The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1898-03-30
TO Be TRIED IN HELENA
The State Obtains a Change of
Venue in Riley's Case.
Mr.. CASON'S OBJECTION
Afidavits Pro and Con on the Question
Whether Riley Could Secure a Fair
Trial in Silver Bow County.
h Courts Opinion.

hoiito - AhiiCS vii bt llitu III Titl-
n for the murder of Patrick A. Lar
gey. a change of venue to Lewis and
Clarke county having been granted by
Judge Clancy on the application Of the
state. The matter came up for hearing
yesterday morning and the application
was strongly resisted by u. T. Cason.
counsel for Riley. Mr.. Connolly pre-
sented the 175 afidavits. signed by as
many prominent business and profess
sional men OF Butte. and read some of
them. Mr.. Cason followed by reading
one affidavit. containing 365 signatures.
setting up a belief of the atlantis that
the excitement caused by Largey's
murder had entirely subsidized and that
an unprejudiced and unbiased jury
could be obtained and a fair and inn
partial trial given the defendant. Mr..
Cason sale he had never heard of n
case before where the prosecution asked
for a change OF venue without first hav-
ing made an effort to get a jury. He
also considered IL remarkable that the
state should ask for a change OF venue
IN the ground that the defendant could
not have a fair and impartial trial in
Silver Bow county. The defendant. he
said. was satisfied to be tried here and
he was inclined to rely on the Judgment
OF his counsel rather than on the iudg-
ment of the county attorney. MI. Ca
son cited several California cases in
support of his argument that the state
was not entitled to a change on the
showing made. He believed that a ma
jority of the men who made affidavits
for the state could themselves give the
defendant a fair and impartial trial.
Mr.. Cason referred to his affidavit.
which he said was signed by the "yeo-
many of Butte and said he believed
that IL the population of Silver Bow
county were reduced 500 per cent"
there still could be found a jury from
the remainder To give Riley a fair trial.
He referred to the Durrant and Luet-
CERT cases and concluded that II was
absurd to say that from a population
Of so. 900 or 6 $4,000 a jury could not be OBJ
tanned in Silver Bow county for Riley.
Among the 365 names attached TO Mr..
Cason's affidavit not many are the
names of men generally known I'm the
city. The first signature on IL is that
of Mr.. Cason himself and among the
remaining few who are more or less
known in Butte are $. w. Jackson. X.
NJ. Campbell, w. T. Dair. c. ii. Mayo.
Daniel Mcdonald, Anthony Shovlin. j..
H.. Cabbage, Lawrence Duggan, l.. j.
Stephens, w. A. Shiffelbin, George
Brown. Henry Tiggerman and Charles
Wilson.
Judge ~Stapleton. who appeared as as
sociate counsel for the state. followed
Mr.. Cason, and said nat all of the lat
ter's argument was about as clear and
forcible as his statement that the popu-
lation might he reduced 500 per cent.
and still leave enough people from
which to secure a jury. Mr.. Stapleton
read several decisions of the state SUI
preme court to show that the states
showing was sufficient and that the de-
PENDANTS affidavit should not be con-
sidered at all. as it stated no fact. but
simply expressed an opinion. He said
the states petition and affidavits had
been drawn in accord with the supreme
courts rulings.
Judge Clancy, i'm passing on the mat
ter, said: I'm this case I find that there
is a great deal Of feeling. l have re-
ceived letters myself received one the
other day. There is certainly a great
deal OF feeling and / believe IL YOU
interfere with the trial. judging from
the information / can get in this COM
munity. This Is supported by the LIS
affidavits presented here and they lead
me to believe that I oul grant a
change of venue. l believe | will send
the case to Lewis and Clarke county.
the First judicial district. for the rea-
son that the accommodations there are
better than elsewhere, and il there are
no reasons why I should not do so !
will send the case to the First judicial
district"
There were no objections offered TO
that county n an order for the trans
fer was made, and the setting of the
case for trial here yesterday was vacat-
ed and the witnesses discharged.
Mr.. Cason tool an exception To the
courts decision.
The papers I'm the case will be sent TO
Helena as soon as possible and an ef-
fort will be made to bring ii To an early
trial.