This section contains the nature of the case and procedural background.

In March 1905, there was a bill, known as the 'Cache River Levee Bill,' pending in the House of Representatives of the General Assembly of the State of Arkansas. On the third try, it failed to pass, and a motion to reconsider was made. D was a member of the House, representing Monroe County. When the motion for reconsideration was pending, N. Perkins, W. B. Williams, A. F. Mayberry, Robinson, Galloway, and other citizens interested in the bill came to Little Rock to see what could be done. A meeting was held, and D said, 'It would require some money to get it through--he thought about $ 1,000;' and said something about surveying and other expenses. D said it could be placed where it could be used to the best advantage. D was emphatic in saying that he was not to receive a cent of it. D eventually figured out the group would have to get a lobbyist. M. D. L. Cook was then a reputed lobbyist. Mayberry was to employ the man to assist them in securing the passage of the bill. The sum of one thousand dollars was to be raised, and it was not to be paid until the bill became a law. Mayberry was introduced to Cook, and Cook agreed to see what could be done. The money was to be paid to Cook when the bill became a law. It passed the Legislature and was vetoed by the Governor, and the money was returned to those who paid it. The grand jury returned an indictment for conspiracy against D, charging that he and M. D. L. Cook, unlawfully combined, conspired, agreed, and confederated together, each with the other, to commit the crime of bribery. D was found guilty and appealed.

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