The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-11
|CANNUTTE GOES ON TR|A[ FIRST FOR
Staying OF THORN AND 'HAYHURST
Jury Was Obtained This Morning With Comparatively
No Trouble and Only Fifty-two Men Were
Called in Securing the Twelve.
INV uIlNT[Dp W[p[ mt WANTED IN INV
FOX HUNTERS WERE NOT wanted IN BOX
Only One Man From Paw Paw District Was Accepted
Two Men Were Excused Because They Had Con-
scientious Scruples-Morgan Trial Thursday.

No doubt the big surprise in the Nor
Een-Connutte murder trial today was
the comparative ease with which jury
was secured. Only fifty.two men were
examined by the court and 1t was 11:49
when the necessary twelve jurors were
occurred. Then the attorneys carefully
sized up every Juror who had answered
the necessary questions in assatisfac-
tory manner. Before adjournment at
noon today the jury was complete in
Its numbers.
Walter Commute will be placed on
trial at this afternoons session. He
end Morgan who were indicted for IA
tally shooting two fox hunters, Fer.
nando Thorn and Harvey Hayhurst.
Effort was made by the state to try
the men Jointly, but they demanded a
separate trial. One Of the points
brought out in tho examination OF
jurors was whether any of them were
I foxhunters. Two said that they were
and were dismissed. The personnel OF
the Jury shows that six of the twelve
are from Warrington, both side ap-
parently desiring to secure just as
many from a scene as far distant as
possible from Paw Paw district. Only
One Of the jurors is from Paw Paw.
It was 11:49 when the jury was Sc
1ected and those not chosen were told
to take seats back in the court room.
The court then explained to the jury
men their duty and the care and eau,
ton they should use to avoid CONVEX.
sation on the subject.
The case against Morgan will be
Z tried Thursday afternoon, 1t is thought.
"A severance Of the trials means that
the defense may possibly offer certain
testimony that 1t may not be other
wise allowed to do II the men had been
tried Jointly.
With the temperature mounting to
Is the Circuit court room was warm
enough today to begin the Morgan.C Con-
Mute murder trial. 1t was 1920 o'clock
{ this morning when Judge Raymond
: convened court. Prosecuting Attorney
w. R. Haggerty was at his post early
and Congressman M. M. Nicely, who is
defending Morgan, and Attorney
James A. Meredith, COMMITTEES .coun.
sci, were seated at the defense table.
It was $500 o'clock when Morgan and
Commute filed into court from the jail
I IL the custody of county officers.
!. Morgan appeared to be bright and
bad a happy demeanor this morning.
He puckered his lips together at times
inst as though he was about ready to
whistle. He glanced about the front
3 OF the court room and sized up the
Jurors as they passed to and fro in the
bar enclosure to their seats. Both
men displayed interest when Judge
Raymond asked the assembled jurors
whether you or any Of you are op.
Dosed to the infliction Of the death
penalty II the evidence should war.
rant 1t beyond all reasonable doubt"
Both Commute and Morgan sat quietly
and did not converse with each other,
although they sat side by side.
Prosecuting Attorney Haggerty said
that the State would try the Joint in.
dictment No. Q, which charges Willie
G Morgan and Walter Commute with
numbering Fernando Thorn and Har.
yey Hayhurst. At this juncture Attor.
Eey Nicely asked that the men be tried
separately, which resulted. Prosecut.
ing Attorney Haggerty elected to try
Commute first.
When Judge Raymond was asking
who had conscientious scrupies two OF
4 the Jurors said that they did not hear
the Judges remarks. This necessitat.
cd IN Judge Raymond conducting al,
auditory test at the bar of the court.
The general result was that both men
naid they had conscientious scruples
and could not serve on the jury.
The jury was selected with great
3 care. Judge Raymond at length asked
the jurors II they had formed an opin.
Ion and whether they were related to
eny OF the murdered men, relatives to
any Of the fox hunters in the party that
night or Il there were any for hunters
among the jurors. When this question
was asked two men stood up-C. II.
Ridgway, Fairmont. and Ellsworth r.
Price, Paw Paw.
There were SO jurors Of the specin
{ yenire Of 100 called. Twenty.four were
excused because of being opposed to
capital punishment and eight had az.
pressed an opinion.
The court excused all Jurors of the
special yenire opposedsto capital pun.
iShment who had SO expressed them.
selves in court, today. All of the other
Jurors OF the special venire were ex.
cused until Thursday afternoon at !: 80