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About The Bend bulletin. (Bend, Or.) 1903-1931 | View Entire Issue (Nov. 30, 1922)
PACK a WnJi EXAMINE MENTALITY OP ACQUITTED MAN (Continued from pngo 1) ot tho long handled shovel which hns figured to some extent lu tho state's testimony. Stadter developed particularly tho theory of self-defense, pointing out thnt under tho law Hnlvarson was entitled to defend his homo as well ns himself from nttnek. Tho testi mony given by tho state, particularly by Ed Rogers, dovetailed perfectly into that of tho defendant, who, ns Stndter pointed out, Is tho only eye witness of the shooting. Cowardice Explanation Burdlck analyzed tho chief fea tures of tho case, which ho declared hinged entirely on tho testimony ot Halvorson. Ho declared that Hal vorson's actions were all to bo ex plained on tho basis ot cowardice, his apparent great bravery in facing Garrett at the Halvorson home just before the shooting being the action ot a cornered coward. Halvorson knew Qnrrett was armed with a hard shooting gun, knew he was intoxicated, and did as any man would do In securing his revolver as he .saw Garrett approach, said the attorney. Burdlck believed that Garrett bad Jumped to the top step to fire through the door, and had swung to tho ground before Holvor son sped the fatal bullet. Referring to questions by the stato throughout the cross examination of the defendant, seeking a reason why Halvorson should not have left the house by a rear entrance, Burdlck pointed out that the defendant had the right under tho law to remain and defend his home. Even It he had made tho attempt, the quantity ot miscellaneous effects stored in the adjoining room from which the door led, would have made ruch an at tempt fatal. Garrett Stunned, Hinted Plainly expressing his belief that the Halvorson house had been pre pared for the Inspection of the Jury earlier in the day to emphasize the impossibility ot Halvorson's exit, Mc Mahan brought the arguments ot at torneys in the case to a close. He scored local authorities for con ducting no post mortem examination ot Garrett's body, and asserted that the verdict of the coroner's Jury, lacking such an examination, and with the district attorney absent, constituted no vindication. The ac tion ot the county Judge in binding Halvorson to the grand jury, and the action of'the grand Jury in return ing a true bill ot indictment both showed the existence of evidence suf ficient to warrant a trial, he pointed out. McMahan demanded an explana tion ot the wounds found on Gar rett's head In the post mortem con ducted by Dr. Morse. "Was Garrett struck on the back of the head with a long handled shovel and stunned shortly after the first two shots were fired?" he asked. "What hit him, and who did it? "It his skull was crushed at the Halvorson house, was the bullet fired Into his body as he lay on the ground? Says Truth Not Told "The whole truth has not been told In this case," McMahan conclud ed. "Something Is being covered up." The court's Instructions were de livered at an evening session, the case going to the Jury a few minutes after 8 o'clock. Under the Instruc tions, three verdicts- were possible second degree murder, manslaugh ter, and not guilty. That Ed Halvorson, Indicted as the murderer of Wlllard Garrett, has in his story of the killing, shielded some third person, was the declara tion of District Attorney A. J. Moore, when he outlined the state's case to tho jury at the opening of circuit court Thursday morning. "Halvor son has taken the entire blame for the shooting," Moore stated. "He has not told tho entire story." A well filled court room heard the opening addresses by attorneys for tho prosecution and tho defense. Be ginning ot testimony on the second day of the case was made possible by an evening session last night when tho Jury, consisting of L, S. Sll lery, Elmer Lehnherr. K. E. Sawyer, a. A. Lemfce, V. R. Manny, George 'Bates, R. A. Meek, C. E. McUne, John B. Steldl, Harry J. Power nnd Claude Vandevert, was selected. At the opening of the morning session, Halvorsqn complained of illness, but mndo ijo effort to be excused from tho court room. - Ed Rogers .Qt Tumalo was the first witness called. Ho hnd gone by auto with Garrett to tho Garrett ranch the night of (he shooting, ho said. Gar rett was hatless when ha picked Rog ers up on the Tumalo road, but was unable to flud-n hat to suit him a they passed through.Bcnd, On the way out to,theyanch?M3arrett lett the car to search for a cache of moon shine, but brought no liquor back with him, and reported failure in his quest, the witness said. On the porch of the Garrett home, Garrett treated his guest to strawber- rlos and beer, drinking a bottlo htm self and tho greater part ot tho bot tlo which Rogers tound not to his liking. Then Garrett carried canncd fruit to tho car, and ns ho stnrtcd to load it In, two of tho Jars were broken. Garrett went toward tlm house for a shovel, and after ho re turned with It and with a jug nnd partly filled bottlo, Rogers wns re moving tho fragments of glass, voices wcro heard near tho house, tho wit ncss stated. Garrett took back tho shovel, and on returning to tho car declared that thero wero chicken thieves at work and that ho Intended to "get them." Moro conversation from tho houso was heard. Use of Liquor Told "Ho got his gun and started (or tho house," the witness said. "After ho passed through the gate, he fired two shots In the air. I got tired ot watting, and started tor home on foot. I had gono about 300 yards when I heard two moro shots. 1 stopped and listened, but heard noth lng more. That Is my testimony." Cross examination by Denton G Burdlck brought out tho points that Garrett had seemed slightly under the Influence ot liquor when ho met Rogers, and that the effect ot liquor was noticeable when he started In pursuit ot the suspected chicken thieves. Rogcrt partly Identified a shovel presented to him, as tho one used during his visit to the Garrett ranch, Sheriff S. E. Roberts was the first witness ot the afternoon. He testl fled that the shots fired through the Halvorson door could not have been fired from the ground. William Shelby Identified tho re volver used by Halvorson as one he had loaned him last winter. Halvor son had told Shelby that Garrett had threatened his life, pointing a pistol at him and accusing him ot poisoning a cow, the witness said. E. D. Gllson, acting coroner on the night of the killing, told of visit ing tho Halvorson ranch with other officers and of finding Garrett's body approximately 30 feet from the front door of Halvorson's house. District Attorney Witness District Attorney Moore took the stand, testifying that several months before the tragedy, Halvorson had come to his office and told him that Garrett had threatened to kill him. J. H. Baxter, whose former wife was Garrett's housekeeper, and who had worked at Intervals for Garrett, related an incident ot last December when one ot Baxter's cows had be come suddenly sick, Garrett accusing Halvorson of poisoning the animal. Garrett had gone to Halvorson's home on that occasion and forced the defendant to accompany him to the barn, intending to make Halvorson cure the cow. Baxter did not recall ever having seen a pistol In Gar rett's possession. Shortly a(ter, Gar rett had called on Sheriff S. E. Rob erts and the district attorney and had received their assurance that Halvor son would not visit the ranch again. Baxter quoted Garrett as stating that ho had seen Halvorson leaving the Garrett chicken house in the early morning. Relating In detail tho circum stances attending tho killing of Wll lard Garrett on the night of July 1, Ed Halvorson, accused of the second degree murder of Garrett, took the Btand in his own defense shortly aft er circuit court opened Friday morn ing, then submitted to a grilling cross examination by Special Prosecutor I,. H. McMahan. The prosecutor, in his questioning emphasized particu larly that Halvorson had made no effort to avoid an encounter with Garrett, although believing that the latter Intended violence. The de fense rested at 11 MS o'clock. Halvorson went to the Garrett place between 9 and 10 o'clock on the night ot tho tragedy, found no one at home, and had retraced his steps some CO feet when he saw Gar rett coming up from the gate with a shovel over his shoulder, tho witness testified. As he greeted Garrett, tho latter asked him what ho was doing out so late, and Halvorson replied by asking for help with his haying on the following day. "Garrett said he was working, and wouldn't work for mo anyway," tho witness Bald. Declare) Death Tlurnt .Made "I asked him why, and he said there had been a chicken thief around, and he was going to get him," the witness continued, stating! his belief that Garrett was making an accusation against him. "I started for homo, and had got about half way when I heard a shot, and then another," Halvorson went on. "I waited six or seven minutes, then started on for home again." "I sat up for o.'ght or ten. minutes, and was ready to roll my bed down when I saw somebody coming up to the gate. It was Garrett, and I thought, 'there's evlj on his mind.' 'i 'got my revolver, put It in 'my hip pocket, and throw open the door. By that time Garrett wag In front of mo." Halvorson greeted Garrett, asked him what was the matter and was answered by a foul epithet, and an accutu'.'cn of having turned out Gar- BKST) BtnLIiWriW, B1CTD, ORBOOIT, rett'i hones. Halvorson donlod tho charge. "Como out for tho Inst tlmo In tho world. I'll kill you," tho witness quoted Garrett as saying. Hoard (JuiTott Moan "I saw his right hand stnrt for his pocket, nnd I slammed tho door and swung to ono sldo. Two bullets came through the door, nnd missed mo. I opened tho door n little, nnd saw n dark objoct standing there I fired. Then I closed tho door and went back and closed tho back door. "I looked out tho window nnd saw a dark spot on tho ground near tho goto. I thought It must bo Garrett, nnd then I heard a moan, I said 'Mr. Garrett, nro you hurt?' Thero was no answer." Halvorson next went to tho lolo phone, called tho E. A. Orlltln homo, und was given tho number ot tho pollco station. Ho was afraid to strike n light and look In his own tolephono book, (or (oar that Gar rett might bo "playing possum," and J shoot him, ho said. Ho called tho pollco station, reporting the case, but no ono wns sent out. Later he called L. D. WIcst, who notified tho county authorities. Thoy arrived early on the morning of July 2. Earlier Attack Related In regard to the controversy over Garrett's cow, which had died In De cember, 1921, Halvorson testified that Garrett had como to his houso In tho early morning, solzed him by the collar, dragged htm from his chair, forced him at the point ot a gun to cross tho snow covered fields In his slippered feet, accusing him of having poisoned tho animal. Garrett was raising his gun to shoot whon Mrs. Cora Baxter slipped behind him nnd took tho gun from him, tho wit ness said. "I'll lot you go this time," Halvor son declared Garrett said, "but if that cow's going to-dle I'll como ovor and plug you." A fow days later tho two met, mndo up their difference, and shook hands, tho defendant said. Under cross examination, Halvor son reiterated that ho thought Gar rett meant to kill him when he saw blm approaching tho houso. Ho ad mitted that he could possibly have made his escape by n rear door and hidden In outbuildings, but thought that Garrett might have kilted him anyway. He fixed tho tlmo of his visit at Garrett's homo as between 9:30 and 10 o'clock, stating that he had looked at his own clock just be fore starting. Ho denied having shot at Mrs. Baxter's son, Joe, earlier In the year. Borrowed Revolver Tho shots wero fired Just as Hal vorson slammed tho door, ho said. His shot was a few seconds Inter: und Garrett was about two feet to th? left of whero ho had last seen him, on tho ground, but near tho door. Garrett must hnvo been on tho steps whon he fired, Halvorson thought. He could hear Garrett's teeth chattering when he spoke, be fore firing. William Sholby had offered to lond Halvorson his revolver, nf ter the cow ' episode, Halvorson said. On the! night following that occurrence, or the next night, Halvorson had visited Shelby, nnd asked why he 1 had not como to his assistance Shelby re plied that he could not tell from what direction he had called. After hearing the story, Shelby hnd Insist ed thnt Halvorson tako tho 'revolver. It had five cartridges In It at that time. Halvorson killed two rabbits and crippled two, at various times after that, with tho revolver, he said. "You'ro something of an expert with a revolver?" McMahan asked. "So. Anybody can do that," was the reply. Halvorson had a shot gun In the house; but tho stock was broken and tho barrel bent, so that he did not dopend on It. Relative mi .Stand Halvorson did not call out' for Oar-' rott when ho called at his ranch, he said. In the conversation n little I later, Garrett appeared unsteady on-! his feet, and did not seem normal, I ho stated on re-dlrcct questioning, j Halvorson denied that ho was excited at tho tlmo of the shooting. "1 1 didn't have tlmo to got excited," he explained. Halvorson described In detail the Interior of his house. i On statu rebuttal, (1. H. Mosor and Hlloy Garrett, relatives of Wlllard Garrett, testified to the visit to the I Halvorson ranch with McMahan and Gllson, and to Gllson's saying that, Garrett's head could not have fallen whero tho rock was found, Rlleyi Garrett said the rock was three and ono-half feet toward tho Kite from 1 whero Gllson located tho hfad, and a little to tho right. The Jury spent the early part of the afternoon examining the scene ot the tragedy. I Say O.HTett Hnd Gun I Sheriff Roberts and Gllson were recalled to the stand earlier In the morning to testify to having talked j with Mrs. Baxter at -tho Garrett i place, early on the morning of July) 2, and to have been, told by, her and' her son that Garrett had been drink ing heavily, and that he owned a ,32 caliber Colt's automatic, the same THURSDAY, NOVEMBER AO, 19i2 slio nnd mnko of gun ns thnt found near Gnrrott's body, Sheriff Roberts stated thnt Mrs. Bnxtor hnd told him thnt Gnrrott hnd been carrying tho Run. Dr. Hondorshott wns recalled to testify ns to tho position nnd condl tlon ot tho body. Head Wound lH-weiihed Shortly before Wlllnrd Gurrott, Deschutes county rancher, wns shot to death by Ed Halvorson, his neigh bnr, on tho night ot July 1, ho wns severely beaten about tho hvnd, one ot tho blows canning a (rncturu of tho skull, others -causing numerous bruises. This wns tho outstanding feature ot tho testimony Introduced Thursday bjr tho state, which rostod nt -t o'clock In tho afternoon, No testimony wns produced to tlx the responsibility (or tho head wounds, but from tho emphasis placed on tho oxnmlnntlon of Dr. W. B. Morso, Salem physician, who con ducted tho autopsy on July 10 result lng In tho discovery of tho Injuries, It becaino nppnrcnt thnt Special Prosecutor L.' II. McMahan hud pinned his hope, for a conviction on tho ovldonco given by Dr. Morso. und the corroborntlvo testimony ot Dr E. Roa Norrls ot Bond. Bullet Oitned lcntli Dr. Morso, on tho stand, told of finding bruises over tho right tem ple, ubovo tho right cheek bono, on tho forehead, over tho loft temple, nnd nt tho top ot tho hend. Under tho ono on the right tomplo wns (ound a triple (rncture. The bruin nnd Its shenth wcro Intact, ho said. Ho considered that tho (rncture would havu produced unconscious ness, but thnt death Itself wns duu to n bullet wound through tho heart. This Halvorson admits having In flicted. Tho bullet was found Just under tho skin on tho back of the body. Bruises, both physicians pointed out, can only bo Inflicted before death. Tho head Injuries, Dr. Morse said, could havu been Inflicted with any blunt Instrument, such as the shovel found on tho Gnrrott ranch, which earlier testimony had shown Garrett to have had In his possession tho night of tho tragedy. Tho state's nttompt to Introduce tho shovel lu evldcnco wns successfully resisted. Mrs. Troy Denver testified to hear ing shots on tho night of the tragedy. I-'Imliiig of Body Told Cora Baxter, Garrc't's housnkecp- or, testified that sho hnd (ound the houso empty whon shu returned from Bend between 10 nnd 11 o'clock. She did not know thnt Garrett had been killed until tho next morning. Sho A. Car Without a Compromise ySffiP .Jr;l,lii!i!iiiim!f'l'"i''! I'i'fljli WipisIiK MB Mf! tfiSoro1'11 "' :,! ' 'l m fill 1 111 p Panel Steel Body Seats Four1445 To bo really complete, a closed car must combine fino body work nnd appointments with a thoroughly dependable and highly efficient chas sis. Thero can bo no compromise in either equipment or mechanics. When you examine tho interior of the Jowott Coupo you will find that the equipment is indeed complete. Tho upholstery is both beau- tiful and lasting. Right at your hand you will find every accessory that makes closed car motoring a real luxury. And, under tho body, is a chassis of tremendous strength and perform ing ability. There you will find th6"smoothcst of six-cylindor motors and driving parts that defy tho severest tests of road punishment. Such is tho Jewett Coupe a thing of beauty when parked in front of your homo and tho most reliable of companions on tho highway. And, though you might expect to pay $800 or $1000 moro, for these ine car luxuries, the price is $1445 f. o. b. Detroit. It is uold and serviced by Pago dealer everywhere Paige & Jewett Service Garage 835 Bond St. Phone 93 donlod thnt Gnrrott uxor drnnk, con trndlctlug tho testimony of 10 d Rog ers, tho state's first witness, who hnd boon nt tliu (Inrnitt ranch un tho fatal night when Garrett stnrtrd off 'with hi pistol In roarcli of chicken thlnvos, nnd novor returned, Tho dutcuso started Its enso with tho Introduction of K. I). Gllson, who told of finding Garrett's body within 10 puces from Halvorson's front door. On cross oxnmlnntlon, Gllson ad mitted that ho might have stated, when ho visited tho scene ot tho shooting with Attorney McMnhnu, that Gnrrott's head could nut hnvo reached tho rock In question: but ho now believes thnt his measurement ut thnt tlmo erred In direction, und that tho head might have been where tho stono wns found. Sheriff Roberta minted tho occur rences of tho morning of July 2, be ginning nbout midnight, when ho wns railed by L. I). Wlest. who told him that Halvorson had phoned nnd told him that ho thought thero was a mnn dying In his front ynrd, Rob oris nnd his deputy, George Htokoo, lett Immediately, reaching tho scene nt nbout 12:30. Ilnhorson wns standing nenr tho renr door, nnd on being questioned by Roberts, told tho story prnctlcally as ho has slnco re lated It nt the coronor's Inquest and on other occasions, Pl-tol Nenr Body According to this story, Halvorson hud culled Mrs. Griffin, and she had told him to cnll 84, tho police depart ment. Ha did so, and tho pollco hnd promised to notify the sheriff. The pistol which Hnlvorson said ho had fired at Gnrrott' wns on tho stove, snld Roberts, nnd ha took possession. This wns Introduced lu uvldencu by tho defense. Gnrrott's body, snld Roberts, was lying lu tho path, the hend toward tho gate, In a straight lino with the houso. Three tracks which ho must havu mndo were seen; had tliu body boen rnlsed erect from where It lay, ono foot would hnvo settled bnck Into tho last track. Tho innrklngs cor responded to tho soles ot Garrett's shoes. Tho automatic pistol was found be side tho body, mid two shells nt about tho dlstancu to which they would hnvo been ejected, snld Rob erts. Ho mndo no effort to leave tho handle untouched, so that It could bo fingerprinted. Rock round Nenr lleod Tho shorlff stopped tho distance from Gnrrott's head to the houso ux 36 feet. At n Inter time he attempt ed to locnto tho same spot; und after QdcThrifty$ixrBnilt hyVai&t HoIiik no, ho swopl nwny tho dust with a broom nnd locnlod tho rock, with what npponrod to ho n patch or blood busldo It. Ho snw no rock on tliu night of tlm trnxody, mi ndmitiuJ. (Inrru't, itomn tlmo prior to shooting, liud mot Hoborta tionr tlm corner of tliu courthouse building mid nskod li t lit wlmt tho ponnlty would bo If ho killed it Hwedo, tlio sheriff testified, At niiotlmr Minn, ln'v regard to tho troiiblo ovor a com-, Gnrrott hnd snld, "1 inudo lilm go down nml help inn with her," men tlonliiK Hnlvnrson's iinino, snld Rob erts. , Tho testimony of Doputy Hhorlff Gvorgn Htoknn corroborated thnt of Roberta. On arriving nt Hul voron'n rnnch houso, Hlokou went to look it I tho body nt onco. Halvorson cntiio with Itohurt n fow moments Inter nml asked "I ho dendT" Hlokoo re piled tliut ho nppoiirt'd to bo. 4 Dr. It. W. Hendershott turned tlm body ovor on his orrlvnl, nnd a Rpot of something that nppenred to be blood wui undor tho mouth, said Htokoo. 'i. TUtva Hhot Heard , V Mr. I.. fl. Orimii testified that Hnlvorson had culled hr nbaut 9M5 o'clock on tho night of July 1, nml told her whnl hud occurred. Bho had told him tho phono numbers to cull. IlBlvomou Buying ho wan nfrnld to light n lamp for fenr (lnrrelt wns playliiK "poiiium." Shn had listened whllo Halvorson talked to tho chlvf of pollco. Her husbnud win nwd.tr from tho house, Irrigating, she Hinted. K. A, Orimn had henrd threo Mtiotn, two In quick succession and uuo lev oral seconds later, about 0:30 o'clock, ho uld, llo wa working about 240 rod (ram Hnlvorton's house, In bin own Held, (Irirflu had known llul varion for 10 or 20 yvitm, ha said on cross examination, and thoy hrtfi) -V ways been friendly. Attorney VU M uh ii n questioned Griffin closely u to liU whereabouts earlier In tho evening. 1 RADIO MUSIC FROM DETROIT JtliCKIVEI) A concert sent out by thn Detroit News by radio, wns heard over J. M. Herbert's receiving set Inst week n clearly ns If tho musicians wero per forming In nn nil Joining room, Her bert reports, Ho checked by telu grnph, rccolvlng confirmation of the concert havliu: been tent out from Detroit. Thsrsfors, Why Worry? A hundred years' fret will not pay n penny o( debt. Victor Iluen, 5 i