PAGE EIGHT THE EVENING HERALD. KLAMATH FALLS. OREGON April 2fl, 1934 Roberts and Gillenwaters in Closing Arguments Today to Expected Start Study Early Tonight (Continued from Pag 1) on sympathy, but evidence," he wld. "I My this because the prosecutor knows his case ii weak tuid he must rely on sympathy and eloquence." Roberta discussed the Big Basin Lumber company litigation pend ing between the two offices. He . laid that It was Manning's only purpose to delay the foreclosure -which would prevent someone from retaining his home. Manning's Record Lauded. "Go back In your minds and think of the many times Horace Manning has been generous, hon est In all dealings, upngni ana a community builder. Does this aonnii like a murderer? Continuing his reference to the litigation Roberts said: "He called Ralph Horan for the nurnose of learning It It would bo agreeable to give an e tension of time. There was no misunderstanding between his of fice and that of Ralph Horan and Claude McColloeh. He had built up these two men to their posi tions In the community. He made . them successful. Why should there be anything but friendly feeling. The state can show no pre medltation. "I am at a loss to under stand upon what the state can base any theory of first de gree murder. Why should they . place such a charge on the evi dence they had except that the charge is not bailable." Roberta explained that E. O. Heinrlch. the criminologist, had In bis possession "every bit of physical evidence In that office." He said the defense never had an opportunity to examine the ex hibits nntll they ' were brought into the courtroom. The Medford attorney, a noted trial lawyer, said the state started at Manning's actions at 10:04 o'clock on the morning of Feb ruary IS to show premeditation of murder. "Mr. Manning pursued an or dinary course that day," Rob erta said. The attorney declared that there had been no feeling of malice or venom that morning. Be said Manning spoke friendly to McCollocn, and that his activi ties of the defendant couldn't mean what te state said they did. He spoke of the state assertion the defendant had been drinking. and referred to Manning s taking glass of beer with the district attorney In the afternoon. "If the district attorney can take a glass of beer, it can't be so particularly bad. Horace Manning didn't want to drink. The district attorney or Schaef fer Insisted upon it. "M Manning was intoxicated, would the district attorney in vite him to have drank? It isn't reasonable." Roberts went through the state witnesses who said they saw bottle hurled from Manning's windows, tie reviewed the test loony of the defense, compared the two, and declared that the state must be wrong. "The state caBe is based upon circumstantial evidence," he said. "If one link Is broken then the state case fails." He pointed to the testimony of J. Isted, who declared he had talked to Manning and said that he was not drunk, and the re marks of Howard Perrin. "The evidence of intoxication came from someone associated with or formerly associated with tne district attorney," the counsel Declared. Friendly Feeling Shown. Roberts pointed to the test! mony of various witnesses to snow that nothing except frlendlv feeling had been harbored by the aeienaant toward Horan. The counsel discussed the wit nesses who said they had heard 'shots snd compared the testimony of the state and defense. The state testimony indicated that there bad been a considerable in terval between the firBt and sec. ond volleys but the defense said tney came close together. The remarks of William Kitt. ridge, who sat a't the window of his apartment and beard only two snois, was onered as proof that other state witnesses who said they heard four or five shots were wrong. Kittridge, who was a state witness, corroborated the defense testimony, Roberts declared. After the morning recess, Rob erts brought np the subject of the curtains In Manning's office. "You'll notice," he stated, "that, according to the photo graphs taken that evening, the curtain of this window where state's witnesses said the gin bottle came from this curtain is drawn. It would have been necessary for a man to pull the curtain aside with one hand and throw the bottle out with the other." He Illustrated the position of the window from the desk, the waste-paper basket beside the desk. "Was Horace Manning sup posed to have been In such a state of Intoxication that he'd toss the bottle into the street, a crime In itself, in order to attract atten tion to the fact that he had been drinking? Wouldn't he naturally, If he had emptied a bottle, place it in the basket near lilm?" The defense counsel attacked the testimony of Ed Richards, au tomobile mechanic, who had stated on the stand that the bottle came from tho window. Richards, he claimed, as revoalod by a defense witness, had told "Red" Piper only two days the shooting that he thought the bottlo came from a car. "Has the burden of proof gone over to our side?" he demanded. "Do we have to prove we are not guilty?" Roberts explained how - Man ning took some papers out of his drawer for Chris Blanas, and left the drawer open a little, dis cussing business rationally. Ho pointed out that two witnesses saw Manning at 5:30, only ten minutes before the "gin episode," and that he was sober then, and that Manning had made an ap pointment with his dentist tor the next morning over the telephone, explaining that he was going south In a short time. "Do these," he asked, "sound like the actions of an intoxicated man?" Horan's Drinking Told. Ralph Horan, he said, had been drinking whiskey with friends. and three highballs will affect a man in a little time. . Manning had been drinking beer. He asked the jurors to judge from their own knowledge If Horan could have been sober on whiskey and a glass of beer, and Manning in toxicated on a few glasses of beer. He cited the evidence brought out by the defense in cross-exam ination of Lloyd Low, to the ef fect that Low had found a bottle partially tilled with whiskey In Horan's car. Low did not give this information during direct questioning, he said. I don t know If the state want ed to keep this evidence a se cret, or not. But Sheriff Low ad mitted it when I cross-examined him, and finally brought the par tially filled bottle as an exhibit 'Facts speak in this case, gen tlemen," he stated, "and they are conclusive proof, when a dead body cannot speak the truth and these little white messengers of truth don't always carry mes sages." (He was referring to the cards found on the floor of Man ning's office, called "messengers ot truth by Guy Cordon). There Is a force behind the prosecution In this case," he claimed. "I don't necessarily mean the district attorney's of fice. But Hod Eller was called be fore the grand jury, and he was not called as a state's witness. He testified for the defense. Why didn't the state use him on the stand? Because he didn't agTee with the state s theory of this case. Eller saw Horan shortly after 6:30 that day, and the prosecution wants to prove that Horan arrived at Mannings of fice much later to be killed imme diately." "I'm not going to try to dramatize this scene, gentle men of the jury," Roberts said. "I can't. 'Bat Ralph Horan comes in, he sits on the desk and talks to Mr. Manning who is in the black chair. Then he moves over to the red leather chair. Is that so Impossible? Doesn't that sound logical? "There Is quiet talk of two men who have been friends, whose families have visited back and forth, who have a simple busi ness matter to discuss. "Then Mr. Manning, from the kindness of his heart and the fatherly Interest he felt in Mrs. Horan, gave Ralph Horan a lit tle advice. Told him he should be more considerate of his wife. "Ralph Horan may have been a little hot headed, continued Roberts. "I don't know. If he was inflamed by drink, if be was Inflamed by something else that rancored in his heart the same thing that he told before Mrs. Bokvist then he was more likely to become incensed. Saw Gun in Drawer. "And then he became inflamed more and more by Manning's mentioning he had done wrong in connection with a law case, had used knowledge that was supposed to be secret. He was sitting in this chair. (The red chair). He could see the gun in the drawer. He thought he had the advantage. He grabbed the gun. "Manning did everything he could to stop the affair there. He had already decided to leave the office and thus . end the matter. But Horan reached for the drawer. Manning grabbed his hand. But Ralph Horan took out the gun with his left band, stuck it into Manning's abdomen, used oaths, and said,' 'I'll blow your guts out.' "What would you have done in mat case, gentlemen? Wouldn't you have sat down?" The defense counsel pointed out that the state was not able to tell where the chairs were, that they had no measurements 'even with a man at J100 a dav for five days in that office." He stated that no one can sav exactly in which spot Ralph Horan stood when he fired the gun; and mat nis right or left-bandedness makes no difference In this case, because he actually had the gun In his left hand. The state, he said, claims Hint the bullet in the law book la at the wrong angle and does not agree with Manning's story. But me states own witness, Heinrlch, testified on the stand, with wrlBts crossing at right-angles, the an gles irom which the two bullets had been fired. Taking up the matter of Mnn. nlng's being able to shoot Horan's legs from under the desk, Rob erts insisted that that was a ri diculous Idea. If be had shot Ralnh Koran in the leg, Mr. Manning would not do alive today." nvuarw nut iu me oeaen cnair himself, and Illustrated his Idea I of bow uncomfortable and lmpos- siuiv it wuiuu aavv own wr uoraa to have been In such a position! with his foot side-ways and back over the rune ot the desk. He showed how Horan could have been placed In the chair, after falling back. He put the chair back where the state placed It. "Isn't It just as logical this way as tho state's way? Isnt Ik more logical that the chair would bo another way?" Ho demonstrated how the Ivcr Johnson revolver, found in Horan's hand, would flip over when it struck tho floor, causing It to llo In an awkward position, and sugKrstcd that the jurymen try striking; the front muscles of their arms to provo to themselves that the Run would art as he showed them. The defense counsel turned to the picture before the Jury and pointed to Horan's hat, which Is shown still on bis head. "That hat has no bearing on this case, he stated. "It must hare been on his head very tight and compact or it would have rolled oft when he fell." The matter ot the cards on the floor near the body he dis counted. He pointed out that tour doctors,- even the autopsy sur geon. Dr. Rugh, had testified that a man shot in such a way would have loosened his hold ot any thing in his hand as he feu. Dr. Menne, he believed, disagreed slightly. After such a shot In the arm, there would be no power ot contraction, he said. The cards might even have fallen out ot his pocket, but Rob erts admitted no one knew where they came from. "The. state," he said, "has never produced the articles found in Horan s pockets. , The state isn't accurate. It tries to make every little position of teet, armc, body, of great sig nificance." The Medford attorney then turned the barrage ot his at tack on the testimony ot Dr. George Adler, county coroner. He pointed ont that Manning distrusted Adler, that the doc tor didn't like Manning who had supported Earl Whitlock in his last political campaign. He ridiculed the idea of 140O autopsies in four or five years. "The doctor," stated Roberts, was the only man to see Hor ace Manning take a handker chief out of bis pocket before be took out the gun. And other people say he wasn't even there. "This practitioner and the state want to infer that Horace Manning wiped the handle of the gun to hide a crime. Roberts then went over the medical testimony, nolntine out that the greater number of doc tors had claimed the arm wound came first. "Dr. Menne has never practiced medicine, although he has a wide knowledge. He thought the heart wound came first. Only the great Dr. Adler has the wide exper ience at autopsies necessary to claim definitely that Horan was dead before he was shot in the arm." Roberts declared there "hasn't been a scintilla of evidence Man ning was Intoxicated when the officers arrived at his office that night." He said it the state had such evidence, it would have been given from the stand. E. O. Helnrich Ridiculed Referring to the s-in Uhni which a state witness claimed was picked np from a waste bas ket in the Manning ante-room, Roberts declared that "if such a label was picked np, it was done in the fiction read by a man trying to una out now to be a good sleuth." The attorney then turned his fire on E. O. Helnrich. He ridi culed Helnrich for spending 35 minutes giving his qualifications. He said Helnrich worked him self up to a point where it ap peared ne was going to disclose a vital factor in the case. "Then he said the prints on that gun were not Ralph Horan's. He knew that was not a full and complete state ment of fact." "I will never be able to forget the fact that in a first degree murder case a man who is supposed to know, testi fied that Ralph Horan's prints were not on that gun." Roberts asked the jury if It knew that there was a negative of a print on the gun that was lost and destroyed. Referring to the fingerprint Helnrich admitted was his own, Roberts declared tbat print was super-imposed over another print and the latter was Ralph Horan's. The defense counsel said that according to testimony, the Iver Johnson gun was supposed to have been dusted only once. He asked when and how Heinricb's print got on the gun, and de clared he would 11 k j to know when Helnrich dusted It. Deception Is Charged "Heinrlch deceived the district attorney. He deceived this jury," shouted the speaker, who alleged Helnrich admitted his mistake on the witness stand when he found out the defense was to get an expert fingerprint man to check the evidence. Referring to Heinricb's testi mony, be declared "the chain of fiETTNG S 1 MARTIN OVER MAHON (Continued from Page One) which this matter can be filed tor a place on the May ballot Not a name has been tiled with the county clerk for verl ficatlon as a signature on recall petitions, and the consensus seems to be tbat the recall has washed up. Appearance on filing records or tne deed in the Mahoney- Shaw property exchange affair is an interesting political side light at this time. In Septembor. 1933. when Ma honey was running tor mayor. J. K. bhaw, his campaign man- ager, deeded him a piece ot property in Hot Springs. It was reported at tbat time the trans fer was made to qualify Mahoney as a property-holder. The deed to the same nron- erty, filed Wednesday, reveals that Mahoney transferred the property back to Shaw In Feb ruary, 1933, about a month and a half after the mayor took office. circumstances has been broken," and that the states case has collapsed. "Not only has tho state failed to establish the guilt of Horace Manning," he declared, "but Manning has done what the law docs not require him to do he has shown conclusively he Is In nocent In this case." Roberts at this point suKsested that he defer his conclusion un til after the noon hour, but Judge Wilson advised him to pro ceed if possible. The attorney then proceeded to call attention to the defense testimony of a cleaning woman, to the effect that she had seen the Iver Johnson gun at Man ning's home and later at his of fice. Roberta . cited Manning's testimony that the gun was brought to the office because his small son bad noticed It at home. Confident of Verdict Roberts then advanced Into the final Btace of his argument by stating that whatever the district attorney might say to the Jury in the final address, evidence bad been adduced from the wit ness stand to dissolve every vital point against Horace Manning. Horace Manning is not a murderer," said Roberts, sweep ing his arm toward the defend- ant. "He's not the type of In dividual to commit a murder. 'Can you believe he would premeditate a murder. It had to be premeditated If It happened the way the state claims It hap pened. Gentlemen; knowing tnat tne state has not proved its case. knowing there is nothing In the state's theory that we bave not successfully and completely re futed, I leave this case confident ly to the conscience of the mem bers of this Jury. I know your verdict will be not guilty." Lindbergh Money Reported , Found (Continued from Page One) Unit during the Inst week- ot March, was acquainted ' with Boston gangster and "knew some thing" about tho Llmlhorgh kidnaping. WASHINGTON, April 8, (JP) The dopnrtmont ot justice on Id today reports that largo quanti ties ot Lindbergh I'iuiboiii had been found in Now Riiglnnd wore without any foundation what-ever," Knrller Attorney Gnnernl Cliin mtngs told reporters at his press confurenco that there was no concentration ot federal agoiits in Vermont. TRENTON, N. J April 36. (P) Major Charles II. Schoeffel, deputy superintendent ot tho Now Jersey stute police, said today ho folt "coufuieut no Inrne quant! ties of tho Lindbergh ransom money had boon found In the Now England area. Schoeffol also snld the state police "know nothing about con centration of federal agents In Vermont, reputedly In connection with tho Lindbergh caso. WASHINGTON, April 36, OP)- A measuro to permit tho death penalty for Interstate kldnaplngs was approved today by the bouse judiciary committee. . Irrelevant and Immaterial (Continued from Page One) opportunity to have their suits pressed. Perhaps none bad room for an extra suit in his luggage. Their suits are now badly wrin kled and uncreased. They sit all day, and their trouBers show it, The coats of their pockets bulge But they look well-rested every morning as they march Into the Jury box. There Is a story going the rounds ot the courthouse which tells how Lloyd Low greeted the Information that the best finger print on the gun was Helnrlch's own print. His mouth fell open. It Is said, and he turned to the criminol ogist, crying: "My ! Did It take yon two months to recognize your own fingerprint?" , TO CONFER DEGREES Two E. A, degrees and one F. C. degree will be conferred by Klamath Lodge No. 77 A. F. & A. M., at the lodge hall in the Loomis building at a special com munication to be held Monday evening. April 30. TOO LATE TO CLASSIFY tFULLY equipped dairy, 20 cows. ',J' rem. . a. Bunnell. Rt. 2, Box 17, Phone 1468. 0637 WANTED Housekeeper for two children. Phone 1296. The Oasis. 0690 MALI OCFCNOAMM ARE CltCKMSUPA WHOICIOT AWMCC TOOK ! OlrRY lrty." Tho Jury of folks who drink OLD FORT DAIRY milk al ways gives verdict in FA VOR of this superior product. Produced In Klamath county to ' assure perfect freshness. PIP TORT DAIRV PHONE 1749 24-3 OREGON AYE. atsl A you Can Whjp Oum Omm outjoa autt btat Our ttUUT Irrigation water sent through the main government canal reached a point of 930 second feet Thursday, the highest figure ever recorded tor so early In the season, according to the hydro grnpher for the local reclama tion bureau. At the peak of last year s ir rigation season, which occurred early In June, 930 second feet of water went through the canal. It Is probable that this year's peak will exceed last year's fig ures, although roclamatlonlsts hope to hold the water to pres ent figures tor some time. If possible. Peace Officers Pressing Search (Continued From Page One) Hamilton, were shot and wound ed while raiding the First Na tional bank ot Mason City, Iowa, March 13. Tho officer, Dr. N. G. Morten sen, was suspended by John Mc Donald, commissioner of public safety, after federal agents dis closed Dr. Mortensen had been forced to dress wounds Dlllingcr and Hamilton suffered In the Mason City rohhery. NOTES SENT ASKING CASH RANSOM (Continued from Pngo I) bles called In authorities ond word ot the girl's kidnaping spread quickly. ltitucliors and cowboys quickly offered their sorvlros in tho search for tho granddaughter of llornnbe Robles, won 1 thy Span ish rancher ot n family that hm llvod In tils vicinity slnco the Spanish land grant days, and whoso ranch nearby has boon n landmark for 60 yours. Today tho Morgan McIJormott post ot tho American Legion wns ready to mobilise Its member to aid In the far-flung search for the little girl. ' Three A muted Late last night throe unnamed men wero taken Into custody by pollco after a newsboy said they resembled tho trio who offorod him $10 to tnko a nolo to Juno's father. Two of them woro ro- leased early today. Police said a third, a rollegn student who ad mitted making the offer to News boy Leon Castor as a "practical joke," would bo hold In jail over night, chiefly to "tench It I id a lesson." No charges woro preferred. With every road In this vicin ity watched, authorities today searched every corner of tho city with the same determination they showed a few months ago In cap turing Dlllingcr. notorious mld Wostern desperado, and threo of his companions. Meanwhllo pollco sought Iden tity of tho man who gavo young Estrado 25 cents to take the ran som note to tho girl's father, with Instructions to bring an an swer back to an nutomobllo park ing lot near the store ot the father. When tho boy returned with the nnswor tho man wns gono. Hay Orcutt. operator of tho park ing stand. Inter told the police the mnn was an American about 30 years old. and was dressed In dirty gray suit and brown slouch hat. His face. Orcutt said, was heavily tanned. Kllmiuotli Fontaine, Il-yonr-old bruuotto, Bho was found clad only In pajamas, lying on tho stops of a homo and scroumliig, "I'm dying." Washington detectives told Dar by pollco they bollovod sho wis soiled and shot to provont hor from lolling what sho might know of the killing of (loorxo Phillips, an nllegad gangster. Phillips was killed In a maelilno gnu buttle In Washington ton days ago. Ills two companions and tho woman mo Mnlil to hava olitdud pollco III a wild rhnsn thro null tho strools of the capital. Outside the pnrluieiit -which tho woman and Iwo men had oc cupied police found an nutoiuo hllo with hlnod-ntnlnod cushions! Iiisldo tho linuan woro n loaded pistol and shotgun, neither of which had boon fired rocontly, WOMAN' M.MS PHIt.AnTr.PIIIA Anrll iim A VAmnn rn.lrti.tit tt Ur.,hlnff ton was shot and crltlrnlly wound ed In suburban Upper Darby earlv today, police said, after he had hnnn lrllnnnArl (mm Ihn nnllnn-1 capital to prevent her from tell ing annul tno gangland murder of a friend. Police said sho wns Mary or CHILD ItKTi nXKD MINNKAPOLIS. April 20. fP) Flvo-yoar-old Mury Lou Curllno was found and returned to her Minneapolis homo tndny lens than four hours nflcr she had boon forced Into nil nutomobllo by a slrango mnn. Tho child was located Mono In Powdorhorn park, about a mllo and a halt from wlmro sho was picked up near her homo. . Sho was taken to a hospital for an eiumlnntlon to detormlne whether nhn had boon nttnrkod Tho lltllo girl was at play with other children near hor homo when a strniiRO man pulled her Into nn old motor car, drow her In. mid sped away. FOUT KLAMATH. Oro. The following two one-net plays will bo prosented In tho high school gymnasium In Fort Klauiath Saturday evening, 'under the di rection of Professor Harold Ash ley and Miss Marian Paddock: First, "The Dear Doparted," by Stanley Houghton, and second, "Tho Ghost Story." by Booth Tarklngton. Following the presentation ot the above plays In tho gymnn- lum, an old-time dance will be hold In the C. I. club house by the Fort Klumnth Brass band. All are Invited to attend. Jordan's Pleas Will Be Studied (Continued from Pago Olio) "vindictive, demanding type." rostcarda appealing to the executive department for a com mutation ot Jordan's sontence from death to life Imprisonment hnvn rirtlltfff.il the lArnrnnr. mnrn thnn 3.000 having boon rocelvod I recently. N POLICY KEPT SECRET ROOSEVELT (Continued from Pago 1) comment on tho day's develop ments, Phillips said lie had no report from tho American nmliasiiudor at Tokyo on his visit to the Jap ammo forolgti office today. NANKING, April 96 (ZD Word tbat the United Status am bassador had asked s further elucidation ot Japan's new liimds-off China policy created a ensiitluti today, Tho news nf the request wns front pngo material for ull ver nacular newspaper. Thuy ex pressed the belief editorially that the United motes and Great Britain have agreed on a com mon policy toward the far east. TOKYO, April 20. (API American concern over Julian's declared Intention to minium oc cidental dealings with China which from Jupau's own view point "viiilnnger the pence of Knxtorn Asia," found official ex- prenalon today. , Tho United Hlutos nttltudo was carried to Foreign Mliilntur Ko- kl lllroln by tho American am basnndor, JuHoph 0. Grow. Although tho HinbaMador, ac cording to tho forulgti office vorslnn ot tho Interview, deliv ered no nolo and nindo no repre sentation!, merely requesting an authorltallvo version of Japan's reatatemotit of policy toward China, tho visit profoundly Im pressed Jupaueso officialdom. Tokyo govornmuiit leaders wore Impressed particularly be cause. Grew s -visit Indicated Washington Intends a further thorough study of the declara tion, mado public April 17, be fore deciding on Its course. Additional significance was attached to the call In high cir cles hero bocauso It followed close upon a visit made yester day by Sir Francis Llndloy, British ambassador. Enjoy "BUSTER BROWN" Qualify AT NO K.XTUA COHT BUSTER BROWN SHOE STORE WHAT IF THIS. CORD BROKE M YOUR only GOODYEAR combines Supertwist Cord safety with All-Weather grip WHEN one tire outsells any other for nineteen successive years, it must be a better and safer tire and a greater value! That's the undisputed record of the fa mous Goodyear All -Weather and we can show you why. One big reason is Supertwist Cord in every ply extra resilience with longer lasting strength assuring greater safety from blowouts. 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