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About The Evening herald. (Klamath Falls, Or.) 1906-1942 | View Entire Issue (April 24, 1934)
THE EVENING HERALD. KLAMATH FALLS. OREGON rAOS nva Dramatic Interest With Second Day of Manning Defense April 24, 1934 Portland Expert Takes Fingerprint of H. M. Manning (Continued from Tit 1) . tnrval of ntioiit (lltcon minute, A. Pi (Irahain, plonoir ronldeut of Klamath oounty, wni th first (li'fimno witness when Hie Man ning trial ooiivensd tlili mom In. liraliam told David Vuudon borg, Munnlng's counsol, Hint In liud seen MaunliiK In tin Klam Dili llardwnr "tor tbuut 1:00 o'clock on tho aftsrnoon of Koliruirx II. Ho (aid Manning wai normal In ovary roipaot and that titer in nothtni to lead hi in lo bo Have th dofondnnt was Intoxi cated. Mate Ito-cheeka Tlinn T, It. tllllenwolors, dlnlrlot at turnoy, meroly re-cliockod tba time with Oraham on cross-ex-Btnlnatlou for tho stato. Prod K. Nulsnu, who baa known Manning sine IS IT and linn lived In tho county alnca I'll, mat tha defendant at Hs nth and Mnln about 6:30 o'clock In tha afternoon of February 12. Ha anld tlioy conversed for about 10 minutes and that Man ning Introduced him to Inmun, who Joined tlium In tho coiivor utlon. Ho. too, told the defense rtmnxl I hum wns nothing about Manning' conilnrt to Itlvo the liiiirceelnn lia wns In toxirntrd. "In my Judgment lit had not won drinking," lia told (iuy t'ordon uiau cruas-oxumina-lion. Former Kinploye on Bland Mr, tloorgla I,. Bokvlit of the Spring take district was tin third witness of tha morning. Mra. llokvlut aald aha and her husband lived for a time In hone In tha roar of the II ore n home and alio atlled Mn. Huron In tho homework to meat rental expense. Upon questioning from Van dmiliorg alio said ehe wua in the llorau bom In November of 1933. "Do you recall any conversa tion with Italph llornn In which he madn th rente against the do fondant I" iho wai aeked, Her reply waa tlita: "Hlnce Mr. Manning had Mime back they had trnublo and there would be trouble again and that some Any It would either ho Manning or ho." Hh attributed thla state, ment to the elaln legislator, Vandnnberg aeked her If lloran waa left bended. "I've Been him pour whin key with his left hand," aha t replied. "In aomo thlngi ho aald bo could use hli left hand ai well a hla right," Sire. Uokvlet con tinued. Tho witness was considerably ennfusad as lo bar dates under Glllsuwatori' cross-exanilnttlon. Moved In I mm She eventually said she and her huehand hsd moved out of the house la September of 1933. Upon the request of the proso cutnr she rapeatod tha statement altrlhuted to lloran. This was ninde, ehe explained, ehortly aftar Don K. llnmllq he rn me associated In law practice with the defendant. Mnnnlng bad retired and gono to Califor nia, hreakliig up his original firm In which Hornn wan a part ner. Later ho returned to ro anm hla practlco In Klamath Kails. R. D, Kllor wns then called for the defense. He snld he 'knew both Horun nnd the de fendunt and that ha had soon (lie roprosenlitlve park his cur on North Seventh stroot n bo ut 5:30 o'clock on February 13. They passed oach other as Hornn was going Into tho Bev mith stroot entrance of the Un derwnnd bulldliiR nnd Kllar was returning from Main street to Ills Insurance office. Kllor told the defenso lawyer he was one of tho witnesses cnllod by the grand Jury In con nection with the case. Cordon oros-oxnmlnod him to chock tha time and the nature of tbolr brief conversation. " 'Have any trouble keeping tho hair out of your eyes these days,' " Slier said Horan asked him. The witness said they were friends and often marie Jocular greetings. - Drlscoll on fitnnd Eller snld he saw nnlhliig un usunl about Horan'a appearance. K. B. Drlscoll, nn attorney who hns hla offlres In the Under wood building, fnllowod Kllor to the stand. He snld ho roturned to his offlco itbout 1:00 o'clock nn Fchrunry II to get his bat. Ho ontered on Main street and loft on Soventh. Ho snld tho entrances wore dark, 1'ho imturo of tills tostliiiony win believed .a point for tho defense to coiili'iidlct aliitn wlliiesse who anld they saw Manning standing In the Hev enth street cnti'iiiicn nlinut the sumo time DrlHioll snld ha was leaving, Drlncoll told tho state on orass-exnnilnntlon he thought tho rocoptlon room of the Mnnnlng ofrice wns dark as ho passed. Ha could not tell- If the private office wore lighted.' Mrs, Murlal Qurlch of the Mc flarthy npartmants came next, Har apnrtnient, she said, Was ncross from the Manning office nnd that slio was In the living room and offlco of tho nunrt munt around 6:00, At 0:15, she testified that she walked to the window and noticed a light In Manning's prlvatn office, Hhn declared her window wns on n slightly hlghor level and that alio couldn't soe it. The shade wns up, she said, Enrl Whltlock was recalled to the stand upon the state's re quest, "Do you I'luoo the tlmo Man ning turned over hla gun to the officers?" ailUmwulors asked th funeral home director, "I would say It was within 10 minutes after 1 arrived," b answered. Whltlock declared this was ap proximately 1:83. Ha snld Hornn'a body was re moved about 0:30 o'oloek. Whltlock said he didn't ob sorve whether the door Into the private office had been removed for the Investigation but "pro. siimed It was undsr the condi tions Ilex McMillan and Leigh Ackeruian were working." He reiterated hla statement of Monday, saying that Dr. Adler waa not Dreamt when the gun waa Ukcn from Man Ding, Pole O'Conncr, sheepman, told the defense ho purked at the gns station at Seventh and J'luo streets about 6:00 o'clock on February 11. "I heard two reports as I walked down Sovonth street. At tho alley I beard two more shots," he snld. lie said he couldn't detect the direction but that he saw some one across tha stroot near the building's entrance Only Kniliiinted Time Ho told Ullleiiwaters ha esti mated the time at 6:00 because be saw so many curt and people on the streets. Ho also sild the space between the volleys wo Just about the length of time It required him to walk the length of the building on th east side of tbe stroet. He said he btard of Koran's denih about t:30 that same night. Ho also told the state he first discussed hearing the abots with David Vandenberg a week ago lad Sunday. Henry M. Olbson of 113 Plna street was railed. He testified to hearing shots on the night of February 12 In Ilia vicinity of 6:00 o'clock. The eacand two followed the flret two within 10 seconds, be believed, The state brought out that Olbson lived from 500 to 6U0 foot away from the Underwood building. Vandenberg pointed nut on ro-dlreot examination that there was very little obstruction between the Gibson home and the building. Mn. Olbson followed her hus band to the atand and anld she beard some shots. She was not sure ' how many, but said bur husband would know. There waa no oross-examlna-tlon. Charllo Walsh was tho next man lo speak for the defense. He ssld ho wus walking down Seventh etreet about 6:00 o'clock when he heard four shots. He said the interval between the first two and tho second two was brief. He wss tho Inst witness before tbe morning recese. David R. Vandonberg. member Of tho defense counsel, noxt took tho slnnd. Iloberts asked the quoxtloni, Vandenberg snld he was re tained In the Manning rase on February 18, HI!) I. and that later tleorgc M. Itotieils be came associated with him. He said he nnd llobert npproneh ed District Attorney T. It. till lenwatere. " lleforo he could testify as to the purpose of their visit, Oil lemvnter ohjecu-d vehemently tn admiwilon of tho testimony. Ho onlil Hint If it wns lite mut ter of iho physical evidence in the rase, which the stntn lind withheld from tho defonso un til the irlnl, Hint he would pro test on flic ground the affair hnd been settled by a ruling of the Judge. Huberts Insisted his purpose In bringing out this testimony wns In connection with slulo evidence that the Manning offices bad been locked up from Monday until Fri day. He said the dotonse wanlod to show It tried to gal In and oould not. Objection Sustained. Judgo Wilson sustained tbe state objoclloti, and upon allien waters' request, asked the Jury not to consider tho mutter In any way lu Its dollburutlons. Roberts said ho wanted to make an offer of proof, and retired with a court reportor to the note-room, 011 leuwators following. When the dofonss attorney re turned, be questioned Vanden berg furthor, thl time about a oonvorentlon the defense lawyers assortedly had with Hardin O. lilackmor shortly attor the shoot ing. He asked Vnndeuborg It It was truo that uliickmer told Vnndon borg nnd Roberts that Manning, on tho nftornoon of February 13, hud bhIiI that ho wns against the recall, but that If lloran was In favor of It. ha would keep his hands off. Vanduuborg said lilackmor mnde such a utitiumout. Roberts thon asked Vanden berg it Black mer told them that Manning at tho time said thai "Hornn was a tine fellow and had a long way to go." . Viiiidenberg snld Ulnekmer hnd mndo thlB statement. This evidence, una offered to im peach lllackiner'a testimony for tho suite, when he donicd hav ing made Hiirh stittotncnts to the defenso nltoincys, The next n lines was fl, It, Pa.vno, lleitllllon expert of tho Portland police department. I'nynO) employed by the do. tense, aald ha begun finger print studies In lout. Ho has been with tho Cortland police department since ltlliSJ, and In now In charge of the burcna of Defendant Tells Dramatic Story of Pistol Duel (Oontlnuod from Page 1) tentlon tfi my personal affulrs. You're lulling lies about mo'," lloran Makes Accusations Manning snld then Hornn re ferred to tho Wood river water llllgullon matter, and that Mnn nlng admitted he had orltlolzod Horan In that connection but It was a closed Incident. The witness suld Horan made other uecusatlons, flnully stating Muniiliig had toia an attorney that he, llorau, was a crook and thut Manning could have him put in the penitentiary, Muuiilni said he denied the oburge, and decided to put Horan out of th office, He suld be then decided to get out him self rather than fight, and as he started to gel up he noticed the open drawer with the Iver Johnson gun visible. At that mo ment, he said, lloran maa a i .- Identification. fie said he clnsslflee ns many ae IOIMI fin gerprints a month. Answering Roberts' questions, lbs witness said that different parts of the surface of the band or foot make prints. In answer ing a question, b seemed to say he could Identify one surface by the print of another, but In cross examination explained that bo could tell whether a print was that -of the ball of a finger, the palm, etc. KxM-rt Makes Explanation, Obviously referring to the stato luiltnouy that there was no print on tho trigger of the guu found In Horan's bund, Roburts asked I'ayne It be bad known cases where a gun had born bandied without leavlug prints, Payne said that If tho hand Is not moist at tbe time of the Impression, no print may appear. "It doesn't necessarily mean, when there Is no priul on tbe trigger or trigger guard of a gun. that either has been wiped?" ssked the attorney. "Not necessarily," answered I'ayne. Huberts then showed tbe ex part the various prluts taken from the Iver Johnson gun. Referring to exhibit No. 47. Payne said he eouldn't toll whether It was a band or foot. He thought possibly No. 46 was from a palm, but couldn't be sure and couldn't Identify 11. On No. 48 ho alghled a few ridges but not enough tor Identification. No, 49 showed a few ridges and two points, but not enough for Identification, No. 50 brought tha same comment. Then Roberts showed blm what he described as "the now-famous Exhibit 61." This was th print B. O. Helnrlrh, state witness, de scribed as a perfoct print and later admitted was bis own, Payne said exhibit No. 61 was a good print. He said there was nothing in any of the prints ex cept this one that could be Iden tified. The Portland expert then gave tha Jury a demonstration of fin gerprinting, getting tho equip ment out of his pocket. Roberts suggested that a Juror's finger bo printed, but Judge Wilson told Huberts to submit as the demon strator. Mnnnlng "Printed." As Roberts returned to the de tcnia table, Manning whispered to him. Roberts announced that Man ning's prints would be taken. The defeudnut walked for ward and I'ayne took tho Ira prosslou of his fingers, In printer's Ink, There was a stir in the courtroom during this proceeding. Monition's prims had not previously been taken, although Sheriff Lloyd Low snid Tut hiy that he and the county Jailer asked Mnnnlng before Roberts to permit them to toko his prints but tho defendant nt that tlmo refused. Low wild hey hnd examined dishes nnd silverware used by tho defend ant, but under a microscope could only find lint, Roberts offered Manning's Prints as defense exhibit B. I'ayne then testified that th defense gut in touch with him Saturday evonlng, and that the noxt morning Portland papers carried a story he was going to Klamath Falls. Uuy Cordon did the cross-exam- luiug. lie questioned Payne fur ther about his Qualifications, ami thon led him into a now discus- sum oi iinger-printing. . Tbe special prosecutor wsniA.i to know It it would not be pos sible to identify prints by mens- uiiiik ma lengm or ridges on the hands, as well as by the. usual methods Involving swirls, loops, oto. The questioner seemed to be Implying that there wns nnnfi,a method ot Identification that ivoum qunuty in studying the proaocutlon's prints of tha lm. prosslana found on tho gun, al though ho did not say so. Cordon then banded Payne tho blue stool gun In the Manning case. Ho askod blm bow the guu oould be hold so that no prints would ba-loft on It. Payne hold II by the edge of tha trlggor guard and by th end of the bar rel. Cordon then obtained from the wltnoss the statoment that tho reasou fingortlps are mod in print work Is that they constitute the active portion of the hand. As Payne left the stand, iidi. erts announced that the defense ha only ono more witness, pre sumably moaning Manning. Ho sm uioi H woum ne unfortunate to break Into tho continuity of his testimony by a noon hour, and asked for an adjournment until afternoon. This waa grantod by me court. grab, and that started the action that culminated In the shooting, Defendant Manning, com posed and apparent ! confi dent, wont to the witness stand exactly at !i80 o'clock tills afternoon, Ha crossed bis knees, rested his chin on hi right hand and began the tory of his life. Utorgo Roberts, chief defense counsel for the veteran attorney and bis friend for many years, conducted tbe examination for the defense. The courtroom was filled. There wss a quiet hush over tbe entire audience. Tells of Family Manning, to only occasional questions, said his full name was Horace Milton Manning and that he resided In Klamath county. He lived with bis wife and one minor son, aged 8, Tbe defendant, looking fre quently at the members of the Jury, suld be was born In Jack sonville. Ore., on Reptcmhcr 20, 1870. Ho will be 65 on bis next birthday. His father, who was once sheriff of Jackson county when Klamath was Included ' in that territory, has been dead for a few years, be said. His mother, now 80, lives with daughters In Arltonu. Manning moved with his fam ily to old Llnkvlll In 1883 or 1883. , "My schooling started In about 1888. My family had moved to a ranch and during the summer I attended a three-months sum mer school. In the winter 1 worked for my bosrd and room. In 1803 or 94 I was Janitor in the city schools under Will Wor- den. I graduated In this elty In 1897." He continued: "In the summer when I was not in school I worked In the field, among the sbcep, drove stages for Captain Applegate and accumulated a little money. "I attended the state normal school at Ashland In 1897 and 1198." "Then where did yon go," the defense counsel urged. "Owing to a lack of funds, 1 went to work ot the old Oregon hotel at Ashland. Then I was employed In the Southern Pacific depot. "Eventually I started east for Chicago to attend tbe North western School of Law." Manning explained that he left here In 1890 and took special work it Chicago to make up deficiencies in credits.. He fi nally secured the necessary sub jects and was admitted to tbe law school. Children at Trial "I graduated In the spring ot 1908. Prior to that time I had married and had two children," Manning explained. His two children. James snd Elitabetb, wero present in tbe courtroom as their lather testi fied. "Owing to Illness In tbe fam ily. I quit school tor a year. I finally succeeded In finishing." Manning said he practiced In Chicago tor soms time. "During my time In college while raising a family, It was nec essary for me to work nights.- I left my lecture at 5:30 In the afternoon and worked until 3:00 the following moving. I usually managed to get to bed about 2:30 and was up at 7:00. Iteturns to Klamath. "I kept this up until I finished my course. My weight went down from 220 to 162 pounds. My . dootor snld I would have to take a rest or It would be an enforced one, "So 1 sent my family to Klam ath Falls. I finished up my work In Chicago and came to Klamath Falls myself." Manning continued; "I arrived In Klamath Falls In March of 1909 and wns admitted to the bar the same yoar." Manning then explained his ac quaintance with Richard Shore Smith, whom be referred to as Dick Smith. Smith is a banker at Bugene and one ot the leading cltlsens ot the state. The two were old classmates. - Ho stepped In with Smith nnd they started to practlco law. He said ho had beon here almost con tinuously except for a ten-month period In 1931. Tells of Associates. The defense counsel, Roberta, then asked him with whom be had been associated during and prior to 1930. -Manning said Smith eventually moved to Eugene because of his wife', 111 health. The defendant then associated himself with John Irwin, Klamath Fall attorney and candidate for oiroult Judge, until Irwin waa aleetmi hi. .,.. attorney. The two purchased om.iu s nuriiry ana moved into bis office. In 1919 Manning suld he met a youug iuau uy the name ot Qa nong also a Klamath Falls at torney and Judgeship candidate and employed him in his office. shlpr tW 'ormod Tanner- Ganong Partner. . Various associates came Into oontaot with Manning in th pro fession, but tbe partnership with Qanoug continued for some years Mr. Van Vaotor (present dep uty district attorney) was with mo for g while," Manning said. B. B. Drlscoll. too, ontered Manning'! employe. "I needed the service of a more experienced lawyer. I met Claude McOolloch and employed him at 3I0 per month. vm' "We nooded larger quarter so we movod to a suite of room 1 had over Bwansen's." There the firm of Manning, Mo-1 Colloch and Drlscoll wa organ ised. Manning explained that he later permitted McC'olloeh and Drlscoll to purchase an Interui In tbe firm. He held a I per cent Interest, McOolloch 38 per cent and Drlscoll 12 per cent. Drlscoll who wa referred to as Eddie wss to care for the detail work. 'There was a lot of work," be said. "A young nun by tha name of llnlph Horan, whom I be lieve was depnty district at torney at the time, Impressed mea nice boy, "The work was too heavy for Eddie. We needed help. We had five rooms and a library, so we decided to hire lilm. I started him at 97S per week," The defendant went on: "Horan was an aetlre boy a nice boy be worked with me and nnder me." Manning said McColIoch did considerable office' practice, but be himself took Horan and Eddie into cases. - "I found both loyal and capa ble young men. I was putting In t lot of bard licks at that time." The Oregon Bank, building was under construction and Manning said the firm moved into a five room suite there In 1930. lie explained also that be bad been absent part of the time In 1928 through Illness. In the meantime Horan wa taken Into tbe firm. Tbe partnership continued un til January of 1981. "At that time I bad complete nervous breakdown." The defendant told tlie jury he and Horan bad been very busy with the Htate vs. Xnckcr case. lloran had dona consid erable of the work because of Manning's illness. ".My physician advised me to take a rest. The partner ship had been running four years. "I didn't know how long I would be ill, so we took up the question of selling my Inter est. I gave them all a con tract. "I reserved the right to re enter practice In Klamath Falls." Manning said; "My relations with alt three were pleasant, close and friendly. "I turned the practice over to the new firm and left for Cali fornia. That waa In the middle ot January, 1931. "I went to the Twin Pine san atorium, spent much time playing golf, and did much mountain climbing. "I then thought I could return that was In September of the same . year and continue my practice. "So I came home." Manning then told of the mar riage of Ralph Horan and Clarice Elliott. He described Miss Elliott as a fine girl of good family. He said be "knew she would make Ralph a wonderful wife, which aho has." In January, 1930, when the firm moved to tho bank build ing, tbe witness said, be was In San Francisco for a diabetes chock-up. While he was In the south, Horan and Miss .Elliott were married. Manning recalled that he wrote them a letter of congrat ulation and the firm derided to raise Ralph's salary to $175 per month. He said he con tributed 78 to the wedding expend. "Clarice IJornn would be a credit to any man. and I think ehe brought credit to Ralph Horan," said Manning, "Did you return to practice when you cam hornet" asked Roberts. The witness explained that ho carried disability Insurance In two companies. He said on bis return he bad an examination by Dr. George Merryman and waa told be could return to work. He got rooms In the First National bank building and began practice again November 15, 1931. He said the office was rather noisy and expensive, and In the. following August he moved to tbe Underwood building. Roberts then asked the witness bout litigation pending between the offices. "At the time of the homo cido there was one case," said Manning, Tfo then explained the details of the rase of Long Bell Sales rorpnmtion versus Dr. A. A. Honle, Mrs. Soule and Jennie Lang. This case Involved tbe Soule sanitarium property. The Big Basin Lumber company bad a me chanic's lien against the property. Mrs. Lang, of Dorrls, had a mort gage of $4000 'On the property. J. H. Napier, Manning said, was attorney for Soule. Manning said Mrs. Lang called at his office and said she bad not been served with papers In the case. Ho told ber she would not need a lawyer until served, and advised her to come In at such time. One evening, Manning said, he met Horan nnd asked him about the case. He wanted to know why Mrs. Lang bad not boon served. Horan told him Kapler was representing Mrs. Lang and that the Uig Basin Lumber company was thinking of en tering a default in the case. Mnnnlng snld ho wns sur prised to loam Napier repre sented Mrs. lying, and check ed up on the situation, Ho learned from Napier that a mistake hnd been made, prob ably by a stenographer, and. that Nnpicr dod not know he hnd been listed as representing Mrs. Long. The matter was explained to Judge W. M. Dun can, Manning then entered an ap pearanoe for .Vs. Lang. He call ed Horan again and told him his client had not been served with summons. Manning demurred to the com plaint on two grounds, h said. 8om time later the case was ar gued and Dunoan overruled Man ning, giving him a eertatn time to answer. Mnnnlng said he talked the matter over In tbe court room with Cy Sweet, Big Basin man ager, and Horan, Sweet said a Long-Hell maa was coming short ly and they would try to reach some basis ot settlement. Some time later. Manning said, Horan called him and said it had been decided the company would take (1700 for Us claim on tbe property. This, Manning said, required his taking the matter up with' Soule with the Idea that Mrs. Lang could advance the 11700 and take a new mortgage. Manning said he was also rep resenting Mr. Peterson ot the Peterson-Johnson Lumber com pany at that time. Peterson bad a contract with a firm In Stock ton and wanted to go there for a conference, taking Manning with him. Tbe witness said he bad until January 26 or 27 to answer to tho complaint In the Big Basin case, He said be did not want to file a foreclosure against Soule, He said he examined the lien, found it good, and advised Mrs, Lang that tbe lien might take precedence over the mortgage. He wrote ber, telling her to come in before he went to Stockton. There was a conference In Man ning's office of th defendant parties In the suit and Dr. Soule wanted more time because be thought be could raise some money. Manning said that he con ferred with Horan over the tele phone and said he would need more time, to February 15, to file tbe answer. He aald he called Don F. Hamlin, his asso ciate, and told him to prepare a stipulation until February 15. Hamlin, he said, by some mis take or misunderstanding, mad It March 16. When the stipulation waa taken to McCollocIi's office, Manning said, McColIoch re fused to sign it, "which I think was proper," said the witness. The time, he explained, was too long. Hamlin came back and said McColIoch would not sign and Horan was- out be cause his wife was In the hos pital. Manning said this wa his hut day to answer Jan. 26 or 27 and Jndge Duncan wa asked to prepare an order. He did so, extending It to March IB. It wa when Man ning saw the order be realized a mistake bad been made and he Immediately called McColIoch, informing him hi answer would be In by February IS and that he had not Intended to ask (or such long exten sion. Manning said that on February 12 his time was nearly np and he had Informed Peterson he would leave with him for Stock ton, by February 15. The morning of that day,, he said, he came down to the of fice to gev ont some papers for the dissolution of tbe Arcade Browing company. After he arrived at hi of fice, about 10;80 a. mM be telephoned the McColIoch and Horan office and asked If Horan was tn. McColIoch said Horan was ont of town so Man ning left hla telephone num ber. Tbe witness said be went home tor lunch and returned at 1:00 o'clock. He said he remembered chatting that afternoon about 3 o'clock with Al Oraham, an old friend. He was with Graham about half an hour. He then told about meeting Gillenwaters and having a drink ot beer with him in tha Palm Garden. He said they talked briefly of tbe recall, and that he at first refused to take the glass of beer until C. A. Bbaefer urged blm to take it. Ha said he be lieved they had two glasses ot beer. Gilleuwater asked him to attend a Lincoln day banquet with him in Medtord and be refused to make the trip. Manning said he remained at the neer garden a few minutes longer, then returned to bis of fice. He telephoned Dr. Hardin Carter about dental work, making a date for tbe next morning at 8:30 a. m. Manning said that while he was In tbe office two men came In, asking him to represent them in a case. This he refused to do because he had been approached by a party on the other side ot tbe case. The witness Bald he then called np Chris Blanas ot the brewing company informing him that the dissolution papers would be ready after 5 o'clock and to bring the company secretary np to have mem signea. Met Mr. luted. He said as he stepped out ot his, office he met Mr. Isted, em ploye of Perrln' office. He chat ted with Isted a moment and then went Into the reception room ot T. R. Gillenwaters' office. He said he kidded Avis Toung, Gil lenwatere' stenographer, telling her he bad seen Gillenwaters, wuao, auu mat ae naa work to do. "1 have no recollection of staring at her," said the wit. ness, referring to Miss Young's statement on the witness stnnd. In a moment, he said, Orth Siaemore opened tho door and. tavkod him to come Into Sise moro'a office. He described his conversation there with Sisoinore and Hardin Black nicr. "As I remember." said M. ning, "there was some kind ot a teud between Ted Glllenwaten and Ralph Horan. In speaking of tbe recall, I think I made the remark that if it waa fight be tween Ted and Ralph, I would aeop out OI 11. He said he believed he said that Horan was a bright young man who would go some dis tance, He didn't remember If a disparaging remark about Horan by Blackmer provoked the re mark. Manning said ha his of floe about 6:20 p. m. Tbe aienograpner was through with the brewing firm nanera. Man. ning said he took the paper into hi private office and put them In the central drawer of hla desk. Blanas soon came In a th stenographer went out. The sec retary ot tbe firm was not with him and Manning told Blanas to take the papers and get them signed. Manning said he then went to the Eagle pool hall tor tobacco. and returning met nr. Nelson and Mr. Inman, with whom be eon versed on tbe street. He said be thought this was about 6:35 p. m. Roberts then showed Manning the blue steel Smith and Wesson gun in tbe Manning case. Th witness said he purchased the gun In July or August, 1933, for 63.76 from a man who came into his office. "What part ot th drawer did you throw the gun?" Robert asked the witness. "I don't remember, George," he replied. "I usually clear my desk when I go borne. It had slipped to th right hand of the drawer." Manning was then handed Ex hibit 31 a state exhibit. Roberta asked It be knew what It was and when be bad seen It. "Well, Mr. Roberta, I can post tlvely Identify that gun." It was the Iver-Johnson. "I'm not familiar with the number. I am humanly certain it is the gun I purchased," Man ning said. "I purchased It in about 1906 In Chicago. I don't remember exactly, it wa so many years ago. I've bad It ever since. "One morning I saw a light In the front room abont 2 o'clock. (This was in Chicago.) "There was someone standing in tbe bedroom entrance. It was a man. I felt helpless. The next morning I went down and pur chased tbe Iver-Johnson." "Where has It been for the last several years?" Roberta inquired. "During these years it haa been In my office desk. Sometimes at homq. In 1931 after selling my pannersnip j gave It to Mrs. Manning. She had to make a number of long trips to see me In uanrornla. "I have had it at my cabin at the Lake o' the Woods. It has Deen in the possession of Mrs. Manning when I'm out ot Klam- atn rails. "She kept it In ber bed room." "The little boy began to be RMDILL 4 BIG DAYS STARTING WEDNESDAY STOCK UP-- - SAVE MONEY; HUNDREDS OP ARTICLES IN THIS GREAT ONE CENT SALE, ALL HIGH GRADE NEW MERCHANDISE FRESH FROM THE MANU FACTURER THIS SALE IS FOR 4 DATS ONLY 1 HERE ARE A FEW OF THE ARTICLES . YOU NKKD MkTY MY. GET BIO CIRCULAR FM , COMPLETE LIST TOILET GOODS Face Powder, Crtatot , Lotiona, Perfume) Toilet Water FORTH! MEN Staring Cream, Lotions, Hair Tonic ASPIRIN TABLETS FINEST QUALITY I ORAIN 5e Bottle f It J FOR Sic ; Mc COLON I AL CLloB SHAVING CREAM, 2 FOR He I J-0V BUT IKON ARB) Hint 2FORS1.01 2Sc NELSON'S BABY POWDER 2 FOR 26 $LM SPRINQ BLOSSOM FACE POWDER, 2 FOR He Mc CAMPHOR ICE LOTION 2 FOR 51c RUBBER GOODS S fot the Price of One Plus a Penny AND HUNDREDS OF OTHER THINGS YOU NEED VEIIESMY : TEXSS9AT CXI curious about It, anil ometlia) early In January Mra. Moa ning caught hint with M, "She thought I had better Uka It. I took It to th offlo early In January, and tossed It Into my desk. Never thought much about It again. It lay on th right hand side of tha drawer. There were no cartridge other than what were In th gun." "Have you beard tho testimony eonoernlng a bottle thrown out of your of tie wludowsT" th counsel asked, "Yea." "Now, gentlemen," ald Manning, turning to the jury," "There wa never on the en tire day of February 10, a gin bottle faa my office. There wa no gin bottle thrown out of a window by myself or any one else In my presence, "I heard Rex MoMlllan testify that a label waa found In a waste paper basket In th re ception room." . Roberts spoke to Manning and th witness changed bis remark to refer to the ante room. "The last time I was la my reception room waa before I went into Gillenwaters offlo or before I went to tbe Eagl pool room ' for some cigarettes. There waa not a woatepaper basket there." "I have heavy - mahogany desk I purchased along with a chair and waatebaaket and tele phone atand to match. Manning said there was ho other basket in his office ey la the anteroom.- "There never has been basket In the anteroom as long a I have been In that office. There wa none thera eu February 12 when I last waa In there." Manning said be was In tba room about 6:30 when h went to get his bat. "No label was taken oft a gin bottls that day by me and a I remember, none for several daya . back." The defendant spok mphatl- cally. Manning then explained abont tbe window curtains In tbe ante room which he said wer mad by hi wife. He said they would not rats with the lower windows. On of th Juror asked a question about tba curtain and Manning answered, calling th Juror by name, "Mr. DonaiV FAMILY REMEBIEf Tooic, Laxative, Dyspepsia Medicia, liniments, Tablet FOR YOUR MEBIUNI - CABINET - Drugs, Medicine Powder, Tablet . . 5C MACV-LAC TMTH PASTE TWMOJRtt,2rMni 7Se THEATRICAL COLS CREAM 1 POUMB) TINS, 2 Pt)R 7S Mc BENUINE ASPHNN BOTTLES OF US, 2 FOR I Mc PENSLAR MILK I MAONESIA, 2 FOR I Mc PEM-OESIC UQUtO ANALGESIC FOR PAM 2 FOR Sic FINE STATIONERY S (or the Price of On Flu Penny . : FKiSAT : MTCZIJIT o CEfo5