The morning call., 1895-01-25
HE SAYS HE is HATED.
Dick McDonald's Case Once More
Delayed.
An Affidavit on a Change Of Venue Was
Not Properly Submitted to
the Prosecution.

The case against R. II. Mcdonald Jr.,
which was to have commenced before
Judge Murphy yesterday morning, suffered
another postponement for one day. 1t
will comeup for trial this morning. The
reason for the delay was the irregular sub
mission of an affidavit for a change of
venue, the same not having been properly
served on the District Attorney. Mr..
Barnes was given until 10 o'clock this
morning to file his answer to this affidavit,
which must be disposed of before the case
proceeds.
The affidavit is similar to the one sub
mitted some months ago, when the case
was first opened, and like the previous
one is accompanied by petition signed by
a mum Der of local business men, declaring
it to be their belief that fair and impair
tial trial of Dick Mcdonald cannot be OBJ
tanned in this city. The affidavit sets forth
that there remains now among the resi-
dents of this city widespread and bitter
hatred of the prisoner, and general soil
citude that he be hurried to the peniten-
tiary without regard to facts or means.
Also that the prisoner Is informed that
very recently mass meetings were held, in
which he has been publicly denounced as a
criminal, and that in recent reports in the
daily and weekly papers he has been rep
resented as being guilty of numerous
crimes The affidavit further states it to
be the belief of the deponent that he has
been prejudged as to the charge made
against him, and that he is generally be-
heved to be guilty.
In pursuance of these facts the prisoner
asks that the court remove the trial to an
other locality, where the people are not
inflamed against him, and where he is
more likely to obtain fair trial.
Attached to the affidavit is the petition
signed by citizens, and tending to corrobo-
rate the facts as presented in the affidavit.
During the last few months the petition
states, the feeling against Mcdonald has
not decreased in the slightest degree.
Passion has subsidized trife, it states, but
now, as formerly, hostility is broadcast
and bitter and unfaltering, the general be-
lief being that the defendant is undoubt-
eddy guilty.
The affidavit had not been presented to
Mr. Barnes, and in consequence he was
not prepared to answer it at once. Z. j.
Livernash, McDonald's attorney, dis
claimed all wish to delay matters, and sug-
gested that the work of securing jury
Rroceed, but if the application for change
6 venue should be granted, the proceed
ings could then be stopped. Judge Muir
puy WOulu HoG dIoW TINS, however, every
thing must proceed regularly, and in any
case he did not consider that counsel had
a right to stipulate in criminal actions.
a jury had already been called, but none
sworn, so the case was not allowed to pro-
coed any further. The jurors called are:
Paul Lindacher, Marcus Meyer, Walter
Bitzold Solomon Zekind, James Perry,
Alfred II. Murken, William Gieman, Fred
W. Butler, Herman Friedlander, Richard
NJ. Collins, Henry R. Dwelly Jr., Martin
r. Roberts Jr. They will be present this
morning'to go on with the case should the
change of venue be denied.