| Show Ew JUDGE MAY MAt MAYBE B BE ASKED I IDANK IN DANK TRIAl for Indicted Merchants Merchants Mer- Mer 1 t. t chants Officials Drop I t Hints By Ira C. C Tichenor That counsel for the defense In the taso tase of tho Merchants 1 bank has still thel card to to play was indicated at atthe the he hearing Saturday when Judge gf P F Tobin rendered his decision ting Ing the motions for a change of J and setting April 21 as the date I to of trIals I JUe the beginning of the series Pingree Secretary Ford Assistant CashIer Hays hen Judge Tobin asked the eys for the defense If they approved e date set for the trial one of the ther r said they would not oice approval but would not offer an j as it was possible they decide to offer anoter motion to the bt beginning of the trial In J view of the fact that motions for the quashing of the Indictments and for a change of venue have alreadY I n overruled belief is expressed that the only motion whIch mIght now be I I I by counsel for the defense is I ohe for tor a change In the trIal judge I I t the formal arraignment hf bf the thet t three ree indicted men Judge Tobin him him- A elt gave the defense an opportunity of offering objections to him as the trtat judge on account of the fact that previous to his appointment to the bench he had acted as counsel for tor a committee ommittee of depositors The defense announced that It Would not at that time of offer tel any objections objections ob- ob and none has been offered In subsequent proceedings DECISIONS CITED In In denying the motions for a change o 0 venue Judge Tobin quoted at from decIsions upholding the faction of judges In denying similar on the ground that at the time 9 ot r the trial there dId not exist lent dent prejudIce and bias to an extent to prevent the defendant from obtain obtain- Tl fiji a fall fair and Impartial trial In one one ise It was declared I The matter of a change of venue in inny y ny case where the court has t on is within the sound discretion of the trial court subject to review and andr r ersal only for an abuse of the dis- dis It is a. a judicial discretion and should be exercised only for good cause shown J Judge Tobin said that It it Is also well I e that the action of the court Is isto I to be governed by the prejudice and bias existing at the time the alleged al- al I i crime was committed but by the existence of prejudice or bias at the motion for a change of venue I t ourt also declared that it ap- ap the principles as stated In another case as follows The tradition is that the primary primar object of statutes against crIme Is to protect the cItizen and to punish the guilty of the law When the A speaks of a fall fair and Impartial I d trial it does not mean a trIal that shall merely open to the accused every avenue aye ave nue of escape whIch the Ingenuity of I counsel may devise It means a fairand fall fair I and impartial l trial for the defendant and the state TOBIN'S DECISION In In concluding his decIsion J dge Tobin said The before the court is In I e effect this Does such prejudIce and bias exist In this community at this I time as would prevent the defendants from having a tall fair and Impartial trial In this connection It is to be noted that at the tho examInation of the grand jurors In the cases at bar there Is not the slightest Intimation of the exists exists- ence of prejudice or bias agaInst the defendants In this case Two attorneys were present at thIs examination representing representing rep rep- resenting different Individuals connected con con- with the Merchants bank bani Each of these attorneys was asked If he desired to ask the jurors who were beIng examined an any question and both th s 's stated that they considered that the examinatIon had been fall fair At the time the transcript ot of the examination examination ex- ex was offered In evidence it was objected to on the ground that It ItI did not show the state of mind existing I In this community at the present time n It was however admitted on the theory theory the the- ory that while It dId not show the tle state of mind existing In iii thIs community at this time It did have some bearing on the question as to the exIstence or nonexIstence ot of prejudice and bias at atthe atthe the time the grand jurors were ex- ex NEWSPAPER ARTICLES I While several articles have hav appeared ap appeared ap- ap I In the ne newspapers sInce the grand jury was examined nevertheless the alleged offenses earlY In I July and between that time and the time the grand jurors were examIned i a great many articles appeared in the local newspapers with reference to the thet t Merchants bank bani failure It appears therefore obvious to the court that court that If the the newspaper articles In I question was to create a widespread prejudice and bias agaInst the defendants defendants defend defend- ants n these cases as argued by counsel coun- coun sd sel the existence of such prejudice and bias would have been dIscernible at least to some extent In the examination of the grand jurors examIned on n the day of November 1918 Admitting Admit Admit- ting that no such prejudice or bias was shown at said examInation has the effect of- of feet of articles appearing since the date of said aid examination been such as asto to create a prejudice and bias in this communIty which would prevent the defendants from having a tab fai and impartial Im- Im partial trial at this time or In the near future The court Is of the opinion that such articles as have appeared have not had such an effect In view of the law on the question as the court understands It it and In view of all the conditions and circumstances circumstances cir cir- surrounding the cases t bar bearing in mind the character of the the newspaper articles submitted as aswell aswell well as the statements in inthe inthe the many affidavIts presented the court Is of the opinion that the de- de can have a fall fair and impartial trial in this community Therefore I de-I the defendants defendants' motion Is denied |
