The Evening herald. (Klamath Falls, Or.) 1906-1942, April 21, 1934, Image 6

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The Evening herald., April 21, 1934, Page 6, Image 6

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Newspaper Page TextPAGE 8IX THE EVENING HERALD. KLAMATH FALLS, OREGON April 21, 1934 State Case Nearly Complete at End of First Week Heinrich Bolsters State's Evidence in Manning Trial been knocked off where the bul- tne lw Johnson gun found in let had bruised the chair. Some 1 remained in the depression. The ehalr . was cracked into and , through the bullet mark," he aald. There were no splinters on the ' ehalr, and the doctor said he dis covered none on the floor. En larged, microscopic photographs WMi-A then produced. The largest was of the bullet mark in the chair. - The doctor pointed out to the Jury the location or HDres irom Horan's coat as they appeared in the depression. The black fibres were from the cloth and the white were splinters of the hair. "What other examination did you make!" the prosecutor in- quired. . . Rnllvt Photographed This was in reference to photo graphs of the bullet found on the noor near uio ieio" ' ehalr. "I found in the groove run nine around the bullet, panic of flesh and blood. There were four black woolen nnres, menu : ai with thnnA an the chair." "Did you make a photograph of the bullet!" ' . . A photograph was Introduced and accepted as a state exhibit to ' show the condition of fibres on " the bullet Another was offered to show the condition of fibres around the edges of the bullet hole in the coat. -. . Horan's coat then was offered - to Heinrich wno laenuueo. "What did job find," the at- fomnv oneatloned. "Two holes, one in the sleeve ' and one in the back. There was no blood aronnd th3 hole in the back and a small amount on the .sleeve. One button had come lnnia fwm the threads. "What maximum distance from cloth will powder burns snowi nut Around Hole " "A Smith-Wesson weapon will acorch at four inches. Powder brands can be seen, np to four feet," be answered. Continuing his description of .'the bullet hole in me Daca m the coat, the doctor declared: "I found surrounding the hole . in the back, a naio or. oust form and sise equal to the mark ' on the chair. I found it was Tarnish dust the same as on the chair. I 'compared the coat fi bres with those fonnd on tlfe : chair and bullet ana aiscovereu "What about the fibres at the ' hole in the coat!" "They showed a shearing or cutting. There was very little shredding.", the criminologist "Do yon know what is the re sult Of a DUliei nuie uiiwuga cloth similar to a coat it it is ' banging lose or freet" was the next question. Roberts, the defense counsel, objected. The objection was overruled but the Judge permit ted exceptions to be entered to this and similar questions. The contention of the defense , was that it was within the pro vince of the Jury rather than the expert to determine this. Heinrich continued: "The . bullet tears its way through the cloth and the fibres are shredded. This cannot be seen by the naked eye." Then Cordon asked: "Do you know the effect when cloth is against a. wooden sub stance and not free?" "The fibres are punched off against the wood and the ends of fibres are sheared," said the criminologist. Two photographs were intro duced by the state, both taken by Heinrich in his California laboratories. Sweater Examined The first showed the bullet hole from the rear perspective. 1 The second showed the hole as looking at it from the inside of the coat. The dust was pointed out to the Jury as it appeared on the back of the coat and the inclina tion described by the doctor as 26 degrees. Horan's sweater was handed to the doctor for identification. Ha said he found no powder burns on it. Further immediate examina tion was baited by the morning recess. ' Heinrich gave a detailed ac count of the manner in which he determined the weapon from which each of three of the four bullets had been discharged. He said he selected cartridges from one of the state's exhibits and fired three test shots to show the markings the guns would make on the bullets, Examined Each Bullet He then examined the three bullets the one retrieved from the bookcase back of Manning's red chair, the one picked up from the floor near Horan's toot, and the one taken from Horan's body. He studied each bullet tor mark ings made in Its passage through the gun barrel. The bullet from the bookcase, Heinrich said, came from the Iver Johnson revolver held in Horan's band. At this point, two pictures were Introduced. One was a photograph of the bullet taken from the- bookcase. The other showed a test bullet fired from Smith and Wesson revolver. Super-Imposed on each other, the photographs showed that the rif ling on the bookcase bullet was wider than that fired from the . Smith and WeReon revolver. This, the witness inferred, shows that the bookcase bullet fired from Horan's side of the desk,, was NOT fired from the Smith and Wesson gun which Manning handed officers. The tatnrenoe wa thai earn from Horan's hand Glass Identified In similar fashion, Heinrich stated,' he established that the bullet found on the floor near Horan's foot came from a Smith and Wesson gun. The bullet re covered from Horan's body, also came from a Smith and Wesson gun. There was nothing startling in this testimony, inasmuch as the duel or self-defense theory would presumably admit that the bul lets were discharged from the weapons as Helnrlch's testimony Had indicated. The witness was then handed a atate exhibit consisting of tin box containing pieces of glass. Cordon explained this was glass picked np from Seventh street outside the Manning law office windows, Heinrich testified he had fitted the glass together and found trademark on it. He also identt- tied the bottle neck the state has submitted In evidence. This ob ject also assertedly was picked up irom seventn street. Heinrich said the bottle neck was the same as when he first saw it, except that it contained a cork he himself had inserted to facili tate Handling. Stale Exhibits Onnosed Cordon then -showed Heinrich a portion of a bottle label enter. ed in evidence some time aeo bv me state, Tne witness identified the label and said he had photo- grapnea it. Roberta, defense - attornev. qnltxed Heinrich before the pbo- tograpn was admitted. In answer to questions, Heinrich said he made the photograph at Berke ley, and that the negative was made on March 8. He said he took the label with him to California. The exhibits went in over de fense objection and Cordon then led Heinrich back to the physical evidence in Manning's office. Bullet markings on tha nhplf in Manning's steel bookcase were then explained, and the bookcase was set np again for the nnrnose. There waa a graze mark along the lower side ot one ot the sneives. Heinrich said there was a vari ance of one and one-half inches in the distances from the side ot tne bookcase to the point where the bullet first touched the shelf. and to the point where it last toucbed the shelf. Thus, the bullet left a diagonal mark from right to left, be indicated. . The criminologist next was questioned about pictures of fin gerprints taken from the Iver Johnson revolver the one fonnd in Horan's hand. Five photo graphs were introduced showing pictures of prints found on the gun. Fingerprints Related Roberts again asked permission to question Heinrich. He learn ed the witness had received the gun on his first visit to Klamath Falls, that he took It to Berkelev with him, and that he made the photographic enlargement to be offered in evidence. Roberts ob jected on the ground that the gun itself was in evidence and would speak for itself, but the court over-ruled the objection. Tne state s next procedure was to call attention to flneernrlnts taken from Horan's hands after his death. Heinrich said he bad compared these prints with the prints on the Iver Johnson gun. JUld you find any points of comparison that would identify any of the prints on the gun with tnose taken from the hand of the deceased?" asked Cordon. 'I found none," answered the witness. Cordon then asked Heinrich to explain to the Jury how finger prints are obtained and nsed for identification purposes. The wit ness went into a long dissertation on finger printing, explaining how the pattern of ridges on the finger tips ot a hand constitute Identifying material. The special prosocutor then asked the witness to answer Questions concerning the photo graphs ot each priut found on the Iver Johnson gun. Referring to the first picture shown hiiu, Heinrich said tho print was not good enough to be used for comparison purposes. As the other four pictures were shown him, however, he stated definitely he found no points which would identify . the prints on the gun with those from Hor an's hand. Cross Examination Monday The last photograph shown him he described as a "most excellent print." Cordon then learned irom Heinrich that the latter had made direct comparisons ot the pflnts on the gun as wen as ineir photographs, with Identical re sults. With this testimony, the state announced it would turn Hein rich over to the defense for cross- examination. Roberts asked for an adjourn ment. He explained to the court that in the past two or three day he had made two or three tech nical cross-examinations, and that It would be essential to have more time to nrepart for another, Judge Wilson said he would grant the request. The judge also stated that attorneys In the case had conducted themselves commendably from the start, that they had worked hard, and that he would dispense -wlttt tne bat urday afternoon session of court, After some instructions to the jury, and making arrangements for jurors having business to at tend to, the judge adjourned court until 9 a. m. Monday. At that time, it is believed, Hein rich will return to the stand for cross-examination. It is also believed the state Intends to use the criminologist in rebuttal. Highlights of Day in Court (Continued from Page One) (Continued from Page 1) arms wide, then clasps them be hind his 'head. Mrs. Gillenwaters is sitting with the press, almost directly behind her husband. Warm in Courtroom It is warm in the courtroom, but- not hot. Heinrich is back on the wit ness stand. He takes his glasses from his nose and lets them dangle by the bow from one ear. Defense attorney asks him, Should I call you 'doctor' or mister!" " " 'Mister,' " answers Heinrich, There is a murmur among spectators. What does that answer Indicate! The morning recess is short. while the judge , confers with state and delense attorneys In his -chambers. The attitude be tween attorneys of both sides is friendly. On Stand Two Honrs People in the room stir In their seats every time Heinrich states that there is no similar ity between Horan's fingerprints and those on the Iver-Jobnson revolver found near his hand. The state is through with Heinrich at 11:35.- He has been on the stand two hours and 20 minutes, Saturday. Judge Wilson states that Jury man Jesse Hanks will be al lowed to attend to his private nusmess immediately. He di rects Bailiff Henry Graham to take charge ot Hanks. With an attorney representing each side. Hanks will be allowed to dictate letter to the court reporter. The judge asks the attorneys to give Hanks whatever legal ad vice he needs, as the letter will concern legal points. The judge, leaning on the bench, compliments the attor neys on the tine exhibition of professional ethics they have hown. He announces that an effort TOO LATE TO CLASSIFY FOR SALE "2 Ford, good con dition; two new tires. Cabin 40, Klamath Auto Camp. Qenol makes Dull Hair Gleam with Lustre wr'7 -sti: l 'fuv at-v m m To end dull, faded looking hair all you now have to do is use Geral thm original rniaka-ao for thm hair. Geral beautifies the hair as rouge,powderand lipstick beautify the lace. Not a dye, bleach or henna not an oil. Geral gives the hair MOT an artifital look but the matural life, sheen and AH ff soitnesfv of youthful I girlhood. J Th. Bota Bullets Figure Prominently In Manning Trial No.'l. Picked up from floor under oaken chair. Testimony Indicates came from Smith and Wesson revolver which Man lug handed officers. This pre sumably Is bullet that passed through Horan's heart and bruised back ot ehalr. No. 2. Retrieved from body of Koran. From Smith" and Wesson revolver. No. 3. Retrieved from book case behind Manning's red chair, Testimony Indicates It came from Iver Johnson re volver found In Horan's hand. No. 4. Found in book lu case behind Manning's chair. This presumably the bullet that passed through chair. Never has been removed from book. will he made to make ' life at least bearable ' to the jurymen Saturday afternoon and Sun day. The jurors smile... J. M, Justin,' juror No. 4, asks It he can attend to his business correspondence. ' The Judge tolls him to take all. the Jury and the naiiiff to nis store, and let them sit around while he tends to bis mall and writes letters. He Is granted a reduest to make a long-distance call to Bend. Harry Goeller, juror No. 1, Is told mat he. also, can tnltA thA jury to hla place of business while be attends to his work. Court Is adjourned until Mon day morning,, at 11:42 a.' m. This jury business brings smiles, in which Mr. - Manning joins. .. , Irrelevant and " Immaterial (Continued front Page One) which Roberts defended, Heinrich was called in by the defense as handwriting expert Chaney was acquitted. Spectators have - learned that Helnrlch's name is not pronounc ed "Hlne-rick," but "Hlne-rlch." A nap that was what Judge Fred Wilson said he wanted most when court adjourned Fri day. He asserted that he was going to take one right away.. Juryman O. L. Williams had a cigarette in a holder, ready to be lighted, when he left the jury box after adjournment Friday. No smoking Is allowed In the courtroom to keep the air clear, the posters sny. There were only throe Indians la court Friday. Defenso Attorney -Roberts told trleuds that ho belloved the trial would be ended next Wednes day, , The courtroom looked like medical college classroom Fri day afternoon, a doctor was overheard saying. Even laymen admitted it was queor to soo charts ot the human body laid open to show tho otroulntory sys- torn. And that microscope on the court reporter's tablo nddod the , Mulshing- touch to the pic ture. , E. O. Heinrich came into court carrying' so many prospectlvo exhibits that ho dldn t have a hand to raise at Court Clerk Hanuan's desk. Ho had' to de posit his paraphernalia near tho witness stand before ho could raise his band to be sworn iu. Even Judge Fred W. Wilson was ready to concodo that Dr. K. o. Heinrich had been places, and seen things, and that he was qualified to tostlfy In the Man ning trial before the 37 minutes of questioning by tho state were completed. The judge very carefully and unostentatiously folded a oonv ot the Oregonlnn. and sat hunched ovor rending It behind the bench ' while tho eminent scientist told ot his travels. studies and participation In many criminal and civil actions. BIDS FOR AIRMAIL REVEAL ECONOMIES (Continued From Page One) companions on his recent fish ing trip face republican ques tioning when tho senate ocoan mall Inquiry Is resumed. Chairman Black (D-Ala) of the senate ocean and air mail Investigating committee gave a definite promise yesterday that tvermit itoosevelt and Vincent ABtor would be called for ques tioning as to wholhor affairs of the International Mercantile Marine company were discussed during the southern cruise aboard Aator's yacht Nourmahal. SILVER GROUP FAILS TO GET Fl SUPPORT Fire Hazards In Forests Increase SALEM. April 31. IJPt An un usually early foreat fire hazard exists In the state, and already additional men have been placed In some districts. State Forester Lynn F. Cronemlller said today. The conditions have been caused by the early warm seaaon this year. , (Continued on I'ngo Six) United States Chamber of Com- merco building omorged a state ment that "tho legislative situa tion, which recently appeared threatening to business recovery, has become somuwhut more re assuring." Hotter Times Neen Tidings of better times for the tobacco farmers woro given by a government report that their 1833-34 marketing your will bring 1214.000,000. nu increase ot more than 100 pur cont above tho previous year. Acreago re duction contracts account fur 128.000,000 of nil". As a means of llgnteniug oil codo regulation, the administra tion arranged to hack a bill for compulsory limitation ot crude oil production. The liouso compromised with the sennte on tha $316,000,000 war department appropriation bill. Similar senate action will send It to tho White House. It. -lief l'len II cart I A house committee approved sections In tho stuck market reg ulation bill to prohibit manipu lation of security prices and re stricting borrowings by brokers. Organised distillers obtained termination ot their agreement by which they puld farmer par ity prices for grain thoy used and promised to promote uso ot ceroul grain for alcohol. A nlea for federal and stato unemployment relief and higher wanes was presented ut a hear ing beforo Senator Costlgan (I).. Colo.), by wltuosses from several large cities. It woarlod by the busy day, the president and Mrs. Roosevelt had a chance for refreshments at a tent raised on their rear lawn for the Harvardlans. Then again, relaxation was fixed for eve ning at a dinner with the crew of the Amberjack, the craft upon which he sailed the rugged Now England coastline last summer. Nevada Visitors Mr. and Mrs. Clyde Rlchey and daughtors. Bobby Jean and Marjorlo, of Boulder City, Nevada, are visit ing at tho home of Mr. and Mrs. A. P. Eddie of Merrill. Mrs. Rlchey is the daughter of Mrs. Eddie. MISSOURI POLICE ARREST KIDNAPER (Continued From Page One) U. H. Hull sulci, was Victor Kriieiensteln, son ot the Kuv, 0 U. Krousonstcln of nllllugsvllla. Holt, who with Herbert Cook. HlKglusvlllo countable captured Ilia man, said the fuitltlvo crawl ed through a window In the Kroutoiistulii homo about 2 a, m, and waited until members of the ministers family awakened anvnrul ' hours Inter, When tho Kreiuensteln family arose, Vought enturoiV tho kitch en, said Mr, Krouaeiiatelu, oviin golleiil minister, "I'm one of Ills men wanted for tho kidnaping ot a highway patrolman. I want something to oat, some money, and a rhle to Kansas City, ho was .quoted by the minister as allying. He robbed the family of about $3G. The man than said he wanted Victor Krousenstolii to drive him to Kansas City. They left shortly utter 7 a. m. In tho minister's car. Holt and Mock stopped a mot orcar containing Vought and the youth, after they had boon noil fled tho car, allegedly stolen, was headed toward this town from uvarhy illlllnttsvlllo. Vought drow a revolver. Holt said, hut when the oftlcors cov ered him with their weapons he dropped his gun and made no of- furt to resist arrest. ST. PAUL. April 21. Ml In dicted on a charge of conspiracy In collection with the kidnaping of Charles lloeticlier, II, of Den ver, Mrs. Alvlua Until Kohlnr, slstor-ln-luw ot Verne Sun key, was arrested III St. Paul last night and hold pending arrangements for her removal to Sioux Kalis, B. D, Mrs. Kohlor, a slater of Forn May Saukoy, wife ot the outlaw, Indicted on tbu snuio charge, was Indicted by tha district court In South I.akota last March 24, Wernur Anul, head of tha district office of the department of Jus tiro bore, announced tlila morn ing. UKIA11. Calif.. April 21. (AP) A bee caused an automobile to plunge 176 feet Into a canyon 12 miles north of here today, killing Dean Shipley, Is, and critically Injuring Fred lloppier. 18, both of Eureka. Three othor boys were Injured slightly. Shipley waa driving the auto mobile on a grade when the bee (lew Into the car. In attempting to avoid the Insect young Ship- ley lost control of the machine. George Washington twlco re ceived every vote of the electoral college. ASIATIC AIMS OF JAPANESE STIR NANKING (Continued from Page One) at tho vulnornhlo spots In Rus sia's defensive armor. Ha urgod particularly In a call published In the newspaper La I'ravds tho training of women and chil dren "and al hers not tit tor military sorvloo" to carry on should their men he called to fight. ' MOSCOW. April 21 (VP) A sharpening ot Japanese- Ameri can relations as a result of the recent Japanese statement warn ing the rest of tho world to keep Its hands off China waa pre dicted today by tho Soviet press wlKVh , views the Tokyo procla mation as giving a serious Im petus to the danger of war In tho far east. Terming the Japanese action 'an open attempt to proclaim a protectorate over China, the newspaper for Industrialisation says Its purpose appears to be an attempt to break down nego tiations belweeu China and tho foreign hankers who have boon Invited there by the Nanking government. Declaring, "the Japanese claims make mora acute the war danger In tho far east more -than at any Unto before, the newspaper fur communist educa tion state: "At a time when America Is granting loans to China and the ' League of Nations representative Is going there to discuss tho as sistance to he accorded China, Japan declares, 'you can't do It.'" 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