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A Change Of Venue Is Wanted

A Change Of Venue Is Wanted image
Parent Issue
Day
7
Month
April
Year
1899
Copyright
Public Domain
OCR Text

A CHANGE OF VENUE IS WANTED

In Two Important Cases in Washtenaw to Jackson or Livingston County

THE S. A. MORAN VS. WM. JUDSON SUIT

Tells How the Partisanship Which Has Found Expression in the Law Suits

Extends All Over Washtenaw County and Makes an Impartial Trial Difficult to Obtain. - Charges that the Ex-Sheriff Has Too Great an Influence With Jurors From All Parts of Washtenaw.

Randall & Jones attorneys for Selby A. Moran in the suit of William Judson vs.Selby A. Moran for slander have filed a motion for the change of venue in the case to either the counties of Livingston or Jackson. The reasons set up for the change of venue are as follows:

"Plaintiff 's action is but one of a series of suits arising out of an open and bitter struggle between certain factions of one of the political parties of the county of Washtenaw and that the plaintiff and some of his former deputies are personally, directly or indirectly interested in the prosecution of several suits in said circuit court, all originating and growing out of said factional fight. That the said plaintiff has exerted himself to the uttermost to excite, arouse and foment a bitter quarrel within the ranks of the party to which he professes to belong and that on all occasions and in every part of said county has berated and misrepresented the defendant and has exerted himself in every way to weaken the defendant's influence among his neighbors and friends and to create a strong prejudice in his own favor to the sole end of placing the defendant at a great disadvantage in the trial of the said cause before a jury in said county.

"That plaintiff has many followers throughout the county, many of whom were his former deputies, and that they have employed every means through the public press and by means of personal interviews to stir up the contentious and enmities that have embroiled the political party to which they belong, and the said factional fight has become so intense that it will be impossible to obtain in this county an impartial trial of this cause, or of any cause wherein the plaintiff is directly or indirectly interested, and that it is impossible to obtain a jury in this county freed from all influences; and a just and impartial verdict cannot be obtained in this county.'

The motion further states that the case has created great excitement in Washtenaw county and all the people are more or less familiar with it.

In the affidavit of Mr. Moran among other things he states that the differences between himself and Mr. Judson was carried into every caucus and political convention of the republican party to which both parties belonged, and that the "said matter of difference was carried to such an extent in caucusses and conventions of such republican party within the county of Washtenaw that the party became divided into factions and were commonly reported and designated in such proceedings and by the public press of said county as Judsonites and the Moran crowd."

The affidavit speaks of the prominence given the matter in the newspapers and the fact that the article complained of as libelous is a criticism of the political conduct and record of the plaintiff in the matter of elections within the county, and also that at every term of court since suit was commenced, from four to six deputies have been present, "using every effort to familiarize themselves with the feelings and prejudices of the jurors so as to avoid getting upon such jury tor the trial of said cause any person who would be likely to feel in any way friendly towards deponent or impartial and unprejudiced in said matters of controversy." The affidavit continues:

"Deponent says that it is currently reported that the said plaintiff has during the year last past had almost or entire control and dispensation of patronage and appointments to office under the administration of state affairs within said county of Washtenaw. That by reason thereof the said plaintiff has, as deponent verily believes, dictated and controlled the appointment of eight or ten different state officers and members of boards of control of different state institutions all within the said county of Washtenaw and at different parts or portions of said county and that there are within said county many other persons who are seeking and have been promised appointment and political preferment at the hands and by the influence of said plaintiff."

It is charged that all these persons as well as Judson's deputies are endeavoring to create public sentiment favorable to the plaintiff. Also that the plaintiff during the past two years has made violent attacks upon the defendant and instigated the other newspapers of the county to do so. The deponent therefore believes the securing of an impartial jury in this county to be impossible.