Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, 1909-05-12
INDICTED MEN
TRY TO SECURE
VENUE CHANGE
DEFENDANTS DECLARE THEY
CANNOT GET FAIR TRIAL
SURPRISE is CAUSED BY RE-
QUEST FOR TRANSFER
Motion Is Brought in Late and Coun-
sell Began Reading Documents
In Support of His
Contention
1 YERRING that Judge George R

4 VERRING that Judge George II.
II Davis of department twelve of
IA the superior court is biased and
prejudiced against them to such an
extent that they cannot hope for fair
trial in a court over which he pre-
sides, Thomas H. Broadhead and sam
uel Schenck, indicted former city Of
ficials, demanded yesterday through
their attorneys II. H. Appel and Paul
Schenck, the transfer to another de-
partment of the hearing on the motions
to set aside the indictments in which
they are charged with attempted bri-
berry.
The statement that the defendants
would ask for a change of judges came
from Mr.. Appel shortly after IL o'clock
and created the greatest surprise, COM
ing as it did without any preliminary
indication that such a step would be
taken. Mr.. Appel made the announce
ment at the close of the examination
of ]. E. Fishburn, foreman of the late
grand jury, and almost on the heels
of Mr.. Fishburn's statement in appar-
ent conflict with his testimony Mon
day that the testimony of e. T. Earl
was not considered by the grand jury
when it Investigated the charge en-
braced in the Broadhead indictment.
Change of Venue Asked
The motion for a change of venue
supported by the affidavits of Broad
head and Schenck, was filed with the
court at 2:S0 o'clock, Judge Davis con-
tinuing the new proceeding to 2 o'clock
today in order that the prosecution
may have an opportunity to prepare
counter affidavits.
When Mr.. Fishburn was recalled to
the witness stand yesterday the de-
s., - I, to-. fl,o
position it had gained Monday when
the witness stated that an interview
between Broadhead and Edwin T. Earl
was considered at the time the charge
against Broadhead was being investi-
gated, resumed it's examination on this
line.
After propounding long list of ques-
tions, objections to which were Sus-
tained by the court, Attorney Appel
demanded bluntly:
"Was or was not e. T. Earl wit
ness before tine grand jury on the
charge embtGoed in the indictment
against Broadnead?"
mo" responded Mr.. Fishrburn, pos.
| itively.
"That is ALL" said the attorney.
Mr.. Appel then appealed to the court
for time in which to prepare a motion
for a change of venue and an adjourn
ment was taken until o'clock
Motion Brought in Late
1t was 2:SO o'clock when the motion
and accompanying affidavits were
brought into court. Copies were served
on the prosecution and Mr.. Appel i'm
mediately began reading the docu-
ments.
After alleging bias and prejudice or
the part of Judge Davis the affidavits
of the indicted men state that three
al
in an effort to introduce their evidence
in support of the grounds alleged in
their motions to quash the indictments
and in support of their challenges to
the individual grand jurors; that they
have requested and demanded the
production of evidence, oral and doc
umentary, so as to enable them to in
troduce the same as part of the evil
dence in support of their motions and
challenges, but that the court has re
fused their applications.
Further, they aver, the time of the
hearing has been consumed in pro-
pounding questions to about five wit
nesses, but they have been denied the
right to elicit from these witnesses
facts material to and relating to the
grand jury investigation and to the
motions to set aside, solely on account
they allege, of the bias, prejudice and
preconceived opinion of Judge Davis.
Protest Against Court
The defendants also aver that their
attorneys have not been allowed to call
the courts attention to decisions cited
by the prosecution or to comment upon
them. and that the court has expressed,
in substance, the opinion that II any
thing was irregular in the present pro
ceeding they could have a fair trial,
leading them to believe that Judge
Davis already has formed an opinion
adversely to their interests.
Judge Davis expressed doubt wheth-
er a motion for a change of venue
could be interposed at this time, and
continued the matter to o'clock to-
day.
Clifford C. Doran. j. l.. Snavely. John
J. Seymour and M. ]. McDermott'
members of the late grand jury, were
then examined. Little if any testimony
in support of the defendants motions
to set aside was brought out during
their examination, and the hearing
was continued to $3.50 o'clock today