Evening star., 1909-04-24
DOWNS TRIAL SET FOR MAY II
FORMER BALTIMORE CLERK
PLEADS NOT GUILTY.
Judge Refuses Change Of Venue.
Believes It Easier to Find Unpre-
JUDGED People There.

BALTIMORE, April 24.-The trial of
William F. Downs on three of the thirty
five indictments charging him with the
larceny of money from the city while
he was stock clerk in the city register 5
office, was yesterday set for Monday, May
IL The date was decided upon after
Downs had pleaded not guilty in the GRIM
inal court to each of the thirty-five in
dictments and Judge Elliott had refused
the application Of Harry B. Wolf coun-
sci for Downs, to send the case to an
other jurisdiction for trial.
The decision of States Attorney Owens
to have Downs plead to the indictments
yesterday came as a general surprise, as
no intimation of hts intention in this re-
.Spect was given out until yesterday morn
ing.
Downs entered the courtroom with
his father. He was dressed in a black
suit. with d black striped fancy vest.
black necktie and patent leather shoes.
During the reading of the indictments by
Court Clerk Mckindless he stood cool and
unmoved and pleaded not guilty in firm
voice. AT times during the reading of the
charges against him he gazed about the
courtroom. as If seeking some familiar
face in the crowd.
After Mr. McKindless had read a num-
her of the indictments separately and
Downs had pleaded to each, the remain
ing indictments. at the suggestion of
Judge Elicit. were all read before Downs
was called on to plead to them. In re-
ply to Judge Elliott's question Downs
said he pleaded not guilty to each indict-
ment.
Strong Plea for Change Of Venue.
Mr. Wolf raised the question as to
whether or not it would be proper for him
to move for change of venue before or
after Downs had pleaded. but States At
torney Owens assured him that he would
make no point on that.
strong plea for a change of venue was
made by Mr. Wolf. who contended that
Downs could not get a fair and impart ial
trial in Baltimore, and filed eighteen af-
fidavits in support of what he said. One
of these affidavits was made by Downs,
who declared in it that he is regarded in
this city with intense prejudice and Bit
ter feeling. Newspaper accounts of the
case. it also contended had iniiamed pub
lie opinion against Downs.
The other affidavits filed were made by
Messrs. Thomas G. Weeks. James T'iuegel,
William Purnen Hall. William Pinkney
Whyte jr. Benjamin l.. Freeny. Herman
I. w. Henmiller and j. Charles Roemer,
lawyers: John p. Turner, Francis II.
Deane. Clarence NJ. Purdy, William Oscar
Anderson William +. Hampe and Walter
T. duncan, newspaper illtH, EidItlS II.
Warns George f. Staylor and William
George Rusk, butchers, and Oliver p.
Roberts. car conductor.
Application Refused.
Mr. Wolf also submitted number of
newspaper accounts of the case in sup
port of his contention that there is a gem
eral prejudice against Downs in the city.
The affidavits and newspaper accounts.
Mr.. Welt contended, furnished the strong
est possible ground for removing the case.
He asked that it be sent to any county
except Baltimore county, which, he said,
was objectionable because of it's close
proximity TO the city.
In refusing Mr. VOLTS application Judge
Elliott said he thought it would be as easy
or easier 10 lind people in Baltimore who
had not been influenced by newspaper ac-
counts of the case ii would be. in any
of the counties. Il would hate to ac-
knowledge" he went on, that there
could not be found in this city men who
could not give a fair and impartial trial
to the accused"