Page:Cole v. State (210 Ark. 433).pdf/3

 It is clearly inferable—in fact, there is direct proof—that relatonship between tbe strikers and those who remained at work was far from amicable. December 26th Walter Campbell and Otha Williams clashed. In consequence Williams spent seventeen days in a hospital recuperating from injuries inflicted by Campbell before Williams succeeded in drawing a pocket knife and opening a blade with his teeth. The defensive measures employed by Williams resulted in Campbell's death, although Williams says that when he left the scene after cutting Campbell, his assailant was still standing. A grand jury, upon investigation, determined that the facts reflected justifiable homicide, and declined to indict Williams. Acting upon the theory that acts of violence intended to prevent non-strikers from working bad been engaged in, and that Roy Cole, Louis Jones, and Jesse Bean (colored) had been participants, indictments were returned against them, essence of which is, that "by the use of force and violence", they prevented Williams from working for the Cotton Oil Company. The disorder complained of occurred December 26th.

The indictment is predicated upon Act 193, which became a law without the governor's signature March 11, 1943. See Smith and Brown v. State, 207 Ark. 106, 179 S.W.2d 185; Gurein [and others] v. State, 209 Ark. 1082, 193 S.W.2d 997.

In the Gurein case one Justice dissented in respect of affirmance as to any of the defendants, while two members of the Court thought the evidence sufficient to convict Gurein and Tapps, but insufficient as to three other defendants. In that case the information asserted violation of Act 193, and alleged that the defendants unlawfully and with malice, force and threats "prevented and/or attempted to prevent" A. L. Cobb from engaging in the vocation of driving a bus.

Affirmance of the Gurein and Tapps judgments and approval of judgments against the other defendants, appear to have rested upon construction given Initiated