Hide Article Text (OCR)
Judge Directs Verdict of Acquittal for Negro CCC Workercour'Tfrees p “ ~ * DEFENDANT IN HOMICIDE CASETrial Co 111 es to Abrupt End With Dec si on That Charges Are Not Sustained.The trial of William G. Patrick, 19-year-old colored CCC worker, came to an abrupt end late this morning when visiting Judge Chester D. Fetterhoof announced his intentions of directing a verdict of acquittal on all charges against the defendant.Patrick, who stood trial at Holli-daysburg for the fatal shooting of an Altoona colored youth, Thomas L. Benjamin, in this city on May 27, last, was freed of murder and manslaughter charges to climax his two-day trial.The judge’s decision came after arguments by District Attorney Chester B. Wray and defendant’s counsel, Samuel H. Jubelirer, were heard by the judge for two hours | this morning.Pleaded Self-defense.The first intimation that a direct- i ed verdict would be the outcome of I the trial came last night when Judge Fetterhoof informed counsel for both sides that he would hear arguments at the resumption of the trial this morning on whether or not the evidence supports the indictment against Patrick.”The jury did not come into the court room this morning as Messrs. Jubilerer and Wray argued pro and con on the merits of the case. The defense contention as cited by Mr. Jubilerer was that Patrick was going to suffer great bodily harm and hence was justified in self-defense.” Mr. Jubilerer also pointed out to the court that if Patrick’s fear is unreasonable then this case should go to the jury. If not, then this case , is not for the jury to decide.”Believed Patrick Aggressor.Mr. Wray in opening his argument said that he could only pre- : sent the facts^as they were before him and of course felt that while the evidence was lacking in certain ( of his points he was still of the j belief that Patrick was the aggres- ( sor in the encounter with Benjamin. ‘ The judge pointed out that it is my duty to decide the quality and the quantity of the evidence and to decide whether or not we should J direct a verdict. I find that the charges against the defendant have not been sustained.”Patrick wept as he was told by his counsel of the meaning of the t court’s action. He manifested calm i interest in the proceedings of the c past several days in the court room s and for the most part sat, with * downcast eyes and his head resting c on one hand. Only when questioned ' by the defense attorneys, Samuel H. t and Bernard Jubilerer, did the defendant respond with any show of t spirit.It was 11 o’clock that smiling and 1 overjoyed Patrick walked from the f court room freed of the charges re- « suiting from the death of Thomas 1 Benjamin. The judge also ordered f release from the county jail of Leroy Blackstock, John Royster j *and John Payne, colored youths! and companions of Patrick in the I CCC camp near Philipsburg. This: trio had been charged with aiding and abetting the shooting case.Jury Is Completed.At 1.50 o’clock yesterday afternoon, Mrs. G. W. Clark of Lake-mont, widow, became the fourteenth and final juror found acceptable to both sides in the trial. J Shortly before, Wesley Endes, Frankstown township carpenter, $ was approved as the thirteenth or * first of two alternate jurors in the JOther jurors constituting the £ twelve men good and true” in the Y trial are Thomas W. Pooler of Altoona, J. W. Wertz of Duncansville, 8 Bernard C. Frank and Herman J. c Frank, both of Hollidaysburg; (Continued on page 2, column 1) {
Newspaper Details
Altoona Mirror
Altoona, Pennsylvania, US
Sat, Jan 13, 1940
Page 1
Full Page
Clipped by
Anonymous
USA 07 Jun 2025
Other Publications Near Altoona, Pennsylvania
Altoona Mirror
Altoona Tribune
Altoona Evening Mirror
Evening Mirror
