| Show WHY SHOULD HE BE i 1 The Girls Say Kesler Is Biased and Prejudiced MALICE AND ANIMUS ALLEGED A Case That Will Probably Show Up More Rottenness in the Police Department Yesterday afternoon Assistant County Attorney Elchnor who is attorney for Else Anderson Rose Miller and GoldIe Shears filed na affidavit for a change of venue which was promptly ovbrrulod Tho document is signed and sworn to by Else Anderson and sets forth that the defendant de-fendant has reason to bolivo and does believe be-lieve that she cannot nave a fair and impartial im-partial trial before the said Fred Kessler tho justice before whom this case was called for trial by reason ot the prejudice and bias of said justice for the following reasons First That she vns arrested on the night of the 21st Inst on a warrant charg ing her with keeping a house of ill fame Und was taken belora the said justice who tixed her bond for appearance at the sum ot 100 that said bond was fixed in said sum at the request of Joseph E OBrien and George A Sheets the policemen who arrested her and that the bald George Sheets > Is tho complaining witness against ber that at the same time one Hose Miller who rooms in her house undxrao Goldie Shears who works for her were each arrested in her house the charge being that they were inmates of a house of ill lame and that the bonds Jor their appearance ap-pearance were flxcd by said justice in the sum of tlOO at the request of the same officers of-ficers tuat the same night of the sumo day the said justico fixed the bonds for appearance appear-ance of ono Hattie Wilson and one Lucy Anderson charged with a similar offense in the sum of t 50 each and tnat the same night of the same day said justice fixed the bonds for appearance of May Smith Kitty Wilson Maud Mitchell Dora Hansen and Grace Johnson charged with a similar of louse as Hose Miller and Goldie Shears to wit being inmates of houses of ill fume in the sum of i5 each that tbo said Hose Miller and Goldie Shears and herself were tho only persons whoso bonds for appearance appear-ance wore nxed by said justice in the sum oltlOO each that tbe said Hattie Wilson was several limes convicted upon a plea of guilty in said justices court during the last past year Second That chapter XII section 2 of the revibed ordinances of Salt Lake city provides it shall be the duty of tho city attorney to prosecute and defend in all courts in all actions in behalf of said city That the complaint filed against her in said court was not drawn by EL D Hogo city attorney nor by E F Coad his deputy That said E F Coad is the prosecuting attorney at-torney in snia justices court who conducts the prosecution of all cases on behalf of said city in said court and the said George A Shoots the said complaining witness did not submit the facts to the said E F Coad on which said complaint is based That said complaint was filed on the 20th day of June 18J2 and that neither the said justice nor the said complaining witness wit-ness cud inform the said E F Coad prosecuting prose-cuting attorney at any time of such fact That the first Information ho had concerning concern-ing asia matter was on the morning of June 22 1892 when he saw an account of her arrest in a morning paper The aQldavlt also sets forth that the said k Fred Kesler is a material witness for the defendant in this respect towit that the sid Fred Kesler heard tho request of some of tho witnesses for the prosecution that she should bo placed under 100 bonds that she will subpoena said Fred Kesler asa as-a witness in her behalf to show the malice end animus of tho prosecution Wherefore Where-fore deicndant demands that the place of trial of said cause be removed to some other justices court having jurisdiction The first and second allegations as to why she cannot have a fair trial before Judge Keslcr are strictly true as tho records re-cords show that only these three were required re-quired to put up HOO each while others only deposited 25 and it is also true that Assistant City Attorney Coad knew nothing noth-ing of the matter until the day following the arrests The bond of the women was put at 100 for tho three yesterday 50 being required for Else and 25 each for tile other two The case is sot for 10 oclock on Saturday and a trial by jury will probably be demanded de-manded |
