Jasper County Democrat, Volume 9, Number 5, Rensselaer, Jasper County, 5 May 1906 — STILL TRYING TO ESCAPE JUSTICE. [ARTICLE]

STILL TRYING TO ESCAPE JUSTICE.

McCoys* Take Change of Venue From Judge Palmer, and Frankfort Attorney Will Hear Cases.

ATTORNEYS ATTACK INDICTMENTS

And Decision On Motion to Quash Will Be Made By Special Judte Farber To-Day.— A Hundred and Fifty Witnesses Summoned For Trials nonday and Tuesday. The McCoy bank-wrecking cases have reached a stage where it is quite likely something will Boon be doing—either the bankers will go free or be brought to trial. A change of venue was taken by their attorneys from Judge Palmer last Friday and a Frankfort attorney by the name of Farber was appointed special judge to hear the cases. Farber is a State senator from Frankfort, but we don’t know as this should be laid up against him —he is no doubt a pretty good man and an able lawyer, and may have been a victim of his friends. Motion was then made by the McCoys’ attorneys to quash the indictments and Judge Farber heard argument on the . motions Tuesday, reserving his decision until today, Saturday. We are not advised as to just what grounds the motions to quash are based on, but presume it is on those presented here in the plea in abatement when the changes of venue from the county were granted, but which were not argued nor ruled upon here. Their attorneys alleged then that the indictments were irregular because one of the jury commissioners—Moses Tuteur —whose duty it was to draw the names of the jurors who returned the indictments, was a loser in the bank failure and therefore an interested party in the prosecution; also, that these indictments were re-indictments wherein the originals had been dismissed by the State without notice to the defendants, who had, they alleged, the right to elect when such original indictments were dismissed, after having been given notice, whether further prosecution should be begun in thfi original county or in the county to which the change of venue bad been taken; also, that Mr. Sellers, who was employed as special prosecutor, was present in the jury room with the grand jury that returned the indictments, which they alleged, he bad no right to be, no one but the regular prosecuting officers of the court and county hatving a legal right in the room with said jury. This latter allegation, we are informed, is without fact, as Mr. Sellers was not in the room with said jury, we are told. There are 19 of these old indictments now pending in the White circuit court and if they are held bad the State can only fall back on the new indictment returned last month and the affidavit and information filed about the same time, both of which will come within the two year limit, but it is too late now to get further indictments against them by reason of the statute of limitation having expired. About one hundred and fifty witnesses have been summoned from here to the trials, a part of whom are to appear in court next Monday and thb rest on Tuesday. It is not likely that all these witnesses will be used, however. The summoning at so many being perhaps for a demonstration more than anything else. Should Judge Farber hold the indictments bad, no doubt word will be got to these witnesses so it will not be necessary for them to go over. Let’s hope that they will be held good ana that these bank wreckers will be brought to trial. News from Mqntioello will be anxiously looked for today regarding Judge Farber's ruling in the matter. It is reported that the general opinion in Monticello, of those who heard the argument, that they will be held bad. We take in more eggs than all the rest together. Chicago Bargain Store. Summer underwear for old and young at the Murray Co.