The record-union., 1895-06-06
THE OAK PARK WIFE BEATING CASE
Justice MerkIey VIII Try 1t on Friday
Night
A Change Of Venue Granted by Justice
Candy = Tilt Between Him
and an Attorney.

The trial of P. G. Murray was called in
Justice Gandy's court at Oak Park last
night. on charge of beating his wife.
Justice Candy asked Mrs. Murray why
she neglected to be present to testify the
night BEFORE and she stated that her baby
was sick and she had no one that she
could leave it with in order to come to
court
He ask ed her if there was not gentle
man at the house during the evening
with whom she could have left it, and
she answered that she could leave neither
her child nor her stand with customer.
He then told her he would take her
case under advisement until $3.50 o'clock
this morning, as to whether ne WouIu
fine her for contempt of court or not.
She then stated that she should refuse
to testify against her husband.
MOTION TO DISMISS.
The Justice then asked if the defendant
was ready for trial, and his attorney, Ii.
C. Ross, answered that he wished 10 re-
new his motion of the night before to dis
miss the case on the ground that the trial
at that time was delayed more than an
hour, there being no prosecuting of1leer
present.
Assistant District Attorney J. Charles
Jones opposed the motion. de did not
know why he had not been notified, as
Mr.. Ryan was engaged IN court, but SO It
was. 1t was no reason for Diminishing
the case, however.
Mr.. Ross contended that it was good
reason. They had waited, and there was
no prosecuting witness present TO testify.
The witness was within a stones throw
and could easily have been secured by an
attachment, and there was no ground Tor
continuance by the court.
His motion was oVerruled by the court.
CHANGE OF VENUE ASKED.
Mr.. Ross then read an affidavit of the
defendant, stating that he was in the en-
pioy of the Central Street Railway Com
pany, and had charge of the park. That
within four months past he had en-
ployed one Sinclair, and discharged him
for cause; that Sinclair was q brother-in-
law of Justice Candy, and that since
that time the latter had shown prejudice
and bias against him and caused his ar
rest; that, when District Attorney Ryan
directed the dismissal of the case, Candy
was very angry, and showed it then and
since. On account of this bias and preju-
dice, he felt that he could not have fair
and impartial trial, and he therefore
asked change of venue.
Mr.. Ross read the law, which states
that in such case. or in a case Of strong
prejudice on the part of the community,
a change OF venue must be granted.
Mr.. Jones said that was one of the Pc
culiar provisions made by the Legislature
however false the charges might be, and
in this instance he believed them to be
talse-that the Justice must transfer the
case to another Justice in the township or
an adjoining one. Such an affidavit would
not be permitted in the Superior Court,
but was allowable here. He asked that
the case be transferred to Justice Merk-
ley. in the same township.
Mr.. Ross said il would not be right to
try it in the same township. There had
been a so-called Indignation meeting held
the night before, and if the case was trans
1erred TO Justice Merkley's court he
should have TO ask another transfer on
the ground that no unprecedented jury
could be found in the township to try it,
as che of the newspapers had been manu-
featuring public opinion against his eli
ent. That would result in cost TO the
county and trouble to all concerned. 1t
was tho duty OF the Justice. in order to
save costs to taxpayers, TO transfer 1t to
another township. as he had authority to
do. lie asked that it be transferred to
Justice Henry's court.
Mr.. Jones opposed transferring it to the
city. lie claimed that the defendant had
waived jury trial, as the court records
showed.
Ross denied that he had done SO.
Jones proceeded to claim that it was
necessary to have incorporated in the
affidavit statement-the statement of
prejudice in the neignborhood against
tire defendant. The defense could not
keep back points IN this manner and
afterward spring them. The Supreme
Court had decided that such a thing
could not be done. The provision al low
ing transfer to another township was
made only because there might be only
one Justice in The township. He asked
that in might be transferred to Justice
Merkley's court.
Ross said that Jones was putting words
into the mouth of the Legislature. and he
did not believe he would say such things
in the Superior Court. He was attempt
ing to deceive the court, thing against
the rules.
Justice Candy asked Ross if he said
Murray had not waived jury.
Ross said that he himself had not, and
that Murray had not since he pleaded.
Candy said ii Ross said SO he was a
liar.
Ross said he was in court and was
forced TO submit to the insult without be-
ing able 10 answer 1t, but be would not
allow il 10 be said to him if he were not
in court. Here he was forced 10 obey the
court. lie knew from the statements
made in the papers that the defendant
could not have a fair and impartial trial,
and asked if the court wanted to say that
he should not have one. He knew it
from the alleged indignation meeting,
presided over by as man named Arnold.
All he wanted was Justice.
Candy granted a change of venue and
transferred the case to Justice Merkley's
court.
The papers were transferred to Justice
Merkley, who opened court.
uai1 ho had - olro
which would take some time to prepare,
and asked continuance till Friday
night, which was granted and court was
adjourned.
Ross then asked that the charge against
Murray, OF carrying concealed weapons,
which comes up this morning, be also
transferred, to be heard at the SEINE time.
as he would make the same motion as in
the other case. but Justice Candy would
not give an answer till this morning.
Alter court adjourned Justice Candy
wanted TO explain his remark, but Ross
told him he would not discuss the matter
in the courtroom, as he did not want to
be fined Tor contempt, but he would not
allow the Justice TO insult him outside
the room. Candy did not take up the
challenge and the matter dropped.
prominent official of the Central
Railway, when asked as to Murray's
work at the park, stated that he had kept
good order there. allowing no liquor to
be drank there or hoodlumish behavior.
The hoodiums have found out that they
cannot run the park, and respectable peo-
pie lind it place where they can go and
enjoy themselves. This naturally max es
enemies for Murray. of course.
a Mortgage Foreclosed.
Superior Judge Cstlin yesterday rem
dered judgment in favor of the plaintiff
In the case of Isaac 3. Coolidge againsr