The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-12
ANOTHER JUDGE
WILL BE CALLED in
Cornelius Smith Applied TO Court for a
Change Of Venue.
THAT REQUEST WAS REFUSED
Judge Archibald After Short Cousui-
tation with the Other Judges
Handed Down an Order Setting
Forth That when the Case Is at
Issue for a Trial 1t Will BE Certi-
fed to the Judge Of Some Adjoin-
ing District.

Cornelius Smith made another effort
Saturday to secure change OF venue
for the case of Fellows against smith.
He again failed but was given the
satisfaction of knowing that when the
case comes up for trial an outside
judge will be called to preside in it.
When court opened Saturday morn
ing, with Judges Archibald and Ed
wards on the bench Mr.. Smith walked
in and after writing his name in the
motion book sat down within the bar
enclosure to await his turn.
The list of attorneys who had, by
writing their names in the register,
signified their desire to make motion,
was called over but Mr.. Smiths name
was not called and an examination
of the register afterwards showed that
the judges had scratched it out;
Mr.. Smith was not to be squelched,
however, and when the attorneys had
concluded, he approached the bench
and announced that he desired as one
of the parties in the case, to make a
motion in the Fellows Smith suit.
Judge Archibald told him to proceed
whereupon he presented the follow
ing:
To the Honorable Judges of Said Court:
The petition of Cornelius Smith one of
the above named defendants, on behalf
of the defendants, respectfully repre-.
sents: That a trial according to the due
process of law means trial before an
impartial, unprejudiced and Indifferent
Judge.
TROUBLE BETWEEN THEM.
That owing TO long standing and still
existing trouble of a serious nature be-
tween the petitioner and Hon. r. w.
Archibald. Hon. + w. Gunster and Hon.
II. NJ Edwards, the judges who by law
are required to try this suit, the petition
er has strong reasons for believing and
does firmly believe that the said judges
are strongly prejudiced against him and
| against his interests involved in the is
sue in this case
That although the petitioner as a de-
| fendant IN this case is by law entitled
| to be heard in his defense in said case,
| yet Notwithstanding his lawful right to
be heard as aforesaid, upon his pi e.
senting to the said judges on the 9Th day
| of July, 1897, a motion and affidavit pray
| ing the court to certify the said case to
| another judge for trial, the said Judges
| refused to receive. consider or determine
| the said motion on the ground, so far
| as the petitioner could understand, that
| anything presented to tho said judges
| by the petitioner would not be received
| and therefore the said motion and affi-
davit was handed back to the petitioner
without being received. considered or de-
| termined.
| by reason of the aforesaid prejudice, the
| said judges are disqualified to try this
suit, for the reason that with respect 20
| the petitioner and to his interests in
| volved in the issue I'm said suit, they are
not impartial, unprejudiced ana indiffer-
l a,,A. L.
| lieves that he cannot obtain a fair and
| impartial trial of this suit before the
said judges. The defendant in this case
therefore respectfully prays the court to
| grant a change of venue in said suit TO
some adjoining county, where the cause
| aforesaid does not exist.
| That this application Is not made for
| the purpose of delay.
Cornelius Smith.
THE PETITION AMENDED.
The petition was handed back to Mr..
Smith and he was told he would have
to strike out the clause in which it
was stated that "as far as the petitioner
could understand anything presented
to the said judges by the petitioner
would not be received" The offensive
clause was stricken out by Mr.. Smith
and then the judges told him he would
be heard on the motion.
He made a brief argument for his
petition and Mr.. Newcomb, attorney
for the plaintiff. argued against it.
After a short consultation Judge
Archibald handed down the following
decree:
"When the case is at issue for a trial
on it's merits, II will be certified to the
Judge of some adjoining district for trial
| This will accomplish all that is sought
by the petitioner, without the disadvant-
age arising from a change of venue
With this in view the petition for a
change of venue is refused
When Judge Archibald had finished
reading the decree. Mr.. Smith arose
and said: "Your .Honors, that is salts
factory to me-"