The Detroit times., 1912-11-18

lmany cases bearing on change OF
venue. He said that there had never
been Michigan case, -put squarely
up TO the supreme court" He went
far back into old English law, quoting
a case OF Lincoln, England, 10 prove
that II change we're granted, II would
have TO be from Judge Phelan,s court
7 to the Wayne circuit court. and no
where else, 'vicinage OF the offense
alleged" was interpreted TO mean
the adjoining county"
He quoted decision by Justice
Cooley, OF the Michigan supreme
court. In the case OF an Alpena lum.
herman, arrested on a charge OF tres
pass on state lands In Alpena county,
and arrested and jailed In Mason coun.
ty, and released on habeas corpus
False arrest proceedings later follow.
+ ed. and Judgment was rendered and
appealed. In affirming the damages
Justice Cooley declared that the old
state law under which II was permit
ted to take a trespasser into any
county which the land commissioner
or the encouragement might desig-
Justice Cooley referred to 1t as "op-
pressive, unwarranted by the constitu.
ton, and utterly Void adding: "Of
what avail Is mans reputation II he
lis taken from the midst of his friends
into a community where he Is known
only as the defendant 70 a presump-
tuous crime"
The decision also referred to the
heavy cost, which made 1t impossible
for q poor man TO get justice, and
would ruin q man ia moderate ciretm-
stances.
Quotes Presque lsIe Case.
In Pressure Isle homicide case,
which was also quoted, Attorney Nc
Namara had acted as prosecutor. He
said change OF venue was asked for In
that casS, only after he had spent
three weeks in looking for Jurors,
only to learn that there was not a
juror to be obtained in Pressure Isle,
and after Satisfying the court, and
even the defense, on that point
II was the case OF a man who had
colonized Pressure sls, and was later
killed by some OF hin colonists, every
man in the sparselT settled county
having a decided opinion on the case.
Attorney Mcnamara read the
names Of the 70 citizens who made
affidavit that the defendants could be
given fair trial by an imparti2. jury
in Wayne county, each stating in his
affidavit that while having read the
accounts OF the bribery cases he
could render fair verdict on the evil
dence.
"Mr. Barlum was formerly mem
Ter OF the jury commission, too" re-
marked Judge Phelan as Thomas Bar
lum's name was read.
The prosecutor has said tina. any
enc who asserts an impartial jury
can be obtained for these defendants
is not in his right mind" said Attor-
ney Mcnamara. Does he mean to
ray that Mr.. Blackwell, Mr.. Holmes or
any of these other business men,
whose names and affidavits ] have
read are not In their right minds? He
says We need a change OF venue.
think what we really do need Is a
change OF prosecutor. He warts to
get jury that will convict. That's
as far as he seems concerned in these
cases.
Slaps at Shepherd.
Time after time the supreme court
las said that the prosecutor repro
sents the defendent as well as the
state. Mr.. Shepherd is not the state,
although he has the idea that he Is.
The same news that has been print
ed about the defendants In Detroit
Eas been circulated throughout the
state. II these defendants are taken
TO another county the people will say:
There must be something mighty rot
ZEN about them IL they can't ever get
fair trial in Detroit, and they will
convict them on general principles
rhe prosecutors sole motive in this
matter is to satisfy his personal van
ity."
Attorney III. G. l.. Forler. represent
ing Aid. Mason, and Attorney
Thomas Chawke, representing Aid,
Provo, spoke briefly along the same
Ines as Mcnamara. Attorney Hunt,
representing Aid. Rosenthal, was not
ready to speak and the court then al.
iourned until Tuesday morning. when
Mr.. Hunt will make his argument.