New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-31
CHANGE OF VENUE IN THE cLEARY CASE
npoo,rr. couSrx MUST NOW BEAR THE BURDEN
rrrrn WILL COME NExrg

-wHO WILL COME NEAT
Some other part Of the state OF New ork VIII now
have the pleasure of Witnessing the triai Oh Ooouo
Alderman IN. trial Of Thomas cieary has been taken
49, 60, ,ht t,1 and viii be taken up again, If
Aa a. proome County. Judge Patterson, I'm
su.rsme Court Chambers, yesterday morning handed
o[ the following opinion and decision Win reference
10 the motion for change OF venue iaue On IueSuHy
The papers presented on this motion olseio's facts
hong proper case for changing the place oil trial OF
-, tS,a,, rhese facts are not only not uncon-
,.,,d hut the DistrlctAtt attorney has in open court
,,sd their truth and conceded that the motion should
be granted and has Joined in the appneAt'oh-
The learned Judge presiding AZ tns oyer ana Ierner'
after an effort made during Whoo WOE " se'uo eNen
one qualified Juror acceptable 70 both parties has expressed
,ho convicon that Jury cannot be obtained such as
REQUIRED by existing law under the Interpretation
given TO It by the court Of last resort
Under these circumstances ana win this concur
renee of Views have no discretion In the matter other
than 10 maize the formal order directing the change
venue to another county and have concluded to name
Broome as that 70 which the removal shall be had
when Judge Daniels reOpencd the Court OF Oyer
and Terminer at half past 10 O'CLOCK aiter having
adjourned court at 10 this decision was handed to
him. and he al once officially informed the counsel
on both sides that the Cleary case had been trans
ferred 10 Broome County. He then adjourned tho
extraordinary term until Saturday morning, so as
TO give Colonel Fellows opportunity to prepare
another bribery case whoever VIII be summoned
before the tribunal next viii have the day fixed for
bis trial on Saturday morning. Nothing else viii
be done at that time. The DstrlctAuorney has not
proceeded so far with his preparations as to DO ready
to name the man to be tried next, but as Kerr and
Mcouade have already been tried, the same difficulty
might exist in their cases as IN that Of Cleary in OBJ
tanning fury Ex-Alderman Reilly IL tbs only mem-
Der OF tho "comblno' who has not escaped or been
tried and he may DO called on next DistrictAttor-
ney Fellows and Mr. semple described the future
proceeding IN the case, saying:
"a copy Of the order with the Indictment against
Cleary, the bond for his appearance and the other
documents in the case Will be sent to tho county
clerk Of Broome County, and be placed on tho cal
ender OF tho Court of Oyer and Terminer OF that
county which is in the Sixth Judicial District. The
Uext session of tie court viii bo on February 25,
when Justice c. r. Martin VIII preside. George y:
Cortss the DlstnctAttorney OF Broofne County, VIII
have charge Of the case but tho Attorney General OF
the State may assign any ono to assist the District
Attorney, or TO take his place. Mr. Follows or Mr..
Sempie or che of tho other asss tans may be asked
TO aid M the prosecution Of the case. Tho expense
OF the trial win be borne In the first place by Broome
County, but an application WIZ be made 70 have the
money refunded by tho State and tho application will
probably be successful.