Bullock

The defendant in this case asks for a change of venue, on the ground that a fair and impartial trial cannot he had in this county. The court, when satisfied that such is' the case, is authorized by statute to remove the cause to some other county, but the fact must be clearly and positively established. People vs. Bodine, 7 Hill Rep. p. 147. This rule is founded on good sense. As said by Chief Justice Nelson, ( 7 Hill Rep. 148 ) its practical operation will prove an essential check upen the facility with which these motions may be got up by the prisoner and his friends, from a too ready apprehension of undue influence—it will guard against any abuse of the practice by the prisoner, and at the same time afford him every rear sonable.means or opportunity of changing the place of trial, when undue prejudice and partiality really exist to an extent incompatible with a pure and wholesome administration of the law.

The mere prevalence of some excitement in a county upon the subject matter of a suit will not, of itself, authorize the court to change the place of trial. The court will not, from that fact alone,, infer that a fair and impartial trial cannot, be had; reliance will be…