Majority
p. 203Messenger vs. Holmes. August 21.
Headnote
The venue will be changed on the ground of excitement, after two ineffectual attempts to obtain verdicts in the county where it is¿laid.Motion to change the venue on the ground of excitement prevailing in the county where the venue is laid. There had already been two trials in the cause and no verdict, the juries not being able to agree.
By the Court,
This case comes directly within the principle stated by Mr. Justice Marcy, in Bowman v. Ely, 2 Wendell, 250, as that which should govern in applications of this kind. When it is found by actual experiment that a fair trial, or, as in this case, no trial can be had in the county where the venue is laid, the motion, on the ground relied on in this case, will be granted ; but otherwise not.
Motion granted.