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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (April 20, 1934)
April 20, 1934 THE EVENING HERALD. KLAMATH FALLS. OREGON State's Testimony Indicates Manning Left Between Shots (Continued From nil 1) the window. The time, shs nld, win buut (MO p. m. At 6:4ft. (ho mid, har bus band, Huliurt mentions, ennui Into til bnnitty shop, Klvs or six nilntiips after lie arrived, she tnnlltlnd, tha hoard two stirttH. Him mild alii romarked tlioy wuro shuts. About 9 o'clock, alia aald, her t,liHH,l 1-ri In nilvik rrlMtinn In tlinlr homti, and returned about u:iu o chick, mie an in ne nou - - H tl.a .lnt nf tllA junt uiniig in vi. v ....... , . beauty aluip.'niid alio wna walk ing lownrd tno nncK or uio simp whan alia board another volley or shots. flho duacrlliod them aa follows; "llnii! IiuiiK. Hlllllll Bha auld all know It wus be fore 0:16 o'clock because alio (ii hurrvlnii to cut to tha I'lno airoot niurkol boforo that time Hntv Mnn at Window Mrs. BtnnhoiiB wna closoly crons-exainliiMd by Dnfenso At tornoy Huberts. Ah ahq ant or tb aland, an aiitomoblla back H-A In llm nlriint Alltaldtl till courthouse, and lloberts asked hnr It inul noiaa waa, anyiiiini IiLa ,l,n.B iha llnnl-fl IllH ntftl of Folirunry 12. Bhtt anaworcd tha aoiiiida aba hoard on Fobru ary 11 war not muffled. An II, mi ThlirillMV. I wii tha dtnna which brounht out tha rerrin aniiv.. Aniworlni Roberta' queatlor l Ulnnl.....a MHln ntln I1W man In window of a room which aha later learned wna an nnln.r.ifun 111 Mminina's olflca. Hlio aald aha now knowa thia man had to go uirounn tna wan ning offices to get out of tha nio-rooin. The man In tha window, aha anld, waa Howard 1'errln. nrclil toot and Manning's brollior-ln-law. Tha wlliiuaa aald ah had I .. n.irhln Ih. WllltltlW Bflor tha botlla had crashed on the airoiit, and alio auaupniy saw m. blind In tha anta-room window go up. Haw I'rrrin lev . Inside, aho aald. alio aw tha figure of man. Ha appeared lo turn around and del a coat off a wall. Bha aw a reddish- l..An.n nWAnil BWinK nBt tllO window, tlueslloned later by tha Btate. aho auld that I'orrin. woar lim tho coal, luft Ih Hovonlh Btroot entrance, of tha building In about the tlmo It required for bl in to icet thnro from tho win dow. Hlio aald till happened Immediately after tha bottle crashed on tho street. Tbn witness aald that In watch ing tho window across tha alrnol, aha nollced a Inrito IlKht beyond ilia opon window In Man ning' prlvaio offlco. It waa on. ho anld. Thera waa no light In tha anto-room, ah aald. Itnllln Neck Identified Mra. btophona Identified a hot tin neck, one of the state's ex hlhlts. aa an object which her husband recovorod from the airoot whan he came Uito lb bonuly Bhnp tho aocond tlmo. The dofonso asked Mra. Bt"P hana If aho told Mra. Iluth Mc Aullffo a dny or two after Fab ruary 12 that Juat after ahe, Mra. Rtophens. had beard two ahota I'orrin coma out of the building. Ktio anawored In tna negative. Ma I" aaked har It aha did not any to Mra. McAullira that I'orrin hardly had time to gel to the atroot whon the ahols were heard. Again aha answered In the negative. - . Mra. Btophena waa followed on the atand by three statea wit nesses who testified that In their opinion Manning, at about 6 o'clock February 12. waa under the Influence of Intoxicating li quor. - The flrat wltneaa waa Mra. Avla Young, stenographer In District Attorney Oil enwaterj private Underwood building of fice. Propnrliia: to Leave fihe auld that at & o'clock on February 12. aho mot Manning lust ontBlde tho hall door to Olllenwatora' reception room, sne aald he wna .topping out to cloae tho door and go homo whon Manning stopped her. "Ho told me to get back In my offlco," ' said Mrs. Young. He told mo I( wasn't through WlMra!nYoun'n anld Mnnnlng told her ho had aeen Olllonwaters at Bclioafers (Palm Boor Gordon) and Olllonwators wanted hor to work. Manning, alio anld, W "J overcoat or hut.. Bho testified ho ant down In a cbnlr near the oxlt door of the offloo. "He snt with hlsVyes focused on me. Nothing particular hap pened," testified the wltnoaa. Mrs, Young anld ahe naked Manning If ho wanted to aoe Orlh Blsemore, whoso private of fice adjoins the rocoptlon room. Blsomoro,' she sold, nt that tlmo put his hond In the door and asked Manning It he wanted to soe him.. Askod directly by Olllonwatera about Mnnnlng'a condition, Mia. Young snld It was hor opinion Mnnnlng was under tho Influ ence of Intoxicating liquor at tho tlmo. Attorney on Hlniitl Hardin 0. lllnckmor, locnl at torney, noxt wont on the stand and tostlfled that about ft o'clock on the evening of February 12 ho visited Blsomoro In his offloo. Just before he went Into the office, ho anld, ho saw Man ning n't the hond of the Under wood building atnlra. Dlackmer aald that aa he and Slsomore wore leaving the hit ter's office, they met Manning In the hall, and went Into Slse more'a office. Mnnnlng, he testified, told them he had been at the Palm beor gardon, He aald they con versed about tho rocall, an,d that Mnnnlng said ho waa opposed to the rocall. He said, howevor, Manning Also snld: "If 'I found out Ralph Horan wns nncK or me reran i wuuiu i ....... a .. tf I Keep my nana oui oi ii. Dlackmer said tha three stayed until 5:20 p. m. "From your obaervatlona, wai Mr. Maiinlng under the Influence of Intoxicating liquor?" allien' water aaksd tha witness. "To a certain extant, wouldn't say how far." Tltiay. Not Drunk Blnckiner aald Manning had had enough drink to brag about corn's ha had won In court. The young attorney aald Manning waa tipsy but not drunk, and that ma tongue waa tnick. Vanillin berg, defense attorney, In orosa examination, obtained from Blsemora the atatument that Manning aald nothing about llncan at the lime that would alarm. Then tha defnnae attor nny asked Hlackinor If It were nut true that on February 15 Hlackninr told Robert and Valid mi burg that Manning aald In tha office that night that "Itnlph Horan la fine young man and will go a long ways." Hlarkmer aald ha had heard Manning any aomelhlng Ilka that, but he doea not bellev It to be si me nme in queeuon. tie aia ha could not say ye or no In Hired answer to vandenborg question. Vandenberg also In fnrred Illackmer had told the de fense attorney that Manning had a fow drink but wa not under the Influence of liquor, Orth fill-more, associate of Olllonwatera In tha law business, noxt took Ih atand. Hla teitl mony largely corroborated that of Hlarkmer and Mra. Young. He told about converalng In hla office with Manning and Dlackmer. Ha could not re member any conversation about Horan. KtMKirernt on Prat Answering Olllenwaler' oues Hons, Blsemore said that from the conversation and demeanor of Manning, he would say he was under tb Influence of Inlox- Iratlng liquor. He aald the de fendant wa carrying on an In telligent conversation but a he got lo hi feet he ataggered, and that occasionally h would drop Into pronounced lapee during wnicn ho niiied out of the win dow and did not aaem to realise there woro other In the room. Vandenberg. In cross- axnmlna. tlnn, Baked Blsemora If It was not the usual thing for Manning to lapse into periods of alienee and lo gate out of the window, Blsemora said tlila condition was mora pronounced at the lime In question. The witness said ho had seen Manning when be waa sober and hnd seen him when he had been drinking, and In his opinion Manning had been drink' lug when he talked to Dlackmer and Blsemore February 12, vandenberg asked the witness If he wa well acanalnted with tne Horan rnmtly. Blsemora anld he was but denied be had stayed all night at tha Horan home Juat usrore February 11 or at any other' time. Answering Vanden- oerg, he aald he had kept com pany with Horan'a sister-in-law but not alnc throe montha be fore tha Horan shooting. Clnude McColloch. Horan s partner, wa recalled to the aland thla morning by the state. ulllonwatera questioned bitn regarding the bottle found In the legislator's parked car. McCol loch said It was moonshine ha had given his partner several week before. "I last saw It on Saturday be fore the doath. It was back of the seat In Ralph' coupe," he Id. McColloch didn't know If It were In the same condition now as It wa then. "Was Horan right or 'left handed?" Olllonwatera aakod. 'Right handed In all re- spects," ha answered. McColloch I Sure Roberta cross-examined Mc Colloch for the defense and had the wltnoss repeat Information concerning the bottle. Ha ald he was aura It wns tha earn one he had aeen In Horan'a car. Roberta questioned him as to whether Horan waa ambidextrous. I nevor aaw him write with his left hand." McColloch said. Mary Mistecky of Mnlln was the next stato wltneaa, Bha spoke brokenly and It waa with difficulty the defonse attorney followed her remarks. In rolntlng her action the eve ning of February 12, the woman said she hnd come to Klamath Fnlla to consult her attorney, Theodore Olllenwatora. Olllon wators was absent from (he, city. Ilcnrd Two Reports When she learned this she went flrat to the Rotter Baking company, across the street, and thon to the Pine Street markot. Sho Was accompanied by her hired mnn, Al Bishop. Sho anld It wob warm and she was tired. She paused at the entrance Into the grocery and told Bishop to go In and buy soma meat. I stop out and I hear big shot," she snld, Olllenwatora asked her where Dlslinp was. "Me come right away out and walk hnhlnd me with meat and groceries." What time were the shots T she wus askod. "This half past five." Looked nt Watch "How 'do you know?" "I Just look at my watch." She said bIio wont to her car and drove back to Mnlln Just after the shots. She also told the district attorney there were no moving cars in the street at the tlmo of the reports. The' district attorney asked hor to Indicate the interval be tween the alleged shots. F rst this one." she pound ed on the bench "and then this," she pounded again. On crosB-oxamination Konert said: You looked at your watch and heard shot at 5:30?'; . "Yes," Mary Mlslecny an swered. He askod concornlng her visit Escapes Jail MarJorle Term an, 18-year-old ma terial witness in the Santa Rosa, Cal, "love murder" of her father, was the subject of a wide hunt after she, with the aid of a room mate, slugged a matron and broke JaU, Her mother and two men face trial lo the slaying of bar father. aa he drove toward Main and observed Rlcliarda near the front part of the store. William Klltrlilge, Klamath marsh rancher, testified thai he had heard shots while h was sitting In his apartment at the McCarthy. Ho said It must have been about 5:00 o'clock because he and bis wife had dinner at 6:46, He told Roberts be was quite positive of the time. Burah Galloway was the final witness before the morning re cess. She too said she heard shots while she was In her apartment In the McCarthy, Bha said sho was sura of the time 5:00 for she was Just preparing the evening meal and bad looked at the kitchen clock, Vandenberg cross-examined her at length. He learned that she had told har son, Robert Onllo way, and Mrs. Williams and Mrs. Oarrlch of the roports, This was a day or two lator. Mrs. Galloway said she knew Horan slightly, but admitted be was a close friend of her son. Irrelevant and Immaterial to Olllenwstors. The questioning confused tha witness but It turned out she had returned to Klamath Falls at a later date and discussed hearing the shots with Dewey Powell, assistant In the district attorneys office. , Robert waa Interested In the fact that tha woman reported tha shots at 5:50 but Glllon waters took over the questioning again. "Didn't you say 1:00 o'clock to Powell T" "No. I did not," she answer ed with soma vigor. Roberts claimed Glllonwators was trying to Impeach his own witness but the court ruled that the district attorney could at tempt to refresh her mind. "Did you make a statement on the following Monday to Dewey Powell?" tha district at torney Inquired. "Yes." "Was It correct?" "Yes." "Did yon not say ( o'clock? "Yes." Robert asked tb witness If be could read English. "I think so. Ask mv attor ney. Glllenwatars was her attorney. Roberta asked again. "Ask ma some letter and kin read It." The defenie attorney rested. Hired Mnn Called Rlshop. the hired man. waa called and corroborated hla em ployer's testimony. He said ho neard two shot that sounded like backfiring hut could not ascertain tbs direction. Rlshop also montloned that while there wer several ear parked along Seventh street, none were moving at that par ticular time. Robert asked him haw ha knew the time, and he re ferred to Mary Mlstecky'a exam ination of her watch. 8am Woodward followed Bishop to tha stand. He told Olllen wstors be 'had lived In the county since 1890 and had known Manning for SO years. concerning February 12. be wa asked by the state If ha bad seen the dotendant. , I did. I was In the United Cigar store and then went up norm Hevenin. I crossed the street at the Pine Street grocery." "Where did yoa see Man ning?" tha counsel Inquired. 'He was standing lust out side tha Seventh street entrance to the Underwood building. I got up to him and passed be fore I crossed the street." "Did ha speak?" "No." Olllenwaters asked him what time this Incident occurred. Woodward said he left the clear store at five or six minutes after 0:00. He was to meet his sister and was late. He said he walk- ad rathor hurriedly and It would not have taken him more than a minute to reach the building entrance. , Darkness Admitted Roberts took ud the cross-ex amination. "Was It dark?" he asked. "A little." "Was the street lighted?" "I didn't notice." Woodward replied. He said there was a llehl In the entrance to the building. ' was manning in tne door way" Roberts questioned. Tne witness said he had lust stopped out. He told Roberts he did not speak to Mnnnlng. KODorts snld: "You know the defendant for 30 yenrs and you didn't sneak to him!" He closed his croBS-oxnmlnn. Hon with that remark. Olllenwaters rechecked Wood- ward's time with re-direct ex amination. Charles Van Doren. dark at. Underwood's followed Wood ward. He said he hnd known Mnnnlng for six years. "I was geuorally through work at about 6:00 o'clock. My car was parked on Seventh street and I had to pass the alley. It was anoui live or ten m nuins after 5," he related to allien- waters, 'Did you see Manning?" the attornoy askod. I6B "Speak to him?" "No." "What was ha doing?" anld Olllenwaters. "He was Just standing In the ontrance facing the street," the young clerk replied. now waa ha dressed" ha askod. He had no hat or overcoat." was the answer. Dave Vandenberg took un the cross-examination tnsk . for the defense. Van Doren admitted ha hadn't paid a great 'deal of attention to Manning. He aald he did look Into the Houston Boauty shop ; aoroat the Ureal (Continued Jrtoai Page One) thoy will follow this plan for tho rest of. tb trial. , Judge Wilson Informed Jury man Jesse Hanks thst he could transact his private business, un der the eye of a bailiff, with Mrs. Ida Odell Momyer at tho first recess, since It bad nothing to do with the trial. Ted Olllenwatora wore a light suit. Friday. His experience with a heavy dark suit In the hot courtroom ths dsy before probably caused tha change. Oeorge Codding, district attor ney of Jackson county, was In court Thursday. He was hare last summer during the Fehl trial. The Jurymen were to be taken to the wrestling match at the Legion hall Friday nlgbt. One of the bailiffs claimed thst the 14 men on the Jury are got ting a good rest, going to bed early and baring very regular hours. Judge Wilson walked out of a restaurant Thursday with ths wrong hat on his bead. He had gone half a block before the owner caught up with blm. He says be doesn't know who the man was, and hopes the man didn't recognise blm. Highlights of Day in Court W. P. Myers manages to get a seat with the press every day. Ten nlllenwsters' hair Is turn ing gray at the temples. He Is Sn Vftnra Aid Pnrhnnt Ihft rill. trict attorney's Job Isn't the snap som" people ciaima The Jury was taken to a moving picture Wednesday night. They got 16 copies of newspapers every day five local copies, five Oregonlans and five Journals all carefully clipped as to news about the Manning case". Playing cards also, are. furnished them. The detective work required by the district attorney' office In ferreting out persons who had hoard or seen something on Fob. 12 shows plenty of hard, systema tic effort. TfafatKtA Itlnrn,- DnliB.,.' . . " -wuv.ui vnln Man hn Mn mntt nt nln, A . Ing. as well as forceful and lndlg- oanu Cannon Tells of Anti-Smith Election Fund WASHINGTON, April 19, (UP) Bishop James Cannon, Jr., a little grayer, a little feebler than In the days when he waa the field marshal of prohibition, to day reviewed from a witness chair the story of how he broke the solid south and helped defeat the presidential candidacy of Alfred E. Smith In 1928. He was charged with conspir acy to violate the corrupt prac tices act by failure to report to congress all of the (65.000 he collected tor the anti-Smith fund. Nearby, a big hat shielding her full moon face, sat the middle- aged secretary, Ada L. Burroughs, co-defendant. Money Not Reported Many of the facts Cannon re cited have been worn threadbare by time, but a packed cortroom drank them In because this Is the first time Cnnnon has been put under oath and compelled to answer "yes or no , He pro grossed only Into the prologue of the story today. Tomorrow he will continue his estlmony in District of Columbia supreme court. The chlof Item In Cannon s testimony was the account of how ho hobbled Into the office qf E. C. Jameson, Now York In surance man. tnlkod for perhaps nilnutos and came out with 250,000 contribution to the nnti-Smlth forces. Much of that money, the govornmont contends, never was reported to congresB. Pickets March on Detroit Factories DETROIT. Anrll 19, (UP) The tool and die strike, sponsor ed by the Mechanics Educational Society of America, today was arkod bv disturbances on tne part of plckots and the charges of an expelled M. E. 8. A. repre sentative that only a minority favored atrlke action. Approximately 200 picket ad vanced on the plant of the Star Tool & Die works, hurling bricks and smashing window. A lone policeman on guard attempted to make an arrest but was immedi ately surrounded by a protesting crowd. Additional pollcemon were quickly summonod to the scene. Ily Jane Kpley Thursday. This Is the fourth day of tha Manning trial and people expect exciting thing to happen. The courtroom ha been pack ed since 8:3C. Court (tarts ten minutes late. "They couldn't- get the Jury un locked," someone laughs. Finally the Jurors file Into the box. Charles Bpldell has a pansy In his buttonhole. Sheriff Lloyd Low Is continu ing his testimony from the day before. Van Vactor la absent from the state's table. New exhibits are Introduced the neck of a bottle, pieces of glass, a lead slug but tha spec tators, for all their craning of nocks, cannot see them very well. Sheriff Low seems at home on the witness stand. When Rob erts aays sternly, "You were In error when you said nothing was romored, weren't you?" Low answers with a smile, "That's not a bad error." A stir goes around tha court room when Thelma Guthrie's name Is called. The cards found near Horan's body had ber name on them. She is dressed In white. Her voice gets a little hoarse, and Judge Wilson gives her a glass of water to drink. Van Vactor enters tha court room. It Is a disappointment to find that the cards were left with Horan before Jan. 20, more than three weeks before the shoot ing. Cordon, the special prosecutor, ha nice looking bands. Yester day he had 20 or 25 strings on the fingers of one hand or may be It was one long string. Any way, there Is no string on them now. Perhaps he has remember ed everything be wanted to re member. Court Reporter Crane asks Dr. Rugh. after the latter's testi mony, to give him a little help In spelling. Dr. Adler get up from the floor, where he has been dem onstrating how Horan'a body lay when be came Into Manning's of fice Feb. 12. Tbe doctor-coroner has an expression on his face like that of a little boy caught playing hookey. He Is the kind of expert wit ness that spectators like, how ever. He explains technical tblnga in understandable langu age. When he demonstrates how Manning took his gun from bis pocket to give to authorities, be uses his right hand, and takes the weapon from bis right rear trousers pocket. Manning is left-hsndod. That handkerchief happened to be in Dr. Adler'a pocket very advantageously. Somebody won ders It the doctor knew he was supposed to demonstrate that very action. It is Interesting to follow his testimony to see If be answers the. questions he same jsaDc Hugh dm. tie is very easy to follow, as he talks In arery-day language, or explains the medical terms he uses. The electric fan on the Judge's bench Is turning back and forth efficiently. It blow Van Vac tor's bair down on his forehead. The Judge sneexes. And sneeies again. The morning passes quickly. Everyone Is looking forward to more and more excitement- One-half of the courtroom door Is opened at 12:55, and the spec tators' section is packed at 1:00 o'clock. Again there are many people left standing In the hall. Dr. Adler la still on the atand. People seem glad he took some measurements of the table and bookcase In Manning's office Rex McMillan and Walter Walker were almost scolded by the de tense for not having made measurements the night of the shooting. When Leigh Ackerman men tions giving one of the guns to E. O. Helnrich, there Is a murmur from spectators. They seem to be waiting expectantly tor tbe Berkeley criminologist to testify. There is a gasp when Acker man states that there were no finger prints on the handle or trigger of the gun found near Horan's hand. ' It la getting warmer In the circuit courtroom. The air la sultry. Perhaps there will be a storm tomorrow. Tbe box in which the gun Is k'opt certainly looks like a cigar box. A newspaperman wonders who smoked the cigars. Claude McCollock makes the spectators smile when he says he was supposed to get home at five o'clock to turn on the stove and bake some potatoes. He said he didn't get home until 5:10 and realised he was late. Murmured chuckles run around when Albert DeHall, negro shoe shine operator at the Oregon Jank building, tells about people asking him for the time. "Sometimes I have to look at my watch threo times In one minute," he testifies. Even the judge breaks down despite his statement Wednesday that thore is nothing funny in the trial at Dr. Roenlcke's mis take. Tho young fenttst. after being sworn In as a witness, walks up to Manning's red leath er chair, state's exhibit No. 3. He puts his hat on Mnnnlng'a desk, exhibit No. 13. Then he sits down In tne red leather chntr, crossos his legs, and leans back. After he leaves the courtroom, the laughter starts again. It is PAGE SEVEN TOO LATE TO CLASSIFY M. M. KELLETT entertainer, as trologlst horoscopes cast; card reading: enlightening, Interest ing. Parlors 602 Oak, corner Fifth street. 0569 renewed when Ed Richards hftMllnlM htf Ih nvhlhll hnl- and appears to contemplate sit ting in it. Well, after all. It rinaa Innk comfortable. Mrs. Frank T. Horan appears very frail on the witness stand. Her son looked very much Ilka her. It Is getting hotter and hotter. What If this trial 'iad been set for July or August. Oeraldlne Houston, a high school girl, makes a good wit ness. When she Is on ber way to the stand, the Judge, very gallantly, wlsl.es ber to avoid embarrassment. "Sit up here, please," he calls, and waves hla hanil larval Inw ard the witness chair. There Is a murmur of appreciation from the spectators. Van Vactor calls ber "Miss Houston" and Roberts calls her "Oeraldlne." Robert Stevens says "north", where Ed Richards has salt "east," In describing the side walk opposite the Underwood building on North Sevonth street. After all, it la Just about north east. Helen Houston's sleeveless blue dress attracts the eye of feminine spectators, of which there are many. It looka cool, with Its white bow near the shouldor. When Robert questions her knowledge or tna time under con sideration, someone whispers, "I always know the time, every minute, between five and six o'clock." Judge Wilson looks kindly at tbe attorneys when he says. "It's been a hard day for you." Women In the room start DOWderlnff noaaa aa hn warns thn Jury. In the usual way, not to ,-n. Court I adjourned at 5:45 p. m. 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