The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-03-20
COURT DENIES A MOTION
NO CHANGE OF VENUE IN THE
CLEWETvT CASE
1t VIII Be Called for Trial In tho
Ramsey County District Court To-
morrow Morning-The Greater
Part of Yesterday Consumed in
Attorneys Arguments-AMdav
From Prominent Citizens.

| The case of Selma Clewett against
| the House of the Good Shepherd will
| be called for trial in the district court
| Of Ramsey county tomorrow morning.
| Judge Brill denied the motion Of the
plaintiff for change of venue yes
| terday.
| The argument consumed the greater
part of the day. It was opened by
Charles Butts, the attorney for the
| plaintiff. j. D. O'Brien and Moses E.
Clapp replied on the part Of the de-
Tense, after which Mr.. Butts spoke
again. At the conclusion Of his clos
ing speech, Attorney Wedge, his asso-
the motion.
AS already published, the application
for a change of venue was based ON af-
| fidavtts of Selma Clewett, Attorney
Butts and others, declaring their be-
lief that the community in Ramsey
county were prejudiced against the
| plaintiff and in favor Of the House of
the Good Shepherd, and that in con-
sequence fair trial of the case could
not be had in this county.
Mr. Butts asserted that the concert
given at the Peoples church last No
vember ait which Archbishop Ireland
delivered an address extolling the
House Of the Good Shepherd, had done
| much to prejudice the people against
Selma Clewett and her cause.
Mr.. Butts also read extracts from
the reports of the two trials and COM
mentS there on that appeared In
| weekly church paper, which he declared
were calculated to create prejudice
against the plaintiff.
Mr. Butts insisted that Archbishop
Ireland was the real party On interest.
He was the defendant, as his authority
! over the House Of the Good Shepherd
| was conceded. IL
On behalf Of the defendant John L.
OBrien first submitted aff1davits by
number Of we'll known citizens, includ-
Ing Kenneth Clark, Wilbur H. Howard.
'Myron w. Cole, John F. Broderick and
Thomas Quinlan, all agreeing that as
far as they had observed there was no
bias nor prejudice against the plaintiff
in the community, and that no reason
existed why a fair trial Of the case
| could not be had in Ramsey county.
Both Mr. OBrien and Gen. Clapp
secuted the idea that the concert at
the Peoples church created any preju-
dice in the community against Selma
Clewett Her name was not mentioned
upon that occasion, nor was the re-
hottest allusion made to her suit
against the House of the Good Shep-
herd.
Gen. Clapp asserted that it was well
settled that being a Catholic did not
jury to try any case. The statute pro-
vides that a change of venue might be
had only when there is such prejudice
against one Of the parties to the suit
as to prevent a fair and impartial trial.
1t was not apparent in this case that
there is any prejudice against Selma
Clewett.
At the conclusion Of the arguments
Of counsel Judge Brill announced that
he would deny the motion of the plain
tiff for a change Of venue. In the opin-
| ion of the court the plaintiff had failed
| to show that fair trial of the case
| could not be had In Ramsey county.
AS for counsePs severe criticism Of the
comments of the weekly church paper.
which, Mr.. Butts said, was guilty OF
| contempt CT court, Judge Brill remarked
| that the paper referred to did not GO
| to such extremes as certain other
weekly publications that were hostile
| to the defendant. Moreover 1t was not
| shown that the paper in question had
| a sufficient general circulation to affect
| the sentiment of the community.
Referring to the assertions OF Mr..
| Butts regarding the benefit entertain
mert at the Peoples church last De-
! cember Judge Brill remarked that
| since then the plaintiff had gone to
| trial a second time without raising
any objection. andfit vas too late to
| come in at this stage with an obJec-
| ton of such a character.
! The Clewett case is the first on call
| on the jury calendar tomorrow fore
| noon. on Q
tNrr> Nnfn