
    Martin Hemingway vs. Franklin Spaulding.
    A defendant moving to change the venue, must show in his affidavit, that he has stated to his counsel what he expects to prove by his witnesses, in addition to the statement of their materiality generally.
    
      Motion by defendant to change the venue.—The defendant’s affidavit upon which he moves does not state that he has stated to his counsel what he expects to prove by his witnesses, which he swears are material on his defence.
    F. U. Fenno, Lefts Counsel. F. U. Fenno, Lefts Atty.
    
    C. Stevens, Plffs Counsel. . W. E. Webster, Plffs Atty.
    
   Beardsley, Justice.

The affidavit is defective. Motion must be denied with costs. Rule accordingly.  