The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-12-14
COMMITTEES WRITTEN confession
IS ALSO RULED OUT BY THE COURT
Judge Raymond Holds That Young Defendant In Murder
Case Did Not Make His Statement Voluntarily
Wealth of Law is Quoted.

Holding that the same influences
were in effect when Walter Commute,
made his subsequent confession as
existed at the time OF his first or oral
confession. Judge Raymond at noon to-
day ruled it out and as o result, the
jury trying Commute for the alleged
murder of John Hayhurst and Fernan.
do Thorn will not be able TO consider
the matter. 80 .s:.
The court said that he has followed
the prolonged legal discussion with
much interest. He emphasized the i'm.
rortance of the matter in its relation
t0 human liberty and that the matter
was not trifling one. He commented
on the long string OF citations on the
subject. II have listened to citations
all these books you see to my left
and those you see to my right have
referred TO-" said Judge Raymond.
He commented on ruling out the
oral confession on the strength OF "in-
iluences being brought to bear upon
the accused" Judge Raymond re-
ferred to the well recognized princi-
pies OF law on the subject and that
there was little variance in courts In
these kind of cases. At some length
Judge Raymond commented upon the
importance of unfolding the law, but
at the same time he was OF the firm
impression that the same influence
that had been setsin motion" at the
time of the oral confession was still in
effect at the time Of the second, or writ
ten, confession. He commended that as
Commute was not warned that this
would be used against him" that 1t
would not appear that the written con.
fession was freely given or was of an
involuntary nature. The court con.
sidered the fact that between thirty
five and forty hours had elapsed be-
tween the two confessions, but believed
tilat remark from Assistant Prose-
cutting Attorney Charles E. Miller in
regard to the co.defendant presumably,
which caused Commute to say, .'if
that's the way heis acting yl'll-make a
statement" was of an influencing
character.
The court in his opinion comment
ed on the term, hest interests" re-
ferred to In the case. The court asked
the question, How would his best in.
terests be in beng placed on trial for
bis life?" WAS that better than to
remain silent; do not think that the
use Of the language that it was to his
best interests and 1t would be better
to tell the truth would imply any.
thing else but leniency- and that, he
thought, his best temporal interests
would not have been best preserved
l,y making a. statement"
The court scontended In his opinion
that no evidence was produced TO snow
that hope had been dispelled or that
Commute had learned that what he had
eaid would be used against him." In
conclusion the court said that It held
that Commute was under the same in.
fluences on September 1S, that were
operating on September 16. when the
cral confession was made. 81 hold
that the subsequent confession was
Involuntary and not admissible. =
Attorney James A., Meredith this
morning cited several Alabama cases.
One OF these. he contended was in the
dark days of the Civil war when Sher.
mans march to the sea was taking
place. but despite that fact the. su.
.lreme court of Alabama had the cour-
age to give this opinion in favor OF the
defendant who was slave girl. He
eontended that Georgia opinions previ-
ously cited were not highly regarded In
legal circles and deferred to the mis-
carriage Of Justice in the Leo Frank
case. The defendant was languishing
in jail when the jury brought in the