Bisbee daily review., 1907-06-28
CHANGE IF VENUE IS REFUSED TO
 TICKETS
Justice Gder Denies Motion in Strong Terms = Business Men Resent Allegations Against Community.

When the case of the Territory vs. the union pickets was called for trial in Justice Grier's court st Lowell yes terday morning, a motion was at once made by the defense for change of venue, alleging bias and prejudice on the part of the court, and to sustain the motion affidayits signed by the five defendants were filed. The filing of the affidavits led to a warm dis cussion, not only between opposing counsel, but between the court and counsel for the defense.
 The case was called shortly after 9 o'clock, Assistant District Attorney Strickler and Attorneys Neale and Sutter. representing the Territory. while Attorneys Cleary and Kearney appeared for the defense. As soon as the court was called to order Cieary made a motion on behalf of the de fendant c. O. White, who is being tried first, for change of venue, sub hitting two affidavits, in which alleged grounds for the request were con tained.
 One of the affidavits was signed by l.. c. Shields and c. w. Cooper, and the other by R. Arndt, c. o. White and James Manning, all five of the men now under arrest charged with unlaw- fully assembling on the property of the railway company, and intimidating men arriving in the district for the purpose of going to work. In the af- fidavits it is alleged that the petition CTS for the change of venue could not have a fair and impartial trial before Judge R. s. Grier owing to prejudice and bias on his part. It was further requested that the case should not be sent to Bisbee precinct, alleging a like bias and prejudice on the part of the local justices.
 When the reading of the affidavit was completed. a lengthy argument was indulged in, counsel for the Ter ritory vigorously opposing the motion. Neale and Sutter spoke for the Terri tory and Cleary and Kearney for the defense The latter availed himself of the onDortunitv to abuse the officers of Lowell and Bisbee. the business men of Lowell and the press of the district.
 After listening to the arguments of opposing counsel. Justice Grier took g hand~in the discussion, and in no un- certain terms made it very plain that he resented the insinuations cast uncn himself by the petitioners for change of venue, and ststed that he knew personally that the allegations
 tained in the affidayits were false and malicious, and on these grounds change of venue.
 t;.,,a ,.aaae.- ra T~,, utes was ordered to give the defense time to decide on course of action, and when the court reconvened, Cleary. for the defense. asked for a jury trial, which was ordered.
 uere again another wrangle took place between opposing counsel. the a+tornavs for the Territory attacking the fitness of Constable Gray of Lo we'll to select the jury, while the de fense objected to any of the other of ficers of that precinct acting in the canacitv. Justice Grier again took ? hand in the proceedings, stating that if Sheriff Jack White was in the city he would place the selection of : venire in his hands. It was learned that the sheriff had gone to his head quarters in Tombstone, and opposing counsel finally agreed on Deputy Sher- if Bill White as the man to empanel the jury.
 The case was then set for trial at 8:30 o'clock this morning, and will he heard in the Brophy building on Main street, Lowell, owing to the limited capacity of Justice Grier's court room.
 Shortly after the conclusion of the session, c. N. McKean. president of the Lowell Town Improvement Asso- citation was seen by a Review reporter and asked concerning allegations which have been made about the or. ganization of which he is the head, and in reply he stated:
 T want to resent in the most force ful manner the allegations made to the effect that our organization Is vigil ance committee, and the insinuation l that it is made up of number of law less cutthroats, murderers and assas- sins. We exercised our constitutional privilege of forming a business mems organization for the benefit of our com munity. to improve it in every way possible. commercially, morally and every other way, and we will uphold tdW anu Oi0C4 dl any SOSS WhCh Ae As necessary.
 The report which has been spread broadcast over the territory to the effect that our community is infested hv cut-throats and murderers, I be | iieye to be the product of a disorderet brain. and that the report was sent oui with malicious intent to still further hurt 8 community, which everyone knows has suffered immeasurably or srcount of the morbid greed of a few men with personal grievance to ex tract an initiation fee from working men and make them join an organiza ton which repulsive to them.
 Although we have sat by and seer our business hurt by crowd of ire sponsible agitators who have not tho slightest property interest in the dis trict. have yet to hear of the slight est violence being offered to these agi tators, which fact I think sufficient, shows that all visions of violence ar, the result of very nervous tempora ment on the part of those making thu allegations.
 Instead of being the objects G abuse such as this, believe the bust ness men of Lowell should receive fh. commendation of everyone for the Inv abiding disposition which they hay. shown, and win continue to display, il not adopting forcible measures 70 ] wards these disturbers of the peace o the community"
 following the Texas or Galveston pIar