Graham guardian., 1914-02-06
FEBRUARY 6. 1914
CHANGE OF VENUE

Ii Is getting to be the popuIal
thing now when one gets into court
to circulate q petition for change oj
venue. In doing 80 the claim Il
made that fair trial cannot be sc
cured ON account Of bias and preju
dice.
II this is true; if it is impossible
to secure a jury that will not render
verdict according to the law and
evidence presented in case, it looks
very much as II our courts are not
needed. and if this latter is true.
then there ere conditions arising
that are sure to cause serious appre
hension for the future in the minds
of Law. abiding citizens in our county.
We realize that in certain cases
arising from alleged violations of
the prohibition law, like cas- ths.
have been tried in another county
by change Of venue, that the doubts
existing in the first instance may
prevail again and a trial on new
charges sought again elsewere.
There may be reasons for asking for
q change Of venue in cases of this
kind on account of doubt by de-
fendant to secure fair trial. for
the reason Of publicity given to
charges, biased opinions and preju-
dice, and such defendant is protected
in all his rights by the change of
venue law. The evidence to be Civ
en- in the court Of first instance
would hold just as good in the court
of second instance and defendants
must be satisfied with decision.
The conditions arising In the
above cases that bring about petit
tions for change Of venue, can hard
ly be said to prevail in other cases,
such as one coming up in this term
of court for chicken stealing. In
this case the defendants take ad.
vantage of the change of venue law
and petition to have their trial in
another county, thus putting the
county to great expense.
It does not seem reasonable that
in q case Of this kind a condition of
bias or prejudice can exist, or that
q fair trial by jury cannot be Be-
cured. The evidence must hold in
in any court, and IL it is good, it
must be convincing and lead to fair.
ness in securing decision.
1t Is not fair to the people Of this
county TO have any law on the stat
ute books that operates against the
best interests of the community or
that makes a farce of the court.
We must preserve and uphold the
law and punish the guilty. at the
same time giving the defendant
every protection for his rights. 1t
is not the fault of the people II he
is caught in the act of breaking
law, and when he is, he must stand
the consequences.
A man caught robbing q house in
New York. City could hardly ask for
q change of venue to Albany because
he stands In fear Of conviction IL
the case Is tried in New York City
and the man who caught him rob-
bing his house should testify against
him.
The change Of venue law is a good
law and should be made to operate
fairly. 1t should not be used for
the purpose only Of causing great
and unnecessary expense to the peo-
pie. for il prejudice is alleged. there
must be just as much prejudice
against q lswbreaker Of this class in
any other jurisdiction.
II certainly cannot be sustained
that the court In this county is
prejudiced against alleged chicken
thieves or common lawbreakers. or
that a jury could not be secured to
render q verdict on the Law and evi.
dencs, bsssuse Of bias or prejudice.