The record. [volume] (St. Maries, Idaho) 1913-1918, 1918-03-12
Ask Change OF
Place Of Trial
IN /. ". ". CASE IN DISTRICT COURT
AffidavitS AIIege Taxpayers And Jurors In Benz
wah County ntimidated By Organization.

A motion and anidaVits i'm sup
port of the same have been served
On w. J. Costello, attorney for
William M. Nelson, ex-secrelary
OF the /. w. w. organization in
this city, stating that application
will be made to Judge Flynn
Wednesday morning asking for
change of place OF trial of Nelson,
who is held ON a change of Grim
ipal syndicalism. The application
states that said plaintir cannot
have a fair and impartial trial. of
said cause in Benewah county for
the reason that there is a general
feeling among the residents and
taxpayers in said county of in
timidation and fear of the /. w.
W. organization of which the
above-named defendant is a
member.
"That a fair trial of the above
entitled cause cannot be held in
Benewah county by reason of the
facts of prejudice and bias exist
ing for and on behalf of said de
fendant in said county" The
Imotion is supported by eleven afi-
davils, which allege that a cam
paign of intimidation and coer-
cion has been carried on i'm this
county by the |. w. w. to such
an extent that it will be impos-
sible to have fair trial of the
action. Exhibits in the case are
a circular letter circulated
throughout the country over the
signature of the I. w. W. refer
lring to the trial of such actions
and a sticker which has been
Iposted throughout the county
which is as follows:
ATTENTION
"Mr. Taxpayerl
Were your taxes increased
since the Lumber Companies
persecution Of the l. w. w. mem
lbers in Idaho?
"Who Pays ?"
The aflidavits state that prior
/. to the convening of the present
term of court posters were circu-
lated advising all members of the
organization to attend the trial
III the city of ST. Maries and max
ing the statement that in solidi-
IS there is strength" and it is
believed the posters were put ur
for the purpose of intimidatine
end influencing Witnesses AND
jurors. It is stated that the |. w
w. organization has carried on in
> Benewah county a systematic and
organized practice of coercion
among the residents and taXpay-
ers of the county by threats of
violence and destruction of prop
erty to such an extent there is q
, general feeling of fear and ter
rorism in the county.
It is stated that a large mum
. ber of the members of the l. w
w. are congregating i'm St. Marie'
, and Benewah county for the pur-
4 pose Of intimidating the taXpay
/, ers, and jurors and witnesses ant
cites that during a similar tria
q approximately 100 l. w. w
- patrolled the streets in front o
o. the court house on the night TN
= case was submitted to the jur,
= and by such means sought to in
timidate and coerce the jury.
A similaF application for
change Of the place Of trial ha
been filed in the case of Fran
p Schultz against the Blackwe
lumber Co., an action for dam
r. ages for personal injury whic
g is on the calendar for this teri
IT Of court, The motion for tn
L. icEange states that Schultz is be
p lieved to be a member if the
he w. w. and a,s such it is impos
l. sible to obtain a fair and impair
lg tial trial in this county on aC
is count of methods Of terrorism
practiced by that organization.