, 1892-01-05
MIN NKLER'S TRIAL.
Judge Robinson Denies the Mo
ton for a Change Of Venue

An Admirable Opinion Touching
Upon the Preimdices of a Judge
and the Discharge OF His sacred
Duties.
Judge Robinson passed on the motion
for change Of venue in the Minkler case
at the opening Of the superior court this
morning. He reviewed the various grounds
upon which the same was made, holding
that the showing was insufficient as to the
preJudices Of the people of this county
The defense fails to bring to the attention
of the court the affidavit of single person
residing in Thurston county corroberating
the belief Of the defendant" !" said the court
After reviewing other grounds Of the mo-
ton, he took up the question Of the preju-
dice of the judge, whom it was claimed
was prejudiced against the defendant be-
cause Of his former relations with The
TRIBUNE, and in discussing this question
said:
"Only as to the grounds of prejudice on
ne part Ct the Judge Of this court did
time it was heard yesterday. But the
thought that this defendant believed the
court prejudiced VS.. him caused me to
hesitate and at that time was very much
inclined to grant the change or call in an
other Judge 1.-THE latter Of which may
yet dol
On the one hand l felt the unpleasant
and delicate position in which the belief
0f defendant placed me, and upon the other
felt very strongly the duties Of the supe-
rior Judge Of Thurston county Looking
only to my personal wishes, should not
have hesltated to grant the change
Rnt t6n +l,o a;
phases Of this charge, recognizing its utter
falslty, and the more Thought
fully examined the provisions
OF sections l19S and 80 of Hills
code, the more thoroughly / became con-
WINGED that this was not a question to he
settled'in the light Of any feelings Of per-
sonal pride on my part or in the exercise
Of desire not to sit in cause where
either party i'll interest might feel
THAT JUSTICE
would not be done or that they might not
set fair and impartial trial as far as the
Judge was concerned; but upon mature
thought | was convinced that there was q
principle involved in the determination of
Tins motion SO far as it touched the Judge
OF this court, If changes of venue are to Be
granted upon the mere belief of prejudice,
or because some one may be willing to So
swear, and because of the judges relations
with some newspaper publishing the news.
they are to be invoked and granted only
when prejudice really exists, then this be-
comes very important proceeding.
JUDGES ARE HUMAN.
They may be prejudiced. Nay, they
sometlmes are. Not as often, however. as
marrow minded people sometimes think;
but.yet often enough. But large major.
1ty OF courts lift themselves above bias,
prejudice or illfeeling. 1t is easy to saw
that the judge is prejudiced when change
IS desired. feel sure that counsel will not
consider It personal when say, that it is
not difficult task to file an affiadyit. al
leglng simple belief in the individual
prejudice OF ajudge, based perhaps, upon
some alleged facts, which under any other
circumstances, or for any other purpose.
would never suggest prejudice in the mind
OF anyone. Very many times these affida-
wits are born of the evil suspicious of some,
DIsGRUNTLED ATTORNEY
who universally pleads to his clients the
preJudlces OF the judge, i'll defense for the
loss OF his cases and his own weakness.
And tins affidavit once made and filed,
ana the court IS 50 situated that he feels a
uellcacy IN denying thesmotion on in hear
ing Cne cause, simply because the charge
has been made, while the attorney smiles
at his shrewdness, and winks at the poor
client who signed the affidavit, not by rea-
son OF the prejudice in the mind Of the
0tLu - lily 4u1llu OIL blG9 dUCOrDGV.
But IN my Judgment the Judge has 10
right to yield to such feelings Of delicacy.
though they may represent the finer feel.
lngs of manhood.
II THERE EXISTS ANY BIAS
or prejudice in the mind Of the Judge for
or against the parties in any case, if he be
lit to hold such a position, he will not
await motion of this character and that
Judge who conscientiously feels that he has
no preludices in the case exercises less
than the courage of his convictions. and
shirks his duties and responsibilities if he
fail to deny such an application.
Then dismissing from my mind all those
feelings personal to myself as an indiyid
uall, and facing the proposition purely as
and officer under my oath as any other
matter before me for determination.
Knowing that in the mind of the present
judge OF this court, there is not and never
was the least tinge of bias OF prejudice for
or against this defendant; have no hest
fancy in denying this motion. Believing
that this defendant can receive fair
and impartial trial in Thurston county. in
the broadcast and most sacred sense Of that
phrase the motion for change of venue is
denied.
METEOROLOEICAL REPORT,