Page:Cole v. State (211 Ark. 836).pdf/4

ARK.] record before us that Cole was on the scene where a group of strikers had gathered to await exit of Williams and others from the mill, five of the employes, having remained at work. Cole carried a club, or walking stick. He told Willie Brown to go ahead, that “they” were notafter him—but, inferentially, were waiting for Williams. Jones said, “Come on, boys;” and the strikers “flew up like blackbirds and came fighting.” No witness testified to any activity by Bean. Willie Johnson merely saw him standing across the street. Brown “never did see Bean.” Elvie Washington merely “saw” Bean, but did not say what he was doing. Bishop Jackson said “Bean had been there on the corner, but had gone and was about half a block away.”

These were the material witnesses who testified for the State. References to time and place were directed to the assault upon Williams by Campbell. Williams in defense used a pocket knife, inflicting wounds from which Campbell died.

While it is probable that Bean was associated with Cole and Jones in their undertaking, Act 193 is highly penal, and we feel that evidence to sustain a conviction should not rest upon any but a substantial basis.

The judgments as to Cole and Jones are affirmed; as to Bean the judgment is reversed with directions that the cause be dismissed.

Mr. Justice Frank G. and Mr. Justice  think the evidence was sufficient to affirm as to all of the defendants, and therefore dissent as to the reversal of the judgment against Bean; Mr. Justice  dissents on the ground that the evidence was insufficient as to all three of the defendants.