The Mena weekly star., 1910-11-10
.FEARSPOLK
 COUNTY JURORS
:, r;tizsus Who Signed Affidavlts ld'a' q p.salf 2, of Railroad Modified v wh., m Stand Judge Grants
 Change of Venue.

,-.otine the monotony oi small
 c'n ,,it court before Judge cowline
 thursday 1l'vr,e afternoon over the t, appllca- an
 iuu' l.a. tor a change of venue of a dam
 uon ss 'SI s',it against the Kansas City
 Ss,,bern SsS railroad that proved quite
 'H' ,H Cook, through his attorneys,
 Allev and E. J. Lundy. has a ',;t against the railroad company for
 sa so'l a0e m for injuries said to have been 's.sived s.' by him by falling through the 'rsp.door '1sD of gravel car
 DI, Last week J. B. McDonoueh' attor-
 nr tre Kansas City Southern, made rs1 an effort to remove the case to I Federal court. This was denied m Judge Steel. Failing in this MT. T ww.nonoueh Thursday made an appli- cation for a change Of venue charging 'S ,Sst inc people of Polk county were u'1 nreiudiced against the railroad be- 'snse of the division removal that a M .',- and impartial trial could not be .ured ' in the county. The affidavit < tbis effect was signed by Fred Dan 's,s M A. Stratton and W. A. J. smith.
 In resisting the application the att
 ,,Dsvs for the plaintiff had these ,hree men summoned and put on the .itness stand. When questioned MT. Dauiels and MT. Stratton modified the .t;dayit to the extent that while there had been considerable felline among the people of Mena, they did not know that it extended among the peo- Ole over the county to such an extent that the railroad could not get a fair trial in the courts before a jury of Polk county citizens.
 When W. A. J. Smith heard that he was going to be called up in court over inc matter he at once phoned the eourt officials to have his name taken of the paper. When placed on the stand he said, in substance. that he did not know there was going to be so much trouble over it. He had just signed because one of Mir. McDon- Oueh's assistants whom he had known all his life had asked him to and he did not think the feeling over the county was so strong that tine railroad company could not get justice here.
 In questioning the witness and in his argument Mir. McDonoueh referred 10 the action brought against the citi- sens of Mena and surrounding coun- try; the mass meeting held where speeches denouncing the officials of the road were made and where funds were subscribed to fight the case, and the articles published in The Star.
 In an effort to prevent his client rom being forced away from home to secure trial of his suit Attorney All ley made a splendid argument. He charged that the statements of the sgnerS of the application for change, when they were placed on the stand. left the affidavits that a fair trial could not be had here entirely unsupported. Admitting that there was a feeling against the road, he denied that it was of such an extent that men who would go in the jury box and qualify !e try the case fairly and then not dc t.
 Taking judicial recognition of the conditions as they had transpired re- sardine the division removal and ex- pressing the opinion that the people oi Polk county would do the right thing, yet Judge Bowling thought that 10 be sure of absolute justice the case should be removed. At times people were unconsciously prejudiced and without realizing it would be biased one way or another.
 The case was sent to Little River county and will come up there at the next term of court, which is in Janu- ary.