The record-union., 1895-01-24
SAYS he CAN'T GET JUSTICE HERE.
General KeIIy's Left Bower in a Bad
Row of Stumps.
Justice Meyer of Calf Denies Colonel
Davids' Motion for q Change
of Venue.

When E. E. Davids, one of Kelly's
Industrial orators, who is charged with
violating the city ordinance prohibiting
the blockading of streets by public assem-
blages, objected to being tried by Police
Judge Davis on the alleged ground that
he was prejudiced against him. Mayor
Steinman requested Justice Meyer of
Gait to come here and hear the case.
Justice Meyer was on the bench yester-
day when Davids and Counselor Harlow,
City Attorney Brown and the usual
group of Police Court attendants assem-
bled for the hearing of the defendants
motion for change of venue.
Lawyer Harlow read an affidavit made
by his client in which the latter swore
that he did not believe the Gait Justice
could give him fair and impartial trial,
but he neglected to state why. The ex-
planation was supplied by his counsel,
however, who said the newspapers had
so maligned the 1ndustrials that even the
people Of Gait had imbibed a prejudice
against them-the Industrials, of course.
With charming naivete he told Justice
Meyer that he didn't believe he-if
charged with some criminal offense-
would like to be tried by Judge whom
LIZ LuOuBHI Was pref uUlCeu dSdluSt MIN.
In his argument he referred to the in
cldent OF the bouncing of the Industrials
from their hall by mob, when Captain
Bradley pulled down the American flag
in the hall and dragged it through the
mud down X street." Counsel held that
the ordinance was ambiguous and void
in that it declared it to be misdemeanor
for any person to obstruct the streets by
holding meetings thereon, and then pro-
Vided that such misdeIneanOr might be
committed provided the Mayors consent
was obtained. On behalf OF his client he
demanded change of venue.
City Attorney Brown held that
change of venue had practically been
granted by the calling of Justice from
another township to try the case. He
argued that, while there could be a
change OF venue from one Justices Court
to another. there was no provision for
change Of venue from the Police Court,
1t being municipal tribunal provided
for only by the local charter.
The arguments on this point were long
if not loud, and at their conclusion JUS
tice Meyer denied the motion ior change
of venue.
Lawyer Harlow, however, had some
thing more up his sleeve. He then read
atfidavits from J. D. Jost and a man
named Connell, who swore that a jury
could not be had in this city that would
their reasons for such belief. On the
strength Of these atfidavits he demanded
change of venue to some other town
ship. 4
Another legal battle ensued, in which
the old ground was traversed over and
over again. Lawyer Harlow, in speaking
of the members of the Committee
of Safety, referred to them as "hobo
policemen" saying that at least the
nrst part of the appellation would
ut. The defendant (Davids), he said,
was the superior of any OF them.
He waxed eloquent in depicting the dan
gers that beset the boon of liberty
when men were refused trial by their
peers-by citizens who could go into the
Jury-box entirely free from prejudice
against defendant
Justice Meyer again denied the motion
for change of venue, and after a con-
sultation between the attorneys and the
court it was agreed that the trial of the
case should begin at 10 o'clock on Satur-
day next.
Bailitf Hardy nearly had an attack of
heart disease when Lawyer Harlow re-
marked that they would probly need
bout two hundred talesmen, and that the
trial would likely consume several days.