Evening journal., 1897-12-18
PRATT MURDER RECALLED
C. K. MCDONALD WANTS FEES UN.
CLAIMED SINCE 1867.

MADE HIMSELF KNOWN TO DEP |
UTY CLERK OF THE PEACE JAN
WEIR AT THE COURT HOUSE
THIS MORNING, BUT THE LEVY
COURT MUST CONSIDER HIS
CLAIM, WHICH IS VALID.
This morning a respectable-looking
old man walked into the office OF the
clerk Of the peace and introduced him
self as C. X. Mcdonald. of Johnstown,
Pa He said that in 1867 he was a wit
ness for the defence In the case of the
state VS.. Joseph w. Pratt, indicted,
tried and acquitted, by reason of in
sanity, of the crime Of having murder
ed Joshua Pusey Smith, on Seventh
street, in this city, for alleged intimacy
with his wife. The visitor said that he
had never received his fees for service
and did not know exactly how much
was due him, but he was willing TO
Take the same amount that was paid
to his friend, Joshua Menough, a
prominent citizen of oxford, Pa, who
was also q witness for the defence. Mr.
Janvier consulted the docket and
found that Menough had received
S3.44. Mr. Mcdonald said that he was
I'm town at the time of the trial and
went on the stand with the under
standing that If Pratt was convicted
he was to get nothing, but, If ac-
quilted, he was to receive his fees from
the state. He left New Castle without
collecting his fees and was in VIII
mington several times between that
time and 1880. but never had time 10
spare to go over to New Castle to got
them, the Court House being there at
that time In 1880 IL was removed to
| Wilmington, but the visit OF to-day,
which was to attend a funeral, was the
first since the county seat was changed
from New Castle to this city. AS proof
of his identity he offered Philip Plum
kett, president of Central National
Bank
MIR. Janvier, who satisfied himself
by the records that the mans story
4 was true, Add him that3the niattei
would have to be referred TO the Levy
Court, as some lawyers held that In
the payment of fees a clerk of the
peace could not 90 back of his own
official term, but promised TO give the
matter his earnest attention. Then thu
visitor departed.
This murder trial was one Of thf
most celebrated i'm the annals Of the
state. It came Off at the May term
3 1867 The state was represented by
Jacob Moore, of Georgetown, attorney
b general, and Anthony Higgins. as dep
: uty encouragement. Thomas r.. Bay
ard, Of this city, and Wayne McVeagh
of Philadelphia, were the lawyers fOi
the defence. The plea that they set uI
was insanity.
The jurors were Walter Pierce
o James Gray, Albert j. Lyman, Charles
n r. Clayton, Marshall Yeatman. Josepl
e Lefevre, William Il. Riggs, John +
| Hurlock, George w. Smith, John II
Todd, George Townsend and William
\ w. Brooks.
Chief Justice Gilpin presided at tn
= trial. There were forty-fOur witnesse
t. for the state and seventy-nine for thu
Il defence. Chief Justice Lore was on
4 of them. The crime was committed oi
"a April 20, 1867, and Pratt was acquitted
on May 80, 1867.
q Deputy Sheriff George Reed says tina
! he was over at New Castle on the las
] day OF the trial.
Speaking of the dagger with whicl
the crime was committed, he says
y was a beautiful weapon, bearing tn
y inscription: Never draw me without
cause and never sheathe me withOu
g honorm After the acquittal Pratt wen
West and, it is said, met a violen
. death.