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

the prosecuting attorneys office af-
ter Commute was arrested. Today the
witness, the defense claimed, said
he was there all Of the time.
Assistant Prosecuting Attorney
Charles E. Miller was recalled and
testified that he thought that Mr..
Haggerty was in the prosecuting at.
torney's office all of the time. AS
sistant Prosecuting Attorney Miller
admitted that Commute was in the
prosecuting attorneys office from the
time he was arrested until he was
placed in Jail. Deputy Sheriff Ed.
ward Slack was called and he was
asked il he urged Commute to con.
fess and also whether the boy had
confessed prior to the time Slack
went fol COMMITTEES father. He testi.
fled that he said to Commute, II he
knew anything he ought to tell all
he knew. f
Walter Commute, the sixteen.year
old defendant, was called to the
stand. He swore that Deputy Sheriff
Slack invited him to tell anything he
knew about 1t. At the time he reach
cd the prosecuting attorneys office
he still declined to talk. He told Of
being taken to the private room and
claimed that these officials-the pros.
ecuting' attorney, assistant prescott.
ing attorney and sheriff all advised
him to make full confession because
1t would be easier for him If he did
tell all he knew.
Commute was asked II he would
have made statement if he knew it
would not have been easier for him.
To this he replied mo" One of the
officials he said told him that he
heard the co-defendant say my
word is as good as the boys refer.
ring to Commute. He also testified
that the co-defendant had money and
was going to shift the whole respon.
sibility upon him (Connutte). He
claimed that the officers did not send
for his father until he had made his
statement. Commute at length told
how the sheriff told him that he be-
lieved he was innocent and had shot
into a tree. He testified that Sheriff
Glover had twig of tree in his
hand, which was believed to have been
blown off with shell shot wildly
from COMMITTEES gun. Commute swore
that he made the statement on the
strength Of the promise, ut will be
easier or better for you" Commute
said he thought he was witness.
Prosecuting Attorney Haggerty
tried to get Commute to admit that
he. tHaggerty), advised him to tell
the truth and not that he had been
promised immunity. The boy further
claimed things were to be made cas-.
Ter for him.
Commute swore that he was under
cross-examination for three hours.
Prosecuting Attorney Haggerty en-
deayored to show that Commute did
not make confession until after his
father arrived.
w: e. Conway, Of Montana Mine
testified that Deputy Sheriff Slack
said to him, 81 don't think the boys
guilty" and later I'VE can't get the
boy to talk and the prosecuting At
torney sent me after you" He re
called his visit to the prosecuting at
torney's office and how that office,
placed him behind closed doors Ac
cording to COMMITTEES father. the Of
fetal told him that from the stata
ment made to Mr.. Miller he was
satisfied that the boy was not guilty I.
The boys father testified that he he,
leved his son was only held as a
witness in the case. Mr.. Commute
said that he came into the city ID
secure.an attorney to defend his son.