The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-17
STATE SCORES AN
IMPORTANT POINT
IN MURDER CASE
What Commute Told Sheriff
About Shells is Admit.
ted as Evidence.
SHELLS ARE PRODUCED
Bullets Were Gouged From
Tree With a Knife,
Testifies Glover.

Partial admittance of the confession
OF Walter Commute, the defendant,
was allowed in the murder case this
morning before Judge Raymond in
Circuit court. This is the first stroke
that the State has made in the trial Of
Walter Commute. charged with Staying
Fernando Thorn and Harvey Hay
hurst.
Judge Raymond in his opinion this
morning permitted the fact that Con-
Mute told Sheriff Glover where to
find the shells to be testified to, but
that bare facts stood out by itself. Aft
er the court had given his opinion con-
siderable law was cited to back up his
position in the ruling.
Immediately following the decision
Sheriff A. M. Glover was recalled to
the stand and testified to certain ipfor-
nation he Cleaned from Commute as to
the shells. Prosecuting Attorney w.
r. Haggerty produced the shells and
they. were carefully scrutinized and
the 20" or naught marked on the end
in lead pencil marks was observed.
Sheriff Glover told how he found a
limb from one to one and half inch.
esin diameter shot from tree. Later
he discovered that some one had
eouged the bullets from the wood with
a knife. Sheriff Glover told at length
of tie finding Of twelve guage shot
gun. which has been freslT? oiled.
Attorney ]. A. Meredith questioned
Sheriff Glover about the topography
of the Henry B. Morgan farm with
which the official SAID he was not very
we'll acquainted.
During Saturday after the Douglass
case was cited, Attorney Norman men
toned in the case was we'll known in
Fairmont aJd was active here in Dem.
ccratic gatherings some years ago. He
was better known in these parts as
"Old Man. Norman.
Again Tied Up.
Another storm cloud broke in the
Commute murder case this afternoon at
O'Clock when the jury was withdrawn
while attorneys discussed another
point OF law This is the fourth point
that has been argued that way since
the trial began. More than a solid
week has been so spent.
The latest point developed was dis.
sent to testimony in regard to blood
hounds circling the Keyser home sew.
eral times. Major Nicely tried to
elicit this information from Sheriff A.
M. Glover. Prosecuting Attorney Hag.
gerty objected and the jury was again
withdrawn. Major Nicely said that he
had received this information as the
bloodhounds from reliable source.
Prosecuting Attorney Haggerty
claimed that the dogs had followed a
certain trail on which the wounded
foxhunters were taken over and were
later pulled off it. The state contend.
ed that evidence incident to the blood.
hounds was inadmissable. The court
at this writing is hearing argument as
to the point OF law. Prosecuting AT.
torney Haggerty is citing North Caro-.
lima law on the subject.
All jurors in the court room excent.
ing those engaged in the Commute
trial were discharged by Judge Hay.
mond until Wednesday morning. No
one has the slightest idea how long it
Will take to finish the case. Some
persons think the Morgan trial can
start Thursday. while others think
the entire week will be utilized for the
Commute trial. 1t is purely matter OF
conjecture.
@. Lee Curry, OF Grant district. the
Juror who has sore eye, wore a green
celluloid eye shield in the iury box 70.
day. WA ~