The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-10-29
Arguments for Change of Venue
Made in Tacoma.
FATAL ACCIDENT AT PUYALLuP.
State Land Cruiser Question Settled
Without an Extra Session.
The Good People OF Portland Taking
Steps to Enforce the Sunday Laws
An Oregon Child Burned to Death
snohomish Harbor Lines.

TACOMA, Oct 2s.-TSpecial. THE mo-
ton for a change of venue of r. B. AL
bertson, charged with completely in the
robbery of the Fidelity Trust bank. was
argued tonight before Superior Judge
Allyn. Judge Burke read clippings from
the Tacoma daily newspapers to show that
feeling had been created against defend
ant. 1t was evident that feeling had
been created with terrible ingeniousness.
There being feeling of local rivalry be-
tween Seattle and Tacoma, it looked as if
vengeance would be unconscously
wreaked upon the unfortunate and
innocent man. This robbery had
startled the whole state, and
there was nothing to compare
with it outside of the widest romances.
Then he argued that it was no discredit to
people that in the presence OF such an
appalling crime they could not do Justice
to any one accused. He held that the
newspaper articles were incomplete, and
in one instance accused defendant of "con-
Tossing"
Judge Allyn stated that the newspaper
clippings were not sufficient to show that
a feeling of prejudice against defendant
had been created. In this reading and
thinking age people think for themselves,
and do not receive as fact all that ap-
pears in the daily prints as was formerly
the case to a great extent.
Judge Burke replied by reading an affi-
davit of Mr.. Goldie, secretary of the Seat
tie Board of Trade, to show that the
Tacoma newspaper articles had preiudiced
citizens.
Prosecuting Attorney Shell emphasized
the fact that the motion was based entirely
upon newspaper clippings, except for the
affidavit of Mr.. Goldie. On the other hand
he exhibited affidavits of many prominent
Tacomans showing that the articles had
not created feeling of prejudice against
the defendant, and had not poisoned
their minds. Further, he referred to the
affidavit of T. J. Fleetwood, who had
heard the evidence, and did not believe
that the same as published in the Tacoma
papers created prejudice against Albertson.
Fleetwood himself believed defendant in.
nocent. Save Godie's affidavit, there was
no evidence to show that the Tacoma
newspaper articles had the bad effect Judge
Burke claimed. If there is to be change
OF venue every time the newspapers pub
lish facts, then no case of importance will
come TO trial unless the backwoods or
place where newspapers are not enterpris-
ing are resorted to.
Colonel Haines closed the argument.
He said this was not an ordinary case.
The leading cities of the two counties are
rivals commercially and politically. Citi-
zens of each have been arrested, and, as it
were, held as hostages In the other. The
newspapers of Tacoma, during the pre-
liminary trial of defendant, aroused an
acrimonious feeling that never should
have existed. If this state of facts and
feelings did exist, then there could
be no question about a change of
venue being granted. Supreme court
decisions of California and New Hamp-
shire were cited to show that change of
venue should be granted if there was the
least doubt of accused securing fair and
impartial or satisfactory trial. He did not
believe any Pierce county iuror would
vote defendant guilty if he thought him
innocent, nor would they act unfairly, but
it is evident their minds have been pois-
oned by newspaper articles, the tenor of
which was TO prove defendant guilty
This state of feeling was evinced by the
fact that so fair and impartial a gentle
man as Prosecuting Attorney Smell cannot
refer to a Seattle gentleman without call
ing him That fellow Goldie."
Snell-I never knew him before.
Haines-So much the worse thought there
might exist some special reason for such a
sighting reference, and if so impartial a man as
Mr.. smell has had his mind poisoned by the bias
O. critics ms. what may we expect from unedu-
Gated people who have never entered court
room? And these articles even worse in ef-
feet than if they denounced defendant harshly.
In that event sympathy would have been
aroused in his behalf. Defendant has been
abused w.th a semblance of fairness that is
mest n !nuatng ana damaging.
Judge Allyn stated that he had been
called 10 occupy the bench of Thurston
county for Judge Robinson, and probably
would not announce his decision until
early next week. As the matter stands,
it is claimed il will prejudice the case of
the state and the bank If change of venue
is not granted. 1t is held it would be dis
courteous not to do so. All agree that the
extra cost under a change of venue to this
county should not be considered, and
there is no reason 10 believe that the
court will consider the pecuniary PROPOSE
ton. L. B. Albertson was present during
the argument.