The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-13
.CANhUTE PLACED
Continued From Page a.

{l<s7tfs 49, -.
could not contradict its own witness.
Miss Morgan will be recalled this aft
crnoon.
One OF the points that the defense
Brought out Tuesday was that it init
mated that one of the three officers
had told Commute that he might as we'll
tell his story because Morgan told 1t
: all and put all the responsibility on him
(Connutte). It is then that Commute
rave his confession. All Of the Off.
GERS denied this statement.
It was apparent that the State had
a not expected the court to rule out the
reference to the Commute alleged con-
fession in the opening statement on
i Tuesday afternoon. Immediately after
wards Prosecuting Attorney Haggerty
was obliged to use "Supposes' and
resorted to more wild and guarded
language.
Prosecuting Attorney Haggerty re-
viewed the trip Of the foxhunters to the
Henry B. Morgan farm In Paw Paw dis
etrict on Saturday night, September Is.
He pictured the little group of fox
hunters warming themselves around
the fire on this damp fall night. The
State then referred to the finding OF
the two yellow 12-guage shells. which
fit the shotgun Of Commute. He con.
tended that Thorn fell after the first
shot was fired. Commute, he contend
ed, then drew his gun and fired twice,
but was not in a position to state
whether the shots were discharged in
4 succession.
Attorney James A. Meredith, couu-
sci for Commute, then addressed the
jury. He commended that Commute was
not guilty of the murder. He said
that Commute was American born and
vas not a foreigner as some persons
were inclined to think. He said Con.
mute had lived in Marion county for
many years and claimed that Commute
cid not shoot anyone.
The first witness called Tuesday
was Charles Musgrove, one of the fox
hunters In the group on the fatal night.
He told how the party had gone on the
Henry B. Morgan farm in Paw Paw dis
trict having secured permission from
John Toothman, the tenant, to go there.
en-. Musgrove testified that he was
shot in the neck. The shot apparently
deafehed his ear. He believed that
only two shots were fired. He fixed
the time Of the shooting between $3.50
and 9.40 o'clock in the evening. He
WAS unable to swear whether the same
shot killed both men or not.
The second witness was DR.. George
Ycst, OF Rivesyille, who testified that
Thorn and Hayhurst died as result OF
Eemnrrhages and shock following gun
she'll wounds. DR.. J. w. Mcdonald,
former superintendent of the Miners
Hospital No. 3, testified that the deaths
Of both men were due to shock.
Miss Alice Morgan, sister of the co.
defendant, was called as the next wit.
ness. She said that she recalled the
night when Her brother and Commute
returned to the house. She was asked
= they had anything in their hands,
hut she did not recall that they had.
She SAID that they retired immediate.
upon their return. She was asked
. Commute told her anything about
!. me shooting on Sunday morning, Sep.
tcmber 16. To this she answered no.
She said that one Of the two men had
Put shells into the cupboard.
Sherih A. M. Glover was called. He
testified to the finding Of two 10.guage
FED papered shells and one 12guage
I yellow papered shell. The sheriff
y tMpre that certain shells exhibited
we're similar to those found on a farm
Hh9ut ~ feet from the location of the
trf kindled by the foxhunters.
Recalling Sheriff A. NJ. Glover
then court opened this morning, the
eetense cross-examined him in regard
r. the details Of the alleged confes.
tlon Attorney Meredith asked
Sheriff Glover II he had not told Con.
butte that he believed he YConnu.
let Fad nothing to do with the alleg.
ID crime.
gongressman Nicely endeavored to
s how that Sheriff Glover contradict
% himself Yesterday afternoon
&c sheriff testified that he came to