American Republican and Baltimore daily clipper. [volume] (Baltimore, Md.) 1844-1846, 1845-02-13
Reported for the American Republican,
BALTIMORE CITY COURT.
PTessnt-JtdgeS Brice, .Nisbet and Horthington
EInpu,py IEpM
CASE OF HENRY MCCURRY.

EEtSent-JtdgeS Bruce, UNtSbet anu W 0rttnl9t0n
FEBRUARY TERM.
CASE OF HENRY MCCURRY.
Wednesday, Eel. 10, 1915. Soon after the
opening Of the Court this morning, J. M. Har-
is, Esq, the counsel in the case of Henry Nc
Carry, charged with the murder of Mr.. Paul
RouX, called the attention of their honors, the
Judges, to his previous declaration of intention
10 file a petition for the removal of the case to
some other Court within the judicial district,
and proceeded to set forth the reasons therefor,
and to argue the question.
Mr.. Harris read an affidavit, in behalf Of the
accused, averrng that, from publications alrea-
ely made in the case, the public mind had been
led 10 so high a state Of excitement, that it
was very improbable that the prisoner could
nave fair and impartial trial before Il jury
selected from this community. The counsel,
after reading the affidavit, proceeded to state,
that in these publications not only had the ac-
cused been pronounced guilty, but counselled
20 prepare for the end which in all human pro-
liability would be melted out to him during the
present term of the Court: and that the prison.
er had also been associated with charge Of
murder in Delaware, and other acts of vo-
!ence. Mr.. II. called the attention of the
Court to these statements, and contended that
the widely-spread circulation of these papers,
(alludng TO the penny press,) and their ac-
knowledged influence upon the public mind,
was of such character as to render it almost
impossible that the prisoner could have fair
ami impartial trial in this Court; and in view
Of the acts Of Assembly, in such a case, he
wonld, if necessary, produce any number of
affidavits, or witnesses upon the stand, to at
firm that, in their opinions, the prisoner, Hen
| " McCurry, could not have fair and impair
,al trial.
MIR. II. proceeded to refer more definitely to
several publications appearing in this paper,
among which he alluded to an article in refer
tnce to the arrest of McCurry in New York,
py officer Rdgely and a statement of the fact
that, upon the arrival of the officer at the rail
road depot in this city, with the prisoner, the
''welkin rang with three hearty cheers for the
gallant and efficient ofiicer;'' and also to no.
ice of public dinner having since been ten
Gered the officer, in conneXion with the arrest
The counsel deduced from these facts, that
they resulted from the high state of public
feeling brought about by previous publications,
and we're so many proofs that prejudice had
| been thus engendered highly detrimental to
| the interest and rights of the accused.
We have no desire even to make issue with
ne learned and eloquent COUNSEL in reference
20 the propriety or improperly of publications
z which may have appeared from time to time in
4 this paper, in reference TO the case under COLI
sideration, for we we'll know that his course is
nut common among counsel in the prosecution
, OF their duty; and, whilew accept the acknow-
Judgement of the counsel as to the purity of
our intentions in making such statements, we
feel, as we have ever felt, that we have but
done our duty, and so long as sustained by an
| intelligent, virtuous, and discriminating pub
lie, we shall continue to do what we con-
scientiously believe to be our duty. We have
| never sought to speculate upon the miseries or
mslortunes of fral humanity, but have, as we
shall ever do, held up error and outrage TO pub
lie attention, and given our best efforts to point
out the perpetrators, to the end that public JUS
lice may be subserved.
In connection with the reasons assigned by
the counsel, for a removal of this case, he al
faded to the offer of reward for the arrest of
McCurry, by the Grand Lodge of Maryland,
of the [. o. o. F., and declared that it had
! tendency to get up strong feeling of prelu-
dice, not only among that large class of our
citizens, but to aid in spreading a similar feel
ing throughout the community, and thereby
prevent the aims and ends of Justice The al
fusion we conceive to have been entirely I'M
called for, in bad taste, and not worthy the
least consideration in furthering the object of
the counsel.
Mr.. ID, under the circumstances alluded to,
urged the granting Of the petition; and, also,
referred to the case of r. w. Pooler, which
had been transferred to the Hartford Co. Court
as precedent.
Chas. H. Pitts, Esq, appeared for the State,
and in brief, pertinent, and most felicitous
manner responded. He contended that if
'community's manfesting a deep interest in
the fate of any person whose rights had been
outraged, or career in life cut short by the hand
of an assassin-or the announcement of mat
tiers in connection Herewith, through the press,
and the publication of such facts as might point
10 the perpetrator-were to be taken as suffi-
cient cause for the removal of the trial of per-
sons arrested under such circumstances, no in
dividual would ever be tried in the place where
the act should be perpetrated. And if these
causes are to prevail in favor of a change OF
venue, the press must be muzzled, and the no.
ller impulses Of humanity be beaten down.
Great excitement was prevalent; yet it was
matter for the Court to say whether or not,
Twelve men, out of a population of over one
hundred thousand could rot be found, compe-
tent to try this case, upon sworn testimony, re-
CARELESS OF all extraneous matters, before they
could grant the petition. The excitement grew
out OF the very nature of the deed.
MIR. z. very properly asked, in reference to
the offer OF Il reward by the Grand Lodge for
the arrest OF the murderer of one of their bro
therhood, and appending description of Nc
Curry, the supposed murderer, show are all
the ends of justice to be gained, unless the sup
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