St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1893-09-10
DENIED THE MOTION.
NO CHANGE or VENUE FOR Mr..
MARKRAM
so .sUDGE CAVITY HAS DECIDED.

to show That His Client Can
not Get a Fair Trial in Hem
nepin County ffidavits Pro
and Con-County Attorney Nye
Asked to Nolle Prosequi.
Yesterday Judge CAVITY heard argu-
meuts for and against motion for a
change of venue from Hennepin county
in the bribery case of Joseph NJ. Mark
ham. member Of the legislature fron
Aitllin county. G. A. Severance, Of st.
Paul, appeared for Mr.. Markham. and
County Attorney Nye for the state.
The main point urged in Mr.. Sever
ance's argument was that the bill, in
relation TO which the alleged attempt at
bribery was made. is one in which citi-
zens of Hennepin county were mainly
interested. and that ii is wholly citiZrnS
OF that county who are pushing the
prosecution. He offered sumo atfidavits
in support OF his position. made by
Clark Clay, A. I'll. Powers, L. f. Ken
nedy and A. }. Dwyer.
Alr. Nye objected to tie acceptance
of the af1idavits upon the ground that
he had not been served with them.
The court allowed them to be filed
under objections, giving the county at
torney time TO answer them.
Mr.. Nye read affidayitS from htmse If
aud large number of others, showing
that there was no feeling among lum-
bermen. They showed that many of
the lumbermen had desired the case
dismissed by the grand jury at the time
it was heard. They were made toy
James Ii. Eye, John p. Wall, AGolph
Sirvis, =. G. Robinson, W. ii. II. Day,
Joes z. Bassett and B. F. Nelson. The
arguments were quite Lengthy, Mr..
Severance claiming that it was Unfair
in Mr.. Nye to bring rebuttal affidavits
from the people who had been instru-
mental in bringing the indictments. He
claimed clique who were angered be-
cause the bill did not pass the legis-
lature in their inteIe ST. and had resolved
to vent the spite on Markham, who diQ
not vote for the bill. He roasted the
Minneapolis newspapers for their
articles printed at the time of the in
dictment. and inserted that there were
fully 12.000 people in this city who
WIZ w bIC lIltClCSlS
for support, and many would find their
way to the jury box.
Mir. Nye, for the state, made power
ful argument, going through the history
OF the case to show that Mr.. Markham
had been granted every courtesy. He
reminded the court that all the news
paper clippings presented by the other
side, all Of them bore dates prior to the
setting OF the case for trial. and that the
papers had been silent since then. The
lumbermen, he said, were divided i'll
their opinion as to the merits of the
bill. No one, he said, was pushing the
prosecution, nor had they. The wit
nesSes mad been Subp@uaed to testify,
and did not come of their own free will.
Some OF those same men had come to
him and stated that Markham had SUI
tered enough, ana asked that The case
be dropped.
at is utterly ridiculous" said he,
this charge of an organization to push
this prosecution. Why, say advisedly,
that were L to yield to the behests of
prominent men L would dismiss this in
dictment, bnt | hold that the influence
OF such an act would be too broad and
far-reaching."
You have had no requests from the
defendants side, have You?" asked MIR.
Severance.
No sir, don't know that l have"
The court stated that the statute re-
quired that it should he satisfied beyond
! doubt that trial would he unfair be-
fore granting change of venue. In
the courts opinion fairer trial would
be held in this county than any other.
He therefore denied the motion, stating
that it would take something stronger
than affidavits to convince him that
Hennepln could not try case i'm
partially. An exception was ia ken to
make'rOom for an appeal.