The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1907-06-05
Change of Venue
Asked by Counsel
OF Accused Man

MARLINTON. ". Va, June 5.-AlIeg-
ing that ne could not get a fair and
impartial trial in Pocahoutas county,
/ Warwick Ratlim, assauant Of Miss Cna
Bird. requested a change OF venue i'm
mediately after being arraigned here BY
Judge W r. Bennett
Attorney Charles W. Osenton. chief
counsel for the defendant. read a long
petition from the prisoner, and a num-
Der Of affidavits- Several newspaper ar
ucles Tere read as prejudicial TO the
best interests Of the defendant. Mr..
Osenton afterward made an eloquent ap-
peal 10 Judge Bennett for a change in
the place Of trial. giving as his honest
beliet that Rathn could not get justice
IN this county
Prosecuting Attorney Hill said that
the Commonwealth would contest the
motion for change Of venue. and asked
/ leave Of the court 10 be allowed IN ffe
ms answer this morning. The re-
quest was granted. and RstIin was re-
manded 20 await further proceedings
Prisoner Gaunt and Trembling.
-Four hundred or more excited persons
crowded the seats. aisle. and an other
available standing room in the hall o.
justice Heavily shsckIed and trembling
violently, the frightened prisone--psIe-
Sauat. and hoIlow-eyed-was IL into
court. by Sherin J. S. McNeeI
Judge Bennett immediate read the
Indictment and asked whal counsel for
either side had 70 say. Prosecuting At
torney Hill, who is assisted By Attor-
neys McClinuc. Mcneil. and Stephen
son, the latter Of Bath county. Vfr-
| ginia. announced that the State was
! ready foc trial Attorney Osenton then
made a formal motion 10 quLsh the in
I dictment This was forth gith over
ruled by Judge Bennett Senator Oseu-
ton said he mad a petition from the
prisoner, backed I'D by afddavits and
exhibits, which he would read. More
than an hour was consumed IN reading
the several documents. In his petition.
Ratlin said that he is a farmer. thirty
flve years old, with but few, If any.
/ friends IN MarlintOn. He averred that
his limited number OF friends were OF
the working class, and without in-iu-
| ence or wealth
Newspaper Accounts Read.
Contrasting Squire" Uriah Bird,
father Of the assaulted girl, with him
/ self. RatliH said that the former had
vast political influence. thousands OF
friends. and unlimited wealth. he
| credited Squire" Bird with being the
I most popular man ir this section Of the
State, and ADDED shat the fact Of the
girls father being a deacon Of one Of
[ the largest churches here would Oper-
! ate most materially 10 the defendants
detrimert
Mr. Osenton' then took uD the news
paper accounts, and each was read from
headline TO the last period He said
these had been read universally by clti-
zens throughout the county, who had
made up their minds as 70 the guilt OF
the accused. and therefore could not be
trusted with the life Of his client
-AffidaviJs from several persons who
swore 20 the fact that sentiment was
mCsJ prcnOunCedly against Ratlin were
read. one Of them contained infoCma-
ton that a man on train said: IL
RatliH Is acquitted. the mob viii not
only lynch him. but the judge and jury.
too Mr. OscntOn declared he was not
sparrlng Tor time nor seeking useless
delay. but that he really believed as a
lawyer whose sworn duty is 10 safe
guard the life and interest Of his client
under all clrcums Jances and conditions.
tnat a serious injustice would be done
the defendant If RatlIf were compelled
10 90 10 trial IN Pocahontas county.
0sentOn's Appeal.
I challenge the right OF any man IN
this or any other land 70 say that he
has a higher regard for the chastity OF
women. the sancuty of the home, and
purity OF the hearthstOne than T. said
Senator Osenton in a most eloquent tone.
I have pronounced and unshakable
views on crime Of this character, but
/ do not care TO state them in court
What I 90 say is that under the con-
SUtutiOn or this State, this man IS en-
titled TO fair and impartial trial at
the hands OF a jury OF his peers. un-
biased. unpreiudiced, and of open minds
I believe this man to be innocent OF
the crime Of which he stands charged
and that he can establish his innocence
in a fair and impartial commonwealth
IN the name OF justice and all that IS
fair and honorable / ask that the court
do not compel this defendant 10 go on
trial for his life in a community where
citizens. without a knowledge Of the