The Richmond climax. (Richmond, Ky.) 1897-1914, 1910-06-22
Decision of Court OF Appeals
in Fish Venue Case.

The Attorneys for Grover c. Fish
filed in the Court ofAppeals on June the
3rd, 1910, petition to the Court TO is
sue writ prohibiting the transfer of the
case of the Commonwealth against him
10 the JeSsamine Circuit Court.
This case came up for oral argument
/ before the Court of Appeals on Tuesday
afternoon, June 18th, 1910. The full
Court, consisting of the Chief Justice and
six Judges, sat in the case AS to
whether TO now restrain the lower court
from transferring the case to the Jessa-
mine Circuit Court, the court stood
evenly divided, three being for the grant
ing of the writ, tO-wit: LaSsing O'Rear
and Num-, and three being against it,
to-wit, Settle, Hobson and Carroll. 1t
took the vote of the Chief Justice, H. 5.
Barker, to prevent the issuing of the
writ. The two principal grounds upon
which the writ was denied were:
First, that the testimony was conflict
ing, and the lower court is presumed to
know the weight and credibility of wit
nesSeS, and for this reason the majority
of the Court of Appeals was not prepar-
ed to say that the lower court has alb
used its discretion; and
Second, also because these four
Judges were of the opinion that if the
case was improperly removed to JesSa-
mine County, and if defendant should
be convicted, that he would have an ad
equate remedy by appeal to the Court of
Appeals at that time.
The counsel for the defendant claimed
that the remedy by appeal after convic-
ton is not speedy and adequate" as
guaranteed to the defendant under the
law, and because the defendant will be
thus subjected to enormous expense I'M
justly, if the change should not have
been made and which cannot be rene
died, for may be year or two, and after
the expense and annoyance of transpor-
tation had been endured,
Counsel for the defendant say that
they have 80 DAYS within which to file
petition for re-hearing, which will GER
tainly be done.
AS this is matter in which the people
of the county have felt an interest, we
publish the entire opinion for convent
ence.
The petitioner, Grover C. Fish, a resi-
dent of Madison County, was indicted
by the grand jury of that county for
the crime of murder, alleged to have
been committed by his shooting and
killing one Samuel c. WEIGH At are
cent term of the Madison Circuit Court,
the judge thereof and respondent herein
the Honorable J. NJ Benton, ON the pc
tition of the Commonwealth Attorney
of the judicial district, filed in the case
pending against the petitioner, granted
a charge of venue therein and transfer
red the case to the Circuit Court of Jessa-
mine county for trial; that county being
in the judicial district of which the re-
spondent is the regular judge.
The petitioner objected to the change
of venue. and excepted to the order
granting same. and now asks of this
court writ of prohibition to prevent
the transferring of his case to Jessamine
county for trial. the application therefor
being based on the grounds that the
change of venue was unauthorized by
the evidence, and was in violation of
his rights under the constitution and
laws Of the State.
The response of the circuit judge, in
substance, traverses such Of the aver
ments or the petition as denied his right
to grant the change of venue, and sets
forth his reason for granting same. The
petition for the change of venue seems
to conform to section I'LL. Kentucky
Statutes, and the evidence introduced
by the Commonwealth conduced to prove
the necessity for the change. 1t is like
wise true that the evidence introduced
| by the petitioner Fish, in opposition to
the change. conduced to prove that the
Commonwealth coald obtain fair trial
Of The case in Madison County, and that
he would be greatly preiudieed by It's re-
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