The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1891-11-08
CHANGE OF VENUE FOR ALBERTsoN
The Case Against Him to Be Tried in
Thurston County.

Thurston County.
TACOMA, Nov Especial Judge Allyn, of
the superior court, late this afternoon handed a
decision in which change of venue is granted
X. b. Albertson, of Seattle charged by the
Fidelity Trust Company, of this city, with COM
plicily In robbing that company's bank last
August. The decision says in part:
The application for a change of venue on the
ground that lowing to the excitement and
prejudice against the defendant in Pierce
county, and especially in the city of Tacoma,
he cannot receive fair trial in Pierce county"
The application is supported by the affidavit
A. {. Bowman reporter at the preliminary eX-
animation, and X. H. Goldie; and none are
shown to have ever been i'll Pierce county fur
ther than at the time of the examination. The
athdaylt of Preston attaches clippings from
news publications, and AYERS that they are
IN certain particulars untrue, and were gener-
ally read by the people OF Tacoma The affidavit
oil Bowman corroborates this in showing in
what particulars they are erroneous. The
affidavit of Goldie recites the public excitement
that WAS created in Seattle when defendant was
hrst arrested, and the riOtous proceedings that
thereafter occurred; and adds that by reason OF
this, and the news clippings referred to, and the
business rivalry existing between the two cities
there Is strong feeling against defendant in
Pierce county"
This is all on which a change of venue is
asked. Opposed to this the affidavits of
fourteen men, residents of Pierce county, each
OF whom is creditabe as any man in the
state. These fourteen citizens all swear there
is no real prejudice against the defendant, and
that fair trial may readily be had, some even
going so lar as to say that they would aequit on
the evidence mp to this time presented.
Cases OF this kind OF course, are not carefully
weighed, and the evidence of the witnesses bal.
anced, one against the other, or dependent upon
the number presented by either side, but rather
the considerate discretion of the court is to be
fairly exercised, and all the conditions fully
considered.
upon the case, as thus presented, there is good
reason shown for granting the applioation-none
whatever-the very most that can be said is that
full ana lair reports were made OF the trial and
some editorial comments OF a general nature. To
announce the rule that this is sufficient for a
change OF venue, would be to ignore the age
we live In. Would be to say that whenever
o case was of sufficient Importance To be noticed
by a newspaper (and in this progressive age but
few go unnoticed), that all such cases must for
this reason be removed from the county in
which the publication occurs. This, az / have
said, Is to ignore the age live into put "a
premium on lgnorance-and would exclude in
telllgent, reading men from juries; and for like
reasons should excuse "A judge from sitting.
This Is very absurd And yet while plainly
showing the hollowness OF the application in
this case, i have decided to grant it. This
paradox requires some explanation.
The atfidayits OF the applicant indicate that q
few persons in Seattle believe that many in this
county are SO prejudiced they cannot do justice.
The statement in Mr. Goldie's affidavit of what
occurred in seattle after defendant was arrested
might indicate that there are some persons in
the state who are willing to violate law and or
der; butthere is nothing shown in that affida-
Wit, or the others, that indicates any such
condition existing in this county, and
the past history OF courts Will
plainly show that residents of other
counties have never applied to our
courts in vain. In my judgment the defendant
could receive rs fair and impartial trial here
AZ at any place in the state; but / am not willing
that our courts should do anything that would
seem to justify the unfair and erroneous I'M
pressions existing in the minds of IA few OF our
neighbors, even during the interim that must
occur between now and defendants trial: Good
citizens ought to realize that there is wide dit-
ference between political chickering's or business
iealousies aud the administration of justice in
courts OF law.
For reasons stated the application will he
granted, and the case is now ordered removed to
Thurston county for trial.