The record-union., 1891-07-14
CHANGE OF VENUE.
J. D. Smith Does Not Want to be
Tried in Sacramento.
VolLminons Affidavits Being Read in
Judge Catlin's Court-Alleged Pref
udice-Counter AfIldavits Filed.

lnJudge Catlin's Court yesterday af-
ternoon j. d. Smith, the ex-dive-keeper
who IS awaiting trial for completely in
the assault and robbery of Robert Allen,
moved-through his attorneys, Johnson,
Johnson & Johnson-for change OF
venue.
In support of the motion voluminous
affidavit sworn to by Smith was produced
and read 1t contained lengthy quota
tions from the Sacramento papers, which
Were alleged by Smith to be prejudicial
to his case and having tendency to pre-
vent him from receiving a fair trial in
this county. 1t also set forth that the
feeling is so bitter against Smith in Sac
mento that he
COULD NOT SECURE BoNDSMEN
For his release; also that the friends of
Robert Allen are thirsting for revenge
and would not give the defendant, Smith,
fair trial. The assertion is also made
that in the procession of "Horribles', on
the evening of July 4th there was group
about float, and that upon the latter was
scaffold, suggesting what should be
done by the Vigilance Committee with
those who are in such predicaments as is
Smith.
The affidavit of Ida Smith, the prison
er's wife, is similar in effect, showing
that she endeavored to get bondsmen for
her husband, but met with rebuff on all
sides.
MORE AFFIDAvITS.
81. D. Gamble, George Brooks, R. j.
Gordon, Charles Hoekle, Fred. Gruhler,
L. Wickwire. J. G.. Schaden. II. Le-
mansky, A. Wilson, Michael Dawes. Isa-
dor Schad, Frank r. Waters, Mrs. Hull,
@. Curtis, John Backline, J. Peytorey.
William j. Hull and Robert H. Mackall
make affidavits that they know Smith,
and through reading, conversations and
otherwise have become well acquainted
with the .offense against him and circum-
stances thereof; that they have read the
affidavit presented by defendant in sup
port of his motion for change of venue,
and that they believe the statements
therein are true; that they know the feel
ings on the matters set forth and referred
to in said affidavit and the state of the
public mind thereon, and that they be-
lieve that the defendant cannot have a
fair and impartial trial in this county.
THE OTHER SIDE.
These affidavits We're being read when
the adjournment hour arrived, and the
reading of them will be resumed to-day.
Before the court adjourned District At
torney Ryan announced that he had a
number of affi0avits to present against
lnOSe OuereQ Dy Smltn. Inc documents
offered by Mr.. Ryan were filed and will
probably be read to-day. The first three
are sworn to by E. b. Willis, c. K. Nc
CATCHY and Wells Drury, managing
editors, respectively, of the REcoRD-
UNION, Bee and NelcS. They are to the
effdct that the articles published in those
papers, regarding the assault of Robert
Allen, We're published merely as news,
and not for the purpose of infiaming the
public mind nor for prejudicing the people
against Smith and the other persons
charged with the assault and robbery of
Allen. These affidavits also set forth that
the editors are familiar to certain ex-
tent with the case and with the public
feeling on the matter, and believe that
Smith could receive fair trial
Mr.. Ryan also presented affidavits from
George BOyne, William Godt, Samuel
Katzenstein, William NJ. Petrie George
Phillips, w. F. Peterson, Joseph
Hahn and j. B. Klune, setting
forth that in their opinion Smith
could be given fair trial. Affidavits
were also presented from members of the
Horrible Committee, to the effect that
they were not aiming at Smith in pre-
senting their Vigilance Committee''
burlesque on the Fourth of July.