The Ocala evening star. [volume] (Ocala, Fla.) 1895-1943, 1913-11-04
CAN BE TRIED
IN MARION COUNTY
Circuit Judge Bullock Cpholds Coun-
ty Judge Smith in the Taylor
Carmichael Case.

" Judge Smlth In the Taylor.
Carmichael Case.
Before leaving for West Palm
Beach Monday afternoon, Judge w. S
Bullock decided that Judge VIM. E
Smith was eligible to try the case OF
the state against C. Carmichael, and
dismissed the petition of the defend
ant. Judge Bullock's reasons for
the decision are set forth in the fol-
lowing, which will be of considera-
BILE interest to all our readers:
In the Fifth Judicial Circuit Court
of the State of Florida, in and for
Marion County.
State of Florida ex rel, C. (Ed)
Carmichael, VS.. W. E. Smith, County
Judge for Marion County, Fla.
This cause came on to be heard on
the motion Of the respondent on a
motion to quash the writ of prohi-
bition heretofore issued in this cause
and the same has been argued by
Mr.. L. y. Green for the respondent
and Mr.. H. NJ. Hampton for the re-
lator.
The petition recites a prior trial
of the petitioner on charge of as
sault and battery on one George l..
Taylor, that resulted in a mistrial
and another trial now about to take
place. The motion of petitioner for
a change of venue On account of the
disqualification of the Judge and the
refusal of the same are attached.
The point argued is the prejudice
of the judge against the petitioner.
The petition which has a copy of the
motion for change Of venue as a
business engagements of the petit
toner as a liquor dealer and the
Judge being Of the persuasion op-
posed to such business and as a lead
terested in the termination of the
suit
The fourth ground of the motion
for a change of venue recites that
defendant is so odious' in the minds
of those favoring. Prohibition that
he cannot get a fair trial and in the
third paragraph states that George
L. Taylor, the prosecuting witness.
(the adverse party) has an undue
influence over the minds Of the in
habitants of the county and such in
fluence is such as to deny the de-
fendant fair and impartial trial"
should a jury be composed of those
favoring prohibition.
The cruX of the petition is the
Judge is interested and is prejudiced
against the defendant. The fact Of
the defendant, petitioner here, being
so odious in the minds Of the people
is only argued in connection with
the judges views as a prohibition
ist-indicating his prejudice against
the petitioner.
General statutes of Florida, sec
ton 1471, among other causes for a
transfer Of cause provides, 'on ac-
count of the prejudice of the Judge
of the said court against the appli-
can't or in favor of the adverse
party" and further ''or on account
of the adverse party having an un-
due influence over the minds of the
inhabitants of the county, This
section of the general statutes was
amended in 1907. chapter 5640, and
says: No Judge shall sit where he
is a party, or in which he is interest
ed, or in which he could be excluded
from being a juror by reason of in
terest, consanguinity or affinity to
either of the parties
When such application is made it
must fully and distinctly set forth
the facts upon which the same is
founded.
On the point Of the judge being
interested" and therefore is dis