East Oregonian : E.O. (Pendleton, OR) 1888-current, 1920-10-08
Sentence Passed by Judge at
$50 This Morning as Priso-
ners Stand M0ti0nless Before
Crowded Room.
TWO LAUGH AND JOKE
ON RETURN TO CELL
Motion for New Trial Denied
and Court in Pronouncing
Fate Declares no Shadow of
Doubt Left as to Guilt.

- - y " - - y - " y - = y -
Five sets OF handcnffs were =
> laN cut at the county jail today =
> for use tonight when five prison =
> ers. four of them guilty of muir =
= der in the first degree. will be =
= started on their way to Salem.
= The wholesale shipment to the .
. state prison includes Elvie d.
Kerby and John l. Rathie. un- >
: der sentence to hang Dec. 3; ,
c Floyd Il Henderson and irwin >
: Leroy Stoop under sentence Of .
= life impr sonment. and Albin .
= Lingdren sentenced to four years =
for forgery. The first four nam >
= ed were convicted in connection .
= with the murder OF Sheriff TIL =
= Taylor.
Sheriff w. r. TAYLOR and >
= Deputies Glen Bushee and Will
+ liam III. Lyday. will have charge =
= of the five men All five will be ,
: handcuffed and all save Lind
= gren manacled as well.
Eivie D. Kerby and John L. Hathie
will pay for their part in the murder
of Sheriff TiIman d. Taylor by hang
ing at the Oregon state prison on FRI
day December g. Sentence was passed
BY Judge q. w Phelps at s:2O this
morning before a crowded courtroom.
Standing with arms folded and face
emotionless, Kerby heard his death
Anell pronounced with only a twitch
OF the corner of his mouth. Rathie.
half slouching. with hands in his pock-
cts, neither batted an eye nor twiched
a muscle of his face as the booming
words were heard. On being returned
to Jail they laughed and joked. appar-
emily showing no sign of remorse for
their crimes.
New Trial Denied
Motion for new trial for the two.
made by Charles BoIin, representing
Kerby in the trial and also Kathie to-
day, was denied by Judge Phelps prior
to the passage of sentence. Mr.. Bolin
is taking steps to file an appeal.
Neither f. j. Clarke nor p. NJ. Collier,
local attorneys appointed by the court
to defend the two prisoners. appeared
this morning. Phone calls were sent
out for both but Mr.. Clark failed to ap-
pear and Mr.. Collier had gone to Her
mission. Mr.. Bolin announced that ne
was appearing for both defendants In
making the motion for new trial.
The affidavit filed nv the def9nee
in support of his motion for a new
trial did not name any jurymen guilty
of improper procedure nor did II In
other manner give the state an oppor-
tunity to file counter charges, Judge
Phelps explained in denying the n.0-
ton. He said that he was not aware
of error by the court and that all pos
sible precautions had been taken to in
sure regularity of proceedings.
Judge Addresses Prisoners
After waiting nearly 10 minutes for
the arrival of the other attorneys. the
court asked Mr.. Bolin If he had any
thing further to say before sentence
was passed The defendants were
then required to stand as they were
charged by Judge Phelps
..In passing sentence on a case of
this Kind it is at best a most Disagree
able duty for the court" Judge Phelps
said. "ft is more so in case of first
degree murder. 1t Is almost intoler-
able for the court to pass the death
r,A,aItv If the slightest doubt of the
guilt of the defendants exists.
The jury in this case has found
you, Elvie d. Kerby. and YOU. John L.
Rathie. guilty of murder in the first
degree. BY your own statements TO
the COURT and the grand jury. you
have proved beyond shadow Of a doubt
your guilt of murder rim the first de-
gree.
No Shadow OF Doubt
you were found guilty Of deliber-
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