The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-13
Two MORE CONFESSIONS OFFERED AS
EVIDENCE IN COMMUTE MURDER TRIAL
Court Ruled Out First Confession Offered Which Was
Oral and Prosecution Promptly Offered Written
Statement Which Commute Dictated, Corrected
and Signed

! Exclusion OF the oral confession in
the Walter Commute murder trial was
the most Important dey siopment sd Tar,
button the heels Of that today the State
endeavored to introduce the subse-
quent confessions Of Commute. There
has been a flow of legal citations ever
since the discussion on the "alleged
confessions" started in which every
turn and twist In the case is treated.
Major Nicely is striking hard and is
apparently trying to dynamite the
States case against the co-defendant.
Attorney Meredith for Commute, and
Prosecuting Attorney Walter r. Hag-
ferty and Assistant Prosecuting Attor-
Eey Charles E. Miller are also submit
ting plenty of legal points. 1t is proba-
tle that the court will rule on the sub
sequent confession this afternoon.
Argument as to the two alleged
confessions" made. on Tuesday, Sep
TENDER 1S-three days after the crime
was introduced this morning in Cir
cult court before Judge Raymond. AS
sistant Prosecuting Attorney Charles
Z. Miller was called to the stand for
cross examination. He testified that
Commute had read over the comics.
s:cns and after having made several
confessions had them read to him by
Mr.. Miller. Commute. Mr.. Miller testi.
fled, made several corrections. After
these were corrected the confessions
were read to Commute and he said they
we're correct and he signed both of
them. Attorney Miller claimed that
tie alleged confessions" were free and
voluntary.
Major Nicely asked Attorney Miller
IL he had not asked Commute II he
would tell what he knew or whether
he said: II think you will do the right
thing by him" Attorney Miller de.
MED making these statements. He
also denied remarking that co-depend.
ant was a man OF MEANS" Attorney
Miller testified that he told Commute
that the co.dependent was trying to
get a man named Frederick and anoth.
g. man named John Knight to try and
tell the officials that he (the code.
fendant) was with them that night,
thereby proving an alibi.
L. B. Holbert, court -stenographer,
testified that he recalled the two. con.
fessions made by Commute on Septem.
Der IS. He was permitted to have a
-witten statement to fix the exact date.
Mr.. Holbert said when he came into
the prosecuting attorneys office he
heard Commute reply: ."All right II
that is the way he (co-defendant) is
Getting then I'll make a abatement" At.
torney Miller denied that he had of.
fered any immunity to Commute or in.
duced him to make a confession when
he was recalled to the witness stand.
Attorney Miller was asked by Major
Nicely II he had not said that the CO.
dependant was "a man Of means" At.
.orney Miller said that he made the ref.
.erence but 1t was at night, while the
confessions were made earlier in the
day.
Walter Commute was recalled to give
testimony as to the alleged subsequent
confessions" Commute claimeds that
he made the confessions on the under.
standing that he would be protected.
He claimed that he was told that his CO.
defendant had plenty OF money and he
was laying it.on his shoulders. Con