Evening star. [volume] (Washington, D.C.) 1854-1972, 1896-05-23
A CHANGE OF VENUE
The Cooking Trial to Be Hold In Leonard
town Next September.
A Removal Asked for In Order to
Gain Time The Prisoner
Shows Deep Feeling.
Special Dispatch to The Evening Star.

Special Dispatch to The Evening Star
LA PLATA. Charles County, Nd. May
2S.-Joseph Cooking, the alleged murderer
OF his wife and sister-in-law, Miss Daisy
Miller, at Hill Top, just one month ago,
will be tried at Leonardtown, ST. Mary's
county, at the September term Of the
court having sworn that he thought he
could not get justice in this county. When
the circuit court convened in the town
hall the prisoner was brought in and put
in an improvtsed dock. His two days In
the Port Tobacco Jail had changed him
considerably. and instead of being the
cor dent mar he was while in the Bal
timore Jail he was very much detected and
seemed unable to look into the faces of
the curious throng which filled the court
room. He was nervous and apparenty
uneasy, and seemed to fear that Sheriff
Wade might not be able to do his duty
should an emergency arise.
When the time for arraignment was
reached the prisoner was directed to stand
with right hand uplifted, and this he did
oEly after great effort. He was pale
ana looked as if every friend had for
saken him. Once he managed to lift his
eyes and look at the court, but almost
instantly they dropped and were again fix
ed at some imaginary thing on the floor
Nh, Inc Indictment charging the murder of
Miss Miller was first read, and when
Clerk Turner, in the usual form, asked
what he had to say, the prisoner respond
ed: Not guilty, and desire to be tried by
my county,
Evidence of Feeling.
The detected man was then given a seat
While the clerk made the record in the
case, and then the Indictment chargir g
the murder Of his wife was read When
mis- wife's name, Fannie, was mentioned
the prisoner showed that he was more
q tod low, r,
OF Miss Mlllers name. His nervousness
was more pronounced. and he moved first
one loot and then the other as If he were
getting weaker. A plea similar to the
one IN the former case was entered and
the case was then squarely before the
court states Attorney Poscy announced
that he would be ready to proceed for trial
on Monday. In the meanwhile the prose
cutinB ONO er had asked for the appoint
ment OF assistant counsel, and Colonel L.
A. W Winner was designated to assist him.
MI. John Grason, counsel for the alleged
murderer resisted the motion of the coun-
~ oihcer and asked for a weeks contin-
uance. he spoke of the grave charge
against his client and said that case in
volving so much, a mans life, should not
be tried without giving the prisoner the
iuiieSt opportunity to prepare his defense.
have not had time to prepare the de-
tense, he argued, and 1 also have a case
in Hartford on Monday"
Inc judges held brief consultation, and
lDen Judge Briscoe announced the decision
IN this case" he said, "a murder has
been committed, and, as in all other cases
the court is willing to accommodate coun-
sci on both sides. But this crime was com
united a month ago, and the prisoner has
nad ample time to consult counsel and We
thlnk ne should be ready for trial.
A Removal Ordered.
AT the request of Mr. Grason, the prison.
er was permitted to retire to the cons llta-
ton room with his counsel and his brother,
Mr.. John Cooking. After two hours con-
suitation, the party returned and Lawyer
6rason announced that he would ask for a
postponement of the case for two weeks.
III postponement cannot be had, then he
would have to ask for the removal of tho
case TO another county
Judge Briscoe told him that he had that
right. and an affidavit signed by Cooking
10 the enect that he thought he could not
get a fair trial was presented ITpon this
affidavit the court acted. and ordered the
re moval of the case to ST. Mary's county
where the next term of the court will con-
yene in September
The action of the court N removing the
case to ST. Marys instead of to Baltimore
was much of surprise to counsel for
Cooking as well to Cooking himself The
latter was also surprised when he learned
that the people here thought a change of
venue had been asked for the reason that
he was afraid to stand trial nere This he
denied. and claimed that he only did 50 in
order to gain the time necessary to prepare
his defense
Sheriff Wade said he felt perfectly COM
petent 10 take care of the prisoner. and
took him to the Port Tobacco Jail instead
OF sending him back to Baltimore. When
the court had made the order of removal
citizens generally expressed their ind:gna-
ton at what had been done because of the
expense the change will incur to the coun-
ty. There were some forcible remarks
made which would not have been at all
comforting to the prisoner had they reach
ed his ears
During the day Mr. John Miller, brother
in-law of the prisoner, called at the Jail in
Port Tobacco with the five-year-old son of
Cooking, who saw his father for the FIRST
time since the night of the horrible double
tragedy.