The Marion daily mirror. (Marion, Ohio) 1892-1912, 1909-01-26
Curry's Attorneys want Case
Tried Elsewhere.
SAY PUBLIC PREJUDICED
Publication of Testimony
Harmful to the Defendant
Judge Young Assigns Cases for
Trisl-Mccomb's Suit Against
Reber Being Tried.

The first guns of the Curry MUIR
der trial were sounded in the COM
mon pleas court Monday when Girls
singer and Cutlery, attorneys for
the defense, instructed the court that
a motion wal he fled asking for a
change of venue.
Judge b. G. Young fixed Monday,
February 18th, for the time of argu-
ing the motion. The attorneys for
the defense Will ask for a change OF
venue on the grounds that the evil
dence has been thoroughly published
and thus aroused the ire of the pub.
lie to the extent that the prisoner
cannot receive justice at the hands
of Marion county jury. The mo-
ton Will be filed with in a fow days
In case that he court sustains the
motion, it Is probable that the trial
will be transferred TO Upper San
dusky.
Prosecuting Attorney Charles l..
Justice has been granted the assist
ance of the law firm of Scofeld.
Durfee and Scoheld in the proceeding
Of the all-important case The pros
ecutcr will bepasssted by Attorney
George Sccheld in conducting the ex-
animation of witnesses.
Judge b. G.. Young of the COM
mon pleas court assigned the fol-
lowing cases Monday, to be heard
during the January term OF court
The case of Ochs against Turner will
be heard February 1st; Sargent
against the lincoln Pharmacy cCm-
pany, February 1st; Timberman
against Bishop, February 2nd; Mich
o!s against the Marion Railway Light
and Power company, February 3rd
Davis against the Marion r. j.. and
p. company, February 4th; Berry
against the Ohio Farmers insurance
company, February 9Th; Jones
against the Hooking Valley railway
company, February 10th; Giesy
against Fellmuth, February nth;
DeGolley against Murphy February
nth.
p The case nr Gesy against Fell.
muth VIII be continued until tho
next term of court by request Of at
torncy w. E. Scofeld, who will be
absent from the city at the time set
for the hearing of the case.
The trial Of Charles NIGCombs
against LenOx Reber opened IN the
common pleas court this morning al
3 O'Clock. AICCombs seeks TO re-
cover a years salary of $5S7 which
he alleges Is due him from the de-
fendant The trial is before a jury.
Attorneys Copeland and Bartram. II.
II. HiH represent the plaintlff while
the firm OF .Cr'sslnger and CUTLERY
are attorneys for the defense.
Judge Daniel Babst of the common
pleas court issued an order Monday
In the case Of Henry Setter against
the Marion Manufacturing company.
The order is the beginning Of an inn
portant development in the interest
Ing case.
by order of the court the case is
referred TO the honora1ble Thomas
Beer. of Bucyrus, who is appointed
special master commissioner Mr..
Beer is authorized upon being duly
qualified to proceed to examine and
consider the testimony heretofore
taken and to take and consider ad.
d1ional testimony in writing # need
be- and to report the same to the
court Attached to the report will
be his conclusions of law and the
iacts Involved in the issue of the
case.
IN the somewhat sensational dam
age suit of Charles r. MsCombs
uFr t.a4N