or's sons

hauled wood on Sunday.

was reported by Mr. M. Reeves. The sons of the latter were haul- Prosecuting wood with a team on that same Sunday, and were present with the Meeks boy in the woods, and scared the squirrels around the trees for the Meeks boy to shoot. When the sport was over, the Meeks boy divided the game with the Reeves boys. Then the father of the latter reported the Meeks boy, and he was indicted. At his trial in January, 1887, he was fined five dollars and costs, amounting in all to twenty-two dollars. The fine was paid, and the boy was released.

P. A. PANNELL.

Mr. Pannell, of Star of the West, was indicted January, 1886, for Sabbath-breaking, upon the charge of plowing in his field on Sunday. He was arrested, and held under bonds of two hundred fifty dollars. At his trial in January, 1887, he was convicted, his fine and costs amounting to $28.80. Not being able to pay this amount, he was kept in jail four days, and then informed that unless some satisfactory arrangements were made, he would be sold, and put out to work out his fine and costs at seventy-five cents a day. Mr. Pannell paid two dollars in money and gave his note for the remainder, whereupon note. he was released.

J. L. JAMES.

Mr. James, of Star of the West, an observer of the seventh day, was indicted January, 1886, for Sabbath-breaking, on the charge of doing carpenter work on Sunday. The indictment was founded upon the testimony of a Rev. Mr. Powers, a minister of the Missionary Baptist church. Mr. James was working on a house for a widow, who was a member of the Methodist church, and without any expectation of receiving payment, but wholly as a charitable act. He did the work in the rain, because the widow was about to be thrown out of the house in which she lived, and had no place to shelter herself and family. Mr. Powers, the informer, lived about six hundred yards from where the work was done, and on that very Sunday had carried wood from within seven rods of where Mr. James was at work, and chopped up the wood in sight of Mr. James. February, 1887, Mr. James was convicted, the usual fine and costs being imposed. These were paid by some of Mr. James's friends.

J. L. MUNSON.

Gave

A minister the informer.

Informer chopped wood on Sunday.

Mr. Munson, a Seventh-day Adventist, of Star of the West, was indicted July, 1886, for working on a Sunday in March, cutting briars out of the fence corners at the back of his field. He was indicted Another minister on the voluntary evidence of Rev. Jeff. O'Neal, a Free-will Baptist informer. preacher. He was arrested and held under three hundred dollar bonds. At his trial in January, 1887, he was assessed the legal fine of one dollar and costs, amounting to $14.20, which he paid.

Plowing on Sunday.

A Baptist the informer.

The in

former buys a rooster

on Sunday.

Prosecut

ing attorney convinced prosecutions are persecutions.

J. L. SHOCKEY.

Mr. Shockey, an observer of the seventh day, who had emigrated from Ohio to Arkansas in 1884, and settled on a piece of railroad land six miles north of Malvern, the county seat of Hot Spring county, was indicted for plowing in his field in April, 1885, a mile and three quarters from any place of public worship. Ile was observed by B. C. Fitzhugh and T. B. Sims, while the latter was hunting stock, and was reported to the Grand Jury by Anthony Wallace, a member of the Baptist church. He was placed under one hundred ten dollar bonds for his appearance for trial in February, 1886, when his case was continued, to await the decision of the Supreme Court in the Scoles case.

J. L. SHOCKEY, THE SECOND TIME.

In August, 1886, Mr. P. C. Hammond, a member of the Baptist church, appeared before the Grand Jury in Hot Spring county and charged Mr. Shockey with hauling rails and clearing land on Sunday, July 11, 1886. He was indicted and on December 14 arrested and taken to Malvern and locked up until the next day, when he gave bonds and was released. On the day when the work complained of was performed, Mr. Hammond, the informer, passed by; after having gone some distance, he returned and spoke to Mr. Shockey about buying from him a Plymouth Rock rooster. The bargain was then made, Mr. Hammond agreeing to pay fifty cents for the rooster.

Previous to the time set for Mr. Shockey's trial, Mr. Dan T. Jones, president of the Missouri Conference of Seventh-day Adventists, had an interview with the prosecuting attorney, Mr. J. P. Henderson, and explained the nature of all these cases, and showed him that the men complained of were faithful, law-abiding citizens in every respect except in this matter of working on Sunday, which they considered no crime; that the defendants were all poor men, some of whom were utterly unable to pay any fines and costs and consequently would have to go to jail; and askel Mr. Henderson if he would be willing to remit a portion of his fees, which were ten dollars in each case, providing the remainder was raised by donations by Mr. Jones and his people. Mr. Henderson replied that if these cases were of the nature of religious persecution, he would not feel justified in taking any fees. He said he would not be a party to any such action, but wished a little time to investigate the cases to satisfy himself as to their true nature. Upon investigation, he became fully convinced that these prosecutions were simply of the nature of religious persecutions, and generously refused to take any fees in any of the cases. The county clerk reduced his fees about one-half, and the sheriff one-half of his; all of which quite materially lessened the total expenses. The remainder was raised by contributions supplied by friends of those prosecuted.

JAMES M. POOL.

Mr. Pool, another observer of the seventh day, was indicted, at Fayetteville, for Sabbath-breaking, in September, 1885. The only witness in this case was a Mr. J. W. Cooper, a member of the Presbyterian church, who went to Mr. Pool's house on Sunday morning to buy some tobacco, and found Mr. Pool hoeing in his garden. At his trial, Judge Pittman pronounced Mr. Pool guilty, and fined him one dollar and costs, amounting to $30.90.

JAMES M. POOL, THE SECOND TIME.

Mr. Pool was indicted a second time at Fayetteville in September, 1886, and placed under bonds of two hundred fifty dollars for his appearance at court May 16, 1887. The clause exempting observers of the seventh day was restored before the day of the trial. He was tried, however, under the indictment, and fined one dollar and costs, amounting to $28.40, the court not being aware, it seems, of the restoration of the exemption.

JOE MC COY.

Mr. McCoy, of Magnet Cove, moved from Louisville, Kentucky, to Arkansas, in 1873. He served as constable seven years, and two terms as justice of the peace, in Hot Spring county. In 1884 he became a Seventh-day Adventist. August, 1885, he was indicted for Sabbath-breaking, the particular charge against him being plowing on Sunday. The witness against him was a Mr. Reatherford, a member of the Methodist church, who went into the field where Mr. McCoy was plowing, and spent several hours with him, walking around as he plowed. The work was done half a mile from any public road and entirely away from any place of public worship. In September Mr. McCoy was arrested and placed under bonds. Fearing that not only his small farm but his personal property would soon be consumed in paying fines and costs, he at first decided to leave the country; but a portion of his costs being remitted after his trial, and receiving some assistance from friends, he concluded to remain. With tears in his eyes, he said to a friend that while he was reckless and wicked he was not molested; but that as soon as he turned and began to live a religious life, he was prosecuted and fined for it.

JOHN NEUSCH.

February, 1886, Mr. Neusch, of Magnet Cove, a fruit raiser, was indicted for gathering early peaches which were overripe and were in danger of spoiling, on Sunday, June 21, 1885. He was half a mile from any public road and some distance from any place of public worship, and not in sight of either. The only ones who saw him gathering the fruit were a brother and a man who came to see him in settlement for some peaches which had been stolen by a young

A medical student fined six

teen dollars.

Worked in shop.

Property

sacrificed for hauling rails on Sunday.

Board in prison charged.

man from Mr. Neusch's orchard on the preceding Sunday, and to ask that the young man be not prosecuted. Mr. Neusch refused to take pay for the peaches, and promised to say nothing about the offense on condition it was not repeated. Following the decision of the Supreme Court in the Scoles case, Mr. Neusch confessed judgment, and paid fine and costs, amounting to twenty-five dollars. Mr. Neusch was an observer of the seventh day.

ALEXANDER HOLT.

Mr. Holt, a Seventh-day Adventist of Magnet Cove, a medical student of the Memphis Hospital and Medical College, Memphis, Tennessee, was indicted in February, 1886, for having worked on a farm in the northern part of Hot spring county on Sunday, October 11, 1885. The work performed was one mile from any place of public worship. At his trial at Malvern in February, 1887, he was convicted, his fine and costs amounting to sixteen dollars, which he paid.

WILLIAM H. FRITZ.

Mr. Fritz, of Hindsville, Madison county, was indicted in April, 1886, for Sabbath-breaking, and placed under two hundred fifty dollar bonds. The offense charged was that of working in his wood shop on Sunday. The shop was in the country, and two hundred yards from the public road. His fine and costs amounted to twentyeight dollars. Mr. Fritz was a Seventh-day Adventist.

Z. SWEARINGEN AND SON.

Mr. Swearingen, a member of the Seventh-day Adventist church, had moved from Michigan to Arkansas in 1879, and settled on a small farm eleven miles south of Bentonville, the county seat of Benton county. He and his son Franz, seventeen years old, were indicted in April, 1886, upon the charge of Sabbath-breaking, the charge being that of hauling rails on Sunday, February 14, 1885.1 Mr. J. W. Walker, attorney for the defendants, explained to the jury that the defendants conscientiously observed the seventh day of the week as the Sabbath, in accordance with the faith and practice of the church of which they were members. They were, nevertheless, assessed fines and costs amounting to $34.20. Not having the money with which to pay these, they were sent to jail October 1, 1886, until the money should be secured. October 13, the sheriff levied on and took possession of a horse belonging to Mr. Swearingen. October 25, the horse was sold at sheriff's sale for $26.50, leaving a balance against Mr. Swearingen of $7.70, yet both he and his son were released the same day the horse was sold. December 15, the sheriff appeared again on the premises of Mr. Swearingen, presenting a bill for $28.95, $21.25 of which, he said, was for the board of Mr. Swearingen and his son while in jail, and $7.70 the balance due on fine.

1 Seventeen days before the exemption clause was repealed. See page 654.

Mr. Swearingen had no money to pay the bill. The sheriff thereupon levied upon his horse, harness, wagon, a cow, and a calf. Before the day of the sale, however, Mr. Swearingen's friends raised the money by donations, paid the bill, and secured the release of his property.

I. L. BENSON.

Mr. Benson was not at the time of his alleged offense a member of any church, made no pretensions of religious faith, and did not observe any day. He had a contract for painting the railroad bridge across the Arkansas River at Van Buren, Arkansas. He worked a set of hands on the bridge all days of the week, Sundays included. In May, 1886, Mr. Benson and one of his men were arrested on the charge of Sabbath-breaking. They were taken to Fort Smith, and arraigned before a justice of the peace. The justice did not put them through any form of trial, nor even ask them whether they were guilty or not guilty, but read a section of the law to them, and told them he would make the fine as light as possible, amounting, with costs, to only $4.75 each. They refused to pay the fines, and were placed in custody of the sheriff. The sheriff gave them the freedom of the place, only requiring them to appear at the justice's office at a certain hour. Mr. Benson telegraphed to his attorney to attend to the cases.

Prosecu

tion of non

Sabbata

rians.

Light fine.

Bonds not required.

Mr. Benson and his men appeared before the justice for a hearing. It was granted, with some reluctance. The attorney, Mr. Bryolair, told the justice it was a shame to arrest men for working on the bridge at the risk of their lives to support their families, when the public work in their own town was principally done on Sunday. The trial was set for the next day. The accused were not placed under any bonds, but were allowed to go on their own recognizance. The following day a jury was impaneled, and the trial begun. The deputy sheriff was the leading witness, and swore positively that he saw the men at work on Sunday. The jury brought in a verdict to the effect that they had "agreed to disagree." This was on Wednesday. The following Monday was set for a new trial. No bonds were required. The defendants, appeared at the time appointed, and pleaded not guilty. The justice, after giving them a brief lecture, dismissed the dismissed.

case.

Later Mr. Benson became a Seventh-day Adventist. He doubtless would not have fared so well had he been of this faith when arrested, as the prosecution against members of this church clearly indicated.

SAVORS OF RELIGIOUS PERSECUTION.

Commenting on this Sunday-enforcement crusade in Arkansas, and the character of the people being prosecuted. an article in the St. Louis " Globe-Democrat," of November 30, 1885, said:

"They have been from the first apparently an industrious and God

Case