Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-08-20
A CHANGE OF VENUE.
Commissioner Pratt Will Not DIAL
With tho EOR and Arrow Men.
THEY'RE Sent OYER 10 ncSALLE
The Defendants fllc an Anilavlt-1hc
Hearing Tomorrow thas. W.
rtck Discharged.

alg eAhlulAAAlou " tue HlA uflouuhuAH
charged with being concerned b. the
alleged bIuoo shooting contest which
twas TO have come oil" IN Calder
park last week, bus which was
nippcd 10 the but - the unrxr, cted
swooplnE down Of tue police upon tue
uhioir. Ton o'clocs was the hour
named Tor tho uoaTius to begin, and
just before that time Guard Jbnncy
arrived from the lonilonliaty with
the fgus defendants who, TAIL
lrg 10 give bonds, arc hold Ia
custody, namely, Caas. Steele, 3. La
layette, Harry Fufcy with the alias
Of ~ NO9isJ aud ~. Il. Eddy.
Daniel QIiulau, "Ar,isW Tailor Il.
T.. Wells and Charles W. PecS, the 70.
NAMING three ou, on bail. put IN an
appearance la.Ur.
County Attorney Murphy was there
to prosecute, with Attorneys John NJ.
ZinU aud J. l.. Wall lwall ani Riley
Ms associate couuss. Tho defendant
Peck vas represented by Attorney &.
>. Narian. tie cause VI Ut. CO.
OBSERVATION-DISCLOSURES uxceptod-bsing en-.
trusted 10 Williams, Van Cot ami
Sutherland aud Messfs. Richie Is
Richie. Wells hal no attorney
present
Csmmissionsr Pratt took his seat At
lO.lO, ready 10 proceed, but long and
tedious wait followed, owing to the
non.appeafanou Of tue Williams.
Richie legal contingent, who, II was
afterwards stated, were holding u
conference "below." lt was during
this Interval that County Attorney
Murphy took occasion 1 move for the
dismisssl Of the oompltiut Ms against
the defsndHnt Chas. W. Pee. "sith.
out Prejudice" be- added uatcnthetiC.
ally. Counsel said he had thoroughly
Investigated the charge aga,ust Peck,
aud was satisfied inst the facts were
insufficient 10 warrant any further
preceding In his case now. IL was
Understood between Nit. Nariau
tPtok's attorney aud himself, how
ever, that this action was taken
without preIu lice; Le., " In tue course
Of examination OF the other men, or
Afterwards, any additional facts dis.
closed anything that would implloAio
Peck, then he might be subject 10 iuf.
Iher proceeding, before the grand jury
or elHpw here.
Peck was therefore disohArgod-and
he seemed glad o II.
IL was after lO;i5 when the attorneys
for the defense came iuto the court.
room, and the county attorney then
Informed the commiptlOneT they hal
all agreed that tho bearing should be
continued I'll tomorrow truesdayl
morning at ten o'clock.
Attorney T.. l.. Williams-Subjeot 10
another application which We hRve 10
make ht this time. Counsel then
handed In an afliiayit, signed by his
clients, demanding change OF venue
from Commissioner Pratps court to
some other to be decided upon. The
excuse eel forth was that the defenu-
ants had "teason TO believe, anu do
believe, that they cannot have, nor can
either % them have, n fair examine
ton before Harmed Pratt, Esq, by
reAs0n Of tho prejudice aud bias u said
commissioner against said defendants
Aud zach Of thrm,"
A discussion took place between
MeSsTr. Murpny and Williams ana the
commissioner IN 10 the legality u this
proposal. While the county attorney
did not desire 10 strsuuously oppose
the application, II was very doubtful
In his own miuJ, hs said, whether the
commissioner had the power to
make the order asked Tor. THIS
Aiiidavit, rs now drawn W, was nug
enough on which ~ base an AppliCa-
ton Tor u change OF venue, The de-.
frndAupa counsel had here simply
followed the statutory language;
where rs the Supreme court ot Cali
fornlA had held distinctly that II was
not enough 10 merely set forth Il fact or
conclusion on ths part OF tho Appli-
cAnts; they must 10 further, and state
the gTOund on when thUiE opinion was
based. The Third district court Judges
Zane and AndeuOu) hal followed
that ruling on two separate occasions,
II these defendants hAl any ground Ut
grounds thuy should DO specifically set
forth In this HiiilAvlt, While desiring
that these men should have fair play
aud an impartial hearing no wHH
perfectly satisfied they would have
both al the hands Of Commissiouct
Pratt.
Attorney williams replied that the
sutii cheney OF tue reason vas NOT made
question here.
County Attorney Murphy objected
10 ths defendants "irUtung the prose-
rutiOn around inuisurimiuatrly, wher-
ever they pltasvd," at tho same time
he did not violently oppose this motion.
The Commissioner said ho had AL
ways granted Al application for a
change Of venue whenever tuefo was a
reasonable ground Tor dylug 10, boz
cause II was disasTeOaO!e Thing Tor a
court TO try case, under any cireum-
stances, where the parties thought they
could not nave a fair examlnntlon.
After u little heillatl1n, MS Honor
granted the T,qIUrt, and asked cOuusUl
10 decide before whom they would take
the case.
CITY Jusllce OF tie Peace Smith
was named by the county attorney, but
this numiua,i0u uid not altogulhvr
meet win Attorney WiliamA's Hl-
proyal,
and commissioners were put ~, AMI
after a 200 deal VI talk unset with
drew 10 discuss, But they failod TO
agree upon anyone, aud referred the
neint 10 Commissioner Pratt,
Hia honor iudulged IN big think
ana at length chose Commia.ionsr
McNAlly. So Uelors thLt geatlouan