The Archive · 1938

Mr. James Dewey to Try Again. Against Hines

Identical Charges Will Be Preferred in Next Trial

New York, Sept. 14.

Indicating that he was not discouraged by the verdict of a mistrial, Mr. Thomas E. Dewey, the New York District Attorney, today announced that he would try to bring James J. Hines, Tammany leader, to trial again at the earliest possible date.

The prosecutor said that he would use the identical indictment, charging Hines with contriving a lottery and conspiracy to conduct a lottery.

"Hines will be brought to justice," Mr. Dewey said.

State Supreme Court Justice Ferdiriand Pecora announced "with regret" on Monday that he would have to declare a mistrial.

Justice Pecora said his decision was based on objections by Mr. Lloyd P. Stryker, defence counsel, to a question asked last Satürday by Mr. Dewey.

Mr. Dewey's question to a witness, the Judge said, Purported to link Hines with the "poultry racket," and as Hines was chared only with involvement in the lottery racket, Justice Pecora said that he had to regard the question as prejudiciaL—United Press.

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