Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1921-06-23
VENUE CHANGE
IS GRANTED in
MURDER CASE
Kearns and Wyant to Be Tried
Outside of District-Cour
Required by Law to Admit
to Bail Story Of Arraign-
ment.

the Northern Pacific detectives who
are held under charge of murder
in the first degree, were arraigned
before Judge ]. A. Coffey in district
court Tuesday.
! States Attorney Louis G. Tel1ner,
read the charges, while the two men
stood before the bar of the court.
The men we're charged in three sep
arate indictments, the three having
to do with the three men who are
alleged to, have been killed by the
detectives. They pleaded not guilty
to each of the three charges.
! Thereupon Attorney George ThorD
of place of trial, claiming that the
defendants could not secure fair
hearing in Stutsman county on ac-
count of the propaganda that had
f; been spread thruout the county, this
tending to prejudice the people a
gainst the defendants. He stated
that he also wanted the questions Of
bail settled, as there had been de-
mand made that the court should
refuse to admit to bail or should i'm
crease the amount Of bail.
! The attorney for the defense also
stated that it would take at least
thirty days to prepare the case for
presentation to court.
! In regard to the request for change
of venue, the attorney suggested
! that the court use his judicial discre-
tion. He claimed that certain or
ganizations'' had spread news of the
case had criticized the defense, and
had attempted to prejudice the case.
He claimed that propaganda had
been spread broadcast up and down
the streets, in the shops, in the
country towns, and to some extent
thru the newspapers. In view OF
the "inflamed condition of public
sentiment" he alleged, it would be
impossible to secure fair trial here.
He asked that the court protect the
defense, throwing about it. the re-
quired' legal safeguards, in spite of
any outside pressure that might be
brot to bear. He said, 1--WE believe
that we can present a case which
will present the situation that these
young men find themselves in at this
time, and that is all we ask of this
Court, notwithstanding the criticism
which has been directed towards this
Court. Here these defendants stand
helpless, and they are entitled to re-
lief regardless of the Courts position
and regardless of the pressure that
is being brought to bear by these ill
advised parties outside of this law
suit! We say this in all respect to
your honor believing that is the
condition of your honor's mind and
that your honor's interest and po-'
sition is the most minor detail in the
determining of this application, Two
citizens of this state stand here de-
manding fair trial and the granting
Of this petition"
State Agrees
Judge Crum, appearing for the
state, said that the state would not
deny that the defendants had an abb
solute right to change of county. He
stated that one could hardly expect
to have three lives blotted out with
out having the matter give rise to
talk on the part of the people of the
people of the community. He added
that in view of the fact that the de-
fense had filed an affidavit, that
there was some question as to wheth-
er the defendants could secure a
fair trial in Stutsman county. There
fore, he said, the state would not re-
sist the application for change OF
place of trial.
Taking up the question of the fix
ing the amount of bail, Atty. Crum
said:
IT realize that the matter of adj
mitting to bail, is matter that rests
wholly within the sound discretion
of the Court. While was not press
ent at the time, I assume that this
Court had before it the testimony giv-
en- at the Coroner's inquest and al
was fully advised in the premises be-
fore the order admitting the defen-
dants to bail was made. also real-
ize. il the Court please, at the time
you made this order you only had
one case before. you. At this time,
there are three separate and distinct
charges of Murder in the First De-
gree against each Of these defen-
dants, and while realize, il the
Court please, that it was but one
transaction, at the same time, II your \
honor please, three lives were b1ot-
ted out and three separate and dis
tinct charges Of murder in the First
Degree stand against each of these
defendants. We submit to the
Court that we do not believe that the i
bail is sufficient and ask the Court &
to raise the bail to such sum, which
at least J. IN the judgment Of the
Court will be sui fficient to insure that
the defendants will be present - 4
order to- meet the charge when H.
comes up.
An Cases Admit tcsl to BaIl Ii;s u. n
Atty. Thorp then ddressed the
couf saying4 III partt The feitera-sS
tion of the facs hat three lives 81
twenty lives have been aiblot
const tint end e
Et4te. 1s S9 ~ II 81
cailsd