The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-14

verdict at the court room.
Z. Major Nicely said that he had attend
ed the argument in the Frank case
before the United States Supreme
court. He pictured how the mob sur
rounded the jury at the Atlanta trial
and yelled at them, II you don't hang
Frank we will hang you" Such justice
he intimated was the type Of what re-
suits In Georgia courts.
Major Nicely reviewed the remarks OF
the county officers which he contend
ed let Commute under the impression
that he would be dealt with leniently.
Major Nicely dubbed the confession as
"cold blooded" tactics. He contended
that the State had not kept the
faith" and that 1t was fraudulent
act. He wanted to know how Commute
could; have understood anything else
but that leniency could be held out to
him when one Of the county officers
had said to him that 1t was ito his best
interests to tell the truth" He con-
tended that the State was descending
to species Of practice that had not
been used since the dark ages and
claimed that 1t was a fragrant abuse
of Official power" Major Neely cited
on Iowa case where 10 months had
elapsed between the original and the
subsequent confessions, which he said
was 200 times as long as the time in the
Commute case. !. That court held that
the defendant had not been removed
from these improper influences"
Prosecuting Attorney Haggerty then
ripped up some Of the cases cited by
the defense. He tore apart number
of the citations given by the defend.
ants attorneys. Mr.. Haggerty Con.
tended that each and every case must
stand on the circumstances. He cited
California case as his authority. At
this juncture Judge Raymond told the
prosecuting attorney that the question
for discussion was not in regard to
the truth" statements, but about best
interests" Attorney Haggerty com.
mented on the Frank case and said
that he had read the testimony in the
case and that be felt sure that he was
IS guilty man."
Aside from ALVEY clash between
MAJOR Nicely and Prosecuting Attorney
Walter r. Haggerty the Commute muir.
der trial. passed along smoothly with.
out event on Thursday afternoon. CT.
tations galore were read to the court.
Every court in eche states" was quot.
ed from and when one case was cited
effort would be made by the other side
TO refute It by offering case from the
came state. Despite the tedious discus
sion Of the fine points Of the law the
court room was packed with 400 PEG.
pc, the first day when any big public
interest was apparently manifest. The
gallery for the first time had some Of
the fair sex seated thereon. r.
In the long list Of citations one from
North Carolina was mentioned. The
defense tried to prove the length OF
time that elapsed between the original
and subsequent confessions. No def.
mite time was mentioned, but the cities
were named. Judge Raymond stated
that he was familiar with the location
Of the towns and could form an opin.
ion as to the time. He visited in that
section frequently. The case mentioned
lis that Of the State OF North Carolina
VS.. Drake.
Court opened this afternoon at 1880
O'clock with Sheriff A. NJ. Glover on the
stand. The Jury again started to hear
testimony. Sheriff Glover testified
that he found several II guage yellow
I colored paper gun shells under cherry
tree on the Henry B. Morgan farm.
Assistant Prosecuting Attorney
Charles e. Miller was called and tes-
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