Show I THAT NYE LIBEL SUIT 1 I Change Taken < from Judge II I Diehl to Tanner i rJ J i DAY FOR HEARING NOT SET i I I 1 Records of Grand Jury to t Be Used as Testimony J rornstrom Claimed That Ho Could Not Get Justice In Judge I 1 Dichls Court The libel suit of City Attorney George L Nye against Councilmen F S Fern L rtrom and Charles Cottrell Jr has been Irnnsfcrrecl from JutTyu Diehl of the criminal division to Judge Tanner of the civil division of the City court The S cnee wns culled at 3 oclock yesterday H afternoon before Judge Diehl In the civil division courtroom In the city and county building There were a large I I number In the courtroom when the Judge walked in and took his place on the bench Mr Nye who claims to have been maligned In the report signed by the two defendants was present J with County Attorney Wcslcrvelt and Assistant City Attorney Shoup The I defendants were both on hand early I with their counsel Attorneys O W r j Powers and Straupr Thirteen witnesses were subpoenaed In the cane by the Stale District Attorney KIchnor was Instructed to bring the minutes of the I i recent grand Jury into court with him and City Recorder Nystrom was ordered to bring the resolution of Councilman A J Davis In relation to auditing the I accounts of the city offices and J to also i bring the original report on the l resolution resolu-tion I which Is the cause of all the trouble It was also ordered in the subpoena of County Clerk John James that he bring the original report of the grand jury The other witnesses subpoenaed sub-poenaed In the case were as follows Arthur Pratt Sr Russell G Schulder Second Assistant City Attorney L 13 i Hall foreman of the grand jury John W Hughes of Tiuth C V Anderson of the grand Jury Councilmen W C Spence Arthur Robinson John N j Sharp J J Thomas and A J Davis j Judge Powers representing the defendants I de-fendants Introduced an affidavit sworn j to by the defendant Fernstrom to the tflect that Judge Diehl was prejudiced and that the defendants could not receive re-ceive a fair and Impartial trial and asked that the venue in said cause be transferred for trial to the Judge of I concurrent Jurisdiction County Attor I icy Weslervelt thought It queer that the defendants should come In at this I lute hour and charge Judge Diehl with being prejudiced Judge Diehl said held he-ld not want to hear any discussion of the matter but took exception to the word venue in the motion holding that merely a change of Judge was wanted and as the case was to be tried In the same court he thought the word I should be changed Judge Powers said the enacting clause In the statute for the change used the word venue In this I connection and that he was not responsible re-sponsible for their definitions of termn He however made the change in the I affidavit and the motion was then granted by Judge DIehl No date has ret been set for the hearing of the cause I I by Judge Tanner |