The Montgomery advertiser., 1903-11-29
ASKS CHANGE OF VENUE
HARRY NEWTON ALLEGES
 ANIMOSITY IN ELM0RE.
His Trial Will Take Place at spe- cial Term of Court in January.
 Arraigned at Wetumpka.

Wetumpka. Nov 8.-(Special. .)-For the murder of Samuel Lacy in October Harry Newton was this afternoon arraigned be- fore Judge John G. Winter. The triai will take place at a special term or cour' | in January, when the counsel of the de- fendant will attempt to secure change of venue.
 Before the arraignment of Newton, his counsel filed a motion that the defendant was not ready for trial. In the motion | it was alleged that the cause was not pending when Judge Winter called the adjourned term of court and that there was no indictment. Before the indict- ment was read to the defendant, the lat ter's counsel urged that it was invalid Tn form. This wAs overruled. Newton was motionless when the indictment was read and to the court returned a plea of not guilty. Defendants counsel then present. ed petition from Newton for change of venue.
 It was averred that in the court of El- more County Newton could not reason ably expect a fair and impartial trial and assigned the causes to public sentiment and prejudice. It was charged that threats of lynching had been made and that officials of Fillmore County in animos- ity would exert influence in having New ton convicted. The defendant, 1t alleged, could not expect an impartial jury from Elmore County.
 The defendants counsel averred that they had not had opportunity to prepare a full application for change of venue and Judge Winter announced that he would hear the application the first week of the special January term of court.
 Counsel for the defendant also an- nounced that they would submit petition of habeas corpus to secure bail for de- xxyllI ho hea rd week
 Solicitor Tate has secured the services of several attorneys to aid in the prosecu- ton and Newton is ably defended by prominent attorneys.
 To a representative of The Advertiser Newton was yesterday non-committai in questions which directly appertained to the crime with which he is indicted. He declared that he would make no state ment until he was accordingly advised by his attorneys and in a calm manner with words free of villification he refuted the reports that are being circulated in FL more County concerning his character and relative to the interviews he is alleged to have given to several persons.
 Reliable persons have said that Newton made boasts of having killed five men. They say also that he has threatened to kill several citizens of Wetumpka includ- ing Sheriff w. O. Robbins and the jailer,
 
 These reports have had wide circulation in Wetumpka but in an indirect manner Newton yesterday discredited them.
 Newton is a man of medium stature. His hair is rather dark and he has a blonde mustache, and small, penetrating eyes. He talks in a moderate tone He speaks intelligently and il: many respects outwardly Is gcnteel.
 In conversation with The Advertiser s representative the alleged murderer did not resort to blasphemy and villihcation as has been said is characteristic of him. He discredited some of the statements made in press specials and slightly abused one or two State papers which he said in jected partiality into the accounts of the Lacy murder and his capture.
 He emphatically refused to talk direct ly concerning the charge he will answer in court. With much less the concern manifested by other prisoners on com- paratively minor charges he talks of va rious subjects apparently unmindful of his future doom or liberation. Will R. Hamilton.