Show sc SCOTT n STORY IS Of USED Attorney Will Not Employ Ro Roberts Robert's erts ert's M Murder rd r Confession in inAI AI Appeal 1 cu CHICAGO JUl July 4 24 AP The AP-The The The confession of at Robert Hobert Scott recently recent recent- ly Iy sentenced to lite life imprisonment that he and not hia hiS brother who is under sentence to be hanged Oc October October October Oc- Oc tober 16 15 fired tired the shot which killed Joseph Maurer Maur r young drug clerk came ag against the advice of ot their attorney and will and will not be used in appealing to the state supreme court That was the statement today of William Scott Stewart who defended defend defend- ed both oth brothers in their various court app appearances rances excepting the first of ot Russell wh when n he was given the first of a a. series of ot three death penalties QUESTION OF JUSTICE The confession conCession followed the forecast forecast forecast fore fore- cast of ot Emmet Byrne and William Mueller assistant states state's attorneys who prosecuted Robert recently when he pleaded guilty to the slayIng slayIng slaying slay- slay Ing and was sentenced to life Imprisonment Imprisonment imprisonment Im Im- by Judge William N N. Gemmill In arguing against Robert Robert Robert Rob Rob- ert Scotts Scott's cross examination be beIn being being be- be In ing limited the assistant states state's at at- torney pointed out that should Robert Robert Robert Rob Rob- ert get a s sentence of ot less lees than death that judgment would be pointed d to In a further effort to save Russells Russell's life lite From the witness stand Robert replied to Judge Gemmill's q question question- Did you ou fire tire the fatal shot with an n I 1 did not Your lion Hon or r. r BELIEVED TOOL Judge Gemmill today stated his belief that Robert r remains the tool ot of his older brother one of ot the considerations considerations con con- which prompted the Judge to Impose the the prison s sentence rather jather than one one of death Judge Gemmill reiterated his beU belief f th thai tha Russell Scott was Maurer's rs r's actual murderer und and again chara characterized trim him as the most cold blooded killer h he had known in years upon the s S' S bench The confession n not not- t only was was without my authorization but was against my advice said Attorney Stewart toda today I told them positively to talk to tono tono tono no one Of Ot course this confession can play no part In an appeal to the supreme court That body decides only upon the trial record Mr Stewart revealed that he Is pre preparing an application for a n. writ of supersedeas which be hopes willbe will willbe willbe be granted and stay Russells Russell's tion The state supreme court will reconvene ten days before the Gate date set for tor Russell to be hang hanged d. d Mr Stewart will charge harge that Judge Marcus Ml A A. A Kavanaugh erred In not granting Russells Russell's appeal for tOr fora a 1 change of ot venue When ne he was brought before Judge Kavanaugh for tor a a. second sanity trial by Jury The first such trial resulted in Russell Russell Russell Rus Rus- sell being found Insane and sent to the state prison for the criminally insane His condition Improved and the second trial resulted in a ver ver- I dict which found him sane and nd sent him before the court coutt for a new death lien sentence tence |