The Wheeling intelligencer. [volume] (Wheeling, W. Va.) 1903-1961, 1922-10-17
VENUE CHANGE
MOTION FAILS;
TRIAL OCT. %
DEFENSE FAILED TO MAKE OUT
CASE, JUDGE SoMMERVILLE
RULES.
BY CHARLES A. WATKINS.
STAFF Correspondent.

Judge ]. u. Sommervillo yesterday
In Wellshurg refused the change OF
venue motion presented by counsel for
tho l68 minors held ror completely in
tho staying Of Sheriff II, II. Duval on
July II while defending a mine tpple IN
Cliftonv!lle from several hundred min
ers. six OF whom were killed In the at
tack.
This trla! O. John Kam!nsky. Arclln.
Pa. to opeu yesterday was continued
until October %. when Attorney Charles
J. Schuek, OF counsel for tho defense,
pleaded an shscesscd tooth.
Following Judge Sommorv.llo's over
ruling Of tho motion Attorney SchucK
filed exceptions to tho ruling and moved
for a continuance. Counsel. IN explain
Ing his request to the court, declared
no was compelled TO undergo a dental
operation within four or FIVE days.
Attorney J. 3. Handlan OF counsel
FOR state. In commenting on defensea
motion stated no could appreciate At
tornoy Schucks condition and would
mako no suggestions to the court other
than 70 have definite date set for
kam!nsky's trial.
October as Named.
The court in ruling on tha motion for
n continuance said no did not liko to
have murder trial begun IN the former
part or tho last day OF the week. He
therefor continued tho case until Mon
day morning October 20, a date on
which defense counsel agreed he could
re In court.
At tho reconven'na Of court yesterday
morning at pi45 o'clock Judge j. -
Sommervll'a announced his decision TO
refuse tho motion for o change In venue,
Tho cou-: said no had given careful con-
sidcratton to the testimony and arEu-
mcnts hut, did not SEQ whero the de-
csnse had made out case.
Immediately after the announcement
the court summoned attorneys for state
and defense to tho bar FOR consu!ta-
ton. Judge Sommetvillo ordered the
Jury tor the trial be placed In tho hands
Of some one other than Sheriff Thomas
I,uval. Tho court explained that his
action was no reflection on tho Sheriff
hut IN order that no question could be
brought forth as to fairness during tho
trial he wanted to see the Jury N tho
Keeping OF some responsible and SUBJ
stant!al citizen OF Brooke county.
Satisfied with the order OF the court
IN wycrs for state and defense conferred
among themselves upon whom they
would suggest 10 the court Tor appoint
men, TO perform the duties OF shor-
IN.
Aa attorneys went into conference to
discuss whom they wero 10 suggest TO
tho court to act M Sheriff during the
t-al. Judge Sommcrvillc requested
Sheriff Duval 10 call tho roll OF Vcnlre-
men Only ono absentee was reported.
The court warned the men reporting for
fury service not to discuss tho case
With anyone and not to allow anyone 10
talk TO them about It.
Tn. court instructed the vcniremen
70 report anyone 10 him who attempted
20 discuss the case with them and he
would punish him.
'rh. ven!remcn were then excused IN
III next Monday morning.
witnesses Told to Report.
Twelve witnesses called to testify In
-" case we're also instructed by Judge
S"Mmurviilc TO be present IT the recon
-rrirC o. court next Monday morning
without further request or summons.
they were l,kew!s" excused.
Returning 20 the court room follow
M; the conference as to the appointment
oS an acting sheriff. the attorneys were
unable To reach an agreement on any
particular person.
The court thercupon called 4 meeting
- cuunS"! for state ard defense TO he
held at his chamber In Wheeling We'd
nesday morning at 10 o'clock. The Sc
lection Of an acting sheriff will be made
AZ th!s time.
Attorney J. e. bigger. Of Stcuhenrille.
associate chief counsel for defense. was
IN attendance a. court Yesterday for the
first time since the defense moved Tor
n change Of Venue.
The court room was filled yesterday
morning with the 50 venrcmen. IL wit
nesses lawyers. court attaches and
newspaper men.
John Kaminslv. Avella. Ca. miner.
charged with frs, degree murder and
whose trial will begin ncN' Monday
morning now that IN" motion for
change Of Venue has been disposed or.
sat throughout the proceedings yeSter,
dar morning. apparently unperturhed.
Nar,irskv disr,ay"d real Interest only
at o,ic t.;He and that during the confer
erce OF his lawyers on he appointment
q an acting sheriff 70 take charge OF the
Jury. HIS youthful appearance seemed
20 attract the attention OF the re2ro-
ION and witnesses.