The sun., 1905-09-07
Asks = Change OF Venue. AIlogins Preju.
dice.

The probability that Abraham H. Hum
mel, who Is under indictment for conspiracy
in connection with the Dodge-Morse di-
vorce case, would be put on trial before
Justice Davy in the Criminal Branch of
the Supreme Court on Sept. ls disappeared
yesterday. when Hummel served MOTTO,
on District Attorney Jerome of a motion
for change Of venue. alleging that he
cannot have fair trial in this county.
The argument over Hummels applica-
ton will come up next Tuesday before
Justice OGorman in Part l. of the Special
sidered likely that the delay will prevent
Hummel's trial before next month.
A book Of l5e pages was necessary to
contain the affidavits and notices Of motion
served upon the District Attorney. 1t
consists largely of reprints from news
papers, of articles bearing upon the divorce
case and Hummel's connection with it.
John D. Lindsay, Of counsel for Hummel,
presents long affidavit recounting the
history Of the case.
From the publicity which has attended
this case for nearly two years." says Mr.
Lindsay, 'and the most prejudicial and
unfair treatment to which the defendant
has been subjected, 1t is obvious that he
cannot have fair and impartial trial in
created against him by the press in this
city, which makes this impossible. and
there are many indications that his guilt
has been already prejudged. For this
reason it Is asked that the trial be removed
to some other CO nty. where the case has
he can be tried fairly and impartially. :"
Mr.. Hummel in his own affidavit. says:
MANY Of the persons connected with
these matters are persons of prominence,
and the case has evidently been considered
by the press to be one OF especial interest
in the practise OF the law in this city for
upward Of twenty-five years and have
been connected with many important cases
which have received attention in the pub
lie press, and l consequently believe that
my own connection with the case has to
some extent contributed to the publicity
which 1t has had.
4As will appear from Mr.. Iindsay's af1l-
davit," continues Mr.. Hummel, my con-
nection with the matters in question has
from the start been set forth in a most un-
favorable light In the papers. the articles
In which must have had strong tendency
to prejudice the public mind against me.
The events leading up to the finding of the
indictments in January. 1905, as set forth
in the press, must have prepared the public
for indictments against me, and at this
date believe that the impression Of my
guilt was very general. This is shown
BY the fact that nearly every step taken
by my counsel in the defense Of these cases
after the finding Of the indictments has been
stigmatized In the press as an effort to Sc
cure delay and postpone the trial.
Such prejudice must have been greatly
strengthened by the declaration OF the
District Attorney In open court on May rs,
1905, that he believed me to he crook, ;
and the statement OF Mr.. Justice Davy
from the bench on July IS. 1905. that he be-
lieved that the evidence submitted to the
Grand Jury In June, 1905, was sufficient
to secure my conviction.
Il believe that II IL manifestly impossi-
BILE that should now secure a fair and i'm
partial trial In this county, and conse-
quently ask that such trial be had in some
other county, where the mind of the public
has not been poisoned against me-.