Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1904-03-12
CERTIORARI In BARRY CASE.
Supreme Court issues Writ of ,Certiorari in
Berry Case and Change Of Venue
Comes Up for Review.

country than Cavalier county; that !
the next regular term Of the district
court in and for Walsh county will
convene at Grafton on the 18th day
Of March, 1904, and that 1t is intended
by the prosecution that said cause
against William Barry shall be tried
at said term lin Walsh county; that
notwithstanding that said Barry pro-
duced proof that he is without means
sufficient to enable him to prepare
for trial, and procure witnesses and
evidence essential to his defense yet
no provision was made, in said order
therefor; and u.s.. - ~.
7 Whereas 1t Is alleged in behalf Of
the plaintiff that said order changing
the place of trial of said action was
and is void and without Jurisdiction
or authority IN this; that Judge Cow
IL an never had any. authority to act
as Judge in said cause; that the court
was and Is without any right, power
or authority to deprive the said Will
liam Barry Of his constitutional right
to trial by jury in Cavalier county,
without the defendants consent; that
the order is erroneous becauses 1t
fails to make adequate or any provis-
ion TO- enable the defendant to pre-
pare for trial and procure and pro-
duce evidence in his defense;, and
Whereas it appears to the court
that there is no appeal from said
order, and no other speedy and ade-
quate remedy provided by law ..
Now Therefore to the end that this
court may be fully informed with re-
spect to the matters and things so
alleged and may review the same,
and make such disposition in refer
ence thereto as law, sand justice may
require these presents are to COM
mand you the said, defendant to make
and return and fully, and truly certify
to this court and annex to this writ
a full and true transcript Of the rec
ords and proceedings Of the district
court of Cavalier county in said Grim
1inal action Of the state Of North 1Da-
| kota against William Barry so far as
the same are material to the mat
tiers and things alleged and COM
planned Of by. the plaintiff as herein
set forth and you are especially re-
quired to 50 certify and return with
respect to the following matters and
things in said cause, to-wit: &=.
| 1. = The fling OF the information
and q copy thereof to be transmitted;
The araignment and plea of the
defendant. s'a$ Ii
8. The application and order FOL
another judge TO- act Ia said canse in
place Of Judge Kneeshaw, also al
proceedings pursuant thereto;
4 4. Also all papers, records and
proceedings in relation to the mo
ton by the state for change Of ven.
ne. ,:S.55S ''S' z's& $500 ..',s1@.. r
And the aforesaid return to this
writ you will file IN this court on OF
i before the opening Of the next tern
Eof this court at Fargo, Cass county
j N. D.. on the 22d day Of March A. D
! 1904. at ten O'Clock a. m. =. ~ a IS.
It is ordered that all proceeding!
i pursuant, to said order for change o
u venue be, and the same are hereb,
stayed and restrained until the hna
q determination Of the matters involvet
1 In this proceeding. 81. s
Witness the Honorable N. q. Young
]. chief justice OF the supreme court Q
]. the state Of North Dakota, and tn,
seal Of the supreme court at Bis
lmarck. N. d. this 18th day Of March
\, a. D. 1904. \; s,Esss 81
r. D. HosKINs. Clerk
Let this writ be served on tn,
y states attorney Of Cavalier county, a
], well as the defendant herein.