Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1880-03-09
L,unosroxs CASES.

.a NT@H - l
Indictment Number Eight Called and
Proceeding stopped by an A0davie
Calling for Another Judge.
In the United States court this morning
there was q sudden and considerably un-
looked for halt in proceedings. Arrange
menta we're being made to call up indict.
ment number eight, against DR.. Livingston,
for trial, when the defendant, through biz
counsel, presented and read an affidavit to
the effect that the defendant could not have
an impartial trial, by reason of the bias and
prejudice of the Honorable P. G. Shannon,
preceding Judge Of the district court. This
affidavit wa followed by a motion Of the
defendants counsel that the action be tried
before another Judge, and the motion was
commented upon lightly by the attorneys.
The prosecution held that the court had ex-
ercised fairness and impartiali.y in his con-
duct Of previous cases against DR.. Living
ston. As the defense had enclosed their
sentiments in the afidavi,s aud motion, their
was very little for them to say without pro-
ducing specifications, so the matter was
rather quietly gone through with. The
Judge dismissed the jury until ten o'clock
tomorrow morning and announced that his
ruling on the motion would be forthcoming
at two o'clock in the afternoon.
At two o'clock this afternoon the parties
interested in the case and the usual number
of disinterested attendants gathered at the
court house to listen to the ruling of the
Judge on the motion for a removal of the
case. Judge Shannon announced that the
motion involved questions Of grave impor-
lance, which called for careful consideration
which it was best to give due elaboration.
His remarks we're interpreted by many IS
an intimation that Judge Kidder was not .
Judge of the United States court and conse-
quently could not preside over the Liv-
~ingston cases. This being the fact it would
became necessary to call upon either Judge
Barnes or Judge Moody to try the cases
In consequence Of the necessity f1r DELHI
crate consideration of the matter, Judl 9
Saarnon reserved his opinion until ten
| O'Clock Ia. morroW morning, to which tim
court was adjourned.
The attorneys for the defense and the
defendant himself express themselves this
afternoon as still being strongly In favor OF
the position they have taken. They say
they do not want to 60 before Judge
Shannon with another case and that they
have therefore introduced the affidavit and
motion and they earnestly hope that the
change asked for may be granted.
The affidavit and motion of the defendant
was made under the following provision Of
the statutes Of Dakota, closing clause of sec
ton 2S5, cole of criminal procedure:
If the accused shall make affidavit that he
cannot have an impartial trial, by reason
of the bias or prejudice Of the presiding
judge of the district court where the indict-
ment is pending, the judge of such court
may call any other judge of a district court
to preside at such trial and it shall be the
duty Of such other judge to preside at said
trial, and do any other act with reference
thereto, as though he was presiding Judge OF
said district court.
The Merchants billiard parlors have been
moved 10 a location one door north of Ed
mund's and Wynn's bank.