The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1914-06-25
Or. George e. MaIsy, Indicted for A.
legged Mann Act Violation, Wants
Another Judge to Hear
Case.
HIS NUMEROUS CLAIMS
Judge Mcpherson Sets Trial Date
For July q and Will Refer
Application to Circuit
Judge.

Judge.
DR.. George e. Maley, the Galesburg
physician under Indictment In the fed.
eral court for the alleged violation OF
the Mann act, filed an application and
affidavit this morning in the federal
court here asking that another judge
be designated to hear his case, and
claiming that Judge MCPHERSON Is
prejudiced. Judge Mcpherson has re-
ferred the application and affidavit to
Judge Walter I. Sanborn. He has
set July 81, at Keokuk as the time
and place for the hearing of the case,
and has also issued an order for
new jury list, as the jurors also are
objected to.
The affidavit filed by Dr.. Maley Is
of some length and sets out that
| Judge Mcpherson is prejudiced, and
| that certain remarks that he has
| made off the bench and on 1t have
led him to believe that he will not be
| able to obtain justice. A clipping from
The Gate City containing press des-
patch from Davenport purport!ng to
be an interview with Judge McPher-
son on the Mann act prosecutions Is
attached.
! In the af1davit and application
Maley claims that the demurrer which
was fled by his counsel to certain
matters should have been sustained.
He sets out that the request OF his
counsel to have the government sepa-
rate the charges in the indictment
should not have been overruled.
Charges Unjust Remarks.
Maley further claims in his afida-
Wit and application that the court
made unjust and sarcastic remarks
| which he claims were uncalled LOT
and prejudicial, and tended to pre1u-
i dice the Jurors. In one instance Maley
4 alleged in his affidavit that the court
made remark. not In the exact Ian
guage quoted, but which he inserts IN
i mis- aff1dayit and says 1t is the purport
OF the language used as follows:
4 Probably had but one appendix
and that In the ordinary course OF
events would be unable to get an
other continuance on this ground"
Claims but One Attorney.
4 Maley further alleges in his sapph'
cation and af1davit that he had but
one attorney, Frank M. Ballinger
: that his brother Hon. John p. Maley
advised with Mr.. Ballinger, but owing
: to the close relationship was not to
take part in the case. And he alleged
that his attorney at the time his case
was called in April was suffering IRON
larengitis, and he claims that the
fact Of his sickness was estanllsheo
by three reputable physicians.
Maley claims that in this matter the
court made a remark. which he be
: lieyes was prejudicial, and which he
asserts he does not quote exactly but
which he inserts in his affidavit and
saws the purport Of the Language fol
lows:
! at is a very common thing for at
torneys who do not want to try cases
to get sick about the time the case
! ia called for hearing. The embarrass
, ing thing in this matter is Mr.. Bal
fingers Illness, and will continue
: the case until Friday, April II. SC
, that the defendant may procure othel
: counsel"
: Prejudice is Charged.
DR.. Maley declares In his afhdavl'
that he believes the court is preju
/ diced and that he would not be able
; to obtain justice. He alleges ina
utterance which have been creNtee
: to Judge Mcpherson on and of the
, bench are such that he would not be
, able to obtain a fair trial.
: He asks that the certified copy @
t the affidavit be sent to the senior cir
> cult Judge. and that another judge be
5 appointed to hear the case.
: Depot Case Still On.
The arguments in the. case Of the
Wabash and Milwaukee railroads
against the Des Moines Union were
made further today in the fedora
A court before Judge Mcpherson.
!. Tomorrow the case Of the city o
8 Fort Madison against the Fort Madi
g son Water company will be taken up
4 Attorneys Stewart and Schlarbaun
9 appear for the company and Solicito
Frailey and p. C. Weber and Assis
], tant Attorney General Fletcher appea
for the city.
PERSONALS.