East Oregonian : E.O. (Pendleton, OR) 1888-current, 1920-10-08

ate and premeditated murder in the
Killing of Sheriff Taylor. You were
committing burglary of the sherifcs
office by stealing guns and pistols.
During the commission of this felony
the sheriff was shot and killed. Under
IL the law you are guilty of murder COM
mitted during the commission OF a
felony.
"In convicting you the state took
what / consider a roundabout course,
iyet one which left no doubt as to. your
/ guilt. 1t would have been possible for
the state to disregard the fact that you
committed this crime of premeditated
murder and convict you for the COM
mission of murder while committing
burglary
The two defendants, attired fin blue
overal1s and wearing their suit coats,
stood almost without emotion, while
the Judge was thus charging them.
Kerby Kept his arms folded, Rathie
had his hands in his overalls pockets.
At Kerby's right was Deputy Sheriff
Glen Bushee. On the left of Rathie
was Sheriff w. r. "Jinks'' Taylor.
brother of the man for whose life the
two are to pay with their lives.
Leaves No Alternative
"By your acts you have left trail
OF misery and sorrow, both for your
own relatives and for the relatives Of
the sheriff." the court continued. "It
is my advice to you that you each
make such reparation as possible in
your few remaining days as will fit
yourselves to meet your untimely end |
The law leaves the court no discre- |
ton. 1t is the sentence of this court |
that on the third day of December,
1920, i'm the state prison at Salem, you 1
shall be put to death in the manner by
Ia VI provided"
Two Never Whimper
As the fatal words were pronounced,
first for Kerby and then for Rathie.
.he two never whimpered. The corner
Df Kerby's mouth was screwed up n
bit as the muscles tightened- Rathie
'aised his eyelid bit as his sentence ,
vas passed. The courtroom was still. II
Judge Phelps gave the sheriff 20 |
lays in which to deliver the two men
o the warden of the penitentiary to
prepare them for execution. They
probably will be taken to Salem soon
,r, the delivery being planned for as
oon as the death warrants and other
'apers are prepared.
Court Room Packed
Every seat in the court room was
occupied and all the standing room
vas filled at o'clock this morning
hen the prisoners were brought in
md the court called to order. Attor-
ley Bolin filed his motion for new
rial and after a five minute session
n it. Judge Phelps made his denial.
lime was lost while the court awaited
he arrival of one of the local attor
eys in the case and after a 10 minute
clay, the sentencing was proceeded
nth. After the sentence, which was
assed at 9:20, the two prisoners were
AIKEN back to their cells They were
'earing Oregon boots and the clink
( steel could be heard as they put
heir right feet forward. The crowd Y
eld out. .of the court room apparently II
itisfied with the course of events. II
Appeal Would Nullify two verdicts
The appeal. IL allowed by the su II
RENE court, will automatically nullify III
lie verdict and sentence of Floyd Hen III
eTSOn ana IRWIN L. Stoops ueleiiuthtS III
the case who were give terms of life
following their being
,und guilty by a jury last week. The
ate, however, is prepared to carry
'rther the battle, if necessary.
Although the sentence this morning ii
ould be the last word in the legal
lttle to bring to justice the five Jail
the possibility of an appeal
ay drag out the case for many II
onths. Neil Hart, who admitted his
Iilt and was condemned TO die with II
1t the process of trial before a jury, II
-obably will hang as scheduled four II
eeks from today. on Friday. Nov. 5.
ist four weeks later the two men II
ntenced today are due to be execut- II
!. II is hardly probable that their II
ecution will take place at that time II
Hess plans now laid by persons who
I'VE interested themselves in the case
awry. tts III