The Big Sandy news. [volume] (Louisa, Ky.) 1885-1929, 1907-07-26

rangement on the part OF the attor-
aeys for the defense and Judge Car
mes that these cases would be trans
ferred to Elliott, where the attendance
Of the witnesses could not be procured
and where the defendant had influen-
tial friends and relatives who could
and would aid them in securing an
acquittal regardless OF the law or the
evidence Ever since the trial OF the
case began we have seer men in high
official position apparently using
every endeayor to aid the defendants
In every conceivable way.
The Court in the first place. over
ruled the motion and application for a
change OF venue which, We think, un-
der all the circumstances should have
js4d granted because the evidence in
our opinion SHOWED a fraudulent col
fusion to transfer the case 10 Elliott
connty, Upon the calling Of the case
OIL the first day of this special term
W. proposed to enter motion TO re-
rlGnd the case to Breathitt county on
he ground that there is now no such
state OF lawlsssness existing there as
would prevent the officers OF the law
from discharglng their duties. or jur-
obs from rendering an impartial YER
diet. and asked the defendants at
torneys to waive the notice. which
they declined 70 do
We. on the same day. had exc
cuied on the defendant notice Of a
motion TO remand to be made 10
cays later. and upon said day and
before the I ial had been entered into.
We filed the notice duly executed and
entered the motion TO remand. and
filed in support OF said motion the
aifidayits Of "a witnesses who were
citizens and residents Of Breathitt
county. among whom We're the Coun-
liy Judge, County Attorney. Jailer and
other county officials. in which they
stated that there was at this time
no such state OF lawlessness existing
in Breathiti county as would prevent
Ciiicers and jurors from the discharge
q their duty and without any show
ibr having been made by the deien-
dauts as 10 why the case should not
be- remanded The Court declined 20
consider said motion or pass upon IL
in any way
WOULD HAVE BEEN A FARCE.
We had a number Of important
witnesses whose attendance could not
be procured at this time on account
81 sickness. without whose evidence
AZ would have been but farce 10
TRY the case before any kind OF jury
aud when the Court decided 10 he
.nrced US TO try the case without our
llmportantw illnesses. We decided that.
Ia Justice to ourselves and the CON-
mouwealth. We should withdraw from
tue prosecution. which We did We
can take the abseft witnesses and
make a strong case against the de-
t,ndant before fair-minded. unbi-
ased jury
i Attorney Byrd gave out the fol-
lowing additional statement
At the time OF the assassination
Of Dr. Cox was Commonwealth
Attorney oftte same judicial dis
lrict Of which Preathitt was nart
Gnd since that time as Common
v,alths Attorney and as an employ
ed counsel have spent the las; five
years in tryingio bring to light The
facts OF this case, and 10 bring to
Justice those who were responsible,
Tor the murder. and after three years
~ labor. aided by the friends and
relatives OF the deceased. we have
occurred sufficient evidence TO pro.
cure a conviction OF the defendant
IL know the importance of the
e, .dence Of each witness sum-
mcued for the commonwealth, and
know that the evidence OF each Of
the absent Witnesses was necessary
and important to complete the chain
81 evidence necessary to TO estab-
lsb the defendants guilt. ! am sur
that the evidence OF these absent
witnesses could have been procured
nv thsaeat term Of Court. This is
the first time that this case has
been called when any trial OF same
vas expected or could have been
bad
CASES LAID OVER
This afternoon the case OF John
abuer. Ebert Hargis aud Bill Brit
ton were laid over until a special
term Of Court. which begins the
fourth Monday in August. as the
states lawyers evin0ed disposition
- wash their hands OF the entire
affair
In defense Of his position Judge
Moody said touight.