PAGE 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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e f 1 'r ft r r-f 'mil nita nllsiialiig .him
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e Mkliae; stmlwi, aisjistsUs la fcoiakt, asvaW
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e Stainless steel fetala- ckurixr, caaaet chip
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