Pine Bluff Daily Graphic

JUDGE JAMES GOULD
ENLIGHTENS THE PEOPLE

Charges That E. J. Kerwin Wrote Article in "The Commoner" and Calls Him a Liar—Grand Jurors Were Legally Ordered by Judge Grace.

GOES AFTER HURD

Ways Jones Agreed on Jurors Who Were Selected to Hear the Scott Murder Case Testimony—Statement of Judge Grace Corroborates Gould's Statements.

Editor Graphic:
In order that some of the people may not be misled by an article which appeared in a dirty little sheet called "The Commoner," dated Saturday, August 10th, 1907, entitled "Cold Facts," and of which paper A. G. Hurd is printed as editor and publisher, I wish to make the following statement:
The article is not signed by anyone, but everybody knows that this fellow Hurd never wrote the article. He was simply paid to publish it, and to print extra numbers of his paper, so that they could be distributed throughout this district by interested parties. Who paid for it?
It was written for the purpose of aiding Judge Jones as a candidate for prosecuting attorney, and, at the same time, to try to blacken my good name, and besmirch the character and injure the candidacy of W. T. Young for said office.
The style, the ear marks, the quoting of certain sections of the digest showing a cursory knowledge of the criminal statutes, the venom throughout, point with an unerring finger to a certain pretended lawyer.
I am reliably informed that one ex-Judge Kerwin either wrote or dictated the article in question, and that others, a little higher up in the moral scale, and who are enemies of mine, had a hand in it.
The grand juries of the Jefferson County Circuit Court for the Fall term 1905 and Spring term 1906, that investigated the killing of J. M. Scott by E. P. Ladd, were selected in the mode and manner provided by law.
Whatever jurors were excused from service upon the regular panel, was by order of the Circuit Court, and whatever jurors were summoned to fill the places of those excused, was with the full knowledge and consent of Judge Grace and Judge W. D. Jones.
I never spoke to one of these jurors about the Ladd case, knew nothing of their opinion about it, or how they would vote.
The following card speaks for itself:
"Ark. City, Ark., Aug. 16, 1907.
"Mr. James Gould, Pine Bluff, Ark.
"Dear Sir: In reply to your request for a statement from me as to your connection, as the then sheriff of Jefferson County, with the composition of the grand jury for the March term, 1906, I have to say:
"That, as is the case at every term of the court, a number of grand jurors were, at their own very urgent request, excused from service on account of illness of themselves or families, or very pressing private business. I have no recollection of the particular reasons given by those excused at that term, but I know that they appeared satisfactory to me at the time, and that, in relieving them from service, it was done without reference to, or even thought of, any particular case that was or might be pending before them.
"I further recall the fact that, in filling the vacancies, a venire for a number of jurors—five, I believe—was ordered, and that, before it was served, a conference was held by you, Judge Jones and myself, in my chambers, in which the names of a number of persons were suggested and canvassed, and a list finally agreed on, and they were afterward summoned. This was done to try to secure the best class of citizens as jurors, and to avoid picking up men at haphazard. The same plan, in filling vacancies, has been practiced for years in this circuit, and was adopted by me for the express purpose of promoting the ends of justice, and preventing the 'stocking' of grand or petit juries with persons who had friends to protect or enemies to punish. Yours truly,
"A. B. GRACE,
"Circuit Judge."
I know nothing of the proceedings of the grand jury at the Fall term, 1905, or the Spring term, 1906, or as to how any juror voted upon the Ladd, or any other case.
Section 2207 of Kirby's Digest provides:
"Every member of the grand jury must keep secret whatever he himself, or any other grand juror, may have said, or in what manner he, or any grand juror, may have voted on a matter before them."
Section 2211:
"No person except the prosecuting attorney and the witnesses under examination are permitted to be present while the grand jury are examining a charge, and no person whatever shall be present while the grand jury are deliberating or voting on a charge."
Now, this pretended lawyer knows how the grand jurors voted, and what was said by the grand jurors in the grand jury room at the Fall term 1905 and the Spring term 1906. In the face of the above sections of the statute, do you believe any grand juror gave any information to anyone as to the vote or actions of the said grand jurors? Of course not.
Who was interested in getting out this fake story, to try and injure me?
"Sec. 2104. Any person may be prosecuted, tried and punished for any offense punishable with death, at any time after the offense may have been committed."
What was done by the grand juries of Jefferson County at the Fall term, 1906, and Spring term, 1907, about the Ladd case? I was not sheriff then.
This miserable little fellow, Kerwin, whines about the grand jury of Jefferson County indicting him, and whines about my beating him in the Democratic primary last year, for County and Probate Judge of Jefferson County, by over seven hundred majority, saying that he was counted out. He knew, when he wrote this, or dictated it, that he lied.
He no doubt has been promised certain influence to be for him for County Judge or State Senator in the Democratic primary next year, in order to get him to do this dirty, infamous piece of work, and they have no doubt promised the same influence to others for the same positions.
I feel it is my duty to show these miserable conspirators up to the citizens of Jefferson County, and I am responsible for every word of it.
JAS. GOULD.