The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1907-05-26
Vincent st. John and Associates
Make Sensational Affidavit
for Change of Venue.
IMPLICATE DISTRICT JUDGE
AND SENATOR GEO. NIXON
Arrest and Prosecution De-
cIared to Be Following Out of
Plan Laid by Officers.
Snecial 10 The Tribune.


GOLDFIELD, New, May 25.-Asscrt-
ing that conspiracy exists to railroad
them TO prison and that the Jail in
which they are incarcerated is filthy
place, Vincent ST. John, b. T. Jardine,
Jerry Sexton, Harry Rodgers, Ben DON
nelly, Elmer Vice, and A. B. Johnston,
through counsel. Judge o. \. Hilton,
have demanded change of venue from
the court presided over by Judge Frank
Logan.
The principal affidavit is submitted
by st. John, who AYERS that he and his
co,defendants are confined to Jail on a
charge of murder pursuant to a con-
spiracy on the part of certain mine
owners and other prominent citizens,
and that the conspiracy was conceived
and entered into shortly after the kill
ing of John Silva, who, il is alleged,
was murdered by the defendants at a
secret meeting, at which gathering the
arrest of the defendants, 1t is claimed,
was discussed and agreed upon. 1t is
pointed ont that the defendants arc
members Of the Western Federation of
Miners, " a brotherhood designed to
ameliorate the conditions of the miners
employed In the various mines in the
district, and that the organization is
the exponent of rights and privileges
OF the workingmen and labor generally,
as II understands such rights to be as
against the oppression, incursions and
aggrcsslons OF predatory wealth and
capital as they deem it TO exist on the
part ot said NINE owners.
Nixon Bright In.
At this point Senator George II.
Nixon looms up, it being asserted by
the affiant that Nixon was present at
the secret meeting when the arrest and
Indictment of the defendants was
agreed upon. 1t is asserted that Nixon
counseled that grand jury be called
TO lndlct the defendants and that the
private counsel be employed to prose.
cute the defendants and that Nixon
would pay the expenses OF such private
counsel. 1t is set forth that during
the trial Of the Preston Smith case
Nixon paid, to assist in the prosecution,
b, M. Malone, former District Judge
of Colorado, and it is asserted that
Nixon has instructed Malone to proceed
to the prosecution of ST. John and his
codefendants. Nixon agreeing to pay
the counsel fees. Former Gov. c. s.
Thomas Of Colorado is mentioned as ad-
vlsing the employment Of special couu-
sci, and then comes 3 tremendous sur
prise, the affidavit reading:
THAT on the 18th day OF March,
1907, the said George S. Nixon, b. VI
Malone, Charles $. Thomas and many
other well.known citizens of Goldheld
attended a social function at the home
OF prominent citizen aud resident oil
Goldheld and that the Hon. Frank Ian
gan was present al such meeting,
That the arrest and prosecution OF
/ these defendants, n well as the subject
OF threatening letter alleged 10 have
been sent 10 said District Judge. the
Hon. Frank Logan. was spoken of and
commented upon b. some Of the guests
IN the presence of said Hon. Frank
/ Logan.
." Defendant further says that he has
| good reason To believe and does believe
that al said meeting one of the defend
ants, IN tho presence and hearing OF
sald District Judge and in the case en-
TITLED The State Of Nevada Against
NJ. f. Preston and Joseph Smith. VIZ!
referred to as bad man, and one that
should be put out Of the way.
For these reasons il Is set foth thai
faIr and impartial trial cannot be hai
IN Esmeralda county. before Jude,
Langan, who, it is declared, is pre-
ludlced against the defendants. juror
allen JARVIS made affidavit that Deputy
Sheriff A. A. Jones addressed the iury
IN the Preston Smith murder case in
manner calculated TO prejudice then
against defendants. Deputy Jones make
alhdavit that Jarvis lied. Whether ;
new trial will be granted will be an
nourced Monday morning.