The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1909-11-09
Moorhead Department
ARGUE MOTION FOR
CHANGE OF VENUE
ATTORNEYS FOR DEFENSE
CLAIM THAT LuRlD pEscRIP-
TONS OF MURDER IN NEWS
PAPERS WILL HAVE AN AFFECT
ON THE TRIAL HERE.

Still another adjournment of the
consideration Of the motion, by the
defense. in the matter of a change
of venue in the Frank Kethman case
was taken today, this time until to-
morrow morning at . o'clock when
further affidavits may be presented by
the defense If 1t so desires.
In closing the proceedings for today
Judge Taylor intimated that after the
proceedings tomorrow morning, he
would file his decision as to the mo-
ton some time during the day or at
the opening of the court, Thursday
morning. The court also hoped that by
that time, IL he should deny the mo-
ton, the attorneys would be able to
say definitely when the trial of the
defendant should begin. 1t must be
soon IL he was to try 1t.
The arguments on the motion for
change of venue made several days
ago were opened this morning by At
torney w. II. Barnett with whom is
associated Attorney c. A. Nye for the
defense. Mr.. Barnett read a number
of affidavits, most of which were in
general form, but rs desired first to
read one made by his associate Mr..
Nye, which related the difficulty of the
defendant securing fair and impartial
trial in Clay county on account of the
opinions which had been formed. One
by c. G. Nelson and one by the at
torney himself were also read
Proceeding Mr. Barnett said he de-
sired to cab the attention of the court
to reports of the killing of DR. Egge,
in a Fargo morning paper and the ex-
citable nature of them, but he had not
more than lifted up the pagers which
he was going to exhibit to the court
before Attorney Smith of the attorney
generals office, who is assisting in the
prosecution, objected to the introduc-
ton of newspaper reports and moved
that they be stricken from the record
on the ground that they were not ma
terial evidence in the consideration
of a change of venue
The court allowed Mr.. Barnett to
proceed for the present and he did so
heading number of sensational head
lines which appeared in the Fargo
morning paper. He said that there
were eighty-one newspapers OF the
county and adjoining city of Fargo, all
containing more or less lurid reports
of the murder and he proceedings
which followed until the committal
of Kethman on the final hearing.
Continuing Mr.. Barnett briefly ar
gued in support of contention, that |
the defendant, in view of the geenral |
opinions which have been expressed, |
could not be given a fair and i'm |
partial trial in this county.
IohnsonSs ArounneTta
County Attorney Johnson, following,
presented a number Of affidavfts In /
contra. He stated that the affidavits |
introduced by the defense had been |
gathered over territory of fifteen
precincts out Of the forty or more in
the county. On the other hand the
state presented affidavits from over a
territory of twenty three precincts He
cited among the affiants, Geo. e. Per-
ley and City Attorney Witherow, who
expressed themselves that there exist
ed no more feeling or prejudice in this
county than in any of the counties
contiguous.
In his argument for the state Attor-
ney Smith said for a change of venue
there must be showing of facts and
and in the case at bar
il was necessary to decipher how much
conclusion and now much facts and
evidence was contained In the mass OF
affidavits presented. He dwelt on the
value of the stock form of affidavits
and how easy it was to secure them
and signatures to petitions-the court,
however, would weigh their value.
Barnett Closed.
In closing the arguments Attorney
Barnett reviewed the affidavits pre-
sented by the state and especially
criticized That Of City Attorney With
crow of Moorhead, who virtually ar
rested the defendant and before whom
was had the preliminary hearing and
by whom the defendant was commit
ted for trial. Certainly there were con-
illusions there. Other af1davits were
also closely analysed by Mr. Barnett
and in closing brief remarks as to tne
OF the side for the de-
tense he believed that in the discre-
ton of the court their motion should
De granted.
After conferences between the at
.orneys and court on the matter Of de-
all referring to the proceedings to- (
morrow, Judge Taylor said the mat
.er was adjourned until tomorrow
morning and that further affldayits to I
De filed must be sent In today or be-
IL -.