New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-02-05
KANE AND WILLIAMsON.

venue of the civil suit brought by Passmore
Williamson against Judge Kane for false i'm
prisopment. This bill proposes to transfer the
suit from Delaware County, where the writ was
served, TO Philadelphia. 1t appears, from an
article in The PHILADELPHIA Sun, which we pub
Ish in another column, that this bill is grounded
on n petition from Kane to that effect. 1t
strikes US as rather a singular procedure this
application to the Legislature TO interfere IN
private suit by special legislation. Venues are
sometimes changed by the Court itself on good
reofons shown therefor, of which the mos; usual,
if not the only one, is the impOssbiity of a fair
trial in the county where the action is pending.
For Legislature to interfere in this matter seems
TO us an intrusion into the Judicial department,
and to say the least of very questionable constitu-
tOnality.
Since the bill was reported, williamson has put
in remCnstrance against it, which remOnstrance
has drawn out from The Pennsylvania, the organ
of the Administrator of the shareholders and Of
Judge Kane very characteristic article, which
we also publish. The Pennsylranidn, as it APP
pears to lis, in its attempts to damage Will
hanson and to prevent the Legislature from
listening to his remOnstrance, unwittpgly let's
the cat out of the bag, betrayng in
one and the same paragraph the reason why
a change of venue is desired, fully justfying
Williamson and his counsel for having brought the
suit in Delaware County instead of Philadelphia,
aid affording the most sufficient reason why the
venue should not be changed - Were the suit
tried in this city," says The Pennsylrdnian, it
s. would be hard to find twelve men outside of the
noisy little squad that talks treason at SAMSON
street Hall, ,obo uoud not hiss the plaintiff out n
l." Count" Now, if such is the state of feeling in
the CITY Of Philadelphia toward the plaintiff, was
he not abuDdanty justified in bringing bis suit
in county where he might at least hope to be
heard. instead Of being silenced as summarly as
he was by Judge Kane himself met with Kisses,
and driven out Of court
Not only by The PennsyIrGnians own showing
does most violent prejudice exist in Philadelphia
against Williamson, but there is not the least da1-
ger that Judge Kane is likely to suffer any injustice
in consequence OF the trial being had in Della
ware County. The law, so The Pennsylvania
declares, " has been already settled beyond con-
~
Courts and whatever may be done in Delaware
County, must come up for revision before them. "
Very well, and why not let il come up before them
for revision in the regular course of law instead of
interpreting to prevent it, removing the case by
special ard extraordinary legislation, into county
in which, by The PennsylsaniGns own confession,
il would be hard TO find jury " that would
:" not hiss the plaintiff out of court :" "On
" the same side that is to say the side of
Judge Kane so The Pennsylvania continues, L" is
" the judgment Of every right-minded man." If
such be fact is it not perfectly safe to let the case
he tried in Delaware County where it is pending
Does The Pennsylr0nian, not content with its abuse
of Williamson ard bis friends, mean to assert that
there are no " right-minded men" in Delaware
County 1t is very easy for such print to make
such assertions but the Legislature will do well
to hesitate a moment before they are driven into
indorsingi il.
The attempt to prove that the Delaware County
Judge has already preudged the case is if possible,
still more extraordinary. The Pennsylvania is in
clined to think, though by no means certain of it,
that during the trial of the negroes who assaulted
Judge Kane, this Delaware County Judge was sit
ting on the Bench Of the Philadelphia Quarter Ses-
sons as q spectator of that trial--whch fact if il
was fact, or indeed whether j, was fact or not.
TIE PtnaSylraHGE, by species of occult reasoning
peculiar to itself, converts inEo evidence of
prejudice which would endan.er an impartial
- tIiaI to Judge Kane" and suffcen: reason for
transferring the case 10 a county where 1T would
"be hard 10 find twelve men who would not
Il hiss the plsintif out of Court"
If The PenHsyirGniaR really believed as il pre-
tends that the law is very clear on Judge Kane
side and thai his conduct is supported BY the judg
ment Of overnight minded man. it would hardly ap-
peal with such earnestness 10 the Legislature 10 in
tcrftre by extraordinary act TO remove the ease
into a county where, by IFS own statement. il il
mpCss bic for the plaintiff TO expect ANYTHING ike
impartiality. This evident anxiety 10 get a iiry
that would hiss the plaintiff out of Court"
looks 10 us very much Ike an indispostion
10 run the risk Of fair trial. Conscious
that it is asking most extraordinary thing.
TIE PTRsylraHiGa appeals to the Legislature
IN tone aud in style that ought 10 put It's
Members On their guard. d" Ii has been the fortune
" of our party" says that journal, at times TO
" suffer from timorous counsels and halfway
friends. Let il not be that this Winter is to add
d" to this melancholy experience of our weakness"
Is not this a very becoming tone in which to