The evening Republican., 1902-07-12
NEW. TRIAL Fl.
:. FOR PRATT.

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West ches.er, Pa, July Sll.-
William H. Pratt, who, after a
sensational trial at the February
term Of Court, was convicted of the
murder Of bis vile. has been. given
another chance for his lie. In an
opinion handed down ty Judge vii.
liam Butler to-day, coinc,ded 10 BY
President Judge Hemphill. the con.
demned man has been granted a
new trial.
The opinion is an elaborate one,
and the new trial is granted solely
on the ground that. contrary to his
sworn statement at the time he
was drawn on tho case, Juryman
Armstrong expressed the opinion
that he believed Pratt guilty. In
concluding It's opinion the Court
says: -4. '--.- "
Here it transpires that Juror
Armstrong, who on his volr dire
assured the defendant that he had
formed or expressed no opinion
touching his guilt or Innocence.
had in fact within less than a week
expressed positive prejudsment
that the defendent was guilty If
the juror had made the fact known,
his disqualification would have
been manifest, and il the Court had
refused to sustain the defend ants
challenge for cause permitting the
juror TO sit gross error would have
been committed, and on appeal to
the Supreme Court would inevitably
have reversed Judgment entered
on the verdict. lhr 1'a1 .sf,1
p" That Armstrong was admitted to
the jury box, not through the Court
requiring the defendant to accept a
declared incompetent Juror, but
through his failure to make his dis.
qualification known when questioned
on the subject Is lmmaterlal. The es.
sentiat matter is that without fault
on the defendants part he was de.
prlved Of an opportunity to have the
incompetent jurlor excluded from the
jury box, and was convicted by a jury
one OF whose number had prejudged
the case and was absolutely ineligible
to sit on the trial. ..
An added cause for regret that the
deic1dant's q righG of challenge should
have been materially prejudiced. and
that mlStral thus results, is the
consideration that in all other re.
spects his interests were, we think,
duly guarded, aud the verdict could
not have been successfully assaled on
any other grounds. Both members of
the Court regretfully. but unhesitat.
lngy; as a matter of clear and per-
emptory duty, recognize the neces.
slty OF according the defendant
new trial.
The trial which resulted in the
of Pratt covered a period
)f two weeks and cost the county
over $4,000. The Commonwealth
Ease was conducted By District At
forncy Baldwin and Alfred p. Reid,
md the defendants counsel we're
Thomas W. Pierce and William NJ.
Hayes. The case was bitterly fought
IN both sides from start to finish.
1t was said to-day that Pratts
lttorney will ask for change Of
'enue, and if they get 1t it will take
he case to Berks County. They
lain that the prejudice here is so
trong against the prisoner that a
air trial is utterly impossible. If
hey should succeed in this it will
greatly increase the cost OF the first
rial. and it is predicted, will reach
he 5000 figure, matter that will
Ne anything but pleasing to the tax.
'ayers of Chester County.
District Attorney Baldwin says the
'ourt's decision was great surprise
o him, and lie intimatcs that il a
hange OF venue should be secured he
viii ask the Court to delegate some
ue else to conduct the trial. lie
avs he can see no reason why it can
ot be tried at the October term
ere.