The Placer herald., 1861-02-23
From the S. f. Bulletin.
Motion of Horace Smith for change Of
Venue.

on Saturday 10th inst, moved to change the
place of trial in the case Of Horace Smith, in
dictcd for the murder of Samuel Newell, and,
in support of this motion read first: A paper
signed by Horace Smith, the defendant which
affirmed that deponent has been in California
since March, 1850; that since the date of the
death of Samuel T. Newell Il great feeling of
prejudice has existed against depOnent in this
country; that the deceased was printer; that
the press generally have taken up his cause, und
have in various articles sought to excite strong
prejudice against him, and to prejudice before
the trial the matters charged against him in his
Indictment The defendant exhibited the articles
that were published in the Bulletin Of January
I'd. in the Sacramento Union of January Sd, in
the Times of January 3D. the .AHa of january
ith and the cal Of January 18TH The paper
alleged also that funeral sermon was preached
by the Rev. Mr. Briggs, in which bitter at
tack was made upon him, extract from which
was published in nearly all the city newspapers
That an association exists here, known us the
Eureka Typographical Union, composed of some
one hundred and sixty persons which has had
several mectingS for the special purpose of ma
king an effective confederation and combination
against dcpOncnt, so as to convict him; that they
have raised II considerable fund of money to be
devoted to the prosecution: that this Association
exercises great influence in the city, and has al
ready created great prejudice against depo-
ncnt; that constant bitter and vindictive remarks
have been made against deponent in bar rooms
co, while commenting on this difficulty. In KEW
of all these considerations, defendant makes np
plication to change the place of his trial to some
county other than that of San Francisco. In I'D
dition for Smith, McAllister read the depositons
| OF William ). Long f. Il. Malone and Samuel
| Van Praag. to the effect that they were present
on the urrai gnmcnt of Smith, on the 22d of Jan
uary, in this Court, when language was used
by persons in the crowd in suppressed but audi
bic voices, showing II very rtrong prejudice
against the defendunt--such as ''Smh was a
murderer and that he ought not to be hnng."
Also of John Chapman, of Placer county, setting
forth that since January 10th he had spent ten
days in the city; and here heard very many con-
versltions in public places which showed great
hostility to defendant on the part of the speakers
Also the deposition of William Taylor, eX-Deputy
Sheriff OF Sacramento, but for four months past
u resident Of San Francisco. who had heard in
saloons and other public places, many cOnversl-
tons about the affair of Smith and Newell, in
in which Smith was spoken Of rs murderer"
who "ought to be hung;' and from what he had
heard deponcnt believed that Smith could not get
a fair and impartial trial in San Francisco. Also
of Julius Newbcrg, who kept q cigar store in
this city, who knows the city well, and since
New \ ears day has heard in restaurants, and in
his own store. whose front opens entirely on the
street. and where persons are pcrpetualIy stop
ping great deal OF conversation, in which, gen.
orally, Smith was spoken of us murderer who
ought to be hung. He did not believe defendant
could have II fair tral in this city. Also, from
J. e. Hale, attorney at law, resident of Placer
county, to the effect that TO present all the facts
essential to the proper defense of Smith, not less
than fifty residents Of Placer county ought to
give their testimony. For them to attend the
trial in San Francisco would be very expensive:
some of them are ladies, the heads of families;
some ire in delicate health whom it would be
exceedingly difficult TO bring to San Francisco.
Both parties to this affair were residents of Placer
county. Dcponent thought fair trial. could be
had in Placer county. Also n l.. Broughton,
who, in the What Cheer House, heard many par
him, he ought to be hung;" Hell have lively
time getting clear in this town." etc, and the
unanimous sentiment of the crowd was inimical
to Smith
In opposition to the motion, District Attorney
Brown read counter aflidavits Ito which the de-
lcndant objected and eXceptcd) from the Presi-
dent of the Typographical Union, denying that
the Union had held any special meetings on this
subject or raised any money to aid in the prosecu
ton; from John V. Watson. denying that he had
been employed for the prosecution by the Union,
but announcing that within few days the bro
ther of the deceased Newell had spoken to him
about the matter; and rom the District Attorney,
expressing the opinion that the place to discover
the public sentiment Of city w,ls not in hotels,
restaurants and saloons, where strangers most
do congregate nor from the hangers on of Courts,
the visitors of bur-rooms, cigar shops saloons,
etc, from the residents Of Sacramento and
Placer counties. The population of San Fran
cisco was large, compared with that of amy other
county, and judging from his acquaintance with
the people, in the opinion of the deponent the
defendant could in no part Of the State gcta more
just ana impartial trial than here.
! McAllister argued that the depositions of the
prosecution in no wise but one (as to the action
Of the Typographical Union) answered the a1ir-
nations of the deponcnts that he had read.
Watson, for the prosecution, said that the news
papers had been exceedingly, marvelously care
iul, in their treatment of this case not to excite
prejudice against the defendant Moreover. seve
raj Of the very papers named had large crcula-
ton outside of this city, throughout the State.
II they had affected public sentiment unjustly
their influence wruld be felt in almost every
county of the State much as in San Francisco
The District Attorney argued that the deposit
ons Of the defendants showed only that in places
where strangers congregatc in San Francisco, in
the What Cheer in saloons, cigar shops, restau-
rants, etc. there were free comments upon tho
affair Of Smith and Newell They had failed 10
show anything cf The sort from old residents in
the city, or that among the citizens of San Fran
cisco there was any such feeling would pre-
cude II perfectly fair and impartial trial here.
The arguments ended, the motion was submit
ted and the prisoner remanded to the custody of
thc Sheriff Decision rpsCryel