Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1900-03-11
/ GHll6[ I[N04
AFFIDAVI4s FILED yzsTtRDAY
WHICH RESULTED IN THIS ORDER,
BUT COUNTY NOT sELECTKD.
The Defendant ana His CounseI Make
Amdavit That There il An Univer-
sal, Deep-Seated and Intense Pre-
Judice In This County, which Rem
ders a Fair Trial Impossible.

Judice i'm This County, which Rem
ders . Fair Trial Impossible.
In the Circuit Court, Judge Hugus,
yesterday morning, in the case of State
v. w. j. Colts, indicted for forging the
name of j. G. Haberfield on note for
two hundred dollars, counsel for de-
Tense, Col. w.. w. Arnett and M. F..
Dryden, made a formal demurrer to
the Indictment, which was overruled.
They then moved for a change Of
venue, and in support of this motion
submitted the following affidavits by
defendant:
State Of West Virginia, Ohio County,
to wit:
This 10th day of March. A. D. 1900,
W. ]. Colts personally appeared in
open court and made affirmation ac-
cording to law that he is the defend
ant in an indictment charging him
with forgery, an Endorsement croE
the back of promisory lote for 5000
of date, the 9th ds.T of July, 1899,
signed by JohnsC. Haberfeld (as also
with the atteB(pt to utter and attempt
to emplo.~Sthe same as true), now
pending in the Criminal Court of Ohio
County, w. Va.
And affiant further says that he,
knowing it is utterly impossible for
him to obtain in Ohio county, West
Virginia, a fair and impartial trial OF
the said indictment.
Further affiant says that he has
but recently been involved in divers
and sundry litigations with officers of
the city of Wheeling, and the State OF
West Virginia, and divers and sundry
officers of the said ,city, and affiant
still further says that he has recently
conversed with great number of
citizens regarding the opportunity of
the affiant to secure a fair and impair
tial trial, certainly as many as so or
Is residents of this county, and all
with one exception have declared in
unqualified terms that the affiant can
not by any forms known to law OBJ
tain an unprecedented jury in Ohio
county.
And further affiant says that the
litigations in which he was compelled
to engage have become known uni
versally to almost every citizen of the
county through publications in the
several news journals of the city OF
Wheeling, w. Va.
Therefore, the affiant respectfully
prays your honor to give him a change
on venue, and that the cause herein
before described may be transferred
to some other county of the state,
where there may be enjoyed by affiiant
and defendant in his trial the. benefit
of free, fair and unprecedented jury,
and further anliant sayeth not.
Nv. J. COTS"
Following this, Mr.. Dryden submit
tied the following:
This day personally appeared be-
fore me, G. H. Henning, clerk Of the
said criminal court, M. F. Dryden,
who, by me first being duly sworn
says he is one of the counse for the
defendant, w. J. Colts, that the said
Colts has been repeatedly involved in
litigations in said county with divers
citizens therein, and that by reason
thereof, as affiant has ascertained
from divers citizens by conversation
with them, there is in the said county
a deep-seated, intense and universal
prejudice against the said defendant,
and aant has talked with more than
a hundred citizens o'fsaid county, and
without exception each and every one
of said citizens declared their bias and
prejudice against the defendant, and
expressed desire that the defiant
be convicted in this prosecution. Aft
ant further says he belives therefore
that defendant cannot get fair and
impartial trial in said county.
IN F. DRYDEN"
Counsel asked that, in view of the
allegations, the case be certified to an
other county-one outside of this jul
dicial district preferred, as the preju-
dice alleged in this county extended, in
a greater or esser degree, to contigu-
Gus counties A discussion followed,
in the course of which Mr. Myer, the
prosecuting attorney. said he saw no
reason why case should be removed
outside the district. Judge Hugus
granted the prayer, and showed dis
position to leave the case go to Brooke
county, but as to this no decision was
made.