FIFTEENTH CASE. Z. Swearingen
- PREFACE
- CHAPTER I. CHRISTIANITY AND THE ROMAN EMPIRE
- CHAPTER II. WHAT IS DUE TO GOD, AND WHAT TO CAESAR?
- CHAPTER III. THE POWERS THAT BE
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- CHAPTER V. RELIGIOUS LEGISLATION
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- FIRST CASE. Eld. F. W. Scoles
- “STATE OF ARKANSAS vs. Indictment. J. W. SCOLES
- SECOND CASE. Allen Meeks, Star of the West, Ark
- THIRD CASE. Joe McCoy, Magnet Cove, Ark
- FOURTH CASE. F. L. Shockey, Malvern, Ark
- FIFTH CASE. James M. Pool
- SIXTH CASE. James A. Armstrong, Springdale, Ark
- SEVENTH CASE. William L. Gentry
- EIGHTH CASE. Ples. A. Pannell, Star of the West, Ark
- NINTH CASE. J. L. James, Star of the West, Ark
- TENTH CASE. Mr. Allen Meeks, the second time
- ELEVENTH CASE. John A. Meeks, Star of the West, Ark
- TWELFTH CASE. John Neusch, Magnet Cove, Ark
- THIRTEENTH CASE. F. N. Elmore, Springdale, Ark
- FOURTEENTH CASE. William H. Fritz, Hindsville, Madison Co., Ark
- FIFTEENTH CASE. Z. Swearingen
- SIXTEENTH CASE. I. L. Benson
- SEVENTEENTH CASE. James A. Armstrong, the second time
- EIGHTEENTH CASE. J. L. Munson, Star of the West, Ark
- NINETEENTH CASE. James M. Pool, the second time
- TWENTIETH CASE. J. L. Shockey, the second time
- TWENTY-FIRST CASE. Alexander Holt, Magnet Cove, Ark
- CONGRESSIONAL REPORT—TRANSPORTATION OF THE MAIL ON THE SABBATH
- APPENDIX A
- APPENDIX B: THE BLAIR BILL, WITH CHANGES DESIRED BY THE AMERICAN SABBATH UNION
- APPENDIX C: THE DECLARATION OF INDEPENDENCE
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FIFTEENTH CASE. Z. Swearingen
Mr. Z. Swearingen was a member of the church of Seventh-day Adventists. Went 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, aged seventeen years, were indicted by the Grand Jury at the April term of the Circuit Court of 1886, upon the charge of Sabbath-breaking by “performing labor other than customary household duties of daily comfort, necessity, or charity, against the peace and dignity of the State of Arkansas, on Feb. 14, 1885,” the same day being Sunday.CGRAS 125.2
Both were arrested by F. P. Galbraith, sheriff of Benton County, in May, 1886, and were put under bond of $250 for their appearance at the fall term of the Circuit Court. Sept. 27, 1886, the defendants appeared before Judge Pittman, of the Fourth Judicial District.CGRAS 126.1
John G. Cowen, witness for the State, testified that he saw Mr. Swearingen and his son hauling rails on Sunday, the 14th day of February, 1885, as he returned from the funeral of Mrs. Boggett. Hon. 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. The prosecuting attorney stated to the jury that it was “one of those Advent cases.” Jury found the defendants guilty, as charged in the indictment. As Mr. Swearingen did not have the money to pay the fine and costs for himself and son, amounting to $34.20, they were sent to jail until the money should be secured.CGRAS 126.2
They were put in jail Oct. 1, 1886. On the 13th of the same month, the sheriff levied on, and took possession of, a horse belonging to Mr. Swearingen. The horse sold at sheriff’s sale, the 25th of the same month, for $26.50, leaving a balance against Mr. Swearingen of $7.70; yet both he and his son were released the same day that the horse was sold. On the 15th day of December, the sheriff appeared again on the premises of Mr. Swearingen, and presented a bill for $28.95. Of this sum, $21.25 was for the board of Mr. Swearingen and son while in jail, and $7.70, balance on the fine. Mr. Swearingen had no money to pay the bill. The sheriff levied on his mare, harness, wagon, and a cow and calf. Before the day of the sale, however, Mr. Swearingen’s brethren raised the money by donations, paid the bill, and secured the release of his property. One thing about this case is to be noted particularly: The witness upon whose testimony these people were convicted, said that he saw them hauling rails on Sunday, the 14th day of February, as he returned from the funeral of Mrs. Boggett. Now, the act under which this prosecution was carried on, became a law March 3, and was approved by the Governor, March 7. Consequently, they were convicted for work done seventeen days before the act was passed under which they were convicted.CGRAS 126.3