or web site. Permission to use this data must be secured from the contributor. If for any reason the contributor cannot be contacted by e-mail the person desiring to use this material must contact the USGenWeb State Manager at the USGenWeb AR web site If this material is found on any site, other than the Marion Co, AR USGenWeb site please notify the AR USGenWeb State manager at the USGenWeb Project's URL above. Thank you. ---------------------------------------------------------- Gladys Horn Brown For all to freely enjoy, I gladly share these, and future issues, in memory of my grandmother, Ora Noe Wootton (1877-1951), the daughter of Andrew Jackson Noe and Emeline Patterson, Yellville, Marion County, Arkansas. <see Copyright Notice Above> ----------------------------------------------------------------- Mtn. Echo, July 6, 1888 J. C. Floyd, Esq., has at last consented to make the race for Representative. LOCAL ECHOINGS Mr. H. A. Young is building an addition to his dwelling house. Prof. Jones has moved to his new home, the house lately occupied by Mr. D. L. Stockton. Mr. J. W. Brady, the sawmill man of Blythe township, paid us a pleasant call while in town Monday. Mr. Tramell Rea, of Rea Valley, says the range in his part of the county is the finest in five years. Mr. T. A. Blake's family have moved to town. Mr. Blake has just returned from a business trip to St. Louis. [Miss or Mrs.?] Belle Gillaspie, after a month's visit to friends in Fulton county, returned home on Tuesday. Prosecuting Attorney Bailey started to Jasper last Saturday. Miss Hattie McDowell accompanied him as far as Harrison. Mr. J. J. Horner on last Friday brought us in a fine specimen of oats grown on his place. The oat crop is very fine this year. Felix Huddleston, one of the merchant princes of Bruno, was in town Tuesday and Wednesday. He never forgets The Echo. Rube Carson is a thorough Democrat. He says he is for Cleveland and Thurman for President, and Sam Matlock for constable for his township. Doc Blankenship, of Sugar Loaf township, was lodged in jail Tuesday to await the action of the grand jury. He is charged with rape. No particulars. Mr. B. L. Weast's little daughter, Ella, is attending her father's tin shop while he is attending his crop. She makes an admirable little clerk and will take pleasure in waiting on customers. Mr. D. L. Stockton and family have moved to West Plains, Mo., where they will reside in the future. They left here Monday morning. The Echo wishes them success in their new home. Andy Hudspeth will have another chance for his life. The supreme court reversed the decision of the lower court on the motion for a new trial. Judge Battle rendered the opinion, but it has not yet been published. We do not know on what grounds justice has been thwarted by the law. Mrs. Hart, of Baxter county, and Miss Effie Oliver, of Springfield, Mo., came over from Baxter county last Saturday to visit relatives and friends. Mrs. Hart returned home Monday but Miss Oliver will probably spend the summer here, the guest of Mr. A. S. Layton's and J. B. Wilson's families. On Tuesday evening, while horseback riding, Miss Ella Noe, daughter of Mr. A. J. Noe, met with a very painful and serious accident. The horse she was riding became somewhat unmanageable, and while nearly in front of the clerk's office, the saddle girth broke and the saddle turned, throwing the young lady on a pile of rocks. Assistance went to her at once and she was assisted to Mr. Hudson's residence and Dr. Noe was summoned. The doctor says the young lady's left arm is broken near the shoulder, the bone being badly crushed. Her face was also considerably bruised by falling on the rocks. FLIPPIN FACTS Billy Reynolds and Sandy John Jones will start their "Starved Rooster" this week. I think Vard McBee and Tom Noe calculate on turning their "rooster" loose in a few days, so we will get our wheat crop threshed by two of the best machines ever in the county. Judge Flippin and lady are going to start to Johnson county this week to visit the "kith." -- W. B. F., Jr. -- The man with the longest beard in the State, says the Batesville Guard, lives in Fairview township, Independence county, and his name is Daniel Kilpatrick. A few days ago, his hirsute appendage was measured and it reached the extraordinary length of five feet five inches. It is ten years old and still growing. Mtn. Echo, July 13, 1888 Hugh M. Brooks, alias Maxwell the St. Louis "trunk murderer," will hang today, unless the governor commutes his sentence. The doomed man's mother and sister came over from England several weeks ago to do what they could for him, but their efforts have been without avail. LOCAL ECHOINGS Five pounds of coffee for $1 at Layton and Cowdrey's. We publish elsewhere the abstract of the opinion delivered by Justice Battle, of the supreme court, in the Hudspeth case. H. A. Young has bought a soda fountain and is dispensing that cool and refreshing beverage to the thirsty. There were three weddings in Blythe township on last Saturday, and it wasn't a good day for weddings either. Wid Bridges, the young man who was sent to the Detroit penitentiary two years ago, for robbing the mail between Yellville and Oakland, having served out his time has returned to this county. HUDSPETH CASE - Following is the Abstract of the Opinion of the Supreme Court in the Hudspeth Case. Opinion by Battles, J. - A. J. Hudspeth, vs. the State. Appeal from Marion. (Formation of Grand Jury - Objection to when waived - Evidence - Instructions should be clear and easily understood.) Hudspeth was twice indicted for murder committed by killing one George Watkins. The indictments were found by different grand juries. The defendant moved to set aside the second indictment and, among other reasons, alleged that he was held to answer the charge preferred against him by the other indictment, and was confined in jail at the time the grand jury, which found the second indictment, was impaneled; that one Dobbs, a member thereof, had been summoned to testify against him as to the offense for which he was indicted, and that by reason of his imprisonment he was deprived of his right to object to his competency to serve as a member of such jury. It was shown that the first indictment was destroyed by fire. The ground of appellant's motion as set out above was admitted by the State to be true. But it appears that the fact the first indictment and record thereof were burned, was unknown to the court at the time the grand jury was impaneled. After it was discovered, the defendant was brought into court, and appeared by his attorney, and the court ordered that the charge against him be submitted to the grand jury then impaneled for their action. It does not appear that he demanded that the grand jury be brought into court in order that he might object to the competency of any member thereof to investigate and set upon the charge against him, but simply objected to the order of submission. No objection was made to any member until after the second indictment was found and filed in court. The court refused to sustain the motion and the defendant was tried on the second indictment, convicted of murder in the first degree and condemned to death. It was contended that the original list of grand jurors and attorneys selected by the jury commissioners, having been destroyed by fire, it was unlawful to select the members of the grand jury from copies of such lists. Held: It was not the intention of the statute that the court should order sheriff to summon a grand jury when the clerk has made out copies of the lists returned by the jury commissioners, and the original lists are thereafter destroyed, and when the copies are returned by the sheriff served, and are filed with the clerk, as in this case. The first indictment was set aside by operation of the statute upon the finding of the second indictment, and Hudspeth could only be tried on the second. Appellant, by failing to object to the impaneling of the grand jury at the time of its formation, when he was present at the time of the submission of his case to them, lost his opportunity and could not consequently take advantage of his objection by motion to set aside the judgment. There was no error in the refusal of the court to grant the motion. In the course of the trial, J. F. Hudspeth was introduced as a witness by appellant to impeach Rebecca Watkins, the principal witness for the State. He testified he knew her and had lived near her for seven years, and knew her general reputation for truth and morality in the neighborhood in which she lived, and that it was bad. Appellant then asked him, taking such reputation as a basis, would he believe her on oath. The State objected to his answering the question and the court sustained the objection. Held: This question was proper and the court erred in refusing to allow it answered. In instructing the jury, the court defined an accomplice to be one who in any manner participates in the criminality of an act, whether he is considered in strict legal propriety as principal in the ...[The rest of this is cut off at the bottom of the page.] Mtn. Echo, July 20, 1888 LOCAL ECHOINGS A Harrison and Morton club has been organized at Lead Hill with about 30 members. We learn that Mr. Ike Pangle has sold his farm on James' Creek to W. Q. Seawel, of this place. Consideration unknown to us. The name of the post office at the ford of Crooked Creek, on the Yellville and Harrison road, has been changed from Clear Creek to Powell. Circuit court convened at Harrison last Monday. Hudspeth's case will not come up at this term of court, as the case was not remanded in time. Judge Long, on Long's ferry on White river, was thrown from his mule while watering the animal last Tuesday evening and drowned. He as an old and much respected citizen. -- Harrison Times, 4th inst. J. C. Floyd, Esq., was appointed by the court to defend Andy Hudspeth. Had he not performed his whole duty in the case he would have violated his oath, and would deserve the contempt of the bar and the people. He did what any conscientious attorney would have done under like circumstances - he did his duty. Dr. G. H. Derryberry says he will be 80 years old next Monday. He is hale and hearty and is actively engaged in mining in this county. Notwith-standing his age, he can ride fifty or sixty miles a day without feeling much fatigue, and has personal supervision of his mining interests at Rush Creek, Tomahawk and other points. Bro. J. A. Carter, editor of the Baxter County Citizen, and his wife came over Friday last and remained her until Monday, attending the district conference. Mr. Carter gave us several calls while in town, and we were indeed glad to form his acquaintance. He is a live newspaper man and a genial gentleman. News reached her yesterday of a killing of a man in Newton county by a Mr. Holt, of Lead Hill. Holt was trying to arrest the man. POWELL PICKINGS, Powell, Ark., July 17, '88 Protracted meeting will begin Sunday. Rev. J. L. Nations, pastor. No longer Clear Creek but Powell. Mtn. Echo, July 27, 1888 JAIL DELIVERY AT HARRISON We find the following in the Harrison Times of last Saturday, concerning the escape of Andy Hudspeth and other prisoners from the Boone county jail. Up to Wednesday evening our jail contained five prisoners: A. J. Hudspeth, from Marion county, charged with murder; Floyd Chrisman, from Newton, found guilty of house burning; Doc Allen, of Boone, charged with buggery; Jno. McAninch, of Boone, charged with larceny; and Wm. Middleton, of Boone, charged with assault to kill. Wednesday night, Jailer Clifford added another inmate in the person of John Middleton, charged with selling liquor. When their breakfast was taken to them on Thursday morning, all were well on their way to "parts unknown." Yesterday morning young McAninch was captured some ten miles east of here, and on being returned explained how the escape was effected. It seems that during his long incarceration, Hudspeth had invented a crooked wire whereby the staple, which being in the lock box was rarely padlocked, could be worked from its socket; and this being done, it was the work of but a few moments to slip the bar and walk from the cage, after which they cut a small hole from the brick of the east wall, and wiggled themselves to the outside. The jail is a good one, and our jailer careful in all his duties; so the escape, like most others of its kind, seems to have been due to a combination of circumstances and plans which were peculiarly fortunate and favorable for the prisoners. LOCAL ECHOINGS The Jailbirds who made their escape from the Harrison jail are all, except one, still at large. On the first page will be found an account of the jail breaking. Our young printer friend, Alex Mingle, left on Monday for Centre Hill, White county, where he will probably attend school