The evening world., 1903-03-03
Ex-Justice Fursman, in Arguing
for a Change of Venue, De-
cIares District-Attorney Has
Sought to Arouse Prejudice.
COULDN'T GET A FAIR TRIAL.
Mr.. Osborne combats tho Lawyers
Arguments and Has His Memory
II Prodded by Justice Mccall, Who
Reserves Decision,

= EX-Justice FurSman and Forbes Hen
Messy appeared before Supreme Court
Justice Mccall, to-day, to plead for a
shange of venue for David w. Buckl.n.
Bucklin is under indictment az the
manager of Dick Canfeld's gambling
house at No. s East Forty-fourth street,
where young Reggie Vanderbilt is said
10 have lost $4,000 in q single night at
roulette, and Is under subpoena to ap-
pear and tell about It in Bucklin's trial.
Justice MacLean granted a stay ten
days ago, on the eve OF Bucklin's trial.
Assistant District-Attorneys Osborne
and Sanford were in court to fight the
motion for a change of venue, which
they claim Is another subterfuge to
make their work more difficult.
1t is limited that the change OF venue
expected Is to Saratoga County, where
Garfield literally owns things. his
gambling house in Saratoga Springs be-
ing the life of the place during the sum-
mer months.
Charles L. Hoffman, of counsel for
that he never saw the inside of a pool
room and is not a gambler was a
close listener to the argument.
Fursmnn Flags jerome.
Judge Fursman recited the history of
the case against Bucklin, giving a thrill
Ing account OF the sensational raid on
Caniield's by Inspector ooo n Dis
trict-Attorney Jerome. He told how
the famous peach-blow vase was stolen
and returned by a mysterious, crippled
stranger, Then he paid his compli-
ments TO Jacobs: the wild Meste61
himself with a mustache and the cloth
Ing ola gentleman" and got into Can
Heid's a few nights before the raid
and saw Bucklin experimenting gam
MI. Fursman declared that severa.
witnesses were ready to. testify. the!
were in the house that night n tina,
there was no gambling going on anc
h a Jacobs was not there,
""The Indictment followed" said Mt
Fursman, land on Feb. 10 the District
Attorney got an order from Justice Her.
DICK for a special jury to try gueknr
and an order to try the case Feb: rs
The crier of the court was directed tc
did not answer and the District-Attor'
ney made public announcement that NJ
would have the witnesses who had mol
answered indicted.
Why He Got, p Stay.
Under these conditions we were TO b.
forced TO trial. 30 I secured from Jus,
s q o Mss!s sar 3 sh ssa Ss Of I Rs0f sssors Y snf
Now that stay was absolute and tn.
pourt OF Appeals epealns Of It as a most
criticised Justice MaeLean for granting
lt--aH of which was widely published
sSgsshs sn. VIZ. ~ . s sfs,,s g e v aiissss ; ,sSs,
privately BY he Bistrict-Aftorney tina
taat brace. ga1nes' by which patron,
with the Plstrtct-Attorney were. pub.
iiahed IN which ne said he. had .eyidenct
On which any jury would instantly con,
ytct canfeld and Bucitlin, and finally
the City had conspired to assassinats
IAN this~every step had been taken
md prepare for the prompt conyictior
a Bucllin. The whole theory that 9
man must be considered innocent until
6ds guilt is proven was destroyed"
Osborne Opposes Motion.
Mr., Osbornes argument was brief. II,
Declared that In spite OF all the noise
Bucklin's was only a gambling ase OF
"we are q u gamblers alike. Demo;
fhere is no party feeling aroused against
that the BuekIin case mas passed out, O
The people soon forget
u fyseS0c aEe de ssHFeSa that fn Judge s' Furs'
mans statement that the Court OF Ap.
peals gave inspector Mclaughlin q
htw trial because a change OF VENUE
was denied him was untrue.
81 have n very clear memory re,
esrding that case" said Justice Mccall
nthe Court of Appeals said in granting
Mclaughlin a new trial that the pro
ceedings before Mr.. Justice Ingrahan
was mob law-because he refused Il
hear a motion for a change OF venue
sNAMnl1 VsNtlTs Hnnnr halNnUA no.
could get a fair Jury to try Buckiin II
half an hour" said Mr.. Osborne.
Justice McCaE took the papers FOL
consideration