The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-15
COMMUTE JURY
PREPARING FOR
WEEK END N CITY
Families Are Sending Cloth
es and Other Things to
Them.
MORE CITATIONS TO-DAY
Defense Seeks to Prevent
Use of Information Con-
Mute Gave.

Fighting 10 keep out all information
Cleaned by the State through the sew
eral confessions OF Walter Commute,
charged with numbering Fernando
Thorn and James lIayhurst, continued
today before Judge Raymond in Cir.
cult court. The defense is endeavor-
ing to make the State base its case ON
testimony independent of that cleaned
through COMMITTEES confessions. This
is the hardest fought legal battle In
the history Of Marion county. Never
have SO many intricate points Of law
been involved in trial here.
Tt p.defendant in the case will be
tried Immediately after Commute it was
announced today. The State figures
that 1t will take from three days to
week to try that case. The State will
have thirty witnesses.
Aside from few incidents the lie.
gal mill was working over time and CT
tations were mentioned by the dozen.
Files Of legal books grace the attor-
reys' tables and it Is self evident that
all Of those concerned In the case are
giving it their undivided attention.
The argument over submitting testi-
nony gathered through Connutte's
confession began Friday afternoon and
will continue today as the court told
the Jury to be in their places by Mon
day morning at 8 o'clock. The defense
was apparently troubled over the fact
that Sheriff Glover would testify that
the shells he found In the field were
similar to those found at the code.
PENDANTS home. There is another big
legal point involved on this testimony.
The defense is trying to make the State
prove that the guns in question were
the weapons used in the alleged homi-
eide.
Six days have elapsed in the Con-
mute murder trial and practically all
but an hour or more has been devoted
&c the citation Of points Of law" First
argument arose over the original con.
fession and then the subsequent con.
fession and later the admissability OF
certain evidence got from Commute.
Only seven of the States witnesses
have been examined in the trial prop
er up to noon and two Of these were
the prosecuting attorney and his assist
ant, who were obliged to go on the
stand to prove certain points.
Nothing very exciting broke today.
Jurors began to receive changes of
clothing from their homes and now and
then mother would think of dads pre-.
dicament and send him few nice red
apples to exercise his teeth on during
the dull hours of temporary confine-
ment in the rooms of the court house.
One Of the Jurors c. Lee Curry, of
Grant district, was Ill today and needed
medical attention. 1t appears that Mr..
Curry had cut above one of his eyes,
which began to give him trouble. The
court directed that DR.. H. R. Johnson
be summoned. 1t is nothing Of seri.
Gus nature.
Attorney Meredith cited the cases
OF the State of West Virginia VS.. Ed.
wards and that of the State Of West
Virginia vs.. Taylor.
Attorney Nelly cited Grafton XXI.
which is the case of Williams VS.. the
State Of Virginia.
The citation OF Skeleton" case
troke into the discussion today. The
defense have left no stone unturned.
Old English law. citations involving
murders on the briny deep and even
one Of Daniel Webster's cases have
been referred to during the past week
nj trial