Arizona republican., 1901-11-12
UNITED STATES COURT
The Grand Jury ImpaneIed
 Yesterday.
The Indian Yuma Rebellion the Prin- cipal Matter on the Docket-An Order in an Application for a Change of Venue.

| Uuited States dictrict court was topened yesterday and the following grand jury was impaneled: Lincoln Fowler. l.. l.. Plank, H. c. Mcdonald. J. Y. T. Smith. Charles Mullen, John w. Darlington. H. B. St. Clair, C. F. l Leitch. Charles Goldman. F. l..
 Ewing. A. E. Williams. F. w. Thayer. Walter Talbot. II. Goodman.
 Walter Talbot was elected foreman and the jury went into executive ses- sion. No report was submitted. There is not a great deal of business before the court, though there is one case of unusual interest in which several In- dians at Yuma are charged with re- sisting the officers of the Yuma h.
 dian school who had been allowed to cross the river and then refused to go back. When the officers of the school went after them their parents and other relatives interefered and | threatened the authorities with bodily l harm. Colonel John s. Spear, the su- perintendent of the school, and other | officials connected with it are in at | tendance on the court. 1t is not yet
 quite clear what law the Indians have violated though they will probably be
 
 construction Of the Browning rule they
 were not wholly without their rights | in the matter of the resistance. The
 rest of the criminal docket is largely
 made up of cases of persons charged with selling liquor to Indians. There were no trials on the terri 1 torial side. Several cases were set for trial and motions were heard in a few civil matters:
 q ,fI I n rl,e.
 Arizona Waterworks and Sewer com pany, MT. Armstrong, as counsel for | the plaintiff. filed q motion for
 change of venue, supported by his affi- | davit to the effect that Judge Street
 was prejudiced and the plaintiff could
 not, therefore, have a fair trial before l him. The motion was resisted by MT.
 Ainsworth, attorney for the defendant. | on the ground that the statute requires
 such affidavit must be made by the
 party himself. and cannot be made by
 his attorney. Judge Street. in grant ! ing the motion for a change of venue. said: No, I don't care whether the affidavit is made by the party hi:n- i self or his attorney. or whether any affidavit is made; if the parties inter ested will simply intimate to me that they consider that cannot give them | fair trial. that I am biased or pre- | 11ulCeu III l VIII motion for a change of venue. l wouldn't sit on a case where any party
 will intimate to ne that he considers
 me biased or prejudiced, or corrupt in the slightest way.
 ''I care nothing about these things
 myself. I have always felt it was | bad statute. I think 1t is an induce
 ment to perjury; I think it opens the door for abuses. I think the most of
 those cases where changes of venue
 have been asked for before me have
 been for the purposes of delay l ab-
 solutely don't think that there is
 member of this bar-I don't care whether he is a friend of mine or an enemy of mine-but what absolutely 1 feels in his own mind that there is
 nothing by way of prejudice or bias in | favor of somebody, influence by
 any party has in the least affected my | judgment. I don't believe there is one; | there may be. I as well satisfied. as purely conscience free as any man
 that ever sat on the bench. that l | never have made ruling or decided
 motion or rendered a judgment where | there was the slightest bit of feeling in
 it with me; but whenever they will file
 an affidavit, the business of this court l is so strong, so great. so much to at | tend to. it is only a relief to me to get rid of it: and I am perfectly willing | that anybody may take change of
 venue. and am going to grant changes
 of venue whenever they will simply say ! to me I don't want to try the case
 before you: I am afraid of you | wouldn't sit the trial of a mans
 case, either lawyer or litigant. that was | afraid of me. So the change will be
 made without any investigation upon
 my part whether it is right or wrong. ! The supreme court can decide that
 matter, as to whether it is right or
 wrong.
 Change of venue granted to Pima
 county"
 | In the case of Robert Cockburn and
 Jack LeRoy. whose cases had been ap- pealed from the city recorders court
 and whose judgment had been sus- 1 tained, the defendants were ordered to
 pay the fines imposed upon them into | the city court.
 The case of w. A. Burnett. charged
 with obtaining money by false pre- l lenses. was set for trial on November IA. and the case against Juan Alvarez for the same date. Worthy Miller,
 charge with larceny, will be tried on 1 November 1.