The daily star-mirror. (Moscow, Idaho) 1911-1939, 1912-11-01


by virtue thereof attorney for the
lplaintiff in the above-entitled action,
and in open Court applies to the
above-entitIed Court for a change of
VENUE in the above-entitled cause, and
a removal of said cause for trial to the
County OF Shoshone, State of Idaho,
upon the grounds and for the follow
ing reasons.
Local prejudice existing in the
County of Latah, State of Idaho
against the said plaintiff in the above
entitled action, and in favor of the
defendant. to such an extent that the
State can not obtain a fair and inn
partial trial and can not obtain a fair
and impartial jury
THAT the newspapers within the
County of Latah, State of Idaho, and
elsewhere, circulating within the
County of Latah, State of Idaho, have
extensively published the proceedings
of the above-entitled cause, and that
such newspaper publications have
been so written that they were unduly
favorable to the defendant and preju
dicial to the plaintiff.
Ill.
That at the November, 1911, term |
of the above entitled Court the defend |
ant was tried upon the charge of falsi- |
fication of corporate books, which |
charge was and is related to the en-
bezzlement charge referred to aud al
legged in the information on file in the
above entitled cause, and it was i'm
possible ut said trial to obtain jury
said cause, and by reason thereof the
plaintiff was unable to obtain a fair
and impartial trial.
This application is made and based
upon the affidavits hereto attached,
and made part hereof. and upon
such other and additional affidavits
and documents as will be served, filed
and read upon the argument of this
application.
Whereas, and etc. {
(SignedD George w. Suppiger,
Attorney in and for the :,
County of Latah, State of Idaho, and
by virtue thereof Attorney for
Plaintiff"
Attached to the above motion isl
N affidavit, part of which is as fol-
ows:
George w. Suppiger, being first c
uly sworn, upon oath says: That he
the Prosecuting Attorney within n
nd for the County of Latah, State OF S
1aho, and has been such attorney c
nee the information in the above :
ntitled cause was filed and since the
lid action was instituted against o
lie above-named defendant. That he =
also resident of the County of .
atah, State of Idaho, and a taxpayer q,
lerein. That ne was the Prosecuting W
ttorney for Latah County, State of b'
laho, at the November, 1911. term Z,
the above-entitled Court, when the
sfendant Z. S. G. Evans was tried Fl
BON a charge of Justification of the C
,rporate books of the Farmers Bank -
lC trust Company, cOIpOIdtioH, I'll
Id which is the same corporation tn
ereinafter mentioned and referred al
by that name. That the affiant has ~
ason to believe and does believe sc
at the plaintiff can not obtain hi
ir and impartial trial within the 81
,unty of Latah State of Idaho, in n, !"
is cause, on account of the local in
ejudice existing in said county in du
vor of the said defendant and 10
ainst the plaintiff in this cause" ns
d etc. so
'Affiant therefore most respectfully
avs for the removal Of the above
titled cause from the County of La
/, State of Idaho, to the County of
oshone State of Idaho. Sal
George w. Suppiger. aft
Subscribed and sworn to before the