Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1883-12-12

sat alone in the box. Fifty-eight of the
so names in the panel had been drawn
without finding another satisfactory
Juror. Then the lawyers began to talk
Of a change of venue. voorhees, said
at dinner that he did not believe II inn
partial men could be found to try this
case in Fayette county, and cited
somewhat similar case in Kentucky in
which Speaker Carlisle was concerned,
when the jurors had to be drawn from
an adjoining county. Court met again
in the ,r ernoon and exhausted the
panel without getting another juror on
the first call Two of the four stood
aside, Martin Mitchell, farmer who
would rather not hang a man but would
follow the evidence, aud John Conn, a
carpenter, whom the prosecution had
attempted to turn away for cause
these were accepted, making three in
all. The defense had challenged five
peremptorily and the prosecution three
Two were disqualified by conscientious
scruples about capital punishment. All
the others had formed opinions about
| the guilt or innocense of the prisoner.
Among them all one man, an old labor
er from Upper Tyrone, Abraham Stew
art, had not read anything about the
case in the papers and had no opinion.
The defense hesitated and consulted.
Finally Playford asked: Wasn't
your fathers name Hamilton ?" "No,
it was John" was the answer. "Cbal-
lenged peremptorily," from Mr.. Play
ford.
THE CASE SENT TO PITTsBURG.
When the panel was exhausted Mr..
Plavford moved for change of venue,
citing the experience of the day as evil
dence that it was almost if not quite
impossible to get a jury in Fayette
county. James Wells, Mrs. Nutt's
brother, made the affidavit required by
the act of Assembly, in which he
simply testified to the efforts made in
court to secure jury, and gave his
opinion that it wohld be impossible to
get one The prisoner petitioned
formally in writing for the change OF
venue. Voorhees, and Brown each
made brief speech, urging the gravity
of the issue, danger in selecting jury
by extraordinary means, and the strong
) partisan feeling evidently present in
: Fayette county. The prosecution made
no opposition to the motion and the
Court granted it, There was some
discussion over the selection of the
county to which the case should be
taken, Patterson and johnson for the
Commonwealth objecting 10 Allegheny
upon the ground that the Pittsburgh
newspapers had given such full reports
of the previous events that public
opinion was as thoroughly made up
there as in Fayette, they would be sat
isfed with any other county. VOORHEES,
and Brown urged the convenience OF
Pittsburgh and the opportunity to give
the defendant a speedy trial. to which
he had right The Court agreed with
them and said there was no doubt ar
impartial jury could be obtained in AL
legheny county, and made the order
accordingly.
The prisoner and his friends express
ed themselves much pleased with the
change and the selection, and the gen
eral feeling in town is one of gratfica'
ton and expectation of an acquittal.
1t was decided this evening by coun
sci to take up the case in Pittsburgh
the first week of January. The Corne
band here serenaded Senator Voorhees,
A. NJ. Brown and Marshall Swartz
welder this evening. The former anG
latter made short addresses, which
were cheered loudly by the large crow(
present