Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1870-01-19
NEW SERIES, NO. 433.

will enact such law as will impose the
least embarrassment upon the defendant
Gentlemen talk about the difficulty OF
trials in the county where there is a great
deal of feeling against the. defendant. My
experience in twenty eight years of prac.
tice authorizes me to say that want nc
more sure guaranty of scquittal than the
existence of great prejudice, for in such
cases you summon jury, leaving out all
the best part of the community as be-
ing arrayed against the defendant /;
and it gives to the defendant the right to
select men who are his conspirators and
friends; and you provide for allowing an
opportunity to bring his friends on the
jury. Now insist that we should insure
fair and impartial trial, and that is to
say, we should provide the means; that
under no circumstances without the con-
sent of the defendant the court can
change the venue l insist that the
Legislature should be authorized to enact
such law. 1t is very proper that this
authority should be granted, and it is
granted in this section. Which he read.
To avoid the difficulty suggested by the
imagination of the gentleman from Shell
by, it might be amended so that the venue
shall be changed to the adjoining county.
Mr.. Turner proposed to amend the
amendment of the gentleman from David
son Mr.. Brown, by inserting after the
word "offense" these words: Provided
the State shall not change the venue I'M
less tWO-thirds of the PANEL shall have
been exhausted, then the venue shall be
changed to the adjoining county.
Mr. Baxter-That would render the
provision impracticable. | think this,
like all other questions of law, should be
LETT to the discretion of the Judge. For
that reason, move to lay it on the table.
The motion was agreed to.
The Presideut-The question recurs on
the motion to strike out the words in
italics.
Mr.. Jones of Lincoln-That is a mere
recommendation of the committee.
Mr.. Baxter-TO accommodate gentle
men, moved to table all except the amend
ment to strike out the words in italics,
and demanded the ayes and nays.
Mr. Gardner-Insisted on the right to
perfect the original proposition. He
moved to amend by striking out the
words cor district, " in the italic portion,
and inserting appropriately provision to
the effect, that the venue shall be changed
in no case except where an impartial jury
cannot be empanneled, and them to the
county, etc.
The Convention will perceive that l dis
pense with these comprehensive terms
'for good cause" and substitute for the
language of this amendment a specific
cause, namely: When an impartial
jury cannot be empanneled in the county
where the offense was committed. But
who is to be judge? The presiding
Judge trying the cause, of course-when-
ever an honest effort has been made.
Whenever he is satisfied that an impartial
jury cannot be empanneled, then, and not
till then, the venue can be changed to the
county.
Mr.. House, OF Montgomery objec-
ton to the amendment was, that 1t does
not state how the Judge shall decide upon
the fact as to when an impartial jury can
not be obtained. To do this, it should be
made apparent to the Judge on the afti-
davit of two freeholders.
Mr.. Gardner-I have no objection to
accept the modification suggested. My
friend from Davidson also suggest: ''By
actual effort to procure jury"
Mr.. Fitzpatrick desired to amend by III
sorting these words: ''To the nearest
county free from like objections.
On motion of Mr. Blizzard these modi-
fcations were laid on the table.
Mr. Kennedy demanded the previous
question.
Mr.. Jones, of Lincoln-The effect of
that will be to bring the house to vote
on the proposition to strike out the words
in italics. If that be so l will vote for
the demand for the previous question.
Mr.. Kennedy-That is the view with
which l made the demand.
The President-The main question then
will be on the adoption of the amend
ment striking out the words in italics.
After some discussion of the order, by
Messrs. House, of Williamson, Jones, of
Lincoln, and Others, an appeal from the
decision of the Chair was taken and with
drawn; there was a second for the demand
for the previous question and the yeas and
nays were ordered on the main question,
to wit: Shall the amendment proposing to
strike out the words in italics be adopted,
and the result of the vote wGs-yeas SO,
nays Seas follows:
Yeas-Messrs. Allen. Branson, Burton,
Cummings, Campbell, Carter, Dibren,
Davenport, Deadrick, Dromgoole, Finley,
Fentress, Fielder, Gibson, Gibbs,
Gordon, Garner, Hill of Warren, Hill of
Gibson, House of Davidson, Robertson and
Montgomery, Jones of Lincoln, Kennedy,
Kyle, Mabry, Meeks, Netherland, Porter of
Henry, Parker, Seay, Shepherd, Stephens,
Shelton, Thompson of Davidson, Thomp-
son of Maury, Taylor, Wright, Williamson,
and Warner-39.
Nays-Messrs. Arlidge, Burket, Baxter,
Britton, Brooks, Byrne, BLIZZARD, Brandon,
Brown of Carroll, Gibson, Madison
and Henry, Bate, Coffin, Chown-
ing, CyPert, Dougherty, Fulkerson
Gaut, Gardner, Henderson, House, of
Williamson, Ivie, Jones, Of Giles, Fitzpat-
rick, Key, Martin, Morris, McDougal,
McNabb, Nicholson, Porter, of Haywood,
Sample ank Turner-3O.
so the amendment to strike out was
adopted.
The 9th section as amended was then
adopted, and then
On motion of Mr.. Fentress, the Conven-
ton then adjourned.
CORRECTION.
In the report of the first speech on Mon
day by Mr.. Thompson, of Davidson, the
preamble one of his sentences was iniu-
riously abridged. 1t should have been repor-
ed; In the eye of the law, this floor upon
which we stand, Is plane upon which all!
the people of the State are assembled in
Convention"
TENNESSEE LEGISLATURE.