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Pot re yee + 7 Ee oh egg, ie nye cnr te Ne eet a Mea at or ahd en a x \ , e o"r a tee wre 2 3 ea 5 4 ith 6022.26, J. Ke. Fale ot al. oo et (deceased) and Henry Gramnor (deceased) with the mrder of .. Ee Snith, ws 9 Fronted severance and his trial was set for May 24, 1926, at Dowhuske, “Klee, A in tie Jturs Court of Usage County. Trial of Ernest Burkniry oontenss. om el itay £4, 1525. 4 Ponel of 60 veniremen wers drawn. 13 Based on information obtained by Special Agents of this Buresu of 14 Hale's influences to bribe this panel of 60 vaniremen, on presentation of 15 these facts by the prosecution, the Court immdiately discharged this ?irst 16 ene] and ordered @ new rénel of 100 veniremen drawn, from which a jury was obtained to try Ernest Burkhart. a ™ha trial progressed until June 9th at 10 A.if.e, at which time Defen BO ant Ernest Burkhart appeared and stated in open Court that he wished to 21 Mdisctaree counsel representing him, consisting of Haviltos, Springer, Zowrd, 22 Freeling, et al, end sdvised the Court that henceforth he would be reoresented 23 by Attorney Flint Moss; that he wished to withdraw his ples of not guilty 24 to the murder of VW. E. Smith and in lieu thereof enter a ples of guil.,. 25 Before accepting his ples of Guilty, Judge Wvorton que stioned Burshart .l1t5 26 reference to the trathfulness of his previous statements mds from tas witness — 27) stand tc the effect that Government dgents Waite and Smith had used force -8 and duress in obtaining confessions from him. Burkhart stated that all 29 previous statements made by him on the witness stand were false and untrue 30 and that the only Guress used by agents White and Smita wes the fact that 31 they kept him up long hours at night and questioned him. Burkhart further 32 advised the Court that he had not been promised imrunity from prosecution 32 for his partizinction in the murter of 7. E. Smith, Henry Rocn, et al, and 34 that ell nis confessions regerding same w2re made voluntarily. The “wrt 75 then announced that Defeniant Surxhart's plea of Guilty of the murder of 2 W. E. Scith was accepted, and that be would impose sentence on Jme Zl, : ie ‘1926. The Court proceedings in the trial of Ernest Burkhart were baited. 39 TESTLIONY CP ERE SE aU BART, We Ke HALE, A ' . ‘ORELSOR GIVEN IN ™ ‘7, OF TES Snare CP ae ER + ere LR 42 ———" * During the trial of Defendznt Ernest Burktart, be testified on whe 44 witness stand that Special Agent in Charge ‘Thite and Special Agent Snith 453 © 6¢orced from him confessions with reference to the murder of W. E. Smith and 46 family and Henry Roan, end used force and duress, keeping him up at late 47 tours, applying electricity in the form of an electric prod pole, placing 48 yevolvers against his body and other manners of cruelty; that statements 49 were not read by him, but written by Agents and presented to him and ne 39 forced to sien them. 51 52 (M11 of the above, Defendant Ernest Burkhart later stated wore ea false and untrue) . During the trial or Defendant Ernest Jurkhart, W. Ke Hele testivied 36 a3 a witness in a dramatical manner that Special Agent in Cherge Wnite and “' Qpaciel Agent Smith used force and duress by plecing him in en eiectric ; 25 chair with a black cap over his head, with revolvers at his ribs, mB f es vos : - ‘ Ps