New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1889-01-29
CHANGE OF VENUE WANTED.
NO JURORS FOR THE oLEARY TRIAL.
COUNSEL ON BOTH SIDES AGREED THAT THE
Ex.ALDERMAN SHOULD GO BEFoHE
,ov,nrr ~ ,,uoruTR COUNTY.

COURT IN ANOJtibh NNS~'~~
The result or rather, the lack Oh result e.'S"u
ing last weeks efforts to secure Jury III 'no ''s' "
Thomas Cleary, has had its effect The couhsel iOr
ha defence took The advice which was given 70 them
by Judge Daniels last Saturday, and Determined 10
move a change OF venue. When the eAraor.iisy
term OF the Supreme Court opened yesterday IN 'ho
courtroom OF Oyer and Terminer, Seheta H".y
looked as If he had something important 10 suS' %
soon as the session was called to order he INFORMED
T,dc raniels that the defence intended to ask hat
the trial of the exAlderman be removed to some otner
county where prejudices not so generally preV"
lent as I'm this city. General Tracy added that inc
necessary uapers and afldavis being prepared
and that Under the circumstances Suspension VI '
extraordinary term would be desirable
The Court looked at Colonel Fellows Tor REMARKS,
and the District-A,toney arose. Il understand
said he @that it will take some tine for the papers
10 be completed. / am willing to receive copies Oh
them after tho regular hours, and also 10 "aN' 'H0
customary ten days notice Of the notion
Judge Daniels offered to suspend court unul
O'Clock this afternoon but the time was eohslueleu
entirely TOO short by counsel for the defence. 'o
II. Vincent who is preparing the documents. So
TO fhe court for q few moments on the ume IL "ouu
take 10 get ready and Judge Daniels finally agreed u
extend the suspension until the usual hour tomorrow
Morning The jurors who had been summoned 10 atehu
the hearing were about evenly divided between nose
happy over the probability of the needlessness Oh
their services and others sorry because they hao
rot been finally excused on account Of the preludices
which oppressed them
After adjournment Ira Shafer went into supreme
Court Chambers, before Justice Patterson, ana maze
application for permission 20 move for a change OIL
venue His request was granted, and the argument
will take place to-day in Chambers. Where the case
will be sent in case the motion is granted Is, under
the law left to the discretion of Justice Patterson
The basis Of the motion Isl OF course, tho fact that
the people have been so saturated with testimony
In the Doodle trials by the newspapers that It is
impossible to obtain jury which win decide the
case ON the evidence alone.
Colonel Fellows seemed to agree VITA opposing
counsel as to the necessity Of change Of venue The
DisrictAttorney said that the special term before
Judge Daniels would continue though the change
of venue were obtained and that the trial Of an
other member of the Board Of 1884 would be begun
as soon as the papers could be prepared. He viii
send his assistants TO try Cleary in the country, al
though the case practically goes out OF his hands
There is little probability that the trial Of Cleary
viii go on Immediately, and 1t IS more likely that
lt viii take some time before the defendant win
again be summoned before tribunal. The country
sessions OF Supreme Courts not as continuous as
they In the city, and a special term would have
TO be called by the Governor unless II happened that
branch In session It is looked upon as prob
able this that after Che end OF the extraori
nary torn here the trial OF Cleary will be transferred
10 Buffalo and conducted before Judge Daniels there