Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1913-04-11
M'CASKRIN ASKS
CHANGE OF VENUE
Files Petition In q. S. Court to
Take Case From Judge
Humphrey.

Harry NJ McCasrtn has filed in the /
Unibed States district court at Peoria .
a motionafor n change Of venue from .
Judge ] Otis Humphrey IN the trial
OF his. he is charged with
sending through the mails improper
postal cards. Thetext Of the petition
fled By McCaskrin, through his attor-
nsy. Ben. A. Stewart, is as follows:
United States Of America, South
ern. district OF Illinois, Northern divis-
ion, United States Of America, VS..
Henry NJ. McCaskrn, alias Harry NJ.
McCaskrin. General No. 351. In the
matter Of mailing non-mailable postal
cards.
Harry NJ McCaskrin, being first
duly sworn. on his oath says that he is
the defendant in the criminal case No.
351, entitled the United States OF
America VS.. Henry NJ McCaskrin,
alias Harry NJ. ,McCaskrin. indicted for
mailing non-mailable postal cards, and
this afiant further says that on Tues
day, April s. A. D. 1913, in the after
noon of said day, he, this af1ant, was
informed by the clerk of this court that
Judge J. Otis Humphrey, Judge of said
court. would be the judge who would
preside at the April term of said court:
that on the same day, tD-wit, the Sth
day of April, A. D. 1913, he, this afti-
ant, received a notice from W. A.
Northcott, United States attorney, as
follows:
Mr. Harry VI. McCaskrin, Rock Is
land, Ill-Dear Sir: The case against
YOU in the United States district court
is set for trial before Judge Humphrey
al Peoria, H. on Monday afternoon at
o'clock, April q. 1913. Please be
present in court at that time ready to
stand trial. Yours respectfully, w. A.
/ Northcott. United States attorney.
{ And this affiant says that said no
tice and information was and is the
first that This afFiant knew that said
Judge J. Otis Humphrey would be the
presiding judge. and that said cause
would be urged for trial at the April
term, \. d. 1913, of said court. and
this afiiant further says that at this
/ his earliest opportunity since reCeiv-
ing said information. he makes this af-
/ fdavit in said cause for change of
venue from the said Judge J. Otis
/ Humphrey, before whom said action
or proceeding is 10 be tried or heard.
and this affiant further SAYS that the
said Judge J. Otis Humphrey has a
+ personal bias or prejudice against him,
this defendant, and this affiant is in
formed, and believes. and so states the
IfacJ to be, that the said Judge J. Otis
Humphrey has personal bias and
prejudice against him, this defendant.
and has personal bias and prejudice in
favor of the party plaintiff in this
cause. to-wit: The United States of
America
And this affiant further states. on
oath. that he was present in court
when the said Judge J. Otis Humphrey
Iimpanelled the grand jury which re-
turned the Indictment against this af-
fiant az the April term of this court,
\. D. 1912; that he heard the remarks
of the said Judge to the said grand
jury in relation to their duties that
from the remarks of said judge 10
said grand jury at said time, together
with the actions Of the said Judge al
the time of making said remarks. he
this affiant, is convinced that, and sc
states the fact to be, that said Judge
J. Otis Humphrey unduly favors The
| prosecutions involving alleged viola