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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (April 21, 1934)
THE EVENING HERALD. KLAMATH FALLS. OREGON Dr Heinrich, State Witness, Takes Stand April 21, 1934 Friday Woolen Particles Declared Detected in Bullet Marking Dr. K. 0. Holnrlch, Horkoloy crlmlnolotflHt, timtiflod in tho MaiuiliiK murder trlul Friday that hu found black woolen fllircB inilioddud In tho liullot lrulno on tho back of tho oaken chair In Iloraco M. MannliiK'B law office. Tho tuHllmony Ih roKitrdud iih n major factor In tho ntato'8 caHO In that it tends to connect tho body of Halph W. Horun with tho chair at tho time a bullet wuh flrod throiiKh lIonm'B heart on tho ovonlnjr of February 12. Tho Btato hopcH to show tho fibres in the bullet mark carno from Ilorun'a cout.' Tho Htuto ban corwlHtontly aouffht to prove that Horan was Hlttlnif in tho onkon chair when ho was killed. By modical evidence, supported by additional modlcal testi mony Friday, it has attempted further to show thnt tho bullet that passed through his heart and hit tho chair was tho first of two fired Into his body. Tho Htato hopes to provo his thoorv beyond a reason ablo doubt, thus to forestall a sulf-dofonso theory of a scramblo for uuns and a duel. Tho long-awaited HHnrlch en mo to tllu ilmnl In mlil-aftiT-nonn Friday. Homo S7 mill"!" wore ilnvnlvd In nnalillslillig lilt qiiallflratlona as an export. Al the outset of questioning In tho Manning . t'nrdon asked linlnrlt-h to hcullntii bi'fww.i an swering III nnlnr to give oiuioslng rnuiiiK'I lltnu lo otiluct to tho quonllnn. Thn iul then prorerd d. with Heinrich sIvIiik lonitiliy answers lo tho questions askuil him. " Cllii'ks l'lnt Ho aald bo came hero on Ki'li ruury H at tho request of (III loiiwslnr. Ho went with tho district attorney and others to llio olflcon ot , llio 'defendant, Manning. Cordon hnd tho plot of tho Maiming oftlcee i't u and lloln rich explained his olisorvullons. Flo mild ho win mot thero by W.i 8. Walker, elato policeman, llo wont Into tho Manning pri vate office out of tho reception room. Ae tho douf opi-uod, ho snld. lit rye fell on flno mo hogany dnk. covered hy a shrol ot gla. and with tho lop littered wlih papcra, ' llo mM lie mtw llio ookrn rlmlr In from of llio l"k ami near Hi- wall, mid tho rnl leather rlmlr behind llio desk. In llio corner bark of nncl lo tho left of Manning's desk, ho Willi, was lilnrk leather up holstered nnn clinic. Thin l (tin rlmlr llio defense lm in nl.iiil on locating In the room, lirlnrlt-ti described other rural turn In tho roam. TUo criminologist mid ho first examined tho room to doloct evi dence of ncllon of firearms. Ho pnlrl thai ho Immediately M In rilratlons of bullet marklnge on tho oaken rlmlr, chnlr No. t In tho cano. Ho nlo saw t-vldoncrs of hullot marklnge on tho rod leather rlmlr. (No. 1). Heinrich aald tho Imllot mark on tho rod lrnthor chnlr wnii a puncture and directly behind tt In a book caso wna a legnl vol iimo. In whlrh wn Imbedded a bulli't. Ho nld tlioro wna a bruise on tho hook case whore tho cover of tho hook had brrn expanded by tho cnlranco of tho bullet. firnInK lnrk Higher up. ho said, there wna a graslng mark whoro a bulli't bad nnsscd. perforating tho aliolf, Hrinrlrh anlil be culled for Informntlon nboiil firearms ro. rovrrrd from the law offlrra. ' llo received llirm and exam. Inn! thorn. At thin point In hi testimony, rio Idriillflril tho Kmltli anil Wcs.on iron Mnn nlnR linnilril offli-rr tho nlnht of llio alinntlnK, anil llio Ivrr JoliniHin giin fonnd In Iloran'a hand. Tho wltnona tald hfl oxnmlnrd tho Rnna and rnrlrldRoa, and Iramod four ahota hnd boon flrod. Offlcora provided him with tho hnllotii nno rotrloyrd 'fronv Ho ran'i body, ono found In tho book enno hrhlnd MnnnliiK'a rlmla, and ono found on tho floor un dor tho onkon chnlr. Htilillra llullrta "I Ihon workod on tho hullot mnrka In tho room," anld Holn rlch. "I wlahod from tho hullota to dotnrmlno which hullot wna flrrd from which, woapon. I ninde a microscopic oxnnilnntlnn of thn hullota to dntormlno tho chnrnctcr of tho mnrkii on thorn." llo anld do found III Hint ox nnilnntlnn Hint llio bulli't plrkod up from under llio rlmlr hnd bnrn flrod from n Smith nnd Woanon revolver. Tho Iml lot In llio hodv of llnrnn nlo came from a Hnili nnd Won on wenpon, (MiiiiiiIiik linmled offlrera the Hmllli nnd WeBon Kim, nnd thla rherked with tho Inferenrea of Ilia atory). Holnrlch mild tho flnttonod bul let which hnd born froed from tho book enso hnd boon flrod from an Ivor .lohimon revolver Tho criminologist then went In to a leiiRlhy oxplnnntinn to tho Jury of how ho dotormlnod from whnt'miiko of gun hullota have hcon dlnchnrRod. Thla, ho anld, wna by , Identifying tho marks Hind a by uplrnl rules In tho bnr rel of a Run, Oil tho hauls nf lila evninlnn Hon, he hii Id, ho found Hint two bullets from the book enso rnnio , from nn Ivor Johnson Klin. i Thn lines of fire, he snld, rroasrd enrh other ni nn nnRlc of 110 di'Krrva, . . . Tho hitter . atntrment went tlirniiitli without n defense oh Jcrtlon, nllhoiiKli It la ri'Knrded of considerable alHnlflennro In tho ease, ('rnss-flrn dooa not fit Into tho duel theory, V Htndlea Chnlr Holnrlch anld ho then boRnn thn Investigation of tho onkon nhnlr, llo anld ho votlflod tits nmrk nn Its back na a hullot mark hy dlst'ovorliiK hullot lend nn thn aurfaco of tho wood. Ha aid ha found that tho wood was pressed n and splinters had boon broken off, toward tho lowor and right sldu ot tho chulr, Defense Attorney Itoberta In-sl-t' il that Hnlnrlch could merely tell whnt ho nw, and could mnko no dedurtlnna wllhout Riving tho dofensn Hmo to ohJocL Cordon rnutlonod Holnrlch to proceed nliing that lino. Thn witness, aald tho bullet bruise was in tho form of tho howl of a spoon. Tho axla of tho mark, with respect to tho floor, was 34 degrees, ha laid. Kinds Wool It was hero Hint llelnrlrli anld Hint ftliihrr rxumlnallon of tho bullet nmrk disclosed linlii'ilileil In thn wood were blnrk woolen coat fibres. Tbrso wore numerous and tiny, he tesllflrd, mid It would require Bond light and rxrrllent eye sight to di-tort them. , He said ho niuilo no effort to count them. 1 Holnrlch then stated he would prepare bis microscope so that tho Jury could examine the bullet hrulfo and soo tho hits of wool, which the atate will claim came from Iloran'a coat. Thla process concluded tho court session. The Juror filed out. looked Into tho microscope, and wont back Into tbo box. Judge WIIon adjonrnod court. Holnrlch had boon on the atand an hour and 40 minutes, having come on around 3:30 p. m. Thnro was a etlr In tho audi enro when Holnrlch. a "prnfes sorlsh" appearing man of inlddlo ago, enmo Into the courtroom car rying rolls of paprr, a boxed mlc reacopa and other paraphernalia. Ho took tho stand and Dhtrlet Attorney (Iny Cordon of Dnuglna county, apodal prosecutor In tho Manning rase, did tho question ing on dlroct. examination., Holnrlch explained he was a consulting crlinlnnloclat, practic ing In tho fields of physics of chemistry as thosn sciences aro applied to Invostlinllnnnl prob lems of evldonre. - Cordon, then led him through a long sintomont of hia experience, training- and other qunlirirntlons. Tho criminologist snld ho grad uated from tho Fnlrorslty of California In 190R. having studied chemistry and collntnral subjects. Hhortly after leaving U. ('., ho anld, he bernmo city clieniM for Tncoma, Wash. , . Askod about hia experience In hnlllHtlrs, ho said bn began,, thla study more than 20 years ago, nnrtlculiirly In tho nintlor of Identifying projocllloa with the arms from which they had been discharged. Ho told ot hia study of anntnmy In connection with violent deaths, hia exporlonco in fingerprint work, his studios in Kurope, his readings on chemis try, physics and criminal investi gations, tho courts ho had ap peared In. Then he told of hia laboratory at Iterkoley, lta library, . micro scopic equipment. .nnd other para phernalia nocossnry . In roflnod methods of criminal Invoatlgn gntlnn. Ho went through tho court cnHcs In which he hnd boon Involved and which. hud boon sup ported In nppoliito courts, In cluding tho Alturrts mho of atnto versus Togo, . i Iteferrinn to. famous coses with which ho hnd boon con nected, ho listed the ciiko ' of I'eoplo versus Arburkle, alnto versus ll'Aiitreinoiit brothers, peopio versus . . I,nmson, mul others. He snld two rases, one from Klaiiiuth . nnd nnother from Multnomah coll lilies,, hud been referred to liiin, , , , School Musicians ' Meet at Corvallis COnVALMS, April 21, P Sovornl hundred high school mil- alclnns representing 25 schools wore hero today far tho 11th nnnual stnto high school bnml contest, tho flnnls of which will bo held tonight. High Heboid chumpinus In more thmi a half doion bund Instru ments woro n n mod Friday aftor highly competitive solo oontoBts, Kugono mttslclnuB wan throe firsts and two seconds yestorday, conipnrod with four firsts for W.ext l.lnn, and , two firsts, ' two hocoihIs nnd n third for Joffor son ot Porllnnd. Captain Applegate Will Conduct Tour Ciuiluln 0. C. Anplognta will conduct a trip to. the Lava Beds 8unduy. The party will leave at 8 a. m., from In front of tho courthouse. ' , , Judge Frod Wilson of ' The Dnllos, will accompany the onp tnln on tho trip. Any others who euro to go are lnvltod, Cnptnln Applogato anld. They should bring lunch and plonty of water, PATHQLQG ST TESTIFIESAT L Testimony of Dr. Frank Mnnnc, Unlvorslly of Oriixou pathologist, supporting tho suite's I henry thnt Itnlph llnran wus killed by tho first bullet thut struck him, was a f i n tu ro of the eurly Krldny uf tnrnoon session of the Manning trial. The defenno alnu used Dr. .Men no In dnvoloplng testimony concoriiing tho posslhlllty that a person stmt through tbo heart might walk and havo cnrtuln mus cular reactions pertaining to thn defense theory of what happened In Horace Manning's law office tiin night of February n, Deputy District Attomoy Van Viiclor handed Moune a sheet of pnpur which, hu said, purported lo contain a hypothetical ques tion. Dr. Men no stutod that he hud provlously received and read the question. Vim Vactor then road tho question lo tho Jury, It gave as a hypothetical case, a young mun approximately 30 years of ago, approximately six font In height, weighing approx imately 130 lo 140 pounds, a lawyer by profession, who had received two wounds, ono In the arm and ono In tho chest, giving exact details nf tho wounds found on tho body of Itnlph Ho run hy Dr C. V. rtugh and Dr. Ccorgo II. Adlor, county coroner. It asked which of tho wounds, In this hypothetical case, would havo boon received first. Dr. Monno, replied that, In bis opinion, tho bullet .through tho heart was the first one recolvod, passing ns It did through two main chambers of tho heart, which stops heart action and would produco the condition of vory little blood around the arm wound. "How quickly 'did the heart atop boating?" asked Van Vactor. "There waa almost Instantane ous unconsciousness," Dr. Mcnne replied. Ha first slated that this would occur In two minutes, later amending his statement to sny that unconsciousness would occur in five seconds. Defense Attorney Roberta ob talued from Mcnne the admission thst a person shot through the heart might walk, and that in tho muscular reaction his feet might go back and forth or up and down. Charles Srhater, proprietor of Iho Palm boor gardon, noxt took tho stand. He said Manning and T. R. Olllenwsters were In his place of business after 4 o'clock, February 12, and that at his re quest tbo three of them had slx-nunco glnssos of beer. Ho said Manning talked about the rocall. and sold It was not fair to attempt to recall (illlouwators. Scbnfor said Manning talked freely as if he had had a drink or two. Olllen waters then took the stand, and was questioned by Guy Cordon. Ho told of the same Incident that Bchafer had related. Ho sold that at first Manning stated he did not want a drink or any beor, but finally took tho boer. Clllenwnters said ho askod Manning to go to Medford with him, but the lutter rofusod. Ho said Manning . ap peared to havo been drinking but was not Intoxicated. Askod hy noberts It ho himself had been drinking, Glllonwatora said he bad not. . Medford Child , i Burns With Home MEDFORD, Oro., April 21, (yp) Two-yoar-old Dolores Bverhard wus burned to death late Frldny, when tho family residence In the West Phoenix district was dea t roved by fire. - ..Two other children escaped. Stato police believe the children hnd boon playing with matches. The flro broke out while the children's mother was vlsttlnir the mall box a quarter ot a mil I away. Sho had loft tho children alone while, going for tho mall. I MURDER TRiA Highlights of Yesterday's Session of Manning Trial lly J ASK KI'l,i:V Friday morning. Tho courtroom Is filled an hour before time to open. Dnfouso Attorney Vuudimborg sturts tho Jury's electric tun at 8: fjl. Tho corner would havo no veutllutlun otherwise. Tho Jury starts tho duy In the box with a little manual tabor. Fred C'ofer, Clyde Williams and A. II. Koenan turn the lattor's swivel chair Jury sout No. t upside down, whllo Koenan op erates a large oil can In Hit mecbuiilsm. Roberts ask Claude McCol I'aJi, on tho witness stand, what I,, nil of whiskey was in the bot tle he gave Ralph Huron. Mc Colioch aays "moonshine." Mary Mlstoky of Mulln is a colorful witness and her accent Is delicious. When Roberta asks her if she can read English, she unswers: "Ask him," pointing to 011 lonwatcrs, "he's my attorney." Al Ulsbop looks like the hired man in a picture Illustrating "The Karmor in the Dell." Tho courtroom is cool this morning, Mrs, Sarah Galloway provokes smiles when she cxplalnes why sho hasn't told her landlady definitely that she heard shots. "I didn't want to get mixed up in this business," say Mrs. Galloway, "This court business, I moan. I've never been In such a place.", Mrs. Gladya Stephen looks like a witness In a moving pic ture courtroom scene. Her poise, dress and features make ber the kind of witness Juries are sup posed to fall for. Bam my Gordon comet to the open courtroom door with a thick bunch of handbills adver tising the wrestling match. A ballltt drawi him back Into the hall. Judge Wilson turni the switch on the electric fan to make It go fastor. Juror' Frank Howard opens hi coat to let the current in. Juror J. M. Justin turn up bis face as If he feels a breeie. There is a murmur among spectators wbon Hardin Ulack mer testifies that Manning told him he was against the recall, but would keep out of It if Ralph Horan were backing it. Whllo questioning Orth Slse more. Defense Attorney Vanden berg sits In exhibit No. 3, Man ning's red . leather chair, puts his papers on exbiblt No. 13, Mannlng'a office desk, and cross examines the witness. A tone ot disapproval- runs around tho spectators' section when Glllonwatora aska that GET THEM FRESH Carbon Papers and Typewriter. Ribbons should be fresh in order to give clean copies and longer wear. - - These goods if left exposed on the shelves for a long period will dry out and be unsatisfac tory for use. , Our I Ribbons and 'Carbon Papers. are shipped fresh from the factory, each "week and ere in proper condition to give the best results. . You are assured of . cleaner work and longer wear if these supplies are furnished by Shaw's. We will gladly advise the proper weight end grade of carbon for your particular work. sliau) StaMonern Compann Jiafc J CsVffU Phone 602 729 Main St. court be re-oponed at 2 o'clock Instead of at 1 p. in. Tho reason Is disclosed short ly aftorwurd. Most of tho poo pie keop their seats. Quite a tow tuke sandwiches from small packages or paper lacks, and start to tut. Dr. Frank R. Mcnne of Port land looks well fed. He fills tho witness chair. There Is a stir of Interest when Itoberta asks blm what compensation ha will receive from the state for his testimony. Hut it dies dwon when Dr. Menne roveals that he doesn't know. , A storm comes up from the south. Windows are closed hur riedly. They have streams of water running down them. District Attorney Johnson of Slxklyou county snakes bands with Manning and talks to him for a tow minutes. Then he sits down bosldo Captain Applegate. Glllonwatora takes the witness stand amid whisperings and rustlca of surprise. He la testi fying at tbe trial he is prose cuting. Excitement In Intense when Special Prosecutor Guy Cordon - asks him " If Manning were under the influence of in toxicating liquor at about 4:30 on February 12. "He had been drinking," re plied Olllenwater slowly and ENGINES AND OTHER UNITS RECONDITIONED AT THE FORD FACTORY ' HENRY FORD believes that the engine over haul should be a factory job. For in the Ford factory are the men and the machines which produced the engine originally. Engine overhaul should have the same advantage of our precision equipment and methods which engine manufacture had. That Is our proposal to you. PRICES FOR EXCHANGE OF FACTORY RECONDITIONED ;: :V . units Engine (V-8) . . . .$49.50 . .. Engine (4-cyl. A and B) . 46.50. 1 Distributor ..... 1.90 Carburetor . . . . . 1.85 : Shock Absorber .... 2.00 , Fuel Pump . . .' . ,. 1.65 Clutch Disc Assembly . . 2.75 . Clutch Pressure Plate . . 3.80 Brake .Shoe . . (each) .55 fnctudn liuMilttion. SUthtly hither sal of the JtocfciM. ' FOR See the New Ford V-8 Cars for 1934 k Now On Display - BALSIGER MOTOR CG. with emphasis, "but ba waa not Intoxicated," Roberta cross-emsxlnet him, but does not try to confuse him. "How many glasses of beer did you bve with Manning?" ba asks. "One," nnswored Olllenwater with a smile. "We didn't have time for any more." Dalllffs go around tables with pitehors containing fresh wator and, at last, tinkling Ice. It almost seem as if applause Is in order, when Heinrlch's name Is called. Everyone has boon waiting for him to take tbe stand. He comes In, ell eyes upon him, loaded down with luggage. People stand up to get a bet ter view. He is a pale mas with a red nose. Perhaps the most noticeable thing about him Is a prominent wisp of hair. It is like a thin cloud trailing forward over the bald part of his head and ending In an ephemeral curl on bis fore bead. When the electric fan blowa It, the Illusion is complete. He talks with a slightly broad "a." Another electric fan, smaller than the first, la now doing duty at the other end of the Judge'a bench.' It blows the brown curtains on each aide of Judge Wilson. It Is probably hotter up high where be is, than down in the seats. Well, everyone la plenty warm, much too warm. It takes Heinrich, answering questions, exactly 26 minutes to recite his qualifications as an "Wt hav efsMrs bettered that a sole doe not complete the transac tion between ut and the tar buyer, but eUabllthe a net obligation on su to that hit car give Mm good tenice We are at much fas fretted In your economical opera tion of the car at you are in our economical manufacture of lu" PIONEERING A SERVICE TO FORD OWNERS D MO T OR C O M Main and At Vox Theatre mm Greta Carbo and John Gilbert in "Queen Christina" Greta Garbo and John Gil bert in "Queen Christina," which opens Sunday at tbe Vox theatre for an entire week. Garbo and Gilbert are supported in the pic ture by Ian Keith, Lewis Stone, Elizabeth Young, C. 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Ask any Ford dealer about this new money saving service for owners of Models A and B and eight-cylinder Ford cars and trucks. . This is cm exclusive Ford service. It is one of the Import Hant reasons why you should own a Ford V-8 the only V-8 under $2500 the car which hun dreds of thousands of owners say is the most economical Ford car ever built. TUNE IN FORD DEALERS' RADIO PROGRAM. Fred Wabing and Ills Pennsylvakians. Gloriout mmtic Beery Sunday night at 8i30, one! every Thurtday night at 9i30 (E. S. T.). Columbia Broadcaulng Syttenu Ami tn the meantime "Pafch The Ford Co By." ' Esplanade olgar box, about whleb ipeetator) have been wondering, la solved Holnrlch aay ha did. Three aoraams are hsard auk side or In a nearby building Many people Jump nervously. Manning rooss In his ohalr hand on chin, while Helnrlcl fixes hia mloroscop and lay Iht oaken Manning chair on Iti back. The detondant' sot an daughter take seats on aid side ot him wben hia attornsyi go over to watoh the proceii. Juror Keenan Is the first at the Jurymen to look through thi microscope. Thompson la thi laat. Everyone, for once, would Ilk to be In tho Jury's place Jus) long enough for a peek. It la a relief to get out 01 the hot courtroom Into the trees air. Court la adjourned tt i a, Childern Warned Against Canalt Police of (leers have been de tailed on apecial duty to patrol the banks ot the governmsnl canal In tho elty limits, accord ing to announcement from Cnlal ot Police Frank Hamm Friday. Youngster have bean playing upon the bank of tho oanal Into which Irrigation wrtar hat been turned, and the asmmei menace ot drowning again eon fronts the ally, tbo ablaf assert ed. Parent are naked to ieoparati with the police department, and to keep their children ewaj from the treacherous body of water. P A N Y