The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-19
Boy Goes Back To
Jail to Face Trial
For killing
Hayhurst
.VERD|C7|NQU|CkT|ME
Strong Arguments Featured
Closing Hours of Hard
Fought Action.

mot guilty" was the verdict return.
ed by the jury in the case Of Walter
Commute, charged with staying Fer.
nando Thornfi last evening at $685.
O'clock after celebrating twenty-five
minutes.
at the close of last nights trial
Commute after the court session was
returned to the county jail where he
gill have to await the charge Of slay.
ing Harvey Hayhurst, but this case
will not be tried before the next term
oil circuit court.
COMMITTEES trial began on Monday
afternoon of last week. The case
. was opened at 1880 a'clack but "a leg.
nj point" developed at the outstart.
Three or four big hats were made in
the actual taking of testimony. The
first was made on the admissability
which were later ruled out. Later an
argument arose as to what could be
testified to regarding the information
got through COMMITTEES confessions.
Then on Monday afternoon the testi.
mony as to the bloodhounds was argu.
cd and barred. Later In the afternoon
The case again proceeded and progress
sed until 1t was given to the jury last
eight.
&he final arguments were not con-
rmded late yesterday afternoon and
Judge Raymond decided to get the
case out Of tho way for the Morgan
trial today so he called a night ses.
sion. Shortly after z o'clock Judge
Raymond took his place on the bench
and Commute was brought from prison
ind assumed his customary seat be.
side his father. 1t was apparent that
the father was very much affected by
Major Neely's address and his refer
snce to Commute as the poor miners
boy. The father had tears in his
eyes and nervously stroked his cheeks
with his fingers. Commute as soon
IS he came into the court room was
rather cheerful and it was apparent
that he was unconcerned as he crack
ed broad smile. Later his demeanor
brew serious as prosecuting attorney
Haggerty flayed the guilty parties in
The crime.
Beyond the rhadow of doubt Prose.
cutting Attorney made the most sorrow.
ful speech of his carrier in the prose.
cutting attorneys office. 1t was Wig.
Lrous throughout and comment in the
court room generally was laudatory.
at 1886 o'clock the jury returned a
verdict Of not guilty, the foreman,
Cyrus Hall, of Paw Paw district, tur.
ming the document over to sheriff Clio.
rer who forwarded it to Circuit Court
Clerk WILTON S. Black. who read it
aloud.
There was no demonstration. Up.
IN the reception OF a favorable yer.
dict COMMITTEES face lit up and he
smiled while his attorneys and others
gathered around to shake his hand.
Major NJ. NJ. Nicely addressed the
Jury at 7:10 o'clock. He told the
Jury that their responsibilities were
great-saying whether the defendant
snail live or die. He commented the
tounty officers upon their zeal in the
cases, but he felt that the defendant
was not guilty. Major Nicely then read
the Law as to circumstantial evidence
and as to Its tratement with care and
caution"
Major Nicely endeavored to show
that Commute had proved an allbi BY
the states own witnesses. Miss Alice
Morgan testified Commute was at
home at $3.50 o'clock. Charles Mus.
grave had testified that the crime
was perpetrated between $3.50 and