Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1912-10-06
NpDGE BRTCKENRIDGE OVER
RULED APPLICATION FOR \
CHANGE OF VENUE.
first HON0RS TO MALLOY
HIS VICTORY CAME AFTER An
ALL DAY LEGAL BATTLE
IN COURT
M'KENZIE AND BAKER FIRST
TRIAL or MRS. REUTER- WILL
WAIT UNTIL THE OTHER
Is COMPLETED.
TIE TRIAL Starts MONDAY
Work of Selecting a Jury TO Try Me-
Kcnzic and Baker VIII be Started
Monday Morning.

Just at the close Of the first day oi
the Reuter- trial the state won a com
plete victory when Superior Judge NJ,
A. Breckenridge .Overruled the appl-
cation Of the defense for change Of
venue. At nine o'clock Monday morn
ing the work OF selecting a jury from
the panel of so talesmen summoned,
TO try Guy. d. Mckenzie and Joseph
Baker, for their alleged part In the
murder OF Charles 7. Reuter- on the
morning OF May g. viii be begun.
Early in the proceedings yesterday
counsel for the defendants procured
a severance of the cases and Just be-
fore court adjourned at 5i5 last
night county attorney Pat Malloy
elected to try Mckenzie and Baker
first. preferring to let the trial of
Mrs. Reuter- wait. Bud Bellew, the
fourth defendant who will probably
be used as q witness for the state did
not appear IN the court room at all
yesterday.
The examination Of nearly a score
OF affiants who made affidavits thet
they believed a fair traial and i'm
partial trial could not be held In this
county, by the state and a similar
examination of a large number OF af-
fants who made affidavits for the
state, consumed nearly the entire day
yesterday and arguments on the ap-
plcation for change Of venue were
not started until 4 o'clock.
Promptly at $50 Judge Brecken-
ridge announced that he overruled
the application because he believed
that there was not enough prejudice
either way to prevent jury OF
twelve men being selected who would
give the defendants fair and i'm
partial trial.
Attorneys Charlton and Thompson
who represent Mckenzie and Baker
announced yesterday that they would
interpose no further objections to the
case going to trial Monday morning
BY the decision of the court yes
$4,000 which would have been ex-
pended in costs had the case been
tal,en to some other county.
When Bailiff Wilder announced that
the court was In session at $40 o'clock
a. m, a crowd that filled the spacious
court room evidenced its restessness.
Inside the front railing in front Of
the bar were seated the defendants
and their attorneys, the lawyers for
the state and a dozen or so visiting
attorneys. Soon after coming into
the court room, Mrs. Reuter- walked
with Attorney Campbell to the desk
of Clerk Cline where she affixed her
signature to some documents. She
was dressed In black, but the veil that
covered her tear-stalned face during
the preliminary hearing was conspicu-
pusly absent. A sort of gladstone light
twinkled in her eyes. Her two little
children sat together in a wide chair
at her side All during the morhne.
session, Mrs. Reuter- appeared great
ly interested. She conversed with her
counsel frequently and was the first
to smile when some humorous episode
occurred
Guy Mckenzie. characterized by his
bishy head of hair and a freshly laun-
dried collar took in the proceedings
with intense interest. No sooner had
Mckenzie and Baker taken their seats
than Stella Mckenzie. the defendants
sister, walked in with Bakers wife.
Mrs. Baker implanted kiss upon her
husbands cheek and Miss Mckenzie
did the same with her brother. During
the day they sat with the defendants.
Guy McKenzie's father, the aged b.
bic student, with his long staff and
snowy white hair. was again an inter-
esting part of the court room scene.
The attorneys for Mrs. Reuter- ap-
piled for separate trial for their eli
ent and 1t was Immediately granted.
Attorney Charleton was granted a
similar request made on behalf of Nc
Kenze and Baker. Bud Bellew did
not appear in the court room.
The attorneys for the defendants
then filed separate applications for a
change of venue on the grounds that
the people of Tulsa county were pre- |