Page:Cole v. State (210 Ark. 433).pdf/8

 Act 193 had been violated, and that charge included all provisions—embracing, of course, Sec. 2. Here there was no such allegation. A part of Sec. 1 alone is involved; and yet, in order to prove that the three men whom the State 's witnesses assert took no part in the affray between Campbell and Williams (transactions said to have occurred during the morning, effect of which could have pointed only to a plan of action in concert, or indicated conspiracy) was admitted over the defendants' objections. Timely exceptions were made and brought forward in the motion for a new trial.

The nearest approach to actual participation by either Cole, Jones, or Bean, occurred when Cole, who was said to be carrying a stick, came upon the scene as Campbell assailed Williams and lost his life. At least one of the witnesses referred to Cole's club as a walking stick. But whatever it was, no use was made of its potential as a weapon; nor can it be said that the mere presence of a man in such a gathering, whether laborer or employer, brands him as a felon on that ground alone.

It must be borne in mind that the workers engaged on both sides—those who struck and those who refused to do so—included men whose manners in expressing their likes and dislikes, whose ordinary conversations, and whose so-called "threats" are not necessarily on a parity with workers whose opportunity for higher standards has been exercised. It has often been said that the raw, rough, and ready language of an uncouth pick wielder, in conversation with an associate, might mean one thing to the man at a desk and quite a different thing to a menial of equal classification and having similar habits. What would insult or frighten a particular individual might not cause a ripple of apprehension in the man who understood the mental attitude of a person inured to physical adversity.