The Barre daily times. (Barre, Vt.) 1897-1959, 1911-01-31
A REPRIEVE
FOR JORDAN
Was Granted Today On a Writ
OF Error
CASE GOES TO U. S. COURT
The Basis Is Claim for New Trial on
Ground That Juror w. A. White
Was Not Sane at the Time
Jordan Was Convicted.

Boston, Jan. Chester S. Jordan
who was convicted Of numbering his wife,
lIonora Jordan and sentenced to be cleo
1 trocuted during the week OF March IL,
was granted reprieve to-day on o writ
OF error. which action will send the case
to the United States supreme court. The
latter court win determine whether the
superior court erred N adjudication OF
4 the motion foT new trial, based on
ithc ground that one Of the Jurors, Willis
4 IS. White, was insane at the time of the
j trial.
4 The writ OF error raises the questions
whether The superior court erred in re-
( fusing to grant a new trial and in ruling
that, by fair preponderance of the evi-
dence, Juror Waite was sane when he
the sanity OF the juror so found by a
/ fair prep0nderance OF the evidence. salts.
/ fes the l4th amendment to the federal
constitution and the 18th article TO the
state bill Of rights, relating to the dc.
priving OF man of his life or liberty
without due process of law.
/ II is the contention Of counsel, Harvey
| H. Pratt aud Charles W. Bartlett. on
behalf of Jordan, that man is entitled
to trial by = sane jurors and that if
| there is any reasonable doubt instead
of by a fair preponderance OF evidence
as 10 the jurors sanity, the juror Is
1 incompetent to sit.
They also maintain that II there is
any uncertainty lying between the de-
/ gree OF evidence sufficient to establish q
decision by fair preponderance OF evil
dence and the degree requisite to deter
mine the matter beyond a reasonable
doubt, then that uncertainty is sufficient
to render the juror incompetent.
The sanity of juror White was first
brought into question after the jury had
returned a verdict. Immediately the de-
Tense moved for new trial on the
ground that the juror was insane at the
trial The trial judges gave a lengthy
hearing, at which many witnesses were
heard. Incidents in the life OF the juror
were related with view TO establishing
the claim that he was not Of sound mind
at the time he sat on the panel
The government claimed he was sane
then, but that his mind became affected
subsequent to the verdict. His insanity
after the verdict was conceded, because
he was committed to an asylum. but
whether lie was sane when he sat at the
trial and mp to the time the jury reached
n verdict was in dispute. Aienists were
called BY both sides
Finally the trial judges determined
that by a fair preponderanee of the
evidence White was sane at the trial,
80 that he was not incompetent to serve
on the jury
The supreme court sustained the con
tention Of the defense that Jordan was
entitled to trial BY y s3ne men. but
held that it was purely a question Of
fact whether the juror was sane at the
trial and unless there was plain error
in the ruling of the trial Judges on that
issue the court would not disturb It's
adjudication.
The appellate court held that it could
see no error in the determination of the
trial Judges that the juror was. BY \
fair preponderance OF the evidence, sane
at the trial