Show LOSES ITS fiRST POINT Motion to Dismiss Moyer Hay Haywood Haywood Haywood wood and Pettibone Case Overruled by Judge J dge CHANGE OF VENUE ASKED ARGUMENTS WILL BE PRESENT PRESENTED ED TODAY Special to The Herald HeraM Etee Bulse Ida Ia March the thC dIS dISt t t court at Caldwell Caidwell today Judge overruled the motion for dis r Issal of the case ca against Moyer royer Moy Hay ocd and accused ed of the of or Frank former fonner Vernor of ot this state on Dec 30 O 1903 1905 The motion for a It change of venue was is 15 taken up afterward ird and the re of the days session was de deto Id to t the presentation of affidavits JT I counter cunter affidavits and the reading r nf f clippings said to be to the defendants The on 11 that motion will bo be continued t norro Motion to Dismiss The principal argument In n support of oC oft oCIe t ic Ie motion to dismiss was made mado by E ET EP T P 1 Richardson of Denver Demer After g lg the facts of the matter he lie present presented ed d the views of the defense on the sub subject ct of proceeding with the trial of the accused men during the of he th appeal in habeas corpus proceed proceedings ings In the thc supreme court of the tho United fat lat att It will he 1 e recalled rC that an ap appeal appe peal pe In such proceedings from the cir court or oT the United States was wasi i Ia at Washington at the time thie of or th till trial of or t e cases was postponed ut spring That was because of or a federal statute covering the subject which under a decision of the supreme court ourt as interpreted by the nn prohibited the state from froni proceed j Tg ig with the case Mr Sir Richardson rea tea rearmed nned that the statute did not have the erect effect contended by the state It only the issuance of an order com corn ting the defendants to prison or sending riding them to execution The trial have proceeded as na though no noar ar lr b statute existed but in case of con coni i Non the state court would be de dc derr rr d from passing sentence Contention Senator Borah for the state asked at ked ir Ir Richardson if it were vere not true that thata i a ad l the trial tria proceeded and the defend beep been convicted and the supreme art ut at Washington had later found i farr r of the defendants in the ha has haIS IS s corpus mJ i QC I would be void Mr Sir Rich RichI I K z sou 81 admitted that it would Mr Borah contended the tho statute as con coni i by the supreme court ourt of the i I States Stales absolutely forbade fur UT Urr proceedings against the defend defendants arts ants until the appeal had been decided de n p added that the admission made by t Mr Ur lr Richardson showed it would have hae DNn at least a useless expense to pro prod d with the trial while the appeal u UI pending Overruled by the Court Wood took the under M until afternoon when he fl the th motion In passing pasing on matter the court said mid Now In InIS vs IS ca ease caE e I do not think it is necessary f fn r this court at this time to pass upon lie lLe question as to whether Judge was as correct in his ruling as ai a to or not the proceedings in the corpus appeal was a bar to toese vese ese proceedings prot It Is apparent that he te e considered It was a bar and was satisfied tiit whether or not it might rally aUy be decided that it was a bar there tere was sufficient cause to justify V Ie p postponement of this case until the appeal was settled d in the supreme court urt it of the United States The de do preserved an exception to the Change of Venue Taken Up The he motion filed last spring sprin for a ar r of venue was then thon taken up ad and occupied the th remainder of the art aft ti 1 ion John Johr ft ti Nugent of the de dese derse se called attention to the fact that bev by had Goo affidavits filed with the theart urt art in support of the t e contention that V e public opinion of the county Is so rr that it Jt d be impossible w to n SUre secure a fair jury He said these af at davits were wee from citizens and arid real resi resists ts of the thc Fred Miller pro prot t fd to read a large number of news clipping ClIPpings These were taken from Tapers papers circulating in that county and andley Vy hey ley were pre introduced for the purpose c f wowing showing how that matter prejudicial to toe ae e defense had been In the hands of oC the people This reading Occupied opted practically pra cay the entire time tc adjournment was S taken the main f ent going over until morning |