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VOL. II.
ROSEllUKG, DOUGLAS COUXTV, OKKGOX.
WKDXKSD.VY. MAIU'll I."., 11)11.
No. 110
LETTERS SHOW A DEEP INFATUATION
MUCH EVIDENCE INTRODUCED
Coroner's Jury Hears the Testimony of Many Wit
nesses to Monday Night's Tragedy.
A VERDICT IS EXPECTED
Roy McClallen. Who Fired the Fatal Shots That Killed Ben
Mahan, Appeared Before the Jury Says Mahan
Never Uttered a Word But Kept Ad
vancing When Ordered to Stop.
The coroner's inquest over the re
mains of the late li. A. Mahan was
resumed at the court house at
promptly 9 o'clock thiB morning,
with District Attorney George M.
Brown conducting the examination
of witnesses upon behalf of the state.
The court room was crowded
throughout the entire day. evidenc
ing in a measure, the interest mani
fest in the affair in this community.
Following are the witnesses exam
ined during the day and the gist of
their testimony:
Testimony of Attorney Cardwell.
W. V. Cardwell said fn his testi
mony that it was close to 1 1 o'clock,
and after the theatre, when going
down the street, he saw a man in the
middle of the street coming across
and step on the walk in front of
three traveling men, passing these
men and coming up to Roy McClallen
when four shots rang out quickly and
Mahan fell. On my asking who did
this. Hoy McClallen said: "1 did, Rill,
and had to do it in self defense. You
will find a gun in Mnhan's pocket."
The sheriff came along shortly after
and was told tp look for a gun.
which he did, and a Colts' nutomatlc
was found in the right hip pocket.
Malum Had . loves Oiu
Sheriff Quine was placed on the
stand and stated he went to the ho
tel after McClallen, who saw him
corning and came forward offering a
weapon and saying: "Here is the
gun." The weapon was produced,
which is a vest pocket edition of an
automatic. McClallen stated he was
obliged to shoot Mahan to save him
self, and added that if you search
tho body you will rind a gun in Mn
han's pocket, and he went hack,
searched the pockets and found an
automatic gun deep down in the right
hip pocket of the dead man. The
sheriff aid that Mahan had gloves on
his hands and believed they were but
toned tip. but could not say whether
the deceased had on an overcoat or
not.
Mahan Was Itetrenting.
George. R. Goodman said ' I was
coming down the street with my wife
when two hots were fired, and turn
In g a rou nd sa w a man leu v i ng t be
curb going Into the street from Mc
Clallen, probably five or six feet from
McClallen, who fired at the man, who
was going from McClallen. The
wounded man turned towurd the
curb, blood spurting from his nose
and month, coming near the etirb.
more blood gushed from his mouth,
and he fell by the curb.' On question,
by the jury, Mr. Goodman said the
last shot was tired wbHe Mahan war.
apparently going away from McClal
len. He noticed t hat wounded man
wore gloves and a sweater.
Oakland Man Near Scene. 1
D. S. Pensley, a resident of Oak
land, said he did not know the prin
cipals in the tragedy. Was about 7T
or mo feet away, lie did not hear
any words spoken until after t he
shooting, when McClallen remarked ;
that he would not allow anybody;
like that to run over me." I leard
nothing else except talking.
DMiked McClallen.
II. E. Steel on being called, said he
knew Hen Mahan, seeing him at his
office and in the Mahan plumbing !
shop. On question said Mahan had i
often curbed McClallen. speaking of i
him as a "dimmed coward" and using'
other such terms. Had seemed to
think McClallen had poi-ened Miss.
Sneichor's mind against hi in. being ;
the reason assigned for the tenns
applied to McClallen. Mahan talked'
so much about the trouble caused by
MrClallen's attentions to the girl that
it became tiresome, nnd witness said
he paid little attention to It. It was
.itft-T Mahan returned from Portland
that complaint wis made of McCfal
Vn' attention. Had seen the weapon
in Mahan's room. !"it did not know
If he carried it regularly. Could not
Fny If Mahan understood firearms and
roujd not say If he had ever practic
al spoofing with hi. gloves on.
Mr. MH'nrd, Mahnn'i Sister.
The lndv stated that c,e was the
? Uier of H-n Arthur Mahan. who
was born In Pulurh. Minn . S'i year?
ago. that both parents pro living,
that deceased came to Roaehurg two
years ago from Ala.k. Thai her
brother had owned an automatic pis
tol, which he always carried, in Alas
ka and when he went out nights In
this country. She knew Miss Speirh-
EARLY THIS EVENING
er, apd talked with her Tuesday.
(At this point the pistol was pro
duced and identified.)
Mahan's Coat Buttoned.
Chas. Tabor, of Glendale, testi
fied that he did not know either Mc
Clallen or lien Mahan. About 11
o'clock 1 came out of the theatre,
heard the. shots, and looking down
the street in time to see a man fall
near a pole, and as I stopped to see
who the man was, blood gushed from
his mouth. Mahan was dressed In a
dark suit, coat buttoned, and could
not state whether he wore gloves or
not.
Would lie Three Funerals.
F. B. Warner, called as a witness,
said. "I was acquainted with lien
Mahan, and also knew both men for
about two years. Had heard Mahan
state in a general way on numerous
times that he would get McClallen.
On inquiry of the jury as to what
Mahan meant by "getting McClallen"
witness said you know as much
about it as I do. He said that tho last
time he could remember of any con
versation on the subject was three
weeks ago, when Mahan and he were
riding in an automobile, Mahan re
marked that after he had made up
with the girl and she had anything
to do with any other man there
would be three funerals. Ho admit
ted that. McClallen was not mention
ed in this conversation nnd Mahan
may have referred to other parties
rather than McClallen.
Near Scene of Tragedy.
A. II. Granger, of Portland, stated
that be was in Hosehurg Monday
night, on Jackson street, about :iu
feet from the scene of tho shoot
ing. He. was with three other trav
eling men, whose names he did not
remember, except one. whose busi
ness was selling meat and who is
known- among the traveling men as
"Hutch."
Leaving the theatre they walked
down the street, heard two shots,
turned and saw a man circling in
the street, and two other shots rang
out and the man fell. The back of
the victim was not toward me. Did
not know from where or from whom
the shots came. Witness was about
liO feet north of the place of shoot-
lug. The witness could faintly recall!
some sort of exclamation. which j
seemed to come from the victim justi
an instant before the shot, which I
sounded very much like "don't" or
"stop". The most vivid recollection !
the witness had of the affair was the
motion of hand of Mahan. after the
first
his
iwo snnis were ii red, toward
pocket as if going to draw a
weapon, when other two shots nime, j lt,'i ed to-witness of Miss Spek-h; r.
and Mahan reeled and fell. Victim keying that us soon as she procured
seemed to be going toward the hotel , a divorce they would be married.
when two shots were fired, then he I . .
turned around and reeled toward the M,,,,'m 1,1 1 ,M'l,ln'-
curb and fell. j Kugono Parrot t said be bar) ir-u
Malm., Waind Jty McCl ,,. j M.Hnn " theatre Monday
. ' , night, but did not see him Ins de.
Walter C.ood. a barber, stated he , ... .
knew both McClallen and Mahan. In Street l,e shot.
With his wife he left the theatre just j Mrs. Good was called and stnUd
behind McClallen, and Miss Splecher. j that herself nnd husband were at
Just before the shooting Koy Mr- j the meat re Monday night. I Irani
Clallen said: "Stop, keep away from ; three or four shots. ' Wa ; n -ar or
me." or "Do not come near me," or: in front of the water nnd light
words to that effect. Saw the man i office. Mr. MeCli.ilen and Miss
shot at but did imt recognize Mahan .-K-lcher were just ahead on the
as the victim. Shots came fn veryv,alk. Thought she heard McClallen
rapid succession, and Ihe man stag-is:iy: "Do not come tht;i way." 'II. e
gored. Did not recognize any inter-: man who did the shooting was on
val between shots. Mahan was not the walk and the other man was In
on the walk at all. Did not see from
which direction Mahan came.
McClallen was at outer edge of
pavement. Mahan probably f.uir feet
from the curb in the street when tho
first shot was fired. Could not nay I whether Mahan's back, side or face
the men were exactly face to facet was toward McClallen when shoot
when the firing began, but Mahan ing occurred,
was staggering before last shot was! . - i
flr.d.
Hamuiftte On Stand.
,W. H. Hammitte took the stand f
and told of how the body was taken
from the street to th mor-me: that;
Mah:in wor a suit of dfirk clothes.
sweater, buttoned up. and kid glove j
that were buttoned. He
first wound fhat t'-red t h
'n nar
aecnnd one pavoj th rptu-v, rnuc
of right arm ant! bnii-ed wall of the
chesr, third vrazed right breast and
fourth entered back. oass-d through
main artery of b"art and lodged
again: breast bone.
donttnn Testifies.
Jack Oormnn stated lb it he knew
.Ma nan ana -Met lallen. He hed s-n j
Mahan the same day of tbe shooting . !
A I1HIF.F SLMMAHY OV MONDAY NIGHTS THAGKDY.
A brief summary of the evidence given at tho cornor's inquest
into the death and causes leading up thereto, of Ben Mahan show
that Mahan made no demonstration on tho night of the tragedy
toward taking the life of Roy McClallen. Testimony shows that the
victim had on a sweater buttoned up, his coat over It. also button
ed up. and gloves on and clasped. He was arjiied. but tho weapon
was In his right hip pocket underneath both Bweater and coat as
he came across the street. It was testified by Miss Speichor that
McClallen told her as they left the theatre that he was armed,
and as they came to the place of tho shooting Mahan was going
south at tho outer curb or two or three feet In the street from
the curb. No one saw McClallen draw his automatic pistol, but
It is presumed it was in his hand as ho approached Mahan, because
with the word "stop," the flit shot was fired. From the appear
ance of the wounds as described by Dr. Houck, the shot struck
Mahan tin the muscular part of Ihe upper arm, passed clear through
and bruised the chest wall beneath tho arm. Conditions of tho
other -wounds show that Mahan started to swing around to the
left, and a second shot grazed his breast bone. The third shot
must have been the one that entered the wrist, the victim stand
ing with his back to McClallen, the bullet ranging downward and
out at the palm of the left hand. The fourth aud fatal shot struck
the helpless victim In the back just to the left of the spine, rang
ed diagonally through tho body on a direct level, passing through
the pulmonary artery and upper part of the left lung aud lodged
back of the right breast bone. Other witnesses In n general way
hear out the theory that Mahan was in the street, that he turned
away from his murderer as Hie first shot was fired. Tho testimony
of nearly nil witnesses was to the effect that Mahan wore gloves.
One witness testified that just before the first shot, Mahan, evi
dently seeing the weapon as it flashed, said, "Don't."
Two witnesses have testified that Mahan had. In the past, made
the remark thnt he would "get McClallen,' also had made tho
statement that there would be "three funerals," but witness did
not say who Mahan referred to. Miss Speichor testified at yester
day's hearing that she thought the murdered man reached for
his pistol, but was not positive in this respect. Thus far, no
evidence has been Introduced to show that McClallen eyer mado
any threats against Mahan.
He said that a month nso he had
asked Mahan why the girl had notl
come to see him, and was told that!
McClallen had taken the girl. Miss
Speicher, from him, and that he. !
Mahau, would lick McClallen for it.
Matthews On Stand. j
Phip Matthews testified ho knewj
the principals in the tragedy, but was,
not present at the time of the shoot-!
ing. Was on the scene shortly after
shootinc and had remarked that 11
was "in-nbnblv fiver the Ctrl. 1
was "probably over the girl.'
!
Is Called To Sland.
Georgo Quine was again called to
the stand nnd stated that when the)
gun was taken from Mahan's pocket i
it w:m binder! u ml lh nufntv ol n t .-li
open.
Houck Testifies.
Dr. Houck was caltd and told of
seeing the body, and the number of
wounds. Said none of tho wounds
were fatal except the one In the
back, which causod death. Tho doc
tor stated that he had made a post
mortem examination of body, had
extracted the ball that caused death,
the missel being exhibited to the
jury. The bullet had pierced the
mtper oart of the left lung, cutting
ihe milmontiry artery, which canned
death In 5 or 0 minutes after the :
wounds were inflicted. The bullets
were of 2 calibre. Tho fatal shot
was fired while the victim stood with
ills back directly toward McClallen,
and the weapon was held absolutely
level, as the wound indicates such
position.
Diagram. drawn by Dr. Houck.
.'bowing t he relat Ive position of
wounds wero exhibited.
Hom- Tor Wedding.
Dr. Vinci 1 said he was present
Just after the shooting. Mahan h.u:
nil r-n;i liivpnlnr ..ml v,.i:t oil .tf
'.which were b-ttioned. as were b'.'Mk
which bo wnre. Milium '.o.d
the street. The man who said "Do
not come toward me" did the shoot
ing, while tho man In the Mr-"t said
nothing. Saw the latter only as he
reeled and fell. Could not sav
I den. Culver was called to (he wit
I nes.H stand, and said he s;iw Mahan
in the theatre Mondav night, but
c. Mild not say just when he came In.
Did not pei nm again until after
the shooting.
SfeeP Memi.rv Itevii.xl
!":'nd. and staVd that t... b:.d m.-
told all he knew because he wa
not ai-k"d. Stated that as lie pa
rd the barber shop In ronipnnv wfth
Mahan Monday night McClallen was
n In the barber whop, and Mahan
aid. "I will get Mm ye?." At an
other time Mahan waited on th
D-t Creek bridge for M clallen for
hours but did not we him. Did
on', warn anybody of Mahan' threntr
1 ' 1
XOTK'U TO MASONS.
A 1 1 mem hers in f .La u rel
lodge. No. 13, A. F. & A. M.
nro requested to meet In tho
lodge room at 10 o'clock Thurs
day morning to attend tho fun
eral of our late brother, li. A.
Mahan. Funeral at 10:30
o'clock from tho undertaking
,
.
.r. d. zrnciircu. w. m.
I
because they were not specific, nnd-
M a hail never said lift would kill Ate-I
Clallen.
.loo Murphy Kccnllod.
When asked If ho had made any
mistake In his testimony yesterday.
Mr. Murphy said no. Heard Mc
Clallen tell Cardwell that M-.hun
had a gun In his pocket.
MrClallcu Afraid.
T. .1. Williams, night officer for
the city of Hosehurg, said that 3
months ago ho saw Mahau driving
around tho streets In his nuto, and
stop two or three times at the Me-
Clallen House and then
couple
rnmo out from back of the hotel,
who proved to be Hoy McClallen and
Miss Speicher, and McClallen asked
the o llicer to get a closed rig in
order that Miss Speicher might be
taken home, as both of them were
afraid of Mahan, saying they helicv-
f d ho would kill them.
Clothe In Kvhlcnee. '
Coroner Jewett was called to the!
stand and exhibited the clothing
worn by Mahan on the night of tbe,
killing. These garments, blood i
stained, were turned overt to the
jury for consideration. i
Accused on (he Stand. j
Hoy McClallen, who fired the ratal
shots that killed !!"n Mahan. took
the stand, and said that, he was :!."
years of age. and told tin jury that
he was at the the;ilre, leaving as
soon as the show was over. He said,
bo saw Mahau at r ::',( o'clock Mini-,
day, March i:!. also Just after thej
t heat re. Mahal was about 2f fet '
d!st a nt when hist, seen by witness,
as be passed none traveling men
coming toward hiim1f and M f
Speicher. "As Mahan got up close :
I mid him to stand back. He was
probably fi or 1 0 feet away at t he
lime. Mahan did not speak a word.'
He ,kept coming toward me, and
when within probably (I feet I fired.;
Did so because 1 saw him' going for
his gun. Mahau kent advancing,
and I stepped back two or ttiree
str-pr!. Mahan c:iiiit forward two or
Miree steps after he wan ordered to:
halt." Vitn-R Mat'-d he bought the
tnin of S. K. SykeH aud ho carried It ,
in the lower b-fi veit pocket, iuu,-
7.hi down, safet v clutf h off. loaded. ;
a nd ready for ac t ion. Told Ma hati
to stand back before he drew hi
wenpon. Mahan's hand was at his
hi ji pfK ket when ordered to stand
buck. Saw that Mahan was attempt
ing to draw his revolver when he
first acme In sft'ht. Mahan was iv-
ing Witney all the time, and coming
toward wiine:n, when rvey shot wh
fired. Stopper! firing wh-n Mahan i
fftjiofd advancing. Wi'nesH had hi!
tak toward the building and utoodi
rear i' when shooting began, N'enrj
r-:ade statement about not allow-'
Ing Mahan to put it over hlrn."i
Could not Fav If Mahan bad fin;
2 love- or not but Mahan's hnnc', was
'n hfs hip pocket during all tho time
f the shooting.
Mb Spelker had told wltn'an that
( Continued on Page Four.)
Two Communications From Mahan to
Miss Speicher Introduced.
DEPLORES GIRL'S ASSOCIATIONS
'Did I Not Treat You Right? God Knows I Was Trying Hard
Enough," Wrote Mahan Refers to His Love's
Companion in Strong Language Said
He Was Being Deceived.
Just before the closo of the Inquest
Tuesday evening two letters, writ
ten by Hen Mahan to Miss Spelker
were introduced by District Attor
ney Brown and read to the jury. Ono
of . these was written on December
IS, 1910, and is as follows:
12-16-'10
Miss Lillian S. Speicher,
Kdenbower. Oregon.
Lillian: After what I saw this
past evening, and after you stood
hero In this office and told me that
you would not have anything to do
with that S of a B you wero with
this evening, I don't see how you
could expect me to doubt whut I was
told in reference to your uctious
while I was In Portland.
You certainly have been deceiving
mo for quite a time past. And It
looks to mo that all you cared about
me, for tho past few months, was for
tho money nnd entertainment 1 could
furnish you.
Tho books show that you have
been dishonest with me, ns there Is
not a scratch of a pencil to Bhow for
all the material you took homo nnd
promised to pay for upon your re
turn from your trip.
Now I want to tell you that 1
have made up my mind to Btny In
Hosehurg, and to stay In business.
And I am going to fight that bunch
that have come between us to the
edge of h 1, and then knock them
in.
Now If you want to affiliate with
that bunch, why. just go to It and
bust yourself. And take It from me.
It won t take you very long. You
know mighty well how much 1 know.
If your old mother knew It she would
not live vey long. I have kept my
mouth shut up (111 now aud have
been getting ihe worst of It.
Now If you intend to live -around
these parts, you cut out this foolish
ness nnd treat mo right or I may
make things a trifle disagreeable. It
Is not my wish to do anything lo
causo nny more trouble than has al
ready been caused. But It. Is up to
you. You can have mo for a friend
or an enemy. You will have to
choose, and that soon.
I have not slept yet, It Is now 4:'()
a. in. I tried Tor four hours to sleep
but could not. After tonight I will
try not to loose any morn sleep.
I had a letter from Crnce and she
said that you had told her that I
accused you and believed what others
tulil me.
Now I did not accuse yon, only told
you what, f be talk was. Your con- j
science was not clear. For you ,
went out with that jur after I told'
you what ho was. j
You knew that you hud been de
ceiving me. in fact old Bill got drunk;
ami be told mo that, all the hoys In j
the shop thought Hint you were haud-j
Ing uie h dirty deal. I trie, to talk!
him out of It. but be wa just drunk!
enough to tell me what .as on lib ;
mind and would not h ivo It anyj
it her way. '
I learned from a frb nd In Seattle!
thai my former wife van n::;iin seek
ing relief In Hie ilivr'ice CntirtH. ainlj
Is having no end of trouble, as xhei
married f wo mont '.is after Ihe de-'
creo was granted. j
She also thouvhf that It was al-i
right for me to 'fork mv he;-d off toj
fuinlHb her th luxuries and beslow ;
her love on a t'irty cur that was low-j
er than a sna!e. ,
You will kindly make out a I I'd. of j
the materia, (hat wa u-d out to I
vour home otherwise I will have to
mako It from niemorv, j
There 'fill be a position open bete
after Mondav next, as the luventrtrv;
will be ,'oinplcted. You may have It
on tbe following terms If you wish;)
That you will be to work for myj
Interests, and mine alone, and to at-j
tend to the book work and answer i
the phone and leave the tthop work !
to the men hired Tor that purpose.,
It's up to you, and you alone, wheth-j
e" the affair of Hie pant few weeks'
thai! be burled and forgntten or not.
Ml- Hpekher evidently answered
this letter the i.ifie dav, and Jier let. I
ter was kept br Mahan. ATter re
reading It on .a.iuary fi, 1 ! I 1 . he
wroto her again roklng pardon for
having (aued her anv be;irt aches,
and expressing bin own anguhh over
h"r course, but never breathing nny
threat h agalnt McClallen whom he
believed bad deeply wronged htm.
Tho letter follows:
Roseburg, Orrt., Jan. 1, '10
Dear Lillian: I have Juat teen
rondlnir, your letter of December 16.
wherein you ask that I forget that
you ever existed. I supposo it would
be better for mo If 1 could loso my
memory entirely. Hut I am not so
constructed. 1 think of you every
hour of tho day, and as the weeks
slip by it grows harder each day.
You say that I caused you wounds
that will not heal. What cause had
yon to do tho things you did thnt
caused me to wound our feelinga?
Did 1 not treat you right? If I did
not, Cod knows' 1 was trying hard
enough.- 1 have practically broken
with Urnce for tho part sho Baw nt
to tnko In our affairs, it la a fault
of her's and mother's that has caused
many a heart ache, and I will see.
to it that they do not have another
opportunity. If what I havo dono
has caused you to Buffer, I certainly
am sorry. Hut I wish 1 could havo
died while In tho hospital last spring
rather than suffer as 1 havo In the
past six weeks. I could havo died
then thinking thnt you loved mo as I
love you. Now It Is a perfect hell of
dread from morning until night. All
my hopes and plana of n year and a
half blasted In it moment. Aud the
real catiHo I am entirely Ignorant of.
1 do not know how much longer I
can endure this. I really hope for
something to happen to end It nil.
If there Is anything I can do to mako
amends Just glvo mo tho word and I
will do anything within reason.
There would be little use to tell you
that 1 did not send Taylor Into tho
hotel, but nevertheless I did not. I
also told him not to, ns you would
not conm out. But ho went away.
Well, bo Is gono now, buying finish
ed the Job of inventory and balanc
ing my accounts. You told mo to
find another. Do you suppose I
would havo gone with yen for so long
a time, am just existing as I havo
no hope of happiness any more. I
lovo you as ever.
HEN.
LOC.1 fi Ni-;vs.
Colonel Ta'lor. of Winchester, Is
spending Ihe day In Hosehurg visit
ing with friends.
Crant Taylor, or Winchester, spout
yesterday In town looking after busi
ness Interests.
fieorge Stearns, (if Oakland, Is
spending the day In Itoseburg look-
lug after business matters.
Mrs. S. Sanford left for Medford
this morning where she will spend a
week or ten days visiting with her
sister.
Bert Brown and wife, of Oakland,
came over hint evening to attend tho
Niks' minstrels. They returned home
thin afternoon.
deerge Slater, of Oakland, Is
upending the day In Itoseburg look
ing after hmdncHs matters and visit
ing with friends.
MIh Hello Newlaud left for Ten
Mile this morning where she has ac
cepted a position as teacher In the
schools at that dace.
A number of local llebekahs went
to Oakland this morning to attend
the dli'trict. convention of tho Itebek
ah lod"e In cphmIiui at that city today.
Miss Althejt King. formerly a
clerk at the New York Htoro. left
for Fugene this morning where sho
will spend a few days visiting with
frb ml. i.
Miss Mabel Hhlrrert left f.r AII...,,,r
Ibis morning whom h will vUl'
with friends From there she goei
to Cm ml It a phis, Michigan, where
she will rpoiMt about a month with
relative.
HeV, F. li; Mirks, left for his home
at Axhbtnd this morning after a
coup!,, of days spent In this city vis
iting with friends. Mrs. Hicks mid
daughter will not return homo for
several day s.
Fdi'iir d'lbpon. of Fdonhower. who
watt arrested bv Sheriff fieorgo
Ojiln.. Into Monday even In on a
charge of Infinity, WHH examined bv
County Health Officer fieorgo K,
Houck and County Judge Wonacott
late yenterday and committed lo the
Htate insane asylum. An attendant
arrived here thbi morning to esrort
biiu to Uie lUdtlluUou.