New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-04-20
KERRS FEAR OF NETWORK.
HIS APPLICATION FOR CHANGE OF VENUE.

ARGUMENTS FOR AND AGAINST 1T BY HIS
COUNSEL AND THE OVERWHELMINGLY.
The arguments for and against change of venue
in the case of Thomas b. Kerr, indicted ON charge
OF bribing the "bGodles Aldermen. were presented
for the consideration Of Justice Patterson In tho
supreme Court, Special Term, yesterday. District
Attorney Fellows and HIS assistant, Mckenzie Sem
pie, appeared for the people In opposition to the
motion which urged by exSurrogaic Daniel
g. Rollins and Congressman W. BourRe Cochran
Mr. Kerr and John II. Bird, who Is also one OF his
counsel wero attentive listeners to the discussion
Mr. Cochran introduced ex-Surrogate Rollins as
HIS associate in the case and Mr.. Rollins then adj
dressed the court. The chief grounds on which
the motion was made substantially the same
as those advanced similar motion In the case
OF Jacob Sharp and 1t was further set up that
Kerr was prejudced by having his name connected
with that OF Sharp. An AFFIDAVIT by tho defcndent
was presented, setting forth that he could not OBJ
tain a fair and impartial trial in this county, be-
cause the majority Of those liable to jury duty were
prejudiced by the newspaper reports OF previous
trials. The affidavit further alleged that as soon
as sharp died and the District Attorney moved for
the defendants trial, the New-York press had
urged that the defendant be promptly tried and
sent 10 Sing Sing, as he had been the chief bene-
nciary Of the alleged crime, which the defendant
denied Mr. Rollins said THAI It must DO clear 10
the court that It would be almost Impossible 10
obtain a Jury in this county that would give MI
Kerr a fair trial Weeks would be consumed 10
trying to get an unprejudiced jury, and hundreds
possibly thousands-of reputable citizens wouio
be put 10 a great Inconvenience.
District Attorney Fellows on rising TO reply saio
that his voice would not permit him to make long
address He declared that the crime which was al
legged TO have been committed in this county Should
be tried here He maintained that any criticisms that
might have been made by newspapers would not rem
der it impossible TO obtain an impartial jury AS
Tweed was the prominent figure in the time OF The
sRines disclosures so Sharp was the principal name
connected with the Broadway Railroad bribery cases,
ard few people had heard read of Thomas b. Kerr
when the big Broadway Railroad job was mentioned
There thousands Of intelligent people VINO hau
never heard of him.
Assistant District Attorney Semple opposed the ap-
pncation. saying that the fact that man read inc
newspapers had opinion about case ala nor
incapacitate him for duty juror. He Insisted that
Kerr could as easily get twelve good men TO Try MIN
in this county as anywhere else In the State.
". Bourke Cochran replied 70 the District Attorney
and his assistant. he called the attention OF the
court 10 the trials of 1S71'73 and '73, when 1t TOOK
weeks and even months obtain q complete jury.
He said no one could make him believe that when
man entered a jury box with an opinion as 10 me
guilt or innocence Of the accused that juror could
render an honest verdict. II the accused enter
tanned the opinion that he could obtain farer trial
IN another county he had perfect right 10 ask for
change of venue and It was the duty Of the court 10
grant IT, Sharp had brought down the III VIII OF the
Connection with him. He argued that the structures
of the newspapers had made 1t impossible for bis
client 10 have fair trial
Tho Judge reserved his decision.