New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-12-30
sHARps CHANGE, OF VENUE
.po,,urxrs BEFORE JUSTICE BARRETT.

Al A
ARGUMENTS BEFORE JUSTICE BAkhEii'
:. - ,,r,.ossrBLE TO HAVE FAIR TRIAL In NEW
York;
,.... n.rrctt in the Supreme Court. Chambers list
..a .ttentvey yesterday afternoon to long ana 'n
,,s argument by Albcr stickney. counsel TOT jacob
sss a.. an. motion TO remove tine Of the People
,ns, - am from the Court Of General Sessions 70 tho
Sv.r and Terminer and then some other county tnan
Nav York or Kings Assistant DisucFA'i"',
rslaucsy Nicoli wlo vas accompanied oy As's''"
District Attorney semple. opposed the motion en"ip
wa NOT IN court bu Mr.. Foshay and MI Kerr were on
go ,olored Mr. stckneys argument closely'
r s.n.ser Grady who was Of the legal trumvirate
.h.t ,a,uaed McQuade sat by. ana General Tracy also
,ooted iu for q few mcmenta The court room was "en
filled.
Mr. stickuey ala not tarry long In considering tue nr'
mart OF ns motion. He did not contemplate any so"s
o.tton 10 the proposition Of change from u" sos
s,ous 10 che Oyer and rermirer He SAID no s"Ppo''0u
M. marian with the affidavit Of MI Sharp. whose ss'c
,n.n.s la Was confident, wouid show that tncro "S'
s,avs doutt OF his being able to secure iai ""u Am.
narisl trial In this county, Mr. SHARP showeo 'nA' o
thirty years he had been constructor anu opoi. =.
.treet railroads He had been officially cohnec'o" wiz"
many such enter They had been rut INTO eA00"
ton s aver youo knew against tie protests OF the gen
. publia Every property-owner along the route iaia
claims OF damages against Mr.. Sharp. inc o'0io'.
p.rsonsl hos ty him hsa In this way oecn a'ou's
smons large classes Of people sui mor' io'"1"''
source Of prejudice against him arose rom n,' t
,,oo with The lines he controlled Strikes naa oeou o
,,ahs and hundreds OF persons who drew their means
NJ livelihood frou his enterprises hal becouo oite''
viudictye toward hm becaus OF MS Iouo'o9 WIN ''
hsse had their frieis and symI sthsrrs In inc puo
p, what rendered this Ipeal TO the courts humane
and lust sentiments more than necess ny vas '"o
n, Mr. suarp had received from the pubic press for
mora than wear the newspapers with entire unsnim'ty
n.o to,oed iu bounding hin as no nan mas ever oson
houo1ri before Mr.. Stieknry a,snmeu .nss hut shs
s,rrly honest and sincere III ia PURPOSES pu. sS
s.ci that constant and 80 severe ware
STRUCTURES that the idea wac now sa!n Ws.a xrIity
man rhis was not right Ho Was entitled 10 tIs pre-
sumption OF nuo.ence until MS sH trv him from among
t ana unbiased minds. THO lawyer cai'ou w,
T. me fact that ~ Tue uf: ~ mad deuit impressions 60
had strong AMI deciied CONVICTIONS anu 90 y, 100 sr
sen on ne nVsnca On tue SECOND ri oat OF 2ss
talesnen called only AZ proved ~ , n,o,osi
<iro in RI ply declined to acce re 10 the pIotos
En-, 70 nave the c.sr from the General Sessions evsn so
f.r as t the Court OF oyer and fernnrr ~ S r, ~
oecasou for such proceeding AS to me reaursI INA.
the case should he taken out OF Tue county h % e" he
subject and would DO evident ns ls az, tic dsfaod
n WA. no @ ,sou change OF venue that Tue ue,cn
ant believes cannot get lar "si nero o"'O 1'
Nicon ,.u,, y, .,,sr,onos and from the char
he M M to 6e cannot There
10000 men iai on ali ee Twelve
and fair minded mon be foundi ~ no, ,ne %ve
sae9 al verdict that is the
PTr NEON produced an affidavit mace by Mr Msrnne
denying Mr. sharp now suffered ps
fuIness lad stied all such feeling The cases OF Crowley
BaddensisE Ward, Ward and .AoS saehl BE- the news
PAPERS Fan quite high this case were % a
proofs that impartial ures eoda DC csse when the
Jndge interrupted him by asking he had seen an opin
hon rendered by himself upon an ex-paite 10
Il Ceuue
send Tor H." said the Judge; shouiu nAe " pee ~
then rs Se o mott Mr. Marines experience with
faesmen in cases which public lnerestran nigh snVm
Ing iiat while all intelligent men read and were iln
MESSED with the statements OF newspapers nearly siI
discrimnaed between exparle piinteu IL ne
papers and evidence Clerk sparks made an am
aav recIng that during his experience as court oiceT
Of nearly forty years 10 motion for change OF venue hau
0eG n is reply to Mr. NicO Mr. stickney denied the
Assistant DistrictAttorneys dehmuon Vi INC lave n0
said o, $3.50
men out OF who will do justice 70 my client may as
S Ss Pesn s :, nc sl PeOY PIE
,ssns wsSS ns fSa SS %sS have
soas eoSst x Inc AGILITY 10 get fair trial.
s s % yssasss
tss sxiei 81 such
Of Tins that e tes fs c has Formed ed
ns dselaauon he render y sGsd
On the sses"'q aTsa debate this question in view
- II, SSs establish more than an, a.; serious 5s Is
90
o,,,ia % t,Ve men can be found IN 10000 who VIII DO
hun Justice rnouestiouanv What more does he WANT
In oter words You that he cannot have tat %ae
selection impartial minds which the statute
Mr think haze more iRaR G0ge that any
sush eec, been a SS he YOUR ono But
surely not IN which The eG 1on Your
MeuoT Knows a case so peculiar as this
Jase Ba2ie almost contempuouslyoh they happen
every day. sir r.. .,,.o,.,,
Mr. sckney sat down in despair Then e he quickly
Jumped up and proceeded TO read some or tne
articles which have seriously wounded Mr.. sharPs
ss sd 1c c hGey Mp ssekney was particularly
furbed by THE TRBUSEs observations concerning W.
asked the Judge if he was he couf preside over
sharps case without prejudice to the defendant khowhg
tbat In c the Jury failed To convict he would De the sun
;sr, Of similar censure. Mr. Justice Barretts eyes
sparkled DO you intend that question seriously no
asked. -.s.o,,ou
s%yn %Ss s sn s sna from sn hs
ar, But perhaps ior TO proong my argu'
~sn ysa am Vev decidedly against far as
rr aasS' :! s s%s 'S can ee ,d
gIsudc,e to nis I Tss vii be done with as
facility as il his were a case OF petty larceny.
AR stcknev was profuse in his apologies ana coscd
slemenrv Ailudng to Mr.. Nicolrs objections on the
81 non the prosecution and its Witnesses he ventured
Die assertion that that should have no weight Will 'e
quite agree with you there" said the Judge n,,
Mr. stickney looked astonished ana PROVOKED raue a
BY The observation that His Honor greatly Id IN
Kim by agreeing with him in any thing Inc Judge unEn
sajd he would take the papers and read then cici9
He added:
,,esent Is there is reason why MI
ssy bou;d moi he tried Newly ork But II your paper
aa me TO a contrary opinion you may be very sure '"'
viii grant your notion /. onr uonor
REYES DENIES EVERYTHING
Anthem Reeves the defendant against the charge made
Nv his former bookkeeper H. Kemp. of ordering the a
lar TO change his books and also with consprng 10 set
Gre To his store to deaud his creditors was placed on