, 1881-06-05
CHANGESx0F VENUE.
John Lamb waRts to be Tried by
Barnum or McAflister.
And Judge HaSes Denonnces the System
Us Fruitful OF Perjury.

Yesterdays proceedings in Judge Hawcs'
Court were opened by tho entering of a motion
by ". S. Forrest. counsel for the defendant, for
the discharge Of John Lamb who is held for the
killing of Officer Race in 1878, on the ground
that more than two months had elapsed since
the cnse had been rc1nanded by the Supreme
Court. He n5o made the point that the bur-
gfary charge against bis client Ind peeu pend
Ing since 1878 without any attempt to try 1t, and
urged that under either condition OF facts be
was\ entitled to Il discharge. The Court took
the contrary Wow. however. and promptly over
ruled both tnohons. =
State's-Attoruey Mills then announced that ho
had been givcn notice the day before Of rho it,
tention Of making motion for change OF
venue in the sntne case, on account qf the pref
udlccs OF all the Judges of tho CircuN and Su~
perior Courts Ut rho county except Judges Bar
NUN and McAllstcr, whcrenpon Mr.. Forrest
caulc forward with attldarits by John Lamb, the
defendant, Alexander Turney, No. 3ls North
Market street, and Samuel B. Purcell. No IS
Pauliua street. The at}1davlts were after the
statutory form, aud charged that the prejudice
against tho defendant on the purt Of all Of the
Judges except Barnum and McAlllster WIS SO
great that he could not have fur and impartial
tria1 unless change Of venue was granted.
Judge Hawcs listened to the readug Of the
documents, which had been duly died, and when
the reading was finished asked:
Did you prepare that petition and those
Mr. Forrest-I refuse to answer.
DO you know the parties who made those
at1idlvt5f''
~ do, both Of then.'
do you know them to be respectable citi-
zeaf?d @i DO"
How :. !ong have you known then2''
:" HIVE you my reason to believe that these
Judges you have named, including myself, ure
50 pre5uaicea ugntnst tns defendant that we
- refuse to be a~lthess-respectfu]Iyr refuse
and decline to answer ans such ques1ions
wsns you to eF'nE t0so two men here
n,s1an shall decline t? do that If the Court
Judge Hawes-Very we'll. Twill sag here that
I 1un't know John Lamb. never saw him be-
fore this day. While nun Awure that the case
has some notoriery, never read it even In the
fore, In any way. shape, or form. 1 very much
doubt, whether auy Of The Judges you huve
named have any prejudice against the man, A
emergency Clause is contained don't know
TO PREVENT CHANGES OF VENUE
except from two JudEes.. had occasion when
hrst caute upon the Bench to examine this
question Of changes or ve1lIe, and as to the
ton whether the computgatoss wcro reputable,
aud frotn the authorities L have examined
CAlne u 1ua COncluSlfH AIQAL naQ no A0lnor11y.
lam nor aware that ON: own Supreme Court has
passed upon the question.
Dir. Forrest-it has in one decisiou,-that of
HAunA vs. The People,:
Judge Hawes-Oar Supreme Court, however,
have said that It IS the duty Of the Court 10
frnstrate these plans for changes Of yonue In
our Supreme Court have rot pussed upon the
question, and in view OF the fact thar they have
these efforts, which are made for delay in nearly
I'LL cases, have no hesitaucy in saying that the
men who will come into court and Ills atta vIts
charging tha1 eight or ten or more Judges are
50 1re3ud.ced that 4 defendant cannot have
fair trial per1ure themselves And say further
that think 1t ia beneath an attorney, 1t Is low
er1ng the standard Of his Office, to present ,ny
such paper TO Court unless ne haa grounds to
believe himself that It L true what these len