The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1896-04-05
ACHANGE FOR ROCKER
HIS NEXT TRIAL WILL BE HELD IN
HAMILTON COUNTY.
Another Heavy Bill Of Costs for Ma
rion County-Murderer ON
the Stand.

A1onzo v. Rocker. who. on the ground OF
insanity, was acquitted in the Marion Grim
inal Court of the brutal murder of his wife,
and who Is to be tried for a murderous at
tack on Emma Pees his wife's companion
on the fatal night, has been granted change
Of venue to Hamilton county This Will
probably mean another expensive bill OF
costs which Marion county must pay.
Judge McCray granted the change yester-
day afternoon In spite of the vigorous pro-
test of the States attorneys. Yesterday
morning had been set aside for argument on
the motion of attorney John o. Spahr for a
change of venue for his client. Attorney
Spahr was prepared with the affidavits of
about fifty citizens who asserted the belief
that Rocker could not be tried impartia,ly in
Marion county. In addition to these affida-
Wits. he had the newspaper criticisms on the
verdict OF the jury which acquitted Rocker
of wife murder and newspaper extract of
a sermon preached by Rev. DR.. Milburn in
which the pastor said some very plain things
about the case. Mr.. Spahr was also prepared
to present the affidavit of his client. The
States attorneys were also ready to pre-
sent counter-affidavfts Of citizens who
thought fair and impartial jury could be
secured in Marion county. Judge McCray
said he did not care to hear argument on
the question, but he would examine the af-
ndavits. Rocker was brought into court and
Prosecutor Wiltsie asked to be allowed 70
put the witness the stand. Rocker had
made sworn statement setting out his be-
lief that he could not be tried fairly in this
county, on account of the prejudice existing
against him. His affidavit was part of the
evidence. and the State held that the court
should allow him to be cross-examined. At
torney Spahr objected to this on the ground
that the records of the court show that
Rocker had entered a plea Of insanity, and
= the prosecutors were permitted to
examine him they would use his
statements against him in the trial of
the case. further, the attorney c0ntended
that no man Is compelled to testify against
himself and to place Rocker on the witness
stand would be to enGanger his constitutional
rights. JudgesMcCray asked for few hours
Time in which to consider the question, and
promised 10 give a decision in the after
noon.
Rocker was brought into court again at
that he was prepared to pass on the case
He said he had examined the affidavits
closely, and he did not think the State had
the right TO examine the accused. Prose-
cutor Wlltsie suggested that he would like
to have Rocker sworn in order to get GER
tain things in the record.
Take the stand Mr.. Rocker. and be
sworn, said the prosecutor. Attorney
Spahr turned to Rocker and then pointed
TO the witness stand. Rocker got up and
walked over to the stand, where he held up
his hand and was sworn. Attorney Spahr
objected to the State interrogating the pris-
oner in any way. and the objection was
sustained. The State took an exception to
the courts ruling which was put into the
record. The contention OF the State was
that since March 2, 1896, Rocker has been
confined in the county Jail, and aside from
reading the newspapers has had no oppor-
tunity of ascertaining whether the public
IS preJudiced against him or not.
Judge McCray then passed on the motion
Tor change of venue. He felt, he said that
the accused man was entitled to change of
venue, and he would send the case to Ham,
ilton county for trial. To this action the
State also took an exception, and thirty
days In which to file a bill was granted
The prosecuting attorneys say that Rocker
will have cost the county between 5000 and
$4,000 by the time his case has been dis
posed OF. Attorney Spahr has promised the
County Commissioners that he will not ask
for assistance in conducting the case