New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-09-05
ONE FOR SQUIRE AND FLYNN.
TO BE TRIED IN OYER AND TERMINER.

CoyRT--THE CHANGE OF VENUE NOT GRANTED.
Rollin g. Squire and Maurice b. Flynn have
failed to change of venue on the indictment
against them for conspiracy, but the re-
General Sessions Court OF oyer aud Terminer has
been ordered Justice Churchill of the Superior Court
yesterday handed down the following decisions;
Section 344 of the Code Of Criminal Procedure pro,
may at any time before the application Of tGs
defendant be removed from the court in whion !"
i From Court Of Sessions or a City Court
10 the of Oyer aud Termincr OF the same county
2 From Court OF Oyer and Terminer or Sessions, or
other county on the ground that fair impartial
trial cannot be had In the county or city "hoio WV "
Both Of these Kinds of relief sought by the defend
in this motion The indictment "a .n' for Gun,
spracy defined by section l6s OF the pe1s psr
cate aud portant questions of Law are keJ 10 sse
upon trial of this action; that the daly di,
eused by the press city aud that great care
required to prevent Injustice being occupied
positions OF great influence aud responsony 10 of
cy and tina. the case Is one not only de-
PENDANTS personally, but aiso 70 uo tnrn.5 tho good
SHOWN for the neI s"s sar aS
from subordinate an inrm Of relief sought
whin Inc RUE down ia the DOLLY reported case eisu
npon mi. question. people vs. sessions III Aoo ~ ~
Il urged on behalf Of the people that the Court OF
detion of criminal matters with the Court OF
OYER Termner and tina. the judge likely 10 ptesSs
nj The term which this indictment, II remaining III me
sessions. would be moved for trial one whose earnns
nor,an ,ri.is But It was we'll in People ses
sions CsupJ that i'm deciding upon sacn an ap s
10 whom is addressed should regard the personnel OF
ho masi''rat. @o or ,ouTt wben the laws Of
the make superior one must In the al
ton OF us'ios Dc 80 res.rded 'ra1 eaer s a
point extraordinary term OF the Court OF Oyer snu
moved promptly and have made which entities
them 10 the nrst part of the relief sought 49,, ~ -.
moved for trial the County OF New York to some
other county. on the ground that far and Impartial
tra cannot be hnd county where the indictments
now pending. To show that this ground exists tne
defendants have submitted their own ainaavis stating
that the press OF this city, with daily Circulation o
more Nh an million copies, nave from day 10 lay, since
MN Seno ana parricuIarIy with reference to
tsrs against thew thi: indictment ana when
they far poisoned the minds OF reside is
of tn.s city that they cannot navea TAR ami lmp"ral
tral within IT, They have also submitted large
OF articles cut from the issues OF the usiy anu
press OF the city which seem fully to sistsla tneir %
upon them well seted IN this state that before
the change asked for will DO made 1t must be shown
cannot bc hsl IN county the indie mont Is
pending. People vs. Boline, Hil. "a; reopV 91, w.
56O. In OF hssr cases the motion 10 change was
nreiudice was shown 10 exist. In the last case the
When AN accused person applies to change the ace
OF ira he must, under ali The Cases. IKE Gle ar Gaze
thai ny OF popular passion or prejudice he cam
not have lar ana i"p'r'l" 'rAi III 'n' county
lar r." ana imp1rtisl trial cannot had within
Comfy OF New York. OF It's $4,000 citizens liable TO
from The city the brief period in wncn tn" Ar
iices complained OF have appeared. SUI larger
business. nave not read the ne%sp"pcFs ,o 70
as To- have formed any opinion upon the questions 10
voIveI in thi. Indictment much larger nunlo.r WIZ
undoubtedly he found of farminded 1ntsIi2eht men,
who from the Instinct of fair play aud feeling 10 ac-
corfance with the rule Of the common law ina man
should BE- presumed innocent I'LL proved gnlty. nave
hell their Judgments IN snch suspense as TO inc gum or
innocence OF the accused thtt they eonu i"r these
classes II seems that fair and impartial JuEv NAV ne
impauri ID aud far ana Impartial 'rai n"' "N'" "'
The pottnn TO remove tAs action from the Court Of
Gener Il sessions ewYJrk 10 the Court OF oyer ana
Terminer ofthe County OF New YORK Is sranteI. -,
The motion remove the action from thc county Vi
New-York TO soma other county Is denied
Ev m. regular assignment Of Judges Justice Brady
Is TO at IN the Court oyer Terniner on the first
MONDAY In November, before which the Court Will not
SIT regularly and Justice Davis on the third Monday III
that month. tits possible of course, to change this
assignment II there good reason Tor DONG 3d.
Richard : NewcOmbe was naturally pleased with
the decision, as far as 1t went, and said that
TO that extent at least 1t was In harmony
with the ground he had taken In his argument
Rollin NJ. Squire his usual mrerurbaoe ana uf-
bane look and expressed his satisfaction In general
way After a moment of thoughtfuness. Mr.. Squire
made this statement
Under weli-organized attack upon me for the sole
purpose of getting public sentiment adverse to the
position had taken IN the matter OF this prosecution IL
was conceded, in my mind. that the demand
for fair play might remain unhesrd In the camor.
But the subject OF fair play public sentiment how
ever SLOW il always right and potent IN the end ana
when realizes. As 1t will, that malicious conspiracy
ha. been going forward having for It's sole object the
removal OF myself whether II will unnesitangy
clamor for my protection in all my legal rights.
Maurice b. Flynn. who adays the stern and
determined OF who is on the war path, stopped
long enough say a way that quiet but full oil
meaning for those he intended to hit:
when knows that he is innocent he Is OF
course pleased that his enemies bring about
combination circumstances sacrifice him unjusiy
I have seen the names of men in alleged interviews
who have declared that this scandal produced
by the Squire letter is something that should
be severely criticised and every body connected
with IL should be punished. This is undoubtedly cor
rect Some OF them, however should have excluded
me included themselves. Before the matter Is over
they may find that their white winged. angelic forms
will very severely blacEened and the persons they
are seeking to will be found to be blameess
compared l want. at the earliest possible
moment thorough investigation Of tho alleged pecun
larry advantages that have Obtained from my connection
with the Department OF Pdblic Works. the AQuoduct
Commission. or the other numberless schemes with
which am charged with having connection. Ihey Will
be found entirely in the Imagination OF news
papers OF political enemies for can show concusyeiy
to any faiI-mnded man that there never has been
single instance OF any unbuslnesske or unlawful tran ;;
action matter with which have been connected
d" How about the political outlookl" Mr. Flynn was
asked.
have nothing to saw on politics., was his answer
"but the thin disguise OF h. pocrsy and political dena-
gOgry with wheel certain people arc now clothing them
will be removed before the next municipal cleo
aud who are sailing under false colors Will not
succeed"
The opinion of Justice Churchill great disap
continent TO the District Attorney, VINO had expected
10 have ready for trial tomorrow. Assistant.
District Attorney Nlcoll stopped the preparation
winch we're In progress for the immediate ria OF the
case. Governor Hin has the power 10 order a
snsca term the Court OF oyer and Iernner before
the re gulsr which meets on the htst Mo nday of
November but, squire Is out OF Office It was con-
sderei doub u wbe nsr the Governor would tszs any
further action Dlstrci-Attorney MARITIME was not at
nnAsLlOn as to Mnether