The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-11-16

Continued from Preceding Page:l
of 81 each for their connection with
the case. They witnessed the tar
ring from behind a hedge and were
convicted and fined to prevent them
from refusing to testify against
friends.
Aff1davits were loosened in the cir
cult court here today at the beginning
of the hearing of an application by
Everett c.. Clark, wealthy miller and
foremost citizen of Shady Bend, for a
change of venue in the case in which
he with eight other men is charged
with assault and battery in connec-
ton with the tarring of Miss Mary
Chamberlain last August. Miss Cham
berIain was in court accompanied by
her mother and brother, Manville
Chamberlain She has appeared on
the street here only once since she ar
rived.
to a lonely spot on a country road,
seized by a band of more than dozen
men, her clothes torn off and her body
coated with tar, August z, she has re-
manned in close retirement In. her
remained in the community where she
taught school, and where 1t is said
her popularity with the men caused
Jealous wives and sweethearts to urge
husbands and lovers to inf1fct upon
her the frightful torture which created
a storm of indignation throughout the
state.
seek Statements With Autos.
/ At the opening of court today Coun-
/ ty Attorney McCanless stated he had
more than three hundred afidavits to
/ offer to the court to prove that there
lis no reason why fair trial should
not be given the accused men in this
county. Counsel for the defense be-
gan an attempt to prove by af1dav1ts
| that Clark can not hope for fail
trial in Lincoln county because OF
~
and local gossip. Motor cars loaded
with states attorneys, and Others
bearing Representatives of the de
PENDANTS raced over the county late
| Wednesday and until far into the
night seeking affidavits of citizens con-
corning the existence of prejudice OF
the absence of it.
Lincoln today harbored larger
fair day The tar party" and tbs
sneers it has brought upon the county
! and even upon the state is more thar
| ever the principal topic Of discussion
The prominence of Mr.. Clark, one Of
the wealthiest men in the county, ane
the fact that upon the outcome of hi;
case will depend largely the fate of the
others has conferred most common
upon the Shady Bend miller.
Long Trial May Result
Opinion is divided as to how long /
| would take to obtain a jury in thu
county should the rnOtlOn 1oE d chanS'
of venue be overruled. By recent de
lcision Of the Kansas supreme court
wide latitude is permitted in jury Sc
lection, it being held that a man wh'
has formed an opinion in a case from
reading newspaper reports of it is no
necessarily disqualified to sit on jury
Sentiment in the case Is not who'll.
with Miss Chamberlain. Friends o
Clark and the eight other defendant
i have been very active in creating sym
nathv for the accused men. Judg
Grover has announced his intention 0
holding night sessions
| ReDresenting the defense are Attor
news David Richie and T. c. Millikel
of Salina and John J. McClardy 0
Lincoln 6. w. Hawke, assistant at
; toFney general of Kansas. is assistin
/, the prosecutor
: Clark is quoted as having said h
will spend his entire fortune, If neces
: sary. to avoid Imprisonment.