, 1874-03-04
county; Of courAo, do not NOM infinitely,
bnt iElborly and substantially all parts Of tho
county nrQ ropreeoutc(l.

THE STATUTE
upon this m Yo3tr Honor iB hwnro, provloa
tint tito defendant Eliall ret forth to lilo Oonrt
grounds upon Which liz basos belief TINT lie
cannot receive q fair md Impartial. trial; md
| tho Judge Inns tho power to decide wlothor tho
ailtant has made tl,cm IN good faith. Tho old
| atatuto Of 1916 provided that a change Of venuo
| should bo pcremptolily granted in caHcn wlero
tho defendant would swoar tlat tlcro wns tlni,-
gor, In his Judgment, tl,at ho could not rocoiyo
tco @ Of W tho iiniabitants Of tho place wheroin it
waH ponding. Your Honor, porlinps, ia also
aware that TINT statute was passed whom tho
Btato was rparsoly aottlol l-whon thoro wore no
railroatls-and wien d change Of venuo from
anco Of tho caBo for six months mud TINT
statute waB reaortoa to merely as d meA1,B to
rot Il continuance. bocauso ut tho time. to
e1ngo ho T9ue nnrs,x aa and the Gt
defendant. 1t waH abnaed, and mon guilty Of
griovous crimcn escaped trial by tho al Ut That
statute: The Legislature ordeavored to avert
the evil tlono BY i, and took away from tho
by tho statute. by swearing. that ho could
not got fair and impartial trial
WHOM IT was plain 10 tho Court that ho could, and
said TINT hc should evolve to tho Court the
stanco, that tho Court should 500 whether he
WAS milking that claim in goota faith.
OBJECT OF THE CHANGE.
I do not understand that 1t VIII the object Of
l1HW GLALut9 IL lUAHEE Iu9 NGlGuMuHLA u 1l&HE.
but simply to restrict him to what waB bofore his
actual right, and not permit him to hayo chnngo
Of yolluo when hia application was grossly false.
1 have Hcen in my practice at tho
bar aud presume Your Honor has
statuute, apply for ohaugo Of yonuo by reason of
prejudice In tho mind Of tho Judge. wllen tho
Judge noyer Baw tho man md llo never snw tho
Judge or hoard Of him. The samo has been said
H. reference to tho prejudice existing agstnat
thcro wero not twenty mon that ever heard Of
him. Now, this statute was amonded not, us I
said, to abridyo tho rights, but simply to roquro
tho making Of th9 application in good faith d1
these tSs 'is insosspapsr srtelos which, as le
says, in ill tho web mid woof
Of tiem aro falso having sent otller mon to
trayorHo this county to ilud ont aud ascertain
ing county to aoe whothor tha oyil influence Ind
also extended there having aacortatnod that
tho cluso ct Tho pcopfo grows, i'll this county,
out OF tho fntcrest they havo i'll tho matter,
when thoy would have mono II 1t were out Of tho
limits Of the county-comos hero and flies hiB
own aftidayit, accompanied those Of aixty othor
respectable and reputable citizel,s. Now, tllon,
Your Honor, I do not think, on our, part,
wo should say anything to tllis application
because it is perfectly plain that IL, under a
showing like this, wo cannot obtain n vapuo.
then, substantially, the statute upon tho subject
has becn rcpealed.
- THE srArE's ATTORNEY.
Mr.. necd--M tho Court please, hardly know
what to say in roforcnco to this application. I
am FREQ to confess tint 1t Ia the htrougcst appl-
cation which Inns boon n,ado to tl,ia Court sinco
tho statute has bcon in forco. 1t is the strong
us; 2a' n'um ;,. srt Mt 9i isar ~ ~.
statute. Tho first applications under, IT for
a change OF yonuo were made, as remember, by
some Of tho Aldermen who were indicted soon
a'g Aft the m for sDoS Seoey }Hga e o9 aefnsga rn
nT co',rt an,1icat;on .yna mnid,o m bol,atr NJ
enmo of tt,a nnthor infictnd Aldnrmon. and Ju3eo
Farwol % rrautei a chaueo Of ycnuc to IaFo
cnnntv ernintt n vcrv viroroua onuosition m
t1n mi ~ S1uov SnIth' Who assiafed mn. Va
1 III III ~ ~ cauiI XII a. mt thinf< thor onn,;o
cation ,rna NJ airmr NJ lin ma 1nnn ,nro tn INV
Tho next application, a. I remember, wng that Of
Timothy ". Fullor,' Or Tim Fuller, man Of
Ihat was made @ to lis lionor Jnago M.,oSers, VINO
~, ns ~ n hns t,o foio sn W
guilty to some othcr indictments md sorye out
punishment hero, and sent him up OH that in.
dictment. Tho next was boloro Your Honor Inst
trein which met with terrible accident near
Sag bridge, OIL the Alton j. st. Louis 1failroad.
lresisted 1t ah strongly rs ! could. but Your
MGoF VIII Go"tn gsdtntea change Of Souuo TO 'o'ot in
nevor know until Tue other day, when was
esamiuing thu question, thnt uny stntute had
hccn PASSED OH tlliH subject siuco the act Of
1851 but discovered III tho net OF 1879 stat
uto which changes the law aomewliat.-cEanges
tho status Of the caao il Your Honor should
oyorrule this motion. In Gray and Otors
agaipst lilo pcop1c, which was Nh indictment
for burglary in Kane County ,-applcation
was mado for u change OF venuo,
AMI refused by tho Court, and tho
caao taken up to tho Supreme
Court Oh writ Of error. Tho Supreme Court
decided TINT change OF youuo ought to layo
lcon granted, Diminishing that part by saying +:
1.-The Court having the discretion and having
denied tho petition, error canuot be assigned OIL
tho decision" That decision was made a fow
days after this atatnto was passed.. But our
Legislature in 1879 passed an act. which did
not know of until a few days ago, which says:
Executions taken to decisions Of uny Court in this
State oyerruiiug motlona for arrest Of judgment for
riae or for continuance, or for change Of VENUE
shn bo allowed IN criminal anu IN PENN and gu san
aeone nna tno 9ars ~ & 70 scn ney Y
cisi9 rases ns e4"'o '0A 40 '"o 70A'
~ s,,ot4 ,,o.eo,,,x, ,r,,,;,, that t,,,.
~, H., "a psrt1Ios d 81 sta. s' sn,S
ot sno" 70 w a not u