Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1909-06-21
CHANGE OF VENUE OUTSIDE OF
DISTRICT SOUGHT BY SALOON
ATTORNEYS.
ALlEeE TtMEs.REPuRLlcAN
HAS INFLUENCED DISTRICT
Motion For Change of Venue Alleges
That Community and Even the Ju-
diciaI District is Aroused Against sa-
Ioons-claim Judges Have Been I'm
duly Influenced and Are Opposed.

Alleging, and at the same time adj
hitting, that this city and county and
even the judicial district are aroused
and prejudiced against the saloon, ana
that the Sunday revival and the Ilmes-
Republican have stirred the public and
even the Judges of the district to open
opposition against the liquor business
the attorneys representing P. e. Gill;
ford. ct al. A. C. Friedrich, ct al, and
Schulz & Wetzstein, ct al, saloon
keepers whom County Attorney j. II.
Eserrnayer is seeking to close and en-
ioin. made their initial stand in de-
tense in the district court this morning
by seeking to secure change of venue
In all three cases. Incidentally, by
their method of procedure the saloon
lists attorneys are seeking delay and
fighting for time.
Claiming in the motion for the
change, which was fled that the pub
lie and bench of this city, county and
the Seventeenth judicial district, in
Guiding the counties of Tama and Ben
ton, are prejudiced and an impartial
trial is impossible, the saloon keepers
counsel seeks to have the cases re-
moved to some other district, the moro
distant removed the better.
Admit T.-R. Influence.
One of the chief contentious in the
motion is that the wide circulation and
the extent to which the Times-R epub-
lican is read has Influenced the public
against the traffic. 1t is alleged in the
petition that this city has been COM
pared in the T.-R. with others which
have no open saloons, in an effort to
show the increased prosperity the no.
saloon towns enjoy. These representa-
tions, it says, are untrue and false
The motion further contends that
during the recent revival meetings the
T.-R. published numerous sayings and
doings of this revival and because of
the general wide circulation of the pa
per in the judicial district the people
have been influenced and have become
biased against the saloonists.
Take Evidence Supporting Claim.
The first evidence taken in support of
the motion followed the opening of the
cases in court this morning. Business
Manager w. P. Hughes, of the T.-R.,
was called to the stand to identify
news stories and editorials which told
of the anti-saloon movement and the
Sunday revival which were published
during the last eight weeks. A great
many of these were identified. and will
later be admitted in evidence Mr..
Hughes was also questioned regarding
the circulation of the paper in this city
and the counties of the judicial district.
Claim Judge is Biased.
The motion alleges directly that
Judge ]. NJ. Parker is biased against
the saloon, and by indirect reference it
claims that Judge c. B. Bradshaw, of
Toledo, the other judge of the district,
does not hold an impartial attitude on
the saloon question.
The allegation is made that Judge
Parker has openly contributed to. rec
ognized and encouraged and assisted
the agitation against the saloon. and
that he has declared himself against
the saloon, also that ne can not render
Justice in the cases.
Give Revival Credit.
The Sunday revival is given due
credit by the saloonists for the agita-
ton and influence it has had against
the saloons. The motion recites how a
huge building was built, and how
meetings were held daily for six weeks,
in addition to many other places thru
out the city,, and that the result has
been that great feeling has been
aroused, which is detrimental to the
saloon interests in the present litiga-
ton, and tends to make an impartial
trial impossible.
The motion, in attempting to show
the influence which has spread from
the meetings, recites how many from
out of the city came on excursion
trains to attend.
Claim Threats in Affidavit.
Affidavits attached to the motions,
which are signed by the saloon owners
involved in the cases, say that threats,
intimidations, coercions, letters, and
newspaper articles and the like have
been circulated and used against the
saloon business, and that the COM
1nunity is divided. That the public
speaker who was here stated publicly
that he would stay here until hell
froze over but that he would close
up all the places engaged in the sa-
:ooo1, business and that thousands Of
people heard him and cheered and
yelled. That the sole and only pur-
pose that fne SAID evangelist was
brought into the community for was
to close the saloons and to help heal
the sore that was political, and is
brought In revenge and is not founded
on morals.
Mr.. Hughes was still on the witness
stand Identifying T.-R. articles when
adjournment was taken at noon 1t is
possible that a ruling on the motion
will not be handed down until Tues
dav or Wednesday,