The Farmington times and herald. (Farmington, St. Francois Co., Mo.) 1902-1905, 1903-12-03
McCARVER APPLIES FOR
CHANGE OF VENUE
Seys He Cannot Get an Impartial Trial
in st. Francois County Because
OF prejuce Against Him.
CHANGE OF VENUE IS DENIED
BY Judge Anthony After Hearing les
timony Of Witnesses on
Both Sides.

The defense in the case of the State
of Missouri VS.. o. T. McCarvcr made
its first definite move last week by
asking for II change of venue FROM 81.
Francois county, alleging that the
people would not give McCarver fair
trial on account Of their prejudice
against him. Circuit Judge X. A.
Anthony, after hearing the application
for change of venue read, allotted each
side ten witnesses aud set the hearing
for Monday morning. Long before
the hour for lrinl the court room was
crowded by persons anxious to hear
the testimony and learn the outcome.
Witnesses for the defense we're first
called and testified in substance as
follows:
j. W. Hunt: vote in Pennington,
but live about miles out on the Jack
son road do not think he (McCar-
ycr) could get fair trial in this
county on account of the prejudice
against him and his business, | am
a friend OF McCarvcr. once ran a
saloon in Bonnc Terre.
John Murrill don't believe Nc
Carver could get fair and impartial
trial in this county. The Sheriff told
me he had been over tho county and
the feeling was such that should trial
take place in the court house the pco-
would hang him, | heard Joe Cover,
Ilarvc IIighlcy and John A. Sprott
say they did not think he could get
a fair trial was once in partner
ship with McCarycr in the grain bust
ness.
j. c. Alexander: don't think he
could get a fair tIial. The table topic
Of the county seems to be against him.
They say he drinks, CANDLES and j. an
nlI-around bad man. | am friendly
with McCarycr; he always supported
me when | was n candidate for Office,
except the last time.
n Hewlett prcjudicr is pretty
severe against him don't think lac
can get fair trial, Some ! believe
think he would be convicted in spite
of law and testimony. ! heard one
man say that If lac was on the jury he
would hang McCarvcr. was on the
grand jury that indicted him.
u. l.. Rivers; have never heard
a word against him personally, but
there seems to be feeling among the
people that he is guilty. | don't he
Iicyc jury would go into the jury
box unparalleled.
Robert Tiilman: Under general
conditions think he could not get
fair trial, but think he could under
certain conditions. BY general con
dtions | mean the usual method Of
obtaining jurors.
Mayor George NJ. Wilson There
is very dccp.scalcd feeling against
the defendant. don't think he could
get fair and impartial trial The
prejudice in this community is against
McCarvcr. lie is personally unpop-
uar here.
John Burks: think the feeling is
pretty strong against McCarycr. Yes,
am nephew of one of McCaryer's
attorneys.
Dr. l.. A. Anthony: live in
Esther and have heard some say "hc
Is likely to stretch hemp" II people
here are like they arc out there, |
don't think he could get fair trial,
am brother TO one of the attorneys
for the defense.
j. c. Watson; The subscription
OF the News is about 1900; The Times
had about 1900 subscribers and tbs
Herald about 1900 when they com
bincd, There was some prejudice
against McCarycr before the shooting,
and there is some since. think
there are as many good men in this
county as there arc anywhere. | had
as soon take my chances here as any
where else. 1t is all game of
chance.
The defense here submitted copies
of the Labor Hcrcld, Pennington
Progress and the Pennington News,
allcdging that they contained articles
of an infammatory nature; and then
rested their case with the understand
ing that Judge +. Swink might be
called in il he should return from st
Louis.
The State then introduced its wit
nesses, who testified in substance a
follows:
Dave +. Lndcll: | live in Bonnl
Tcrre and work for the lead company
there. have from 80 to 100 mer
working under me. II there is any
prejudice in Bonnie Tcrrc against Nc
Carver ] do not know of it. | di,
hear one man say "ii he is guilty ht
ought to hang"
George M. Simms: think he cal
get q fair and impartial trial.
there is any prejudice in Bonnc Teri,