Before the divorce suit was filed Mrs. Brewer swore out a warrant for the arrest of Mr. Brewer charging him with assault and battery. She stated that on Monday of last week Mr. Brewer came home drunk and beat her, and while thus torturing her, took up a large carving knife and threatened to kill her with it. In substantiation of the statement, she had a large bruise on her arm. She seemed to be in fear of the man and stated that she would not risk meeting him anywhere.

The issuance of this warrant seemed to place the county attorney in a very embarrassing predicament. He had already been employed by Mr. Brewer and the arrest made it his duty to prosecute him. Before the arrest, however, Mrs. Brewer's attorney consulted the county attorney and asked him if he would dismiss the case if it was brought and he said he did not think he would, but when Mr. Brewer was brought before Judge Collins he changed his mind and instructed the justice of the peace to dismiss it. The county attorney did not appear outright as Brewer's attorney in this case, he simply advised the court as county attorney that there was nothing in the case, that he did not desire to prosecute it and that he wanted it dismissed. He was willing to assume the responsibility and it is hardly probable that he will attempt to shift the blame in this instance on the county commissioners. To the ordinary individual it seems very strange that the county attorney should refuse to prosecute a case of this kind. The woman showed him the bruise on her arm and told her story, but it did not move him more than to give her permission in a halfhearted way to swear out a warrant, only to give him an opportunity to stop the case later. The beating of a woman together with a knife play and a threat to kill her may not be a breach of the law and perhaps ought to go unpunished, but there are some citizens who do not think so, and some are bold enough to say that an officer who stands between the offender and justice is unmindful of his duty. G. M. Martin was Mr. Brewer's attorney in the criminal case.

It was also stated that the arrest was made merely for the purpose of strengthening Mrs. Brewer's divorce proceeding, but her attorneys refuted this by saying that if there was no foundation for the criminal prosecution, there certainly is no foundation for the divorce case and if the defendant should be acquitted it would virtually be a victory for him in the divorce suit.

The facts as above related were stated in open court by Mrs. Brewer's attorneys. The county attorney agrees with them excepting that he says he did not authorize the bringing of the action. Of course there was nothing mercenary in his action. His conduct is far above suspicion, but Mr. Brewer was not at all excited when he was arrested. He told the deputy sheriff that it would all be fixed in two minutes. He seemed to be good on the guess.