The Washington herald., 1919-08-17
STUDENT JAILED FOR MURDER
OF GIRL DROWNED IN LAKE
CONTINUED FROM PAGE ONE

| OoNIlNO tD fhOA PAGE ONE
others had touched them save to
bring them ashore to give into the
custody of Sheriff Charles Green. It
was the mute testimony OF the trou-
sers that figured in the holding of
| the young Cornell sophomore for the
| grand jury.
A score of witnesses were exam
| ined, including six members OF the
| party which went with Fether and
Miss Crance to a dance at the Glen
wood Hotel the evening of July 10.
| and then the attorneys started their
| arguments.
1t was evening before District At
torney Adams asked that Fether be
held.
Asks for Fether's Dismissal.
A. W. Feinberg, Fether's counsel.
moved his clients dismissal on the
ground that no proof that a crime
| had been committed had been Of
fered. and that If a crime had been
perpetrated no evidence had been
submitted to prove that Fether was
the guilty party. He cited the Rulofr
case, in which the doctrine OF cor
! pus delicti" was established. He de-
| clared that in the absence of the
girls body there could be no proof of
crime.
II agree with counsel for the defen-
dant that the finding of the body is
| necessary for a conviction" said Dis
trict Attorney Adams. But 1t is not
! necessary to warrant this court to
hold Fether for the grand jury. I ad-
NIT that the evidence have present
ed must also be supported by the
finding Of the BODY"
1t was at this point that the hopes
of Fether and his friends rose. Later
the district attorney seemed to quail
~ his argument and his agreement
with certain points regarding the
Ruloff case. This precipitated a sharp
battle OF words.
Says No Evidence of Murder.
Peter F. McAlIister. associate coun-
sci for the defense, shouted:
In all my years OF practice never
before have I seen such a procedure.
/ The district attorney has charged
murder. He charges that Fether bru-
tally murdered Miss Crance. He
/ charges in the information that It
was done with beating. bruising or
strangling or drowning her He asks
you to hold him in Jail without bail
for first degree murder. Yet he rises
in this very court and admits that he
has no evidence on which he can hope
for a conviction. He adds that he
will not ask for an indictment by the
grand jury. but he still asks the court
to hold the defendant. would be
false to my profession if I did not
rise to decry this method"
Fcther's inscrutabIe expression was
broken for an instant by a faint smile
at this attack on the district attorney.
! Then II was that his fraternity
friends, expecting him to be freed i'm
mediately, left the room to tune" up
their cars to carry him away.
/ Fether Refuses to Plead.
All the confidence possible seemed
buobling from Fether as he rose in
| response to an invitation by Justice
| Williams to make any statement he
| chose. But he only said:
Il have no statement to make. NY
| position is in the hands of my coun-
| sell"
( Fethar is a slender, tall and sinewy
( youth Of q. His eyes are deep blue,
/ his hair short cropped and sandy On
/ his upper lip is the down of a mus
! taChe recently started. His neat gray
| suit. natty blue tie. soft collar and
! general weIl-Eroomed appearance
( stamped him more Of a college dandy