New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-24
KERR TO BE TRIED HERE.
DENYING HIS PLEA FOR RURAL JURY.

JUSTICE PATTERSON on THE POSITION TArEN By
THr rREss-AN AFFIDAVIT BY Mr. KERR
When Justice Patterson took his seat yesterday as
Judge OF the Supreme Court at Special Term, IN inc
courtroom usually occupied by the Court OF oyer ana
Icrmner 1t was filed with people curious TO learn
his decision on the application OF Thomas Is. Kerr
indicted for bribery, for change OF venue DIT. herr
was there with his counsel W. Bourke Cochran, ex-
Surrogate Daniel @. Rollins and John ii. Bird AS
sistant District Attorneys Semple and Fitzgerald rep
rcsenteA the people. The Judge announced hs oo-
clsion denying the application. He read ah OPINION
reviewing the history Of the broadway Railroad bribery
cases and said that there good reason for no
moving the case to another county for trial In re-
gard 10 the claim OF the defendants counsel that
fair trial could 10 had here because OF the enecs
Of newspaper publications. he referred to the o'her
cases In which, spite Of publications rejecting upon
the accused fair jurfes had been obtained without
dlfHcuIty and proceeded as follows
But notwithstanding these cases. 1t may be resony
said that press is powerful sn engine thst IL -
ae 70 create public opinion against particular person
charged with crmo, and the concrete question nero 10
Is there suficent 10 show that that has beeh o"ne "
the Kerri OF the Ass newspaper clippings .n1
have been made subject Of examination on TINS mouon
there ere but sss refer directly to the DEFENDANT
Kerr and Of the asa many are the reports n'rrcS VI
evidence taken the investigation ana tHs soV'e ~.
erred TO- and 1t noticeable that compared with the oe
nuncation of Sharp the comments upon Kerr are almost
lns,gr,acant It was claimed the argument
y for the defendant that the general
by the newspapers Of Sharp necessarily anecco efy
ono whose mentioned In connocuo" wan us
relations 70 the alleged offence and that uere'"fe -
imnossibe To separae defendant from the genera
prejudice against the cause. But 90 not MINK .ui'
fairly presents the question which U.s. can inc uc'en
secure upon his trial fair and Impartial Jury 70 pas up
his alleged completely In the unlawful tsnsscuonsi anu
think that the question broader than nave s<seu
e. Motion for change OF venue denied
THE CASE CALLED FOR TRIAL
This question having been disposed Of the Court OF
Over and Termlner opened In due form, ana inc
COS. NJ Kerr was called for trial Mr.. Cochran asked
leave TO withdraw the plea Of not guilty" which was
opposed by Mr.. semple Mr.. Cochran declared thA'
the defendant lad simply made the plea for the purpose
of having the amount Of bail fixed HIS OBJECT ID
making the withdrawal was to attack the Indictment
He wished to move to quash the Indictment on the
ground that It found without any evidence ana
in direct violation OF law, and In the face VI 'no Po
bibition Of the statute.
The nudge said that IL the application was made on
these grounds, he refused It,
MIR Cochran then asked to be allowed to withdraw
the plea so as make the record straight for an ap
neal and the Judge permitted the Withdrawal Mr.
Cochran next read affidavit by Kerr alleging that
the indictment improperly found; that ne han
oeen compelled to give evidence against his VIII against
himself before the Grand Jury and that there was no
evidence whatever before the Grand Jury that ne hao
bribed Fullgraf any one else.
Mr. Rollins said that be was suffering nom pad
cold and not fit to proceed, but he argued briefly
that Judge of his motion might quash an In
dctment improperly found, be claimed this one was
Mr.. sempo opposed tho motion to quash the In
dictment and said that all the points raised hero
had been passed upon IN tho Sharp case justice
Patterson told the counsel to hand their authorities
and said that he would decide the matter tomorrow
morning
No one in the District Attorneys Office would tell
where Dstrlct-Attorney Fellows was He was salo
to be in communication with the office, but his as
sstants would not say whether ne was absent on
business or engaged In nursing his cold ITO IS
said 10 be anxious to have the case Of Thomas d.
Kerr proceed tomorrow and 1t was reported yesterday
that be was engaged In preparing for the trial OF hat
case by examining some of the new witnesses whom
be may call