The Leon reporter. (Leon, Iowa) 1887-1930, 1903-08-27
PRAY GETS ONE YEAR ]
Judge Towner Sentenced Dick Pray
to | Yearin the Penitentiary--
Gives $1,000 Appeal Bond.

Judge H. NJ. Towner and reporter w.
M. Hyland arrived Monday evening
about 8 o'clock on the belated X. & w.
freight and going at once to the court
house opened special term of court for
the purpose of sentencing Richard
Pray, of Grand River, who was convict
ed at the March term of court Of arson
for setting fire to By Bays livery barn
in the town of Grand River. At the
tire Pray was convicted his attorneys
filed motion for new trial alleging
errors. chief of which was the
fact that one of the jurors who had tried
the case had married relative of BY
Bay, the prosecuting witness. Judge
Towner took the motion under advise
ment and while here two weeks ago
passed on the motion which he over
ruled and set Monday Of this week as
the time for sencence.
When court openened Judge Towner
asked the defendants attorneys if they
had anything to say to the court. c.
w. Hoffman one Of the attorneys made
few remarks in the course OF which he
said he firmly believed that the defen-
da st was innocent of the crime charged
against him, and that if the case had
been'tried before an impartial jury they
woald have found him not guilty. He
asaed the court on account of the de-
PENDANTS family who would be the
GREATEST sufferers to make the sentence
a Ashts one and that the ends of Justice
had been fully attained.
Y. r. McGinnis, who was also an at
torney in the. case said the case had
been fully presented to the court in the
motion for new trial and all the points
fully set out to the court in the motion
for new trial and he did not care to
further take up the time of the court,
but was willing for the case to stand on
the record made.
Judge Towner said that in oyerruling
the motion for new trial he had taken
extraordinary pains to examine all the
points raised in the motion, for they
We're of such character as to demand
cSgeful consideration. He had examined
the authorities quoted and was satisfied
the defendant had had fair and impair
tial trial, had had every possible chance
given him and his attorneys and the
latter had done everything in their
power for him. There were no errors
in the trial of the case which should
entitle him to a new trial, the jury had
passed on the evidence submitted, found
the defendant guilty and there was
nothing for the court to do but to pass
sentence. He realized that in this case
as in many others the burden falls
more heavily on the family of the ac-
cused than on himself, but it became
the duty of the court to punish hi m
under the law.
He told the defendant to arise and on
asking Pray the usual question as to
whether he had anything to say, Pray
simply said "You've got the wrong mar
That's all I've got to say
Judge Towner then sentenced Pray
to be confined in the state penitentiary
for the term of one year at hard labor
and fixed the appeal bond at $1,000.
The attorneys for Pray Immediately
filed notice of appeal to the supreme
court and he gave the required bond
with Amsey Kirkpatrick and Port Wood
ard as sureties which was approved
and the defendant is at liberty pending
the appeal.
The lightness of the sentence caused
considerable surprise to the large
crowd who h;.l assembled to hear the
sentence as nearly everyone expecte i
the sentence to be not less than three
years and many predicted that it would
be five years at least. This case has
attracted widespread attention and at
the time of trial it was predicted that
the jury would either hang or acquit
the defendant for the reason that the
evidence was mainly circumstantial and
hardly strong enough to secure CON
vi ;tion.
''At Pixies Peak"