The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1899-08-26
VENUE ASEREVERSED
By the Supreme Court in Lin
coin VS.. the Territory
EFFECT OF THE DECISION
Will be to Give One Cox a
New Trial.
EFFECT OF THE DECISION

Guthrie, o. r. Aug. 25.-of the opinions
handed down by the supreme court at
the present time probably the most inn
portant Is that In the case OF Lincoln VS..
the Territory Of Oklahoma, from Garfield
county. The proposition involved is the
right OF a defendant in a criminal prose-
cution to a change Of venue or judge upon
making the statutory AFFIDAVIT. In 1887
the supreme court held, with Justice Kea-
ton dissenting, in the case Of Cox VS.. the
United State, that upon an application
for change Of trial judges. the facts and
circumstance showing the prejudice OF
the presiding judge or other grounds for
such change, must be shown by the affi-
davit Of the defendant; and unless fISm
the facts and circumstances stated in such
afildavit 1t reasonably appears that such
bias or prejudice on the part Of the judge
exists the presiding judge may in the ex-
ercise Of his judicial discretion refuse such
application This was laid down as the
law IN the case Of Cox VS.. the United
States and the defendant got four years
sentence in the penitentiary. His attor-
ney, Joseph WHISKY, tried to perfect an ap-
peal 70 the United States circuit court at
St Louis and fled a bond, pending de-
cision OF his rights to such appeal But
the decision in the Lincoln case expressly
reverses the former opinion and renders
the appeal unnecessary, as Cox will have
top be granted a new trial under the lat
Ter holding.
The following opinions were handed
down by the supreme court this morning.:
BY BURNORD, CHIEF JUSTICE.
c. F. wInton ct al VS.. J. w. Myers, APP
peal from probate court Kay county; az
slrmed.
Ed Bridges VS.. D. r. Thomas, error from
probate court Garfield county; affirmed.
NJ. Friedman VS.. Maurice Weisz, error
from probate court Pawnee county; af-
1irmed
John walburn VS.. Territory Of oklaho-
ma, error from district court GARFIELD
county; reversed.
Clark & Courts "a corporation) vs. Greer
county, error from district court Greer
county; affirmed.
A, T. & S. f. Ry. Co. ct al VS.. ]. NJ.
Haynes, county treasurer. ct al, error from
Kay county; affirmed.
John B. Glover VS.. Benjamin F. Swartz.
appeal from Kay county; affirmed.
John C. Foust VS.. Territory Of Oklaho-
ma, error from Garfield county; affirmed
Fred Huston VS.. ]. w. Wynn. error from
probate court Kay county; affirmed.
The Mccormick Harvester Co. VS.. w. H.
Koch and T. ]. Koch, appeal from pro-
bate court Garfield county; reversed and
remanded
BY JUDGE MATEE.
Jonas H. Cook ct al VS.. Emma D. Nc
Cord ct al, error from Logan county; re-
versed.
D. NJ. Goodrich VS.. r. NJ Williamson and
Oklahoma National bank, error from Ok
lahOma county: reversed.
George Poston VS.. G. D. Hewitt and r.
NJ. Digger, partners as Hewitt & Digger,
error from Cleveland county; affirmed.
G. w. Noyes, NJ. S. Norman. ]. NJ. KEN
per and NJ C. Davis, as Noyes, Norman &
Co VS. Kate Dootle, W. W. Wheeler.
Joshua Motler and Frances S. Cameron,
as Tootle. Wheeler & Motter, and Brown
& McFadyen, error from Kay county;
ton to dismiss granted.
BY JUSTICE HAINER.
David 8. Huber VS.. ]. A. and c. c. Zim-
norman. error from bingfsher county;
reversed and rennanded with directions to
sustain the motion for judgment on the
pleadings.
The town OF Norman VS.. NJ. ]. Ince,
error from probate court Of Cleveland
county; affirmed.
Board of county commissioners OF
Woods county VS.. W. z. Oxiey. error from
Woods county; affirmed
Board of county commissioners of
Roger Mills county vs.. SaS ROwden, error
from Roger Mills county; affirmed
Board Of county commissioners of
Roger Mills county VS.. the Hall Litho-
graphing company. error from Riger Mills
county: affirmed.
Board of county commissioners Of
Roger Mills county VS.. Nicholas Sauer
and William Sauer. error from Roger Mills
county: affirmed
BY JUSTICE IRWIN.
Benjamin L. Kirtiey VS.. Mary Dykes,
error from Noble county: reversed in part
and remanded.
PER CURTAIN.
George n. Barnard & Co. vs. Greer
county; affirmed.
A FRIGHTFUL BLUNDER.
Win often cause a horrible Burn, Scald.
Cut or Bruise. Buekleu's Arnica Salve,