The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-10-10
THE CLIENTS DELUDED
CRY OUT AGAINST
CHANGES of VENUE CUSTOM.
saw 1t Has Grown to Be an Evil in
Their Courts - Unwilling
Perjury.

There is practice among many attorneys
who practice among justices of the peace
of persuading their clients to make an affi-
davit for d change of venue as the first
step in the case. This practice has become
so common that it has become a custom.
The clients, acting on the advice of their
attorneys, make these affidavits, not know
ing why they are SO instructed. To obtain
a change of venue the client must swear
that he is certain he will not get justice in
the court in which the case is set for trial,
and in the majority of cases he has never
seen the inside of the court before and has
never made the acquaintance of the justice.
Cases are known where the client is per-
fectly willing to have his case tried before
the magistrate but has changed the venue
as instructed by his attorney without
knowing why he was SO instructed In
many of these instances it is claimed the
client is guilty of perjury, morally If not
criminally, though unwittingly.
a short time ago the case of William
Stevens against Mary King, suit for pos
session and damages for the unlawful de-
tention of real estate, was TO be tried be-
fore Magistrate Sears. The case came UP
and Stevens made an affidavit for change
of venue to Center township, although it is
claimed he had never before met Sears and
simply acted upon instructions from his at
torney in ie matter Magistrate Herig
tried the case some time later when il
could have been settled at once irfthe orig
inal court.
Thursday John McAlester, colored, living
in Jackson Park, was brought before
Magistrate Sears the charge OF resisting
a legal process. In order TO satisfy a Judg-
ment his two horses were levied upon. The
cons able met McAlester in an alley with
the team in the evening when ne. went to
taking of his two horses and finally put
one in his barn. When brought to trial be-
fore Sears, acting upon the advice of his
attorney. he made an affidavit for change
of venue and got it, the case being taken TO
Hays court. For some unaccountable rea-
son he was again instructed TO change
Southport. Then McAIester began TO Won
der why his case was being shifted about
was explained that he had sworn that he
believed he would not get justice before
an instant and said: why, l believe moth
ing OF the kind. l could get justice any
living He then summarily dismissed his
attorney, 1T is said, and took the case in his
own hands. He was released on bond by
Had McAlester not asked for the change of
venue iii the first place his case would have
been disposed of at once.
The object of this class of attorneys in
nstructing their clients to demand changes
of venue, the magistrates say, is to gain
giving the cases aspects of. Importance, in
tricacy and legal skill in closing them up.
AIInOuSn tile lee is SSlleTdily given LOT the
case as a whole without reference to the
length of time of the trial. in some in
stances the time cuts some figure with the
remuneration. Thus in order to satisfy the
caprices of these attorneys the client is in
many cases deprived of his liberty and his
wages for employment lost, for these cases
are by a large majority small civil offenses.
Magistrate Nickerson said: This prac-
tice has gone SO far it has grown into a
custom. This seems to be the mode of
practice of a certain class of attorneys who
are merely pettifoggers and only attorneys
in name. Where it occurs in a criminal
case once. il will occur in twenty-five civil
cases. Not only the poorer classes of ig
norant clients are taken advantage of in
this way but almost all the clients as they
throw their cases into The hands of these
attorneys. who are always the look
out for such cases. Why. some of these
lawyers haven't even a set of statutes in
their offices. let alone libraries. They were
vaccnated for lawyers. but it didn't take.
The sclients are unwittingly made to per-
jure themselves and it is apparent. but as
long they know no better how can this
evil be stopped?
Almost the same words were reiterated
by Magistrates Hay, Sears and others.