The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-03-08
NATION DAY IN COURT
Long Expected Trial to Begin
This Morning,
CHANGE OF VENUE REFUSED
Judge Dale Makes Some
CauStic Remarks TO Defense

AT o'clock this morning the caseb of
the state against Mrs. Carrie Nation,
Lucy Without. Julia Evans and Lydia
Muntz, charged with malicious desruc-
ton Of property. will be called in the dis
trict court and the great legal battle
which has been patiently awaited and
the outcome Of which is anxiously looked
for. wiz begin.
It IS not probable that Mrs. Nation
will be present in court, since a telegram
to her attorneys last night stated that she
was unable to procure bonds and conse-
Quently may not come. But her absence
will not deter the the progress of the
case. Just what move the attorneys Tor
the defense viii next make, is not known.
It is possible that they may request a
continuance. but it is not likely. The de-
tense has not summoned single witness
for its side, and just what this means, is
not known.
1t is more than likely that special
venire VIII have to be drawn to try the
case. Today viii probably be taken up
with the selection of a jury. The case
itself. will not take long to try.
David Nation, the husband of Carrie
Nation, arrived last night from Medicine
Lodge, and IS stopping with friends in
this city. He will remain here during the
progress of the trial of his wife.
AS stated above the four women will
be tried together upon the charge Of
malicious destruction of property, but in
addition to this, Mrs. Nation will have to
stand trial upon the charge of malicious
trespass, and as there is a warrant out
for her arrest upon the charge of not,
this may also be presented against her.
As the first two charges are misdemean-
ors, the accused is not obliged to appear
personally in court for the hearing. But
she will have to appear should she be
found guilty Of the charge Her failure
to appear for sentence under these cir
cumstances viii cause her bond to be
forfeited. Attorneys say that the fact
that she is confined in the jail at Topeka
viii not enter into the case since the
court is not supposed to pursue her, but
she is obliged to be here on the day Of
sentence.
The motion for a change of venue was
refused by Judge ale yesterday and the
court took advantage of the occasion to
administer a scathing rebuke to the de-
tense. The courts reason for not grant
ing a change of venue. was fully de-
tailed at great length. His honor review
ed the case since Mrs. Nations first ar
rest in the city and showed that he had
IN, "
circumstances.
In conclusion Judge Dale sad: ST do
not expect to allow the time Of this court
to be wasted by listening to so-caned
arguments in favor of frivolous and non
sensical propositions. And I do not be-
lieve that It is a cause for a change Of !
venue and that the judge, in the trial
OF q civil or criminal case, has a fixed /
opinion of the law governing the case, (
and that by reason of some motion hav-
ing been fled in the case previous to the /
trial that compels him to announce said /
opinion, that such an announcement /
should be cause for change Of venue.
Il realize that the attorneys frequently /
desire to gain some notoriety by lengthy .
arguments on all conceivable questions /
in the trial of a case, and the fewer cases
an attorne whas, it usually follows that /
more of an attempt is made to gain some I
free advertising through the press. by talk
ing up as much of the time Of the court /
as possible in simple matters that can.
or try to be- worked nto the case. And
I further realize the case with which af-
idavits are drawn for changes of venue,
and the readiness of defenders to sign
the same, that might cause delay or ex-
pense. in the trial of the case. and that
in this case the defendants would be
easily induced TO sign such afidavits be-
cause of the fact that the court, on the
motion fled by their attorneys. has taken
a different view of the law than their
counsel
while I might, II I were to cos-.llt
my personal feelings in regard to the
matter, be glad to get rid Of the trial of
any criminal or civil case, yet my duty
as a sworn officer of the law. in the in
terest not only OF justice to the defend
ants. but TO the people Of Sedgwick coun-
ty. requires me to hold this case for trial
in this county, which intend TO do. and
this case viii be tried the same as any
other case
After the motion had been disposed of
by the court Judge Ray took exception
to the language Of the court and insisted
upon arguing the motion for a change Of
venue.
Judge Dale informed him that it was no
time to argue case after it had been
decided and as IA ras the exceptions, he
would see that they were all entered as
had been requested.
Judge Dale. then, without listening TO
further talk upon the matter, ordered the
- ~ he $40 araLnst Buns nracacl