Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-03-12

Chief Justice Young Of the supreme
court last evening issued q writ OF I
certiorari to the clerk OF court OF
Cavalier county, John 3. Truax, d.
recting that all proceedings in the
case OF the State against William
Barry. charged with murder, be stay
ed until the supreme court revieWsd
the order Of Judge Cowan granting q
change Of venue in the case. The
writ is issued on the application Of
Joseph Cleary, attorney for Barry,
who alleged the Illegally Of the order
for a change Of venue. The proceed
ings In the case are set forth IN the
courts order, which is as follows: ~
State Of North Dakota, in supreme
court, William Barry, plaintiff, vs..
John p. Truax, clerk Of the district
court in and for the county Of Cava-
lier, defendant M ss
III The state OF North Dakota to John
e. Truax, clerk Of the district court in
and for the county Of Cavalier:
Whereas it has been made to. ap-
pear to this court by the affidavit of
Joseph Cleary that there is now pend
Ing in the district court in and for the
county Of Cavalier in the state of
North Dakota a criminal action
against one William Barry who is
charged therein with the. crime Of
murder In the first degree committed
in Cavalier county in and upon one
Andrew Mellem; that the Honorable
w. J. Kneeshaw became disqualified
to act in said case by reason Of al
legged bias and prejudice, and that
Honorable w. s. Lauder. Judge Of
the. Fourth judicial district. of the
state was thereupon requested by
Judge Kneeshaw to act as Judge in
said cause, and did SO act for a time;
but that ever since on or about. Nov
ember 1, 1908, the Honorable John r.
Cowan, Judge Of the Second judicial
district, has continued to act as judge
in said cause at the request, as It is
alleged, OF Judge Kneeshaw, without
the consent and against the objection
and protest Of said William Barry:
that on the 7th day Of March, 1904,
application was made in behalf of the
state of North Dakota to the Honor
able John F. Cowan as judge in said
cause, for an order to change the
place Of trial Of said action from
Cavalier county to some other county
In the state, on the ground that an
impartial trial cannot be had In Cava-
lier county; and that said application
was heard and granted BY his honor,
Judge Cowan, notwit outstanding the
objection and protest Of said William
Barry; and that an order was made
lin said cause on the It'll day Of March
1904, ordering and directing among
other things In substance and effect
that the said action Of the state o1
4 North Dakota against William Barry
be transferred for trial to the county
Of Walsh and that all the papers, files
and records In said cause be certified
and transmitted to the clerk Of the
court Of Walsh county and that the
said William Barry be conveyed and
3 transferred to the custody of The
sherift 4of Walsh county to await trial
of said cause in said county. and thai
the requirements OF said order arr
4 shout to be complied with; that SAID
William Barry Is, and for more thar
twenty years last past has been citi
zen OF the United States and Of thu
state OF North Dakota, and q resi-
dent of the county Of Cavalier: tina
said Barry never In any manner Re
auested or consented to q trial out
3 side of the county 81 Cavalier, but 81
the contrary does and at all time
has objected to q trial in any othe
- n - - " Il 3gS3 - .aA 81 I