East Oregonian : E.O. (Pendleton, OR) 1888-current, 1920-10-02
Attorney Argues Motion. to Dis
allow Testimony of Grand
Jury Member, Holding Con-
.feSsi0nS Were Coerced.
WIFE OF DEFENDANT
FAINTS IN COURTROOM
Use of Ammonia to Make Pris-
oner Talk and Inconsistent
cies in Repetition are Charg-
ed as Trial Opens.

Accusations OF third degree meth
DDS used in wrInging confessions tton,
rit-''' D Kerby and Jack Rathie. on
trial for tile murder of Sheriff Til Fay
.s.l ,;.s rs were made in court today
by Attorney Charles BoIin, appearing
for Kerry. The attorney occuple a
portion or the morning arguing a mo
I tion to disaIlow testimony Of Robin w.
Fletcher. e member of the grand jury
that Indicted the five prisoners Kerr
hy, Rattle. Bancroft. Stoop and Pae-
tcrscn. on the ground that their Wi
untary st.fcn.si T. before that boay
were prom. ptcd y coercion and unlcr
dun eSx.
The attorneys stand was one OF the
biggest points :. dc thus far in the
fight to save any CT the four who have
asked fer trial Mr. Boiin accu sasl
Sheriff Tayls.r sru several Of his dap
uti,s cf having i.-cd extreme netho1s
10 b.ir. a.~,Gt the confessions of sosu-
spiracy frrm The prisoners Use ~
ammonia to make Kerby talk was al
legged
Two Sensations Sprung
Two sensations were sprung on the
court this morning. one when Mrs
Serby. young wife OF one Of the de-
PENDANTS. collapsed and had to be car
ried out Of the room and attended by
a physician; the other the motion of
the defense on the admission of grand
jury testimony. alleging that it was
inspired by third degree Punishment
Mrs Kerby swooned while her hus-
band was relating the manner in
which he alleges he was treated by Of
ficers in order to wiring a confession
from him. The story was one of alieg-
ID cruelties and. coming as a surprise
o the wife, overcame her She was
lot aware that her husband was to be
allied TO tell of events of that nature.
lis testimony having been called att
r the jury was excused.
The court room was well filled with
women this morning and more ap-
'eared this afternoon. having heard
f the turn of events. Many men were
, the packed room but the front
eats this afternoon showed a COM
ortahle majority for the women.
Attacks Others Testimony.
Mr.. Bolin attacked the testimony of
primer Deputy Sheriff Jake Marin on
le ground that it did not conform to
lat which had been previously given
lr. Martin has appeared before the
and jury and the trial jury several
mes and even the change of a word
as challenged by the defense's coun-
Il.
Evidence that a hard fight is to be
ade on Kerby and Rathie has been
resented from the state by Mr.. Bolin.
e has fought far harder than did ].
LAWN, who defended Stoop and
anderson. and it required 81 men to
examined before a jury could be
Torn in. Both the state and the de-
nse exercised the limit of their per
nptory challenges before a jury was
tanned finally at $40 last evening.
Taking of testimony was begun at
lock this morning when court was
Lqed to order and several were heard
fore proceedings were interrupted by
e defense's motion that the grand
~ testimony be not allowed Court
s adjourned for noon recess without
IS motion having been finally dispos-
of.
voluntary Statements Attacked
The testimony of Mr.. Fletcher.
hieh has been heard in the cases OF
nmett Bancroft. alias Neil Hart, and
irwin L. Stoop and Floyd l. Hendeh-
n, related the voluntary statements
lde before the grand jury by these
when examined. Neither
tConfinued on mage -