Lewiston evening teller. [volume] (Lewiston, Idaho) 1903-1911, 1907-09-05
BARROW OPENS
ADAMS CASE
Change Of Venue Point Now
Occupying Attention Of
Court

WALLACE, Idaho. Sept 5.-Mr.
narrow commenced his argument in
,ba Adams case today against the
change of venue today by announce
ment that it was the intention Of the
defense to question the constitutional
,tv of the act under which the applica-
tion was applied for; first, an infringe
ment of the rights of defendant for
trial by jury; second, ex post factor
act. The arguments today directly
concerned the first, the latter will be
taken up tomorrow morning.
1T has been guaranteed every citizen
of the state the right to trial by jury
shall be inviolate," said Mr.. Darrow.
"That right he cannot waive himself
and the legislature cannot infringe up
on it. The argument depends upon a
large extent on what the right to trial
bv Jury means" continued Mr.. Dar-
row. Trial by jury means the de-
fendant shall be tried In the county
and district to get the benefit of good
name and character IL preserved. He
shall be tried in the county and dis
trict where the knowledge the jury
NAV possess of witnesses testifying.
This law was passed for securing con-
yiction, if this act was passed in ma
lice. heat and connivance is valid, then
every man in the state as well as
Adams may be taken to hostile COM
munity and convicted because the
mower of the state and its wealth is
raised against him. Dealing with sec
ond grounds of claim unionists un-
constitutionality bases will be taken
up tomorrow
knight, for the prosecution, criti-
cized Darow's arraignment of the leg
islature and the general defense for
application was technical.
Affidavits to be filed tomorrow by the
dsfense will say that residents Of
Shoshone county for years have con-
versed with a number of residents IA
miliar with the attitude of the people
with said case and affiants are of the
opinion that a fair and impartial jury
could be obtained.
In an affidavit to be filed by the de-
fense tomorrow Steve Adams upon
oath deposes and says ne has read the
application for change of venue by the
prosecuting attorney and states that
it not true as stated that a fair and
impartial jury cannot be procured in
Shoshone county.
Affiant further says he was taken
overland across a great portion of Ida
no by the warden OF the penetentiary
several days and extensive notice was
given in newspapers of the crime of
which the defendant Glands charged;
that interviews were given by public
officials regarding the crime and the
connection of the defendant thereWith,
and that statements by McPharland
to the newspapers contained extensive
accounts; extensive notice was given
of said case connecting the defendant
herewith through the county and not
withstanding all this publication only
three days were consumed in securing
jury.
Shoshone county has a large popula-
ton with 5000 eligible for jury duty.
The members Of the federation eligi-
Die are only small proportion. Dur
ing the empanelling Of the jury Sc
lected in February comparatively lit
Tie attention was given by the news
papers and especially since the mis-
trial in February and March and an
import'al jury can readily be secured.
Further that the application for
change of place was not made In good
1alth, but for delay and continuance
until the officer, and persons in charge
OF the case of state against George
Pettibone could determine upon future
procedure. The affiant further says
the proceedings against him are at
the instance of officers and attorneys
engaged in the prosecution OF Hay
wood, Meyer, Pettibone and Simpkins
and the compensation therefore is
paid by the state and that Henry P.
knight is employed by the state to
assist the leading counsel for the state
against Haywood ana that the report
ed expenditure of 100000, included
the foregoing and other items in con-
nection with the former trial Of this
cause.