East Oregonian : E.O. (Pendleton, OR) 1888-current, 1920-10-04
Vigorous Attack Resumed on
Strongest Points for C0nviC-
tion in Murder Trial of Ker-
by and lack Rathie.
FIGHT CENTERS ABOUT
CHARGE OF GRUELLING
Tales of Alleged Cruelty are
Again Related and Subse-
quently Declared False;
Judge Suggests Probe.

A vigorous attack on the states
strongest points for conviction in the
trial of Elvie D. Kerby. alias Jim
Owens, and Jack Rathie was resumed
this morning when the trial of the two,
charged with completely in the murder
of Sheriff tn Taylor July IS. was TAX
en- up. The state completed its testf-
mony about 10 o'clock and rested the
case.
!. The defense is centering its fight
about the testimony of the five defend
ants in the case. which, IL alleges, was
made under duress when the men
we're taken before the grand jury.
The defense is endeavoring to prove
that confessions of completely in the
jail break were prompted by fear in
stiiled after a tortuous and gruelIfng
third degree on the Saturday night
following the murder. when all five
were returned captive to the county
jail after man hunt that surpassed
in magnitude anything in the annals OF
Oregon crime.
Cruelty Tales Related
Tales of alleged cruelties were again
reated today bv Kerby who was again
examined on behalf of the defense Al
cne jInctnre this morning District All
torney r.. I. Keator made a motion to
the court that Kerbys story of the
third degree be. not allowed as testf-
mony. The jury was excused while
the motion was argued and Judge @.
w Phelps ruled that the testimony
would bs allowed.
A short, stout detective from Port
land whose name Kerby said he does
not know. is the man he accuses or
having administered the third degree.
Ammonia was forced in the lips OF
The men and they were struck ana
badly treated by this man and fellow
officers. Kerhy told the court The
story he unfolded. following his dis
closures of Saturday. We're listened 70
With bated breath by a large audience
# men and women in the court room
Judge Suggests Probe
After allegations Of the erueities
lad been made on Saturday. Judge
ohelps suggested from the bench that
n Investigation should be made and
he truth or fals'ty of the charges es-
ablished- He told District Attorney
leator that the accusations were good
for a grand jury investiga-
ion. Officials in the sheriff's Office,
rom Sheriff Taylor down the line. de-
lare that the story is framed.
Ben f. Yong. called this morning
y the defeIiAe after the state had rest
d its case, declared that he was in
he jail on the night of the capture OF
he jail breakers. Unusual cruelties in
ne handling of the men as they were
uestioned were told of by this witness.
inis Kirkpatrick, who said he was
Iso in the jail that evening. denied
nowiedge of any such measures as
re alleged by Kerby.
sheriff Tells of Delivery
% ~, 80
a Grande to bring back the two most
esired prisoners. Bancroft. alias Neil
art, and Kerby. on the day Of the
snture. denied charges of cruel treat
ent on the way over. The sheriff
Id his deputies delivered both the
en- safely into the Jail here despite
lie mob that surged about eager to
t hold of them. All five were placed
fely behind the bars.
The state called Guy wyrick to the
and this morning and he retold. in
tai, the story Of the encounter In
e back room OF the sheriff's office
(Continned on mage 81