The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-13

ing man" or statement Of similar
import. The sheriff did not recall that
he answered these questions, but de.
MED fatty that he had. coerced or
urged Commute to confess. The de-
Tense tried to inject a. little shazes,;in
the face that Connutt 'ss father was not
summoned until the boy had confessed
tc, being implicated in the crime. Sher.
If Glover insisted that he used no CO.
|ercion. The defense wanted to know
Deputy Sheriff Ed Slack activities in
the case, as he made some of the ar.
rests. .ssi.
In continuing his testimony Sheriff
Glover said that he told the officials
and added that "he might as well tell
it." The sheriff was recalled by the
State and said that he may have said,
that 1t would febetter for. him ICON.
nutte) II he would tell the truth" but
emphatically denied that he urged a
confession. The defense showed that
Commute was questioned In the front
office Of the prosecuting attorneys OF.
flee and later he was grilled in the pri.
yate room in the rear. Major Nicely
asked the sheriff II he or one Of the
other officers had not said, hes weak.
ching boys" During the course Of the
discussion of truth, Judge Haymono
Gryly said that the sheriff. admonition
was good advice" but intimated that
1t could not be Interpreted to be coer.
cion. F'5.
Assistant Prosecuting Attorney
Charles E. Miller was then called and
lie was put under cross.examination as
to the so-called third degree" appli.
cation to Commute. ! He admitted that
he had Commute III. the rear room, but
that the confession was not procured
by. force. Attorney. Miller said tina.
Commute told him that he was tired
and he wanted to go to bed, saying that
he had not slept the night before. At
this juncture Attorney. Miller swore
that he said to Commute: that 4ou will
not sleep tonight either" ,Testifying
further he. said that Commute added
that he would make no statement that
night, but might say something the
next day. Then Attorney Miller said to
Commute. were there more than two
Of your" He replied, there were only
two" Mr.. Miller then said, according
to his testimony, was the .Keyser
boys one of them?" To this Attorney
Miller said Commute; said The would
not say that he was or was not.", Con.
tinuing Attorney Miller then asked
Commute "if one of his companions was
old or young" To this Commute should
have replied, "he wasn't very young"
At this juncture Mr.. Miller said he
went to the front office on a "pretext'
to get glass Of. water, but really to
tell his fellow officials that Commute
was making certain statements in re.
gard to the case. Later Mr.. Miller tes.
titled that Commute made a. statement,
which was reduced to writing. Attor.
ney Miller denied that there was any
promise Of leniency or immunity or
that any threats had been made.
Overloaded with the third degree.
sensation another important phase Of
The case was the testimony Of Miss
Alice Morgan. The State had expect.
ed, 1t is understood, to adduce a story
OF great Importance from her.. Her
story yesterday was not in accordance
with what she. said IN the grand Jury
room, is was claimed in certain circles.
The State was handicapped In that It
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