Pennsylvania, R-S, 1878-1949, Undated

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ROSENCRANTZ (ROSIKRANS), Herman, hanged for counterfeiting, Philadelphia, Pa., on May
5, 1770.

"The New Jersey authorities were plagued not only by the counterfeiting of their own
bills but also by the passing of false paper currency from other provinces, Two ras=
cals, John Hannah and Herman Rosencrantz, were going about in New Jersey in August,
176, passing false Pennsylvania bills. Rosencrantz, indeed, had been indicted at
the court of quarter sessions of Bucks County in 1763 for passing a bogus thirty-
shilling New Jersey bill but the petty jury had acquitted him, (See Kenneth Scott,
COUNTERFEITING IN COLONIAL PENNSYLVANIA (N. Ye, 1956), pp 98-99), On August 17,
176, Rosencrantz and Hannah, who had been living at Squam in Monmouth County, New
Jersey, in Woodbridge passted to Samuel Jacquess, Jr., twelve counterfeit one-
pound Pennsylvania bills, while the same day, in Perth Amboy, Hannah uttered to
Anne Brooks, wife of James Brooks, Esq., four more such notes. (N. J. Supreme
Court Records, 20829), The next day they transferred their activity to Elizabeth
Town, where they paid for three horses with false Pennsylvania twenty-shilling
bills dated May 1, 1760, The fraud, however, was promptly detected and they were
arrested and jailed. (PENNSYLVANIA GAZETTE, Aug. 30, 176), They were indicted,
tried, convicted and each was sentenced to stand for one hour bebween five and
seven in the afternoon in the pillory of Elizabeth Town, to have one ear cropped,
and to be imprisoned until October 31, when each was to be discharged on payment
of fees. (Ne Je Sypreme Court Records 21199, )

"The two convicts, however, still had to answer for their passing of the one=pound
bills on August 7, so they were removed from jail and taken before the Supreme
Court in Perth Amboy in September, There they pleaded guilty to the deceits of
which they were accused and were sentenced to stand one hour in the piblory of
Perth Amboy between ten in the morning and noon and then to be carried back to jail
in Elizabeth Town, (Minutes of the Supreme Court, Vol, X, 1760-176, pp 197,

201, 203), Hannah, about two o clock on the morning of November3, broke out of
prison in Elizabeth Town, and Sheriff Moses Ogden offered a reward of five pounds
for his capture, describing him as an Irishman about six feet and one inch high,
very much pock-broken, long of visage and cropped in his left ear, {COUNTERFEITING
IN COLONIAL PEENSYLVANIA, by Kenneth Scott, pe 102.)

"His accomplice, Rosencrantz, was heard of later, for he appeared at the April,
1768, term of the Supreme Court on an indictment for felony, As the Attorney
General was not ready to proceed to trial, the defendant was discharged. (Minutes
of the Supreme Court, Vol, XII (1767-17685, the left-hand page opposite p. 118),
Rosencrantz, an inveterate counterfeiter, was arrested in Philadelphia in Decem-
ber, 1769, for trying to pass off false three-pound New Jersey bills, was indicted,
pleaded guilty and was executed in Philadelphia early in April, 1770, (See Kenneth
Scott, COUNTERFEITING IN OLONIAL PENNSYLVANIA, pp 109-110, )" "Counterfeiting in
Colonial New Jersey," by Kenneth Scotts; PROCEEDINGS OF THE NEW JERSEY HISTORICAL

SOCIETY, Vole 75, Now 3, July, 1957, pp 173-17h.

Note: In SCAFFOLD AND CHAIR, Teeters gives execution date as 5-5-1770 and am so
using at this time. WE


ROSS,, Joseph, white, hanged Greensburg, Penna., Dec. <0, 1785 ee.

(2-19-1785. Philadelphia. Dec. 3.. On the 30th of Oct. a Court oF Ouer & Terminer me
en | for the county of Westmoreland was opened at Hannah's
Town befive the Hon. Thomas McKean and Geo. Bryan Csars. Indictments were
| “Best | found against the Delaware Indian ‘Mamataquin’ tor murdering Benjamin reece
(GPr2ETT E Jones and John Smith by stabbing them with: a Knife onthe llth of May last. wiki
and Josern Ross for ab” “~~ crime with a_**** Angels and ministers
oF grace defend us! The indictments were read and explained fotheaceused
et by on able interpreter. and in {ike manner wes the Testimony. The. witnesses
_ ___ were dones' widow, her. son of 17 ucars, Wan. Evans and Wm. Freeman-two
men. whom he stabbed likewise at the same time. And Col. William Butlerwho
eee proved the confession of the Indian made the next day. He alleged hewasdrunk
| ___and imputed the deed to strong drink . The trial was very solemn and the joey —
Went out to consider their. verdiet though the case was plain. The Savage was
— Intdly persuaded by the couneil assigned him by the Court to plead ‘notquilty? =
pee ; 4 plead ‘not quitty
__ orto deny the fact but at length consented to doit with reluctance. Heis
_ shoeked to die b hanging but has no objection to being tomahavked by Some _
Js gceat man. When the Sher brouslrt ma rope to tie up the hands of Bradley
inorder to brand him, the Indian wes struck and expected the instant execution =
a ___ of his sentence, which was pronourced for the Killina of Smith only. Under this

dread he shrunk excessively His former muanaminity subsided and paleness and

‘Yewubling seizedhim. — sit fe 5
_ .. the infamy of Ross. was Very strowaly proved. He was found quilty and =

sentenced tbe hanged. ie ae


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22

Ryfiace, Pherune |) 2¢PAsP  /92B

On MOODY AVENUE—a - short,
drowsy, residential thoroughfare over-
looking downtown New Castle, Penn-
sylvania—lived the Lennox family,
hard-working and quiet-living folk. The
elder Lennox, Frank, a high school
building superintendent, concealed his
concern over his wife’s failing health
and’ watched proudly as his young, at-
tractive daughter, Clara Belle, lifted
household burdens from her mother’s
shoulders and kept attentive eyes on the
activities of a younger brother and sister.
It became Clara Belle’s almost daily
custom, after the morning’s housework
was finished, to go to various stores on
Washington Street, the downtown busi-
ness section. Always, she returned in
time to prepare lunch for her father.
On July 14th, 1921, Clara was dressed
for her usual shopping trip. She wore her
new blue dress, tan oxfords, tan ankle
socks, and a soft white straw hat.
Her mother handed her the list of
articles to be purchased. The girl would
have to stop at Offut’s Department
Store, Brown-Hamilton’s Shoe Store,
and the National Meat Market. All of
these were on Washington Street.
Kissing her mother, the young girl
walked down the front steps and moved
west along Moody to the Highland Ave-
nue car line, three blocks away. As she
passed from view, her mother walked
into the house, glancing at the mantel
clock in the living room. It was 10:50.

ALONE : “BRIAR

By G. W. MUSE, Former D.A., Lawrence Co.,

Pa., as told to PAUL T. KIFER

At 6:00 that evening, Frank Lennox
entered the office of Police Chief Jed
Elder and nervously reported that his
daughter had been missing since 11:00
that ‘morning.

The officer listened closely as the
worried father described his efforts to
locate the girl.

“My wife and.I thought she might
have gone to the home of some friend
of ours and forgotten to let us know,”
Lennox explained. “She has never done
anything like that before, but it was
all we could imagine.” During the after-
noon, he had telephoned or visited
every person he or his wife thought
might know of the girl’s whereabouts,
but to no avail.

Lennox had also gone to the three
stores at which Clara should have
stopped. Although several clerks in each
establishment knew the girl, they re-
ported that they had not seen her that
day.

Clara’s usual route downtown, her
father said, was along Moody to the
Highland Avenue trolley line, where she
generally boarded a streetcar. Often,
though, she walked to Washington
Street, since it was only twelve blocks
down Highland Avenue.

Chief Elder secured the girl’s de-
scription and passed it to the desk ser-
geant for relay to the patrolmen, as they
called in to make their hourly report.
Policewoman Rae Muirhead, departing

ZL.

on her usual routine check of Cascade
Park and other amusement centers, was
instructed to watch for the missing girl.

The chief consoled Lennox with as-
surances that Clara would soon be
located; that she was probably safe with
friends. But by 9 o’clock, the police
chief realized that the girl’s absence was
undoubtedly due to something far more
serious than thoughtlessness. No patrol-
man had reported any news of the girl,
and’ Policewoman Muirhead had re-
turned, after a futile search of the parks.
No one could be found who had seen
Clara anywhere.

Chief Elder ordered a complete check-
up of all streetcar motormen and con-
ductors on the Highland Avenue line.
He sent officers to question clerks in the
three downtown stores.

Elder’s suggestion of a possible elope-

ment was scorned by the girl’s father

and. mother. Clara, they averred, al-
though popular with the younger set,
had never displayed interest in any
particular boy or boys, and had never
associated with any except those in
school and church circles.

When streetcar and store employees
stated that they were certain they had
not seen the girl, the tall, keen-faced
chief concluded that Clara had never
reached the downtown section. It seemed
incredible that the girl could have been
abducted in broad daylight from either
Moody or Highland Avenues; yet, ap-


ence Co.,

{(IFER

k of Cascade
t centers, was
e missing girl.
nox with as-
uld soon be
ably safe with
k, the police
s absence was
thing far more
ess. No patrol-
ws of the girl,
head had re-
*h of the parks.
who had seen

»mplete check-
men and con-

Avenue line.
n clerks in the

possible elope-
1e girl’s father
averred, al-
e younger set,
aterest in any
and had never
xcept those in
es.
store employees
ertain they had
tall, keen-faced
lara had never
ction. It seemed
‘ould have been
ght from either
enues; yet, ap-

Lifting the limp form of
the unconscious girl, he

strode

into

the thicket


24

parently, that was what had happened.

Chief Elder notified the Lawrence
County Sheriff, Joseph R. Boyd, and
County Detective M. J. Young, who was
attached to the district attorney’s office.
Young had resigned as chief of New
Castle police to assume the county posi-
tion.

Early the next morning the search
was widened extensively when Sheriff
Boyd began telephoning all police de-
partments within a hundred miles of
New Castle.

Detective Young, Chief Elder and city
officers began tracing the girl, block by
block, from her home to Highland Ave-
nue. They were baffled when they found
no one in the three long blocks who re-
called seeing her pass the morning be-
fore.

Around noon, Young questioned two
small boys, near Highland and Wallace
Avenues, three blocks south of Moody.
One of the lads, Alfred Reed, stated that
he had seen Clara the morning before.
He could not recall, however, whether
at the time she had been riding in an
automobile or had been entering one.
The car was a big one, he said—larger
than a Ford.

Reed and his chum had been playing
on Highland Avenue when he noticed
the girl. He had forgotten the incident
until news of her disappearance became
known. The other lad said he had not
seen her at all.

Young concluded that Clara would
enter a car only if she knew the driver.
Therefore, a friend or acquaintance of
the Lennox family must hold the secret
to her disappearance.

The detective’s theory coincided with
the earlier belief of Chief Elder. It would
be a Herculean task to check Frank
Lennox’ friends and acquaintances, but
Young and Elder prepared at once to
start the job.

Meanwhile, scores of men thronged
the sheriff’s office and police head-
quarters, offering aid in the ‘search.
Sheriff Boyd selected and deputized two
hundred of them, formed them into
posses and started them, circlewise, from
New Castle, with orders to search every
imaginable place for the missing girl.

As the second day of the girl’s dis-
appearance passed, no motive nor even
a plausible reason for her absence could
be found.

At about 4 p.mM., Deputy Muryl R.
Boyd, son of the sheriff, answered his
telephone for possibly the hundredth
time that day. It was the desk sergeant
at police headquarters, relaying the re-
port of “someone entangled in a briar
patch” along the King’s Chapel-Harbor
Bridge Road, a narrow dirt lane five
miles from New Castle, running west
from the Pulaski Road.

“A farmer named Frank Heckathorne
telephoned,” the sergeant explained. “He
says he’ll wait along the road and show
you the patch. Whoever it is seems in
bad shape.”

As Boyd was about to depart, County
Physician Frank Eakin and Constable
Walter Bannon drove in. They agreed
to accompany him, Bannon entering
Boyd’s car. Dr. Eakin followed in his
own car. ;

The cars sped out Wilmington Road

Sheriff Joseph Boyd (above) was sure
he knew the suspect's hiding place

Girl had followed usual route
down Highland Avenue (r.) but
never reached her destination

"| was running whisky .. . needed
camouflage," said man (above)

and swung
miles from
brought the
country ch
the narrox
knoll five h
four perso:

They sto;
tall man ir
car and j
Heckathorr
board, and
lane for ab:

“In that
thorne said,
left of the
and stoppe


bailed asian” ONG. bent deem

and swung to the left at a fork, two
miles from the city. Another. two miles
brought them to King’s Chapel, a small
country church. There they turned into
the narrow Bridge Road and, atop a
knoll five hundred yards ahead, they saw
four persons watching their approach.

They stopped near the group, and a
tall man in overalls stepped to Boyd’s
car and identified himself as Frank
Heckathorne. He hopped on the running
board, and the cars moved down the
lane for about three hundred yards.

“In that patch of briars,” Hecka-
thorne said, pointing to a clump at the
left of the road. The cars swung left
and stopped in a faint trail that led

. needed

through dense thicket and down the
slope to the abandoned Greer farm.

Boyd and the others stepped from the
cars and contemplated the ragged bushes
that nearly concealed.a white form in
the middle of the tangled patch.

“How did anyone ever get in there,
anyway?” Boyd asked with amazement.

“Tt’s a woman!” Heckathorne sudden-
ly shouted.

Boyd immediately began weaving his
way through the briars. Constable Ban-
non and Dr. Eakin pushed after him.

Boyd reached the center of the patch.
For a moment he looked at the still
form. Then, over his shoulder, he said
tensely, “Doc, it’s the Lennox girl. She’s
alive!” , .

The physician shoved past him and
dropped to his knees. As his fingers
touched the girl’s wrist, groping for her
pulse, her left arm moved feebly.
‘Don’t,” she moaned.

She lay nude, face up, on a mat of
flattened briars. Obviously, she had
been brutally beaten. .

“We've got to get her to the hos-
pital,” Eakin announced, rising. Bannon
secured a robe from Boyd’s car and
folded it about the pitiful, unclad
figure. Boyd and the doctor rushed her
to the Shenango Valley Hospital, where,
after a hurried examination, Doctors
H. E. Boyles and E. G. Zerner per-
formed an emergency operation.

Bannon, meanwhile, sent word to
police headquarters, and Chief Elder,
with his subordinate, Lieutenant Peter
Hillers, headed immediately for the
scene of the discovery. Lieutenant
Hillers soon was directing a score of
officers in an inch-by-inch search of the
thicket, while Elder, Sheriff Boyd and
Young were questioning Heckathorne
and his companions. The officers were
amazed to learn that none of the four
knew that Clara was missing.

"It's a woman!" shouted Frank
Heckathorne (left), spying body

District. Atty. Muse (r.)
made sure man did not es-
cape with vital evidence

Heckathorne and the others—Alf and
Lew Black and the latter’s wife, May—
had left their homes in Coaltown, a
village along the Volant Road five miles
east of King’s Chapel, early that morn-
ing, with the intention of spending the
day picking berries. They had traveled
in Heckathorne’s sedan, which was now
parked about five hundred yards farther
west along Bridge Road.

Heckathorne had become separated
from the others, and had stumbled on
the girl by chance. A moan had first
drawn his attention. He had not en-
tered the patch, but had called to the
others of his party. They had agreed
with him that the police should be
notified immediately.

After questioning the four  berry-
pickers, Sheriff Boyd thanked them and
sent them home, free from any suspicion
whatsoever.

Meanwhile, Lieutenant Hillers and
his men had found the girl’s hat and
her glasses. Within the hat were her
dress, a thin white undershirt, her shoes,
and one sock. Under the clothing was her
purse, containing the shopping list and
four pennies.

The left lens of her glasses was
smashed, but the glass fragments could
not be found in the briar patch. .

An area of oilstained earth, near by,
attracted the officers’ attention. The oil,
if it had dripped from the abductor’s
car, indicated that the automobile had
been parked there for a lengthy period.

The earth surrounding the scene was
covered with a luxuriant growth of
grass, which rendered futile all efforts
to find tire marks. But a car must have
been involved, police argued, as it was
the most logical means of transporting
the girl to the thicket.

It was the collective belief that young
Reed had seen Clara entering an auto-
mobile; that it (Continued on page 77)

25

Ar


Be cnn

AVAGE, Lorenzo,

if ‘ Ge
black, elec PA (Allegheney) KX March Zz , / | >

ITTSBURGHS SENSATIONAT

om,

( ob

4

if OOD-
BYE ‘
mother, uM
I’Il be
back soon.”

Elsie Barthel,
pretty brunette nurse,
leit her home at 4620
Carroll Street, Pitts-
burgh, thus bidding good-
bye to her mother who
waved her hand from the
doorway, ae

It was a Saturday night, :
about 8:30, &

Elsie had been on vacation
now for a week. Monday she must
return to her duties as nurse and secretary to Doctor R. S.
Marshall, of Pittsburgh.

lhis, perhaps, was to be her last evening of freedom for
some time, yet she appeared to be gay and carefree.

But for the fact that the girl said she would be home
soon, her mother might have thought she was going to
meet her sweetheart—for Elsie was to be a bride in Novem-
ber, just a month hence.

Two hours before leaving the house, she had received
a telephone call. Her mother had caught only snatches of
the conversation; not enough to satisfy her curiosity, so,
mother-like, she had asked who called.

“Savage,” Elsie had answered, simply, and when she
volunteered no other information, rs. Barthel didn’t
question her further.

She knew Savage, Lorenzo Savage, as a Negro who, at
one time and another, had been a butler for Doctor Marshall
and who, later, had done work around the Marshall resi-
dence when the physician and his wife were away on a
vacation.

She surmised Savage had called for some information
about.the house and so forgot about the incident in a few
minutes; long before Elsie left the house.

When an hour, two hours, then three hours had
passed and Elsie had not returned, Mrs. Barthel, tired
of waiting, went to bed. She supposed Elsie had met
her sweetheart after all and they had gone some place
together.

26

gether with a black-headed
pin and used as a charm to .
avert a tragedy in the victim’s life

the Pittsburgh Press

An autumn sun, peeping in the window
« \ early the next morning, Sunday, Octo-
\ ber 6th, 1923, awakened Mrs. Barthel
\ from a troubled sleep. Almost auto-
\ matically she jumped out of bed

\ and went to Elsie’s room.
\ Elsie’s bed had not been slept in!
“\ Her daughter hadn't returned home

\ Saturday night at all,

\ Mrs, Barthel awakened her two other
daughters, Laura
_—- and Margaret,
both younger

\ than Elsie, who.
was twenty-eight
\ years old,

By pepe A. WHITE

The Voodoo “Hand
of Death,” pinned to-

Elsie Barthel, pretty bru-
nette nurse, Whose body was
found on the grounds of an
abandoned mansion in Pitts-
burgh, October 6th, 1923

“Something must have
happened to her or she
would have telephoned
me,” Mrs. Barthel said.

“But, mother,” one of
the girls replied, “Elsie is probably all right. Perhaps she
had an emergency call and couldn't take the time to phone
us,”

But the mother had misgivings. She knew Elsie better
than that. She had a feeling that some harm had come
to her daughter—one of those intuitions that frequently
come to mothers.

‘““QHE never stayed away all night before without letting
me know,” Mrs. Barthel insisted. “Call Doctor Mar-
shall—he would know if she were on a case anywhere.”
Doctor Marshall was called. He hadn’t seen Elsie, nor
had he heard from her.

Perhaps, he said, she had gone motoring and had met
with an accident.

Elsie’s family was frantic.

Doctor Marshall suggested that one of the girls come
to his house and he would telephone the hospitals. If
Elsie had been ‘hurt, there might be easier ways to tell her
mother than to let her get the sudden shock of hearing the
news in a telephone conversation with a stranger.

Margaret went to Doctor Marshall's home. The doctor
had called most of the hospitals by the time she arrived ;

The V

Miss Bz

which «

There \
not tar 1
called T}
Hussey
stooa
abandon:
sion, al
burgh’s
trict.

The M
been an :
old
thoug!
fallen int
In its
Was a
place anc
housed
at gay fu:
der its r

The firs:

house, w:'

eee enpeeecnennemenen


~~ > -batigh, assembled In the corridor divid-
~< ing the old portion of the jalt from the

new, The instrument of exceution was
examined for the last time. and. War:
den Abraham G. Gotwala: wae inform:
@1 by the Bheriff that he was realy to
Proceed with the execution, = 95)
Procering to the infirmary, the war-
den neon omeried front the deor with
. the man #0. scott to dle The Kev. Bela
Caeckos, pastor bf. the Polish Reform.
_ o @ Church of Mont Clare, who has
Sle geen bia spiritual. adviser, waiked mt
“4 the aldesof Sabo, while the warden
- “wea on the other aide: At tho fos of
“the: Might of Nive atepe loading from: the
old: jal to the new, Warden -Gotwale
* delivered Sabo -over to the Sheriff for
execution. “Tt was but a fow steps from
"this point to the fatal platform. — At
©. the sight of the dangling ‘noose Sabo
recolled for a-moment, and then pro-
ceeded another sstep, and he was upop

\ye the trap-doors which “were so soon to

= give way beneath him atid open the
way for his descent to eternity.”

“Have you anything to say >before
the sentence: of the court, that you
phall-be ‘hanged by the neck-until you
“are dead,’ i

“. Sheriff Buckley. = *
2 The same quéstion was put to Sabo

(Ae Se by the clergyman, who acted “as in-

6.7) terpréter. rote s ;

+;~ Sabo stood there and looked at the
‘gee of upturned faces of the hundred
ot..more spectatora who were’ waiting
~ with: bated breath ‘in the corridor just
* below. There. was not one be knew,
There ‘waa’ not-one who could under-
stand him ‘if he did speak: Then he
= { peemed to ‘clearly. realize that what
‘= he -would ‘say would be ‘of little

“words in’a clear. voice. - tee al
><> As he finished, the minister © trans-

: x °°" Jated:” “He says that he is sorry, and

“that he trusts that.God will ‘accept his
OOM ener So .

-° 4. “s°-With that’he shook hands with the

> @lergymen, and kissed them, and then

“193 @tood ‘there stolidly, head up like'a sol-
~ © dier, prepared for. his awful ordeal. --

: Rev. Csekes then -.made: a. brief

prayer. ie ob Ra BR, toes ~ Pi rae ia?
‘Just as Deputy. Fox’ was about to

injunction. for st-

is ;carried out?” queried;

| “Interest; but. managed ‘to speak a few a

: INePereer, Of F ack; and Dr,
J. W. Bauman, of Lansdates stood just
below with watches fh their hands and
thelr eyes. glued iipon: the man. who
was: forfelting hie’ ate for the “flict
love: of. ® womans When the physt-
clans ‘were satisfied that life was @x-
tinct: they directed the cutting down,
And (he: corpae wax retioved to a cell
to the lett for further examination and
antopay, “4 apt Ea ge hg

The men-learned in-medicino gave it
ae thelr opinion: that: death was caus-
ed by atrangulation; ©2005. 20

it Was exactly 10.90 when Warden
Gotwala entered Sabo's room, A’ mo-
ment later the-priest from New: York
famecout Then’ cama” Rev, > Ceokes.
hen the warden with Sabo, wha cast
4 furtive glance, down the corridor to-
ward the big front doors. “He walked
with firm: tread tothe scaffold, when;
noresponse to Sheriff Buckley's ques-
tron whether he had anything to say,
be-claspéd his hands-and with uplift-
ed eyes responded.” é x

Besides the official jury. of | doctors
there were present: Dr. R. Knipe, pris-
on physiclanjand brother, Dr. Nor-
man 1. Knipe, of Philadelphia; © pr.
Frank A, Parker, of Notristown;— Dr.’
William McKenzie, of. Conshohocken,
and Dr, M.°Y. Weber, of Evansburg.

Sabo went to his: doom dressed ina
blue sult.) > Fg Re oe

~Sabo.had prepared.a lengthy state-

It was 10.38) when Dr.) ‘Drake’ felt.
Sabo's pulse and-placed his‘ear to hit
breast to listen to'the beating of the
heart.” Five: minutes: later the . three
physicians, _ Drs,. “Drake, -Hunsberger.
end Bauman again examined the. body
ric they all agreed that the man was

Dr. Drake ‘stated that: the neck was
not. broken, death being due to stran-
Beale teas 2 Se inant ee tha Ee.
~As:the town, clock was striking
eleven Deputy Sheriff Fox stapted .to
remove the: handcuffs and two minutes
retired! to: Warden Gotwals. private of-
fice where they signed ‘the death certi-
later: the body’ was cut down and car-
ried Into a cell’ in ‘the new portion of
the prison. The exact’ time from’ the

jtime the drop féll- until the body -was

cut down: was twenty-nine’ minutes. »
“Before thé body was cut down: the:

tied around the dcad man.“ They then

‘which Sabo's body ‘was taken and ac-

* EB. MFretz, Hatfield, foreman. '* »:
- William Hambrech‘, Norristown.
©. Matthias Godshalk, Norristown.
members of the sheriff's jury’-assem-| — See, tal ip phletodn oh)

_| ‘Frank W. Shalkop, Trappe.” .-

Charles. Marple, Andrew:
HB. Prederiehy20 2°?" 2
ood. RB. Bonter, Benj.” Harry;

Baldwin,Chas, Krause, Charies Price, af

‘Jesse Huston, Grant: M. Koons; Edgar Pani

Matthews, Wm. Sonder, John Rt. : Kin:
dig, Edward Barnshaw, Wm. H: Sou-
der, Jr, ° John Fo'sy, James Huston,
David Kratz, Edwin G; Becker.

Wm. Bodner, John Fryer, Charles} 43
Rpéncer, James W.. Holmes, Charles B. |
Brnuner,” Wm: EK, Shinners, Jobin

Rekes, James” Taylor,, Jacob Bean,
Harry (f. Akina; ‘C. On Yileom; C.:@.

Hillegass, Harry Weaver, Robert. Har-} -

ley. : te RRS eae
Dr. Race Ronaz, Dr. HoH. Heysham,
Dr. H.-A’ Bostock; Dr. Wm. McKen-
zie, Dr. Wm. G, Miller, “Dr. Vaughan.
Dr. Petery, Dri -D. Nathan, Dro 8. B.
Morning, Dry J.D. Brown, Dri -8. D.-
Larzelere...’ Say ota ce, ae
Samuel. Ky Anders, president of the
board of prison inspectors, was also-in
attendance as was his son George H.
Anders, Deputy..County. Treasurer.

lige «©: A Model: Prisoner. rR
~. Sabo -was a model) prisoner, In his
nearly year anja half sojourn in the
prison; he was obedient in everything.
He. thus endeared ‘himself to the at-
taches of the prison, who: were really
sorrow tosee him hanged.’

“Warnitg. Statements

ment, which is in the nature of a warn-
ing to his fellow-countrymen to live
Uprightly.. He asked. that: it be. sent to
his‘religious church -paper. He only
finished writing it yesterday.* ...:

+The jurors who had been ranged on
the: second story tier to the left of the
gallows came down. to. the -cell) in

cepted the finding ‘of the doctors as
their verdict. The jury consisted. of:

*;Remandus Scheetz, Norristown> «.-

Walter: Horner, Norristown: ©
*George Hambrecht, Norristown.” ;-
-. Harry G. Ely, Huntingdon Valley.

John Hacker, Lansdale." >
{- Miles Stemple, Conshohock

"| not know Boldaz and

shoot him and then thr
; * y

Merion, was hanged #
* Sabo's crime - was
Mike™ Boldaz,: of Pot
ruary 15, - 1908... Bold
found: in - the -Schu
Brooke's crossing. by
er’on the evening © of
postmortem showed a
the head and the lungs
before entering water.
days - thereafter. Sahbc
wife were accused of
woman was placed on
1908, -and although Sab
witness stand and dec!
she who planned the
was she who furnished
and urged bim on to
that they .might conti
relations... undisturbed, i
him-on the stand and
ing denial-of having
with the death of her
was acquitted of the t
‘of “‘accessory before
facet," but» atthe fol
court was found guilty
Hlicit. relations® being
she: was sentenced to
prisonment in the cou
aid that she ig now
‘father at Stowe.*.--—
=< Sabo’s story of the
the witness stand inc
tially as follows:’-.
“ST ama native of H
hate a wife and four

a
she: gave me. She said
take hima. walk z


LLL NT SS LT TOA eG = i te

+ A TTT IRR, see

weer es

_ NORRISTOWN, ‘PAL / MONDAY, AUGUST eed 1008

ao SS cena te a eee cae ee

‘saw che said Stephen’ Ba-]:
by: hanging. bythe neck,
walls of the Cou ty Prison

Eiown, Pa, at |
"Thursday,

ij

minates, . “On.

enty-ninth, day of. July, A.D,

parswance of the provisions of

of Assembly, in such case. moe!

ovided.”

Goctot's ‘cortified ‘that ehey werd

ent athe execution ~ of Stephen

, Ste, and “that :we Jexamined the

y of the: ‘sald’ ‘Stephen Sabo’ after

same had. been cat entoles and oN
extinet >, oped : ;

tall ‘a ot the’ spectators: Sfotiouts
; Ralph Evans, Charles: H.: Ells, |:
iam. Cc ‘Hendrickson,, E. M.-Harry,
lea Daub, G) Landis, ‘Daniel . H.
x. -Hobek, A. J. Bradley, LL.
. Harry C. Wilson)H.-M. Ottin-
5 att ‘Brooke, Horare S. Fred-
og PRU ‘Ac Smith, © Norwood
Frank’ Tyson, . Mahlon: <M.
phn Jeffres, Harry: Trum-
ildong2r. oh
Jter:S. Hencen,. James: Dougher-
Joseph = ‘Rothenberger, ‘Fred, -G.
1¢,-O. Ne Berger, Wm. Earnshaw,
K. -Quillman, ° Stewart’ Wismer,
t. Bolton, John Weyand,:. Louis
‘erine; “Joseph Baron,: : Joseph
bo, -Pant Py Daring, Ro Solomon,
Winger, Isaiah C. Barndt, Wm
nlomon, A: Ke gna danas Chas,
. George Zeppe.:>
brome B. Maguire, Wm. pL “Al
. Harry: Z.-Wampole, 'S. S.-An-'
Chana Barker, N.. Pennington,
les” Buckley, GW: . Heffelfinger,
-Wampole, George.” K.” Welker,
8. allman: Wai.- Weaver; H. T.
icker, » Edwin: . Frankenfield,
3: “Gatges:: Paul > Everding,
leg Swartz, ‘Hilary. ‘Crouthamel,
handis,
fton> Richards: Allen: Roth, ‘Chas:
ontague, J. Florence Bergey, Rob-
idjron, Dayton’ G> Knipe, Charles

arrison; Rev..G..W. Lutz; Andrew |”

os,. W.- Appleton, © L.. -Dosepolz, |
‘1K. Garver, Gus: Egolf; Herman
. Harvey Bortman, ‘Alex. Bodnar,
es Marple, Andrew. B; Benner,
Bah shy

~Bonter, Ben}. Hateya Frank
ry Chas. Krause, Charles ‘Price;
o@ Huston, Grant M. Koons,-Edgar
ews, Wm, Souder, John R. Kin-

Edward Barnthaw, Wm. .H: Sou- ib

Jr, John Fo'yy, Jamea Huston,
! Kratz, Edwin G, Becker.

1, Bodner, John: : Fryer,.” Charles

er, sb W: Holmes, Charles B.

» E. . Shinners, . John

na: Taylor, Jacob > Bean,

kins, C. O. ¥ilsoa; ©. Q.

s, Harry aeerere Robert. ne

Racz Ronee: Dr. 1: B. i Heyibano,
1,-A; Bostock; Dr. Wm. McKen-
oar. Wm. Go Miller; Dr. Vaughan,
pea etery, Dr. Dy Nathan; Dr. 8.” B,
ing, Dre J. D, Side Dr, 8. D,
lere, &

+ | Csekes, of Phoenixville, agrived at the

1877, -

~— . em es

tin ott -

Shortly: after 6 o'clock Leon’ Geeton,
the. colored barber, who ts: serving’ a
aix-rmonths sentence : for the: larceny
of a five-dollar bill from the hostler at
the Hotel Veranda, gave Sabo his last
shave... Warden. Gotwals: and another
attendant were present. at the time...

\ It'was after 7 O'clock when Babo was
taken from cell No. 3 to the sofirmary
On'‘the second floor. This was done so
that he would: have a shorter walk to
the ‘scaffold, which had: been. rected
Jess than fifty feet from the infirmary.
His ‘spiritual adviser, the: Rev. Bela

prison. early and stayed © with’ the
‘doomed man to the end.” hy

Taken to the Death Cell,

“Warden Gotwals and his- ‘assistants

compelled “to =“ remove ‘seventy-five
prisoners who occupied cells in’ the
new portion the prison to: the oid|
section. This-was done to prevent the
Prisoners seeing the execution: The
new. steelcells are>buitt :
manner that the prisoners can Bee what
is going. on in the corridor, ~~ -

_ At 9:30 this morning Sabo. was given
his last commanion by his spiritual ad-
viser, who. was assited © by: a°Hun-
‘garian clergyman of-New York.)
~ Shertff: Buckley and his solicitor, A
H. Hendricks, called. while: these rites
of the: church were being’ conducted
and, were not-able to: see him.-

<District: Attorney: J.- B. ‘Larselere
visited ‘thejail at: 9 o'clock, but: did
not’ gee Sabo. He ‘was told® that the
condemned man had nearly: collapsed
when he viewed: the scene of his exe-
eution’.as he was being: transferred
from his cell to.the infirmary, but that
ho had recovered; <

‘Sheriff Buckley: was besieged at his
office up-untik the last. minute for
passes “to.-the. prison: to witneas the
hanging.” He issued . ae number this
ralatbeck G :

Details. of Sabo's Cetmest.

The Jaw. had taken the life. of “the
sixth® man who had. been’ cadjudged
guilty of crime which called: for: ‘capil:

tal punishment.» The others {acluded:
John Brown, burglary, hanged Apri!

2, W788.

~ Joseph Haddop, ” for. the: kliling ‘of
Anthony* Wochile, hanged. witoieed and f
67 1867.55
Thomas Francis Curley, for the: kill
ing of. Miss Anna ‘Whitby in« mohes

Providenee,, ppaneed September.

“John Sdaraden? Wilson, for: killings
‘Anthony Deak y* and. throwing the
body: inte. Lene ‘Wiseah focon pare
hanged Januety: 3, 1887.

~ James; Cleommer;. for killing ois
Kaleer:. on. Crookéd > Lane. ‘Upper
Merion, was hanged May 18, 1899.. «
‘Sabo's crime was the -murder. of
Mike. Boldag, of  Pottatown, on Feb-
ruary. 16,.. 1908.-" Boldaz’s. body © was’
found. in. the. Schuylkill.river near

wore. busy this morning as they were}:

“in auch al”

2,

a

Brooke's crossing by: a musk-rat hunt-

the old “burnt farm." ° “We arrived there.
about four o’clock in the: afternoon, :
We walked along the river, and\in a
‘secluded spot, L drew. the revolver end, |:
without him suspecting; I’shot him in
the side of the head.: -I do not remem-|-
ber. whether. I. threw. his body into. the’
river or whether it fell in, as: we were

right on’ the banks of the: stream. -1|>
was. very, much. excited...1 do ‘not }:

know’ how Jong’ { stayed at-the- spot,
but: it: was.dark when I> reached the’
Boldaz house. Wariday, another board-|
er, Was there with Mrs. Boldaz, when
L arrived,’ When we were alone’ ‘Mrs.
-Boldaz ‘asked: if°1 had: shot» her: man
and.thrown: him ‘into the ‘river.’ 1
told: her that ‘I had shot: him; but did
not know’ whether: I hed thrown him
into the water, ©.

“We: ‘went to bed fogether that hight.
During the night ste asked me why-!
was’ 80 ‘restless, She said that every- |.
thing was all right, her husband: was
now out of: the © road, and’ we could
live together unmolested: Vane

“Upon my ‘arrival home: after: the
murder “I'. gave the revolver to “Mra,
Boldaz and .she: pat. it In. a drawer.
Then ‘she said that was not a good
place: and asked me to find another
hiding ‘place for it.” a then put I no-
der. the ‘coals.

“When-~:f: “first came to the Boldaz
home I-found the woman just recover-
ing. from. @ severe IlIness:”" I was ac-
customed ‘to assist my wife with ‘her
household duties upon such occasions
so Ulent a hand to;Mrs. Boldaz in her
heavy- housework. Then’ ‘ls began to
find cigars-in- my lunch. box. 1 asked
her. if ‘she: put them’ ‘there’ and “she
said that she did. ‘I ‘inquired why she
did-it-and she said that she liked: me.
l.told her that it was no use as I ‘was
married,> She said, ‘What if you. are.’
After’a. while we became. all wrapped
up-in each othér and once the. moral
misstep was taken it: was not ‘long be-
fore we plunged ‘down ‘headlong. The
woman mede ‘it very unpleasant for
ner husband and urged» him -to — go
away. Ladmitthat I gave her jewelry
and wearing apparel and in return she
suid that she loved me very much, so
much that she wished that we would
never part: At first when I went there
I*paid board but it was not long be-
fore Iwas told .by the woman: that!
need: not-pay as | was just as good as

@ Susband”

Sabo..was “very much disappointed:
that the "woman ‘escaped the gallows,
fur so'ne-.weeks. since he told District
‘| Attorney <Larzelere ‘besides’ being
équally gulity. with him “in her: hus-
-band’s murder she was gullty of kills
ing two men in the ol¢ country, by
her’own admiveton, ‘Tals’ altegationt
was laid before: the Austro-Hungarian
authorities who reported it groundless,

The gallows upon: which Sabo: was
executed. Is. the same.one upon ‘which
Clemmer was hung. ‘Tt: was. Mesigned
by John Slingluff,. who: was :a long
time president of: the bcard ot. prison
Inspectors ‘but. who did “not “908 tt

CONFLICTS WITH ©
- STATE AU AUTO. LAW

Gwarthmore Giblecaoe basi Lights

Must Be Lat alg ec at ter
eet seg ete pes Sas es ene

Ewnat: eR a 40. be. * ‘case: piecing

every-eufomobilist Ii the State of Pean- | ©.

syivania took ‘place at Swartmore before
Squire Burnley. :' The , defendant, \-Woil-
more R. Taylor, 3 member of the Automo-
dil (lub of Delaware county, was charged
with. driving an automobdile within . the

borough limits. witbout lights op the 20th f:

Instant about 8 p. m., in-violatiog uf the
borough, ordinance “which ‘requires lights
on. vehicles at sunset, which. was SBS get! on}
that ‘date. %

“President J. it: Weeks, of the tastenmee
bile: Club” ‘of Delaware county, in.defend-

Ing, Mr, ‘Taylor, objected to ‘the procced-:

ings ‘and presented a .copy of the State
law, which does not) require’ tights. on
motor vehicles until one’ hour after sun-
sct, which on this date was 8.26 p.m. Mr:
Weeks demanded that. the proceedings be
Gismissed on the ground that the borough |.

ordinance confiicted with the State law,
but after considerable argument ‘with the
borough solicitor the magistrate conclud-
ed to hold the defendant under the: bor-
ough ordinance.- Mr. Weeks -again’ took
exception, and offered to enter security
under: section: 18° of the ‘State - law, <de-
Mmanding'a jury trial, which was‘ aiso re-
fused by the magistrateon the ‘advice of
the borough solicitor, =:

‘President Weeks advised the magistrate
that they, were willing to admit that the
defendant was in the ‘borough after sun-
set, but'that he:-was not violating the law.
The. borough solicitor. suggested: that. the
defendant:be fined and-the cost ‘be impos:
ed upon him,. but: that, under the’circum-
stances, the fine. be remitted.* On behalt
of the defendant; President: Weeks adtis-
ed the magistrate that, if the case was not
dismissed and the defendant held, that he
‘would nat accept. remittance, of the fine,
‘that. the’ fine ‘and costs ‘mist: be imposed
#0 that ‘the defendant could appeal.

He turther, stated that if the decision ot
the. Magistrate was upheld by the lower
court..that the. Automobile Club..of Dela-
Ware county ‘would ‘carry the case to the
Supreme: Court)» Io moving for a dismis-
sal the defendant also stated that this
ordingnce: was unreasonable, that it’ was
not: in: harmony. with: the ordinances of’
other ‘boroughs. where almost universally
lights on vehicles were required one hour
after sunset.. He drew from the prosecu-
tion’s witness the statement that he could
see the license tag on the automobdil+ at
a distance of about 300 feet ‘at this time,

The lawe of all other States which were
elmilar to. the’ Penneylvania - Stat Ms
making one ‘hour after sunset tho req
ed.uime for lighting up. vehicles were also

ae meena
AOA ODI ot FAME OS A Ca A DS BA OG OOOO iy OE 7

NELSON Ef
5 WOULD

A Doses ‘Other ¥
_ Counties of :
eer try

“At the ©-request

dis, of: Montgomer
tendent -Hoffman,
-E. A> Jacoby, payer
dale Public High

ntment to the U.
“midahipmen, viz.

ton.
.dghn E..Colley, B
Nelson ‘Easton, N

> Laster:-H. Freed,”

; Alfred R: Hamel,
» Alan®G. Harley, 7
‘Francis Rives H
_ Sidney Herkness,
Stacy Knopf, Pot
‘Julian Lathrop, N
Alexander. McNab
Raymond Mohr, Q
_Frank Wagner, P
Upon® the. conclus
examination © Mr. Jj
and. the other. twel¥
physically by Drs.
Noylestown; P. ¥.
H. Whitcomb, Norr
Fretz,: Sellersville.
It- will be a‘ few d
sult of.’ the . exam
known.

tended: the. exami
greatly pleased, as’
ers, with ‘the fine.
candidates, ° ;
Young Easton is a
rector William N.
Noble street. He 1

‘clted by the defendant... The magistrate. } ©

howeter, —s the defendant guilty, and f-

he fine and costs, which were

paar Rotice that pa appeal *

Lehony gi fat
IR Te ceetine ote of the case yestorday worn!
ing, President Weeks stated that if these

jocal ordinances. were allowed. to stand tnt. + #

defiance of the State law, that it ‘would be

impossible to drive:a cat in the State off

Pennsylvania, that -nothing could prevent p: ©

ridiculous regulations ‘Being enacted by} ’
every Httle borough, such as Party weet :

and.-that aman bye have bs Por ca
twenty. volumes in his car. an
to: inseroret them > ithe conteaiplated 4

Wanger,: County Si

following thirteen ¢

Charles L. Austl '

Mr. Wanger and i

¥


creation Do

“Exactly one week, Hanning sala.

“Well, if you think I committed that
crime,” Schaffer said brusquely. “why
don’t you look for the body?”

“T will,” Banning said sharply.

“Here,” Schaffer snapped, picking up a
shovel. “Take it and start digging.”

Banning broke into laughter. “Schaf-
fer,” he said. “On the way out here I
still had doubts. I told myself that you
didn’t need money badly enough to mur-
der for it. But now, you’re just dripping
with guilt. About this business of digging
—I’ll start with the new concrete floor of
this chicken house just as soon as the
cold spell breaks and the ground starts to
thaw. In the meantime—come along.”

The next day Banning returned to the
farm and went over it carefully. He found
bloodstains on the living room wall, and
a fresh coat of green paint applied to the
inside of the fireplace.

With a break in the weather shortly
after New Year's a crew of diggers was
sent out to the farm. They first attacked
the concrete floor of the scientific brooder
house. Three feet underground the pick
axes unearthed a black umbrella, and right
next to it a satchel filled with several
thousands of dollars worth of jewels.

The diggers probed deeper into the
ground, and soon another discovery was
made. It was the trussed, headless body
of a man. And finally, some distance
deeper, Ermann’s severed head came to
light.

ANNING went to see Schaffer in the
county jail and told him of the re-
vealing discovery. :
“I didn't do it,” Schaffer said. “Can I
help it if the killer picked my chicken
house to hide the body? Why should I
have wanted to kill Ermann?”

“You buried the jewels,” Banning went
on, ignoring Schaffer’s question. “You
were smart enough to figure that we
would look for them in pawnshops. You
took the cash he carried on him, some
$500, according to the memo book that
we found in Ermann’s satchel.”

“All that’s preposterous,” Schaffer
scoffed. “The jury’s never going to find
me guilty.” °

But Schaffer erred once more. And the
12 men in whose hands his fate rested did
find him guilty. The penalty was death
by hanging.

Two weeks before the execution date
he sent for Sheriff V. H. Wieand.

“I want to make a clean breast of it,”
Schaffer said. “I did murder Leopold
Ermann. He tried to cheat me out of some
money. I became furious and struck him.
He came back at me. We struggled, and
suddenly he collapsed and was dead. I
became panicky and buried the body.”

“If that is true, why did you behead
the man?” Wieand asked, shaking his
head.

“T’ll ask my attorney to move for a new
trial, and I’ll tell the jury the whole story
then,” responded Schaffer.

But a motion for the reopening of the
case was denied. When word of the de-
cision reached Schaffer he wrote out a
list of items he wanted brought to his jail.
They included a suit made of black fabric
imported from Manchester, England; a
white shirt with a many-tucked bosom;
a white silk four-in-hand tie; and a pair
of patent leather dancing pumps.

And wearing that apparel, the scientific
chicken farmer on February 10, 1910, paid
the penalty for his crime.

(The names Bill Everhard, William Sieber and
Fritz Keckeis ave fictitious to protect the identity of
persons innocently involved in the investigation.—
The Editor.)


hotel and waved to the jewelry
peddler, who was carrying a_ black
satchel in his hand as he strode past.

“Was somebody following him?”
Frankenfeld asked. “A man with a
black beard—” -

Krause shook his head in doubt. “I
don’t remember. But it is quite pos-
sible.”

“Did Ermann continue on the road
toward Newside ?” .

“That's right. And if I’m not mis-
taken, I saw him stop at Stephen
Blose’s house. That’s the place on top
of the hill.”

HE detectives went there. Mrs.

Blose, a_ pleasant - faced, gray-
haired woman, answered the door.
Ermann had indeed stopped at the
“house a month ago. She had ordered
a watch chain and_ gold - rimmed
spectacles. Ermann had promised to
deliver within two weeks, but she had
heard nothing more from hint.

“Did syyou notice whether he was
shadowed by a tall, skinny man with
a black beard ?”

A puzzled frown.
of it, yes.”

Unfortunately, the woman was un-
able to tell the officers where Ermann
had gone from her house nor the exact
date of his visit. They tried several
farm houses down the road to New-

“Come to think

side, and learned that Ermann had

spent the night with Oliver DeLong.

The date?

DeLong left the room and came
back with a postcard, which, he ex-
plained, was a practical joke of sorts.
Ermann had written it the night when
he stayed over a birthday card for
Oliver DeLong’s mother who lived in

The old buildings razed
to wipe out memory of
the deed, new white
structures now grace
the farm where Er-
mann, above, met the

fate he had long feared.

DETECTIVE
‘

the same house. He had put it in the
mailbox outside where it was picked
up by the mailman next morning to be
brought back again the tollowing day
and deposited in the very same box.
The card was dated November 16
in Ermann’s handwriting and_ post-
marked November 17.

“Just one more thing,’ Reese said.
“Did you see a stranger who was sort
of shadowing Ermann; a tall, skinny
fellow ?”

“T didn’t see him,” DeLong replied.
“But while my wife was preparing
supper, Ermann sat at the table and
told us about a tall man with a black
beard who had followed him all the
way from the railroad tracks. The old
jewelry drummer was mighty worried
about it. That’s one reason why he
wanted to spend the night with us.
And to hear him tell it, I don’t blame
him for being terrified. These roads
around here are awfully dark and
lonely at night.”

More than a little intrigued by this
knowledge, the two officers realized
the bearded stranger could have holed
up for the night in a barn and the next
day resumed what might have proved
to be a death watch over Ermann.

Chief Banning showed great in-
terest when informed of this lead.

“T have received a list of the jewelry
Ermann had with him on that trip,”
he said. “It’s from the Philadelphia
wholesale house which he represented.
I checked with pawnshops and
jewelers in Allentown, but none of the
items has turned up. I’ll give the list
to the Philadelphia police and ask
them to shake down the second-hand
stores in their territory.”

The next day Reese and Franken-
feld picked up Ermann’s trail beyond
Newside, on the way to Neffsville.
Passing the home of John Schaffer,
he had chased away a dog that ran out
barking at him.

ed td asx ~
PDA ge Se,

Even closer to Neffsville, Ermann
had stopped at Ulysses MGeorge’s
where he displayed his wares but made

no sale.

But no one at the last two stops had
seen the stranger with the black beard.
Nor had the Hunsicker family, with
whom Ermann spent that night, been

aware of any mysterious shadower,’

which seemed to quash that theory.

The officers listened carefully to the
story told to them by Oliver Hun-
sicker and his wife.

Ermann had arrived at their farm,
one of the most prosperous in the
county, shortly before nightfall. He
brought a small diamond ring which
Mr. Hunsicker had ordered as a holi-
day gift. As it was getting dark they
invited the old man to spend the night
with them, which he gladly accepted.
He left in the morning after breakfast.

Hunsicker saw him take the road
to Schnecksville to be hidden shortly
by the swirling fog of that morning.
All efforts to follow his trail from that
point on proved in vain.

O ONE had seen him. . He had

not stopped at any of the farms.

Nor had he been observed in Schnecks-

ville. He had been expected at George

Peters’ home, just outside the town,

to deliver a watch, but apparently he
had never gotten that far.

The checkup of pawnshops in
Philadelphia wasn’t making any head-
way either.

“We should have kept out of this,”
Reese told his superior disconsolately.
“We've only wasted our time over an
old man who, for some reason, decided
to drop out of his former life.”

Banning pulled at his handlebar
mustache.

“You boys did a pretty good job, it
seems to me. And as for the case, I

[Continued on page 44]

11

mee

ty EE ES ol CE ag CO cary

nee

OS er

<>

eels La ek eee

read. “We were living together in Vienna,
but our funds were about gone. Nor could
I go back to Russia and make a living at
my profession because of an embezzle-
ment indictment against me there.

“The countess returned to Russia to get
the first rich man she encountered inter-
ested in her. Her victim turned out to be
Paul Kamarowsky. First she lured him
to Hyeres. ‘

I was there, too, in the same hotel with
them, except that there I used the name
Zeiler. Things didn't work out quite right
for us in Hyeres and so we moved on to
Vienna.

AAAS pe aesee MAU MAE HEE LAU aliy ALLEL ESL IML
the countess, but we knew that Count
Kamarowsky stood in great envy of him.
The one letter was enough.

“Once the insurance was in force, the
countess talked Kamarowsky into jour-
neying ‘on to Venice and taking a house
where, supposedly, she would join him.
Meanwhile she claimed urgent business
in Kiev. Arrived there, she worked her
wiles on Naumoff. When she had Nau-
moff worked up to just the right point,
she wrote me to send just the sort of
telegram I sent, signing Kamarowsky’s
name.”

In similar terms, the countess likewise

it Was Her Claim tat t’rilukott had worked
out the strategy and had dominated her
all along.

Regardless of who was the leading
spirit, both went on trial for the crime in
March, 1910—as did Naumoff—and all
three were convicted. Prilukoff received
a ten-year sentence; the Countess Tar-
nowska eight years; and Nicholas Nau-
moff got off with two years—because, as
the judge said, “He was inhumanly co-
erced, tricked and deluded.”

Released from prison in 1915, the
countess died soon afterward, addicted to
cocaine. And Naumoff and Prilukoff, too,
are now long since dead.

H
ie Hf

[Continued from page 11]

think it's practically in the bag. He
was murdered somewhere between the
Hunsicker place where he spent the night
and the Peters’ place where he was sup-
posed to turn up but didn’t!”

“Chief,” Frankenfeld intervened.
“There are only three families on that
two-mile stretch of road. They're all
people who've lived in these parts for
generations, and you can’t find more
decent and respectable folk anywhere.”

“With one exception. The man who
killed and robbed Ermann.”

“All right,” Reese said, shrugging. “If
you think so, we’ll keep on plugging.”

Living next to the Hunsickers, about
a mile down the road was Hunsicker's
stepson, George Schaffer. He was a
slightly built, fastidious, young man who
looked little like a farmer. He had held
various jobs in Philadelphia, while study-
ing art.

Bur when he became consumptive his
physician advised him to quit city life
and spend as much time as possible in the
clean, crisp breezes of the country. As a
result Schaffer started a scientific chicken
farm near the family homestead.

Retracing previous steps, Reese and
nn looked up George Schaffer

rst.

“I wish I could help you,” he said,
smoothing his four-in-hand tie. “But un-
fortunately I have absolutely no informa-
tion on the old man. I had a chat with
him when he stayed at my stepfather’s
the night before he disappeared, and
ordered a ring for my fiancee.”

Bill Everhard’s place, two miles from
the Schaffer farm, was the next stop. Bill
was a leather-faced, crusty horse 'n’ buggy
farmer of the old school with a scorn for
science and newfangled notions. He was
just then paying a heavy penalty for that

. sort of outlook. Out of his 200 hogs some

150 had died in recent weeks of a fever.
That, aggravated by other mishaps, had
made his financial situation pretty shaky,
and rumors were afloat that the bank had
threatened foreclosure proceedings. _

Everhard greeted the detectives with a

urly face.

“What's the idea of snifing around my
place,” he growled. “I told you I don’t
know what became of that old trinket
peddler.”

44

°

Everhard watched sullenly as the de-
tectives started tramping over the farm.
They kept a weather eye out for freshly
turned earth. They poked into the barns
and outhouses; they went over every inch
of the handsome main building. But no-
where were they able to observe any
telltale marks, and they soon left for the
third homestead along the Schnecksville
road.

The place belonged to an old-timer
named William Sieber, a huge man with a
flowing red beard. In addition to running
his farm, Sieber was a blacksmith. He
was in the process of shoeing a horse
when the detectives arrived.

“Still looking for Ermann?” he asked,
glancing up.

He was told they were indeed, and with
redoubled vigor. ,

“T had an apprentice,” the sturdy old
farmer said without preliminaries. “A
young fellow just over here from Europe
by the name of Fritz Keckeis. Maybe you
saw him when you were here the other
day. Well, something funny happened.
A few hours after you left he said he was
quitting.

“Now, Fritz liked it here and had no
reason for leaving—unless he was wor-
ried about your asking questions. Before
he left I looked through his suitcase and
what do you:think he had in it? Rings,
watches, gold chains and other jewelry.”

Reese’s eyebrows went up. “Did you
ask him about them?”

The blacksmith nodded. “You bet. He
said they were family heirlooms he had
Lrought with him from’ Europe. Maybe
it was so, I couldn’t keep him from leav-
ing. But if you ask me, that fellow had a
load on his mind from the way he acted.”

The detectives’ hopes soared. It had
been difficult for them to believe that a
local man could have been involved. But
here was a stranger with jewels in his
suitcase, who departed suddenly and with-
out reason.

William Sieber unfortunately was not
able to tell him where Keckeis could be
found. To his knowledge the apprentice
had no relatives in this country.

The two officers decided to turn this
new information over to their chief.

Which of the three leads held the key.

to the old peddler’s mysterious disappear-
ance? The bearded shadower, who had
practically dropped out of the picture?
The mass demise of Bill Everhard’s hogs,
with resulting financial: difficulties? Or
the apprentice’s sudden leave taking after
the detectives had visited his employer’s
place? °

Banning slept on the case. By next
morning he had a fresh viewpoint, or so
he thought.

“When exactly,” he asked Reese, “did
Schaffer tell you he ordered a ring for
his fiancee from Ermann?”

“Like we told you, Chief—the night

before Ermann disappeared. You remem-
ber Ermann stayed at the Hunsickers that
night? And Schaffer is old man Hun-
sicker’s stepson.”

Banning gave a nod. “Fine. Now, did
George Schaffer become engaged in the
meantime?”

“Yes,” Reese said, registering increased
surprise. “A little less than a month ago.”

“Tell you what you do,” Banning said.
“Visit all local jewelry stores, including
pawnshops, and get me a list of everybody
who purchased an engagement ring in
this city after Ermann’s disappearance.
Don't ask any questions—I’m just follow-
ing a hunch.”

Reese was a doubly baffled detective
when he returned from the errand. Only
two rings had been sold. One of the pur-
chasers was an employe of the Allentown
postoffice. The other was George Schaf-
fer.

“We can forget the postal clerk,” Ban-
ning.said, beaming. “Now what's the date
on _ which Schaffer purchased the ring?”

Reese consulted his notebook. “No-
vember 25.”

“That is exactly a week after he told
you he ordered a ring from Ermann.”

Reese rubbed his jaw. “Funny. Schaffer
orders a ring and doesn’t wait for Er-
mann to deliver it. And at that time
nobody knew Ermann wouldn't turn up
again. You think Schaffer—”

“I’m as sure as if he had told me that
he killed Ermann.”

B* NOON that day Chief Banning and
the two detectives were at the Schaffer
farm. They found George Schaffer, this
time in overalls, cleaning out the brooder
house. ,

“How do you like the new concrete
floor?” Schafter greeted the investigators,
pointing to the chicken house.

“You did it yourself?” Banning in-
quired casually.

“With my own hands.” :Schaffer de-
clared proudly.

“You did-a nice job,” Banning said,
looking at the floor, which was indeed
smooth and new. “You're always the last
word in efficiency. Even in murder.”

The smile on Schaffer’s face vanished.
“What do you mean by that?”

“I mean,” said Banning slowly, “that
less than an hour ago I took out a warrant
for your arrest. I have good reasons to
believe that you murdered Leopold Er-
mann.”

“And what are those good reasons of
yours?” sneered Schaffer.

“The purchase of the wedding ring is
one of my reasons. You, and only you,
knew that Ermann was dead. If you or-
dered a ring from him, why didn’t you
wait for Ermann to deliver it?”

“What do you mean?” Schaffer ‘flared.
“Of course I waited—”


404. HIGGINS et ux. v. JONES, Appellant. a
337 Pa.
Opinion of the Court. [

lant entered upon the intersection in bate .
pe “mitted him to make an instan
: eveals that he could
as he saw

manner as would have } ; "
stop. Defendant’s own testimony ace
have averted the collision by stopping

« ,

Pp 1 t fs ) "1 Ir Ss te ( proc ce led into the
ae
la n il autome bile. ,

I < or W1 h ut exer c1ising ] @ Cz } ch the cir:

ste > « / . .
( umst ances SO m inifestly demanded. In B € h mw Il es
, the fac t Ss of W hich are siml lar to those he re

potsae ahs e held that the question of defendant’s neg-

resented, W ; +Ury
once must be submitted to oy ae ge, which was re-
> . $ or char )
ay acond point Z ts of
Defendant’s se e the facts
fused by the court, purported to ip ele a a8
— » but it assumed the existence 0 Jant's
mee Keney 1 cord and contrary to defend: be
AAT j LF 1e Te . P : roule
danse Sale As the affirmance of this point wo

af 7 j ed:
own testimony 2 CaP pe ras ro erly reject *
have tended to confuse the jury, it was prop 227
‘“ zu :

“3. 227
C Nazarko, 224 Pa. 204; Edwards v. Meyers,
om, v. zarko, 22¢
: v. Heston, supra. ae
ee te 2rror te te refusal of the court te
coe nene ay: y be permitted to

j jur
grant defendant’s request that be sa inspections may
ision. * :
; , of the collisio
view the scene

juror er

be desirable in certain cases to enable the a vie
aes stand the evidence or to resolve conflicts eee
7: Se a ver ‘ Railroad Co., 132 Pa. 5245 ar : =
pede Et 331 Pa. 507) but the matter is ae
pe “ ‘the discretion of the trial judge: i a
aa soars Pa. 187; Frasso v. City of gape gee
. ca is F Havds: 104 Pa. Sp aneenes a

hoc 1 P 26 Pa. Supe aia
a Se Ne aie the Sige
mest ‘ie blueprint of the sangucigseies ye ta
ees hak batt i icture of the place

pi 4 are At Ls therefore, not 8
a ee for the trial judge to refuse to : rene
. oy Setante of thirty-five miles (as statec vibes
ete oe the courtroom to examine the pes ae
eae "his Smith v. Penn Federal Corp., 3
collision.

The judgments are affirmed.

i
i

COMMONWEALTH ». SCHURTZ, Appellant.
405, (1940). Syllabus.

Commonwealth v. Schurtz, Appellant.

Criminal law—Continuance—Sufficiency of time for preparation
of case—Circumstances of each case.

1. In determining whether a continuance should be granted in
any criminal case, the nature of the crime and the circumstances
attending it must be considered. [409]

2. On the trial of an indictmen
der, it was not error for th
the trial, twelve d
nine d

and the names and ad-

nd and their attendance
and counsel failed to point out in
ed by the brevity of time. [408-9]
Criminal law—Venue—

defendant in public min
review,

Change—Prejudicial animosity against
d—Discretion of trial judge—A ppellate

3. It was not reversible err
application for a change of ver
the public mind had been p
favorable articles in the loca
funeral of the deceased, and

or for the trial judge to refuse an
nue, applied for upon the ground that
rejudiced against defendant by un-
1 newspapers, by the public military
by the wide discussion of the crime
in the community, where it appeared that the newspaper articles
referred to were not offered in evidence, there was no public dem-
‘onstration against defendant before or at the trial, and there was
no allegation or proof that the jury was led to its verdict by bias
F prejudice. [409-10]

4. Under such circumstances, it was within the discretion of the

refuse the motion, and there was shown no
abuse of discretion as to warrant the appellate court in reversing
the determination of the lower court. [410]

Criminal law — Charge — Murder — Manslaughter — Burden of
Proof—Isolated excerpts from charge—Review of evide

nee.
5. It was not error for the trial judge to charge that every un-
lawful killing was

presumed to be murder, that is, murder of the
*econd degree, and the burden was upon defendant to reduce the
rade of the crime to manslaughter, where it was proven beyond

405

ty ‘zannos

it

ONét-92-2 Uo (pueTZequMYZZON) eTUEATASUUEL sitesi Rg

:

At

%

VERE

5 SORES pk ANH ey as


his whole frame, and then all was over. It was ex. |
actly & six minutes past twelve o’clock A
- WHEN THE DROP FELL.

Hezekiah Shaffer murdered his wife on the morning *
Of the 21st of February, 1878, the crime. having had ite .
insptration in last. after another woman residing in ,
the neighborhood of the tragedy. The bloody deed |
was committed in & log-cabin a short distance from a :

public road, near. Franklin Furnace, about ten miles &
from Chambersburg. .Ten years before the murder .

| Hezekiah Shaffer was married to Eliza Snider, the ;
ie of his licentious wrath, and until the fast 5 year |
| together peace-
| fully. In 1877 he had illicit intercourse, according to
his own statement, with Harriet Gearhard, and from
that time until the day of his wife's death hecontin-
ued his improper intimacy with her. - -On-the Tuesday.
evening preceding the Thursday morning en, Which
the murder was perpetrated, Mrs. Schaffer attended
United Brethren Church mecting, about.a quarter of
& mile from home ; and, was there taken sick, the ef-
fect of arsenic administered by her husband. She
suffered intensely, but rallied, and he, fcarihg that the
poison would not do its work, ascended the rude
stairway leading to his wife’s room, they not sleeping
together on account of. their paprcenan, relations’
end :

ATTACKED ‘HER ‘WITH AN AX wate BLEEP.

The next morning she was found dead at the foot of
| the stairway, her face and head full of wounds, and
| her long and disheveled hair matted with blood. On
| her neck was the impress of a thumbd and three fin,

gers, evidently made by Shaffer, whose fingera had

been rendered useless by a wound received in the
army. On the woman’s body were thirty-one cuts
and bruises, fourteen on the head and face, and seven.
teen on: other portions of her body. On the walls
were a number of blood-spots, some of them three
feet above the steps, strongly indicating foul play. In
the : face. of these -damning evidences of murder,

Shaffer put forth the story that; in fit of dizzineas,
| his wife had fallen down stairs on two axes, a boot-
| jack and a stove-door, which stood inside the door

leading to the kitchen, and received the numerous in-

juries. The fact that the implements occupied a

natural position, and the many: wounds. could not

have been inflicted in the manner indicated, with
other circumstances, that Shaffer was the murderer of
his wife, and.on the Sunday following be was arres-
ted. The trial of the monster began on Wednesday,

April 24, 1878, and on the following Monday the jury,

after being out over three hours, returned a verdict of

murder in the first degree.


; : oe +=!
| CHAMBERSBURG, Pa,, April’ 17.—Hezckiah Shaffer, ef
Franklin county, wko murdered: bis Wife on the siet
of February, ISTS, was hanerd in the jail-vard at this...
plave to-day,’ He was carried to the: scaffold: ii a4.
blanket, woak trom boss of blocd on account of his a°-
tempt at suicide. On the scaffold he wis Fcated in du
arm-chair during the proy poss of Pintoning his aris’
and legs. \He was Placed on 4 stool, and the rope was”
adjusted about hie head.” He wis asked whether ke
had anything to fay, but he only shook Lis head,

AM rderer's Attempe at Suicide,

Curpr RaRt ;
Who fa tondnes = Apri} 14.—Hezekish Shafer
St ace tel here ‘await; exeeution
Ob

fp fp 2b, (5 vay d

‘

ortrant.}
| -pteanawpek Ps:, on the morning of the 17th, under
oan stances that wore unusual in many respects,
= rief mention of which was made in our Sheconaing '
rcub A cold, drizzling rain was falling at the tite;
; aking the dismal and bleak. scene more leak’ s d
2 eee it otherwise haye b aA
¢ nurdere? pasved a very uneasy "Aceing
a 8 short time at long intervals, (ha Woes Gh atson
_¥Y hie attempt at -eulcide on the Monday’ morning
Peas | oe ia a him that he could not ait,
. It was clear, ever: ‘the act ‘was
committed, that if he was banged aiheavamueen
he would have to be carrie
toa desire for a respite for
would not inte

1 was fil
of bis li

There was'no

rouse 4 mawk-

only pretence
ope of esc

the wife-murderer, was stiged in

Cup QUPATR THAT WAR INEVITABLE, ©0550)

“This failed him, however, and 8 fow: minutes ‘before
twelve o'clock he was carricd from his celi$to*a tem: |

porary platform which had been erected between the |

~ door of tho prison and the scaffold, On the gibbet antool
wan placed for the condemned man while the noose

was being adjusted around his neck, and on the plat: |

"fort which led to the scaffold there wae a chair, in
“which he waa to ba put while his atme and lege were
‘being pinioned. “The ‘gallowa was of the. ‘mont ap-

proved pattorn, atrongly built.and neatly painted. A

few minutes before the prisoner. was brought: down
| the jury filed out of the jail and took their places, in
"the rain, near the west wall, to the left of the ecaffold,
_ there being only one umbrella for every three jutors.

Then Shaffer was carried down: the etsirway and}
‘through the corridor of the prison in blanket, and

‘thus’ he’ was conveyed out upon ‘the platform in the

n his eyes to look
“It woe with dif.

a CAUGHT & GLIMPBE ay

‘He was exccedingly pale from the loss of blood. and

“very much emaciated, but otherwise ‘he showed no.
sign of the mental agony ho was undergoing. Shaffer
was a tall, athletic looking man, With a dull’ but not
bad face, At one time he was.a conepicuous church
member, but his. appearance did not indicate that his

| moral faculties were very well developed. : He failed

to join in any way in the devotional exércises which:
were conducted by the Rev. Dr, Crawford, and ‘which
took place as soon aa he was fixed in the chair. Dr.
Crawford prayed fervently in behalf of the doomed
man, and especially akked that. whatever of doubt:
still “hing: over the.case. migh -dissolved bu

| Shaffer did not take the hint and make 9 co n.

‘When the prayer was finished Sheriff Gable proceeded

to pinion the arms and legs of the unfortunate pris-
_oner.: Shaffer was then asked if he: had anything.to
‘aay, aud in response he spoke in a voice’ acarecly

audible to. those who stood imtediately by him,

thanking the sheriff for the. kindneasca. which “had

been shown him, and his counsel for their efforts in
half; and expressing forgiveness for. all. his
For himeelf a

B cept the sheriff.

‘and-everything was in readiness for the |
le was not satisfied and madcaa ‘ls
ineffective with

1, Sheriff Gable bid hi
fold, pave the:


Friday, April ro, 1863, was the first judicial execution in Beaver:
County.
In March, 1862,

Several persons to stop
house. That was the last seen of John Ansley alive.

Soon thereafter the body of Ansley, riddled with bullets, was
found in a deep hollow in the woods near the home of Eli F,
Sheets, with the carcass of the bay horse lying a few rods away.

Sheets was charged with the murder, arrested, and put on
trial for his life at the June term of court, 1862. The foreman
of the grand jury which found the bill of indictment was William
K. Boden. The presiding judge was Daniel Agnew, soon after
made Chief Justice of the Supreme Court of Pennsylvania.


eet.

*lorence.

hat’s his

0 create
tb a few

<. Then
| Oxford

He was
elly and
eteer in
vith the
the mug
ious in-
\y jams.
district
oortant,
Sorinne
on each
ted out

Being a-cop for a long time makes you
one. You get so you can look into
People’s brains, sometimes, especially
when you question them in acrime. I
looked at her and thought about the im-
Pression Fane Wodlinger had of this
Peculiar girl, who stared at you with
big glossy eyes that you couldn’t see
into. Fane Wodlinger’s impression was
right. This kid seemed to be in a
dream-like State, a trance. It was
screwy. But what I really wanted to
Say was this: She was lying. And I
knew it. : :

How could we get at the truth?

“Where is Jaycee now?” TI asked.

“Oh, maybe home, I guess. ‘I was sup-

to meet him later and go toa

party, I don’t know where.”

muscular flesh.

Maybe, I thought, maybe.

“You know that Mrs. Wodlinger is
dead, don’t you, Corinne? That she was
murdered, stabbed to death with a
bread-knife?”

“Jaycee told me about it.”

“Didn’t you read it in the papers?”

“I can’t read. And I can't write. I
didn’t go to school.”

“You have a room above Jaycee’s
restaurant, haven’t you Corinne?”

it seemed to jolt her for a@ moment out
of her duH state, and for the first time
her eyes showed fear. She trembled a
little and if I'm not mistaken sucked in
her breath in a gasp. I had knifed into
her placidity without intending to do
So, and swiftly I shot at her:

“You murdered Mrs. Wodlinger. You
stole her rings. You stabbed her to
death and cut off her fingers to get her
rings. You chased her into the bath-
room and stabbed her in the back and
you killed her. We have your finger-
prints, and somebody saw you kill her!”

She sat back in her chair as if I had
Slapped her and then suddenly she cried
a little and raised her voice for the first
time and exclaimed, “I only did what
Jaycee told me!”

I turned to Richardson and said
quietly, “We better get this mug, Jaycee,
before we go any further.”

“That’s right.”

“Did you notice hdw she reacted
when I mentioned her room?”

“Yes, I did.”

,. There’s something in that room,
I’m sure. There's a clue there. She
was afraid for a moment. We better
look into it.”

Walsh and I went to Jaycee’s
restaurant and spoke to a portly, jovial
man behind the counter who said he
was the manager. We asked if Jaycee
was home and he said no. We flachned

Jaycee Kelly, fully clothed, was lying
on a couch, smoking a cigarette.

We went around to the door and.

knocked and soon Jaycee answered it.
He was jaunty, familiar, pal-like.

“Drop the grin!” I ordered. “Get
your coat and hat. We're pulling you
in.”

“Okay,” he answered with a broad
smile. “How long do you think you're
gonna keep me?”

Station house.

Mrs. Wodlinger’s funeral was to be
held that afternoon, Sunday, and
Harry, as he approached me, appeared
quite broken.

“We caught the maid, Harry,” I said.
- “Yes, I know.” :

“We want you to take a look at her,
you and Fane.” :

We walked them back to the cell
rooms and to the cell where Corinne
sat on a bunk, staring out. I ordered
her to stand up and W
Fane inspected her.

“Yes, that’s her, all right,” Wodlinger
said. And young Fane added to the
identification. It was certain. Then I
showed Wodlinger the small diamond
ring, and Fane identified it as her own.
Then we escorted them back to their
car.

Not My Son, Too! (Continued from Page 23) OFFIC!

brother, in a Hamtramck saloon. I
learned from newspapers that several
Police, acting on a tip, entered the
bar and saw a coat with bullet holes in
it hanging on the wall.

They stepped outdoors and spotted a
Coatless man walking down the street.

They overtook him and arrested him.

Anthony Machus and Stanley Wy-
kowski pleaded guilty and were sen-
tenced to life imprisonment at the
Marquette State Prison.

The other two stood trial and also .

were sentenced to life in prison.

John Podolski, who was sentenced
-to life at hard labor and in Solitary
confinement by Judge Charles Bart-.
lett, September 5, 1925, escaped from
Marquette prison June 7, 1948, but was
recaptured a few hours later.

There was a big funeral for my hus-
band. A police guard of honor, banks
of flowers and everything. The news-

Now was the time for Mr. Jaycee
Kelly, who had not lost his cocksure-
ness.

We took him into the Captain’s Office,
sat him down and without any prelude
shot questions at him:

“Kelly, you're the guy we want on
this Wodlinger killing!”

He flashed his toothy smile and his
curious maroon-like eyes glowed. “Who
told you that? Corinne?”

“Yes, Corinne.”

**\YVOU'RE up the wrong alley. Some-

~* times I do bad things, but killing
isn’t one of them. Pll tell you what Tul
do. I'm gonna give you every place I’ve
been since Tuesday, every little minute,
and it’s: gonna ‘stand up because I'm
telling the truth.”

And he told us, moment by moment.

Hours later we found this: His story
checked. We could not Place him at
the scene of the crime at any time.

Then we brought in Corinne and sat
them opposite each other.

Kelly sat staring at her as we ham-
mered at her, hammered at her about
the social-security card, the fake
recommendations, showing her the
knife from time to time and her bloody
clothes, but she denied everything,
simply saying, “Jaycee told me: to do
everything . . . Jaycee told me to steal
the card ... Jaycee made up the letters
- .- I did everything he told me.. -. I’m
afraid of him ... He’d kill me if I didn’t
do everything ...I gave him the money
...I gave Jaycee the rings . . . I gave
Jaycee...”

Suddenly Kelly himself shouted,
“Wait a minute!”

They also found Kelly’s badge near
him, the top of it punctured by a bullet.

I later learned that Mrs. Adell Clem-
ans, who lived next to the alley, told
Police she had heard what sounded like
three shots. She sent her husband,
Leon, to investigate and he found my
son lying in the street. He ran back
to the house and called police.

“After the shots,” Mrs. Clemans told
Police, “I heard two men running to a
car. There were other men in the
car, too.”

Sergeant Doerr assured me the po-
lice would do their best to learn who
had shot Kelly.

The Sergeant wanted to know if
Kelly had any enemies.

I shook my head. I didn’t know of
anyone.

But Dolores told him about a gang of
young hoodlums.

Kelly. Dolores said woe havin

I turned to him. “What do you want
to say?”

“Look, I'll tell you this. I pawned the
stuff that Corinne gave me—I’'ll get you
the tickets. Now wait a minute.”

He stood up and walked in front of
Corinne and she smiled slightly.

“Corinne,” he said softly as he looked
straight into her eyes, “I want you to

.do something for me.”

“What, Jaycee?”

“Tell these men the truth.”

He kept peering into her eyes until I
wanted to pull the lug away. It was un-
canny, eerie, crazy. Then he stepped
aside, back to his chair and sat down.

And then I heard the strangest, most

“I was lying,” she declared. “I killed
her. I stabbed her to death. Nobody
else but me. I was all packed to leave,
and I wanted all the rings and things
she wore. I hated her. I hate every-
body I have to work for. Everybody I
work for is rich and nobody ever gave
me anything but Jaycee. I didn’t want
to kill her at first, just to scare her. I
put my gloves on and I went to the
kitchen and got a knife. And when I
Picked up the knife I felt like killing.
And I snuck upstairs and she was in

Several high-ranking officers in the
Police department already were at work
leading the investigation. They were
Superintendent Edwin Morgan, Deputy
Superintendent Kennedy Lawrence,
Senior Inspector Sam Throop and
Deputy Chief of Detectives John
Whitman.

The rest of that night, a night that
seemed ages long, we waited and pray-
ed outside Kelly’s room. ;

While we waited they told us he
might have a fighting chance.

“Please, God,” I whispered. “Give us
that chance. He’s so young and never
did anyone a wrong. We want our
boy.”

| SAW that Dolores’ lips also were mov-
ing in silent prayer. Neither of us
talked. There wasn’t much we could

sav. Her hushand mv can wae inet

the bathroom, looking out the window
or something, and I ran in and I

and I got a cab and went to my room at
Jaycee’s and I gave everything to
Jaycee.” ;

There it was. Finished. The Slender
= had done it. This strange, slender
girl.

She was convicted of first-degree
murder on March 17, 1945. They car-
ried her case to the higher courts but
the State Supreme Court ruled it out,
and the United States Supreme Court
refused to review the case.

At one minute after midnight, on
October 14, 1946, I watched her walk
into the little green room at Rockview
Penitentiary and sit down unaided and
unassisted in the electric chair and
make herself comfortable. She looked
at me with her glassy stare until the
black hood was placed over her head.
Two minutes later she was pronounced
dead—only the second woman in the
history of the state to be executed.

And Jaycee? He was sentenced to
five years in the Philadelphia County
Prison on charges of being accessory
after the fact of Mrs. Wodlinger’s
murder. :

The names Evelyn Mercill, Mrs. {oan
Herbert and the Sargent Employment
Agency in this story are fictitious.

Read It First In
AL DETECTIVE STORIES

“Do you know who shot you?” he
asked slowly. .

There was no answer. No flicker of
understanding. .

“How many were there?” the detec-
tive asked.

Kelly didn’t even open his eyes.

The detective shrugged his shoulders.
Dolores, in a low voice, asked, “Can you
hear me?”

Kelly nodded his head faintly. ;

Dolores spoke softly and gently. “Do
you know who shot you?”

He opened his eyes for a moment,
then closed them.

“Do you know who shot you?” Do-
lores repeated.

Kelly shook his head.

The detective whispered to Dolores.

She asked, “Would you recognize

them if you saw them again?”
Kelly nodded his head


“They are copies of her recommenda-
tions.”

We read them.

“I checked those recommendations,”
added Mrs. Herbert firmly.

“By phone?”

“Yes. It’s impossible to check every-
thing personally.”

“Okay. Take a look at this picture.”
I placed the album before her and
turned to the photograph Fane had
identified. I kept the flap turned up.
My Evelyn Mercill? Take a good
Tove) ”

Mrs. Herbert looked long, first casu-
ally and then wide-eyed. “Yes. This
is Miss Mercill.”

“This is the girl you sent to Mrs. Wod-
linger, isn’t it?” i

“Yes, it looks very much like her.”

I turned down the flap. “Read that.”

HE read and began. to breathe
heavily and then sat back. Beside her

on her desk was a late afternoon edition
of the evening paper, which we had
been glancing at now and then, noting
the streamer headline telling of Mrs.
Wodlinger’s murder with a subhead
saying, “Maid Is Being Sought.” Mrs.
Herbert looked from us to the news-
paper and seemed speechless.

“But she was such a nice girl,” she
finally said. “I'm sure she had no part
in this. This is terrible. I’ve been in
this business for many years, gentle-
men, and I have never once been
tricked. The reputation and the in-
tegrity of the Sargent Agency can stand
on its good record.”

“We're not criticizing you or your
agency, Mrs. Herbert. We've just come
here to make sure who this maid is—
Evelyn Mercill or Corinne Sykes. We
have to run this down, that’s all. What
address did this girl give you? And
let me have those copies of the recom-
mendations.”

“T’'ll do everything I can to help you,”
she said.

It was 7:10 when we left Mrs.
Herbert. ‘We had been plugging
steadily for five hours and hadn't
thought about food. Now we were
hungry and we stopped into a restau-
rant close by for a hasty meal. Our next
steps were clear: A check on the home
address the maid had given Mrs.
Herbert. A check on the recommenda-
tions. And an answer to the new
puzzler that slashed across_ this
mystery: Who was the maid? Corinne
Sykes or Evelyn Mercill?

We went to the home address first—
the address the maid had given Mrs.
Herbert as her home. It was in a not
very pretty part of the city, an area of
cheap rooming-houses, run-down old
brick homes, badly lighted, dim, brood-
ing with poverty, a weird neighborhood
in the night hours. A neighborhood

that smacked at us an angle as weird as
the area itself.

A tall woman, with sharp, inquisitive
eyes, answered my knock on the door.
We told her who we were and she led us
into the parlor, saying she was the
owner of the house. A blare of radios
filled the place, as though each roomer
were listening to his favorite program.
The landlady was affable, unafraid,
rather experienced, I thought, in talk-

ing with police. Again we noted the

newspaper with the Wodlinger head-
lines on the table.

What could she do for us, she asked.

Cops don’t waste words in areas of
this kind. You're sharp, direct, load
your questions with a threat. I opened
the album to the photo and ordered her
to take a good look. She picked up the
book, carried it to a lamp, studied it,
came back to the table, placed the book
on it and said, “She’s familiar.”

That was all.

“You know her, don't you?”

“She’s familiar. A lot of girls come
and go here. One day, two days.
Maybe a week, sometimes. She’s
familiar.”

“Js Evelyn Mercill a familiar name to
you?”

She smiled. “Why, certainly. Are
you looking for Evelyn?”

“Yes. Is she here?”

“Sure is, Mister. But Evelyn wasn’t
working for the Wodlingers. You can
be sure of that. I know.”

“Who said anything about the Wod-
lingers?”

Fe “Just assuming, that’s all. I’ll call
oC.

She walked out. We heard her at the
foot of the steps shouting, “Evelyn!
There’s some gentlemen here to see
you! Come down!”

She returned to the room and sat
down saying, “Bad case, that Wodlinger
killing.”

In a few minutes a slim girl in her
early twenties entered the room. She
stood in the middle of the parlor looking
at us. I studied her. She almost iden-
tically fit the description of Corinne
Sykes except for her hair, which was
bobbed, and the absence of a white mark
on her lower lip.

“You Evelyn Mercill?” I asked.

- “Yes, I am.” ‘

“What do you do for a living?”

“T’m a stenographer.” She mentioned
where she worked.

“How long have you worked there?”

“Two years. Why are you asking me
these questions?”

We told her who we were and she an-
swered, “If I seem nervous, please bear
in mind that I have never been inter-
viewed by detectives before. Is there
something I can do for you?”

Nice kid, I thought. Good stuff. I
told her about the confusion between

the names and identity of herself and
Corinne Sykes and I showed her the
photograph and suddenly her eyes lit
up and she exclaimed:

“Now I understand! Now I know
where it got to!” ,

“What are you talking about?”

“My social-security card! You say
she called herself by my name?”

“Yes.”

“Then she stole my card.” She turned
to the landlady and said, “This is the
girl who had the room next to mine two
weeks ago.” . .

The landlady looked again, and this
time she remembered.

“She was here for two days,” the
landlady said. “I remember now. A
man visited her once, the night before
she left. He said he was her husband.”

“She was always borrowing things,”
added Miss Mercill. “The day after she
left I missed my social-security card.
It had been in my handbag, and the first
night she was here I changed the
things from one handbag to another
and left some things on my dresser. I
must have left-my card, too. Well, this
is a real shock. She used my name!
Of all things! I must clear myself at
once.. Mr. Steinberg, would you like to
have me come along with you? I'll do
anything you ask.”

E ADMIRED her spunk. And I told

her we'd do everything we could

to protect her name and clear it, and

that she didn’t have to come along with

us just yet. The name had not yet ap-

peared in the newspapers. Then I

asked the landlady, “You said a man
visited her?”

“Yes. I don’t know his name, unless
it was Mr. Crane, for the girl called
herself Julia Crane, as I remember.”

“Any address for the girl?”

“Just Baltimore, that’s all.”

I believed her, and told her so.

The maid Mrs. Wodlinger had em-
ployed definitely was not the real Evelyn
Mercill. It was Corinne Sykes.

And so we left Miss Mercill, and
Corinne Sykes became the object of our
hunt. This Sykes girl slowly was tak-
ing on strange and fantastic character-
istics. Sly, clever, foxy, whimsical,
even weird. How weird, we were yet to
learn.

Just see what we smacked into next.

The people who had given “Evelyn
Mercill” such excellent recommenda-
tions lived in the Strawberry Mansion
District of North Philadelphia. It was
only fifteen blocks from Miss Mercill's
boarding-house. We drove there.

The address was a small candy and
cigar store owned by Morris Sobel. He
was behind the counter and I asked
him if he knew a family by the name of
Randolph living at his address, which
was a three-story building. The an-

Schoolmates turned out en
masse in Eau Claire, Wis., to
help find the mad slayer of the
two teen-agers. See Page |4

swer was another surprise in the se:
of them in this case.

“There is no family by that name
this neighborhood. I would know; I
been here for twenty years. And)
family occupies the entire house a
we've lived in it for twenty years.”

O’Mahoney walked into the one te
phone booth and motioned to me.
walked over to him.

“Look at this phone number. It’s |
one the gal gave on her recommen:

on.

“T’ll be damned!" I exclaimed, a
went to a checking of Randolphs
the telephone book. There wasn’t
Randolph living within five miles of t
area.

This girl, Sykes, had come up fi
with a social-security card not her o\
and now with fake and forged reco
mendations of two years’ steady e

-ployment with the Randolphs. Wha

gal!

And Mrs. Herbert said she had cal
this telephone number and had ve
fled the recommendations with M
Randolph. It was pretty clear. Corir
Sykes had planted someone at t
phone to give her the big buildup, fe
ing pretty sure she’d get a job.

Brother, what a character!

Well, it was late and we were ti)
and we got back into our car and «
cided to head for Headquarters. °
were mighty anxious to learn w!
Walsh had found out about Weing:
and Wodlinger, and how they check
We were just as anxious about |
finger-prints, for we had established
our satisfaction that Corinne Sykes v
the maid Mrs. Wodlinger had emplo}
—and we had her finger-prints
record.

We talked to Walsh. He had gc
over the movements of the two m
thoroughly. And they checked alm
to the minute, just as Wodlinger |
related.

And the finger-prints. We sat w
Summerscale as he talked with |
Identification Bureau in City Hall,
which the photographs of the pri
had been sent. This was the seco
time he was checking, just to make si
the first check was not mistaken.

“Are you positive?” he said into t
transmitter as he scowled. “Mé
sure.” He waited a moment, and th
said, “Is that final? Okay.” Then
pore up, waited a moment or two a
said:

“Steinberg, the finger-prints
found on the door of the maid’s room
the Wodlinger house are not those
Corinne Sykes.”

“But we’re positive she’s the da
we're after. They must be hers.”

“That’s what City Hall says, Sa
We found some of Wodlinger and M
Wodlinger, but none of Sykes.”

“What about the knife?”

“Not a print on the knife, eith
None at all.”

FELT for a moment as if I had be

punched. I didn’t mind so much ab«
the prints on the door, but I was «
pending on that knife, mighty cert:
that the killer, in the stupidity of le:
ing the knife behind, also had left so
incriminating finger-prints. But |
killer was not quite dumb enough.
gloved hand or hands used the knife
it had been wiped clean before bei
placed in the piano. Would the app:
ently cagey Sykes do that? Could :
have done it? And once again my fi
theory returned to .me—a man |
killed Mrs. Wodlinger.

“Listen, Steinberg, knock off for |
night,” Lieutenant Summerscale s¢
“Get a rest. First thing tomor:
morning we'll go down to the Identifi:
tion Bureau ourselves, and see Capt:
Engle of the Homicide Squad.”

At nine the next morning a group
us were in the Identification Bure:
Walsh, O’Mahoney, Summerscale, C:
tain William Engle, myself and fing
print expert Shull, who had the la
reproductions of the prints in his :


ie

paratus. We watched him tensely,
quietly. After a while the extremely
capable Shull turned to us with a serious
face.

“Captain Engle,” he said, “someone
has made a bad mistake.”

My heart leaped.

“What do you mean, Shull?”

“The prints on the door are defi-
nitely those of Corinne Sykes. Abso-
lutely.”

A cheer broke from me before I
realized it, and I patted Shull on the
back. There it was, without a trace of
doubt—Corinne Sykes had worked for
Mrs. Wodlinger! Sykes was the gal we
wanted. But where was she? We had
sent her description on a nationwide
teletype—just in case—the night be-
fore. But nothing had come in.

“Don’t worry about our mistake,”
Captain Engle said. “Just find the
killer.”

F VERY cop in the city had her descrip-

tion, and what is sometimes known
as a police dragnet had been put out.
The case had risen to a greater sensa-
tion than I had anticipated because a
fear had suddenly spread among the
housewives of the city, a fear of domes-
tics, and already various groups were
clamoring for greater supervision and
regulation of household employment
agencies, But -Corinne Sykes—no
doubt knowing she was being sought—
had vanished like something of a ghost
from the moment she had left the Wod-
linger home.

At 9:15 we again took up the hunt,
on this theory. In order to find Corinne
Sykes, or get some lead and trace of
her, we had to find some members of
her family. And that was a stickler,
for, after all, was Corinne Sykes her real
name? Or was it also a phony? Was
her family—if she had any—living in
Philadelphia?

Our records or her had only an old
address from which she had moved
long before.

The telephone book dug up a number
of Sykes families but none related to
Corinne.

With the city directory as a lead—a
directory that gives you the residents of
the city who have been established at a
certain address for a year or more, but
by streets and not alphabetically by
name—we hunted, hunted for, hours,
and then we came to a Sykes at 24th
Street and Montgomery Avenue.

A quiet. matronly woman in_ her.
fifties, Mrs. Helen Sykes, answered our
ring and led us into a comfortably
furnished home. She didn’t seem at all
surprised when we told her who we
were. In fact, she seemed to have been
expecting some such visit.

“Are you related to Corinne Sykes?”
I asked,

“Yes,” she answered with saddened
eyes, “I am her mother.”

“Have you seen her recently?”

ES. I saw her last night. It was the
first time I had seen her in weeks.
She came here at ten o’tlock and asked
me what I wanted to see her about and
when I told her I just was lonesome for
her, and was wondering how she felt,
she said she was all right. She had to
leave right away.”

“Did she tell you where she was
going?”

“No. She didn’t. I never know what
she does or where she goes, and now I
know you want to see her about the
Wodlinger murder. I’m sure she had
nothing to do with that.”

“We don’t think so, either, Mrs.
Sykes,” I said. “But we must find her
to ask her some questions. You under-
stand that?”

“I would be glad to help you all I
can,” the woman answered. “You must
believe me ... Oh, that girl of mine.
None of my ‘other daughters are like
her. But Corinne, she’s different. I’m
always worried about her. My other
daughters are good girls, but Corinne
is the kind you can’t hold in line. She
is so easily swayed by the wrong kind
of people, like a child, really. She’s not
bad at heart, just weak. She has been
a trial to me always.”

“Mrs. Sykes,” I said, “this is a serious
thing. If you know where she is, don’t
cover her up.”

“You go to see my other daughters.

48

They might know. You'll find one on
West Oxford Street, Helen, and the
other is Florence, Florence Sykes. She
works at the railroad station. You can
find her easily. And please let me know
what you find out.”

We found the daughter Helen as
pleasant as her mother, and as worried.
Had she seen Corinne? Yes, she had
seen the girl the night befote about
10:30. In fact, Corinne had stayed
with her sister until twelve, and she
seemed cheerful and gay, which was
unusual for Corinne, for, as Helen said,
she seemed always in a kind of melan-
choly state, like a person who is
hypnotized.

Where did she go at midnight?
“Corinne and I are not very close,”
Helen answered. “I never know where
she goes or what she does. She merely

said she was going to meet J. C.”

Those initials rang’a bell. It was
the first time I had heard them since
Fane Wodlinger had mentioned them
in telling us about the mysterious tele-
phone conversation she had listened
in on.

“Who is J. C.?” I asked.

“I don’t know him personally,” she
answered, “But he is well-known in
this district. His reputation is not very
good. He’s been mixed up in petty
crime from time to time. I don’t even
know his name.”

“Has Corinne known this character
very long?”

“I believe so. She often mentions him
and how good he is to her. I never
bothered about looking him up, for
what good would it do?”

“Where is Corinne now?”

46¢)F I knew I’d certainly tell you. Cor-
_inne stays at so many places. She
has rooms all over. I don’t know why
she does that, but she does. She’ll stay
at Mother’s for a few nights, then come
here, then go to my other sister’s, and
then to the other rooms she has around
the section. I never know. Try my
other sister, Florence. She tells Florence
most everything.”
We went to Florence, who looked

something like Corinne’s photograph’

except for the white mark on the lower
lip. She was a manicurist in the barber
shop in the railroad: station, and when
we quietly told her who we were she
said, ‘““Yes, Helen phoned me you were
coming, and what you wanted. I’ll help
you all I can.”

Mother and two daughters had the
same spirit, and I must admit it was
refreshing. Seldom had we found such
reaction. But the Sykes women were
confident that Corinne, although in
trouble previously, was not mixed up
in any serious way with the murder of
Mrs. Wodlinger.

ee asked us, “How can I help
you?”

“We want to find Corinne. Can you
come along with us?”

“Yes. I can arrange that. I wish

we could straighten out that girl.”
- In the car she said, “I’m afraid we'll
have to go on something of a tour. I'll
point out to you where Corinne has
rooms.”

We crossed the city again. Some-
how I felt that we were about to close
in and find at last the answers to the
questions that only Corinne Sykes
could give us.

E TOURED a decrepit part of the
city, a section that is slowly decay-
ing and blighted by the shabby, the con-
stantly unemployed, a section of petty
crime, full of cheap honky-tonks and
taprooms, where petty bootlegging still
malingers. Florence guided us through
many streets, and within an area of
ten blocks pointed out four houses in
which Corinne had roomed.
I asked her, “Do you know this mys-
terious J. C.?”
“That rat!” she answered vehe-

“mently. “Who doesn’t know him

around these parts? You go to the
Police station at Nineteenth and Oxford
Streets. "They know him. He has.a
strange influence over Corinne, and has
had for some time. He’s a cheap rack-
eteer who acts the big shot around here.

T’ll show you his place. It’s a little .

sandwich shop—just a front for his
bootlegging.”

We drove north on 23rd Street.

“Stop here,” commanded Florence.
“That little restaurant there, that’s his
place. He lives upstairs.” :

We drove on, not wanting to create
any suspicion. We hailed a cab a few
blocks away, paid the driver and sent
Florence Sykes back to her work. Then
we drove to the Nineteenth and Oxford
Streets police station.

And we found out about J.C.

H's initials were, indeed, J. C. He was

known simply as Jaycee Kelly and
he was a notorious little racketeer in
that district who had brushed with the
police on many occasions. But the mug
had influence, we found, mysterious in-
fluence that got him out of many jams.
The police contacts in that district
knew him and, what’s more important,
knew his current girl friend—Corinne
Sykes. We set them to watch on each
house Florence Sykes had pointed out
to us.

Late Friday night Jaycee had not
returned to his shop, nor had Corinne
entered any of the houses—not her
mother’s or her sister’s. Friday night
passed, Saturday morning, Saturday
afternoon. Then Saturday, six p. m.
We were covering Jaycee’s restaurant.
A patrol car came along; Patrolmen
Fouche and Vance were in it. They
drove over to us.

“Hop in,” invited Fouche.

“What's up?”

“We're gonna make the pinch.”

“Who?”

“Corinne Sykes. She’s on North
Twenty-Third Street.”

“Go to it!” I ordered excitedly.

It was only two blocks south. A
minute away.

We stopped before the house and got
out. Fouche and Vance led the way.
We knocked on the door; it was opened
by an amazed woman, and without
further word we mounted the steps to
the rear room on the third floor, and
there, sitting in a deep chair, looking
dreamily out the window, was Corinne
Sykes. Corinne with her hair braided
around the top of her head, the white
mark on her lower lip.

She didn't move, but looked with the
same dreamy expression at us. We
told her she was under arrest, and she
said all right and rose, put on her coat
and hat and walked down the steps
with > and into the car without saying
a word,

E TOOK her to the Nineteenth and
Oxford Streets police station, into
the captain’s office, and it didn’t seem
but a short while before the entire city
buzzed with the fact that she was
arrested. The top level police officials
converged on the station house and
_— there was quite a group around
er.
Not much progress was being made

‘with her, for she sat glumly and did not

speak. Then Inspector George Richard-
son, commander of.the city detective
force, ordered all persons except
O'Mahoney, Walsh and myself out of
the room. I was sure we could get her
to talk. I think that I had come to
understand the character of this
strange girl, this girl who exhibited no
fright, no confusion, nothing but a
level-eyed calmness.

I went over to her and sat down be-
side her. She seemed almost frail.

“Where have you been since you left
your job, Corinne?” I asked.

“I’ve been with Jaycee. We were in
Jersey last night and the night before.”

“Didn’t you like Mrs. Wodlinger,
Corinne?”

“Of course I liked her. She was a good
woman and she treated me fine, and
when I told her I was going to leave she
paid me and I left.”

“Do you like Jaycee very much?”

“Anything Jaycee tells me to do I do,
that’s how much.”

“Did Mrs. Wodlinger see you leave
the house?”

“Yes, she took me out to the car.
Jaycee’s car.”

“You mean Jaycee called for you at
Wodlinger’s?”

“Sure. He always calls for me every-
where.”

I stopped questioning her and I want
-to say this: I’m far from being trained

as a psychologist, but damn it, Iam one.

Being a-cop for a long time makes you
one. You get so you can look into
people’s brains, sometimes, especially
when you question them in a crime.
looked at her and thought about the im-
pression Fane Wodlinger had of this
peculiar girl, who stared at you with
big glossy eyes that you couldn’t see
into. Fane Wodlinger’s impression was
right. This kid seemed to be in a
dream-like state, a trance. It was
screwy. But what I really wanted to
say was this: She was lying. And I
knew it. . :

How could we get at the truth?

“Where is Jaycee now?” I asked.

“Oh, maybe home, I guess. I was sup-
posed to meet him later and go to a
party, I don’t know where.”

HAD a sudden impulse. How strong

was. this girl? Was her appearance °
deceptive? I felt her arms and I was
mighty surprised. They were lithe, yet
hard, firm, like steel bands covered with
muscular flesh.

Maybe, I thought, maybe.

“You know that Mrs. Wodlinger is
dead, don’t you, Corinne? That she was
murdered, stabbed to death with a
bread-knife?”

“Jaycee told me about it.”

“Didn’t you read it in the papers?”

“I can’t read. And I can't write. I
didn’t go to school.”

“You have a room above. Jaycee's
restaurant, haven't you Corinne?”

That was an offshoot question, as I
call them, to no particular purpose, but
it seemed to jolt her for a moment out
of her duH state, and for the first time
her eyes showed fear. She trembled a
little and if I'm not mistaken sucked in
her breath in a gasp. I had knifed into
her placidity without intending to do
so, and swiftly I shot at her:

“You murdered Mrs. Wodlinger. You
stole her rings. You stabbed her to
death and cut off her fingers to get her
rings. You chased her into the bath-
room and stabbed her in the back and
you killed her. We have your finger-
prints, and somebody saw you kill her!”

She sat back in her chair as if I had
slapped her and then suddenly she cried
a little and raised her voice for the first
time and exclaimed, “I only did what
Jaycee told me!”

I turned to Richardson and said
quietly, “We better get this mug, Jaycee,
before we go any further.”

“That’s right.”

“Did you notice hdw she reacted
when I mentioned her room?”

“Yes, I did.”

“There’s something in that room,
I’m sure. There’s a clue there. She
was afraid for a moment. We better
look into it.”

Walsh and I went to Jaycee’ 's
restaurant and spoke to a portly, jovial
man behind the counter who said he
was the manager. We asked if Jaycee
was home and he said no. We flashed
a badge in his face and his smile
vanished for a moment and then re-
turned.

“Anything I can do for you?” he
asked.

“Take us upstairs to Corinne Sykes’
room. Quick.

He moved from behind the counter,
led us upstairs to the second floor rear.
“That’s it,” he said

We went inside and ransacked the
place. We lifted up the rugs and ina
corner of the room, underneath the rug,
is found a small diamond ring, a girl’s
ring.

We dug into the closet and pulled out
some clothes bundled up ‘deep in the
corner on the floor. A dark skirt, yellow
blouse, nylon hose.

They were covered with blood.

We wrapped them up and went down-
Stairs.

“Where's Jaycee?” I asked the man-
ager again. “I want to know, under-
stand?”

“He won’t be home tonight. That’s a
fact. On Saturday nights he goes to.
his wife's place on West Diamond
Street.”

“Sure about that?”

“Mighty sure,” he answered with a
bland smile.

At six the next morning, after keep-
ing an all night vigil, we looked into.a -
room on the ground floor of the
Diamond Street address.


aren” ff

=

4 4 found ‘Murdered In Barn

es x i. Humpert, 70, Gardners R. 2, farmer, .was found

cor: iesMorbert 1

ee the entry of. his barn Wednesday evening about 4:45
Leotel
‘ “Coroner Dr: Cc. ie "Oriat. said following a post-mortem |

‘vam egg morning that death was due to an. intracranial |
5 hemorrhage caused by 17 wounds about the head.
‘sy? Murder, he added, was definitely indicated. The time of
death was tentatively set as Monday night.

“There was no money found on: the body of the bachelor
"who. Jived alone on: his farm about a half mile northwest of
+ Gardners on the Peach Glen road. He was reported to be
“a: on about $30,000,” -

: Autopsy Performed Today
State Policemen from the local sub-station and Harrisburg, |
> District Attorney J. Francis Yake, Jr., and Coroner Crist.
: “were conducting the investigation. Heading the police detail
t cp were Sgt. W. K. Duhrkoff, Cpl. Lodwick Jenkins of the local!
s@ubeatation and Detective R. O. Parsons of Harrisburg.
ed. “i Shemists from the Harrisburg state police headquarters |

i
at
OR

ieee due to arrive Thursday afternoon to assist in the search |

“for the person or persons who may have been responsible for |
“de ‘death. —

“Boetor. Crist and Dr. C. Harold Johnson, performing the
< qutopsy at the Routsong funeral home.in Bendersv
eda morning, found a depressed .fracure of the skull,

17 |

Ay ‘ounds in the scalp, four of which were so deep and wide that | |

e skull could be seen through them.
See Indications Of Fight
Cie “Both of his eyes were “blackened,” there was a deep cut’

v

left side of his face. near the ear. His left ear'

rn and ‘his upper lip was torn in two places, one on!

of the jaw. The left lip.ckt was nearly an inch ace

ras the bridge of his nose and the left side of his face was
and blue.

h: hands were -eut, which Doctor Crist said may indi-

ba i attomot to reo sgh ote ible death Doc
<n arr at natruc Ossi e dea scene, ~
2 ta ible that ‘um rt had been defeated

Re ht Psy en beaten over the head with a blunt
Sapam No such, eeeuanert hed been found up to noon

Ge Taso fo ine
‘eae the cont ho of showt three feet above the ground

* lrdlind “betweeji the’ entry atid.the
ae ‘where. the body ‘was lying.
ie ;. an Gettysburg Monday
y said she saw Hum-
arrive at his home ina car
eo éyening about 4 o’clork.

Ske “said - she did, not, re Hunper
owned the. ear, nor ay
had been. “

Diétric t Attorney Yake said hate.
day, possibly the man was.returning

*s

a who Humpert and his sister

eS *"Efumpert was a son of the late
gamite and Susanna (Erb) Hum-
“pert, Iate of Adams county, and
was a farmer al! of his life.
' - “There ‘appeared to be no motive
‘tor the apparent murder, according
“ta information obtained up to noon

: had ‘been to the district attorney’s
offiee sometime Monday, but when!

3 5

hy
; Jy,

ille Thurs- ,

the. borough coun

atid jon two burlap bags that were}.

at that time from Yake’s office, He |-

NO ACTION YET
IN POLICE FORCE

With six applications. “unofficially”
on file, examination..of candidates
for members of the borough police
| department will not be made until
after a formal, written request is re-
ceived from the borough council,
| the new Civil Service commission
said Thurs., following a meeting held
Wednesday night at the home of '
Harry J. Troxell, one of its members.

The commission met Wednesday |
night to re-organize, and chose Dr.
Walter S. Mountain as chairman; |
H. J. Troxell vice chairman and N.
B. Schnurman as paaretary - treas-
| urer.

The next meeting of the borough |
j council is scheduled for April 7. Dr.
; Mountain said Thurs. that under the
| State law, appointment of policemen
| here would be limited to applicants
who have been residents of the bor-
ough for at least one year, Of the |
; spplicants seeking the job “three or
| four” are not residents of the bor-
‘ough, Dr. Mountain said, and there- |:
‘ fore will not be eligible for appoint-
;.ment,

Two Posts to be Filled

“The law provides that the posi-
| tions must be filled by persons who
‘are residents of Gettysburg for at
least one year,’ Dr. Mountain said,

(sander the right eye and a half-inch circle of flesh had been \: ‘unless there are no available ‘local’
a out of the

oS aoe
‘nd. thé flesh had pulled back on each side..There was a cu

AS

candidates.”

He said that the ctyil cimtion com-
; mission had been teld of the va-
cancies in the: police department
' “unofficially,” but .that written re-
quest from, the borough council for
an eligible list would be necessary
before action ‘coutd ‘legally to taken.

A meeting of the'cormmission will
| be held as soon as possible after this
| written notice is received, he said.

Dr. Mountain:-and Mr.. Troxell,
whose terms had exptred, were re-
appointed #f a special meeting of
March 18. Mr.
Schnurmah, ince: patdrover: member.
‘of the commission. 7. -

Vacancies in “Pollor: depart
ment to be nulediert thésecotiasioned |
by the resignatiohs’ of ‘O*.Wiliam
Zhea and Clark W.-Btaley. The lat-
| ter’s becomes: effective April 1.

=\LIPPY LEASES
ANCIENT CABIN

The cabin in which James Buch- |;
anan, 15th president of the United:

he found that the attorney was busy | States, was born at Stoney Batter,
“aMairedavy nniese rahherv mav have! on another case out of the office. had inCere Gap, near Mercersburg, Pa.,; hour, Mrs. Elmer

s ON2 VACANCIES

a

rertl, RY (947 THE GETTYSBURG (

‘Former Co
Killed %

‘Dr. George 8 “¥
Delaware county
dentally Baturds

cleaning. a pista}
killed. He was a:
‘George B. -Huiic
of New Oxford...”

Besides... his - p
vived by his wif
| mer resident of.
brother, Fred Hp
a graduate of ]
| and Hahneman:
, Class of "43, He se
| IT as a captaim f
| Corps. He servek
i seas and was in ¢
| Medical hospital
ceived his dischp
| Punerai service
day in Aldan,: W
ices in the New
| where burial tool

MAY SE
TO HEL
JAP RE

A project to- se
Grated foods to .
who were:desorik
‘to overcome. the
gion of Japan” ¥
ithe various circle
| gelical Raf

That decision.
day, March mG, ®
Women’s Guild ¢
at the Evangelice

the president, pr
During a busty
nancial budget.”
ports were heard
several committec
|$15 to the Red \
the YWCA were
Dr. John Aber!
itus of the |,
} Theoligicgt :
troduced by, Miss
charge 6f a» brit!
and Patritis ‘St
of India,” by Rt
‘companied by M
A motion pictw
i of India,” was §
| Howard 8. Pos, &
a question and ¢
| ducted by Doctd
‘spent a number
as a missionary
senen The pictu
the work of
| te  preaby tetalll

'yitory.
Tea was served

at 7:30 o'clock, M


»,

The authorities, learning that the girl had been seen enterin

suspected an elopement. (Right) Sheriff Joseph R. Boyd

Her mother handed her the list of
articles to be purchased. The girl would
have to stop at Offut’s Department
Store, Brown-Hamilton’s Shoe Store, and
the National Meat Market. All of these
were on Washington Street.

Kissing her mother, she walked down
the front steps and moved west along
Moody, to the Highland Avenue car
line, three blocks away. As she passed
from view, her mother walked into the
house, glancing at the mantel clock in
the living-room. It was 10:50.

At six that evening, Frank Lennox
entered the office of Police Chief Jed
Elder and nervously reported that. his
daughter had been missing since eleven
that morning.

The officer listened closely as the wor-
ried father related his efforts to locate
the girl. :

“My wife and I thought she might
have gone to the home df some friend
of ours and forgotten to let us know,”
Lennox explained. “She has never done
anything like that before, but it was all
we could imagine.” During the after-
noon, he had telephoned or visited every
person he or his wife thought might
know. of the girl’s whereabouts, but to
no avail. ‘% ;

Lennox. had also gone to the three
stores. at which Clara should have
stopped. Although several clerks in each
establishment knew the girl, they had
not seen her that day. *s.

Clara’s ‘usual route downtown, her
father .said, was along Moody to the
Highland Avenue trolley line, where she
generally boarded a street car. Often,
though, she walked to Washington

Street, since it was only twelve’ blocks

down Highland Avenue.

Chief Elder secured the girl’s descrip-
tion and passed it to the desk sergeant
for relay to.patrolmen. Policewoman
Rae Muirhead, departing on her usual
routine check of Cascade Park and other

amusement centers, was instructed to

watch for the missing girl. -

The’ Chief consoled Lennox with as-
surances that: Clara would soon be lo-
cated; that she was probably safe with

‘friends. But by nine o’clock, Elder real-

ized that. her absence was undoubtedly
14

due to something far more serious than
thoughtlessness. No patrolman had re-
ported any news of the girl, and Police-
woman Muirhead had’ returned, after a
futile search of the parks. No one could
be found who had seen Clara anywhere.

Chief Elder ordered a complete check-
up of all street car motormen and con-
ductors on the Highland Avenue line.
Other officers questioned clerks in the
three downtown stores.

Elder’s suggestion of a possible elope-
ment was scorned by the girl’s father
and mother. Clara, they averred, had
never displayed interest in any boy or
boys, and never associated with any ex-
cept those in school and church circles,

WEEN street car and store employees
stated that they were certain that
they had not seen the girl, the tall, keen-
faced Chief concluded that Clara had
never gone downtown. It seemed in-
credible that the girl could have been
abducted in broad daylight from either
Moody or Highland Avenues, yet, ap-
parently, that was what had happened.
Chief Elder notified the Lawrence
County Sheriff and County Detective
M. J. Young, who was attached to the
District Attorney’s office. Young had
resigned as Chief of New Castle Police
to assume the county position.

Early the next morning the search was
widened extensively when burly Sheriff
Joseph R. Boyd began telephoning all
police departments within a hundred
miles of New Castle.

Detective Young, Chief Elder and city
officers, began tracing the girl, block by
block, from her home to Highland Ave-
nue. They were baffled when they found
no one in the three long blocks, who re-
called seeing her pass the morning be-
fore.

Around noon, Young questioned two
small boys, near Highland and .Wallace
Avenues, three blocks south of Moody.
One of the lads, Alfred Reed, stated that
he had seen Clara the morning before,
either riding in an automobile or enter-
ing one. He was uncertain which. The
car was a big one, he’ said—larger than
a Ford.

Reed and his chum had been playing

BaP ata ATE ssae sp ge - seme sc oo tee

g a car on Highland Avenue (left above), at first
participated in the hunt for the girl’s attacker

on Highland Avenue when he noticed
the girl. He had forgotten the incident
until news of her disappearance became
ora The other lad had not seen
er.

Young concluded that Clara would
enter a car only if she knew the driver.
Therefore, a friend or acquaintance of
the Lennox family must hold the secret
to her disappearance.

The Detective’s theory coincided with
the earlier belief of Chief Elder. It
would be a herculean task to check
Frank Lennox’ friends and acquain-
tances, but Young and Elder prepared
to start the job.

Meanwhile, scores of men thronged
the Sheriff’s office and Police Headquar-
ters, offering aid in the search. Sheriff
Boyd selected and deputized 200 of
them, formed them into posses and
started them, circle-wise, from New
Castle, with orders to search every
imaginable place for the missing girl.

“Look where you think she might be,”
he instructed them, “then look where
you think she can’t possibly be.”

As the second day of the girl’s disap-
pearance passed, no motive nor even a

plausible reason for her absence could be .

found. eae
At about four p. m., ‘Office Deputy
Muryl R. Boyd, son of the Sheriff, an-

swered his telephone for possibly the —

hundredth time that day.’ It was the
desk sergeant. at Police Headquarters,
relaying the report of “a drunk en-
tangled in a ‘briar patch”: along the
King’s Chapel-Harbor Bridge Road, a
narrow dirt lane five miles from New

Castle, running west from the Pulaski |

Road. i

“A farmer named Frank Heckathorne
telephoned,” the sergeant explained. “He
says he'll wait along the road and show
you the patch. The drunk seems in bad
shape.” ;

“T’m alone here,” Deputy Boyd said.
“Can’t you send out some one from
Headquarters?” ;

“There’s nobody here, either,” the
sergeant replied and terminated the con-
versation.

Boyd rarely left the office, but, unable
at the moment to locate another officer,

TRUE DETECTIVE MYSTERIES

ws oube
hrank |
thon drow
him, Ba:
akin fe
To re:
try chin
Ton Ros
fork, tywe
MWwo mil
Chapel. °
row Brid
vards atl
watehing
They -
tall man
ear ane
Heekathe
ning-bont
the lane }
“In th
thorne xz
lett of th
and stop)
through
slope to +
Boyd sa
ears ana «
that near!
the middl:
“How «
there, ar
amazemen
“Tt isn’t
lated. “It'-
At thes: |
hix way 1)
Bannon ar
Boyd rc
looked at
Over his s!
it's the Le
The ply
dropped t.
touched th:

SEPTEMBER, 1%):


at first
ttacker

hen he noticed
en the incident
earance became
had not seen

t Clara would
new the driver.
‘equaintance of
hold the secret

coincided with
lief Elder. It
task to check
and acquain-
‘lider prepared

men thronged
lice Headquar-
earch. Sheriff
itized 200 of
) posses and
from New
search every
missing girl.
she might be,”
1 look where
ly be.”
1e gitl’s disap-
ve nor even a
sence could be

Office Deputy
he Sheriff, an-
possibly the

It was the
Headquarters,
“a drunk en-
‘h” along the
ridge Road, a
les from New
n the Pulaski

< Heckathorne
-xplained. “He
‘oad and show
< seems in bad

ity Boyd said.
ine one from

either,” the
nated the con-

‘e, but, unable
nother officer,

LIVE MYSTERIES

he prepared to handle the call. As he
was about to depart, County Physician
Frank Eakin and Constable Walter Ban-
non drove in. They agreed to accompany
him, Bannon entering Boyd’s car. Dr.
Eakin followed in ‘his own car.

To reach King’s Chapel, a small coun-
try church, the cars sped out Wilming-
ton Road and swung to the left at a
fork, two miles from the city. Another
two miles brought. them to King’s
Chapel. There they turned into the nar-
row Bridge Road and, atop a knoll 500
yards ahead, they saw four persons
watching their approach.

They. stopped near the group, and a’

tall man in overalls stepped to Boyd’s
car and identified himself as Frank
Heckathorne. He hopped on to the run-
ning-board and the cars moved down
the lane for about 300 yards.

“In that patch of briars,” Hecka-
thorne said, pointing to a clump at the
left of the road. The cars swung left
and stopped in a faint trail that led
through dense thicket and down the
slope to the abandoned Greer farm.

Boyd and the others stepped from the
cars and contemplated the ragged bushes
that nearly concealed a white form in

the middle of the tangled patch.

“How did a drunk man ever get in
there, anyway?” Boyd asked with
amazement.

“It isn’t a man!” Heckathorne ejacu-
lated, “It’s a woman!”

At these words, Boyd began weaving
his way through the briars. Constable
Bannon and Dr. Eakin pushed after him.

Boyd reached the center of the patch,
looked at the still form and stiffened.
Over his shoulder, he said, tensely, “Doe,
it’s the Lennox girl.”

The physician shoved past him and
dropped to his knees. As his fingers
touched the girl’s wrist, groping for her

Farmer Frank Heckathorne, pictured below at his plow,
ing. (Right) District Attorney Muse,

SEPTEMBER, 1930

pulse, her left arm moved feebly.
ers, Sheriff Boyd thanked them and sent

“Don’t,” she moaned.

She lay, face up, on a mat of flattened
briars. Obviously, she had been brutally
beaten.

“We’ve got to get: her to the hospital,”

Eakin announced, rising. Bannon se-
cured a robe from Boyd’s car and folded...
it about the pitiful figure. Boyd and.
the ‘doctor rushed her to the Shenango |

Valley Hospital, where, after a hurried
examination, Doctors H. E. Boyles and
E. G. Zerner performed an emergency
operation.

Bannon, meanwhile, sent word to
Police Headquarters, and Chief Elder,
with his subordinate, Lieutenant Peter
Hillers, headed the race to the scene of
the discovery. Lieutenant Hillers shortly
was directing a score of officers in an
inch-by-inch search of the thicket, while
Elder, Sheriff Boyd and Young were
questioning Heckathorne and his com-
panions. The officers were amazed to
learn that none of the four knew that
Clara was missing. '

Heckathorne and the others—Alf and
Lew Black and the latter’s wife, May—
had left their homes in Coaltown, a vil-
lage along the Volant Road five miles
east of King’s Chapel, early that morn-
ing, with the intention of spending the
day picking berries. They had traveled
in Heckathorne’s Overland sedan, which
was now parked about 500 yards farther
west along Bridge Road.

Heckathorne had become separated
from the others, and had stumbled on
the girl by chance. A moan had first
drawn his attention. He had not en-
tered the patch, but had called to the
others of his party. They had agreed
with him that the police should. be noti-
fied immediately. He claimed he had
reported finding a woman. The message
was possibly garbled in transmission.

After questioning the four berry-pick-

them home, free’ from any ...suspicion
whatsoever. et ae

Lieutenant Hillers and his men found
nothing except the girl’s hat and glasses.
Within the hat was her dress, a thin
white undershirt, her shoes; and one
sock. Under the clothing was her purse,
containing the shopping list and four
pennies, ~ 4a

The left lens of her glasses ‘was

smashed, but the glass fragments could .

not be found in the patch. 5

An area of oil-stained earth, near by,
attracted the officers’ attention. ‘The
oil, if it had dripped from the abductor’s
car, indicated that the machine had
been parked for a lengthy period.

The earth was covered with a luxur-
iant growth of grass, which rendered fu-
tile all efforts to find tire marks. But
a car must be involved, police argued,
as it was the most logical means of
transporting the girl to the thicket.

It_was the collective belief that young
Reed had seen Clara entering a machine;
that it was driven by some one she knew
and that a friend or acquaintance of the
family was the wanted criminal.

* *&*

I had been absent on a business trip
when Clara Belle disappeared, returning
to my office in the Union Trust Build-
ing in New Castle on the evening of
July 15th. Young, with the assistance
of Sheriff Boyd and Chief Elder, imme-
diately gave me the details of the case.
All three were inclined to believe that
the girl had been criminally assaulted,
and that her attacker had clubbed her
to silence forever any accusations she
might make.

I called the hospital and talked with
Dr. Boyles (Continued on page 83)

discovered the unconscious girl while he was berry pick-

the co-author, took an active part in the prosecution of the perpetrator

15

RIESE Seat,


PENNSYLVANIA'S

Ly, /

_° By Former
District Attorney
GEORGE W. MUSE
Lawrence County,
Pennsylvania
As told to
PAUL T. KIFER

AND THE VOICE
FROM THE GRAVE

T No. 514 Moody Avenue—a short,
drowsy, residential thoroughfare,
overlooking downtown New
Castle, Pennsylvania—lived the

Lennox family, hard-working and quiet-
living folks. Frank, the high school
building superintendent, concealed his
concern over his wife’s failing health
and watched proudly as Clara Belle
mature for her fourteen years, lifted
household burdens from her mother’s
shoulders and kept watchful eyes on the
activities of a younger brother and sis-

ter. Herbert, twenty-one and eldest,

was attending college and seldom came
home.

Despite poor eyesight, which necessi-
tated her wearing glasses, Clara Belle

was an excellent and popular student, a
faithful attendant at church and Sunday

school, and had never caused her par-, ,

‘ents a moment’s worry.

In the summer of 1921, as the scorch-
ing heat sapped her mother’s frail
strength, Clara Belle assumed the added
‘duties of shopping for the little family.
It became her almost daily custom, after
the morning’s housework was finished,
to go to various stores on Washington

Street, the downtown business section. :

Always, she returned in time to prepare
lunch for her father.

On July 14th, Clara, was dressed for
her usual shopping trip. She wore her
new blue dress, tan oxfords, tan ankle
socks, and a soft white straw hat.

TRUE DETECTIVE MYSTERIES

RYHALL, Thomas Vernon, white, elec.-Pa. SP (Lawrence Co.), 10/30/1922


Oe

ient, a
unday
r par-

corch-

frail
added
unily,
, after
‘ished,
ngton

‘tion.
repare

od for

re her
ankle

rERLES

ee

SEPTEMBER,

1939

Seieeinceeaeeeetee

Sa Te ec tamiceapn a

es

as

Pein ee cet

oo

40) COMMONWEALTH v. RYHAL, Appéllant.
Syllabus. [274 Pa.

Criminal law—Murder—I ndictment—Date alleged in indictment.

3. It is not necessary, except where time enters into the nature
of an offense, to prove the exact time alleged in the indictment.
Any other time may be shown on the trial if it is prior to the find-
ing of the indictment, and within the period prescribed by the
statute of limitations.

Criminal law—Murder—Stenographic notes taken at preliminary
hearing—Competency of stenographer—Ground of objection—A p-
peal.

4. Where testimony is reduced to writing by a stenographer who
took the stenographic notes, the person who took the notes may read
from them or from the transcript, providing he testifies they were
correct.

5. It cannot be alleged on appeal that stenographic notes were
improperly received in evidence because the competency of the ste-
nographer was not shown, where no objection was made at the trial,
to the admission of the notes on the ground that the stenographer
was not competent.

Criminal law—Murder—Evidence—Best evidence—T estimony of
deceased at preliminary hearing—Cross-examination—Change of
charge from assault to murder.

6. Where an accused is under arrest on the charge of assault
with intent to kill, at the time of the preliminary examination, the
fact that it was afterwards changed to an indictment for murder,
after the death of the victim, does not prevent admission of testi-
mony taken at the preliminary hearing.

". The testimony of a witness, deceased at the time of trial,
which had been given against the accused at a preliminary hearing,
is admissible, where the accused has had an opportunity to sub-
ject the witness to cross-examination, provided he was present as
the party charged with the offense which was being investigated, and
the offense there charged and the one being tried are substantially
the same.

8. In Pennsylvania, the rule is clearly established that in a mur-
der trial evidence is admissible of the testimony of a deceased wit-
ness taken before a committing magistrate at a preliminary hear-
ing in the presence of the accused and his counsel, the witness
having been cross-examined by counsel for accused.

9, If it appears that the committing magistrate refused permis-
sion to cross-examine as to the identity of the accused, the latter
cannot complain of this at the trial, if, on a proceeding for a
change of venue, and on the trial, he admitted his identity.

10. Nor can he complain that he was not permitted to cross-
examine the deceased as to statements made by her to a police

COMMONWEALTH v. RYHAL, Appellant. 403
1922.] Syllabus—Arguments.

matron, if it appeared deceased denied she had had any conver-
sation with the matron.

11. In such case the accused could at the trial call the police
matron, or otherwise contradict the testimony of deceased.

Argued April 18, 1922. Appeal, No. 49, Oct. T., 1922
by defendant, from judgment of O. & T. Lawnaies Co.,
Dec. T., 1921, No. 1, on verdict of guilty of murder of tie
first degree, in case of Commonwealth v. Thomas Ver-
non Ryhal. Before MoscHziskrr, C. J., FRAZER, WALL-

ING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ. Af-
firmed. )

Indictment for murder. Before Emery, P. J.
aoe opinion of the Supreme Court states the facts.
Verdict of guilty of murder of the first degree on

which judgment of sentence was passed. Defendant ap-
pealed.

Errors assigned were various rulings and instructions

sufficiently appearing by the opinion of the Supreme
Court, quoting record.

O. H. Akens, with him Clyde Gibson, for appellant.—
There is no presumption that a stenographer in a law
office is qualified or competent to make a full and correct
report of the testimony of a witness in shorthand: Com
v. Bone, 64 Pa. Superior Ct. 44; Com

. om. v. Keck
Pa. 639. ha
The accused was not accorded the privilege of meet-
ing the witness “face to face” as he was not permitted to
cross-examine deceased: Com. v. Cleary, 148 Pa. 26;
Com. v. Lenousky, 206 Pa. 277. .
The testimony was not given on the crime charged in

the indictment on which defendant was being tried:
Snyder v. Com., 85 Pa. 519. 7

William Ei. Porter, with him R. L. Hildebrand, Dis-
trict Attorney, and George W. Jfuse, former District


406 COMMONWEALTH uv. RYHAL, Appelfant.
Opinion of the Court. [274 Pa.

is not apparent in the testimony; no endeavor was made
to get it on arrival there. Leaving New Castle, accom-
panied by his wife, he drove out to the woods where he
had left the girl, not telling his wife anything about
what had occurred, purposing, as he testified, to pretend
he had discovered the body and to take it to New Castle.
This plan he abandoned, however, and concluded to give
the impression that the girl had been ravished. He got
out of the car in the near vicinity of the spot where the
girl was lying, leaving his wife in the lane; she had not
seen and did not see the girl. He entered the bushes
where the latter was lying, pulled most of the clothing
from her body, tearing some of her undergarments into
shreds, and went back to the car. He then drove his
wife to his uncle’s house, hid the policeman’s mace in a
manure pile, destroyed the whiskey and washed away the
blood of the girl’s wound which had gotten on the
running board of the car. His wife was not called as a
witness in his behalf.

The following day, berry pickers in the neighborhood
of the bushes where the girl had been laid heard moans
and she was discovered. There were serious wounds
about her head, five in number, from one of which, a
fracture of the skull, she died on the following 27th of
November. Medical testimony established that her
death was due to the injuries she received at the time of
the assault on July 14th.

The defendant read of the finding of the girl in the
newspapers, and of the excitement created thereby;
when officers visited his uncle’s house, where he was stay-
ing, he fled, hid himself in a swamp for three days, then
in the barn for a day and a night, returned to the house
in the night time, hid between a feather bed and a mat-
tress and was there found and arrested, information hay-
ing been made against him charging him with rape, at-
tempted rape and felonious assault.

The girl recovered sufficiently to testify against him at
a preliminary hearing, in which she told the facts of his

qua Bae oe
jhe BS Gen

COMMONWESLTH y. RYHAL, Appellant. 407
1922.] Opinion of the Court.

taking her on the automobile ride and the circumstances
up until the time she became unconscious. As a result
of her testimony, he was bound over on the charges
against him, other than rape, of which there was no
medical proof. The story of the defendant on the stand
and that told by his victim at the preliminary hearing
agreed in substantially all respects until the time she
said she became unconscious, and he said he got in the
car to start it and she was injured by its sudden starting.

Another young girl called as a witness by the Commou-
wealth testified the defendant had invited her to take a
ride earlier on the same day, that he had taken her to
the same neighborhood, where she had refused to remain
with him and that he had driven her back to town, reach-
ing there sometime before 11 o’clock.

The defendant brings this appeal to us, alleging that
the court erred in the following respects: (1) in admit-
ting in evidence the stenographic notes of the testimony
given by Clara Belle Lennox, the dead girl, on the hear-
ing before the committing magistrate, because (a) the
stenographer who took it was not competent, (b) that he
was not permitted to fully cross-examine deceased ; (2)
in its refusal of his motion to be discharged at the close
of the Commonwealth's case; (3) in its refusal of bind-
ing instructions in his behalf; (4) in its answer to the
request of the district attorney for instructions to the
jury on the question as to whether the abandonment of
the deceased was sufficient to warrant a finding against
him; (5) in the answer to his ninth point as to the
effect on the question of his guilt of the abandonment of
the deceased and leaving her to die after her injuries.

The district attorney at the conclusion of the general
charge orally requested that the jury be instructed
the defendant could be convicted if they believed the
girl’s death was caused by his abandonment of her; the
court replied he would take care of that phase of the case
when he came to pass upon the points submitted by the
defendant covering it; the district attorney thereupon


400 MULLIGAN’S ESTATE,

Opinion of the Court. [274 Pa.
who signed it on behalf of the Virginia Lumber and Ex-
tract Company. The organization of this latter company
was subsequently completed and the entire capital stock
issued to deceased as consideration for the timber land
and by him subsequently placed in a voting trust. The
company began business and after operating slightly
over a year ceased operations with a net profit of $16,-
262.84. All property owned by the company was later
sold but nothing paid to claimant under the lease out
of the sum realized from the sale. Demand was made
on deceased to deliver the stock to the trustee and, after
the death of the former, demand was made on his execu-
tors for an accounting of nine-sixteenths of the net earn-
ings and for damages for loss caused by failure of the
company to carry out the contract guaranteed by de-
ceased.

While the agreement provides for the appropriation of
nine-sixteenths of the profits to the payment of the sum
due the O. D. McHenry Lumber Company, this require-
ment is followed by the further provision,—‘in order to
carry out this agreement,’—for the placing of an equal
portion of the capital stock in trust “until dividends
shall or may be declared on the stock held by the trus-
tees” amounting to the sum named. No dividends were
ever, in fact, declared. Whether the failure to declare
dividends out of the profits made during the one year or
more of the company’s existence as a going concern was
justified by its general financial condition, or whether
the board of directors of the Virginia Lumber and Ex-
tract Company, of which deceased was a member, acted
in good faith in failing to declare a dividend, or whether
the subsequent failure of the company was due to fraud
or gross mismanagement for which it was alleged de-
ceased was responsible by virtue of his control of the
company through the voting trust, are questions involv-
ing the internal management of a foreign corporation.
Iven if we assume, by reason of the fact that the pro-
ceeding is not against the corporation itself but against

PaO Kms eaic a

MULLIGAN’S ESTATE. b

1922.] Opinion of the Court.
the estate of one who guaranteed its undertakings, and
the rule which holds our courts will not assume juris-
diction to examine into the internal management of a
foreign corporation (Thompson vy. Southern Connells-
ville Coke Co., 269 Pa. 500) does not apply, the fact
remains that the question whether there was mismanage-
ment of the business for which deceased was responsible |
cannot be considered without a review of the entire
management of thecompany. Under these circumstances,
the orphans’ court properly refused to assume jurisdic-
tion and left claimant to pursue his remedy in a proper
court: Fulton’s Est., 200 Pa. 545; Miller v. Fulton, 206
Pa. 595.

The decree of the court below is affirmed and it is di-
rected that distribution of the estate be suspended until
appellant’s claim can be settled in a proper court, pro-
vided appellant shall proceed without unnecessary delay
and prosecute the proceeding with due diligence. The
costs of this appeal to be paid by appellant.

Commonwealth v. Ryhal, Appellant.

Criminal law—Murder — Trial — Charge —Issue raised by ac-
cused—A ction of district attorney—Evidence.

1. On a murder trial, where, at the end of the general charge,
the district attorney requests the court to charge on an issue put
in the case by defendant himself in certain points for charge, not
referred to in the general charge, and not involved in the theory on
which the case was tried, and the judge states that he will take care
of that phase of the case when he answers defendant’s points, where-
upon the request is withdrawn, and the judge affirms the points with
a proper explanation, neither the action of the district attorney nor
that of the court, can be alleged as ground for reversal.

2. A defendant in a murder case cannot ask for his discharge at
the end of the Commonwealth’s case, where the testimony estab-
lished that he had taken the deceased, a young girl, to a lonely spot
where she was found practically nude and mortally injured, that he
was the last person with her, and that no one else was there, that
he had with him a policeman’s mace which could have caused the
injuries, and which he hid, and that he had fled and hid himself.

VOL. CCLXXIV—26

*226T~OE“OT (SouezmeT) erueATAsuueg paqnoozzoete *og feqtyum SuouZeA semOUL *TTYHIU

%


. *
404 SOMMONWEALTH v. RYHAL, Appellant.
Arguments—Opinion of the Court. [274 Pa.

Attorney, for Commonwealth—Testimony given in a
former proceeding is admissible in a subsequent pro-
ceeding if the witness is dead: Chess v. Chess, 17 8. & R.
409; Moore v. Pearson, 6 W. & S. 51; Jones v. Wood, 16
Pa. 25; Evans v. Reed, 78 Pa. 415; Fearn vy. Ferry Co., |
143 Pa. 122; Kyper v. Sheaffer, 42 Pa. Superior Ct. 277;
Com. v. Keck, 148 Pa. 639; Com. vy. Cleary, 148 Pa. 26;
McLain v. Com., 99 Pa. 86; Brown v. Com., 73 Pa. 321.

No error was committed by the court in overruling
motion of counsel to discharge defendant when the Com-
monwealth rested: Com. v. Major, 198 Pa. 291; Com.
vy. Tassone, 246 Pa. 543.

OPINION BY Mr. JUSTICE SCHAFFER, May 25, 1922:

Appellant was convicted of murder of the first degree
for causing the death of Clara Belle Lennox.

The salient facts in the case are these: The dead girl,
fourteen years of age, living with her parents in the City
of New Castle, left her home about 11 o’clock on the
morning of July 14, 1921, for the purpose of doing some
shopping. The defendant, a married man, who had no
personal acquaintance with her, accosted her on the
street, gained her confidence by talking about her father,
whom he claimed to know, and invited her to ride in his
automobile, saying he would take her to the business
section of thecity. She got into the automobile and after
driving a short distance in the direction he told her he
would take, defendant changed his course, drove out into
the country some four or five miles, turned into a lane
but little traveled, proceeded along it to a woods, where
he alighted from the car under the pretence of giv-
ing some berries which he had in the ear, to a
sister, and asked the girl to accompany him; she de-
clined to do so. He took a policeman’s mace from the
car and left her for at least fifteen minutes. It turned
out on the trial he did not have a sister in the vicinity.
The girl remained in the lane while he was gone; on his
return, they got into the automobile, and after driv-

COMMONWEALTH v. RYHAL, Appellant. a)
1922. ] Opinion of the Court.

_ ing a short distance along the lane, he stopped, and

told her the rear wheels had locked. They both got
out of the car and at his suggestion began to work about
the rear wheels, he showing her how to pry between the
spokes with the policeman’s mace to unlock the brakes.
After she had endeavored to do this for some little time,
she took the mace out of the wheel, laid it down in the
road, stepped back of the automobile and was standing
looking at the defendant, who she testified had been eye-
ing her in a peculiar way, when she lost consciousness
and had no memory of anything thereafter for several
weeks. She said he had not gotten into the car, up to the:
time she became unconscious.

The accused testified he went to the lane for the pur-
pose of getting some whiskey he had buried in the woods
alongside of it, and to divert suspicion from himself in
obtaining it, had taken the girl with him; that. when the
Wheels locked, and after showing her how to aid in
prying the brakes loose with the policeman’s mace, he
got into the car and started it, the brake pressure having
been somewhat released; that when the car started, it
leaped ahead and then stopped; that he caught a glimpse
of the girl, who had been thrown forward, jumped out of
the car and found her lying partly under it, lifted her
up, discovered blood running over her face and that she
was unconscious. He described his endeavors to revive
her, which he said were of no ayail. Thinking she was
dead and of the predicament he would be in, in view of
his past record, with the supposedly dead girl and a ear
full of whiskey, he became panicked. picked her up,
carried her into some bushes on the side of the lane and
left her there. Coming back to the car, he found what
had prevented it from running, corrected this. went to
New Castle, where he had taken an aunt in the morning
and returned with her to his uncle’s, some twenty miles
in the country. In the afternoon, he drove his wife to
New Castle, for the purpose as he says, of getting a copy
of their marriage certificate; the reason for obtaining it

Pee ee ee a a Ain ie | cle | TT ge PPE ee ree eye is ee ee e ee ae Ve ee eee ee hy On, a Oe ae ie

SCHAEFFER, Daniel, white, hanged Lancaster, Pa., on April 13, 1832,

"SINGULAR OCCURRENCE=0n Sunday morning, the 3rd instant a man, who called himself
Daniel Shafkr, voluntarily came before Michael Blatzell, Esq., a magistrate of this
city, and requested to be committed to prison, alleging that he had committed

murder, during the last winter, in Marietta, Pennsylvania, and that the repppaches

of his consciencehad become so severe that he was unable, any longer, to endure them,
His narrative being perfectly coherent, and he himself appearing entirely sane, the
magistrate complied with his request and committed him, Since that time, under his
directions, communication has been had with the proper authorities in Marietta, and
such intelligence. received as confirms his horrid tale, His story is, that, during
the deep snow last winter he, whilst in a state of intoxication, entered the house of a
@idow named Bowérs, then living in Marietta, and, after violating her person, put her to
death bys trangling her, The fact of such person h:ving been found dead in her

house, about the time stated, is fully substantiated by the accounts received from
Marietta = and the demeanor of the prisoner, since his confinement, as well as his
positive declarations, has induced a general belief in the truth of his singular
confession, - FREDERICK (MD.) EXAMINER." COURIER, Charleston, SC, 9-29-1831 (2=6.)

a ne

66

The Master Detective

Pittsburgh’s Sensational Voodoo Slaying

He had gone to East Liberty and there,
remembering an engagement he had
with friends on Wylie Avenue, near the
downtown section, he had taken a
taxicab at Penn and Highland Avenues,
because he was late, and had gone to
his friends’ home.

Detectives rushed to the cab-stand
at Penn and Highland Avenues to
verify his story. The dispatcher who
had been on duty Saturday night was
at home. The detectives found him.
He remembered a Negro passenger tak-

ing a cab there the night before at .

about 9:30 or 9:45. He recalled this
because the man had attempted to get
in a cab that was third out and he had
asked him to walk up to the cab that
was first in line.

He had said he wanted to go to
Wylie Avenue. ;

Penn and Highland Avenue is many
blocks from the Hussey Mansion—a
good mile and a half, at least. The
Negro had boarded the cab there at
9:30 or 9:45. Elsie Barthel had not
left home until 8:30. Could she have
met Savage, and could he have killed
her, then gone from the scene of the
murder to the cab-stand, so far away,
in that time—only about an hour?

It seemed impossible.

Then, to further complicate the case
and to add more mystery, came word
from Headquarters that one of the de-
tectives had talked to a nurse who. had
seen a car backing out of the drive at
the Hussey Mansion at 11 o’clock Sat-
urday night soon after she had heard a
woman’s voice scream out:
ieee oh, for God’s sake don't,

AND then she had heard a noise, as

if some person had been struck,
and the automobile had backed rapidly
out of the drive and headed out Center
Avenue towards East Liberty at great
speed.

This might tend to show that Miss
Barthel had been driven there by some
person and had been killed and left
there, while the killer—perhaps the
motorist the nurse saw—had speeded
away from the scene.

But there were the cards that appar-
ently placed Savage there, circumstan-
tial as they were.

The detectives went back to ques-
tioning the cab dispatcher who remem-
bered a Negro getting a cab at Penn
and Highland Avenues the night before.

“Who was the driver of the cab that
took this Negro from Penn and High-
land?” they asked him.

“Young fellow named Haule, Walter
Haule. I think’ he is on duty now,”
the dispatcher said.

Walter Haule, Elsie’s sweetheart!

The man she was going to marry!

Did Haule know of the murder?

The detectives sought Haule at
once. The case was becoming more
and more complicated.

Now there was the angle of the man
whom Elsie was going to marry, haul-
ing the man suspected of the murder,

(Continued from page 31)

on the same night of the killing and
only about an hour or so after Elsie
had left her home in an apparently
happy mood.

The cab company’s record of Haule’s
Saturday night trips apparently fur-
nished him with a perfect alibi. But of
course, one of his trips might haye
taken him past the Hussey Mansion.
Or he could have picked up Elsie some-
where and taken her there.

Haule was taken to Detective Head-
quarters.

BY this time another angle had
entered the case. Savage had talked
some. He had told that Elsie had ap-
proached him about her condition in
September and had asked him if the
charms he could perform with the cards
would not help her in her dilemma.

He had given her the cards, telling
her to dream on them at night and to
carry them with her wherever she went.

If she followed instructions, she
would have had the cards with her
when she went out. Saturday night.

Savage had given her six cards—the
ace, deuce, trey and four of diamonds,
the five of spades and the seven of
clubs.

That would account for the short
deck in his room.

Even the circumstantial case which
the detectives had built around the.
Negro was apparently falling down.
Savage’s frank. admissions. were dis-
concerting, and were upsetting the case
just when it seemed it was going to
work out.

Haule was questioned closely. He
didn’t know Elsie was dead. Appar-
ently the information was a great shock
to him. .He had seen no newspapers—
in fact, there were no papers out yet
with the story of the killing. He had
no occasion to call Elsie before the de-
tectives found him, though he had in-
tended to call her at the first oppor-
tunity.

He remembered hauling a Negro pas-
senger on Saturday night from Penn
and Highland Avenues to an address
on Wylie Avenue. He didn’t know
the man, but he could identify him,
he thought.

His passenger had paid him a dollar
and a quarter, the quarter as a tip.

Haule told the detectives the Wylie
Avenue address to which he had taken
his fare.

They went there and found Savage’s
story was true. He had been there Sat-
urday night, until after midnight,
when he had left, saying he was going
home.

Mrs. Savage, being questioned in
the Matron’s Department, revealed
the time of her husband’s arrival home.
The interval was just about enough for
him to get from one place to the other.
His story was checking true.

But there was a period of time in
the evening that hadn’t been accounted
for. He had-been in East Liberty, he
said, but didn’t say where. He was

questioned on that angle, but his

answers were immediate. He had gone
first to a friend’s house and when he
found there was nobody home, he had
gone to a movie, then to a Negro Elks
Club. This was after he had talked
with Miss Barthel.

The big block of stone which had
ended the life of Elsie lay on a desk
in the Detective Bureau.

Occasionally Savage’s attention was
called to it, but he gazed at it without
flinching.

The case against Savage was not
growing any stronger as the hours
passed. If -anything, it was growing
weaker. His story had checked true all
along. But the detectives kept up an
incessant fire of questions.

Midnight wore on to | o'clock. The
detectives, working steadily all day,
and at high tension, were beginning to
tire. One after another, and often in
pairs or three or four at a time, they
had taken Savage through his paces,
but the result was always the same.
His story was unchanged and he insisted
emphatically that he knew nothing of
the murder.

Savage, too, was tiring, but not
enough to halt his protests of innocence.
Mrs. Savage had also denied knowledge
of the crime and was in tears in the
Matron’s Department.

The clock in Headquarters hit three.
Savage was still not permitted to sleep,
though at times he seemed to fall into
a light doze. Some of the detectives
had snatched an hour or so of sleep by
this time. They planned to have Sav-
age tell ,his story over and over, the
night through, hoping that sooner or
later would come the break that they
sought to clinch their case.

Walter Haule had virtually absolved

himself by this time. With the cab
company record of his trips and his
own story, verified by passengers, he
seemed: to have an iron-bound alibi.
_ He denied knowledge of the condi-
tion Miss Barthel was in, but con-
firmed the fact that they were to be
married in November.

TPHERE was still the possibility of an
unknown lover. Also, the infor-
mation about the girl who had
screamed, as well as the auto which
had driven furiously away from the
Hussey Mansion at I! o’clock Saturday
night.

These. angles presented probable
leads to be run down.

But Detective John Hickey believed
that by holding Savage, the right man
was now in custody. He went into the
room alone with Savage shortly after
3 a. M. and sat beside him on the bench.
His arm fell across the Negro suspect’s
back and he patted him on the shoul-
der, somewhat consolingly.

“It would be better to tell the truth
and clear your mind,” he told Savage
in a quiet, soothing voice. :

The prisoner’s head drooped until
his chin rested on his chest, but he was
silent.

“Come, now,” Hickey said again,

Septcmb

“you m
Savag

stone Ww).

felt the
to get u
said,
Hicke
partme!
from he
Savag
her. He
the tear
“Tell
thing,”
“But
her,’ Sa
Hicke
heard
dropped
Negro ¢
quarters
There
Elsie
tember.
have a
the fat
go On,
done.
Novem!
She }
she kne
“You
a wish
He
cards {
to pin
pin, pl
night ;
them
call he:
to wor
He
told hi
Grove,
old po!
was ly!
She
had—*
her ou
Het
bring |
the Ca
money
Ther
would
Was 1n
He ;
and tl
not at
ture t!
vening
left th
go to
the El!
car [to
there |
old aut

SHO!
shi
girl.
He |
“Ha
She
“An
“Ves
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He to)
seat a!
then, i


September, 1931

“you might as well tell me the truth.”

Savage glanced at the huge block of
stone with its crimson stains. Hickey
felt the man’s body shiver. He started
to get up.

“T'd like to see my wife first,” he
said.

Hickey led him to the Matron’s De-
partment. Mrs. Savage was called
from her cell.

Savage started to cry at the sight of
her. He fell into her arms, weeping;
the tears rolled down his cheeks.

“Tell me you didn’t do that awful
thing,’ she said. .

“But | did, honey, | did—I killed
her,” Savage sobbed.

Hickey was standing close by. He
heard the confession. Mrs. Savage
dropped in a faint as Hickey led the
Negro away, back to Detective Head-
quarters.

There Savage told his story. .

Elsie had come to him back in Sep-
tember. She was in trouble—going to
have a baby. She didn’t tell him who
the father was. She said it couldn't
go on, something would have to be
done. She was to be married in
November.

She implored him to help her; said
she knew of his powers with the cards.

“You can help me with the cards and
a wish,” she had cried to him. .

He gave her the cards then—the
cards found near her body. She was

to pin the cards together with a black )

pin, place them under her pillow each

night and dream on them, and carry’. '
them with her at all times. He wou ‘do
call her when the “charm” was ready

to work.

He called her on Saturday night;
told her to meet him at Thornton’s
Grove, the Hussey Mansion, under the
old portico by the automobile seat that
was lying there on the ground.

She had offered him money, all she
had—$390, he said—if he would help
her out of her present plight.

He told her to come at 9 o'clock and
bring two envelopes with her, one with
the cards in it, the other with the
money. ’

Then he was to work the charm that
would save her from the disgrace that
was impending. 4

He said that after he talked to her
and then called on a friend who was
not at home, he went to a motion pic-
ture theater to while away the inter-
vening time until 9 o'clock. When he
left the movie it was still too early to
go to the meeting place, so he went to
the Elks Club. Then he went by street
car to the Hussey Mansion. He was
there first and seated himself on the
old auto seat under the portico.

GHORTLY afterwards, out of. the
shadows of the night, came the
girl.

He bade her be seated.

“Have you the cards?” he asked.

She had.

“And the money, too?”

“Yes” she answered and showed him
the envelopes.

It was dark there under the portico.
He told her to kneel at the end of the
seat and face Center Avenue. He knelt
then, too, facing her. This was part of

The Master Detective

the mystic rite by which her condition
was-to be relieved..-

They faced each other there in .the
darkness, both on their knees. Savage
held out his hands, palms up, to receive
in true mystic formality the two
envelopes, one containing the money,
the other—the hand of death. ;

Miss Barthel solemnly placed the
envelopes on one of the upturned palms.
Savage slowly started to tear one of
the envelopes open. He was to take
the money and return the cards. The
return of the cards was another part
of the charm procedure. He was tear-
ing open the envelope which contained
the money. Not a word was spoken.

But as he extracted the money from
the envelope Miss Barthel grabbed for
it. She snatched it from his hand.

Savage swung hard at her with his
fist. The blow landed on her face and
she fell sideways towards the portico
wall. A half-stifled cry came from her
lips as her face plunged into the dirt of
the driveway. mye ”

‘ “Don’t,” she cried, “don’t, I’ll give
itaae'e r
But she never finished the sentence.

A close-up of the Voodoo doctor

By now Savage was infuriated. A
brick lay beside him. He picked it up
and struck the head of the prostrate
girl in front of him. She moved
slightly as that blow fell. He struck
again and this time the form lay mo-
tionless, The money the girl had
grabbed from Savage was still clutched
in her hand.

The Negro opened. her fingers and :

took the money. There was a loose
block of stone lying on the top of the
low wall supporting the portico. It was
an immense block, just a few feet above
the head of the inert girl.

It required all Savage's strength to
move it, but he worked it to the edge
of the ‘vall and let it drop.

The seventy-one-pound block landed
on her head and Elsie Barthel was
killed by that blow.

Savage then walked rapidly away
towards Center Avenue. He dropped
the envelopes after he had torn the
second one open as he walked along the
drive. The cards were in one.

Down Center Avenue he walked,
until he reached Highland. Then he

67

turned north on Highland and walked
to Penn. -There was the taxicab stand.
He examined’ the money he had taken
from Elsie Barthel’s hand under the
light of a street lamp.

There was less than $40!

THAT explained why Elsie had
grabbed for the money as Savage
took it from the envelope. She feared
he would count it and find it $350
short of the amount she had promised.
She had hoped to get it back, perhaps,
fearful that if he discovered her trick
he would halt the charm she apparently
believed would work. She had made
this last desperate effort to recall her
attempt to short-change the man whom
she believed performed miracles with
the cards.

At-4 o'clock that morning. Savage
was back at the scene of his crime. In
the glare of automobile headlights -he
went over the death ritual for the de-
tectives. ;

Next day, he signed a complete con-
fession of the killing after repeating the
story to a police stenographer in the
presence of several detectives. And
still later that day, while nearly a
hundred persons gathered about the
scene, he again re-enacted the mystic
setting in which Elsie Barthel came to
her untimely end.

A police camera shot pictures of him
in action.

Later, in the face of his signed con-
fession, the photographs which showed
him re-enacting the death scene, and
his verbal statements of guilt, he re-
pudiated all he had said and done and
contended he had not killed Miss
Barthel.

He said that a burly detective, by
holding above his head the seventy-
one-pound rock which had snuffed out
the life of Elsie Barthel, and threaten-
ing to let it drop upon him, had forced
the confession from him.

The hospital nurse who had heard
the hysterical cries of a girl coming
from about the Hussey Mansion the
same night of the killing, about 1!
o'clock, and had seen a car speeding
away, was called as a defense witness
to cast a shadow of doubt into the
minds of the jury. The prosecution
had fixed the time of the killing at
shortly after 9 o’clock and had traced
Savage through every minute there-
after until the time of his arrest.

Her testimony was intended to show
that. these cries at 11 o'clock might
have been those of Miss Barthel, in
which case, with the prosecution show-
ing. that Savage was not near the Hus-
sey Mansion at 11 o'clock, some other
person must have been the killer.

But the prosecutor, Harry Estep,
called witnesses in to show that such
cries were very frequently heard. The
nurse herself, under cross-examination,
admitted she had heard them many
times before. She had regarded those
she had heard the night of the murder
as nothing unusual and did not associ-
ate them with the killing.

The jury said Savage must die; and
he did, in the electric chair at Rock-
view Penitentiary a few months later.

The six-card hand dealt to Elsie
Barthel had twice been a hand of death.


lat time.
iel home.
his wife
\l, South
Mitchell
dquarters

ss to sur-

me. But
servants’

told the
“Lorenzo

anyone.”
detectives

went on,
we want

aloud while the others unconsciously kept count themselves,

I cmaeiliisnais en anit sdiii ai viii
Pittsburgh’s Sensational Voodoo Slaying 31
to search may have nothing in it of any value to us in “Forty, forty-one, forty-two, forty-three, forty-four,
solving the mystery, and again, it may have what we need. forty-five, forty-six——"
But we must search it.” There were only forty-six cards in the deck!
There was no further discussion about the search. Mr. The six cards found near the body of Elsie Barthel
and Mrs. Mitchell accompanied the detectives to the room would make this deck a full one.
occupied by Savage and his wife on the third floor. But what were the cards missing from the deck in
There was a deck of cards on the dressing table. Savage’s room? Were they the same cards as the six
Sullivan picked up the deck as he took the sjx cards found near where the body had been discovered?,
found near the body from his coat pocket. Morgan and Morgan and Sullivan started to run through the deck,
Mr. and Mrs. Mitchell crowded in close as the deck of bunching the cards to find the missing. ones—jacks here,
cards and the six separate ones were compared. kings there, queens, aces, tens. . . .
The backs were identical! The ace, deuce, trey«and four of diamonds, the five of
spades and the seven of clubs were missing from the deck!
GULLIVAN started to count the cards in the deck. If These were the identical cards found near the scene of
there were fifty-two, then, perhaps it was just a co- the murder.
incidence that the cards. found near the body and this.deck Savage had talked with Elsie on the telephone before
had the same design on the back. she left. her home the previous night, never to return alive.
Mitchell counted with Sullivan. The design on the deck of cards found in Savage’s room
As they neared the end of the deck, one of them counted corresponded with the design on the cards found near

Elsie’s body. The cards missing from the deck were the
identical ones found—the ace, deuce, trey and four of

- diamonds, the five of spades and the seven of clubs.

Had Elsie Barthel been dealt a hand of death?

It seemed almost a certainty now—or at least the cir-
cumstantial evidence gathered thus far indicated as much—
that there was something in common between the death
of Elsie Barthel, the cards and Lorenzo Savage.

Had belief in the mystic charms, which this man sup-
posedly could perform with cards, caused Elsie Barthel
to keep a rendezvous with him at the old Hussey Mansion
on Saturday night?

Did she, a trained nurse, believe he could relieve the
condition that had come from a love affair that was un-
known to her family and her friends and thus, too, relieve
her troubled mind?

“Where is Savage now?” one of the detectives asked his
employer.

“Spending the Sunday with friends,’ Mitchell said,
Morgan se li hundred nine is the address, | believe.”

in was just getting dark when the detectives found the
house. Several men surrounded the place while others
entered.

Savage, expert in culinary arts as well as the several
other things he did, was carving a chicken when the de-
tectives entered.

“Your name Savage?” one inquired.

“It is, sir; what can I do for you?” Savage answered,
assuming for the moment the role of butler,.which he so
often had played both at the Marshall and Mitchell homes.

“We want you,” a detective shot back, taking him by
the arm and starting him toward the door without further
explanation.

Savage had been calm at first. Now he started to shout.
He protested loudly against his treatment. Mrs. Savage,
who witnessed it all, added her cries in protest.

“Take her, too,’ a detective said.

And both were in the detectives’ automobile speeding
towards headquarters in a few seconds.

But there Savage became calm again as the detectives
fired questions at him from all angles, without indicating,
at first, why. he was in custody.

He knew Elsie Barthel, certainly he knew her. Hadn't
he. worked for Doctor Marshall during most of the time
she had been employed by the physician? He had talked

with her several times.

The killer of Miss Barthel re- Aiea ack i! nid

enacts the crime at the request

of detectives. The stone that

snuffed out her life, as she lay

on the spot marked by the

paper, fell from the end of the

wall at the extreme right of the
picture

Saturday night on the tele-
phone. Of course he had—
about some work he ex-
pected to do for the Mar-
shalls.

But he hadn't seen her.
(Continued on page 66)

noel Collapse “of ani p
Tis? 2nt0:

Foo
bell
i
pe

er

aa "goods, under the new tariff
rohibition | now in course of preparation, virtu-
} ees |: -|ally ‘prohibitive duties wif pena

UPSE_| Bankers Pla

np. |: BERLIN,* 8

| basis for th proposed, trad treaty. |

Germanys) Higt

'

aa

x
te
x
=
.
‘

ibetWween Great! Britain and

ithe negotiators found it
‘Giscover: common

Strict “was maintained) on
oth sides, but it is believed that the
“whain- reason for, the b down of

‘the ‘discussions was the Gérman re-
fusal «to; grant~ “concessions Great
2 emptton demanded depend the ex-
’ British

iA

ewe
“Ft a

eye?

~ On. Foi ign Secu

| “CLEVELAND,10. Bet. rue P)
steps tor establish a nati 1‘ clear-
ing house: for information| regarding
foreign ‘securities were. taken at the.

.| sent here ‘to taentity the ‘man: :

Ss | know him ly
“4 1y Chitet. Rea,
re Pennsylvania’ ‘withont .

Tt police at Gréenaburs,. Pa.

Jrow morting. Sherif{ W.:J. Hatfeld |
ee McDowell a A agreed. 10) hold

“| for, the, murder of. the officer. ae :

i IDENT IF

When . e4 in the eee
‘| Jail by the Rwd fete Scott at first.
| dented he was the man wanted, but: as
soon | as +he ‘ pealized: that; both; men.
adinitted that he killed
He agreed to go- ‘batk to
"extradition.
papers, ‘and. the two officers derided
j-to leave with him at 10 ‘o’plock to-
night for Columbus, 'O.,: whence: they
| would proceed to Pittsburgh: Before
this decision Could be carried | ‘out a
telephone message’ | svap: “peceived, from
| Capt. y ov: McLaughiia, head of: ate
king that

Scott be held: until he: a ¢dinor-

the prisoner. te

a teak aianine’ is: fcaatemon™ ‘geott
[said be had not meant ito shoot’ ‘Rea. |
‘Scott was atrested Monday) in! this |’
county after he had been identified. as
the man wanted. at West. Newtc Pa,

Former Publisher Comes
~ Out Against. Brookhart

‘CEDAR “RAPIDS, TA, " sopt.| 4!

‘A. Brewer, lending local

‘Republican, this after-
noon anneunced ‘himse}t as an 4ndc--
eae ‘candjdate for the United
States Benate, in opposition to: Sen-
ator Smith. -W. Brookhart. The an-
nouncement created a meet iin |
state political circles.

Brookhart received the ‘Republican
nominati x ‘senator, and while he
is runn ‘the Republican ticket |
he is \sup the presidential anys
pirations’ Of, Penator, Robert cao

‘Cedar Rapids

t -
“ita a. ©

3

(New ‘York -Times ‘Service, yL Luther |.” 2 M
Re publican

polittclan and former publisher of the |

—

rary
pe %) Bre

justi oa ei

tiie being taken tn it t

2 than Pittsburgh a:
he. eee a pee

t
ae |

oe i ds

+

rip —_

eeu as

the Pittabucsh Department of F

» in’ the latter's. campe
Ror the pat:
ing, ; Bur

Che

st

abolish |
attired. ;

around

“AD of
"Ph

mics a
girls, '

these |’
one of

pastime.
4 The a

decla

bert’ fe
|'clency

4} tions oO

| closing session. of the thirteenth con-
lyertion of the Inveatmen

“NEW YORK, Sept. 4A: driv

‘ Sen

ee ‘he — 1. “Rot. a constru

Auto

ort wa

bee

salvation Army will ery
top ¥ Activities of. Young

US

Drugstoré. Cowboys,” na
oung men . who endeayc

ung women ‘{n ‘convers:

‘water fountains,

started Moder by the Salyation A

al of the: army said:
boys: ‘are mostly very y:

withlittje to do, and because of

rance find it jrather

to atte t= the attention. of they

e And it. e

‘to pppr
whdys’ and. Fes Balg ree
ubs,”“

n.as his or ‘ts reeoh
y conyinced that’ be!

7 0 Setter, ‘anxio

I pat an ebd to this condition, wh!
‘ | leads to greater evils.

Freight Service.

PORT! WAYNE, Me
(NGw york Times Seryipe/)—Per
A sy Hee, officipts «here

oday that, Fimattor f:

“Will be , inigeteas
‘Ayne and. Lites
we days as a tes

‘of. auxiliady auto “service
the railway centers of ,theyPe:
vania system. ~

The plan is a ‘radical depa

any former
and. wit} prove" or disprove c

pat sparta 4
efforts, the officiat

‘| shippers. that: the. hig
ccesefully be coed os


316 130 ATLANTIC REPORTER (Pa.

4. Perpetuities G—-4(2)—Devise void if rule
may be violated.
Even where there is a possibility that a
violation of rule against perpetuities may occur,
devise is void.

5. Perpetuities €>4(10)—Bequest held viola-
tion of rule against perpetuities, rendering it
void and resulting in property passing under
intestate laws.

Bequest of income of certain property to
testator’s widow and daughter for life, with
continuance thereof to daughter’s children for
life, and to her descendants without limit and
in event of their final extinction, the creation
of a perpetual trust for certain charities held
a violation of rule against perpetuities, render-
ing entire bequest void, with result that proper-
ty passes to wife and daughter under intestate
laws.

6. Wills €=>473—Bequest sustained where tes-
tator’s dominant intent does not transgress
rule against perpetuities, though ultimate dis-
position may infringe on it.

Where testator’s dominant intent does not
transgress rule against perpetuities, it will be
sustained, although some ultimate disposition
of property may infringe on it, especially where
that which does not, is capable of separation
from that which does, transgress rule.

7. Wills €=473— Entire bequest void, where
dominant purpose is creation of contingent
estates in disregard of rule against perpetu-
ities.

Where general scheme of testator is crea-
tion of contingent estates to tie up property
indefinitely, in utter disregard of rule against
perpetuities, and life estates are but incidental
thereto, the whole will be stricken and prop-
erty pass under intestate laws.

8. Perpetuities @—8(3) —Charitable bequest
cannot be created by gift over following in-
valid disposition.

Though under Act May 9, 1889 (P. L. 173;
Pa. St. 1920, § 2592), a charitable bequest. may
be given in perpetuity, such bequest cannot be
created by gift over, following prior attempted
disposition of same property, wherein rule
against perpetuities has been violated.

Appeal from Court of Common Pleas, Lan-
easter County; Charles I. Landis, President
Judge.

Case stated by Mary B. Ledwith -and an-
other against S. Grace Hurst and others to
determine title to real estate. From judg-
ment for plaintiffs, defendants appeal. Af-
firmed.

Argted before FRAZER, WALLING,
SIMPSON, KEPHART, SADLER, and
SCHAFFER, JJ.

John N. Hetrick, of Lancaster, for appel-
lants.

Paul A. Mueller and John M. Groff, both
of Lancaster, for appellees.

WALLING, J. This is a case stated to de-

miller, of the city of Lancaster, died in 1922,
testate, survived by a. widow and one daugh-
ter. His last will provides, inter alia, as fol-
lows:

“I give and bequeath the net rents, income
and revenue of my: three-storied brick. store
property Nos. 180-134 North Queen street, and
the ‘six-storied brick factory. building in the
rear thereof, Nos, 131-135 North Market street,
in the city of Lancaster, Pennsylvania, to my
wife, Caroline S. Buchmiller, and my daugh-
ter,.Mary B. Ledwith, in equal shares or parts,
during their natural lives, and, after the death
of either of them, I give and bequeath all of
said net rents, income and revenue to the sur-
vivor of them during her natural life. At the
death of the survivor of them, I give and be-
queath the net rents, income and revenue to
the issue and descendants of my daughter, Mary
B. Ledwith, if any, per stirpes, for and dur-
ing the term of their natural lives, and the life
of the survivor of such issue and descendants;
and, in the event of the death of my said daugh-
ter, Mary B. Ledwith, without leaving issue or
descendants, then, at that time, or upon the
death of the last of such issue or descendants,
if any, I order and direct my executors to
sell the said premises, either at public or pri-
vate sale, for the best price that can be ob-
tained therefor; and I then give the net pro-
ceeds thereof to my said executors, in trust,
to invest the same and keep the same invested,
in good lawful securities, and the net income
thereof, I hereby order and direct my said ex-
ecutors to pay over annually in equal shares,
to the Lancaster General Hospital, the Young
Men’s Christian Association of Lancaster, Pa.,
the Young Women’s Christian Association of
Lancaster, Pa., and the Shippen School for
Girls of Lancaster, Pa., for the use of the said
various institutions as hereinbefore stipulated.”

The Union Trust Company of Lancaster
and Mary B. Ledwith were named and are
acting as executors under the will. In 1924,
the plaintiffs, Caroline S. Buchmiller, the wid-
ow, and Mary B. Ledwith, the daughter, en-
tered into a written agreement to sell the
above-described land to 8. Grace Hurst for
$300,000 and tendered their deed therefor,
which was refused on the contention that be-
cause of the paragraph of the will above
quoted plaintiffs could not convey a fee-sim-
ple title. In answer plaintiffs averred that
this paragraph of the will was void, as it
disclosed a general scheme to indefinitely
tie up the property therein described in mani-
fest transgression of the rule against per-
petuities, and that as to such property there
was an intestacy, by virtue of which it vested
in them as the only heirs at law. The trial
court sustained plaintiff’s contention and held
their deed would pass a good title in fee;
from which defendant. brought this appeal.

[1-4] It is so much for the public good that
the transfer of property should not be unduly
hampered, that long ago the rule against
perpetuities was established, which forbids

termine the title to real estate. D. I’. Bucha

the tying up of property for a longer period

¢€—>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Air Agena

Pa.) COMMONWEALTH vy. SCOTT 317
(130 A.)

than a-life or lives in being and 21 years
(plus in some instances the period of gesta-
tion) thereafter. hereunder a contingent
estate to be valid must vest within the time
above stated from the date of its creation.
Moreover, the question as to whether the
rule has been violated depends upon condi-
tions as they existed at the death of the tes-
tator (21 Rt. C. L. p. 294) and as to what may
happen; where the estate may not vest with-
in the required time the rule is transgressed.
Coggins’ Appeal, 124 Pa. 10, 16 A. 579, 10
Am. St. Rep. 565; Lawrence’s Estate, 1386
Pa. 354, 20 A. 521, 11 L. R, A. 85, 20 Am. St.
Rep. 925; Donohue v. MeNichol, 61 Pa. 73.
If the provision in the will is such that the
title to the property may be kept in abey-
ance and not vest for a longer period than
permitted by law, the bequest is void. Dav-
enport et al. v. Harris et al., 3 Grant, Cas.
164. “No interest is good unless it must
vest, if at all, not later than twenty-one
years after some life in being at the creation
of the interest.’ Gray on Perpetuities, §
201. Even where there is a possibility that a
violation of this rule may happen, the devise
fs void. Lilley’s Estate, 272 Pa. 143, 116 A.
392, 28 A. L. R. 366; 30 Cyc. p. 1483.

[5] In the instant case the gift of the in-
come to the widow and daughter for life,
standing alone, would be valid, but as Mary’s
children were not born at the testator’s
death, the title could not be held in abeyance
longer than 21 years after her death and
that of the widow; while the will attempts
not only to continue the income to Mary’s
children for life, but also to her descendants
without limit, and, in the event of their
final extinction, to create a perpetual trust
of the property, for the benefit of certain
named charities. It is not easy to conceive
of a more flagrant violation of the rule
against perpetuities. The life gift to Mary’s
children (none of whom was born prior to
testator’s death) is plainly violative of the
rule, so the only life estates which apparent-
ly are not, are those to the widow and daugh-
ter.

[6] Where the testator’s dominant intent is
such as does not transgress the rule in ques-
tion, as for example the creation of life es-
tates, the sama will be sustained, although
some ultimate and incidental disposition of
the property may infringe upon it. This is
especially true where that which ‘does not is
capable of separation from that which does
transgress the rule. Whitman’s Estate, 248
Pa. 285, 93 A. 1062, and cases there cited.
See, also, Ewalt vy. Davenhill et al. 257 Pa.
385, 101 A. 756; Lockhart’s Estate, 267 Pa.
890, 111 A, 254; In re Trust Estate of Eliz-
abeth M. Jones, 284 Pa. 90, 180 A. 314 (the
Preceding case); 89 Cyc. p. 89.

{7} Where, however, the general scheme

creation of contingent estates to tie up the
property indefinitely in utter disregard of

estates are but a part of and incidental there-
to, the whole will be stricken down and the
property will pass under the intestate laws.
Johnston’s Estate, 185 Pa. 179, 39 A. 879, 64
Am. St. Rep. 621; Kountz’s Estate (No. 1)
213 Pa. 390, 62 A. 1103, 3 L. R. A. (N. S)
639, 5 Ann. Cas. 427; Gerber’s Estate, 196
Pa. 366, 46 A. 497. See, also, Geissler et al.
y. Reading Tr. Co., 257 Pa. 329, 101 A. 797;
In re Kountz Trust, 251 Pa. 582, 96 A. 1097,
and note in 28 A. L. R. 384; also 21 R. C.
L. p. 324. The trial court rightly held this
principle applicable to the instant case; but
inasmuch as the fee vests in the plaintiffs
under the intestate laws, for reasons above
stated, the question as to their life estates
under the will is not controlling. In any
event, they would be able to convey a good
title.

[8] We are mindful of the rule that a char-
itable bequest may be given in perpetuity
(Act of May 9, 1889, P. L. 173; Pa. St. 1920,
§ 2592; 80 Cyc, 1512; 1 Perry on Trusts
[6th Ed.] § 384), but such bequest cannot be
created by a gift over following a prior at-
tempted disposition of the same property
wherein the rule in question has been violat-
ed. Penrose’s Estate, 257 Pa. 231, 101 A.
319, and see Hillyard v. Miller, 10 Pa. 326.

A further discussion and additional cita-
tions appear in the comprehensive opinion of
the trial court in the instant case, reported
in 38 Lancaster Law Review, 555.

The assignment of error is overruled, and
the judgment is aftirmed.

COMMONWEALTH v. SCOTT.

(Supreme Court of Pennsylvania. June 27,
1925.)

{. Criminal law €=730(!)—Caution to jury to
disregard statement of district attorney as to
imagination of accused’s counsel held to have
cured any error therein.

Where district attorney told counsel for ac-
eused, while cross-examining commonwealth’s
witness, that he had vivid imagination, and that
state could not even tell the truth, caution to
jury to disregard matter held to render state-
ments harmless so as not to require mistrial.

2. Criminal law ¢=—=699—Grant of mistrial for
misconduct largely discretionary. ae
Grant of mistrial for misconduct of attor-
neys largely discretionary.
3. Homicide @==156(1) — Evidence that de-

ceased was police officer admissible under
circumstances.

In prosecution for murder, where accused
denied that he knew deceased was police offi-

and dominant purpose of the testator is the

cer, evidence of that fact held admissible, in

Cs

€=For other cases seé same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

the rule against perpetuities, aud the life -

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- lived and worked near by, and knew deceased,

318 130 ATLANTIC REPORTER (Pa.

view of former admissions of accused that he
possessed such knowledge, and fact that he

who wore badge.

4. Homicide €=-338(1)—Evidence that reward
was offered for apprehension of accused, not
prejudicial.

In murder prosecution, evidence that re-
ward of $1,000 had been offered for apprehen-
sion of accused ‘held not prejudicial.

5. Criminal law ¢==1038(1), 1056(1)—Charge
not properly reviewable, in absence of ‘excep-
tion or request that it be reduced to writing
and filed of record.

Charge is-not properly reviewable, in ab-
sence of exception or request that it be reduced
to writing and filed of record.

6. Homicide @=332(2)—Appellate court will
examine entire record to determine if ele-
ments of first degree murder are present.

Under Act Feb. 15, 1870 (P. L. 15; Pa.
St. 1920, §§ 559, 560) appellate court will ex-
amine entire record to determine whether ele-
ments of first degree murder are present.

7. Homicide ¢=—146 — Felonious killing pre-
sumed malicious.
Where accused shot officer to avoid being
arrested with revolver upon his person, such
felonious killing would be presumed malicious.

8. Homicide €=>145—Intent to kill presumed
from deliberate use of deadly weapon upon
vital part.

Where accused, at close range, intention-
ally discharged .38 ‘caliber revolver into abdo-
men of another, ititent to kill would be pre-
sumed, in absence of any qualifying circum-
stances.

9. Homicide G==>232 — Brief conversation with
officer sufficient to justify finding that accused
formed purpose of taking life and selected in-
strument of death.

In prosecution for murder, where deceased
officer had stopped accused and companions to
determine whether they had any moonshine,
and, after searching companion, turned to ac-
cused, that length of time held sufficient to sup-
port finding that accused formed conscious pur-
pose of taking life and selected instrument of
death as elements necessary for first degree
murder, notwithstanding there was no evidence
of ill will prior to that meeting.

10. Homicide ¢>22(3)—It is fully formed pur-
pose, not time in forming it, which consti-
tutes first degree murder.

It is fully formed purpose of accused to
take life, and not length of time required to
form purpose, which constitutes killing murder
in first degree.

{!. Criminal law @=-1159(2) — That verdict
might have been different affords no ground
for interference.

That verdict of jury under the evidence
might fairly have been different affords no

Appeal from Court of Oyer and Terminer,
Westmoreland County; William T. Dom,
Judge. ;

James Scott, alias James Allen, was con-
victed of murder in the first degree, and he
appeals, Atlirmed, and record remitted for
execution.

Argued before MOSCHZISKER, C. J., and
FRAZER, WALLING, SIMPSON, KEP-
HART, SADLER, and SCHAFFER, JJ.

Adam B. Shaffer,.of Greensburg, James L.
Colbert, of Pittsburgh, and Patrick McKague,
of New Kensington, for appellant.

Nevin A. Cort, Dist. Atty., and P. K. Shan-
er, Sp. Asst. Dist. Atty., both of Greensburg,
for the Commonwealth.

WALLING, J. This appeal by defendant
is from sentence on conviction of murder of
the first degree. George Rea, the chief of
police of the borough of West Newton, West-
moreland county, and its only police officer,
while on duty as such at about 3 o’clock on
the morning of September 16, 1924, met the
defendant, James Scott, and another young
colored man named Evans and two colored
girls. Attracted by their conversation, he
stopped them to ascertain if they had any
“moonshine.” Satisfying himself that Evans
had not, the officer turned to Scott, and asked
him, inter alia, if he had any “moonshine,”
at which.the latter drew a .38 caliber revol-
ver, and saying, “This is what I have for
you,” shot him through the abdomen, inflict-
ing a mortal wound. Defendant fled, but
was apprehended eight days later in West
Virginia, where he was known by another
name, and at first denied his identity. De-
fendant set up self-defense to the effect that
before he shot, the officer reached for his gun
and said, “I will fix you,’ but this defense
was supported only by his own testimony,
and was disproved by that of his three com-
panions and by other witnesses.

. [1, 2] While a commonwealth’s witness was
on the stand, the district attorney said to
defendant’s counsel, ‘You have a vivid imag-
ination,” and, “We cannot even tell the
truth.” To which defendant excepted and
requested the withdrawal of a juror. The
trial’ judge refused the request, but cau-
tioned the jury to entirely disregard the
matter. This action was proper. While the
remarks might well have been omitted, they
were apparently harmless, and certainly not
of such gravity as to cause a mistrial. The
effect of such incidents depends largely on
the atmosphere of the trial, and is for the
discretion of the presiding judge, which here
was wisely exercised,

[3] Defendant denied knowledge of the
official character of Rea, and on that ground
objected to evidence showing he was in fact

ground for interference on appeal.

a police officer. There was ample evidence,

€—For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Pa.) IN RE RUSSELL’S ESTATE 319
(130 A.)

however, that defendant possessed such
knowledge, including his own admissions, the
fact that he lived and worked near by, and
that the officer wore a badge and knew the
defendant. Therefore it was proper to show
that Rea was a police officer and to refuse
to strike out such testimony. :

[4] Defendant was not harmed by the com-
monwealth’s proof that a reward of $1,000
had been offered for his apprehension, At
most it was immaterial. The case was such
as to justify offering a reward, and no harm
was done in allowing that fact to appear. t¢
could not well prejudice a defendant, and
under some circumstances might help him
by tending to show a motive for the prosecu-
tion.

[5, 6] No exception was taken to the charge
or request that it be reduced to writing and
filed of record; hence it is not properly be-
fore us for review. Impelled, however, by the
gravity of the defendant’s situation, we have
carefully examined the charge, and find it
entirely free from error and eminently fair
to him. Of course, a charge cannot be judged
by a single sentence removed from its context.
We have also examined the entire record, as
is our duty under the Act of February 15,
1870 (P. L. 15; Pa. St. 1920, §§ 559, 560), to
determine if, assuming the truth of the com-
monwealth’s evidence (Com. v. Harris, 23%
Pa. 597, 85 A. 875; Com. v. De Masi, 234 Pa.
570, 83 A. 430, Ann. Cas. 19130, 1888; Com.
y. Morrison, 193 Pa. 613, 44 A. 913; McGin-
nis y. Com., 102 Pa. 66; Staup v. Com., T4
Pa. 458: Grant v. Com., 71 Pa. 495), the
elements of first degree murder were present,
and find they were. -

[7-11] In view of the verdict the question
of self-defense drops out of the case. In
fact, defendant made no such claim when ap-
prehended, but then, or as soon: as he admit-
ted his identity, said he shot the officer to
ayoid being arrested with the revolver upon
his person. A felonious killing, which here
clearly appeared, is presumed to be mali-
cious, and, aS malice divides manslaughter
from murder, is presumed to be the latter,
but only of the second degree. In the in-
stant case there was no sufficient provocation
or mitigation to reduce the offense to man-

slaughter; the officer had neither touched,
threatened, nor attempted to arrest the de-
fendant; hence it was clearly a case of mur-
der, but was it shown to be of the first de-
gree? If so, there must have appeared a
well-defined intent to take life; this may and
often is inferred from the circumstances.
Furthermore, such intent may be implied
from the deliberate use of a deadly weapon
upon a vital part; in other words, a person
is presumed to intend the natural and prob-
able consequences of his own voluntary acts.

revolver into the abdomen of another, it may
properly be inferred, in the absence of any
qualifying circumstances, that he intended
the natural and almost inevitable result of
such act—the death of his victim. Again, al-
though there was no evidence that defendant
bore the officer any ill will prior to the meet-
ing that night, it was for the jury to say, un-
der the instructions of the trial judge, wheth-
er during that brief conversation, defendant
formed in his mind the conscious purpose of
taking life and selected the instrument of
death, and, as they so found, we cannot dis-
turb the verdict. We have often sustained
capital convictions where the time for delib-
eration was equally brief. See Com. v. Buc-
cieri, 153 Pa. 535, 26 A. 228; Com. vy. Reed,
234 Pa. 573, 88 A. 601; Com. v. Dreher, 274
Pa. 325, 118 A. 215. It is the fully formed
purpose, not the time, which constitutes the
higher degree, and of the fact that it was so
formed the jury must be well satisfied. The
responsibility, however, rests upon them and
upon the trial court; the most we can do is
to see that the defendant was accorded all
his legal rights. That a verdict might fair-
ly have been different affords no ground for
our interference. Com. v. Danz, 211 Pa. 507,
60 A. 1070. That the deceased was an officer
on duty, and that defendant was unlawfully
carrying such a deadly weapon eoncealed up-
on his person, probably had some weight with
the jury. : é

The judgment is affirmed, and the record is
ordered remitted for the purpose of execu-
tion.

In re RUSSELL’S ESTATE.

(Supreme Court of Pennsylvania. June 27,
1925.)

1. Wills @==555(2) —Legacy to wife, having
adopted son only, held to have lapsed on her
decease prior to testator’s; “issue.”

Whether testator’s wife died before him,
leaving no issue, but leaving an adopted son,
legacies to her could not be held available as

to adopted son, under Wills Act June 7, 1917,

§ 15, subd. b (P. L. 408; Pa. St. 1920, § 8324),

providing legacy shall not lapse if legatee leav-

ing issue predecease testator; adopted son not
being within meaning of “issue.”

[Ed. Note.—For other definitions, see Words
and Phrases, First and Second Series, Issue

(Descendants) .]

2. Adoption €=21—Adopted child not entitled,
under intestate laws, to legacy to his adopt-
ed mother, who predeceased testator.

adopted son was not entitled, under Act May
28, 1915, § 1 (P. L. 582; Pa. St. 1920, § 51).
providing for inheritance as next of kin, to leg-

So, where, as here, a man standing at close
Tange intentionally discharges a .38 caliber

acies to her; claim not being under intestate
laws.

€=>For other cases see same topic and KEY-NUMBER in all Key-Numbered Digests and Indexes

Where testator’s wife predeceased him, her.

ee oe

Oe ee el en ee a

rime weer beta


75 & -2nd= 587. . | , e
SHUPP, Robert Clement, white, 9, electrocuted Pa. S.-P. (Lehigh) on January.8, 1951.

"A limp and unprotesting Robert Clement Shupp wag strapped into the electric chair at
-Rockview prison here early tis morning (Monday) and executed, The )9-year@old Allen-
tonian convicted of first degree murder of his sweetheart Marian Walck of Weiss-

port died at 12:3l:h5.a.m. without a struggle, His body, weighing little more than

a hundred pounds, had been placed in the chair 3 minutes and 9 seconds earlier by pri-
son guardsSe.eeShupp came out of his coma, into which he had fallen Saturday morning,
at 3 o'clock Sunday morning, according to Dr, John Claudy, Warden of Western State
Penitentiary, Thereafter, the warden said, Shupp was quiet and talked very little
although he was ‘normal in all other respects, The warden said he visited Shupp 3
times Sunday and spoke briefly with him each time-about his condition, whether he
wanted anything, whether he had anything to say. Shupp ysually replied that he 'was
all right and wanted nothing, She last time the warden.saw Shupp, the latter gave.
him this farewell: *I gaess I'll be seeing.you again before the day is over," .
"Shupp~made only one request during his last day on earth, the warden said, and that
was for some orange juice, For breakfast Sunday morning he had coffee and fruit
juice, at lunch he had vegetable soup and for his evening meal, at his own request,
he had only vegetable soup and orange juice, Shupp had no visitors during his short
s tay at Rockview, His last visitor was his son. Arlington of Red Hill, who saw him
Friday in Lehigh county jail. Shupp left no last verbal message nor did he write any
letters, During his last.hours, Shupp was attended by Rev. J. I. Lenhardt, Rock-=
view's Protestant chaplain, It was Rev, Lenhardt! who preceded Shupp to the death
chamber at’12:3l asm, reading to him the 23rd Psalm, Shupp seemed almost in a

daze as he entered the chamber, His five-foot, three-inch body was lifted into: the
chair, He looked straight before him for a brief moment, then glanced from right to
left and then his lips moved as though he were speaking in concert with the céergy-
man just before the mask was placed over his-head and his arms and legs strapped
down, Exactly one minute later, Executioner Frank L, Wilson of Pittsburgh threw the
switch that sent 2,000 volts of electricity through Supp''s small frame, A veteran
newspaperman who has watched more than 50 executions at Rockview remarked of Shupp
after it was over: 'He' was vehy good,' Shupp's body has been claimed by his SONeee
Shupp was far from the cocky person he had demonstrated during the months immedia-
tely following his arrest and subsequent charge of murder, His usual sallow complex-
ion was paler and more pronounced this morning,, A fastidious dresser whose clothes
always fit him perfectly, Shupp this morning looked doubly abject in his black-
slippers, blue trousers slit up the, left leg, and white shirt open to his waist - the
regular garb for men condemned to the chair, Gone was the cockiness and the bold
front which he affected so conspicuously throughout his trial and confinement in
Lehigh County Jail, Twelve witnesses, ); of them newspapermen, were present, Robert
Clement Shupp, born in Trumbaversville on June 3, 1901, was a thin, small, mild and
seemingly inoffensave person on the night of Feb, 13, 199, That was the night a
chance encounter with Marian (Molly) Malck in an Allentown restaurant started a chain
of circumstances which led to Miss ‘alck's slaying in the back seat of a car and to
Shupp's death early this morning in the electric chair, , Shupp was 5 feet, 8 inches
tall- just an inch taller ‘tharl the girl, He weighed 103 pounds, and grayéng hair,
blue eyes, and wore glasses, Shupp had a way with women, ‘He was married 3 times - 2
of the marriages ending in divorces; the third made him a widowers; the first marriage
had made him father “df his only child, a son, But his ways with women had led him
into trouble, He had been arrested on at least 2 occasions for assault ‘and battery
on his wives, once in Allentown, once in Philadelphia, Shupp, an only son, had been
helped out of his troubles at times by his parents - and Shupp had been a respectable
citi,en, having served as a postmaster in Trumbauersville in the early 1930s, until
he started drinking, But when Shupp was arrested and charged with the murder of Marian
Walek, whom he intended making his fourth wife, Shupps aging parents, broken by the
news, hoped that their son would throw himself on the mercy of the court and spare
them and their estimable reputation further humiliation, They expressed no desire to
see their son from the time he was arrested to the time he was taken to Rockview,

Shupp, however, did not throwxhimself on the mercy of the court and = never, so far as
is known, ever expressed mercy Spr the soul of the woman he killed,

ON

Allentown, PA, Jane 7, 1951. (page )) aR

Despite, or maybe because of, his small stature, he had a cocky attitude, He demostra=
ted this attitude when he shrugged off the death verdict of a Lehigh county jury on
Jan. 7, 1950 ~ a year ago yesterday -.with the remark: 'This isn't the end of it. This
will be taken higher, You watch,' It wasn't the end, It was taken higher, but to no
avail, The State Supreme Court last Sept, 25 denied a plea for a new trial, The

State Pardons Board-last Nove 7 denied a plea to commite the sentence to life imprisonment,

Shupp shrugged off these disappointments with more demands for service in the solitary
confinement of a cell at Lehigh County Prison awaiting the last call, He flaunted his
bravado when he called for a Morning Call reporter on Friday after being told he was
soon tocgo to Rockview. : : We ge
"The story he told last Friday did not differ.materially from the defense he used”!
in fighting the prosecution's contention that he was guilty of premeditated murder

in the shooting of the woman upon whom he said he spent more thah $1,000 in 7 months
and to whom he had given a $350 diamondestudded ring as a taken of engagement, But
then Shupp' s bravado deserved him, Early Saturday morning in his cell he went into

a coma = induced by shock, remorse, fear, worry, or any one of a number of other
causes = no one, probably, will know definitely. And it was'on a prison. bed mattress
placed in a station wagon that Shupp made his last long motor ride Saturday to Rock-
view, He had often gone motoring in the past, He owned a Packard at the time he was
courting Mally walck. And it was in the back seat of that car on a lane off the 7th.
St, Pike near Helffrich's Springs in Whitehall, township that Miss Walck met her death.
And for several hours that night, Septe 6, 199, with ‘the dead body sprayled over

the back seat, Supp drove through Allentown streets, stopping off at several places.
"Shupp, at the time of his arrest, was a vacuum cleaner salesman, It was one of many
sales jobes he had held here, in Philadelphia and in New Jersey. And his places of
residence changed with the frequency of his job changes, with the only permanancy being
his parent's home in Trumbauersville, It was there in his son!s room that he got the
.38 pistol from which three bullets were fired into Miss Walck s body, He told police
several days after the shooting that he had been carrying the gun in the glove com-
partment of his car for sometime because he feared bodily harm from a former suitor
for Miss Walck's affections, Shupp contended that the shooting of Miss Walck’ was
accidentak. He told police authorities at one time that while in the back seat of his
car with Miss Walck ‘on Septe 6, 1919, that he reached over and got the gun from the
compartment, He said that Molly taunted him' when he' told her that ‘you got me in a
shape that I wouldn't mind shooting myself.,' Shupp said Molly told him: 'You don't
have the guts." And then Shupp said he raised the gun to his forehead but that Molly
tried to slap it away and ‘the gun went off,. Shupp realizing then that the woman was
dead, according to his statement, said: ‘I'm going to shoot myself over her body,'

But he didn't... MORNING CALL, Allentown, Pa., Jan.8, 1951 (1:1-3) Under byline of
Kenneth F, Sechler, Photograph of Shupp on this page,

"Robert.C, Shupp last night was reported in good physicial condition at Rockview peni-~
tentiary as jhe awaited execution shortly after midnight tonight for the murder of
Marian Walck, After collapsing at Lehigh county prison just before leaving for the
penitentiary yesterday, l9-year-old Shupp ‘remained unconscious until shortly after his
arrival at the prison at Bellefonte, but later was reported by the penitentiary phy-
sitian as being physically sound, 'The shock finally has worn off,' Rockview's deputy
warden said at 11:10 last night. ‘He's now in a sound sleep.'.,.Shupp was put to bed
in 'death row upon his arrival, There he will reriain under constant surveillance :
until execution early tomorrow. A prison official said that he’ never saw any priso-
ner in such a state of nervous collapse as whas Shupp on his arrival..." MORNING CALL,

No one could explain how
the murder knife was found
on the grand piano strings

seph Summerscale, called me

into his office that early after-
on of December 7, 1944, and handed
>a Slip of paper. His usual jovial face
is grim and his jaws were set hard.
“Read that,” he said.
It was a terse memorandum, tele-
aphic, typically police. .
“Woman. Mrs. Freda Wodlinger.
urdered. North Camac Street.”
That’s all. But that was enough. I
uld feel myself go stiff as shock and
ger flushed through me. I kept star-
g at the slip of paper, and then found
yself crushing it in my right fist. For
moment I wasn’t a cop at all. I was

A Y SUPERIOR, Lieutenant Jo-

sentimental man who suddenly had

ceived news of a terrible tragedy that
.d struck at his friends. :

For I, knew the Wodlingers, Mrs.
odlinger and her husband, Harry.
iey were old friends of mine. Good
ople—the kind of people you’re proud
have as close friends.

And besides, Harry Wodlinger had
on a high place in the real-estate
rcles in Philadelphia. He was rich,
ccessful, well-known. Mrs. Wodlinger
id a name in her own right. Socially
ominent, active in club and chari-
-ble organizations, refined, attractive,
e sister of one of Philadelphia’s out-
anding attorneys, she was a tender,

4

a Lan Sen rea

lovely and peaceful woman, with an ex-
tensive circle of friends .. .

Murdered! What for? By whom?
Why? "© .

“You know the Wodlingers, don’t you,
Sam?” ,

“Yes,” I said.

“Would you.like to find your friend’s

‘killer, Sam?”

“I'd like nothing better.”

“That's why I’m assigning you to the
case. Dan O'Mahoney and John Walsh
will work with you. Break it fast.”

I didn’t need that last order. I would
have pushed for that in any case. But
I had a feeling—many feelings—about
this job that I never had experienced
before. This was the first time in all
my eighteen years of being a cop that
I had been assigned tq a case in which
close friends were involved. And this
was murder! I felt as if I were about
to hunt down the killer or killers of a
sister. See what I mean? I felt an
anger that I never had felt before, a
determination, an unusual drive that
acted as something of a spur to all the
police knowledge I had accumulated
in my years from a flatfoot to a dick.*

Fast? As fast as I could.

“Okay, Lieutenant,” I said. “We'll
hop right over.”

But as I left to pick up Walsh and
O'Mahoney, I was conscious of certain

The Knife Slaying of His Own
Friend, a Prominent and Well-to-
Do Woman, in Her Swank Home,
And How He Had to Learn Which
Man, If Any, Was Pulling the

Strings in This Woman's Crime.

By Detective Sam Steinberg

Sixth Detective Division,
Philadelphia Police Department, as Told to

David K.

thoughts, and one went like this:

'“Friends, yes. But this is murder. Mur-

der turns up some screwy stuff. Never
know where the chips fall. Who the
killer might be. Never mind friend-
ship. Dig into it as if you didn’t know
them.” And then somehow I began
thinking that the Wodlingers had been
married for almost 20 years, and that
Harry Wodlinger was a mighty fine
husband, attentive and devoted and
very much in love with his wife. I felt
sorry for him.

It isn’t far from our police district at
York Road and Champlost Avenue to
the Wodlinger home; we arrived there
at 1:45 p.m. and stopped our car in
front of the house, a two-and-one-half-
story stone and stucco structure set
high on a terrace off the street and sur-
rounded by a wide lawn.

As we drove into the fashionable

Gordon

street we were struck immediately by
its quiet atmosphere. News of a tragedy,
such as murder, in any sort of street,
slum or exclusive, usually spreads fast
and attracts a crowd. But there was
no sign of it here. A few men and
women passed the Wodlinger house
without stopping or even looking to-
ward it. Only two cars were parked
in front of it.

That was the outside.

Inside we found one of the most grue-
some murders I ever have seen.

When we entered the home, furnished
in excellent taste with rare antiques,
imported rugs, original paintings and
genuine period furniture, we heard the
deep sobbing of a man somewhere in
the house.

We walked into the living-room and
introduced ourselves to another’ man
who had let us in. He said he was

Irving Weingrad, an attorney and a
close friend of Wodlinger. He seemed
stunped and he talked with an effort.

“The body’s upstairs,” he said. “In
the bathroom. It’s horrible.” ’

Weingrad sat down on the divan and
stared unseeingly before him. We ob-
served his complete dejection for a
swift moment and then went upstairs,
still hearing the hysterical wail of the
other man.

In the upper hallway we saw it at
once, midway down the passageway,
just outside the bathroom door. ‘Two
persons were kneeling over the body of
a woman—the beautiful woman who
had been Mrs. Wodlinger, now almost
unrecognizable.

I didn’t have to look twice to realize
Mrs. Wodlinger was dead.

Her once delicate and aristocratic
face was cut and slashed—obviously by
a razor-sharp knife—and was covered
by a mask of blood. Her arms and
fingers showed deep gashes and two
fingers of her left hand hung by threads
of fiesh.: The white shirt-waist she had
worn was ripped into shreds and her
clothes revealed even more deep gashes,
still slowly oozing blood. She was lying
just across the threshold of the bath-
room, the upper part of her-body in the
hallway. I glanced into the bathroom
and saw that the ceiling, walls and floor
were spattered with blood, almost as

though they had been sprayed by a hose.

Yes, Weingrad was right. It was
horrible. More than that, it was night-
marish, unbelievable. I have seen
murders in my time, plenty of them.
But never anything like this. And as I
looked at the body and into the bath-
room again there came my first con-
clusion, a swift theory which stuck in
my craw for a long time.

The killer was aman. And this man
was not a professional killer, not a thug
trained in the use of a knife. This was
murder by an amateur. The stab
wounds in her body were deep, as from
a long-bladed knife, the kind of stabs
that required the strength of a man.
There were a number of them, as if the
killer had kept stabbing and hacking at
her until he was sure she was dead, -or
until his frenzy to kill had subsided.

A COP’S imagination gets hot in mo-
ments like this. You begin to fig-
ure, get ideas, try to imagine a picture
of what had happéned, or what could
have .happened in so respectable and
civilized a house as this, and you try to
think of the emotions hidden behind
the ‘polished surface that could cause

- so ghastly a tragedy.

My imagination developed a picture.
Mrs. Wodlinger had run into the
bathroom for protection, because she
could lock the door and most probably
no other room in the house had a lock
on the door, (I’d find out.) And before
she had a chance to turn that lock the
killer broke in and knifed her, killed
her as she tried to protect herself with
her arms and hands. : ; ‘
What motive fired the murderer?
Pent-up hate? Jealousy? Revenge?
What was hidden in the apparently
Peaceful life of Mrs. Wodlinger to bring

Detective Sam Steinberg, co-author: "A cop's imagination gets hot in moments like
this. You begin to figure, get ideas, try to imagine... what could have happened"

her to such a brutal death ? Or was
entirely off the beam? Was my imag
ination tricking me into something tha
didn’t exist at all?

It was time to start finding out.

During these moments I was kneelin:
beside Harry Wodlinger, a well-buil
and handsome man of 46, as he sobbe«
his deep grief. He didn’t look at any o
us, didn’t realize we were there, in fact
and I thought of his reputation as :
swell guy, a soft-hearted and sympa
thetic man, easy-going, gentle, seldon
angered, a helpful, soft touch on th:
handout. This was a tough break.
knew it was going to be a while before
could question him, and so I motionec
to Walsh and O’Mahoney to get him t:
another room. They helped him to hi
feet and escorted him downstairs.

I looked at the other man. The tube
of his stethoscope were still in his ear:

“I’m Doctor Major,” he said. ‘“Docto
Charles P. Major. I'm the famil:
physician.”

“Who called you? What time di
you get here?” | ,

“Weingrad called me at one fifteen.
arrived about half-past one.”

“‘Was she dead then?”

“Yes. Still warm, but dead. She’
still a trifle warm.” |

“Who was here when you came?”

“Mr. Wodlinger and his friend, M2
Weingrad.”

“Nobody else?”

“No.”

“What did they tell you?”

**// ODLINGER, couldn’t talk. Wein
grad said they got here a littl
after one. He waited outside for Wod
linger to get his golf clubs—they wer
going to play golf this afternoon—an
then Wodlinger came running out of th

What emotions were hidden inside this well-appointed home in
North Philadelphia, where Mrs. Wodlinger was *

nifed to death?


mae

was first struck down in the yard and
then bludgeoned to death in the barn.
A tuft of burned grass, near the spot
where the lantern was lying, proved
ped the crime had taken place after
ark.

Blood splashed profusely on hay and

- burlap bags in the barn testified to the
ferocity of the attack. There were no
marks of a scuffle: Humpert must have
been either unconscious or too griev-
ously waunded to defend himself.

Dr. Crist soon announced that the
time of death apparently had been be-
tween the hours of 8 o’clock and mid-
night Monday—three days before.

The body was removed to a funeral
home at Bendersville for the autopsy;
and the investigators plunged into the
task of finding the killer.

Examination of the murder premises
revealed nothing in the way of a clue.
The murder weapon could not be
found. While Private Joseph Knipple,
from the State Police Bureau of Iden-
tification, continued to dust the house
and barns for prints, and to make a
-series of photographs, the other investi-
gators busied ves questioning
the neighbors.

Prosecutor Yake particularly wanted
to learn why Humpert had sought to
talk to him on the afternoon prior to
his murder. Had he received a threat?.
Had he been slain because he at-
ed to report a violation of the

ws

The neighbors couldn’t recall any re-
cent disturbance in which Hum
had figured. However, the driver of the
car in which the victim had returned
to his farm was soon identified. He
turned-out to be a reputable neighbor,
who had given Humpert a lift into
town and back.

“He never said one word as to why
he wanted to see Mr. Yake,” the neigh-
bor averred. “But I have my own ideas
about that.”

“Such as what?” demanded Sergeant
Duhrkoff.

“Well, while Humpert was a decent,
God-fearing man, he was greedy for
money—something of a miser. They
say he’s worth $50,000, yet he never
got electricity on the farm. And his

house hasn’t had a coat of paint since

some of General Meade’s soldiers

stopped there to get drunk after licking
the Confederates. .. .”

“What's all that got to do with the
murder?” interrupted Détective Par-
sons.

17 Head Wounds

“Just this—I’ve heard that Herb
loaned out money at pretty good rates
of interest, and if you didn’t pay on
time, then you were in deep with the
devil!” :

The investigators soon learned there

was more than a semblance of truth in -

the neighbor’s suspicions. They found

five men in Tyrone Township to whom

Humpert had loaned money. All but

one readily produced receipts to indi-

cate the money had been repaid.- The

~ fifth man was Carl J. Thierry—and he
was missing! ,

“He left here about two days ago—

22 said he was going to Philadelphia to

buy a thresher,” his wife informed the
sleuths. “I haven’t any idea why he’s
taking so long.”

-A neighbor volunteered the infor-
mation that five days previously he had
seen Humpert talking ‘to Thierry in a
lane near his home. From their ges-

- tures and loud voices it appeared there
was considerable disagreement be-
tween the two.

The second questioning of Mrs.
Thierry heightened the suspicions of
the officers. She admitted her husband
left the house early Monday evening
and didn’t return until around 1l1
o’clock. “But that’s nothing unusual for
Carl. He usually drove into Gettys-
burg or Bendersville about three njghts
a week to talk to his friends.”

A tracer on Thierry was flashed to
the Philadelphia police, and all state
police ‘substations were warned to be
on the lookout for the 1938 Dodge he
was driving.

-The following morning, Dr. Crist
and Dr. C. Harold Johnson, after com-
pletion of the autopsy, revealed that

: precise. cause aa Suerte death
was an intercranial hemor-
rhage resulting from no less
than 17 severe head wounds.
In addition .he had. been
cruelly beaten about the face,
and both ears had been al-
most torn from his head.

A second and more com-
prehensive search of the
murder ‘scene failed to pro-
duce any further clues.
Trooper Knipple revealed
that-a careful check showed
that all the fingerprints found
at the scene were those of
the victim.

- Shortly after noon Carl
Thierry voluntarily presented
himselt- at the Gettysburg .
substation with the declara-

_ tion that he “had nothing to
hide from any officer.” Ques- ‘
tioned by District Attorney - &
Yake and Corporal Jenkins,
he asserted he had spent an
unusual length of time in
Philadelphia for the simple
-reason that he had a great
deal of. difficulty finding the
type thresher he wanted.

“Where were you Monday night?”
Jenkins asked.

“Right after supper I drove over to
Aspers and talked to a friend—asked

him what was the best place. to find a

thresher in Philly. Then I drove into
Gettysburg and stopped by the Sure-

Shot Poolroom and killed a little time |

there. Didn’t play any—just watched.
Then I bought some candy for the kids
and went home.”
Examination of the apparel of the
suspect and his car failed to disclose
bloodstains. He -admitted having an
argument with the dead man over‘ his
outstanding loan; but asserted . that

Humpert had accepted his promise to’ -

wait until the following September.
~Pending a check into his alibi, Thierry
was released. =
At Aspers, Tierry’s pal confirmed the
fact. that he had conversed with the
suspect from around 7:30 p.m. until 15

Because of a damaged fender and a missing
hub cap, the convertible used by the duet
of slayers was easy to trace and identify.

‘dead end, however.

Ce

minutes before 9. At the Gettysburg
poolroom, both the proprietor and an
attendant recalled that the’ corpulent
farmer had been there until a little
after 10 o’clock. A hunt for candy for
the children, together with a leisurely
drive back home, could easily account ‘their agents wou
for the remaining hour. Seemingly ness merely to o
there was no‘loophole in Thierry’s “It looks like
alibi. commented Par
The investigators turned to other question is—why
possibilities. A check into. Humpert’s for Humpert?”
background revealed two facts that Though the r
appeared to carry some significance. Gettysburg are li
Five years previously the red farm- © time when the
house was burglarized and a sum of _ Longstreet’s ret)
money taken from an ancient trunk — echoed despairin;
in the dining room. The crime was lows, several b
never solved. Then, a little less than ~ sprung up along
three years previously, Humpert ex- ‘ crossing the famo
hibited interest in a 50-year-old widow ~ and Parsons now
who lived near Mount Holly Springs. | eone—Cashtown, O
There was an ardent courtship for sev- Knighton, Seven ‘
eral months, but at last it ended and But everywher:
the widow married a railroad worker. _-disappointing resi
The burglary suggested another at- _ seeing the two we
tempt may have been made to get | actions had arous
Humpert’s hoard, resulting in his mur- in the hamlet of
7 three miles from

Revenue Depart
and learned that
conducting an in
Township. The g<
_ further averred i

} an old codger r
| response to their
“Sure, I remem]
. “I work for the
_ and I was helping
) 34, right outside
| two other worker:
| came along and
> names. I don’t re
“Mames except He
| asked me where
| Over near Aspers.
Y “Did you notice
s2x - asked Parsons ten:
si “Nope, but I re:
| fender of their Fo
just been smashed

r ‘was missing, too. I
eee and kind of opine

der. And. yet the viciousness of the
slaying turned keener attention toward
Humpert’s only fling at romance. In-
vestigation in this direction came to a

Corporal Jenkins and Detective Par-
sons, scouring Tyrone Township, finally
picked up another clue. Harry Baugher,
a farmer residing a mile from the
Humpert place, informed them that OS
on Monday afternoon two strangers Bae
were in the vicinity, asking about a Ba
number of men and where they lived. MM

“Both of them were well dressed, and
they drove a shiny Ford convertible.
They asked me the names of three or
four men. I didn’t recognize any of the B
names except that of Humpert. They’
told me they were from the United
States Treasury, making a tax checkup.
I told them where Herb Humpert lived,
and they drove off.” g

Jenkins checked with the Internal:

Cad


42

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and neither broke their moody silence.
Since Simmons seemed more agony the
sleuths decided to quiz him fir

However, it soon became i that
he was not the weak sister of the duet.
He steadfastly denied any knowledge of
the murder. He even denied that he had
ever heard of Herbert Humpert.

Staley was tested next. He tried to
maintain his earlier air of bravado. When
District Attorney Yake reeled off the
names of the persons who had observed

‘the convertible near Humpert’s home on

the murder afternoon, however, Staley
lapsed into silence.

“You pointed the finger of guilt at
yourselves when you washed the car at

3 o’clock ca the morning,” Yake declared.

Staley’s blurting admission came almost
instantly. “Yeah, I guess that was the
only wrong thing we did. I thought we
had covered up pretty well. Why, we
even bought a new set of tires for the
car, and both of us changed the heels and
soles on our shoes... . . I still don’t see
7 ou knew it was us.”

ey then made a detailed confession.
He told the officials that two weeks prior
to the murder he and his pal Simmons had
“double-dated” in Harrisburg. When they
took the girls home Simmons remarked
that he needed money—dating girls, he
said, was an expensive proposition.

“He asked me if I had any ideas,” con-
tinued Staley, “and I told him we could
maybe get. $5,000 from old man Humpert,
who lived near Aspers. Some guy had
once told me a burglar took $2,000 from
a trunk in Humpert’s house and the rob-
ber was never found. This had stuck in
my mind. But I didn’t know exactly
where Humpert lived.”

Staley went on to reveal that the plot
was concocted over a period of a week,
and on the morning of March 24 he and
Simmons drove to Aspers to locate the
house. They examined mail boxes in the
area, but failed to find the name of
Humpert.

“We finally decided to ask some people,”
Staley said, “and to play safe, we asked
for parties we knew lived in Mechanics-
burg and then slipped Humpert’s name in.
Finally some old guy told us where he

lived. We drove by the place and looked

it over. It looked hard to me and easy
to Ray. We drove back to Gettysburg
and talked it over while sitting in a res-
taurant drinking. At 10:30 pm. we de-
cided to pull the job. When we got there
Ray parked the car on the road. I put
on a pair of gloves, while Ray picked up
a hammer. It was my job to rob the house
while he took care of Humpert.

“The house was dark. We knocked on
the front door. Then we went around to
the rear. Somebody hollered, ‘What do
you-want?’ I told him we had tire trou-
ble, and that I would like to borrow a
jack. He said all he had was a ve
jack, and I told him that was fine.
came ‘to the door carrying a lantern Fe
closed the door behind him. He led the
way to the barn.. When we got about
halfway Simmons jumped him and hit
him with the hamnealie I ran to the house
and I heard him hollering, ‘For God’s sake,
don’t!’ When I reached. the house I found
he had locked the door. I ran back and
told Simmons. He. slugged Humpert
again with the hammer, and the old man
said, ‘Here, for God’s sake take, take it!’—
and handed us a key.

“When I got inside I began hunting in
the living room. I found a flashlight and
used it. Then Simmons came in. We be-
gan hunting together. We looked under
the furniture, in the mattress and feather
bed, in all the dressers. We found noth-
ing, and Ray was cursing. We went back

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the proprietor and an
od that the’ corpulent
n there until a little
A hunt for candy for
‘ether with a leisurely
», could easily account
ing hour. Seemingly
loophole in Thierry’s

tors turned to other
check into. Humpert’s
ealed two facts that
rry some significance.
viously the red farm-
‘larized and a sum of
‘om an ancient trunk
oom. The crime was
hen, a little less than
viously, Humpert ex-
n a 50-year-old widow
Mount Holly Springs.
dent courtship for sev-
t at last it ended and
‘ied a railroad worker.
suggested another at-
ve been made to get

i, resulting in his mur-_

Revenue Department at Harrisburg
and learned that there were no agents
conducting an investigation in Tyrone
Township. The government tax officials
further averred it was unlikely any of
their agents would reveal their’ busi-
ness merely to obtain road directions.

‘It looks like they were phonies,”
commented Parsons. “The jackpot
question is—why were they looking
for Humpert?”

Though the rolling fields around
Gettysburg are little changed from. the
time when the last shot of General
Longstreet’s retreating rear-guard
echoed despairingly through the hol-
lows, several bustling towns have
sprung up along the highways criss-
crossing the famous battlefield. Jenkins
and Parsons now began to visit each
one—Cashtown, Ortanna, Fairfield, Mc-
Knighton, Seven Stars.

But everywhere. they met the same
disappointing results—no one recalled
seeing the two well-dressed men whose
actions had aroused suspicion. Finally,
in the hamlet of Flora Dale, less than
three miles from the Humpert farm,
an old codger nodded his head in
response to their questions.

“Sure, I remember ’em!” he asserted.
“I work for the highway department,
‘and I was helping lay gravel on Route
34, right outside of town. I was with
two other workers. These city slickers
came along and asked wus_ several
names. I don’t remember any of the
-names except Herbert Humpert. They
asked me where. he lived. I told ’em
over near Aspers.”

‘Did you notice the license plate?”
asked Parsons tensely.

“Nope, but I remember the left rear
fender of their Ford looked like it had
just been smashed up. The left hub cap
was missing, too. I pointed it out to ’em,
and kind of opined it must have hap-

pened on that narrow detour we're fix-
ing. They didn’t say where they got the
fender busted, but made some remark
“about people being as hard to find
around here as ‘needles. Then they.
drove off.” os
The highway worker described one

of the mén—the one behind the wheel.

—as being young and smooth-shaven,
with dark brown hair combed slickly
back. The fellow seated beside him
appeared to be stockier in build, had
dark, piercing eyes, thick black’ hair,
and a small mustache.

A Girl Witness

Elated at the minuteness of the
descriptions; Jenkins and Parsons re-
newed their efforts to track the Ford
convertible and its occupants.

“I’m getting certain about one thing,”
declared Jenkins as he tooled toward
the hamlet of Biglerville. “Every name
they mentioned with the exception of
Humpert was strictly a phony, just a
ruse to throw off suspicion.”

‘Tll tag along with that,” nodded
Parsons. “No one appeared to recog-
nize any of the names except that of
Humpert. Humpert was the target all
right, and they’re a pretty crafty pair.”

Four solid hours of legwork in the
cluster of villages dotting Route 34
brought nothing further encouraging.
The investigators returned to Gettys-
burg and reported to District Attorney
Yake.

“Their asking repeatedly for the resi-
dence of Humpert proves they had
hand-picked their victim,” agreed
Yake. “And the fact that they didn’t
know exactly where he lived might
indicate something else—a crime com-
mitted by hired assassins!”

For an hour the officials discussed
the ramifications of the case. The up-
shot was a decision to concentrate

evéry police agency in the state in a
determined effort to trail the black
Ford convertible with the smashed left
fender.

‘On the following day the contents
of Humpert’s will were revealed. His
estate was in excess of $35,000. Al-
though he had been. shrewd and -ex-
acting in his financial dealings, the will
revealed the elderly bachelor never
forgot a kindness or a favdr. Several
bequests were made to persons who
were simply termed in the will as “my
friends.”. The residue, after the specific
bequests, was divided between various
nieces, cousins and two sisters,

Study of the bequests failed to arouse
even a glimmer of suspicion. Each per-
son named bore an unimpeachable
reputation. (Continued on page 41)

This told

officers of

plotter
the precautions he and his pal
had taken in an effort to throw
trail.

the detectives off their

yed fender and a missing
ttible used by the duet
/ to trace and identify.

the viciousness of the _
keener attention toward

y fling at romance. In-
this direction came to a
ever.
ikins and Detective Par-
Tyrone Township, finally
her clue. Harry Baugher,
iding a mile from the
e, informed them that”
ifternoon two strangers
vicinity, asking about a
n and where they lived.
m were well , and
shiny Ford convertible.
ie the names of three or
dn’t recognize any of the HM
that of Humpert. They
were from the United
-y, making a tax checkup.
yere Herb Humpert lived,
7e off.”
ecked with the Internal

"He

the death penalty are

probably crawled into the
barn himself,"" said the second

- plotter, speaking of the victim.

"| know | didn't put him there.”

The jurors who ultimately voted
ictured
at the exact spot on the farm
where Humpert was struck down.

23

e turned to
ls, a brother
vere pals of
otten around
ved in Fort

‘r, eh? That
to reveal the
it him to the

the prisoner
that garage
ow anything

rinted. The
e’s rear-view

been made
nb. Still the

ed

spital identi-
| brought the
loyes of the
him, as did
store. Both
on the Chev-
any safe.
putable  evi-
nade a brief
t his role in
oeen that of
claimed that
goin,
rom his
er, Bur-

yught to trial
court at Ta-
iilty of first
imendation of
ice sentenced
May 12, 1939,
At this writ-
time in the
rd.

nter, in pay-
1 out that the
e convictions
testimony of
in which the

nt be added,
ctives in the

rs

32)

hiding-place
s hot goods

work alone;
this rule.

re always dic-
y the style of
to the picture
and punctua-

vhere agree on
their shots in.

test chemical

irements show
le averages 35

ditional nick-
fs out any
is yourself by

ies each letter
a column of

iia a si ae

Blood Money for —
‘Their Double Dates

(Continued from page 23)

Meanwhile Jenkins and Parsons, as-
sisted by nearly a score of state troopers,
were engaged in the task of checking
dozens of owners of black Ford corivert-
ibles in the central Pennsylvania area.
By nightfall none had been found answer-
ing the descriptions of the two suspects.

On the sixth day of the relentless probe,
a patrolman on the Gettysbu force
mentioned to Jenkins that several nights
previously—he believed it was Monday
night—a Ford convertible was parked in
front of Wills House, which is familiar
to thousands of tourists as the spot where
President Lincoln slept the night before
he made his Gettysburg address. Since
the car was partially parked in a ‘cross-
walk, the patrolman had warned the oc-
cupants away.

But what sent Jenkins’ pulse to pound-
ing was the patrolman’s assurance that
one of the two occupants of the car had
coal-black hair and a thin mustache.
“They talked for a few minutes to a girl

they seemed to know, then they drove:

away,” the patrolman related.

“Who was the girl?” asked Jenkins,
fairly holding his breath. The patrolman
did not know her name, but mentioned
her place of employment in the Gettys-
burg business district. i

It took the investigator less than an
hour to locate the girl, who was a pretty
brunette. She remembered the incident
in front of the Wills House.

“I had just come out of the drugstore
when those two fellows called to me,”
she said. “I recognized them as the men
with whom a girl friend of mine, June
Preston, had driven down from Mechan-
icsburg one Sunday afternoon. They of-
fered me a lift home, but I could tell they
had been drinking and so I declined.”

“What are their names?” asked Jenkins.

The girl shrugged. “I don’t know for
sure. I think one is called Bob and the
other Ray. If you go to see June Preston
in Mechanicsburg she ought to be able to
help you.”

Jenkins and Parsons drove the 34 miles
to Mechanicsburg. To their disappoint-
ment, the proprietress of the boarding
house where June Preston resided in-
formed them that the girl had gone to
Philadelphia the previous day, Sunday,
and had not returned.

“But she’s due back at work tomorrow
morning, so I guess she’ll come back
tonight.”

“Did she go alone or with some friends?
Someone told us she was friendly with a
fellow who owns a Ford convertible.”

“Oh, you mean Ray Simmons! No, she
didn’t go with him. She went with a girl
from the house. Has she got in trouble?”

Jenkins shook his head. “No, we're just
checking on an automobile accident.
Seems as if the young man who has the
Ford convertible. got his fender banged
up, and it was the other fellow’s fault.
You say his name is Simmons?”

“Yes, but June doesn’t date him. She
goes with his friend, Bob Staley. He lives
right up that street in that white frame
house second from the corner. I always

‘told her Staley is no good, just a shiftless

no-account.”

Thanking the woman, the sleuths went
back to their car and discussed the next
move. They decided against precipitate
action.

“Let’s scout around the neighborhood
and see what we can find* out before

approaching Staley,” suggested Parsons.

Within thirty minutes the investigators
learned that the landlady’s opinion of Sta-
ley was shared by almost everyone who
knew him. He worked irregularly and
was a heavy drinker. Three weeks pre-
viously he incensed the entire neighbor-
hood by addressing coarse remarks to an
eighteen-year-old girl.

Two doors from the home of.-Staley, the
investigators interviewed a housewife who
said that over a week ago her husband
had mentioned a curious incident.:

“My husband runs a filling station,”
she related. “He told me that Ray Sim-
mons and Bob Staley came to his place
at 3 o’clock in: the morning .and asked
permission to wash their car. He said
O.K. He noticed that Simmons’ hand was
swollen, and asked what had happened.
Ray said he had been in a fight. Every
time my husband tried to walk. over to
their car, either Simmons or Staley would
take him back in the station on the pre-
text, of asking some foolish question.”

The filling station operator himself con-
firmed this story. “I thought 3 o’clock in
the morning was a strange time to wash
a car,” he said, “but Simmons had been
a good customer and I didn’t see any
reason to refuse him permission to use
the hose.”

“Does Simmons’ car have a smashed left
fender?” asked Parsons.

“Yes, but I believe it’s been damaged
for some time.”

Two Suspects Nabbed

“Exactly what kind of story did he tell
you?” demanded Jenkins,

“He said that two troopers chased him
for speeding, but he gave them the slip.
He told me that if anyone asked about
him—where he was that, night—I was to
say he was working on his car at the
filling station. I told him that I wouldn’t
lie to any police officer.”

“When did they wash the.car—do you
remember the exact date?”

“Sure I do. It was Tuesday morning,
last week.” ; ;
This placed the incident just» a few

hours after the time that Coroner Crist
had estimated Humpert was slain.

Jenkins radioed a report to state police
headquarters at Harrisburg. Presently
District Attorney Yake, Sergeant Duhr-
koff and Detective James Walsh_ rolled
into the street where Jenkins and Par-
sons were maintaining a vigil over Sta-
ley’s house. A tense conference ensued.
It was quickly decided that sufficient in-
criminating evidence now existed to war-
rant an arrest.

With local police assisting, two cordons
of officers surrounded the houses of Staley
and Simmons simultaneously. But they
learned that neither of the suspects was
at home. Both had left their residences
early that morning and had not returned.

Squad cars began prowling through
every street in Mechanicsburg. An hour
later the black convertible was spotted
in front of a restaurant in the north end
of town. The smashed fender and the
capless rear wheel identified it.

The officers poured into the cafe and
found the suspects sitting in°a booth.
Empty bottles on the table indicated they
had been engaged in a lengthy beer-
drinking bout.

“Simmons and Staley, you’re under ar-
rest!” announced Sergeant Duhrkoff.

Simmons, neatly dressed and groomed,
appeared stunned by the appearance of
the police. But Staley demanded belliger-
ently, “Arrested for what?”

“Not for speeding, I can tell you that!”
was the trooper’s sardonic rejoinder.
“Come on, we're going to headquarters!”

During the four-mile ride to Harris-

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show of emotion. His attorneys promptly
entered a motion for a new trial, and
Judge W. C. Sheely postponed sentencing
until their appeal could be perfected.

Two days later Robert Staley was placed
on trial. After only two days the jury
returned a verdict of guilty in the first
degree, but recommended life imprison-
ment. Judge Sheely, after condemning
the. brutal crime in scathing terms,- for-
mally pronounced the sentence—impris-
onment in Eastern Penitentiary for the
remainder of his natural. life.

Simmons at this writing is still making
a bitter fight to escape the chair. Since
Pennsylvania’s legal code provides specific
and involved procedure for any person
appealing a death. sentence, it will be
many months before he learns his ulfti-
mate fate. F

Eprror’s Nore: To spare possible em-
barrassment to innocent persons, the
names Carl J. Thierry and June Preston,
used in this story, are fictitious.

The Girl in the Case

(Continued from page 15)

divorce records, was Lois’ former hus-
band.

He located the man at Avenal, a dour-
faced, angry-eyed little fellow in his early
40s. Clyde plopped into a seat in the
man’s home and asked him why he had
killed Delbert Rasey. Brown calmly de-
nied all guilt and then, for 15 minutes,
lectured the sheriff on the right of officials
to make false accusations.

“We've got to check out every possible
angle,” Clyde observed mildly. “Innocent
people don’t object to our doing our-duty.”

“That doesn’t give you a right to accuse
me of murder. Sure, Lois got a divorce
from me. How does that add up to mak-
ing me the Rasey killer?”

“You own a .32-caliber gun?”

“Never had such a thing in my pos-
session!”

“You were jealous of Lois, weren’t you,
Elmer—even after she divorced you?”

“You’re damned right I was jealous of
her. What man wouldn’t be? ‘ got over
that, though, a long time ago.”

“You knew she was seeing Delbert
Rasey?”

ON, sir. I didn’t know Rasey.”

“Where were you on Thanksgiving
Eve?”:

Brown smiled. “That’s easy. Rasey
was killed around 10 o’clock, right? At
10 that night I was in Fresno, 50 miles
away, having my truck worked on in a
garage. I can prove that because I’ve got
a repair receipt. Also, I’ve got a ticket
showing I went to an all-night show in
Fresno that night. ,, Wait a minute and
T'll_ get ’em for you.”

Clyde waited in silence until Brown
returned with a salmon-colored ticket
bearing the name of the State Theater
and a repair sheet issued by the Subway
Garage, both in Fresno.

“This .should convince you,” Brown
said. “All you have to do is look at this
repair statement. It shows I brought my
truck in at 10:30 the night of November
21. Rasey was killed around 10, and you
know, sheriff, you can’t travel 50 miles in
half an hour unless you’re using a plane.”

“Go on,” Clyde said stonily.

“What else do you want me to say? Isn’t
this repair statement enough? The ticket
stub has a serial number on it. Ask the
State Theater people what time the ticket
was sold. It'll er I was in Fresno all
that night and I couldn’t ‘have had any-

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thing to do with'R
“When did you, |)

to head north?”
“On the thirteent!

Oregon. Stonned 09)
pal of min iW
dealer. You :
him if I dic |

you whether I had®
I kept on north ar
here. The truck

trouble everywhere
tor missing, head

stopped off in Fresr
night of the twenty-
it. I-tell you, sheri
best in the world. J

Brown’

Clyde hesitated.
hold you,” he said
stands up you're a f1
have our apologies.
care of you here.”

“Don’t make an
I’m not leaving un-
til you give me a
clean bill of health.
Send your boys out
and convince your-
self I’m _ innocent.
You know, sheriff,
even if I was jealous
of my ex-wife I
wouldn’t have done
a thing to Rasey.
.’m not that type.”

Brown good-
naturedly accepted
a cell and Clyde
talked over the de-
velopment with In-
vestigator Owen M. |
State Bureau of Cr
and Investigation at
been sent down to |.

“Brown’s: lying,” C
“Just look at this tic
State Theater in Fr

Kassel studied it.

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used. A used ticke:
one is intact
part of a pre a

Kassel nod: C
about this repair sta
truck? It shows the
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“I want a check
Garage at Fresno,”
it’s a new policy, br
have you heard of
exact time a man |}
repairs? There’s sc
and it’s up to us to

Clyde, Kassel, Dre
journeyed to Fresno
at the Subway Gar
diately they discove
Brown’s story. He
truck in at 10:30 the

first, despite the re
tually he had come i
gave him plenty of
miles after Rasey’s
They saw then ho:
plished this neat’ t
night foreman at the
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had worked on it,
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repairs. Brown had
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purposes of guarant
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over a pile of magazines sitting on a vic-
trola. And there was a brown folder. It
was full of money. We took a few minutes
to straighten things up and then left.”

Courtroom Finish

Staley related that he drove back, and
when they reached a bridge near Shep-
herdstown Simmons hurled the hammer,
the flashlight and key into the creek.
Reaching Mechanicsburg, they went to
Simmons’ room. Opening the folder, they
found $129 in cash, a bankbook and a slip
showing a recent deposit of $12,000 in the
Bendersville National Bank. After di-
viding the money, each took showers and
changed clothing.

“We bundled up our clothes,” continued
Staley, “and drove to the covered bridge
at the Camp Hill Country: Club.
of the boards were off, and we threw our
clothing into the stream through one of
these cracks. We burned the bankbook
and deposit slip, then kicked the ashes
into the water. Then we went to the
service station to wash the car off. It had
become stained from the blood on our
clothes.. The next day Simmons bought
four tires and threw the old ones into the
dump at Hershey, where: there’s a fire
always burning. Then he got the idea
that we might have left marks in the
ground with our shoes, so we went to a
shoe repair shop and got new heels and
soles. And that’s about all, except I want
to say I never hit the guy—that was Sim-
mons’ job.” .

Staley willingly retraced the route
taken to the scene of the crime and
pointed out where the hammer and cloth-
ing had been deposited.. Troopers were
assigned to drag for the incriminating
articles.

Back in Harrisburg, Simmons was con-
fronted with Staley’s confession. He pre~-
tended disbelief, but after a while broke
wide open. He, too, was taken over the
murder route, and his confession tallied
with that of Staley. However, he insisted
that when he left the farm Humpert was
still alive, sitting-in the yard and holding
his head. ‘

“He .probably crawled into the barn
himself—I know. I didn’t put him there,”
asserted Simmons. :

News of the youths’ arrest in the brutal
murder brought a new development, re-
vealing further proof that “honor among
thieves” is strictly fiction. A young
woman presented herself to the Mechan-
icsburg chief of police and handed him
$1,310 which she asserted Staley had given
her to keep for him. On three different
occasions he had drawn sums totaling
$270. Tearfully she insisted that she had
been completely ignorant of how the
money was obtained. :

District Attorney Yake confronted: Sta-
ley with this information and he admitted
he had duped his partner into believing
that only $129 was in the folder, whereas
he had actually found more than $1,700.

Incidentally, the investigators were nev-
er able to ascertain why Humpert had
visited the district attorney’s office shortly
before his death. The exact nature of
his mission there remains a mystery to
this day.

Justice moved swiftly to exact retribu-
tion for the murder of Herbert Humpert.
A month and two days after his arrest,
Ray Simmons went on trial for his life in
Gettysburg. District Attorney Yake and
Special: Prosecutor Daniel E.. Teeter
presented ‘the damning evidence. This
included the hammer and the bloody
clothing which had been recovered.

On May 6, 1947, the jury delivered the
verdict: “Guilty of murder in the first
degree, with the death penalty.” neo

Simmons accepted the verdict with little

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43


Manya aliases

PLACE — CITY QR COUNTY DOE & MEANS

PaSP (Lackawanna County) Fy 3-31-1930

OCCUPATION RESIDENCE GEN

DATE
Murder | 222-1929

victim

John Lowry, taxi driver

sYNOPSIS .

~ont to Huntington Reformatory in 1918 after he had stolen a car and shot and wounded two men who
sursued Tin, arrested again in July, 1921, on car theftcharre amt retured to thre-reformaterys
KKEXKEAKEN Transferred to Hastern nenitentiary tn 1923 and finished serving sentence, being release

Sait ih amanto dvivon hy James Donahue and rade throuchsut
GEL¥VeRn—oY aMmes—y We—ans 9 AYouS S

EECIES

54-39 25,—On uu 19 25,catted cabin South Seranton 2
rizht, stopping at several drinking places. Driver became suspicious and stopped at stand when
Sloat asked to be taken to Lake Goranton, Sloat had no money and it was believed that he planned
to kill driver. Sentenced to 1 year in county jail for concealed weapon and paroled 7 months later.
Managed to keep out of trouble until arrested for Lowry slaying. Lowry disappeared on nite of 2-29—
1929, “after answering call for cab and body found two weeks later in Rockwell's Creek along Morgan
Hiehway three miles from Keyser Ave., North Scranton, Cab found, bloodstained, in woods hwo miles
from Runnemede, Ny Jey On ZAMZT 2-4 but identity not established and Scranton notified until ?’-Id.
Taxi signs had been removed, Sloat; cohton-law wifey Julia XK#d Flesher3 sixter, Mary Lillian Sloat
and-her boyfriend, > 7 STH Mit sister—and Saunders arrested on Seth in—
Camden, Ne Je Sloa er arre ‘-15 in Philadelphia restaurant. Police secured
sLat-oments _fromother threeim ine § ho-vehanently—denied, They-said Sloat had bragged
to them of murder, Told that b s buri rocks and body found there.
Had been shat in hack of head, jturned white but turned back
on crime scene and continued to deny. showed he was
t night. Former comnanions, inc Luding Miss Flesher
rry in jail also testified as did Saunders,
at she was with him when it was abandoned, Sloat himself decided
offered only 25 minute defense, fis Rawy er
of Sloat which halted trial for lh days he vas not
able to go through ordeal, § “toatts rooming house was identified as~one
carried by Lowry on night of disappearance, Jury deliberated only one hour, “hen verdict announced
estioosed-and-erted for-t5—mimites—in courtroom: —“hen being ted outs he turned—and _sereamed +9
judge and jury: "You'll find out} You'll find out! Saunders framed me, He has no heart, You'll
find out, and it won't be long, (Fxccution When Sloat anneared, there was a dazed expression on _
face,2 faraway look in glazed eyes. Was crying bitterly as guards, holding him under armoits,
half lifted him into the chair, "T don't have to gol" "Let me talkt" “Give me a chance," he
serena med as mask Lowered over face, Groaned until Kukx switch thrown at 7:03 AM, While talking
with Chaplain before hand, cryed constantly and refused religious consolation, saying he had been
framed by Scranton police because he had been a witness to their having Killed a girl in jail.
Lowry's father witnessed execution.

EESTI SY

Les A

APPEAL

U7 ATLANTIC 83h

LAST WOROS

EXECUTION

SOURCE GCRANTON TIMFS, Scranton, Pae, March 31, 1930 = photograph page one

FRANK NEWTON OFFICE SUPPLY-OOTHAN


on his face.

ned on him
sed him had
ined to taunt

nkelback, as
1oved slowly

sanford’s de-
ed him. He
any of the
ick seat, be-
should have
es. Sanford
had spoken
rg to detec-
man of me-
‘ooked nose
it side.
ed informa-
s known to
Vhittemore,
York. Ac-
darticipated
senger there
y.

received a
features of
ly occurred
le searched
rg’s record,
“ow, He
viously

satisfy the
that New
t made his
Coughlan.
it full-face
2 detective
study the
page 61)

%
Zz

ad

MASTER DETECTIVE, March,

WADHIEME ST Pe Ke TM eS ees”

SLOAT, Ralph Russell, wh, elec. PA (Lackawanna) March 31, 1930.

. 1930

The Sinister Mystery of
KEYSER

3. L. i : : i
AUTOMOBILE gum
[FOUND HERE} S™"—

‘MARKS ROUTE—
OF CAR BEFORE |
|AND AFTER CRIME |

VALLEY

{AUTO STARTS]
OUT HERE |
“9. BeRANTON PENNA.
| : od ssid’ a * "7 <9
be MURDER a: ODEN
C Y a
a e

Murder for transportation! That was the unusual motive in this

infamous riddle—a crime that had them all guessing!

By (. HARRY IRETON

County Detective Staff
Camden, New Jersey

As told to ALAN HYND

HE hands of the clock in the main office of the
Thropp Taxicab Company of Scranton, Pennsyl-
vania, stood at half past. seven. It was Saturday
night, February the 2nd, 1929.

The telephone rang.

John Lowry, twenty-year-old son of one of the owners
of the company—and a driver for the concern—lifted the
receiver and shouted a brisk “Hello”.

“Send a cab down to Adams and Olive right away,” said
the voice on the other end of the wire.

“Adams and Olive? Righto! I’ll be there in a couple
of minutes,” answered Lowry.

Then, turning to some of his fellow drivers, Lowry said:

“Going out on a call. See you later—if | don’t freeze
to death.”

The night was bitterly cold; Scranton was in the grip

of a severe cold wave which was sweeping over central.

and western Pennsylvania.
Lowry donned his overcoat, being careful to button it

up to the neck, yanked his cap well down over his brow

_ and stepped into the night. The young driver was a good-

looking chap. Dark complexion, medium height and
athletic build. As he walked toward his cab—a new
Willys-Knight sedan—he had no inkling of what was to
happen before the passing of another hour... .

Starting his motor, Lowry drove swiftly toward Adams
and Olive Streets, in the center of Scranton’s rooming-
house district. In a few minutes he drew up at his
destination and looked about inquiringly for the man
who had summoned the cab. A stranger emerged
from the shadows of a doorway and approached the
machine.

“Is this the cab I called for?” he inquired of Lowry.

“It is. Where do you wish to go?” asked the driver.
whose language and mannerisms were anything but typical
of the average hack driver.

“I’m going to Philadelphia—and | want to get there as
fast as possible.”

3]


cab at Adams
‘ said they saw
ne people had
* The latter
rect.
detectives had
© stranger had
re had made
e Streets, the
that district.
confectionery
information.
iyone make a
here at half
n on Satur-
t?’” a sleuth
of the Kline

was the
ply. “A man
here about

and called a
did he look

t get a good
m. His coat
pulled up
p was pulled
r his face.
“-'ked into
mumbled
‘ranted to
phone call,
ck to the
dropped his
he slot. He
suspiciously
lat reason I
the number
It was 5211
ognized that
’ number of
90 taxi com-
just asked
and rushed
ie store. I
ter he left.”
e sleuth, “as

ite an effort
ace was the
phoning he
see it.”

) light when
ixicab Com-
ilar number
en Scranton
to residents
; ibered. The
iad called—
company to

on the rear
taxis. The
lled by the
e man had
hich looked
“" led the

» would

‘ up his
hat his ac-

The Sinister Mystery of Keyser Valley 33

tions wouldn’t be’so noticeable if he traveled in <a car
which looked like a private machine instead of in a. bright-

colored taxicab. It. was therefore decided to checkup: on,

every suspicious character in the city...

Chief of Police. James,Henshaw.of Scranton had a posse
of Boy. Scouts, led. by’ detectives,..beat:.the .Lackawanna
Trail. through the: Pocono. Mountains: -for. some trace of
the missing machine and its occupants. . Elmhurst, Mos-
cow,’.Tobyhana, .Mount - Pocono,:. Pocono, Stroudsburg,
Delaware Water Gap.and Easton were. among the’ towns

gone over by this gigantic human fine-tooth comb which.

was destined to meet with failure. ..

The usual procedure of checking the missing man’s past
to see if he had any enemies was resorted to, but this move
led to no avenue of infor-
mation which tended to
pierce the cloak of mystery
surrounding the affair.

Things drifted along for
days, the mystery deepening
with the passing of each
hour.

The reader may think it
odd that the Pennsylvania
authorities did not know
about the abandoned
machine in New Jersey and
that the New Jersey author-
ities were unaware of the
mystery in Scranton. But
distance counts. The Scran-
ton police were attending to
their end of the riddle and
Chief Hogan was only con-
cerned with tracing*the own-
er of what looked to be just’:
another abandoned automo-
bile:

When the Motor Vehicle
Department ~ got — Chief
Hogan’s letter they looked
up their records and found
that the abandoned machine
was the property of the
Thropp Taxicab Company
in Scranton. On February
11th, Hogan received a let-
ter from the De-
partment to this
effect.

AND now we

come to. the
connecting link in
the mystery in the
form of Frank
Ryan, managing
editor of the
Camden Post and

of February 12th—Lincoln’s birthday—he called my im-
mediate superior, Laurence Doran, Chief of Detectives in

-Camden County.

“Larry,” said Ryan, “what do you know about that
abandoned automobile that was found over in Runne-

. medeP”

“Why, we haven’t got anything definite on it, Frank,”
replied Doran. “We just know that there was a machine
found over there. What’s on your mind anyway?”

“Well,” said Ryan, “there’s a taxicab driver from Scran-
ton who has been missing since the night of February the
second, and I have reason to believe that it was his
machine that was found in Runnemede on February the
Fourth. It looks like a good story for the sheet, Larry,—
speaking from my point of
view—and it looks like a
peach of a case for your
office.”

YAN then went on to

give Doran the infor-
mation which I have set
forth in preceding para-
graphs, whereupon Doran
exclaimed:

“Nuf’ said, Frank! This
is hot stuff!”

Doran called Detective
Howard Smith and me
into his office, told us of
the Scranton affair and
dispatched us to Runne-
mede to examine the auto.
Imagine the thrill that was
mine when | found myself
working on a big mystery
during the very first week
that I had ever engaged in
detective work of any sort!
I had always wanted to be
a detective but through
circumstances found my-
self in the automobile busi-
ness. My business struck
a snag, however, so I
braced my friend Doran—
whom I had always great-
ly admired—for a chance
at sleuthing and,
to my surprise, |
was taken on as
one of his staff. |
had been in my
new job only
three days when
this assignment
came!

Arriving in
Runnemede, Smith

the Camden Cour- Frank Ryan, dynamic managing editor of the Camden Courier, whose ability at and | were joined
ier, Ryan, in the putting two and two together resulted in the solution of the baffling enigma that by Chief Hogan

days when he was
a reporter, was
recognized as one of the best newspaper men in New Jersey.
Despite his elevation to the managing editor’s chair he
keeps in close touch with every happening, no matter how
small, in and around the territory covered by the Courier
and the Post. A real nose for news has this man Ryan!

Ryan had been reading the Pennsylvania papers and had
noticed the stories about the Lowry case. When Chief
Hogan told him that the abandoned machine at Runne-
mede was the property of the Scranton taxi concern, Ryan
put two and two together and got busy. On the morning

gripped two States

and the three of
us went to the
garage where the auto still remained unclaimed. We looked
the machine over carefully and at length I noticed some
dark spots on the lining of the door nearest the driver's
seat. I took a piece of tissue paper, spat on it and applied
it to the dark splotches on the lining. When I removed
the paper I noticed that it contained dark brown marks.
That was enough for me. I didn’t bother to have the
stains analyzed; something told me they were blood!
The three of us then went to the ravine where the car
had been found. We looked the (Continued on page 58)


32 The Master Detective

“Jump right in. I'll do my best in the way of speed;
you know, the roads are quite slippery tonight.”

The stranger made no comment to this remark. He
entered the cab, banged the door and settled himself in
the rear seat. The sedan drove off....

The scene now shifts to the little village of Runne-
mede, which lies a few miles out from Camden, New
Jersey. The time is two days later—Monday morning,
February 4th.

Some children had come across an abandoned automo-
bile on a narrow, winding dirt road which runs through
a deep ravine in a stretch of woods known as Iris
Hill. This report had
been turned over to
Chief of Police
Thomas Hogan of
Runnemede. Chief
Hogan went to the
ravine and looked the
automobile over care-
fully. The engine was
frozen, indicating that
the machine had prob-
ably been there for at
least a number of
hours. One of the tires
was flat. The car bore
Pennsylvania _ license
tags number 06-757 of
the 1929 issue.

ON the surface of

things, there -was
nothing about the car
to cause excitement. It
might have been just
another stolen car, but
Chief Hogan was tak-
ing no chances. Fur-
ther examination  re-
vealed that the gas
tank was empty and
this, coupled with the

flat tire, led the Chief Laurence Doran, sharp witted Chief of Detectives, Camden County,

that they saw three men getting into the cab at Adams
and Olive Streets. There were others who said they saw
two men getting into the machine while some people had
noticed a single individual entering the car. The latter
statement, of course, later proved to be correct.

One of the important tasks that Scranton detectives had
on their hands was to find out from where the stranger had
telephoned for the cab. Believing that he had made
his call in the vicinity of Adams and Olive Streets, the
detectives checked up on every telephone in that district.
At length they called at the Kline Brothers’ confectionery
store where fhey received some rather strange information.

“Did anyone make a
call from here at half
past seven on Satur-
day night?” a sleuth
asked one of the Kline
brothers.

“Yes,” was the
prompt reply. “A man
walked in here about
that time and called a
cab.”

“What did he look
like?” ‘

“IT didn’t get a good
look at him. His coat
collar was pulled up
and his cap was pulled
down over his face.
When he walked into
the store he mumbled
that he just wanted to
make a phone all,
went back to the
phone and dropped his
nickel in the slot. He
acted very suspiciously
and for that reason |
listened to the number
he called. It was 5211
and I recognized that
as the new number of
the Thropp taxi com-

to believe that perhaps New Jersey, who sailed into action upon receipt of a telephone call from pany. He just asked

the driver of the ma-
chine had met with
difficulty and/became lost in the woods while walking into
town to summon aid.

So the Chief went back to Runnemede and rounded up
six boys who returned to the ravine with him. Then fol-
lowed hours of searching for some trace of the driver or
occupants of the abandoned car. But, by late afternoon,
Hogan and his youthful aides had come across nothing
which would connect up with the auto in the ravine. Un-
aware of the fact that the machine was the cab which had
left Scranton two nights previous with its strange pas-
senger—and that Scranton police were at that very moment
scouring the countryside for some trace of the car—Chief
Hogan had the Willys-Knight removed to a garage. He
then wrote to the Motor Vehicle Department of Pennsyl-
vania notifying them of the find and advising that he was
retaining the car in his custody pending arrival of its
claimant. :

Meanwhile, back in Scranton, detectives, not knowing
about the abandoned car in New Jersey, were hot after
some trace of the machine; Lowry, the missing driver, and
the stranger he had picked up the previous Saturday
night.

Burt Lowry, the father of the vanished youth, imme-
diately suspected that his son had met with foul play.

The information gathered by sleuths in Scranton was
more or less contradictory. There were people who said

the man on the opposite page

for.a cab and: rushed
out of the store. I
didn’t give much thought to the occurrence after he left.”

“And you can’t. give me any idea,” asked the sleuth, “as
to what this man looked like?” ;

“No. As I say, the fact that he made quite an effort
to prevent me from getting a look at his face was the
reason that I remembered him. When he was phoning he
kept his face to the wall, so that I couldn’t see it.”

A RATHER interesting development came to light when
detectives found out that the Thropp Taxicab Com-
pany had two telephone numbers. The regular number
of the cab company had for some time been Scranton
5000—a number which was rather well known to residents
of the city on account of its being easily remembered. The
number—Scranton 5211—which the stranger had called—
had only recently been acquired by the cab company to
relieve congestion on the other phone.
This number—521l1—had been painted only on the rear
of a fleet of new sedans that didn’t look like taxis. The
fact that this number, instead of 5000, was called by the

stranger led the authorities to believe that the man had

probably wanted to get out of town in a car which looked
like a private machine, rather than a taxi. This led the
authorities to the further belief that a man who would
wish to do such a thing probably wanted to cover up his
tracks for some reason or other and figured that his ac-

Whvsn- usd
colored t:
every sus
Chief
of Boy :
Trail. thr
the missi
cow, T¢
Delaware
gone ove
was dest)
The us
to see if
led to n
mation
pierce th
surround)
Things
days, the
with — the
hour.
The r
odd tha
authoriti
about
machine
that the
ities we
mystery
distance
ton polic
their en
Chief H
cerned
er of wh
another
bile.

up their
that the
was the
Thropp
in Scrar
Ith, He
ter fror
partmen
effect.

AND
com:
connecti
the mys
form
Ryan,
editor
Camden
the Can
ter. Ry
days wt
a repc
recogniz:
Despite
keeps in
small, ir
and the
Rydp
noticed
Hogan
mede w:
put tweo


man that the
living with in
her mother-in-

v LaFord quit
Ilips.

x a quarter to

2 Was nothing
hecking up on
night and fur-
de seen in the
length of time
mn, if she was
» Lowry, Phil-
car and drove
iding that we
little informa-

e quizzed sev-
ere at work in
lere the aban-
found, hoping
» to shed some
es surrounding

But we were
dation of value

‘n attracted to
Ise some two
pot where the
{ and we pro-
Was interesting
lthough it had
ned tor a long
recent tenant.
‘ad and some
its of food on
at puzzling, as
ion to decide
was to play a

») have a talk
at Runne-
red if anyone
y from Scran-
‘cords, he in-
ily, originally
in Runnemede
iad moved to
ance away—a
hillips and [
oked good so
Westmont to
yn people but
=m.
‘ry was thick-
ting it rather
ce, we didn’t
working on a
had no proof
ad been slain.
as the body?
ain, however,
in Camden
» light owing
hreads which
cranton in re-
~’s. disappear-

lips, Lowry,
vy automobile
aurant at 610
pairs of eyes
‘, focused on
eating house.
vit before the

March, 1930

usual time that the waitress quit work
for the simple reason that we were tak-
ing no chances on missing her.

A terrific gale was sweeping over
Camden and vicinity—the sp it being
similar to the one which marked Low-
ty’s disappearance—and the three of us
were almost frozen as we kept our vigil.

At 9:45 we saw the woman known as

Mary LaFord leave the restaurant. She»

walked up the street to a spot a few
feet from where our car was parked.
She looked up: and down the thorough-
fare as if fearful that she was being
watched. In a few minutes a Runne-
mede bus came along, and the waitress
hailed it and got on. As the bus lum-
bered on its way, we. pursued it. After
it had gone a few blocks Phillips told
me to overtake it so that he could
board it at a stop farther on. I stepped
on the gas and in a few minutes we
were three blocks ahead of the bus.
Phillips got out of the car, told me to
draw into the curb and follow the
bus after he boarded it.

“T just want to size this girl up and
Pll get off in a few blocks and join
you again,” he said.

When Phillips got on the bus he took
a seat on the opposite side from the
woman and a little in the rear of her.
As we followed the vehicle we saw that
Phillips was not looking directly at his
quarry. He was too smart for that.
Instead, he was looking at her reflec-
tion in a window directly alongside of
him. On two or three occasions we no-
ticed the woman turn around and
glance quickly at Phillips, as if she
wanted to catch him looking at her.
But all she saw was a man apparently
staring out of the window.

AS the bus reached the outskirts of
Camden, Phillips got off and re-
joined us.

“We'll stick right to this girl and see

what she’s going to do,” he announced.
“She’s quite nervous and acts like a
erson who is afraid she’s being fol-
owed. There’s little doubt that she
suspects something’s in the wind and
she wouldn’t have any suspicions if
she had no reason for them.”

We kept a safe distance behind the
bus. Block after block, it stopped to
discharge passengers, but the waitress
was not among those to alight. She
stayed right on until it reached a ceme-
tery several miles from the heart of
Camden. From our point of vantage
half a block away we saw her alight
and cross the street where a man joined
her and the two proceeded along the
deserted road. We got out of the car
and followed them on foot. Half a
mile from the cemetery the woman and
her companion walked into a little oys-
ter house and took a seat at a rear
table. It was now about 11 o’clock.

At length it was decided that I should
go into the restaurant and get a good
look at the woman’s companion. Enter-
ing, | walked up to the cashier’s desk
in the front of the place and bought a
package of cigarettes. I then asked the
cashier, in a loud tone of voice so that

* 1 could be heard by the two people at

the rear table, if he would mind if I
went back to the water cooler and had
a drink.

The Master Detective

“Not at all,” he said, “go right
ahead.”

The water cooler was directly along-
side the table occupied by the woman
and her companion and as I approached
them I noticed that they were talking
in low tones. The man glanced up at
me and quickly glanced away. The
woman did likewise. I saw all this from
the corner of my eye, so that I was not
looking at them when they looked at
me. However, as soon as they both
looked away I riveted my gaze on the
man who appeared to be about thirty
years of age. He had a very high fore-
head and his hair lay close to his head.

I took a drink from the water cooler,
and then sauntered out of the café.

“WHAT'S the lay of the land?”

asked the elder Lowry when | re-
joined him and Phillips a few feet
from the eating house.

“IT think that’s Sloat,’ I said, “not
Saunders. That fellow in there has a
high forehead and thin hair which lies
close to his head, just like the picture
of Sloat.”

“Well,” said Phillips, “I don’t know
Sloat—have never seen him. I onl
know that the picture I brought in is
ape to be a fairly good likeness of

im

We stayed there, shivering in the cold,
trying to decide what to do.

“Say,” said Phillips at length, “‘let’s
grab those two in there and see what
they have to say.”

“Righto!” I replied.

So the Scranton detective and I
walked into the restaurant, with our
hands on our hip pockets and eased up
to the table in the rear.

“We're detectives,” I said, “and we
want to question both of you in con-
nection with the disappearance of
young John Lowry.”

The man slumped in his chair and
mumbled:

“I’m glad you've got me.”

The woman did not say a word. We
hustled the pair from the restaurant,
forgetting to pay the proprietor for the
meal they had all but finished, and
walked them to our car in silence.
Nothing was said during the drive to
my office in the court house at Cam-
den. Once there, we separated them.

I prepared to quiz the woman while
Phillips took the man to an adjoining
room. Just as I was about to begin my
questioning I noticed a telegram on m
desk. Tearing it open I found that it
had come from the Scranton police. It
was in ely. to a wire which Chief of
Detectives Doran had’ sent earlier in
the day asking for a complete descrip-
tion of the girl whom we figured we
had under surveillance.

“Very attractive, dark eyes, wide
apart and black bobbed hair,” said the
telegram.

I looked up at the girl across from
me and she fitted that description to a
Be rests

“You're Lillian Dougher, then?” |
asked, giving the girl a sharp look.

“Why, y-y-yes.’

“And who 1s this friend of yours in
the next room?

“That’s Ed Saunders,” she said.

“Ed Saunders?” I demanded. “I

59

thought that was Russell Sloat.”

“No, that’s Ed Saunders.”

The woman then broke down and
began to sob convulsively. The man
in the next room heard her sobbing
and shouted loudly:

“For God's sake let up on Lilly and
I'll spill the whole story.”

When I heard this remark I sum-
moned another detective and left him
to guard the woman while J went into
the room where Phillips and the man
were sitting.

“All right,” Phillips was saying,
“let's hear your story—and it had
better be a good one.”

“Tl tell you the whole truth! I
didn’t have anything to do with the
Lowry job. Lilly’s brother, Russell
Sloat, is the guy you want. He mur-
dered Lowry and buried his body in a
stony brook outside of Scranton. He—”

“But if you're not the murderer
what did you mean when you said,
‘I'm glad you got me?’” interrupted
Phillips.

“I’m coming to that. Sloat came
here on February Fourth. He knew
where Lillian and I were living. He
came to our place and told us that he
had bumped off a taxi driver up in
Scranton. He’s rushing a dame over
in Philadelphia by the name of Jewel
Fleisher and he was so nuts about her
that he just had to see her. So he
hired a cab up in Scranton and mur-
dered the driver just so he could get
transportation to Philadelphia to see
lis sweetie. He told us that he shot
this fellow, Lowry, in the head four
times just after they left Scranton.
Then he shoved the body in the rear
seat, turned around and drove through
the outskirts of Scranton until he got
on the other side of the city, in the
Keyser Valley section.

“HE went up into the mountains
there and when he came to a
stream he threw the dead man in it and
started covering it up with large rocks.
The water wasn’t very deep and he
had to pile rocks over the body to
hide it. He covered it all but the feet.
It got pretty cold and he was in a
hurry to see his sweetie so he left the
feet sticking out from the rocks.
They’re still sticking out, I guess,

“Then he got back into the cab and
drove to Philly. He got to Jewel
Fleisher’s room about three in the
morning. At seven the next morning—
that was on February Third—this
Fleisher girl and Sloat drove out to
Runnemede where they left the car,
I don’t think Jewel “knew anything
about the murder. I guess she just
thought that Russell had swiped the
car. They left the car in Runnemede
and went back to Philadelphia.

“The next day, Monday, Sloat came
to Lilly and me and told us all abou:
it. He said he was afraid that thev
would suspect him of the murder and
that the first thing that detectives
would do would be to come to Cam-
den where they knew Lilly was living
with me. He figured you fellows would
know what he’d do; and he forced me
to rob the restaurant where | was
working as a waiter so | would have
enough money to beat it out of town


er

The Master Detective

The Sinister Mystery of Keyser Valley

scene over carefully for any traces of
foul play but time and the elements
had worked against us, obliterating any
evidence which might have been appar-
ent at ‘an earlier date.

Smith and | rushed back to Camden
and reported the supposed bloodstains
to Chief Doran. The latter immedi-
ately communicated with the Scranton
authorities, telling them of our find,

Late that night, Burt Lowry, and
his son, a brother of the missing youth,
arrived in Camden. They were both in
a high state of excitement, having been
told by the Scranton police that there
were bloodstains on the car which was
believed to have been the one driven by
the missing youth. I drove them out to
the garage where the car was stored
and the elder Lowry immediately iden-
tified the machine as the car in which
his son had left Scranton on the night
of February 2nd.

| wired this information to Scranton
at once and late the next night, Detec-
tive Jack Phillips, who had been placed
in charge of the case for the Scranton
police, arrived at my office. Lowry and
his son were there when the Pennsylva-
nia officer came in. Without preamble,
Phillips went straight to the point.

“TYJAYBE I’m here on a wild goose

chase,” he said, “but I’ve checked
up certain information which may un-
cover a lead to this mystery. In the
first place, [ think that John Lowry has
been murdered. The fact that he has
been missing for about two weeks and

the fact that there were bloodstains on

his car convinces me of that. Now then,
we of the Scranton police have been
trying our best to find out who did this
job and I’m frank to say that we
haven't the slightest idea. But I’m a
great fellow for taking long shots and
that’s why I’m here.

“| have made a careful check of all
‘floaters’ in Scranton and find that a fel-
low by the name of Russell Sloat was
seen around Scranton shortly before
Lowry disappeared. Personally, I have
never seen Sloat but I have brought
along a picture of him. He is known as
an automobile thief and has operated
extensively in Scranton, Philadelphia
and other Pennsylvania cities. He has
not been seen since Lowry disappeared.

“T have checked up carefully on
Sloat’s family, some of whom live in
Scranton. He has a sister, Lillian—a
very pretty girl—who is married to a
man there named Mike Dougher. I got
in touch with Mike’s folks. His mother
tells me that her son’s wife, Lillian, is
living here in Camden with a sweetie
named Ed Saunders.

“Now, then, here’s my hunch:

“Inasmuch as Sloat’s sister lives here
in Camden and inasmuch as the car was
found near Camden, [ figure that if
Sloat had anything to do with Lowry’s
disappearance he'll be somewhere in
this vicinity. So I think we ought to
get a line on his sister and see if we
can pick up Sloat through her.”

“Where does Sloat’s sister liver” I
asked.

(Continued from page 33)

“Why, the only address that her
mother-in-law has is a place on Cain
Avenue, here in Camden. She works at
a restaurant there, I don’t know where
she lives.”

“There is no Cain Avenue in Cam-
den,” I answered promptly.

“Well is there any street with asim-
ilar name?”

“There’s a Kaighn Avenue,” I said.
“That will probably be it.”

“VIL bet a hat it is,” said Phillips.

“Have you any idea what part of
Kaighn Avenue the restaurant is lo-
cated onr”

“Why, yes, it’s in the 600* block,
across from a fire house.”

As it was quite late at night—too late
to aecomplish anything on the case—
we decided to map out our plan of ac-
tion for the following day. The elder
Lowry, Detective Phillips and myself
decided that the best thing we could
do would be to locate the restaurant
where Mrs. Dougher worked, shadow
her and hope for the best.

So it was that early the next morn-
ing, Lowry, Smith and I drove to the
600 block on Kaighn Avenue and finally
came to the fire house. Across the
street, at number 610, we saw a spag-
hetti restaurant and got a genuine
thrill. It looked as though Phillips’
hunch and information might lead
somewhere!

Phillips and I entered the restaurant.
He ordered a cup of coffee and I con-
tented myself with a glass of water.
We carefully scanned the faces of all
the occupants and at length the Scran-
ton sleuth whispered to me:

““Treton, see that waitress over there?”

I foliowed his gaze and my eyes fell
on a rather attractive woman of about
iy years.

“That woman’s face,” whispered
Phillips “is very familiar to me. I
don’t know who she is but I’ve seen her
in Scranton. Unless I’m dreaming
that’s Lilly Dougher.”

WE left the restaurant and rejoined

Lowry, who had been waiting out-
side, walked up the street a couple of
blocks, crossed to the other side of the
street and then sauntered back to the
fire house.

We talked with several of the firemen
and asked if they had ever eaten in the
spaghetti restaurant opposite _ their
station. They had. We then asked if
they knew the identity of the girl who
had attracted Phillips’ attention. They
did. Her name? Mary LaFord—that
was the name by which they knew her.
That didn’t sound so promising. Per-
haps this wasn’t Lilly Dougher after
all. Then I asked one of the firemen if
the girl had ever said anything about
having a sweetheart.

“Yes,” he replied. “She’s got a
sweetie all right; she sees him every
night when she’s through work.”

“What’s her sweeties name?” I
asked quickly.

“Don’t know his last name; his first
name’s Ed.”

Encouragement! Ed was the first

name of Saunders—the man that the
Dougher woman was living with in
pancen, according to her mother-in-
aw.

“What time does Mary LaFord quit
work nights?’”’ asked Phillips.

“About half past nine or a quarter to
ten.”

We decided that there was nothing
more we could do in checking up on
the waitress until that night and fur-
ther concluded that to be seen in the
Vicinity for any great length of time
might arouse her suspicion, if she was
really Lilly Dougher; so Lowry, Phil-
lips and I jumped in the car and drove
out to Runnemede, deciding that we
could perhaps pick up a little informa-
tion a sor kind there.

Among other things, we quizzed sev-
eral woodchoppers who were at work in
the deserted vicinity where the aban-
doned taxicab had been found, hoping
that they might be able to shed some
light on the circumstances surrounding
the mystery automobile. But we were
unable to get any information of value
from them.

QUR attention was then attracted to

a deserted farmhouse some two
hundred feet from the spot where the
taxi had been discovered and we pro-
ceeded to search it. It was interesting
to note that the place, although it had
supposedly been unoccupied for a long
time, bore traces of a recent tenant.
We found crusts of bread and some
paper dishes with remnants of food on
them. This was somewhat puzzling, as
we were not in a position to decide
whether or not the place was to play a
part in the mystery.

Our next move was to have a talk
with the postmaster at  Runne-
mede of whom we inquired if anyone
had moved to the vicinity from Scran-
ton. Going over his records, he in-
formed us that a family, originally
from Scranton, had lived in Runnemede
for a short time but had moved to
Westmont—a short distance away—a
few days previously. Phillips and I
thought that this lead looked good so
we hied ourselves to Westmont to
check up on the Scranton people but
were unable to locate them.

To say that the mystery was thick-
ening by this time is putting it rather
mildly. In the first place, we didn’t
know whether we were working on a
murder case or not as we had no proof
of any kind that Lowry had been slain.
And if he had, where was the body?
We felt reasonably certain, however,
that continued sleuthing in Camden
would bring something to light owing
to the various slender threads which
connected that city and Scranton in re-
lation to the taxi driver’s disappear-
ance.

At 7:30 that night, Phillips, Lowry,
and I were sitting in my automobile
half a block from the restaurant at 610
Kaighn Avenue. Three pairs of eyes
peered through the night, focused on
the entrance of the little eating house.
We had arrived quite a bit before the

March

usual

for th

ing n
A
Camda
simila
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were

At !
Mary
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feet 1
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fare
watch
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it hac
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were
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draw
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you ;

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~.

60

with Lilly in case the cops got on our
trail. So on Monday night I broke
into the place and stole forty bucks
and some cigarettes. Lilly and I then
blew to Newark where we stayed for
a little while and when we thought the
thing was going to blow over we came
back here to Camden. ;

“When you fellows picked me up m
the restaurant and I said, ‘I’m glad
you've got me,’ | meant that I Was
glad you got me for the robbery be-
cause the damned thing has been
worrying me sick and | haven’t had
any peace since I did it because I ex-
pected to be arrested any minute. I
couldn’t sleep. Gee, I’m glad it’s all
over.”

[ went back to the room where
Lilly was detained and told her what
Saunders had confessed and she cor-
roborated every last bit of his story.

Our next problem was to “nail”
Sloat. Saunders said that he was liv-
ing in Philadelphia and that he usually
met the Fleisher girl at the restaurant
where she was employed as a waitress,
This restaurant was located at 1206
North Nineteenth Street.

It was now after midnight.

“Is that restaurant in Philly still
open?” I asked Saunders.

“Yes, it’s open pretty late.”

“Does Sloat call for Jewel Fleisher
nights?”

“Yes, he usually stops there around
one o'clock for her. But say, you fel-
lows better watch out when you nab
this fellow Sloat. He’s a bad egg and
a crack shot. He’s always got a lot
of filed bullets on him and he can draw
a gun quicker than a flash. He told
me that he would shoot it out with
anybody who tried to nab him and
that the cops would never take him
alive.”

“Well,” said Phillips, “I don’t know
whether we'll take him alive or not but
we'll take him!”

The elder Lowry, who thought a
great deal of his son, had listened to
Saunders’ story of his murder and was
on the verge of collapse. But he in-
sisted upon going with us while we at-
tempted to capture Sloat.

S° Lowry, Phillips, the prisoners and
I left the court house, jumped into
my car and sped to the City Hall in
Philadelphia, which lies just across the
Delaware River from Camden. We
left Saunders and Lilly at police head-
quarters in the City Hall and, accom-
panied by several Philadelphia detec-
tives, we drove to a spot a quarter of
a block away from the restaurant
where Jewel Fleisher worked.

Saunders had told us that this
Fleisher girl was very attractive and
we had little trouble in identifying her
as we walked past the eating house.
There was no one in the place who
resembled Sloat so we decided that he
had not yet called for his sweetheart.

It was a few minutes after 1 o’clock
when we saw a sleek-looking man enter
the restaurant. We were in the place
with a rush and upon the man before
he knew what it was all about. Al-
though he fitted exactly the description
we had of Sloat, we soon found out
that we had grabbed the wrong man!

The Master Detective

The poor fellow was just about scared
to death and we were really sorry that
we had made such a mistake.

This mistake on our part let the cat
out of the bag so far as Jewel Fleisher
was concerned, and we had to tell her
that we were waiting to arrest her
sweetheart for murder. The girl was
trembling violently when we ordered
her to remain at her post and act_just
as naturally as possible when Sloat
came in. Philadelphia detective re-
mained in the restaurant while the yest
of us took up our vigil outside. In a
few minutes a very dapper-looking
fellow, about thirty-five years of age,

Did Houdini Escape
The Shackles of Death

In the March issue of GHOST
STORIES Magazine the emi-
nent author and_ psychical
expert, Sir Arthur Conan
Doyle, answers this question
that had the whole country
guessing a short time ago.

You will want to read what
he says and why he says it!

That issue of the magazine
also contains a wonderful
supernatural story by Ellen
Glasgow, the author of that
recent popular novel, ‘They
Stooped to Folly.”

It is a story that will hold
you fast with its heart-reach-
ing heroine—a little ghost
girl.

And there are a dozen other
thrilling features, including
the weird sea serial, ‘Stronger
Than Death,” and the first
half of F. Marion Crawford’s
great spine-chiller,
“The Screaming Skull.”

All in the March issue of
GHOST STORIES, on. sale
February 21st, at all news
stands. A Macfadden Publi-
cation. Price 25 cents.

walked briskly along Nineteenth
Street, called a cheery “Hello” to the
policeman on the beat and walked into
the restaurant. We were right behind
him and as soon as he stepped through

. the door several of us nabbed him so

quickly that he didn’t know what had
struck him.

“Is your name Sloat?” asked
Phillips. ¢

The man did not answer. He looked
at Jewel Fleisher and I caught a short.
electric glance of recognition that
passed ‘between the two—a glance that
spoke volumes.

“This is Sloat all right,” I said. “He
knows the girl here!”

“Yes,” rejoined Phillips, “this is the

gu nad
Phillips had good reason for his be-
lief for in searching the suspect he had

extracted a cigarette package, filled
with filed bullets—the kind of pellets
that Sloat was known to use!

I turned to Jewel Fleisher and asked
if the man we had was Sloat, but her
lips were sealed. The suspect himself
would say nothing regarding his iden-
tity.

Bu any doubt as to the prisoner’s

identity was short lived for when
he and Jewel Fleisher were marched
into Police Headquarters in Philadel-
phia, Sloat’s sister, Lilly, upon seeing
the man, cried out:

“Ob, my God, they've taken Russell!
Oh, my poor brother!”

Later that night, Jewel Fleisher
broke down and admitted that Sloat
had come to see her early in the
morning on February 3rd, but had not
told her about the murder. When she
and Sloat took the machine to Runne-
mede he wanted to burn it but she said
she put her foot down on that plan as
she was afraid a burning machine
would attract too much attention.
Sloat told Jewel that he had stolen the
car and wanted to get rid of it because
he was afraid the police were on his
trail.

“But I just bad to steal the car,
honey, because I wanted to see you so
much,” he had told her.

When the Scranton authorities were

apprised of Sloat’s arrest and of the
information that had been turned over
to us by the two women and Saunders,
they sent an army of detectives to the
Keyser Valley section on the outskirts
of the city. There, during the gray
hours of Sunday morning, in a very
shallow mountain stream known as
Continental Creek, they found the
body of the vanished John Lowry. The
corpse was in an excellent state of
preservation owing to the extreme cold
which had enveloped the vicinity for
more than a fortnight. As stated by
Saunders the body had been covered
over by cobblestones but the feet,
which Sloat had neglected to cover,
protruded.
_ Lowry was fully clothed, being at-
tired in exactly the same apparel that
he had worn when he had left to an-
swer the fatal summons from Adams
and Olive Streets. Examination of his
cap showed that one of the bullets
which had passed through his head
had lodged in the visor of the head-
piece. This bullet had been filed and
was later matched up with the bullets
which were found in Sloat’s possession
when he was apprehended in the res-
taurant.

I might add here that in the light of
subsequent developments it was found
that the deserted farmhouse near Run-
nemede had no connection with the
crime, nor had the former Scranton
family singled out by the postmaster
at Runnemede. Those were just two
clues which looked hot but led no-
where.

I might further explain here how it
was that we mistook Saunders for
Sloat. The picture of Sloat which we
had was six years old and although it
had been a good likeness of him when
it was taken, it was not a good pic-
ture of him as he appeared six years

March,

later.
Saunde
greatly

had a}

rather

one wh

for us!
wrong
man t
ing fo1
A fe
was on
made
which
machi
der an
over 1
the mt
Phillip
Lilli
Ed S:
later i
Sloa

to pl
mind
Wh
thus
call f:
ers T¢
a sale
back
vivid
one <
his Sc

Ho
T!
requ
made
recor
mer
founc
yard
tecti\
few ¢
of W
in B
polic
Phil:
city
for ¢
land
ceedc
ahea

W
call
heen
den
ber
the !
day
Cle,
New
Thu
Can

It
that
cent
Gol
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dere
leac
mor

B
of


te package, filled
he kind of pellets
2 to use!

leisher and asked
vas Sloat, but her
le suspect himself
egarding his iden-

to the prisoner’s
rt lived for when
er Were marched
rters in Philadel-
ily, upon seeing

ve taken Russell!

Jewel Fleisher
nitted that Sloat
er early in the
3rd. but had not
-urder. When she
achine to Runne-
in it but she said
1 on that plan as
burning machine
much — attention.
he had stolen the
tid of it because
lice were on his

to steal the car,
‘ed to see you so
authorities were
rrest and of the
been turned over
en and Saunders,
detectives to the
on the outskirts
during the gray
ring, in a very
ream known = as
they found the
John Lowry. The
xcellent state of
the extreme cold
the vicinity for

As stated by
ad been covered

but the feet,
slected to cover,

lothed, being at-
ime apparel that
: had left to an-
ns trom Adams
‘amination of his
2 of the bullets
1rough his head
sor of the head-
d been filed and
with the bullets
Sloat’s possession
nded in the res-

at in the light of
its it was found
house near Run-
ection with the
former Scranton

the postmaster
> were just two

ot but led no-

lain here how it

Saunders for
Sloat which we
and although it
ess of him when
not a good pic-
reared six vears

March, 1930

later. However, at the time of
Saunders’ arrest, certain of his features
greatly resembled Sloat’s as the latter
had appeared six years before. <A
rather peculiar coincidence, this, and
one which was certainly a lucky break
for us! For although we picked up the
wrong man we picked up the right
man to lead us to what we were look-
ing for!

A few hours after his arrest, Sloat
was on his way back to Scranton. He
made the trip in the same taxicab in
which he had murdered Lowry! The
machine had been put in working or-
der and the elder Lowry drove the car
over the Pennsylvania highways, with
the murderer of his son and Betective
Phillips in the rear seat.

Lillian Dougher, Jewel Fleisher, and
Ed Saunders were taken to Scranton
later in custody of detectives.

Sloat’s trial, one of the most dra-

CE Bia a tecoess

The Master Detective

matic in the history of Pennsylvania,
opened on April 8th. The defendant
could not be forced into a confession,
and when the trial got under way his
lawyers made a desperate effort to ex-
tricate him from the heavy web of evi-
dence which entangled him in its
meshes.

GAUNDERS took the stand and tes-
tified as to Sloat’s confession of the
murder. The testimony of Sloat’s sister
followed and verified Saunders’ testi-
mony which helped to convict her
brother of the most serious charge
which can be lodged against a human
being! Cold-blooded murder! Jewel
Fleisher also testified as to Sloat’s ar-
rival in Philadelphia in the early
morning hours of February 3rd, and
of their subsequent trip to Runnemede.
On the seventh day of the trial,
Sloat was carred into the court-room,

61

draped over the shoulder of an officer.
It was then revealed that the man had
tried to commit suicide by jumping
from his cell on the third tier of the
prison where he was confined while his
trial was in progress. When officers
opened his cell door that morning he
had lunged past them like a mad-man
and jumped over the railing. But
ssomehow he became entangled in the
railing below and his suicide attempt
was frustrated. However, he had
banged himself up pretty well and was
a sick man when he entered court a
few minutes later.

The jury found Sloat guilty of mur-
der in the first degree. There was no
recommendation for mercy, which
meant the chair.

At this writing, Sloat’s attorneys
are fighting to have their client's
sentence commuted to life imprison-
ment.

On the Red Trail of the Candy Kid

to place the bandit properly in his
mind.

While Inspector Coughlan was still
thus engaged he received a_ telephone
call from officials of Later & Son, jewel-
ers for whom John Sanford worked as
a salesman. That telephone call brought
back to the Inspector’s mind the very
vivid description given by Sanford of
one of the six robbers who had stolen
his sample case.

Tus information from Baltimore
had been sent in accordance with a
request that the New York Police had
made of the authorities there, for a
record of some of Simon Gilden’s for-
mer associates. Gilden, the bandit
found murdered in Trinity Church-
yard, had, according to Baltimore de-
tectives, left the Maryland city just a
few days prior to the sudden departure
of Whittemore. As Gilden was wanted
in Baltimore for a former crime, the
olice there had trailed the man to
hiladelphia. Gilden remained in that
city for two days, then left hurriedly
for Cleveland. He remained in Cleve-
land about a month and always suc-
ceeded in keeping about two jumps
ahead of the police.

While still in Ohio, Gilden received a
call from Milton Goldberg, who had
been sent to him by Whittemore. Gil-
den was needed to complete a new rob-
ber gang that was being organized by
the Candy Kid, Goldberg said. Of the
day following Goldberg’s arrival in
Cleveland, he took a train back to
New York, accompanied by Gilden.
Thus was the seventh member of the
Candy-Kid outfit enlisted in the band.

It was with a double purpose then,
that New York detectives made a con-
centrated effort to track down Milton
Goldberg. It was believed that the
young Hebrew could name the mur-
derer of Gilden, and at the same time
lead officers to the rest of the Whitte-
more gang.

But New York City is perhaps one
of the best places in the world for

(Continued from page 30)

a crook to hide out in, especially the
type of crook who frequents the batter
class clubs and theaters. During the
buying seasons, New York daily is host
to an average of more than fifty thou-
sand visitors, all of whom, it seems, are
eager to spend at least one full night on
Broadway, getting ‘first-hand knowl-
edge of Gotham’s gay life.

With these conditions prevailing, it
was no easy matter for Inspector
Coughlan to put his hands on Milton
Goldberg, the man he was so anxious
to “interview.” But the Inspector was
determined to catch the thug, and the
police spread the dragnet for him.

The Whittemore gang, meantime, was
carrying out its fixed plans for giving
Manhattan something to talk about.
The mob was like a ravenous pack of
wolves turned loose in a pasture with a
herd of calves. A score of small jobs
were pulled between October 19th,
when tone Sanford was robbed of $50,-
000 worth of sample diamonds, and
December, when the gang had finally
reached the crest of the tremendous
crime wave for which Candy Kid
Whittemore was responsible.

The R. M. Ernst Jewelry Store was
robbed of $25,000 in unset stones on
December 2nd. On that particular oc-
casion Paladino had to slug a negro
porter, and Whittemore found it neces-
sary to flirt with a couple of frightened
girls, who seemed set on screaming.

For the next two weeks, the bandits
contented themselves with the loot from
drug stores, restaurants and other small
business concerns. On December 23rd,
the six thugs pulled an eighth-story
robbery. The jewelry manufacturing
establishment of Folmer Prip, then oc-
cupied a large suite on the eighth floor
of a building at 90 Nassau Street. Af-
ter 5 o’clock in the evening the elevator
service is discontinued in the building
to all floors above the sixth.

It was about 6 o’clock when the rob-
bers entered the building for the pur-
pose of robbing Prip, whom they fig-
ured would have a large amount of

platinum dust and blue diamonds in
stock. All six of the bandits took the
elevator at one time, and called out
“Eighth” to the operator. The elevator
ascended to the sixth floor, stopped sud-
denly, and the door slid open.

‘Sorry, gents, but this is a high as |
go,” the elevator man said.

The thugs filed out of the car, and
walked the remaining two flights to the
Prip offices. There were seven men in
the place, all employees of Prip’s. Every-
one was ordered to lie down, and Pala-
dino and Leon Kraemer bound and
gagged them, while Whittemore and the
others scooped up everything of value
in sight.

The total value of the loot in that
robbery was only $6,000.

Within a few days following the
Prip robbery, the gang made the Sam-
uel Kandel Jewelry Company situated
at 98 Essex Street for a $110,000 dia-
mond haul. Then the William H. Sims
Company, jewelers, on Grand Con-
course, the Bronx, contributed $75,000
to Whittemore and his mob.

It was Paladino who timed the place
on Essex Street. He and Jake Kraemer
spotted the Kandel jewelry store,
while strolling about lower Manhattan
late one afternoon.

N the following day, Paladino went

to the jewelry store, and ‘asked to
look at some cigarette cases. After
Kandel, the pragenior, had shown Pal-
adino several gold cases, the bandit se-
lected one that he said suited him, and
put up a deposit of five dollars on the
article, to get the jeweler to hold it
for him.
._ Paladino gave his name as Lewis
Gallo, and his address as Seventeenth
Street. The robber left the store, went
across the street to a restaurant, where
he sat at a table and watched the Kan-
del shop. After lingering over the
breakfast that he had ordered for an
hour, and fearing that by remaining
longer, he would attract attention.
Paladino went out, found another res-

| a eS

SLOAT, EXEMMEMXKHMM Ralph Russell,

true. A taxicab and its driver had
x —-€ in the sleet-filled February

ght. :

The city of Scranton, Pennsylvania,
hummed with the mystery. What hap-
pened to young John Lowry and his
cab is one of the strangest stories re-
corded by Scranton’s police. Right in

. the center of this puzzle stood Captain~
of Detectives A. J. Reilly. And he had
little to go on.

Bert Lowry, the missing boy’s father,
who was also a driver for the same
company, reported his disappearance.
“John drove up to the Thorpe Taxi
Company’s office Saturday night in

_ the midst of that snow storm,” he told
Reilly. “He didn’t take time to come in
because it was about 11 o'clock, the
height of the after-theater rush hour.
The dispatcher yelled out to him to go
to a candy shop on Adams and Olive
Streets and he started out in that di-
rection. He never came back.”

: : “Why didn’t you report this sooner?”
Reilly questioned.
F “Well, the company wasn’t particu-
y ance oster larly worried about John’s not report-
: ing back Saturday night after his shift.
s ial I dinus f ; - ot tae he’d had iB breakdown
vestt r n izzard or else nm hired to
ee ” gato - drive to grogenger or New York. We
expected to call or be back Sun-
OFFICIAL DETECTIVE STORIES day. But he’s been gone 48 hours now

[i SEEMED impossible, but it was

18

“OFFICIAL DETECTIVE STORIES, JANUARY, 1944

Pa, (Lackawanna) 3/31/1930,

A Scranton Police searching party probes this frozen body of
water for the taxi driver who answered a call and didn't return

and I know there’s something wrong.”

“Did he have any close girl friends?
Any big debts?” Reilly asked.

“No, sir,” Lowry replied emphatical-
ly. “John never gambled. Didn’t even
smoke or drink. He wasn’t going with
any particular girl, either.”

“How about the money he had on
him? Was it much?” ° -

“I can’t say exactly but I’m sure he
didn’t have more than ten or fifteen
aa He never carried more than

t.”

And that was all the information
Bert Lowry could supply. Reilly tried
to reassure him. But Bert was gloomy.
He couldn't believe his son had gone
away of his own accord.

To Reilly this had all the outward
appearances of the ordinary missing-
persons case. John Lowry might have
skipped town; ducked off to get mar-
ried on the sly; any number of things.
But it was up to him to find Lowry
and the first thing he did was trace
the telephone call for a cab which had
come into the taxi office Saturday
night. But all they knew at the com-
pany was that the call had been made
by a man.

Reilly sent one of his ace detectives,
Jack Phillips, to the candy shop to
heck on the message. -

Back came Phillips with surprising
news. “No one used the phone at the

[Ke eeaurern nals

into his office

shop Saturday night,” he said. “It's a
pay phone. I checked with the tele-
phone company. What d’ya think of
that?” :

& voluntary one.

Reilly sent his entire detective force
out. The men contacted the morgue
and every hospital. They even checked
with police reports and hospitals in
nearby cities. A teletype alarm was
Sent out to eight states.

But nowhere was there any trace of
John Lowry or the maroon Willys-
Knight cab he had been driving.

So Reilly hustled his men into a
squad car to comb the vicinity of
Adams and Olive Streets. Perhaps
someone had seen John Lowry there.
Perhaps John had been waiting for his
passenger when whatever it was hap-
Pened to him,

They questioned residents and store-
keepers, but nobody recalled having
seen & person answering young Lowry’s
description nor his cab. Another squad
was making the rounds of the numer-
ous rooming houses on Adams and
Olive asking questions. Had any land-
lady had a roomer who had left ina
hurry? One missing? Or one who had
called a cab late Saturday night?

There were innumerable stops; the
same monotonous questions; the same
negative answers.

Meanwhile time was rushing by, And
its passage, Reilly felt, wasn’t helping
John Lowry any, wherever he might be.

Two days later Reilly called Phillips

“Nothing on the Lowry case yet?” he
asked,

“No, Cap, not a thing,” replied Phil-
lips. “I can’t figure it out. If somebody
at the candy shop had wanted a cab he
would have had to call from some other
place. But I can’t find any such place
in the vicinity.”

“Are the men. still covering. the
neighborhood?” ‘ <

“Yes, a few of them-are back and
are now rechecking a couple of houses
pag mo one answered the bell be-
ore.”

Reilly leaned back in his chair, took
a pipe from his pocket, -

“Phillips, this is one of the screwiest

cases I’ve run across,” he said. “A cab .

John Lowry: He drove
a cab—to his doom

called to a destination, but nobody
there has used the phone; the driver
starts out in that direction but never
gets there; no one even sees him after
he leaves the taxi office.” a

“I was just wondering if Lowry could
have faked that call himself?”

Reilly’s eyes narrowed. “It's possible,
but J doubt if he did,” he said. “He
couldn't be sure that his would be the
first cab back after the call. That’s
why I don’t think whoever called the

cab was after any particular driver.
_ Lowry just turned out to be the goat.”

“Yeah, I guess you're right,” Phillips
agreed. And, the interview finished, he
walked toward the door.

Ta phone on Captain Reilly’s desk
Shrilled as Phillips left. the room,

“Reilly talking,” answered the Cap-
tain. :

“This is Jones,” came a voice. “T’ve
just been talking to a woman on Adams
Street and she's got a story which
fits into the Lowry case.”

“Good, Jones. Can you bring her
down right away?”

“Yes, sir. I'll have her there in fif-
teen minutes.”

Nor did Reilly wait any longer than
that before Jones came into the office
with a middle-aged woman who kept
& rooming house on Adams Street.

Her story had an odd twist. This is
what she said:

“On Wednesday night, January 30th,
I rented a room to a Joe Butler. He was
&@ good-looking young fellow. Said he
was from Philadelphia. He paid me a
week’s rent in advance. He was a funny
one, too.
Of course he might have been sick or
something for all I knew, but I didn’t

The long search for missing John Lowry ended when his body was found

Almost never left his room. .

like the way he sorta slunk around.
“Well, Friday night he comes to my
room and says he will be leaving ‘on
Saturday. That meant he would only
have been there for three nights, so
I offered to give him some of his rent
money back. But he just laughs and
Says ‘no’, :
“I didn’t see any more of him until

Ralph Russell Sloat: His
story of two girls and a
date was helpful to police

Be ey

11 o'clock the next night. He car
downstairs with his suitcase and ask
if he could leave it in the hall w!
he went out to make a phone call. Th
struck me as strange es ve
hi

h
ha
phone in my diningroom right off t!
hallway. But I didn’t Say anythi:
for I didn’t like him any too well.
figured it was none of my business.”

Te landlady paused and glanc:
questioningly at Reilly.

“Can you give me any more inform:
tion; any little detail you might ha:
forgotten?” Reilly urged.

“Yes,” said the woman.

“There is something more I thir
is very strange. His suitcase was Settir
right by the front door. I was in th
hall a little while after he’d gone ou
Suddenly the front door opened pa:
way and a hand reached in and toc
the suitcase. I just stood there, wonde:
ing. I can’t say I was scared for
knew it must be Butler who took th
bag, but I was puzzled. What on eart
was he sneaking around again for?
thought. I went to the door, but ther
was such a gale I couldn’t have see
anyone five feet in front of me wit
all that snow swirling around.”

Reilly was excited as he fjotte
down the landlady’s descri jon of he
roomer. It all added up. tler coul:
have made that call. What’s more th
time fitted exactly,

When the woman departed she wa
accompanied by detectives who wer
instructed to search Butler’s room
Reilly hoped that Butler had left clew
behind, hopes were realized.

From a dresser drawer in the roon
one of the men pulled a highway de
Partment auto license renewal forn

by Joe Butler, care of Ton:

i a

in this New Jersey stream. Official at extreme left is Captain A, J. Reilly


e passenger suddenly
axi-driver to pull up.
pd on the accelerator
ilence was shattered
from a revolver.

aging over Scranton,
sutside the windows
juarters, banking the
side, by the shaded
», two old friends sat

ldered, ruddy- faced
lesk was Detective
His visitor was Pri-
\. Rafter, former ace
now manager of his
in the interest of a
argest taxicab com-
that he had _ finally
rs after his own in-

pt him tramping the

eater part of the day.
it stacks up.” Rafter

the boy’s father that

lependable as his son
two days—with his
ime for me to start
dquarters. It’s true
may be snowbound
that hasn't a phone.

DARING

But I know Johnnie Lowry. That kid
would get to a phone no matter how many
drifts he had to wade through. He knows
his folks would worry about him and he

would find a way to let them know he was .

all right.”

“What about the telephone call that
took him out Saturday night?’ Donald-
son put in.

“T’ve been checking it all afternoon.
The call came from a tailor shop, corner
of Adams and Olive. The tailor remem-
bers the guy who made it—quiet young
fellow who had been in before. I took the
description and started checking the
neighborhood. The landlady of a rooming
house on Adams avenue identified him
as a former tenant, Joe Butler. He
checked out Saturday night, went out to
call a cab and came back for his suitcase.
That's the last she saw of him.”

“Got a picture of the missing driver ?”

AFTER drew an enlarged snapshot

from his pocket showing a tall youth

in baseball uniform with a friendly smile
and a tousled mop of blond hair,

Donaldson studied the photo for a
moment. “Nice looking kid.” he mut-
tered. He pulled forward a blue complaint
card, looked at his wristwatch and wrote,
“4:16 p.m.” The date was filled in as
Feb. 4, 1929,

After writing swiftly for several min-
utes Donaldson leaned back in his swivel
chair to summarize his notes.

“Here’s what happened so far as you
know,” he reviewed. “Saturday night a
telephone call came in to the office. It
ordered a taxicab for the corner of
Adams and Olive. It was Johnnie Lowry’s
turn. He left. That’s all. Right? Johnnie
wasn't asked for by name?”

Rafter shook his head. “No. He just
happened to be next on the list. Of course,
somebody might have knoyn it was his
turn. He was getting a quick bite in the
lunch wagon next door just before the
call came, and he might've mentioned that
he was up.”

“And it didn’t occur to anybody that
something was wrong until this after-
noon ?”

“No. The drivers are all under heavy
bond. Lots of things could’ve happened to
keep Johnnie from telephoning. This last
week especially. On account. of the bliz-
zards there’s been a lot of wire trouble.
Then, too, there was nothing suspicious
about the passenger, as far as I could
learn.”

After a short silence, Rafter went on,
“What I figured may’ve happened is that
Johnnie unloaded Butler and then picked
up another passenger who offered him a
bonus to take him on a long haul into the
country. If it was any other driver but
Johnnie I wouldn't have worried. But
Johnnie wouldn’t have let two days pass
without telephoning his mother ”

Donaldson nodded,

With Rafter in the old days Donaldson
had solved many grisly crimes in the
rough mining districts in the mountains
which wall in Scranton. Now they were
working together again, and with the
sixth sense that comes from years ot

DETECTIVE

criminal investigation, both began to feel
that this case was to be their greatest
challenge.

“We can’t send out a dragnet for
thieves at this stage of the case,” Donald-
son said. “We have no evidence that a
crime has been committed. But while the
disappearance is hot you can make a
quiet check-up and find out who was in
town Saturday night.”

By “who” Donaldson specifically re-
ferred to car thieves.

“And,” He added as Rafter got to his
feet and drew on his overcoat, ‘‘check up
on young Lowry—”

“Lowry’s on the up-and-up,” Rafter cut
in. “He’s a swell kid. He’s liked by every-
body, active in church work—”

Donaldson smiled. ‘Just the same, now
is the time to put out lines quietly. That’s
another thing you can do right now better
than we can. Did he have any girl
friends ? Some other lad might have been
jealous...”

Rafter shook his head. “You don’t
know Johnnie,” he said quietly. “I do—”

“Or did,” amended Donaldson grimly.
“T don’t, of course. I can only look at the
case objectively. This Joe Butler might
be a rejected suitor, You know how these
things work. It won’t do any harm to put
out some feelers. I’ll put the case on the
teletype. Give me a description of the
boy and the missing car.”

After Rafter had supplied this informa-
tion, Donaldson made a suggestion. “Get
the story put on the local news broadcast.
It's got color and might have a wide
pick-up. .. . Sure, mention my name if
you like—or Captain Reilly’s name, to
make it official. Say we are handling the
disappearance.”

Within 60 seconds of Rafter’s depar-
ture, teletypes were chattering over the
states of Pennsylvania, New Jersey, New
York, Maryland and Virginia. Its tape
was falling in barracks and sub-stations
of state police, in police headquarters of
large cities, and in the vehicle bureaus
of the capitals of all five states. In his
bulletin, Donaldson shrewdly gave the
missing cab precedence over the driver
for two reasons: first, because it could
be more easily traced through gas stations
and used car outfits ; and second, because
insurance companies are usually generous
in their awards to policemen who turn
in stolen cars, P

“. .. Willys Knight maroon colored
limousine-taxicab, 1928 model, license
number 06-757. Last seen Saturday night
when leaving taxi garage on Pennavenue,
Scranton, driven by John Lowry. ... Also
missing, driver, John Lowry, aged nine-
teen, 5 feet 11 inches, 165 pounds, light
hair, hazel eyes, wearing sheepskin lined
jacket and visor cap. ... Please notify
police headquarters, city hall, Scranton,
Penn,”

This was not dramatic detective work,
but it was extraordinarily efficient. Over
the 6 o’clock news broadcast of missing
persons throughout five states, John
Lowry’s name led the list. And because

By ISABEL STEPHEN

news was scarce that evening, the case
got a good break in the 10 o’clock news
broadcast that featured the mystery of
the vanished cab and its young driver.

Among the thousands who listened to
that broadcast was a private of the United
States Marine Corps, stationed at Nor-
folk, Va. A few hours earlier he had
returned from a furlough spent with his
uncle in Clarks Summit on West Moun-
tain, near Scranton, Pa.

He was in the Marine Corps barracks
lounge when the news came over his
portable radio, Suddenly he seized the
shoulder of a pal, who was quietly read-
ing. “Listen! The state police are hunting
a cab and driver who disappeared in the
snowstorm Saturday night.”

The other glanced up idly from his
magazine. ‘What car? What're you
talking about?”

“Well, the news broadcast says foul
play is suspected. And I think I know
something about it! Saturday night I was
coming back from the dance, to my uncle’s
house on one of the peaks of West Moun-
tain, I was ina U-Drive-It Buick I'd had
to rent because taxi-drivers wouldn’t go
up West Mountain in the storm, It was
snowing and blowing like fury.

“The mountain seemed deserted that
night. Then I saw a car ahead of me and
wondered how I could pass it. It was a
Willys Knight, the kind the cops are
looking for. When I got nearer, I saw it
was pulled off to the side of the road,
with the engine running. Its tail lights
were on but it was empty.”

E PAUSED for a moment to let the

picture sink in. An empty car spill-

ing a pool of red light on the snow of a
deserted mountain road.

“What’s that car you saw got to do with
the missing cab, though?” his friend
asked,

“Just this: it was a Willys Knight
limousine, 1928 model—but, here’s the
point. Because of the snow I ,couldn’t
see the license number, but I could make
out the ‘O’—and in Pennsylvania that
means a taxi license number. Get it ?’”’

“What do you think it was doing
there ?”

“Well, maybe somebody was stealing
the taxi—or had robbed the driver and
ditched the car. I've a good mind to tele-
phone our chief of police.”

“Yeah,” his companion grinned.
“Maybe you'll get to be one of those
heroes who discover wanted criminals
when all the detectives throughout the
country are baffled.” .

This gibe dampened the young marine’s
enthusiasm. His first impulse had been
to telephone Capt. Reilly in Scranton, yet
that might bring a flock of local police
swooping down on the barracks. Higher-
ups might think that he was hunting
publicity. But the image of that phantom
taxi haunted his dreams.

At last, two days later, he wrote a full!
account of what he had seen to the
Scranton police.

Meantime state police had begun a
routine investigation. Troopers visited
gas stations with descriptions of the

39


Marlano, Mount Dewey, Scranton,
Pennsylvania.

Would Marlano be the means of lo-
cating Butler for them—Butler, who
had made that all-important phone
call? Butler—who had acted so queer-
ly at the rooming house? The detectives
lost no time finding out.

Soon they had covered the four miles
to Mount Dewey where they easily

located the Marlano home. Their au- ©

thoritative knocks were answered by
Marlano himself. He knew Joe Butler
allright. And he went along to Scran-
ton with the men. ,

“I haven't seen Butler in months.”
Marlano told Reilly. “He stayed with
me at Mount Dewey for a while. But

, that’s been a long time ago.”

“Where did he work?” Reilly asked
hopefully.

“Didn’t do any work that I ever
knew of. But he always seemed to
have plenty of money. And a good-
looking girl friend, too,” Marlano added
with a grin.

So a woman entered the picture.
Reilly was delighted. A girl might be
the means of tracing Butler even if,
Marlano had lost track of him.

“Who was she?” Reilly asked.

“Her name is Hastings,” replied
Marlano. “Lillian Hastings. I don't
know where she lives or much about
her except that Butler told me she was
a waitress. I don’t know where she
worked, either.”

“We'll find her all right,” promised
Captain Reilly. He made careful notes
on Marlano’s description of Butler and
the Hastings ‘girl before sending the
man home.

Captain A. J. Reilly,
former head of the
Scranton Detective
Bureau. He _ uncov-
ered a clew that took
him to New Jersey

lips: His investiga-
tion played a vital
part in the hunt that
penetrated two states

girl. They were to notify all police
precincts that she was wanted. That
accomplished, he sent Phillips and Bert
Lowry to the historic town of Runne-
mede, seven miles from Philadelphia.

Chief Hogan accompanied the de-
tective to the spot where the car had
been found. Apologetically he explained
that the cab had been discovered two
days after Lowry’s disappearance.

“A couple of woodchoppers saw it
but they didn’t report it until today,”
he said. :

“My heavens, man, that’s over a
week ago!” Phillips exclaimed. “I'll
bet the trail’s just about as hot as ice

now.”-——- TB Ss cay

But before Reilly could put intO “Yeah, but you might get something

operation his plans for locating Lillian
Hastings there was a dramatic de-
velopment in the case. A telegram was
slapped down on Reilly's desk by
Superintendent of Police James Hen-
shaw. It said:

“Lowry taxicab found ditched in
ravine here. Numerous bloodstains in
car. Surrounding area:searched thor-
oughly. No trace of missing man.”
The message was signed by Chief of
Police Thomas Hogan, of Runnemede,
New Jersey.

Reilly’s thoughts raced. Did this

Losing no time, Reilly instructed his
men to start a search for the Hastings

20

from it. Those fellows said they prob-
', ably wouldn’t have thought of report-
ing it at all except that the cab had
what looked like blood stains on the
front seat and they didn’t think there
andl ap an, accident around here
“Blood stains, eh?” commented Phil-
lips. “This case looks more like mur-
der every time I uncover something.”
Bert Lowry had been quietly staring
out of the window of the swiftly mov-
ing police car as it smaked over the
winding dirt road. Now he turned to
Phillips and in a dull, flat voice in
which there was little hope, said:
“I guess if there’s blood in the front
seat it would have to be John’s. Why
would want to harm the kid
I don’t know. He was only 20 and
had never hurt anyone in his life.”

‘Detective Jack Phil-:

a oo A A ee

Phillips found himself at a loss.
He could offer little consolation to the
father of this boy.

Hogan told Phillips to stop the car
as it neared the edge of a deep gulley
in a heavily wooded section of the
countryside The three men scrambled
down the bank. Lowry let out a yell.

“That's it! That’s the car my boy
was driving!”

He raced toward the maroon sedan
which was still standing upright. Jerk-
ing open the rear door of the car, he
pulled out a sign which read “Thorpe
Taxi—call 5000.”

Meanwhile Phillips had gone toward
the front door., There they were, the
ugly, tell-tale brown splatches cover-
ing most of the front seat and part
of the left door. Phillips made a quick
Search of the car and the surrounding
woods.

But no additional clews were to be
found. Phillips tried to comfort the
miserable Lowry. “We can’t promise
to get your son back alive for you, but

if he’s been murdered, we'll sure get
the man who did it!” he said.

Soon the wrecked cab was towed
back over the treacherous road it had
traveled more than a week before; over
Pe road — held the secret of John

wry’s unknown passenger and Pper-
haps of his own fate. :

IX RUNNEMEDE, experts from the

New Jersey State Police Laboratory
tested the brown stains, Pronounced
them human blood. The car was dusted
for finger-prints but none was found.
Then arrangements were made to send
the car back to Scranton.

Still no hint was presented as to
who had ridden with John Lowry—or
if anyone had. Also no explanation of
what had happened to him could be
gathered.

disappearance of a man
whose character was apparently above
suspicion and the curious manner in
which “ gg had made his de-
ure from e house on
Part P ool rooming
“You know, Hogan,” Phillips said,

“maybe this Lowry kid drove out there
by himself for some reason not known
to even his father. Maybe he took a pas-
senger out to some farmhouse farther
up the road and was on his way back
when he was blinded by the storm and
drove over the embankment.”

The elder Lowry clutched at the idea.
“Then John might have been hurt in
the wreck and now is being cared for
in some house near here,” he exclaimed.

Hogan shook his head. “I hate to
smash your hopes,” he said, “but I
think that theory is full of loopholes.
Suppose he was in an accident and was
hurt. A man couldn’t lose all that
blood, get out of the car, shut the door
—and it was shut, the woodchoppers
said so—climb up that hill and wander
off down the road for help. And even
if he did manage it, the person who
gave him assistance would have called
a doctor or notified the police by now.
No, I’m. afraid it doesn’t go.”

When Phillips and Lowry returned
to Scranton they found Captain Reilly
in a state of excitement. But before
he explained why he quizzed Phillips
on every detail of the discovery at
Runnemede.

Admittedly, Reilly was disappointed
at the results. He had hoped the car
might hold the key to the mystery.
But he had another clew to follow up
now and he didn’t waste any time.

“Phillips,” he said, “I found out
where we can get the Hastings girl.
Just a little while ago some patrol-
man from the outlying districts came
in and said she was a distant relative
of his. Right now she’s a waitress in
Camden, N, J.”

“That sounds good to me, Captain,”
said Phillips. “Camden isn’t far from
where the cab was found. Looks like
we might have something at last.”

“I think so, too. If Joe Butler comes
from Philly it would be logical for him
to hide out across the river in Cam-
den, particularly if his girl friend is
there. Now here’s the address of the
restaurant. I want you to hop down
to Camden right away and see what
you can find. But don’t be too quick
to pick up this dame. Shadow her for
awhile. Maybe you can take Butler,
too, while you're at it.”

AN ALERT trio walked down a Cam-
den street the next day, for De-
tective Phillips had been joined by De-
tectives Howard Smith and John Ire-
ton of Camden County. They were
headed for the restaurant where Lillian
Hastings worked. There they made
guarded inquiries and spotted the girl.
Loafing outside the restaurant, they
waited until the waitress quit work for
the day then followed her down the
Street. When she boarded a bus, they
were close behind her and got off at
the same stop.

Lillian Hastings paused a moment to
look about. A young man stepped up
to her. They greeted each other. Phil-
lips’ nerves tingled. Was this Butler?
he wondered. Then, deciding to find
out, he walked up to them and said:

“You're both under arrest.”

The man whirled around at the
words. Lillian Hastings stood staring
at the officers uncomprehendingly.

“What's this anyway?” her friend
demanded harshly.

“You'll find out soon enough,” Phil-
lips replied as he studied the man’s

swarthy features. However, the detec-
tive’s elation was dying out, for this .

man didn’t match the description of
Butler. Who, then, was he and where
did he fit into the scrambled picture?

“What's your name?” Phillips asked
when the pair had been taken to the
Camden Courthouse.

“George Rader’s my name. Why was
I brought here? I haven’t done any-
thing.” The man spoke belligerently.

“Ever been in Runnemede?” Phil-
lips probed.

“Sure, I've been there. But not in
over a year.”

“Your name wouldn’t be Joe Butler,
would it?” The detective asked.

“Joe Butler! Say listen, is that who
you're after?” Lillian Hastings cut in
excitedly.

“Sure,” said Phillips, noting with in-

(Continued on Page 50)

ae

~

terest the girl’s emotion when Butler’s
name was mentioned. “What do you
know about him?”

Miss Hastings seemed to regret her
outburst. “Oh, not much,” she said
petulantly. “I used to know him.”

“Oh, so he’s got another girl, now,” :

Phillips’ bantered in an effort to keep
the young woman talking.

“So what?” she replied scornfully.
“Don’t think I care. Butler’s no good,

ay.” .
“Yes, I think to do care, Miss Hast-
ings,” said Phillips. “I think you still
like Butler even though you’ve got an-
other boy friend.” Phillips was goad-
ing the waitress and doing a master-
ful job.

“You're crazy,” Miss Hastings
snapped, glancing at Rader to see how
he was taking all this. She had come
to a decision. She had the floor now.

“What's more, I’ll show you,” she
said. “If you want to find Butler I'll
make you a present of him. Here.” She
snatched a leaf from a small notebook
in her purse and scribbled on it. “Here's
the name of Butler’s girl friend and the
restaurant where she works in Phila-
delphia, Just stick around her and
you'll find Joe. And I hope you do!”

PHILLIPS was triumphant. The ruse
had worked. He grinned as he told
Lillian Hastings and her friend, “I'll
make you a present, too. If you've told
the truth and we get Butler, you and
Rader here can go about your business.
But I’m not taking any chances.
You're going to get locked up until I
check your story. I’m off to Philly.”

They were on the home stretch. And
it led to a lunchroom on North Nine-
teenth Street in Philadelphia. Phillips,
Ireton and Smith sought out the
manager.

“Do you have a waitress here named
Gertrude Walters?” Phillips inquired.

“Sure, she’s here now,” he said. “I'll
get her.” The obliging manager re-
turned with a tall, attractive girl whom

he introduced as Miss Walters. Her-

dark eyes looked questioningly at the
=, Did she suspect their mis-
ion
She readily admitted she knew But-
ler. “And I have a date with him when
I get through here at 5 o'clock,” she
said. “What’s Joe done?”

“Never mind that now.” Tenseness

made the detective’s voice sound
strained. “We've got a date with But-
ler, too. But we don’t want him to
know about it. You just go on about
your business. He’s due here in half

_an hour. But don’t try to get in touch

with him,” he warned. .

The next thirty minutes stretched
endlessly for Phillips who was sitting
at an inconspicuous corner table, wait-
ing for Butler to appear. If there was
no catch in this situation the man they
wanted soon would walk right into
their arms. .

Gertrude Walters appeared from the
back of the restaurant. She had her
hat and coat on and was looking in
a compact mirror. The other two de-
tectives joined Phillips. Butler would
be here any minute, now.

The girl was nearing the door when
it opened and a slender young man,
dapperly dressed, sauntered in and took

“Stop C-19676!

club—who was the officer? .-

I called the State Police. They said
none of their men had even been in
the district and that they were positive

*

it wasn’t a state patrolman who had .

been with Dew.

county

only George and myself on the Sher-
It couldn’t have been a police officer

who was with Dew. But, what Purcell

50

-So They Put Johnny Lowry on Ice

the girl’s arm. The hard lines of his
Yace softened into a smile which
switched off when Phillips started to-
ward him with a surprised yell:

“Look out, this guy’s a gunman!” he
shouted. “His name’s Sloat and he’s
wanted for murder!” Three guns cov-
ered the scowling man as he backed
against the door. Pouncing on him, the
Officers snatched his loaded revolver.

“So Joe Butler turns out to be Ralph
Russell Sloat.” Phillips gloated. “Now
we're getting somewhere.”

Sloat and he were well acquainted,
Phillips told the others én the ride
back to Headquarters. Sloat had earn-
ed his reputation of being a cop-hating
desperado in Phillip’s own territory.
He was well-known around Scranton.
But he hadn’t been there in years.

Phillips’ own words echoed in his
ears. Sloat was a gunman. Had he shot
John Lowry? From his past perform-
ances the detective knew he would just
as soon shoot you as look at you. And it
wouldn’t be the first time he had pick-
ed on cab drivers. Just four years ago
Sloat had been arrested in Scranton
for sticking up a driver. Was he the
man responsible for young Lowry’s dis-
appearance?

That Sloat was going to make it
tough for them to find out, Phillips
could tell by looking at him, He had
stiffened into a death-like silence. But
Gertrude Walters wasn’t uncommuni-
cative.

Apparently she had never been
mixed up in anything like this before
and she was plenty scared.

“T’ve only known him four or five
months and I thought his name was
Butler,” she said. “Honest I did.”

“Maybe you did and maybe you knew.

‘who he really was,” Phillips remarked.

“Now suppose you tell us all you know
about him. You might start out by
trying to remember whether you saw
him on the night of February 2nd.”

“February 2nd? That was a Satur-

day night, wasn’t it?. No, I didn’t see
him that night but I did the next day.
I thought at the time he acted sort of
queer, He seemed to know what he was
doing and wouldn’t let me ask any
questions so I just forgot about it.”

“All right, now, suppose you tell us
what you're talking about. What did
Sloat do that was so odd?”

“Well, on that Sunday morning he
drove up to my rooming house in a
taxicab and asked me to come along.
be said he wanted me to take a little

le.” ‘

Phillips was listening eagerly and a
satisfied smile was beginning to appear
on his tired face. That taxicab made
Sloat look like their man. 5

“T asked him what he was doing
with the cab and he said it belonged
to a friend of his. We drove out on
some winding country road near Run-
nemede. The roads were slippery be-
cause of the blizzard the night before
and I thought that was what was mak-
ing Joe nervous.”

“Before long he said he had to get
rid of the cab for this friend. I wanted
to'know why but he said it wasn’t any
of my business. He said he was just
doing a favor for this fellow who was

(Continued from Page 20)

in a jam and it wouldn’t get me in any
trouble.”

Gertrude Walters shuddered at the
memory of the incident. Why, she won-
dered, hadn’t she seen then that Joe
was no good? How could she have let
him fool her this way?

“Joe wanted to burn the cab,” she
went on. “But I told him people would
see the smoke and fire at that time. So
we got out and he pushed the car over
a steep embankment. Then we hiked
back to the main highway and took
a bus into Philly.” ,

“Didn’t you wonder how the blood
stains got all over the seat of the car?”
Phillips asked. © %

“Blood stains? Why, I never noticed
any,” she explained.

If Miss Walters was telling the truth
Sloat must have hidden those stains,
thought Phillips. Maybe she hadn’t
known what the spots really were. He
let it go at that, for she was insisting
she had told all she. knew.

But why had Butler taken her on the
ride? Had he thought his act would
look less suspicious if he had a woman
with him in the cab?

Gertrude Walters signed a sworn
statement and was turned over to a
matron. Phillips wired Reilly who ap-
peared a few hours later with a squad
of men. They took Sloat and the Wal-
ters girl back to Scranton under heavy
guard. —

But still Sloat refused to talk. Even
the sight of Miss Walters’ statement
failed to intimidate him. That left the
biggest mystery of all still unsolved.
They had found the death car; they
had found the man suspected of mur-
der. But they still had no proof that
a murder had been committed for no

. - Read It First In
OFFICIAL DETECTIVE STORIES

volunteers, were stalking the banks of

Rockwell’s creek near .an unfinished -.

portion of the Morgan Highway. The
hunt had gone on all day and they
were tired. The sun was dipping be-
hind the mountain and the curious
shadows of a snowy night were begin-
ning to appear. Seal shivered invol-
untarily. Suddenly Perwein stopped
dead still.

“What's that. sticking out of the
water?” he whispered. “Looks like a
man’s foot.” ;

Seal was staring at the object. It
proved to be a man’s foot.

A little sick, the two men tore ice
and stones from a rudely made crypt.
Gradually the waters surrendered the
dead body of a man. The bluish,
crushed frame was all that was left of
John Lowry. —

A CROWD gathered on the sides of
the creek. Reilly pushed his way
through, dragging Sloat along. Omin-
ous mutterings arose from the group at
the sight of Sloat and men moved men-
acingly forward as Reilly jerked him to
the edge of the water. Reilly warned
them back.

“Take a look at that, Sloat. Do you
have anything to say now?” Reilly
asked, his anger rising.

Sloat stared at the body. He didn’t
flinch. There was nothing in his man-
ner to indicate that he had ever seen
Lowry before. Nothing, that is, ex-
cept the utter lack of feeling with
which he gazed at the blue, disinte-
grating form.

So John Lowry was found. But the
murder weapon was never discovered.
Lowry had been shot from behind.
Coroner D. J. Jenkins, who examined

body had been discovered. And courts .the body, found one wound behind the

rarely convict a man for murder in the
absence of the body. °

So Lowry’s body had to be found.
.But where to start the search?

Reilly studied the suspect’s long rec-
ord, dating back to the crimes he had
committed as a boy. From what ‘he
could gather, Sloat had spent his child-
hood in Clark’s Summit, a town lo-
cated just over the top of a mountain
near Scranton. Reilly knew that if

=Sloat had hidden the body it was some-
where near Scranton. Sloat would pick
territory with which he was familiar.
If Reilly's deductions were correct that
territory would be West Mountain.

Cooly and methodically, Reilly plan-
ned Scranton’s most bizarre man-
hunt. It was a hunt for a body to
prove that a murder, which was only
a suspicion in the minds of the search-
ers, had actually been ‘committed.

On the morning of February 15, al-
most two weeks after John Lowry dis-
appeared, West Mountain was swarm-
ing with men who were bent on finding
the missing body. State police, county
detectives, hundreds of Boy Scouts and
civilian volunteers took part in this
gruesome task. The army of searchers -
increased until fully two thousand men
and boys were trampling the woods,
breaking ice on frozen streams and
tearing up brush and stones.

Sloat was there, too, manacled to
Captain Reilly. He watched the pro-
ceedings stoically.

Tom Seal and David Perwein, two

right ear, another in the back near
the spine. Ballistics experts reported
that they were not fired from the gun
Sloat was carrying at the time of his
arrest.

When Sloat went on trial, April 8,
District Attorney Harold Scragg de-
manded the death penalty. This was
cold-blooded murder, Scragg told the
jury; a case of a man taking a life
to steal a cab. Robbery was not the
motive, he stated, for there were two
$5 bills on Lowry’s body when it was
removed from the creek.

The trial wasn’t long. After a week’s
session, during which Sloat did not
take the stand, he was condemned to
death. eae

The murder took place on February
2, 1929. Sloat went to the electric chair
in Rockview Penitentiary on March 31,
1930.. John Lowry’s father and De-
tective Phillips were present.

When the guards were ready to es-
cort Sloat to the execution chamber,
Phillips asked him if he had anything
to say.

Sloat’s lips curved cynically. “I was
framed and no two ways about it,” he
declared as the guards led him away.

Those were his last words.

The names Tony Marlano, Lillian
Hastings, George Rader and Gertrude
Walters as presented in this story are
fictitious and are used to protect the
identity of innocent people.

Stop C-19676!I" (Continued f — Page 27) OFFICIAL DETECTIVE STORIES

had seen was important: It meant that
Dew had left the club with somebody.

TH question now was whether Dew
had left before or after Ruby had
been shot. :

Had someone taken Dew away from
the club on some pretext while an ac-
complice waited to go in and rob Ruby
after they had left? Had Ruby resist-
ed, and was that the reason she had
been shot?

I knew Dew, and I doubted if any-

one with a fake uniform or police badge’
could have made him leave this club.

Yet, it still left the problem of
“where was Dew?”

George came into the office. “What
do you make of what Purcell saw?” he
asked.

“I think he was mistaken about the
fellow with Dew being a police officer.
I’ve called the State Police and the
local Chief. They weren’t at the club.” .
' “I think Purcell saw a cop with Dew,

. all right,” George said. “He's a level-

headed guy, but the cop could have
been a phoney.”

“But, what could be the point in it,”
I argued. “If it was a robbery, it seems
a strange way to handle it. They could
have walked in the club and pulled
guns and gotten away a lot easier.”

“You're right,” George said. “Be-
cause the money is gone from the cash
register, we’ve been taking it for grant-

ed that it was robbery. The money may

have been an after-thought.”
“What other reason could there be?”


THIS CRIME OCCURRED NEAR SCRANTON, PA.

(Lackawanna) Mar. 31, 1930

On the back road the passenger suddenly
ordered the young taxi-driver to pull up.
When the lad stepped on the accelerator
instead, the snowy silence was shattered
by. a deadly shot from a revolver.

HE blizzard raging over Scranton,

Pa., howled outside the windows

of police headquarters, banking the
sills with snow. Inside, by the shaded
glow of a desk lamp, two old friends sat
quietly talking.

The broad-shouldered, ruddy - faced
man behind the desk was Detective
George Donaldson. His visitor was Pri-
vate Detective M. A. Rafter, former ace
of county detectives, now manager of his
own agency, It was in the interest of a
client, one of the largest taxicab com-
panies of the city, that he had finally
come to headquarters after his own in-
vestigations had kept him tramping the
snowy streets the greater part of the day.

“ "that’s how it stacks up,” Rafter
concluded. “I told the boy’s father that
when any driver as dependable as his son
Johnnie is missing two days—with his
cab—it was high time for me to start
working with headquarters. It’s true
enough that the kid may be snowbound
in some farmhouse that hasn't a phone.

DARING

But | know John

would get to a phon:

drifts he had to wa:

his folks would wo:

would find a way t
all right.”

“What about th
took him out Satu
son put in.

“T've been chec
The call came frot
of Adams and Oli
bers the guy who
fellow who had be«
description and
neighborhood. Th¢
house on Adams
as a former tet
checked out Satur
call a cab and can
That's the last sh

“Got a picture

AFTER drew
from his poct

in baseball unifot
and a tousled mo

Donaldson sti
moment. “Nice
tered. He pulled 1
card, looked at hi
“4:16 p.m.” 71
Feb, 4, 1929.

After writing
utes Donaldson |
chair to summiat

“Here's what
know,” he revte
telephone call c
ordered a taxi
Adams and Oliv:
turn. He left. T
wasn't asked for

Rafter shook
happened to be n
somebody might
turn. He was gt
lunch wagon 1
call came, and he
he was up.”

“And it didi
something was
noon ?”

“No. The dt
bond. Lots of t!
keep Johnnie t
week especially
zards there's b
Then, too, the:
about the pass
learn.”

After a shor
“What I figure
Johnnie unloa:
up another pa
bonus to take
country. If it
Johnnie 1 w
Johnnie woul
without telep!

Donaldson '

With Rafte
had solved
rough mining
which wall in
working toge
sixth sense

DETECTIV}


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MALL

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CVol

Oj Luvestigation, Washington, D. C,
. , 5 R I10
F.P.C, 8

1 R OO

FERDINAND WERNER. Aliases, Fer-
do A. Sternisa, . Hribar. Illegal
Practice of Medicine. Reward: TRUE

DICK ORVAL CANNEDY. Assault
with Intent to Commit Murder. Re-
-vard: TRUE DETECTIVE, $100. Age, 40;

neight, 5 feet, 7 inches; weight, 165
pounds; eyes, brown; hair, black; com-

plexion, ruddy. Tattoos: STK DMTNT, |

on back of hand between thumb and
‘ndex finger. If located, wire Director

DETECTIVE, $100. Age, 43; height, 5 feet,
11% inches; weight, 197 pounds; eyes,
brown; hair, black; build,. medium;
complexion, fair. Speaks broken Eng-

lish with distinct German accent. If lo-

cated, wire Prosecuting Attorney David
_W. Dennis, Wayne County, Richmond,
Indiana.

J. Edgar Hoover, Federal Bureau of >
Investigation, Washington, D. C.
18 O 15 R OOO 21 .

- 21) 25. I- M14.
F.P.C.
Ste ge RR OTT AS

F..P, C.

I 20 W OII

DANIEL J. LEARY. Conspiracy to De-

fraud. Rewards: True DErTEcTIVvE,
$160; authorities, $3000. Age, 50; height,
5 feet, 9 inches; weight, 180 pounds;
eyes, blue; hair, brown; complexion,
“florid; shoulders, broad. Squints when
not wearing glasses. Nervous, quick

acting. Neat dresser. If located, wire
Commissioner Edward J. Hickey, De-
partment of State Police, -Hartford.
Connecticut.

WILLIAM RAMAGE.
Donald. Murder and Robbery. Re-

- ward: True DETEcTIvE, $100. Age, 23;

height, 5 feet, 9% inches; weight, 153
pounds; eyes, chestnut; hair, medium
chestnut; complexion, medium’ dark;
build, slender. Occupation, sheet metal
worker. If located, wire Inspector of
Detectives George F. Richardson,
Bureau of Police, Philadelphia, Penna.

20 M 26 W IMO 16 .-

F.P.C.

7 L

12 W OOO

Alias, Mc- -

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: JUNE, 1942.

VbvE DETECTIVE

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—

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TRIAL

APPEALS

LAST WORDS

EXECUTION

SOURCE


months ago to the New Castle Motor Com-
pany.” After a moment’s silence, Young
added, “I think Ill visit their garage.”

In an effort to identify the license num-
ber mentioned by Ellen, I called the State
Highway Department in Harrisburg. They
promptly reported that license 274-509 be-
longed to a sedan in Allentown, in eastern
Pennsylvania. Ellen, it appeared, had been
mistaken in the license number.

A short time later, Young hurried into
she office with some interesting informa-
tion.

The Crow-Elkhart roadster had been
purchased from the New Castle Motor
Company by Thomas Verne Ryhal, Croton
Avenue, New Castle.

Here was a logical suspect. Ryhal, forty,
swarthy and husky, operated a second-hand
store and locksmith business near his
home. He and his wife had adopted four-
teen-year-old Frances Conley, upon the
death of the child’s mother. A year later,
Frances was found dead in bed by the
police, who had been summoned by Ryhal.
Doors and windows were locked from the
inside, and it appeared to be a case of
suicide by gas asphyxiation.

Then, Young and other officers found evi-
dence indicating that the child had been
criminally assaulted and murdered, and
they held Ryhal for investigation. He pro-
duced letters, allegedly from the child, in
which she had threatened suicide, and he
was freed by a coroner’s jury. Despite the
letters and the verdict, Young remained
convinced it had been murder; but he had
lacked the needed evidence to prosecute
further.

Ryhal and his wife parted shortly after
this. Then, one day, Policewoman Rae
Muirhead arrested him on an adultery
charge that involved a_ sixteen-year-old
girl who was acting as his housekeeper.
He escaped prosecution when the girl
denied the accusations at the preliminary
nearing.

Yes, he was certainly a likely suspect,
I thought; and I instructed Young to bring
nim in for questioning.

“We can’t find him,” the detective re-
ported shortly. “Elder and I went to his
store on Croton Avenue and found it
closed. He and his wife have been recon-
ciled, the neighbors said, and they left
New Castle about a month ago. No one
knows where they went.”

Steen Belle was still holding grimly to
life, although surgeons offered scant hope
for her recovery.

Policewoman Muirhead was spending
twenty-four hours daily at the girl’s bed-
side, waiting and praying that she would
regain consciousness long enough to de-
scribe her assailant.

I called the highway department again,
this time for a list of Lawrence County
automobile licenses beginning with 274. It
was Saturday afternoon, and the depart-
ment, I discovered, was closed for the
week end.

I called the Harrisburg police depart-
ment. I did not know the Harrisburg
officer who ended our conversation with
“We'll fix you up,” but he certainly filled
my request capably and promptly. A tele-
gram the next afternoon listed eleven
Lawrence County motorists who had been
issued license plates beginning with 274.

Nine of them were promptly discarded,
since none of them owned roadsters. The
tenth we cleared of all suspicion. The re-
maining name on the list was that of
Thomas Verne Ryhal, owning a Crow-Elk-
hart roadster, license number 274-590.

Now, we had Ryhal strongly linked with

the attempted abduction of Ellen Hays, °

but with nothing to connect him to the
brutal attack on Clara Belle Lennox—
that is, nothing but our suspicions. Speak-

Sereno ey

ing from his background of years of police
experience, ‘Young summed up the situa-
tion when he said tersely, “Two things
repeat—history and criminals.”

Despite. hours of investigation, not the
faintest clue to Ryhal’s whereabouts was
uncovered. Then, on. Tuesday evening.
Young and Elder happened to question
Ralph Williams and Amos. Hartzell, two
youths from the vicinity of the wanted
man’s closed store.

“Ryhal? The guy who runs the second-
hand store? Why, Amos and I saw him in
his car Friday night at about 9 o’clock,”
Williams related.

Hartzell corroborated the statement. The
two boys promised that, if Ryhal appeared
again, they would call the police.

So our suspect was somewhere around
New Castle!

Chief Elder dug Ryhal’s picture from the

WELL PREPARED

Police motorcycles, equipped
with three-way radio, will im-
prove your chances of being ar-
rested for speeding in Belleville,
New Jersey.

The cycles have all convention-
al equipment plus four-by-four
loudspeaker on handlebars and
microphone mounted on_= gas
tank, They have special genera-
tors and oversized batteries.

The microphone type permits
clear reception at headquarters
despite wind and motor noise.
Transmitter and receiver parts
are in metal cases mounted on
either side of the rear wheel, pro-
tected by safety bars.

, —Lloyd Thomas.

police files and showed it to Ellen Hays.
She couldn’t identify him positively.

“If he only had a smile,” she said, “I
could be certain.”

Then Sheriff Boyd recalled that an uncle
of the wanted man resided near Black-
town, a village on the Butler Pike, four
miles south of Mercer and twenty-five
miles north of New Castle. Boyd and
Young, with Special Deputies James
Fowler and Orville Brown—later my law
partner and a deputy attorney general of
Pennsylvania—drove to Blacktown via
Mercer, on Wednesday morning.

Finding Sheriff David Jarrett and his
deputies absent’ from Mercer, the four
officers proceeded to the uncle’s farm. As
they. stepped from the car, near the huge,
weather-beaten barn, two men, bending
over hoes in a potato field, stood erect.

“There’s Ryhal,” Young remarked quiet-
ly, nodding in the direction of the younger
man.

Ryhal suddenly dropped his hoe and
sped for the swamps that stretched for
miles back of the barn. Fowler and Brown

pursued him, but Ryhal outran them. He
splashed through the brackish water and
faded from sight into the marshes.

A hurried call to Mercer brought Sheriff
Jarrett, Deputy Frank Livermore and a
score of volunteers to the farm to join
in the hunt. Young telephoned me and
asked for assistance, suggesting also that
near-by towns and police be warned to
watch for the fugitive.

With six carloads of local citizens, I
rushed to Blacktown. Sheriffs Jarrett and
Boyd directed the search, setting a cordon
of guards around the swamp while rubber-
booted men began beating the area.

Meanwhile, the Crow-Elkhart roadster
was located in the barn. Deputy Fowler and
I made a hurried trip to New Castle, re-
turning with Ellen Hays. Although greatly
embarrassed by the stares of the watching
men, she walked bravely to the car and
examined it closely.

“This is the car I was in,” she said,
turning away, “or one exactly like it. I re-
member the dashboard and floor mat.”

I immediately impounded the car and
ordered it driven to New Castle. I was
taking no chances of Ryhal’s escaping with
a part of our evidence.

A relative of the wanted man admitted
that the suspect had been in New Castle
on the morning of July 14th.

“He and I took in a load.of blackberries,
and Verne tried to sell them along Wallace,
Lincoln and Centennial Avenues,” she
said. “We reached New Castle about 9
o’clock and came home at 12:30.”

She explained that Verne had left her at
Urmson’s store, on Highland Avenue, at
about 9:00. When he rejoined her at
noon, he had complained he had been un-
able to sell many berries, due to too much
competition.

Ryhal’s wife stated that she had ac-
companied her husband to New Castle on
the afternoon of July 14th, and that they
had returned late in the evening. He had
stopped during the trip, she said, near
King’s Chapel, where he told her that he
had some whisky cached. They had argued
when she objected to his connection with
the contraband.

The search ended at dark, when the
-possemen returned empty-handed. Ryhal
had made good his escape.

Sheriff Jarrett left several deputies at
near-by farmhouses to watch for the
wanted man.

Sheriff Boyd, talking with Jacob Ryhal,
the uncle, explained that we believed
Verne guilty in the Hays affair and con-
sidered that he was possibly the person
who had so brutally attacked Clara
Lennox.

“If he’s guilty, he needs to be punished,”
was the honest farmer’s decision. “If he
comes back, what should I do? Call you?”

“If he returns,” Sheriff Boyd replied,
“you telephone Sheriff Jarrett. He’ll come
for Verne.”

Jacob solemnly agreed.

And so we returned to New Castle on
the evening of July 20th. While awaiting
news of the fugitive, we examined the car,
seeking possible clues, but found nothing.

At 10 o’clock on July 25th, Sheriff Jar-
rett notified us that Ryhal had been taken
into custody that morning at his uncle’s
farm. The prisoner, we learned, had re-
turned there late Saturday’ evening.
Jacob had fed him and had demanded
that he give himself up. Verne had refused
and, after eating, had disappeared again. He
reappeared late Sunday evening, and
Jacob again demanded that he surrender
and explain his activities on July 14th.
When daybreak came, and Verne still re-
mained recalcitrant, Jacob called Sheriff
Jarrett, unknown to his nephew.

Jarrett, with Livermore, District At-

torney Leroy

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BLONDE IN THE BRIAR PATCH

(Continued from page 25) had been driven
by some one she knew, and that a friend or
acquaintance of the family was the wanted
criminal.

* * *

When Clara Belle disappeared, I had
been absent on a business trip, returning
to my office in the Union Trust Building in
New Castle on the evening of July 15th.
Young, with the assistance of Sheriff
Boyd and Chief Elder, immediately gave
me the details of the case. All three were
inclined to believe, because of the condi-
tion in which the girl had been found, that
she had been criminally assaulted, and
that her attacker had clubbed her, to
silence forever any accusations she might
have made.

I called the hospital and talked with
Dr. Boyles about the gravity of the girl’s
condition.

“She is still alive,” he said, “but it’s im-
possible to say how long she’ll live. She
may never regain consciousness. There is
a likelihood that she never will.”

He and Dr. Zerner, he said, had found
evidence that Clara had suffered five
blows on the head. Two, across the fore-
head, were not particularly serious, but
the others had necessitated an operation to
relieve pressure from a double fracture of
the skull above the left ear and eye.

“We found no evidence whatsoever of
attempted or perpetrated sex assault,” he
concluded.

The officers greeted this report with
mingled emotions. If assault had not been
the motive, they demanded, what had
been? And why had her assailant stripped
her of her garments, leaving the attractive
girl nude?

Although no house was visible from the
thicket in which the girl had been found,
officers had hurriedly questioned residents
for miles around. None recalled seeing the
girl in the neighborhood, nor remembered
a big car occupied by a man and girl. Yet
Clara had undoubtedly lain in the thicket
since about noon the day she vanished,
for surgeons fixed the time of her assault
at that hour.

Later in the evening, as I was leaving
the Union Trust Building, a grim, broad-
shouldered man accosted me. Introducing
himself as Pat Hays, a steel mill foreman,
he said tersely, “I want to see you. I’ve
got something to tell you.” I led the way
back to my office.

“We weren't going to say anything about
this,’ Hays began, facing me across my
desk, “for we didn’t want publicity. But
now we've decided that maybe my daugh-
ter’s experience has some bearing on what
happened to the Lennox girl.”

At about 9 a.m. the day before, Hays
related, his daughter Ellen, a summer
student at New Castle High School, had
left home for her classes.

“Between Reynolds and Phillips Streets,
a man stopped his car and asked her if
she wanted a ride. Now, Ellen has been
taught to be wary of strangers, and she
refused. But the man said, ‘My name’s
Stevens. I know your father, Pat Hays.
It’s all right.’ So, she concluded he was
a friend of mine and got into the car.

“She asked to get out at the high school,
but instead, he drove rapidly past it and
out the Wilmington Road for several miles.
She doesn’t know exactly where they
stopped, but thinks she can retrace the
route. Out there, he stopped the car in a
lane leading into the thicket,

“Ellen was almost speechless from

fright,” Hays went on, as I listened in-
tently, “and when he stepped from the car
and around to her side, she jumped from
her seat and ran, screaming, through the
briars.

“The man ran after her, grabbed her arm
and said, ‘Shut up, you little fool, or I’ll
kill you!’ He dragged her to the car, shoved
her into her seat, and they drove back to
New Castle. Near the high school he pushed
her out and drove away. Ellen came home
and told us about it.

“I’m positive that I don’t know any one
named Stevens,” Hays concluded.

The locality in which Ellen had been
accosted was on the south side of New
Castle, far across town from Moody Ave-
nue, yet the circumstances indicated a
possible connection. The high school, where
Ellen last saw the man, was only a few
blocks from the Lennox home, and Clara
disappeared that very same morning.

I located Young, and we accompanied
Hays to his residence.

Ellen, a slim, beautiful girl of sixteen,
still exceedingly nervous from her terrify-
ing experience, repeated the story as her
father had told it. She believed she could
identify the man, and described him as be-
ing sharp-eyed, of medium size, wearing a
blue shirt, brown trousers and a felt hat.
“He was all smiles,” she said, “until we
reached the woods.” -

“Do you recall the make of car or the
license number?” I asked.

“I'm afraid I don’t, Mr. Muse,” Ellen
faltered. “I was so frightened that I thought
of nothing but escaping. The car was a
roadster and had some sort of bird or
bird’s name on the dashboard or floor or
some place.”

Early the next morning, Young and I,
with Ellen and her father, started from
the spot where she had been accosted. At
her direction, we sped across the city and
out the Wilmington Road, swinging left
at the forks. Presently we turned into the
Pulaski Road and came within sight of
King’s Chapel.

“I remember that church,” Ellen said.
“He turned left there.”

A half mile farther on, she exclaimed
excitedly, “There! That lane is where he
stopped.” Young gazed solemnly at her,
then turned to me, pointing to a briar
patch close by, on my right.

“There’s where Clara Belle Lennox was
found,” he said. Ellen hid her face in her
hands at the reminder of the possible fate
she had escaped.

It was my first view of the scene, an
isolated, desolate spot with no sign of
human habitation in any direction. A
weed-grown wooded section lay up the
slope across the Bridge Road. It struck
me that Stevens, whoever he was, must be
someone familiar with that section of the
country.

On the return trip I questioned Ellen,
trying to arouse her recollections of the
man, the car, and, most of all, the license
number.

She eventually expressed the hesitant
opinion that the first three digits of the
license were 274, and the last three in-
cluded a 5. .

“I hate to say definitely, for I don’t want
to cause an innocent person trouble,” she
murmured as she arrived home, “but I be-
lieve the number was 274-509.” °

D.-iving away, Young remarked, “I won-
der whether that design of a bird Ellen
saw on the car might have been a crow.
If it was, the auto could have been a
Crow-Elkhart.”

It was then I recalled that the only
Crow-Elkhart roadster in the neighbor-
hood was owned by a prominent New
Castle attorney, and he was far above
suspicion. I mentioned this to Young.

“But he doesn’t have it any longer,” the
latter said. “He traded it about three

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come

torney Leroy Rickards and a posse of eight
men, reached the farm in two cars. One
carload surrounded the barn while the
other group, including Jarrett, Rickards,
and Livermore, encircled the house. Jacob
informed the authorities that Verne was
in the barn. When that building was found
to be empty, Jacob led the way through the
house and up a flight of stairs.

While Rickards stood guard in the hall,
with Jacob a silent watcher, the other two
searched one of the bedrooms. There was
no sign of the fugitive.

Then Jarrett stood in the doorway of
another room, while Livermore did the
inspecting. As the latter straightened after
peering under the bed, his eyes regarded
the mattress. Something about its ap-
pearance struck him as queer. He prodded
it with his gun barrel.

Verne Ryhal squirmed from between the
double mattresses and leaped for a window.
Livermore downed him with a flying tackle
and snapped on handcuffs.

When searched in the New Castle jail,
the prisoner’s pockets revealed $58, a
pocketknife, a plug of tobacco and a small
gold ring with the stone missing.

He explained his flight by harking back
to the old adultery charge. “I wrote Mrs.
Muirhead a threatening letter because she
had had me arrested, and thought that’s
why you were after me.”

He denied any connection with the Hays
case, and maintained that his sole knowl-
edge of the Lennox atrocity came from
newspapers.

He boasted of evading the searching
deputies by concealing himself under
water with only his nose showing. He had
lived four days on blackberries from the
swamp bushes.

Ellen Hays watched, unseen, as Ryhal
and six others walked down a jail corridor.

“The fourth one is the man who ac-
costed me,” she said. The fourth man to
pass her was Verne Ryhal!

We questioned him intensively, but could
not secure an admission of guilt. Ellen, he
insisted, was wrong in her identification.

Qutiining his movements during the
morning of July 14th, the prisoner ad-
mitted that he had separated from his
kinswoman, but claimed that he had spent
the intervening hours selling berries,
stopping also at the New Castle Motor
Company to make a payment on his car.

The afternoon trip, he said, was made
to enable him to stop near King’s Chapel,
where he had whisky hidden, as his wife
had stated.

Checking his sales efforts along Wallace,
Lincoln and Centennial Avenues, Young
found a strange situation. No one remem-
bered Ryhal, but various housewives stated
that dozens of men selling berries had
called during July. Ryhal might have been
among them.

The payment on the car, we learned, had
been made, but at 4 P.M., not during the
morning.

Next, Sheriff Boyd and Young, again
combing the countryside near King’s
Chapel, questioned a youth who remem-
bered seeing, on the 14th, a roadster with
a man and woman in it. But this lead
proved worthless, for the young man was
unable to identify either Ryhal or the
Crow-Elkhart.

Young did establish the fact that Ryhal
formerly had worked at the Greer farm
and was familiar with the terrain there-
abouts. The latter declined to lead us to
the whisky which he claimed was hidden
there.

During all this time, Policewoman Muir-
head kept faithful vigil at Clara’s bed-
side. The girl gained, little by little, and
finally the surgeons said she would live.

On August 8th, she regained complete

consciousness and a clear mind. When she
talked with her parents for the first time,
her mother was overcome with emotion and
required medical care. Soon after her
mother left the room, the girl looked won-
deringly at her thin white hands, then
turned to Mrs. Muirhead who was standing
near by.

“What happened to my ring?” she asked
weakly.

The policewoman, after questioning
Clara, telephoned Young, who sped to the
girl’s bedside. He handed something to
Mrs. Muirhead, who then slipped a gold
circlet on one of Clara’s fingers.

“Is this the ring you meant, Clara?” she
asked.

The girl examined it and said, “It’s mine,
but what happened to the red stone?”

The ring was the one found in Verne’s
pocket. Ryhal curtly refused to talk, re-
ferring us to his counsel.

Day by day, as she gained strength, Clara
cleared up the mystery of her disappear-
ance. She had been accosted at the High-
land Avenue Church by a man using the
same tactics as those used to ensnare
Ellen. “It’s all right, I know your father.
He’s Frank Lennox,” he had said.

She remembered seeing young Reed as
she entered the car.

Instead of driving downtown, as he had
agreed, the man sped out Wilmington
Road and finally stopped in a lane. Leaving
her in the car, he was gone for what Clara
estimated to be a half-hour.

Returning, he started the car, then
stopped, saying that the brakes were stuck.
Producing a policeman’s night stick and
a small iron bar from the rear of the car,
he directed the girl to hold the night stick
in the spokes of the right rear wheel, while
he attempted to pry loose the brakes. Her
last memory of him placed him at her side,
armed with the bar. She did not recall
Ryhal stripping her of her clothing.

On August 22nd, Clara, accompanied by
Mrs. Muirhead, Young, Chief Elder and
her father, retraced the route.

Ryhal’s preliminary hearing, after num-
erous postponements, was held on October
25th. Clara repeated her story from the
witness stand, then dramatically identified
Ryhal as the man who had accosted her.

Under heavy bail, Ryhal was remanded
to court on charges of felonious assault
and battery.

O. November 23rd, Clara Belle became
delirious and, four days later, died. A
post-mortem revealed that an abcess on
the brain, resulting from the terrible
beating she had suffered, had caused her
death.

On December 13th, 1921, Ryhal went on
trial, not for felonious assault, but for
murder. His attorneys made a strong ap-
peal for a change of venue, asserting that
it was impossible to secure a fair and im-
partial trial jury in Lawrence County.
After a hearing as required by law, Judge
S. Plummer Emery denied their plea.

Associated with me in the prosecution
was former Judge William B. Porter, who
was retained by Frank Lennox as special
prosecutor. Together, Judge Porter and
I pored over law digests and reports, seek-
ing an exact precedent to support our
efforts to present Clara’s sworn testimony
at the preliminary hearing.

We finally did find a case of similar
circumstances that had occurred in Kan-
sas in 1916. Citing this precedent we suc-
ceeded, after hours of argument and de-
bate, in securing a favorable ruling from
the court. The testimony was admitted.

In his own defense, Ryhal told a story
from the witness stand that surprised all
who heard it. I listened in silent amaze-
ment as he talked.

“Certainly, I took both girls out there,”

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79

he said. “I was running whisky from the
farm and needed camouflage. The Hays
girl made so much racket, I brought
her back to town, then picked up’ the
Lennox girl. She got hurt like she said,
when the brakes stuck and she held the
club in the wheel.

“I stepped on the starter with the car
in gear, and she was thrown high into the
air, alighting on the running board, head
first. I thought she was dead and decided
people would think I killed her, because
I knew my past record wasn’t so good.
So I hid her in the bushes.

“That afternoon, when my wife and I
returned to New Castle, I went to see if she
was still alive, using the whisky as an
excuse for stopping. That’s when I tore
her clothes off, so it would look as though

some one had criminally assaulted her.”

I accused him, during the cross-exami-
nation, of beating the girl, seeking to
silence her lips forever when she had
threatened to report him after she had
resisted his advances. He denied it.

It was entirely possible that Ryhal,
after attacking the girl about the head,
had stripped the young woman with in-
tent to commit criminal assault, but had
been frightened off before he could ac-
complish his foul deed.

On December 21st, at 10:55 p.m., after
four hours of deliberation, the jury re-
turned its verdict.

“We, the jury, find the defendant,
Thomas Verne Ryhal, guilty of murder as
charged.”

His attorneys carried appeals to the

State Supreme Court and the Pardon
Board, but, on October 30th, 1922, he was
escorted to the death chamber at Rock-
view Prison. At 11:07 that evening, he was
dead.

The voice from the grave, in the form of
Clara Belle’s testimony, which had been
read to a jury by a court stenographer,
had sent him to a merited fate.

Epitor’s NoTE

In consideration for the persons con-
cerned, the real names of two of the
characters in the foregoing story have
been withheld, and fictitious names have
been substituted: namely, Pat and Ellen
Hays. A picture of Thomas Verne Ryhal
appears on page 24.

‘Continued from page 5) between him
and his cherished hope. He would be wel-
comed back—but only if he returned alone.

In his brooding, he blamed her for his
predicament. It became a fixation that
grew strongly as the months passed. When
bleak November rolled around, he made
up his mind that she would have to die.

On December 5th, Maas drove his team
into a Watonga livery stable. He told the
owner that he would like to board the
horses there while he was away on a
pressing business trip. He confided that his
wife was about to have a baby and there-
fore he didn’t want her to be burdened
with the care of the animals.

Snow began to fall and continued during
the two days which followed the departure.
On the afternoon of the 8th, the wife of a
settler who lived a few miles away from
the Maas dwelling went to see the sheriff
in Watonga. She explained that when the
news of the German’s absence had spread
through the little settlement she and
other neighbors became concerned over

Of distinguished
lineage, this
prisoner was...

Martha’s lonely life, especially in her
delicate condition. Desiring to be of as-
sistance, she baked a cake and rode over
to the cabin. She noticed the drifts piled
up against the entrance, the absence of
tracks in the snow and also that there was
no smoke coming from the chimney of the
house. And when she pounded on the door
there was no answer.

The sheriff and a deputy made their way
to the cabin and broke in. They found
splotches of dried blood in the front room.
Strands of blonde hair clung to the blade
of a bloodstained ax which lay on the
floor.

Signs of a severe struggle were found in
other rooms.

A closer scrutiny revealed that several
boards on the kitchen floor were loose.
When these were raised the officials dis-
covered dismembered parts of Martha
Maas’ body in a shallow trench.

The first suspicions aroused in their
minds were directed toward the enemies
her husband was known to have made. But
these were soon discarded for two reasons.
D Not a single item of the husband’s wear-

ing apparel was found, apparently indicat-

80 ing that he had planned to remain away

“COUNT OF WATONGA”

for good. What he did leave behind were
several letters which he had received from
Germany.

When translated they were discovered to
be missives from relatives who kept urg-
ing him to return—but only if he came back
alone.

The sheriff, reasoning that Maas was
evidently on his way to a port from which
ships sailed to Germany, enlisted the aid
of Federal authorities. Government men,
armed with a complete description of the
fugitive, were planted at all such sea-
ports. On December 15th he was arrested
in New Orleans as he was about to mount
the gangplank of a European-bound liner.

He readily admitted his crime and agreed
to return to Watonga. There he told the
prosecuting officials that his motive had
been to free himself from the “taint” of
common blood and thereby vindicate him-
self in the eyes of his noble clan.

Maas was found guilty by a jury and
sentenced to life imprisonment. Since there
was no penitentiary in the Indian Terri-
tory at the time, he was committed to the
Kansas State Prison. After he was ad-
mitted and subjected to an examination,
the authorities declared him insane and
returned him to Oklahoma, advising the
local officials that, because of his mental
condition, they could not legally keep him
in confinement.

The Watonga prosecutor took exception
to their findings. He argued that the jury
which had found him guilty had gone into
the question of his sanity and was satis-
fied that he was a malingerer who was
acting the role of an insane person to
escape the consequences of his crime. But
Kansas stuck to its guns, and so did Okla-
homa, For several years Maas was kept in

_ custody in the little Watonga jail.

It was during this period that Count
Von Maas, a brother, and Count Von
Hohenstein, an uncle, loaded down with
money, came over from Germany, saying
they were ready to purchase his pardon.
It didn’t: take them long to find out that
they had made the journey in vain.

Shortly after the Territory was admitted
into the Union in 1907, legislation was
passed which provided for the erection of
a modern penitentiary at McAlester. On
March 27th, 1910, after the prison was com-
pleted, Maas was confined there.

As an escape from the realities of prison
life, he began devoting his leisure hours to
painting. He was provided with scrap
canvas, wagon paint, and crude brushes,
and allowed to spend his time at his easel
in the loft of an old barn where rats
scurried over the floor and pigeons fluttered
in the rafters. His first efforts, like the
material which produced them, were crude.
But he soon began to show: signs of de-
veloping a promising, technique. As the

years went by, he obtained better equip-
ment and began producing paintings which
were highly commended.

Shortly after Thompson B. Ferguson,
editor of the Watonga Republican, was
elected Governor of Oklahoma there was
some public sentiment that Maas’ many
years of confinement had been sufficient
expiation for his crime. The governor
sent a commission to the prison to study
the situation and to make recommenda-
tions regarding the prisoner’s release.
Maas told the investigators pointblank that
liberation was no privilege for him. The
first World War had wrought such changes
in Germany that life there no longer ap-
pealed to him. Most of his friends and
relatives were gone.

“The only friends I have,” he added, “are
inside these walls. Where would I go when
I got out? The only place I know would
be the poorhouse. Please forget about me.”

More years passed. The prisoner’s ec-
centricities increased but they were all
harmless ones, like growing a long beard,

...to become a
skillful artist
in later years

mumbling to himself, and generally with-
drawing from association with others as
much as was possible. Never once did he
break an important prison rule.

One day Governor M. E. Trapp visited
the prison. He told the warden he wanted
to have a talk with Maas.

“I wish they’d leave me alone,” the
prisoner said when a messenger brought
him the word that the governor wanted to
see him in the front office. “My sentence
bin for life. I intend to stay here until I

ie.”

Thus prison days continued for Con-
rad Maas. On April 5th, 1936, when he was
in his 69th year, he was found dead in
the cubicle he had used as his studio for
more than a quarter of a century. The
doctors said it was his heart. He was buried
in a cemetery not far from the walls of
the prison where his handiwork remains
as a stark reminder of the price he paid
for his crime.

Eprror’s Norte
Pictures of Conrad Maas appear
above.

FANT

(Conti
his pt i
The letters
came so insist
determined
He would co:
make a hon
and by his act
her to seeks
he thought,
the path migh:
to Florence- B
He rented
Park Avenup
to Rockland +
two children,
infant daught
Mrs. MacFa
arrived in N
and the quar:
band began
were to bring
cases in the
MacFarland
mapped out, «£
his wife’s dis
which he ha
was unable
raising the *
the large ap
to his story
he desired
“You won't
long,” he st
one of their
So the da:
MacFarland
his wife’s mi:
assuring Flor
to bring the
Almost daily
the Philadelp
hint to keep
had made to
frantic over |
Excerpts fr
as follows

Ye
limit
been icau
wife. I'll !
me, and k
Tell me
you think
vorce? F
get settled

My hea:
planning

Do you !
day prese:

With such
Allison Mact
campaign
wife felt for
delphia—it
person was-
Farland, tel!
fidelities. B
stand clear
not divorce

“My childr
going to co:

‘told him si:

of words in

The turm:
continued u:
ber, 1911.4

t anywhere.
specially, in
vays been a

é, originally
‘nt of Pitts-
but he had
raving been
zg a taxicab.
except that

apparently,
yn her mind
» had been,
e left home.
time when
spect of the
She seemed

Pittsburgh’s
it had been

n the force,
1 newspaper
y earned a
ce, were on

Number Six
ter Avenue,
rt.
s Wrecking
vhich might
he scene of
ve Captain
ust a short
rowd away
id. pending
any pos-

Detectives

towards

——

ERE IPS

Pittsburgh’s Sensational Voodoo Slaying 29

Center Avenue, noticed just a few feet away, two torn
envelopes and a handkerchief. He called the detectives.
Sullivan went over and picked up the envelopes. One of
them contained six cards, ordinary playing cards, held to-
gether by a black pin.

A woman’s handkerchief was nearby and Sullivan picked
that up, wrapped the cards in the handkerchief and placed
the: cards, envelopes and handkerchief in his coat pocket.

They might or might not have an important bearing
upon the case. ,

The stone, previously mentioned, which had_ struck
Elsie Barthel’s head, was removed to the Detective Bureau.
The girl’s body was taken to the morgue for an autopsy.
Captain Leff assigned Morgan and Sullivan to the Barthel
home, in the hope that any information the family might
have would help in the search for the brutal killer.

Word came to them from the morgue that the physician
performing the autopsy had made a startling discovery.

Elsie Barthel would have been a mother in a few
months.

Checking the movements of Miss Barthel on Saturday,
the detectives learned from Mrs. Barthel of Savage's tele-
phone call to her daughter.

She had heard only a few words that she could remember,
she said, words that sounded like “fifteen ones, some pennies,
two envelopes.” ©

“She told me she was talking with Savage, that's all,”
Mrs. Barthel told the detectives. .

The detectives asked many questions about Si vabh Who
was he? What did he do now? Could Elsie have been
talking with him about things that dlidn’t concern
business?

“He reads cards,” one 5
of those in the Barthel
home said.

“Ah, voodoo,” Detec-
tive Morgan said, as if

unconscious of the fact that he was
saying it,

The detectives learned then that
Savage, in addition to being butler, and
a man-of-all-work about the house, also had
quite a reputation among his own people and
among some of the Whites in the neighborhood, as

a “charm doctor”. _ He exerted certain powers through the
use of cards and cured numerous ills of his people through a
voodoo spell, they said.

Sullivan took the cards wrapped in the handkerchief,
and the envelopes from his pocket.

Mrs. Barthel had heard Elsie say: “Two envelopes.”
Perhaps this was something. The handkerchief was identi-
fied as Elsie’s. But, of course; that did not necessarily
connect the cards and the envelopes with the killing, nor
with Savage.

THERE was a possibility that Elsie, on her way to the
hospital, had been attacked by a prowler and dragged up
the driveway Gnget the portico,

Sullivan spread | the cards out on the ‘table.

There were six of them—the ace, deuce, trey and four
of diamonds, the five of spades and the seven of clubs.

Voodoo is a system of magic and superstitious rites said
to be accompanied with cannibalism and human sacrifices
in’some sections of the world. It is said to be particularly
prevalent among certain Negro peoples.

Certainly, if the cards and the black pin were involved
in Elsie’s killing, it was because of some mystic rites that
were to be. performed.

The detectives went into a room alone and summarized
their case as far as they had progressed.

Elsie was engaged to be married. She was about to
become a mother. If the man she was to marry wasn't
the father of her unborn babe, that would account for
her apparent lack of happiness in the face of her approach-
ing wedding.

It would account, too, for her melancholy spirit.

Her natural impulse would
be to relieve the condition in
which she found herself and
which, probably, her intended

The Voodoo
hand of death
which Miss Bar-
thel placed un-
der her pillow at
night and which
was found at the
scene of the crime
by the investiga-
tors. With these she
sought a death, and
found it, for herself

sow rent 2) abt

sth PRA RECN. RE

AGRE Jp AMER acted ies ea Race
- Been. sem > on

28 The Master Detective

Wine ew
Wie, t

4 ye THE HAND OF JUSTICE ay,
a John Hickey, Pitts- Frank Morgan, detective who rec- William Sullivan, de-
burgh detective, who ob- ognized the part the voodoo hand tective, the third important
tained the murderer’s confession played in the death of the nurse trump in the hand of justice

through dirt and grime. Horrified and astonished by what
he saw, he looked closer.

The woman—he saw it was a young woman—was dead!

McGunnegle dashed across the lawn to the hospital.

Perhaps there was still time, a spark of life left. He
might save her. .

It was 11 o’clock in the forenoon now. Doctor Marshall
had just started his rounds in the hospital, accompanied by
an interne.

McGunnegle burst in upon a hospital attendant at the
office.

“GEND a doctor over to the Hussey place quick! There's
a girl hurt—dead, | think,” he gasped.

The startled attendant called Doctor Marshall.

“You'd better run over there, I'll look after the cases
here,” he told the interne, and then, as the thought of
Elsie Barthel came into his mind, he added:

“Wait a minute, I’ll go, too.”

Together they hurried across the hospital lawn to the
Hussey Mansion.

Other persons had arrived by now. Doctor Marshall
and the interne pushed through the little circle surrounding
the body. Doctor Marshall gazed once at the upturned
face.

“My God—Elsie Barthel,” he half whispered.

It was his nurse and secretary.

As calmly as he could under the circumstances—because
it was a distinct shock even to his professional calm—he
directed that the body be-carsied over to the emergency
room at the hospital.

He was certain, from an immediate preliminary examina-
tion. that Elsie was dead; but. if there was a spark of life
left, 'he would try to revive it.

It took him only a short time in the, hospital, ‘however,
to determine that any efforts to revive the: girl would be
fruitless.

She had been dead for at least twelve hours. He was sure
of that. Her skull was fractured badly. Probably she had
died almost instantly.

The news was broken to Elsie’s mother an hour later.

“My Elsie—my poor little Elsie—killed, murdered,” she
cried hysterically.

Elsie had worked for Doctor Marshall four years. She
was a girl of medium height, slender, but not especially
thin. She was of dark complexion and rather pretty—a

brunette type who would attract attention most anywhere

Her male friends were few, however, now especially, in
view of her coming marriage. But she had always been a
popular girl.

The man she was to marry was Walter Haule, originally
from Cleveland, but for some time now a resident of Pitts-
burgh. He was a well educated young man, but he had
no particular trade or profession. And now, having been
unable to find other employment, he was driving a taxicab.

The date for their wedding hadn't been set, except that
it was to be in November.

Elsie, lately, had seemed worried; undecided, apparently,
about her marriage. Something seemed to be on her mind
and she was not as carefree, generally, as she had been,
although she was apparently happy the night she left home.
Her attitude was unusual, especially at this time when
most girls would have been happy in the prospect of the
future, with the wedding day not far away. She seemed
downcast, even melancholy.

[NVARIABLY, Sunday is a quiet day in Pittsburgh's
Detective Bureau. On this October Sunday it had been
unusually quiet all morning.

Frank Morgan, a veteran of many years on the force,
and William Sullivan, who had graduated from newspaper
reporting to detective work and had quickly earned a
reputation as one of the best men on the force, were on
duty. They were partners.

The telephone rang. It was the Sergeant at Number Six
Police Station.

“Girl murdered at Hussey Mansion, Center Avenue,
Bennett’s Wrecking Yards,” was the brief report.

Morgan and Sullivan had been to. Bennett's Wrecking
Yards many times in search of stolen cars which might
have found their way there. They reached the scene of
‘the crime ten minutes after calling Detective Captain
Louis Leff.

Patrolman Andrew J. Smith had arrived just a short
time before the detectives and was keeping the crowd away
from the spot where the body had been found, pending
the arrival of the detectives. He didnot want any pos-
sible clues destroyed.

Captain Leff came shortly afterwards with Detectives
John Hickey, David Corbett and several others.

The hunt for the killer started at once.

Patrolman Smith, strolling along the driveway towards

hom


30 The Master

husband didn’t know existed. She would have todosomething,

She could not get married in her present condition if her
husband-to-be wasn’t the father.

If she had been unfaithful to him, she would not want
him to know.

Certainly, as a nurse, she should have known that the
mystic charms of an alleged card reader could not help
her in her present plight.

But the workings of the troubled mind of a girl in such
a difficulty, are hard to imagine.

Then there was another question, an important one. If
the man she was to marry, Walter Haule, wasn’t the father,
and apparently he wasn’t, according to the detectives’
reasoning, then who was the father? \

Somewhere there was another man in. the case, Who
was he? And could he, in an argument about her con-
dition, have become enraged and struck her down?

Another thing—if Elsie wasn’t going to the hospital to
visit friends, what was she doing at the Hussey Mansion?
How did she get there? And whom did she meet there?

They could do two
things immediately; ar-
rest Lorenzo Savage and
Walter Haule,  Elsie’s
sweetheart.

But apparently there
was a clandestine affair
in the girl’s life about
which no one knew.

To arrest either or
both of the men, Haule
and. Savage, might be
folly. There was noth-
ing tangible upon which
to hold either, and to ar-
rest men in a murder case
on nothing more than
suspicion was to cast
over them a cloud that
might never be lifted.

TRUE, Elsie had

talked with Savage
on the telephone two
hours before she left on
her fatal journey. But
that call might easily be
explained. Mrs. Barthel
had heard Elsie say “two
envelopes” during that
conversation, and two
torn envelopes had been
found near the body, but
that was only circum-
stantial.

It would be best to’
have a firm basis for
any arrest made in the
case—the most brutal
murder Pittsburgh had
known in many years.

If the cards found
near the body had any-
thing to do with the kill-
ing, somewhere there
was a_ short deck—a
deck with only forty-six
cards.

Could the detectives
find that deck?

The logical place to
look for -it, in view of
the information they
had received, was in the

Detective

place where Lorenzo Savage was living at that time.

There were no playing-cards at all in the Barthel home.

The detectives found that recently Savage and his wife
had been living at the home of C. S. Mitchell, South
Highland Avenue,: Pittsburgh. They went to the Mitchell
home from the Barthels’, after first calling headquarters
and asking that other men be sent to the address to sur-
round the house—a precaution always taken.

GAVAGE wasn’t at the Mitchell house at the time. But

he ‘had a room there, on the third floor, in the servants’
quarters.

“We must search the room,” the detectives told the
Mitchells.

“But it must be a mistake,” Mrs. Mitchell said. “Lorenzo
couldn’t do anything like that; he couldn’t kill anyone.”

“We do not say he killed anybody,” one of the detectives
said.

“This is a murder case, Mrs. Mitchell,” he went on,
“and the murderer is still at large. The room we want


ar VOODGO SLAYING

HITE

‘eSS

the window
nday, Octo-
Ars. Barthel
\lmost auto-
uut of bed
m.

en slept in!
turned home

ner two other
hters, Laura
Margaret,
younger
Elsie, who
twenty-eight
s old.

sretty bru-
se body was
ounds of an
ion in Pitts-

6th, 1923

Perhaps she
ime to phone

Elsie better
m had come
frequently

thout letting
Doctor Mar-
anywhere.”
Elsie, nor

ind had met

girls come
spitals.’ If
to tell her
hearing the

he doctor
1e arrived;

all but the Homeopathic, where he was a member of the
staff. He was going there and Margaret might go along.
Even if Elsie weren’t a patient, Margaret could inquire
there of persons who knew her, whether or not they had
seen her sister.

But Elsie wasn’t there, and no one Margaret asked had
seen her. Doctor Marshall sent Margaret back home in
his car with instructions to keep him informed.

Margaret went home, to find her mother even more
frantic. The girls could not comfort her in any way.

That same Sunday morning Alexander McGunnegle, of
Neville Street, Pittsburgh, had trouble with his automobile
and decided to replace a defective part.

The car wasn’t new—in
fact, it had seen much ser-
vice—and he decided that a
used part would serve his pur-
pose as well as a new one.

"lel cn cae RT ail
The Voodoo doctor who provided
Miss Barthel with the charm cards
which were to end her troubles
There was an auto wrecking yard

not far from his home, at a place

called Thornton’s Grove, part of the

Hussey estate on which

stood the old, and now

abandoned, Hussey’ Man-
sion, a landmark in Pitts-
burgh’s Shadyside dis-
trict.

The Mansion had
been an attractive
old shows e ,
though now
fallen into ruin.
Ingits "day" tit
was a show
place and had
housed many celebrities
at gay functions held un-
der its roof.

The first floor of the old
house, with the partitions

ee Ram no ARNESON RNAP AE PR

-A weird story of a believing nurse,
a charm doctor, and a voodoo hand
of death, which this time proved

a sinister and truthful omen

removed, had once served as a dance hall, but lately had
been used chiefly as a trysting place for young lovers.
Often, the laughter of the spooners was broken by a girl's
shrill, hysterical cry which could be heard by the nurses
in the Homeopathic Hospital, which was about a hundred
yards away.

McGUNNEGLE, in search of the part he wanted for his
car, wandered among the wreckage in the yard and

soon was close to the old Mansion: It attracted him and
he started to walk around the driveway that encircled it.

He reached the old portico, where carriages had rolled
up to discharge their passengers years ago. Then he
stopped short.

What was that?

A body!

He looked again to be sure. It was the body of a
woman. ;

A heavy stone block had fallen on the woman’s head.

He pulled away the block of stone. If there was
any life left it couldn’t last long under that weight.
He turned the body over, and looked upon a face
that showed the
pallor of death
+>

This fatal seventy-one pound block of stone spelled certain death for its helpless victim


so SORE AeteS Beower Pa, State 8ricon tBeaver County) |P°oetober 23, °1961
DOB OR AGE Lh *Acehite eee electrician Res DENSE den GEN
RECORD
CRIME DATE OTHER
Murder l-27-1958
VICTIM AGE RACE METHOD
Vincent xyxx Quigley and White Shot from ambush
ieee Mistaken identity

SYNOPSIS

On night before being tran

burgh, cut wrists with a razor « Guard

discovered and wounds, Superficial, treated, wed time since “ay when the

legislature debated bill to abolish capital punishment, Taken to Rockville on day of execution,
© 4heyear=old Schuck was reported by depu

Friday WESnxKRaEX tun U. S. Supreme Court deni

r 1
refused to review conviction,

rifle on their automobile in Econony, Beaver County, on April 27, 1958, he was tried cnly for

fed Cuig U

n dune 20, by vote o ro} Ss later, Lawrence, who
said he would approve any bill.t

rescheduled Schuck's execution for
protest scheduled execution, BFAVER FALLS, PA., NE“S TRIBUNE, Oct. 23, 1961,
~— Peg e-oreg—_—_§|_ :

Photograph on
4 e

» legislature deféeate e Iwo mon

electrig regan sutwardly calm, Schuck, ilieyearaold electrician from Reaver County died in
electric chair,.,Was strapped into chair at 10:91 PM. Twominutes later, executioner Jerome
__Kremer of Pittsburgh switched on electricity and he was pronounced dead at 10:0h PM, From time
he left cell for last woak, uttered not a word, Kept head bowed as he wakked with eve Kenneth
Anderson, prison Chaplain, Only when he was being strapped in the chair did he look
gaze momentari Oo the eyés o e Wi

y hesses who were gathered outs dé the death chamber, —
Ee said nothing, Prison officials said he had been "quiet andcalmt

"mistaken identity"
rreled, A girl in
ed the state's contentions in a
series of petitions for Clemency, "I was so intoxicated that night I could not have conceived
the thought nor carried it out," he was quoted as Saying, Excessive drinking had plagued his
unhappy adult life, A sanity board with conducted hearings after his trial found that Schuck
een treated for alcoholism uring Ais Army career in World War tt:—at me 6 guard=

e Ag 3
house for being voy while drunk and was given a disability discharze for alcoholism, The same
Seat: : ‘ ;

were not any childrem, Schuck'
Funeral home at Ambridee,

TRIAL

7 x =a a” a + . bs *
s body was claimed by wife and taken to the Edward McCabe
BEAVER FALLS, PA., NEWS TRIBUNE. Oct. 2h, 1961,

Page one,

APPEALS

16h ATLANTIC (2nd) 135 Cert. denied 82 SUPREME couRT 138

LAST WORDS

EXECUTION

SOURCE

FRANK Hewtn OFrice auPBiv—-odruan


COMMONWEALTH v. SCHURTZ, Appellant.

337 Pa.
ini he Court. [

Syllabus-—Opinion of t ;
iy hat defendant committed the deed; and t :
agree Ith to raise the degree of crim
f the first degree.

406

loubt
a reasonable ¢ ;
burden was upon the Commonwea eters
from murder of the second degree

[410]
6. Isolated excerpts torn from th

considered apart from the poise aie :
the parts objected to do not fo

e heart of the charge cannot -
nd if the whole is accurate zi
proper basis for reversal.
fair,

. £ is y or h t ] U dge recit 1 f
T It 18 not necessar f the tria ju gz to e al 0 the

testimony in a case in his charge to the jury.

28, 1939. Before SCHAFFER,

J vember
Argued Noven Sasa od

TAXE pw, LINN, STERN an ‘
rates re 387, ‘Jan. T., 1939, from judgment 0
Appeal, ce

ort Cc ) * ’ ’ ’
ay f Cc ] h ° . =

affirmed.

re ON rH, P. J.
Indictment for murder. Before ee tke oe
The opinion of the Supreme Court ite ms oe
Vv Pdict of guilty of murder of the firs ee Ra
j Seriehi and sentence thereon. Defendant ap
ju
mong others, were various excerpts

ipsa Bushy udge and refusal of mo-

from the charge of the trial j
tion for new trial. 7
Russel
Robert V. Moser, with him Abe L. Snyder and
v val .
8. Machmer, for appellant.

llee.
Robert M. Fortney, District Attorney, for appe

940:
Justicn Barnes, January 2, 194 -
ho we upon a project
in Lower Augusta

OPINION BY MR. sy

The defendant, who was ics a5

: inistration,

Torks Progress Administ1 .
ea: Northumberland County, shot and ki
r, on April 21, 1939.

9, he was brought t

Township,
foreman, Edward C. Fishe

days later, on May 3, 193
His motions for change of ven

led his
Twelve
o trial.

ue and for a continuance

Ra TARA ct sia

nett aie Ss SSAA MRC AR

COMMONWEALTH v. SCHURTZ, Appellant. 407
405, (1940).] Opinion of the Court.

were refused, and he was convicted of murder in the

first degree with the penalty of death. The court below

denied him a new trial, entered judgment on the ver-
dict, and imposed sentence. In this appeal defendant
assigns as error the refusal of his several motions, the
failure of the trial judge to withdraw a juror because
of allegedly improper remarks by the district attorney,
and certain portions of the charge to the jury which
he deems incorrect and prejudicial.

There is little dispute as to the facts. Defendant,

married, and the father of a twelve-year-old son, had
quarreled with other W. P: A. foremen who preceded
Fisher at this project. On April 20, 1939, the foreman
gave defendant written “notice of complaint” made in
triplicate, in which it was stated that defendant’s “meth-
od of work [was] too slow for satisfactory production,
too much talking, will be necessary to give more inter-
est to work to remain on project. Second warning will
mean suspension.” Defendant complied with Fisher’s
request that he sign the paper as an acknowledgment
that he had been notified of the complaint. He received

one copy of the notice, and the remaining two were re-

tained by Fisher. That evening he brooded over the

incident, discussing it with acquaintances and his wife,

and worrying over the effect that it would have on his

future employment. He testified that he believed his

signature on the notices was an admission by him that

he was too lazy to work, which would result in his dis-

missal and disqualification to receive “relief” for him-

Self and family. After a sleepless night, he procured |
& loaded revolver which he kept in his home and car-

ried it to his work, intending, according to his testi-
mony, to commit suicide if he could not persuade Fisher
to destroy the notices.

When he reached the place of his employment on
the morning of April 21, 1939, he requested the time-
keeper not to check his card until he had a “show-down”
With the foreman. When Fisher arrived, defendant said


Te dt oe a

aca feet

410 COMMONWEALTH v. SCHURTZ, Appellant.
Opinion of the Court. Tee
onstration against defendant before or at the sone aa
there is no allegation or proof that sas oats pe
ict ias judice. nder -
to its verdict by bias or preju ey coreg ae
++ was within the sound discretion
cumstances it was within *
trial judge to grant or refuse the motion, ane to sista
infnd whether there existed such mio are a!
‘fendant in the public mind tha
toward the defendant in ie naacnige
i re ailable to him in the sele :
dinary safeguards aval stern
“s ld be ineffective to secure a
Seal Here, there is shown no such abuse of
j sing
discretion by the court as to warrant us omar .
its determination of that oe en corte meng
ieri, 153 Pa. 535; Com. v. Maren, ato ©. Eom
S Wists 271 Pa. 584; Com. v. Skawinski, 313 Pa. 453 ;
. ‘ o) - 57
Yom. v. Riggs, 313 Pa. 457.
ger aa specific objection was made to = ag
defendant now claims that he was prejudice Bo
following passage: “Tivery unlawful killing is presu
to be mtirder «that is, murder of the second Tete
| i defendant to redu
he burden is upon the -
ae ee the crime to manslaughter, where it is ee
beyond a reasonable doubt that the pacer Seat
d ‘den is upon the ©0 i
he deed; and the burden is Set
io raise as degree of crime from murder of the ek
earvée to murder of the first ee ey ¥ ban she
e fai ‘ial judge to define the bur
the failure of the trial judg Fahey teem
i he defendant raise rl 2
must be borne by t Sa be
lements of manslaug
hat he must prove the e mi
vane reasonable doubt, thereby irae ee sotss
ori y f the State. The ex e
et the primary burden o : en
‘iil aot support such an inference. The et Se a
most identical to those used in the ry c ce
Fastive Aqnew in Com. v. Drum, 58 pie a5 Sg
cently approved in Com. . Kluska, 333 Pa. ge
Co Lee, 226 Pa. 283, upon which defendan ’
sae eee a statement similar to the one
f you are satisfied beyond a
did not exist, then the

juro
that jurisdiction.

grade

the trial judge added to

here quoted: (p. 284) “I
reasonable doubt that malice

‘é
®
és

COMMONWEALTH v. SCHURTZ, Appellant. 411

405, (1940).] Opinion of the Court.
killing would be manslaughter.” It is clear that there
is an obvious difference in the two charges.

The trial judge not only concluded his charge with
a clear exposition of the presumption of innocence and
the measure of the Commonwealth’s burden, but. he
also read and affirmed defendant’s point for charge ex-
pressing the applicable rule of law concisely and cor-
rectly. Isolated excerpts torn from the heart of the
charge cannot be considered apart from the context,
and if the whole is accurate and fair, as it was in this
case, the parts objected to do not form a proper basis
for reversal. See Com. v. Glenn, 321 Pa. 241; Com.
v. Becker, 326 Pa. 105; Com. v. Stelma, 327 Pa. 317.

We find no merit in defendant’s contention that the
trial judge committed prejudicial error in failing to
recall to the jury in his review of the evidence that
portion of the testimony of one witness which defend:
ant deemed favorable to his case. The evidence was,
on the whole, well and fairly summarized, but the jury
was expressly instructed to rely upon its own recollec-
tion of the testimony. At the close of the charge coun-
sel for defendant was given ample opportunity to correct
any inadvertent omissions of evidence from the court’s
summary, and expressed himself satisfied. There is no
necessity that the trial judge recite all of the testimony,
and here the omission complained of was harmless. See
Com. v. Becker, supra.

It is unnecessary to discuss the remaining questions
raised by defendant. We have carefully considered
them, and find that they are without merit. Our re-
view of the record convinces us that he had a fair trial,
and was properly convicted and sentenced.

The judgment is affirmed, and the record remitted
to the court below for the purpose of execution.

ene $3


408 COMMONWEALTH v. SCHURTZ, Appellant.
Opinion of the Court. [337 Pa.
he wished to talk to him privately, and they walked
together to a stone wall a short distance from the of-
fice. There was an altercation, during which Fisher
refused to alter or surrender the notices. As he re-
turned to the office, defendant followed him, continu-
ing the discussion. Te testified that he asked the
foreman to consider his family, but that he replied:
“I don’t give a damn about your family, to Hell with
them.” With the remark that the foreman was not
going to deprive him of his livelihood, defendant drew
his revolver and shot Fisher in the back of the neck
as he was ascending the steps to the office. He died
almost instantly. Defendant, apparently calm, men-
aced another employee with his gun and compelled him
to drive to police headquarters where he surrendered
voluntarily. Several times while in custody defendant
stated that he knew the consequences of his act, and
was sorry only for the stigma that would attach to his
son. THis defense at the trial was that when he shot
Fisher his mind was in such a condition that he was
mentally irresponsible. ;

We have reviewed the record and are satisfied that
it discloses a homicide with all the elements of murder
in the first degree, and the jury was warranted in so
finding. Therefore, the question is whether any of the
assignments of error is of sufficient merit to require
us to reverse the judgment and sentence imposed.

Defendant complains of the refusal of the motion
for a continuance. The reason given for the request
was that his counsel found the nine days that elapsed
from his appointment on April 24 to the trial on May
3, 1939, insufficient time to prepare his case. The facts
of the homicide were clear and the names and addresses
of all persons acquainted therewith were easily ascer-
tainable. They were close at hand and their attend:
ance could be compelled by process. ITis counsel does
not point out in what respect he was handicapped by
the brevity of time, but merely asserts that nine days

3
3
kd
é
E 4

COMMONWEALTH v. SCHURTZ, Appellant. 409
405, (1940).] Opinion of the Court:
was insufficient to plan the defense of any murder case
no matter how simple.
This contention is conclusively answered by our de-
cision in Com. v. Deni, 317 Pa. 289, where we held that
the trial judge committed no error in refusing to grant
a continuance of a murder case called for trial the ninth
day after the homicide, the facts being clear and no
opportunity being denied defendant to procure neces-
kary witnesses. We there said (p. 292): “In deter-
mining whether a continuance should be granted in
any criminal case, the nature of the crime and the cir-
cumstances attending it must be considered. The oc-
CURTERCEK surrounding a crime, its preparation and
execution, may be so involved that more time is required
to prepare a defense than where such complicating in-
cidents are not involved.” In Com. v. Lockhard, 325 Pa
56, counsel was allowed but eight days to nears the
defense, while in Com. v. Flood, 302 Pa. 190, counsel
for defendant were appointed on January 21 aia the
trial was set for the following February 3 1930 In
these cases we held that it was not error ‘a refuse a
continuance, and said that while sufficient time for ade-
quate preparation should always be given-in cases of
this character, so that a complaint of undue haste can-
not fairly be made, “delays through unwarranted ua
unnecessary continuances should cease”: Com. v. Flood
supra, (p. 196). | 5
An application was made to the court for a change
of venue upon the ground that the public mind had been
prejudiced against defendant by unfavorable articles in
the local newspapers, by the publie military faiadeal
of the deceased, and by the wide discussion of the crime
in the community. It is conceded that nothing eWay
in the record to show that local prejudice or hostile
Sentiment affected the trial in any way, and that sacs
feelings were too “intangible” to afford instances of
concrete expression. The newspaper articles referred to
were not offered in evidence, there was no public dem-

te ee

SIR ME AS SM

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CA dds 9

——

28: Margaret Brown, above, was the victim
torch slayer in Morristown, New Jersey

: in kitehen move
{hroom mirror, She
cdroom, summons
ichalantly back into
o closet door and
lice arrive. George
aced robber, sur-
iy Judge James A.
inty Attorney Wes
Oklahoma, arrested
vart of loot taken in
sunty National Bank,
y had led searching
ace of loot revealed
s, captured robber.
len, only $3,719 was
ink,
shooting bandits
ers and employes of
as City and escape
re smoke of their
cngers arrive from
ith $80,000 in cash.
nee robbers had
this sum, but had
a few minutes too
dits herd train crew
into coach with
due them with vol-
open door of mail
{h two mail pouches
0 in currency from
) at St. Mary’s sta-
Park, near Chicago.

vene Amlaw, night
| Wilfred R. Gerrior,

are murdered in
Criminal Insane at
achusetts, during at-
ners to escape...
cr, of Camden, New
io death for murder
itence commuted to

He learns wood-
side prison, patents

inventions. When
as $50,000 in bank
e opens factory to
»nvicts who want to
id-West police comb
1 Burns and Samuel
‘ison inmates wanted
Neputy Sheriffs John

P. Grove and Wallace McClure while
the officers were transporting them
from Lafayette, Indiana, to the state
penitentiary at Pendleton. The inmates
fled in Sheriff’s auto after dumping
bodies in woodlot.

— ae

Madero and Vice-President Suarez, of
Mexico, assassinated, and American
woman accidentally slain in Mexico
City during outbreak between revolu-
tionists and loyalists.

KILLINGS: John Paul Farrell, in-
sane ex-convict, confesses sending
cigar box bomb to New York apart-
ment: home of Mrs. Madeline Herera
which killed her and critically injured
her husband and boarder. Farrell, a
former employe of the dead woman,
said she had fired him and he mailed
the infernal machine Clinton
Smith, rejected suitor, confesses slay-
ing Mrs. Tamar Collins Hanscom at
Minneapolis; explained that he wouldn’t
have done it, except that he knew
“they wouldn’t hang me for it in
Minnesota” James Purcell, in-
former, who had turned in much evi-
dence in New York City police graft
investigation, blames taunts of friends
calling him “squealer” for upsetting
him mentally so that he kills daugh-
ter and tries to kill wife.

William A. Dore, Stockton, Califor-
nia, auto salesman, admits slaying but
claims self defense at trial in Salem,
Massachusetts, for murder of George
Marsh, wealthy shoe manufacturer,
The men had argued over settlement of
estate ... A tragedy of the North—
two men are penned up by snow in a
prospector’s cabin north of Edmonton,
Alberta, Canada, starving and_half-
frozen. They eat only animal skins for
a month, and nothing at all for eight
days. Fach watches for the other to
relax, Len Lemicus napped first and
Henri LeClaire. plunged a knife into
his heart and ate. When other guides
reach the shack and find the skeleton,
they discover that LeClaire had writ-
ten the story on the back of the door
before he fled to escape sight of his
decd, and to perish in the snow.

ROBBERIES: A lone bandit holds up,

the “Stockyard Special,” an expres,
company train bearing late receip
from the yards to a downtown Chica
bank, and escapes with $1,000 in cas
and $8,000 in checks .. . Lewis Wolf
wearing a diamond ring on his rig
hand, enters a Baltimore barroom,

stranger seizes his hand, bites the dia

mond out of its setting, and flees with”

the gem in his mouth ... When Miss
Dorothy Fisk, banker’s daughter, re-
turns from the Communion Rail in a

1933: The body of beautiful Mary O’Connor, Brooklyn, New York, sex
fiend victim, was found in the woods at Massapequa, Long Island

SWINDLES: P. J. Fuller, “con man,”
is indicted by federal grand jury in
New York on charges of using mail
to defraud investors out of estimated
$1,000,000 in various “get rich quick”
schemes,

The Month Twenty-Five Years Ago:
February, 1913 .

HEADLINES: President Francisco

a a

New York City church, she discovers
that a $500 gold-mesh bag she had left
in her muff in the pew had been stol-
en...C. C. VanVagner, of Charlevoix,
Michigan, who went to New York City
with $25,000 in securities in his pocket,
returns home without them because
holdup men cleaned out his pockets in
Times Square, New York City ... New
York Police receive a tip that the G. F.
Wilhelm Company will be robbed, and

oe gs be ta ae 5, 4 a) QQQ
VV fl, Qe bbe ded SS ALLO Dd 9 om sd 11-14-1888

for 21 nights a detective remains in the
office on. guard. On the twenty-second
night he is withdrawn, and thieves
make off with $18,000 worth of furs.
PENOLOGY: An _ investigation is
launched to prove or disprove stories
of inmates of the Jackson County, IIl-
inois, jail at Murphysboro, who swear

1913: President Francisco Madero
of Mexico, whose political career
was ended by an assassin’s bullet

that the ghost of a man hanged there
seventeen years earlier haunts the jail
every night . . . Two inmates of the

County Jail at Washington, Pennsyl-
vania, claim a single cup of coffee at
supper-time. They fight with impro-
vised knives, and one is stabbed to

death. __~

Month Fifty Years Ago:
February, 1888

MURDERS: John Showers, 72, of
Lebanon, Pennsylvania, is sentenced
to hang for the slaying of his two
young grandsons because he wanted
them out of the way so that he could
attempt to induce a 30-year-old widow
to marry him... Amos J. Snell, mill-

to death in his home and detectives
search for gang who sought to steal
his rent receipts . .. Mrs. Sarah T.
Robinson, of Boston, is convicted of the
murder of her grandson after winning
acquittal in an earlier trial for the
double slaying of her son and daughter.
Police say she poisoned to collect life
insurance.

ROBBERIES: Chicago police locate
a cave beneath a sidewalk used as
hangout by boy gang, seize ten pistols
hidden there, and announce gang is
responsible for 50 robberies in the
neighborhood during three week per-
iod ... Robbers break into the freight
office at Brownsburg, Indiana, and
crack open a number of packing cases
expressed to James Miller, in care of
his step-father. Investigation discloses
that the cases had contained articles
which Miller had stolen from an Iowa
insane asylum where he was employed.

PENOLOGY: Three prisoners who
sawed their way out of the county jail
at St. Paul elude capture because they
have a day’s start, It was twelve hours
after the break before they were
missed.

The Month One Hundred Years Ago:
February, 1838

SIGN OF THE TIMES: Doctor
Isaac P. Vaughn and Walter Pleasants
reach the climax of their hostility at
the Columbia Hotel, Richmond, Vir-
ginia, and when the battle ends,
Pleasants is found shot to death. It is
said that the affair may be reported
to the proper authorities.

CRUELEST MAN: A man in Pitts-
field, Massachusetts, named Shearer,
said to be between 80 and 90 years old
and wealthy, is committed to jail in
Lennox for beating the child of one of
his tenants. The baby, two-and-one-
half years old, was eating pudding and
milk and cried for more. Shearer beat
it with his whip so unmercifully that
the infant died twelve hours later.

flr_teetire BLES /FS


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f ? eS i ae ATi

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ae
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3

PHL IDES I BRED IR BRE RS RAY MER SOR hr a

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x byte et ie
History of Beaver County 359

district attorney was John B. Young, Esq., who was assisted by
Thomas Cunningham, Esq.; and. the counsél for the defense
were N. P. Fetterman, Esq., of Beaver, and S. L. Wadsworth,
of New Lisbon, Ohio, a member of the Columbiana County,
Ohio, bar, assisted. by Samuel B. Wilson, Esq., of Beaver. The
petit jury were Joseph Duncan, John Stevenson, John Hesson,
Henry Schramm, Anthony Barrett, Joseph Boots, Samuel Nel-
son, James C. Ferguson, William Gill, Benjamin Hall, John
Cochran, and James H. Dungan.

The trial lasted five weeks, and on September 18th the ver-
dict of the jury was rendered, finding Sheets guilty of murder
in the first degree. On the following day N. P. Fetterman
moved for a new trial on the following grounds:

1. ‘wo horseshoes not given in evidence were, without the
knowledge or consent of the defendant, sent out with the jury
when they retired to form a verdict. 2. Verdict not sustained
by law and evidence. 3. The discovery of new and material
evidence. 4. James C. Ferguson, juror, while in the box, was
asleep.

The motion for a new trial was overruled by the Court, and
Sheets was sentenced to be hanged.

Three times after his arrest the prisoner made his escape.
The first time was from Cook's Hotel in Darlington, where he
was detained by the officer on the night of his arrest. He was
recaptured at Wellsville, Ohio, and brought to the Beaver jail.
After he was convicted, he was, on October 22d, permitted to
escape from the jail by. the turnkey, Daniel Dunbarington, and
for five days lay concealed in the home of Mrs. Dr. R. B. (Eliza
H.) Barker, within three hundred yards of the prison. Through
the weakening of the turnkey his hiding-place was revealed, and

he was again brought to custody. The third break for liberty
was made on the day that sentence of death was passed on him.
While being taken back to jail from the court-room by Sheriff
Roberts and Deputy Sheriff Ledlie, he broke away, but was
recaptured by the deputy neat the bank of the Chio River.
Sheets-2vas finally executed on April ro, 1863. :

There was an interesting sequel to this case. Mrs. Eliza H.
Barker, who had secreted Sheets in her house, together with
Margaret Jones, Eliza B. Craft, Jesse Barker, and James Barker,
were indicted and arrested as accessories after the fact. They

te et

reeersse csr

OE EE RES TE

ETRE ME ae eS

28 tay ET EEE
15 4)


was changed back to Beaver County, and a new indictment
framed, but for political reasons the case never came to final

Thé “Law Association of Beaver

County” was chartered
April 20, 1876.

Its purpose is thus expressed:

- (5) To make efforts to improve the law and

invasion of their rights and pri

fluence. (7) To Promote kind and u
cerned in the administration of justice.
and influence of the bar °

f Beaver County.

The following were the charter members:
berlin, Samuel Magaw, Joseph Ledlie, J. R
Wilson G LT Eberhart, Alfred S. Moore, F.
Wilson, W. S. Morlan, E. B. Daugherty, J. J.
Henry, H. R. Moore, James K. Piersol, John
Small, N.C. Martin, and W. S. Moore,
ship were to be: (1) Two thirds vote of
(2) The payment of ten dollars,

Brown B. Cham-
. Harrah, Frank
H. Agnew, S. RB.
Wickham, Thomas
M. Buchanan, O. A.
The terms of member-
the charter members,

In this sketch of the bench and bar of the county it has been

in the nature of things impossible to furnish sketches of living
members. In their case we have

space to notice those only
There will, however

ORE aah amet E 8 ile getty

sae”

OS thee as ase oe 83

aiden

ead

t+ *

y

\.

today.

Instrument. INO BUC tists Giie

Humpert

- @ sister, Emma. -Humpert.

“No Motive’ eet
* “surviving are three sisters, Mrs.
William Byron, Carlisle; Mrs. Al- |
r,'Gardrers R. 2;

R."1, whom
raised. ) oe
" fumpert was a son of the late
Samuel and Susanna ‘(8rb) Hum-
‘pert, late of Adams county, and
was a, farmer all of his life.

“There appeared to be no motive
for the apparent murder, according
to information obtained up to noon
Thursday unless robbery may.have
‘entered into thepicture. About 10
years ago Humpert had been robbed
of some money that was in a trunk
at his house. ses

Doctor Crist said there will be an
inquest but has not fixed the time.
: Found By Neighbor

A neighbor, Spencer McKinney,
discovered the body about 4:45
o'clock Wednesday evening.

Mr. and Mrs. McKinney, whose
home is about 700 yards from the
“Humpert dwelling became worried
when they did not notice Humpert
about on Tuesday or Wednesday and
saw no light at the Humpert home
Tuesday night.

McKinney asked his wife to keep;

a sharp watch Wednesday and when
she did not see the elderly farmer
moving about he went in search of
the man. McKinney found no one
at the house and then saw Hum-
pert’s lantern and glasses lying
about 35 feet from the barn. He
went to the entry of the barn and
pushed aside the door to enter.
Near the end of the entry he saw
a huddled shape.
Find Pool Of Blood .
McKinney then notified other
neighbors and went to Gardners to,
ask Postmaster Grover Myers to call
state police. ,
Coroner Crist, Corporal Jenkins
and McKinney went to the” barn
upon the arrival of the investigat-
ing Officers. - ~ oan
They found Humpert lying with
his: head against: a pest and with
his body lying toward the back of
the barn. Straw and-graund pushed
_ aside appeared to indi¢dte that the
man. had scratched and kicked in.
an apparent attempt t@ ralse hin-
self and get out of the barn. *
About five feet from the..barn
was a large pool of blodd that had

soaked into the ground. Tiere were

no apparent bloodstaihs fot afother
20 feet along the front of the barn.
Just inside the entry there were
blood markings on straw of. the
floor and more blood on a fegd bin

State Police Say:

Your safety off-the-job is as
important as your safety on-the-
job if you want to keep at-your-

‘job. To remain alive—remain
alert — take no unnecessary
chances.

ned jived alere for the————~———

and on two burlap bags that were).

; the birth of a daughter, Mary Pa-

TU TAU CCT Fp . . : ‘ wR 2
: 408 ,appointed et a special meeting of. Dr. Jon:

| the borough council March 18. Mr. | itus of ¢
| Schnurman is a hold-over member ; Theologice
‘of the commission. | troduced t
Vacancies in the Police depart- charge of

found between the entry aud the | ment to be filled-are those cocasioned | and Patfi
place where the body was lying. | by the resignations of C. William | of India,”

about three feet above the ground

In Gettysburg Monday , Zhea and Clark W. Staley. The lat- | compante¢

Mrs. McKinney said she saw Hum- | ter’s becomes effective April 1. A motio
pert arrive at his home in a Car) - +. aes (of India,”
Monday evening about 4 o'clock. | ‘h | Howard &
She said she did not. know who| LIPPY [ F. SES rod Lge questiog
owned the car nor where Humpert | ducted” by

had been.

District Attorney Yake said Thurs-
day, possibly the man was returning |
at that time from Yake’s office. He |
had been to the district attorney's
office sometime Monday, but when |

' ewe, Spent a'r
ANCIENT CABIN :.:.**

\ church, Tt
The cabin in which James Buch- | piggy
anan, 15th president of the United | ritory. ue
he found that the attorney was busy | States, was born at Stoney Batter,; Tea wis
on another case out of the office, had | Cove Gap, near Mercersburg, Pa., | hour, Mre
left saying he would return Wednes- | /ater moved to Mercersburg and if | presided 's
day or today. He did not tell Mr. 1925 to Chambersburg, was formally | ry Lower -
Yake’s secretary Monday what his opened to the public as a free mU-! hour and
business with the attorney might be. | 5ewm and gift shop Thursday, March | ranged: tf
Neighbors said that Humpert’s en- 20, by John D. Lippy, Jr., 161 Sem- ete
tire menu consisted of cornmeal , {mary avenue, Gettysburg, in a CRO}
HE:

mush, which they said, he made : broadcast from the cabin.
weekly and ate throughout the week. | The occasion marked the opening ;
In the house Thursday there was a jof the third such enterprise by Mr.
large pot of much, apparently part | Lippy, -proprietor of the Lincoln
room in the Wills house on Center

of his supply for the week.

- Police said he apparently slept be- Square here and the historic Dob-:

tween two straw ticks rather than | >in house, location of the first clas-| Harold «

under blankets. Only the two ticks :Sical school west of the Susque- . mander 0"

were found on his bed. , hanna. eign War
A search of the house his dis- | Welcomed By Burgess _ | regular &

closed no apparent rifling of the’ Mr. Lippy was welcomed to! He will be

Chambersburg by the secretary of | ceeds wil
‘the Chambersburg Chamber of Com-; Other ©
merce, and Burgess William M. L., ing year
‘Etter. “As burgess of Chambers-; Mander,

Mr. Etter said, “I wish to! Vice com
pirit and | quarterm:
n | advocate,

structure. Papers were apparently
in place, as were all other furnish-
ings in the building.

The only article apparently miss-
ing was the poker. Two wood stoves , burg,”
were in the downstairs of the frame | recognize the enterprising 8
building, but no poker could be found initiative of John D. Lippy, Jr., in}
by police. during “a preliminary opening this museum to the public, | ain, Guy
, search. and as a member of the Greeters’: J--KN0x, :
club, to welcome him to Chambers- | Robert Dx

_; burg. May this museum and gift | Four n
| WIND C AUISES shop aid in perpetuating the interest They are

‘in the early history and traditions | T- Mehrh

-of Chambersburg.” , Robert W

bul Ml | The cabin and its contents were | Com

‘described by Mr. Lippy, who said William 1

there were on display Buchanan let- | tive of |

Damage from the high winds ters and momentos, pictures of: Heakh#

which swept Adams eounty Tuesday | Buchanan, the birthplace monument | at the cor

and Wednesday will run into several at Cove Gap, the home at Wheat- | A comr

thousand dollars, according to re-/| land and the grave near Lancaster; | to repres:
ports received “by local insurance / letters written by Buchanan while | 2tional

agents and adjustors. | minister to England, original docu- | committe

In addition to damage previously | ments and momentde of the early] aa “ss

reported, it was learned Thurs. that | history of Chambersburg and other |

the end of a barn on the J. H. Stev- items. The radio program also car-| -y. 4+;

ens estate in Mt. Pleasant township, | ried a history of Buchanan, i Chief

Yad been blown in by the wind, *- . mn Of ‘AD
I

causing a loss estimated at $200. T k . ,
The roof of a large barn on the | ruc Damages ‘Comr
Brigad

C. L. Mehring estate farm fear Lit-_ i 1
tlestown, was blown off, with dam- ! Light Standard,

A truck-crane outfit owned by; chief of
C. Crouse, Kingsdale , States A

age estimated at $300. The wind also |
damaged the roof. of a barn on the | Walter
farm of John Eckert, Straban town-' struck a street light standard in. the 115t
ship. ‘front of the National garage, Get- of Gett
‘A.Jarge neon electric sign at the|tysburg, shortly before 9 o'clock Monday,
F and T restaurant, was damaged | Monday, breaking the globe and nounced
Wednesday morning and the side- | light and the standard. The accident son, col
walk roped off by borcugh police. was reported to borough police. ' Doctor
Utility companies reported most| An automobile operated by C. A.: earlier !
, telephone and electric service back ‘Ivory, Oakmont, Pa., and the truck ; Deaton,
to normal today. of Paul Plank, Jr., Gettysburg R. 1,: Board ©
. ‘figured ina collision in Gettys- Luthera:
_ Mr. and Mrs. John William Roth, ‘burg Monday, Borough Police ibe the
'220 South Stratton street, announce Officer Charles W. Culp, Jr. esti-; For he

.mated damage to the car at $25 and | Genera!
nk an Wiens hannital Gat lta the teal at CON Na orrecte were! gion of

ant ate

. “The robbery Monday night nett
by accident in a search through the Humpert home.

Robert L. Staley, formerly of
Gettysburg, ont of the two men
arrested in the murder of Her-
bert L. Humpert, 10-year-old
-Gardners KR. D. farmer, ap~-

< parently withheld $1,600 that
was stolen from the Humpert
hom efrom his partner in crime,
Ray H. Simmons, Mechanics-
burg. .

Staley said that the sum stolen
was $1,500 “or over” after being told
that Mary E. Baker, 27, Mechanics-

finance their expedition.
Searched for Humpert Home
Sometime late in the afternoon of

to Mechanicsburg, from there they
‘| drove to Carlisle, then to Mt. Holly
Springs and finally arrived at Aspers.

Humpert lived and they showed
police and the district attorney
where they had driven over much

burg. had turned $1,310 over to Me-! of northern Adams county in their

chanicsburg Police Chief Harry

Koser.

search for the Humpert home. At
first they drove around near Aspers
going past the Baugher farm and

then later drove. over toward Ben-

tted the pair $129, found |

| for a while, but heard, or saw no one.

March 24 they left Harrisburg in|
Simmons’ 1941 Ford cabrolet, drove |

yas not quite sure where |
Staley was nob qune leading to Humpert’s home. They

i and pounded on it, When they had
‘no answer they went around the east

| side of the house and pounded on
j

agreement, Yake said.

‘knew where some could be obtained.

_ Yake Recounts Story

District Attorney Yake told the
following story of the murder as
pieced together from the confessions
by the two men and their talk while |
reconstructing the crime Monday
and Tuesday. Sve

Both men went over their travels
with the police and Yake at different
times. The two stories, with but
minor variations, were in complete

One evening several weeks ago
Staley and Simmons went to Harris--
burg on dates, Yake related. On!

their way home, Simmons said he |
needed money and Staley said he |

|

Simmons asked how much and
said “between $3,000 and $5,000.” |

When Simmons asked where it»,
could be obtained Staley said: “From
an old man named Humpert near
Aspers.”

The subject was then dropped,
both said for some time.

“Hocked” Suit To Finance Trip

On March 23 the men were again
out on dates and on their return
discussed the possibility of robbing
Humpert, they confessed.

Sometime during the morning, of
March 24 Simmons went to the
home of Staley who lives in a room
in the former naval barracks at Me-
chanicsburg. Simmons is said to
have asked Staley “What about go-
ing to Aspers?” and Staley agreed.

dersville.

On several occasions they stopped |
and asked persons along the route
where Humpert lived and found no:
one who knew. Meantime they kept
watching for mailboxes.

For a time they searched the road

Inspected Scene
between Aspers and York Springs.
Finally they stopped near Flora Dale
where they saw three men working.
They asked for several people so AS |
to disguise their question and slip- |
ped the name of Humpert in among
the group. Most of the men did not |
know Humpert, but finally, they
said “some old man said he knew
Humpert” and gave them directions. |

They then drove out the Carlisle |

pike to the Gardners crossroads and |

- Staley in his confession claimed he istarted up the Mt. Tabor road to- |

ward Peach Glen. They drove past |
Humpert’s house to look the situa- |
tion over and decided at first that he |
could have no money because of the |
apparent poverty of the place. |
They retraced their path to the
Carlisle road after turning around
and then put the top up on the cab-
rolet. Returning past the Humpert
home they looked at it and then
drove to Peach Glen. Crossing the
railroad tracks to a high spot there
rthey looked down. on the Humpert
house and barn and decided the rob-
bery would be difficult.
Bought Liquor Here

| Finally, on the afternoon of March
24,. they decided to abandon the
project and drove into Gettysburg.

Since they had only a few dollars
between them, according to. their
confessions, they secured a suit be-
longing to Simmons and “hocked’””
it for $5 in Harrisburg in order to

State Police Say:

Bicycling is increasing. It is a
pleasant form of recreation and
exercise. By the motorist and bi-
cyclists each conforming to regu-
lations and principles of safety

notin

| return to the Humpert home.

While here they had a local resident
purchase whiskey for them at the
state liquor store and took several
d#inks. About 10:30 o’clock Monday
evening, March 24, they decided ‘to

They drove to Idaville and then
turned in the Peach Glen road and
\pack the Gardners road to the Hum-
pert house. They parked a little east
Yof the driveway into the Humpert
house at first and became mired in
mud.

- Simmons pushed the car and they
‘raced the motor to back up out of

less accidents will result.
DRIVE WITH SAFETY

‘the mud. Fearing they had been dis-

— amp sce
RAY H. SIMMONS

, 489 patrols. Sixteen &
‘vestigations were conduct
| criminals were arrested.’
| Twelve investigations ©
i ducted for other state de
Took Hammer Along _ and three miscellaneous
rece ‘tions were made. Two mot
Staley put on gloves. His job, ac-! ore recovered, valued at :
cording to his confession, was to property valued at $110 w
purglarize the house while Simmons | Qovered,

took care of Humpert. Simmons :
took the claw hammer with him. JUNIOR POL
GET $150 |

They walked down the lane and
climbed over the fence into the lane |

jumped over a fence and went to
the front door of the Humpert home

‘the rear door.
Asked Humpert For Aid
t ; i by. th
Finally Staley’s poundings on the’ font Eee - ped Aan:
back door wakened Humpert. They- which to purchase ba
heard the ‘70-year-old bachelor; other equipment fox. thi
shout, “What do you want.” | recreational program. g¢

Staley answered: ‘We had tire | aying start Fri. March 2
trouble, do you have a jack.” | Gettysbure poarmage 1E
is peannaek a “All I have nal Order of Eagles vote
mat ee vee ‘fund. :
ine answered, “That will do all; yz_ was the initial c

. ! de to the fund. Borc

Staley watched through the win-’ Cites ee hea L. Wolforc
dow into the kitchen. In a few min-! the junior police, said ot
utes Humpert came out into the | -ctions and groups wou
kitchen, apparentiy from upstairs.) the opportunity to contri
carrying a lantern. He sat down in| 4 jetter to the Eagle
the kitchen and put on his shoes. that the police departm
then he came out the door. terested in preventing j

Grabbed Humpert And Hit Him i linquency and was spons

When Humpert came out he locked ; baseball teams here th
the door behind him, without Staley 'y~he letter explained
noticing that he had locked it and youngsters were in nee
ents aed re apparently in his with which to obtain ec
a pocket. Give $50 to Red

The three men then started toward’ ‘The plan, Wolford ex
the barn, Humpert first, Simmons | the backing of the court
second, and Staley following behind.: doctors and many le:

They went down the steps of the chants, as well as othe
porch and out toward the barn. jin this recreational prc
About 30 feet from the barn Sim- / designed to reach every
mons grabbed the old man and hit} in Gettysburg.
him with the ciaw hammer. | The junior police ha

Humpert went down and the lan-! the use of the Codori
Sif ve ne fell from his | northeast section of th
ands and went out. baseball diamond. The i

Staley returned to the house tol has volunteered its serv
burglarize it. As he went away he | ing off the weeds anda!
nat tae crying, “Help! Don’t! | been donated to put the
m r ‘ ’ ” ! ‘
xe gen rel 2: vee cin of $150 t

Staley, discovering he could not: was made on recomn
get in without the key, went back | its committee on civic
to the two struggling men. They | donations. The aerie a
had moved about 30 feet when he/|to the current Red Cro
arrived. Staley asked for the key -
and said that Humpert replied:
“Frere, take it, for God's sake, take
it!”

Simmons handed Staley the key
and he returned to the house.

A little later, while Staley was| Other admissions
trying to get into the house, Sim- | Claude Grimm, Abbot
mons came up to the parch. Simmons | Kenneth Gulse, Bigler
said that he had left the old man | C. Bankert, Littlestow
sitting on the ground holding his. mer, Emmitsburg; 1
head near the barn. | Banks, Gettysburg R.

(‘The site described was apparently | Robert A. Mayers,’ Lit
the same one where police found | Raymond Cole, Biglery

HOSPITAL RE
Mildred Reaver, Get
was operated upon Th
the Warner hospital fo
of her tonsils.

| covered they then waited silently

(Continued on Page 2) discharged,

FROM EA

‘
.

4
a

| ‘tigation uncovered the two men’s participation in the crime,

_ had confessed the crime, immediately told his side of the
a oe ; : ?

‘pnd ‘said they felt better after they had confessed. The con-
: feasions were prepared and signed by the pair at Attorney

128th Year

THE GETTYSBURG CC

Two Cumberland County Men
Charged Wed. With Brutal
Slaying; Both Have Records

Robert L. Staley, 23, 209 North York street, Mechan-
iesburg and Ray Herman Simmons, 23, Mechanicsburg
R. 1, were charged Wednesday afternoon before Justice
of the Peace John H. Basehore with “murder with mal-

ice aforethought while perpetrating robbery and bur-
glary.”

The two men, both of whom have previous criminal
records, have confessed to the murder of Herbert L.
Humpert. 70-year-old Gardners R. 1). farmer on Monday,
March 24, District Attorney J. Francis Yake, Jr., said

Wednesday.
Called “Brutal Crime”

He also added that the crime was one of the most
brutal ever committed “because the elderly man had
gotten up out of bed to perform a charitable act and then
was brutally beaten by these two young men.”

The pair, Yake said, had lured Humpert from his home
by pounding on the door and telling him when he awak-
rie that they had tire trouble and wanted to borrow a

ack.

When Humpert came down to get the jack from the
barn for them he was beaten with a claw hammer by one
of the men while the other entered the house to rob it of
whatever money might be available.

“Felt Better’ After Confessions
_ Tuesday afternoon Staley took Detective R. D. Parsons
and Cpl. Lodwick Jenkins of the state police, whose. inves-

Distret Attorney Yake and Mrs.: Annabelle Little, local court
reporter, over the entire route of his travels immediately
prior to and after the crime.

Simmons, when confronted with Staley who told him he

Attorney Yake said. that both were “very cooperative”

morning.

Yake’s office. lata Wednesday
off Staley had robbed Humpert

The fact that a brother

‘some time ago led to Simmons’ and Staley’s decision to try |’

to stage another robbery, Staley told Yake and the policemen.
~The robbery Monday night netted the pair $129, found
by accident in a-search throtigh the Humpert home,

finance their expedition.
Robert L. Staley, formerly of Searched for Humpert Home
- Gettysburg, ont of the two men | Sometime late in the sfternaon of
arrested in the morder of Her-  /ysarch 24 they left Harrisburg in
bert L. Humpert, 70-year-old:. Simmons’ 1941 Ford cabrolet, drove
Gardners ‘R, D. farmer, ap- ae 7
parently withheld $1,600 that: to Mechanicsburg, from there they
was stolen from the Humpert | drove to Carlisle, then to Mt. Holly
hom efrom his partrtr in crime, | Springs and finally arrived at Aspers.
Staley was not quite sure of where

Ray H. Simmons, Mechanics-
nee, Humpert lived and they showed

Otalace

soniiaie

+

caida that the enm extolen

| Sn anny TCE eR Se

ROBERT L. STALEY

. A

SIMMONS

RAY H.

for a while, but heard, or saw no one.
Took Hammer Along

Staley put on gloves. His job, ac-
cording to his confession, was to
burglarize the house while Simmons
took care of Humpert. Simmons
took the claw hammer with him. .

They walked down the lane and
climbed over the fence into the lane
leading to Humpert’s home. They

POLICE BI
SPEEDEE
MOST W

Drivers operating
conditions caused 10
mobile accidents on
highways, Set. W.

head of the local s
Thursday in releasin

ation of the past m

of the local state po
Far too many dri
opinion that the 5
speed limit means
at all times to dris
Duhrkoff pointed ¢
the driver can trave
20 miles an hour }
constitute an additi
the highways,” the
“Ten of the accide:
during Mareh becau:
slow down to. a poi
was safe.” |
One. Fat

One person was
hurt, damage totale
March.

The number comp
cidents and $2,570 d
ary and 17 acciden
March a year ago.

“Persons who fai
highways are wet, W
curves and when e
of congested traffic
cidents and are @
hazards on the hig
Duhrkoff added.

Only one of. the °
month was due to
ment. One was du
driver and one W
driver who failed tc
side of the highwa:

Other Ac

Five of the cras!
the Lincoln highw
curred on Mondays
evenings were the |
the crashes, :

The officers work
criminal activities,
traffic work and 1,/
tion duty during N
eled 20,690 miles %
489 patrols. Sixte
vestigations were c
criminals were arr:

Twelve investigs
ducted for other s
and three miscell:
tions were made. T
were recovered, val
property valued at
covered.

’

JUNIOR f

jumped over a fence and went to

NET C1F

THE GETTYSBURG COMPILER, GETTYSBURG, PA., APRIL 5, 1947

Leino one

WANED VETS-
mnlse:T0: BE
100 FARMERS

scape returned GIs who |
z farming under the “on}

g ‘raining program are the
iperative of men and will
ator into. some of the |
. “in the. cgunty, _

b eererals was the. conclus

# veterans. classes; Richard

. @ducation, who th

% arch 27 in the .af{ce of
f bed ‘superintendent of
wk the court house, at a
p.séusion, te talk over
i 30 fer and discuss plans
j. training of the former
wened farmer.
: a Braise .was given by the
GI ‘tarmers’ wives, who
“y ReaRY... follow -the ‘~pro-
be a laid. down under
Up. fer - the, veteran
mn general,” Musselman
“the wives are more
mers for their husbands.
> with the.work and seem
fing almost as. much out
wses as the husbands who
pcre tg the instruc-

P Clam Contes
eek the student farmers
bg school centers for four-
and each week the in-
spend from one to two
the farm with each stu-
bending on the type of
student farmer is under-
e who are farming their
get two hours instruc-
who are working for
someone else's farm get
& week: of “on the spot”

‘are held at Gettysburg
on Monday evenings,
Tuesday evenings and
: Wednesday evenings,
34 o'clock,
students go to the
@tost convenient class,
ment farmer has a pro-
up for him when he
with the student
orking together to
Maram to be followed.
ny Of, the farm is madé
what. * is capable of
{she ol is tested to
pheds and

arcing “program

5 Ge eh faring interested
tax!’ grow enough grain

murdered.

Where’ Humpert's S Body Was Found

District Attorney J. Francis Yake,:. Jr., is shown pointing to the
spot where the lifeless body of Herbert L. Hyumpert, 70, well-to-do
bacheler farmer, was found last Wednesday evening in the barn on
the Humpert preperty in Tyrone township, near Gardners. Authori-
ties have investigated the death on ce theory the man was

phe ¥ Joneph Beott and .
ceca the two teach-|

;ounty supervisor of aa -

tar of the Vaerana’| :

gg group. met},

Gettysburg Times Photo

(Continued from Page 1).
(on Thursday) a huge pool of blood.)
The two men entered the house
and searched through the kitchen
and sitting room without finding

any money. In the sitting room they

found a flashlight and used it for

the remainder of their search.
Search For Money,

In. an upstairs bedroom Simmons
went through a feather bed without
finding anything. They then went
to the front bedroom on the east
side and opened a trunk, again find-
ing nothing.

They then looked in a chest in a
bedroom to the rear on the west
Side of the house and again found
nothing.

Returning to the parlor they
looked in several bureau drawers
and were about to leave when one
of them bumped into a suitcase sit-
ting on top of what seemed to be a
victrola. They lifted the suitcase
and found a brown folder under-
neath it.

In a pocket of the ‘wallet they

found some money and left:

Leaving the house they. took the
hammer with them and returned to
their. car, They drove to the. Carlisle
road, back to Gettysb epd then
headed for Harrisburg. with Staley
driving.

When they ' reached: the north
bridge of Twin Bridges they stopped
in the middle of the structure and

said, and he wanted to get rid of

the car he took the old rubber to
a dump near Hershey where there
is a constant fire and threw the tires

into the flames.

Believing he had left heel marks
with his shoes, Simmons also took
them to a shoe maker and had new
heels put on.

The two men were apprehended in
Mechanicsburg by Parsons and Jenk-
ins after an arduous investigation
that took them over most of this
}section of the ccuntry.

diately that he had been involved
jin the murder. After police and
Yake had gone over the scene, cov-
ering every road and turn they had
!made they confronted Simmons in
i his cell and he, too, confessed.

Both said they did not know that
Humpert had died until they read
of it in a newspaper.

Staley said he had been in Harris-
burg and heard two women talking
‘about the ‘dreadful murder in
Adams county.” He called Simmons
and the two went to a rest room
where Staley told Simmons that
Humpert had died.

District Attorney Yake, said today
that if their confession was true
about leaving Humpert alive and
sitting up, the. elderly man must
have crawled or walked into the
barn entry in an attempt to hide
from his attackers, and to have
collapsed there and died. He said

the evidence. Changing the tires on |

When arrested Staley told imme- |

that the blood marks in the entry |

HOSPITAL 10
ADOPT STATE

NURSES’ PAY

The Warner hospital has agreed
to comply with the new schedule of
pay rates and working conditions

for private duty nurses set up by
the Pennsylvania State Nurses’ As-
sociation, private duty section, Wal-
ter F. Doud, newly elected adminis-
trator of the hospital announced
Thursday.

The new rates for private duty
nurses were adopted by the state

many nurses to other state’ paying
higher rates and providing better
condjtjons,” the nurses’ association
said. ne
tive eight hour schedule is $8 per
day, the association states, For less
than four hours when hired for a
full day the rate.will be 84. 4,
For each additional hour over the
|eight hour period .in-any one day
the minimum rate will be $1 -per
hour.
Resident Nurses . .
For nurses hired to work in-a
private home on onlv houriy basis
{the charge for the tirst hour will
| be $2 and for each successive hour
jor fraction the rate will be $1 and
a-nurse can be hired for no more
than three hours on: the hourly
basis. .
When. two patients are served ‘in
|} the same home or institution the
minimum fee for the .- additional
patient is half the regular fee with
the half to be added to the regular
full fee for. eight hours. As an ex-
ample, the rate for.two patients in
the same home for one eight hour
i Gay would be $12 and each patient
will be charged half the total pill.
From 12 midnight to six o’clock
in the morning those calling for a
nurses to serve them must pay
taxicab fees from the nurses’ home
to the place where the patient might
be. If the nurse has to travel some
distance, transportation, meals and
Similar travel expenses, are ie be
paid. ‘By the, Employer: Shot Eh

150 PRESENT AT
ANNUAL, FARM
YOUTH BANQUET

More than 150 members of the
Adama county Senior Extension
club.and the county's two 4-H cat-
; tle.clubs and their guests attended

btn we Renwr neacsss ats

association “because of the loss of:

The minimum fee tor a consecu+

Music

“The J
comedy i
rison anc

sented a
opé€retta
under th |
Martin,
Spangler
co-manag
The ca:
ert King;
Walker; *
cy,” ‘ Hyk

ONE

Automo!
highways
the bordu
weeks ove:
was a@ cor:
number *o:
tions. .

Allen Re
:3; was hel
charge of
pleading ¢
was rema!
$500 bail
John H.-'I
made by
a. m. Mon

John H.
was arrest
afternoon
C. Harpst«
less. drivin
Hanover Ss

Harpster
Radisill’s
aytomobile
Idaville, ¢
Smyers’ ce
Rudisill ce
sent by Ju
P. Snyder.

Mrs, Jw
arrested bs
tysburg su!
a-ohargé <
tor’s licens
costs to Ju

William
ington, D. ¢
here: at 4%:

charge of »

Oe aes a a

rs

EY

: a

Newspaper

Cepypuat (hyd VFS

128th Year

THE GETTYSBURG COMP

-
a
E vy
| re
i; »
A

=
*

5 &

a

“i

at

hth be Pee

so

Tre

ca
oF

. _— Attorney

“the time they
 Basehore's

3° Galnieel -

Staley Pleads Not Guilty’
© ‘At Preliminary Hearing; No
Plea From Simmons Tuesday

e—

Ray H. Simmons and Robert
LL Staley were held for April
court without bail on a charge
of “feloniously, wilfully, of mal-

ice aforethought killing and
murdering” Herbert L. Humpert,
70-year-old Tyrone tewnship
farmer, following a 20-minute
hearing Tuesday afternoon be-.
fore Justice of the Peace. John

H. Basehore.

Eugene V. Bulleit,
named by the court Saturday
to represent Staley said his
client entered a plea of “not
guilty” to the charge. Attorney
Brown said his client “makes
no ples.”

One Witness

Only one witness, Cpl. Lodwick
Jenkins of the Pennsylvania State
Police; who laid the charge appear-
ed before the justice. He was inter-
rogated by District Attorney J. Fran-
cis Yake, Jr., and told of going to
the scene of the death on March
26 and of later being told by Sim-
mons and Staley the details of how
they went to the Humpert home
with intent to rob the elderly man
and how Simmons beat the farmer
with hts fist and a hammer.

The hammer which Jenkins said
Staley had told him was the murder
weapon was shown as the only
exhibit.

° Prisoners Silent

The charge against the two Cum-
berland county men was not read.
Justice Basehore asked if the two
wished it read to them and at-
torneys speaking for them said they

‘waived the reading of the charge.

Neither ‘of the men spoke from
came into Justice
office handcuffed to
sheriff’s office officials until after
the hearing. Then Simmons’ father,
! Simmons, Mechanicsburg

R. 1, came up to him and said

- “Hello, Ray.” With Simmons’. at-

torney, Richard A. Brown, taking
part in the conversation, the father,
son and Sheriff John E. Millhimes to
whom the younger Simmons was
handcuffed, spoke in low tones for

ee -@ few-moments. Their conversation

was inaudible to others in the room.
=, Simmons’ brother was also in the
room during the hearing,. but he
remained near a door and was not
observed to speak to the defendant
at any time.

CATTLE TRUCK
OVERTURNS AS

—.

A truckload of cattle overturned
on the Emmitsburg-Taneytown road
early Wednesday morning when the
? driver apparently went to sleep at
the wheel but neither the operator
{nor the cows sustained serious in-
TRANSFERRED
| The truck was being driven by
George Franklin Hoffman, of Em-
' 10 HARRISBURG mitsburg, and is owned by Merle
F. Keilholtz, also of Emmitsburg.
The accident occured three miles
Ray H. Simmons and Robert L.|from Emmitsburg.
Staley, self-confessed murderers of | Hoffman, proceeding from West-
Herbert Humpert, Tyrone township ir Weel Weteok Meamein Dp.
bachelor-farmer, are in the Dauphin | Bond, who investigated, that he doz-
county jail waiting trial at the April; ed at the wheel. He sustained a few
term of court here. They were re- minor injuries. The cows were pin-
moved to the Harrisburg prison upon | pe Soe aia the overturned truck, in-
petition of Sheriff John E. Millhimes, eal aay aicike to aadb diem eal
who told the county court that the | qer control until aid could reach
local jail is not a safe place to | the scene.
keep the two men who are being | College Student Hurt
held without bail. James R. Maples, son of Mr. and
Taken to the Harrisburg prison] Mrs. Sam W. Maples, Frederick,
shortly after their hearing before (sustained injuries which were not
Justice John H. Basehore, Tuesday, serious in a spill from his motor-
the pair remained silent concerning | cycle about two miles north of Fm-
their possible fate or reactions to|Mitsburg on Route 15 Tuesday eve-
the hearing. Sheriff Millhirmes, who ; Ding.
had Simmons handcuffed to him-|} Maples, who is a student at Get-
self on the trip ‘said the prisoner |tysburg college and was en route
mentioned the “nice weather” and|to Frederick, was taken to the Fred-
“how springlike it is” while enroute|erick City hospital where x-rays
to Harrisburg. The Mechanicsburg , today showed no fractures. He sus-
man also talked about the farmers! tained severe brush burns about
beginning their work for the year,,the hands and knees and other
plowing and similar activities, Mill- | minor injuries. A passing motorist
himes said. Staley, however, con- took him to the office of Dr. W. R.
tinued the silence into which he! Cadle in Emmitsburg, where he was
has fallen sinte his confession to his | given treatment, and then was tak-
part of the crime brought the in- | en to Frederick by his parents, who
vestigation to an end and involved | were notified of the accident. He will
Simmons. Staley was handcuffed tojbe able to leave the hospital in
Deputy Sheriff B. E. Bixler during | Several days, it was believed.
the trip. x. ;
Fears Escape Attempt
The petition of. Sheriff Millhimes
to the court pointed oyt that “be-| :
Cause of meeded repatrs and recon |: ss) . —  % :
ecvgan co cer ANNUAL BAZAAR
ft 1s Impdssible to keep prisoners in
such a mamner as to prevent the se
ON JUNE 19, 20

possibility! of escape Because of the
character of the charges against the
prisoners and the necessity of prp-

DRIVER DOZES,

New Ladde

venting their making a successful at-
tempt to escane, it is considered ad-
visable and necessary that they be
confined in some jail or prison so
constructed as to make escape im-
possible. Your petitioner avers that
because of the foregoing it is ad-

Plans for the arinual bazaar were
discussed by ‘the Gettysburg fire
company at its regular meeting
Wednesday night at the engine
house, and books distributed. The
bazaar will be held in the engine

house June 19 and 20. The com-

Potted Pl
Of Decea:

$343

Thirty-four individt
lilies graced the altar
Methodist church East:
memory of deceased me

church, providing whe
ers said was the most
fect ever seen in the <«

The Easter Sunday fe
an annual affair. Las
the placing of lilies as
was inaugurated 23 in
were placed, the Rev. I
roll, minister of the
today.

Deceased members ¢
whose memory was hon
Henry W. Albright,
Brumbaugh, W. A. Buz
Cassatt, George Sand
Mrs. Charles Cook, }
Charles M. Drum, 8a:

Firemen Fin

$24,200 T:

The apparatus com
Gettysburg’ fire comp:
considering the purch
65-foot aerial ladde:
quoted a price of $2
type of equipment by
Belleville, representin
delphia headquarters
ican LaFrance Foamit
Elmira, N. Y., at @ B
committee in the engtr
nesday night. followin


heip with the work and seem
getting almost as much out
fe courses as the husbands who
ctually undergoing the instruc-

. Three Class Centers
h the student farmers
in ichool centers for four-
Classes and each week the in.
Ors spend from one to two
on-the farm with each stu-
depending on the type’ of
} the student farmer is under-
Those who are farming their
‘arms get two hours instruc-
Those who are working for
on someone else's farm get
our a week of “on the spot”
fon. |

yes are held at Gettysburg
school on Monday evenings,
ville Tuesday evenings and
2xford Wednesday evenings,
to 11 o’clock. —

farmer students go tuo the

fed out, “the wives are more}
partners fgr their husbands.

CPC er rey |
(Continued from Page 1).
(on Thursday) a huge pool of blood.)
The two men entered the house
and searched ‘through the kitchen
and sitting room without finding |
any money. In the sitting room they

found a flashlight and used it for
the remainder of their search.

Search For Money,
went through a feather bed without
finding anything. They then went |
to the front bedroom on the east:
side and opened a trunk, again find-
ing nothing.

They then looked tn a chest in a
bedroom to the rear on the west |
side of the house and again found ;
nothing.
Returning to the parlor they }
looked in several bureau drawers'|
and were about to leave when one |
of them bumped into a suitcase sits |
ting on top of what seemed to be a!
victrola. They lifted the suitcase

. In, an upstairs bedroom Simmons}.

diately that he had been involved

Yake had gone over the scene, cov-
ering every road and turn they had
;made they confronted Simmons in
"| his cell and he, too, confessed.

Humpert had died until] they read
of it ina newspaper,

burg and heard two women

provale home on only hourly basis |
,the charge for the tirst hour will
be $2 and for each successive hour
or traction the rate will be $1 and

the evidence. Changing the tires on
the car he took the old rubber to
a dump near Hershey where there |

is a constant fire and threw the tires; @ Nurse can be hired for no QFE
into the flames. eee three hours on the ashi
wih set Hi kona edd When two patients are Served in }
them to a shes maker and had new | the same home or institution the
heels put on. minimum fee for the additional]
chan eee olkeivita be Miele
echanicsburg by Parsons and Jenk- full fee for eight hours. As an ex-{
Ins after an arduous investigation ample, the rate for two patients in
that took them over most of this the shine Wotna for one eight dheur
seqiten, (Of the country. cay would be $12 and each patient

When arrested Staley told imme- will be charged half the total bill

From 12 midnight to six o’clock
in the morning those calling for a
nurses to serve them must pay |
, taxicab tees from the nurses’ home
to the place where the patient might
be. If the nurse has to travel some
distance, transportation, meals and
Similar tvavel --expenses, -are to be
pald By the employer. y 34

M

in the mureer.

After police and

Both saiq they did not know that

¢
°

we

Staley said he had been in Harris- |
talking |

~

Idaville

Smyers

, OF most convenient class.
Student farmer has a pro-
irawn up for him when he
he course, with the student
structor working together to
the program to be followed.
& Survey of the farm is made
Tmine what it is capable of
Ag and the soil is tested to
Mt tt needs and can produce.
| balanced farming program
|

and found a brown folder under-
neath. it.
In a pocket of the wallet they
found some money and left.
Leaving the house they took the
hammer with them and returned to
their car. They drove to the Carlisle
road, back to Gettysburg and then
headed for Harrisburg with Staley
driving.
When they reached the north
2 so that a student interested bridge of Twin Bridges they stopped
ck can grow enough grain|in the middle of the structure and
| the livestock. For example, | Simmons threw the hammer into
Ag -* fg necessary,’ it jg, he stream. He also threw the flash-
| crops are urged for| light into the creek and then Staley
-woths and fertilizer, | discovered the key to Humpert’s
‘d other minerals are -sug- house lying on the seat of the ear,
Le use as necessary. He threw that into the creek also.
ithe student starts off on a| Dispose Of Clothes

f classes and on the farm
on that for some at least
| for four years.

astruction classes are sea-
¢ the most part. Right now
sses are based on farm ma-
‘epalr—just about what the
farmer is doing at present.
Seep Account Books

lition, the findings of the
rS as they make their
found of classes are in-
d into the weekly classes.
ber of men are working on
blem, then that problem is
in the classes

udents themselves are in-
in their specialties at some
Je teachers revealed. Two
of one class were former
Astructors and during the |

bill and the others $10, $5 and $1
denominations.
Staley took the $50 bil] and sev-
eral others to make a total of $64
and Simmons took the other $65.
Each took showers and changed
their clothes. *,
Bundling the blood spattered
clothes into their car they drove to
a long covered bridge near the Camp
Hill country club. After driving to
the center of the bridge Simmons
threw his blood-stained pants and
shoes into the Stream and Staley
t ; : threw in his shoes, shorts, pants and
y 4arm > machinery repair | hat. They also threw: into the creek
been ihstructing in weld- | a bank book from the Bendersville

' National bank which - i
e big requirement in the! h was in the

: folder and a paper they thought at
[fhe keeping of farm ac- | first was a check but which was a
KS: ‘Those with farms kcep | cortincate of deposit’, for $12,000
tol own farm. Those ! 1

|from the Benderiville National:
ork n farms for other | bank. ~ }

esas ---ICia! set of books | Tie text day Biinmdks weit —

~- ; Secondhand tire dealer and purchass

e oe making an en” | ed four tires. The cay had left tire
of the account books the | marks near Humpert’s home, he
me, in the words of Mus- |

ost a final examina. | EN Aare
Eastern
tstand- | ;

pe

land cou
police; w

FAL
TON

Mrs, M
dow of
turday
the. Polycl
from a cor
lowing a fe
fractured
visiting at
Lawrence /

ee

Star Unit

Tectoalle:: AAA anc

about the “dreadful murder in| | ‘N .. Be rag
Adams county.” He called Simmons | am © mo § W: 3% v Rudisili
and the two went to a rest room | / fe «95 sent by
where Staley told Simmons “| ANN U] A [ FARM P. Snyc
| 5 ee ey
District Attorney Yake, said today | 4" #* ae a aoe eae:
tysburg
about leaving Humpert alive and! a ‘charg
sitting up, the elderly man must | hig
i ’ ° ; U 1 rd j cos 6]
bare eaten he pies ih hide ! More than 150 members of the Willis
from his attackers, and to have | “GMS county Senior Extension ington, }
: ; tle cluhs and their guests attended ;
‘ ; ‘Ks , “y | charge o
an haar ee AS aia ; the second annual banquet of the priate of
Aa : ~ « . i, . 4 ss. ? i
position of the wived Marks indi- ¥ clubs and senior extension isthe 4 and cost
walked to the entry and then fallen | oe Aer oo with the burg R.
with his head striking a feed bin, | Inging. of “ ten” - followedte Sunday
thus leaving the first bl Bie ca bee Amer “4 PORES a. Kenneth
| Other marks may have been caused | Sa eal weet
by his crawling to the end of the, te tation Ald ee ] released
entry. : Pp of $28.50
tat
Fred Geiselman, Hanover R.: 4, ae
president of the senior extension afterrisor
club, led group Singing and intro- Nixon pe
a nate eon connected uh ye | 2860" ih York count, who. ar then f SOW
‘ ‘ ssis i
Black Diamond gang in Harrisburg. assistant farm agent in Oma chargeti :
tension club two years ago. ! preeen’
Hear Several Speakers i,
Miss Lydia Tarrent, head of home been pha:
é State ;
vania, Mrs. Mildred Adams Houck, ay '
tw sistant county agent of Adams hee 4
Captain William O. Denham, of | County, were among the speakers,
the ROTC staff at Gettysburg col- Dunmire urged the groups to work
new reserve officers training program | Communities a better place in which
the Reserve Officers Association in, Out the pledge of ripe 4-H clubs
the fire engine house Wednesday | ‘hroughout their lives. The 4-H
evening. | Pledge consists of: “I pledge my
Pletro campaign in Italy in which | greater loyalty, my hands to larger
talk set. the Pattern for the six ing for my club, my comniunity and
months’ course of instruction which ,™Y country.”
will be given for the local chapter. Give Club Reports
Harrisburg, will give the second in- | Beef club president. and George
paign in the ROTC headquarters at, Club president, were introduced.
the college on May 7. Refreshments | Richard Weaner, Gettysburg vate
will be served after the session. president of the Adams County 4-

Humpert had died. Mrs,
that if their confession was true | T
YOUTH BANQUE tor’s lic:
the |
collapsed there and died. He said | cub and the county's two 4-H cat- here at
cated that Humpert might have | 9* Me York Springs fire hall Thurs- David
ood mark, !
“driving «
mudian Lutheran church.
Calvert }
;duced Archie Hug, assistant county
Milton
| county, helped form the senior ex-
f economics extension in Pennsyl-
Ward Houck and Ira Dunmire, as- " Ralph ;
leze, gave the first instruction in the /t0 make Adams county and their
before the Gettysburg chapter of|'© Hve and suggested they carry
Captain Denham spoke of the San | head to clear thinking, my heart to
he served and was decorated. His | ‘Service and my health to better liv-
Lt. Colonel Leroy V. Greene, of! Donald Lanius, York County Baby
struction on the Philippines cam- | Perry, York County senior extension
Colonel William G  Wrasene Dairy Se ee eee

8 to farms of ou
in tha. ana.

eo ee

eloh eave ia

GEITYSBURG
4 COMPILER =~ April 12, 1947

SERIOUS .CASES SCHEDULED
FOR COURT APRIL 28.

The case of Robert L. Staley, 23,
Mechanicsburg, and Roy H. Simmons, 23,
Mechanicsvurg R. 1, charged with the
murder of Herbert L. Humpert, 70-year-
old Tyrone township farmer,at the
latter's home on March 24, is one of
four cases listed for the approaching
oyer and terminer court session here.
The trial list was released Thurs. by Mrs.
Emma Sheffer, clerk of the courts. The
grand jury will meet on April 24 and
court opens April 28.


the bearing. Then Simmons’ father,
Sartiuel Simmons, Mechanicsburg
R. 1, came up to him and _ said
y Hello, Ray.” With Simmons’. at-
torney, Richard A. Brown, taking
part in the conversation, the father,
son and Sheriff John E. Millhimes to
whom the younger Simmons was
handcuffed, spoke in low tones for
a few moments. Their conversation
was inaudible to others in the room.

Simmons’ brother was also in the
room during the hearing, but he
remained near a door and was not
observed to speak to the defendant
at any time.

The hearing, scheduled for two
o'clock Tuesday afternoon began
about ten minute late, with the
group,waiting for the arrival of At+
torneys Brown and Donald M.
Swope, who heve been retained by
Simmons. They arrived with Sim-
mons’ father and brother and the
hearing began.

Spencer McKinney, neighbor of
Humpert, who first found the dead
body of the upper county farmer,
was called, but was not present.
Corporal Jenkins was then told. to
tell his story.

He had been called March 26 to
the Humpert farm. There he found
a body, he said. On March 31 Staley
was picked up at Mechanicsburg
and on April 1 Simmons was taken
into custody. The stories told by the
two disclosed they had gone March
24, to the Humpert home to rob
‘ the elderly man.

Brief Testimony

When they arrived, the corporal
said, Simmons “took care” of Hum-
pert, hitting him with his fist and
the hammer while Staley entered
the house to locate what* money
might be there. After beating Hum-
pert, Simmons came back to the
house and they discovered money.
Humpert was found two days later
dead in the barn near his home
from an intercranial hemorrhage
caused by the beating around his
head.

Attorney Bulleit made no cross ex-
amination. Attorney Brown asked

Jenkins how much money they had
_ taken. Jenkins said that at first $129
was given as the figure but that
later it was found they had stolen
about $1,700. Simmons was with
Staley when a folder containing the
money was found in the Humpert
home by the pair, Jenkins said, and
Staley retained possession of the
folder until the pair divided $129
which Staley told Simmons was all
that had been found.

Simmons chewed gum rapidly
throughout the hearing and seemed
nervous. Staley, dressed in varying
. Shades of tan from his shoes to his
hat, seemed calm and undisturbed
by the hearing.

State Police Say:

Dusk and darkness are danger-
ous periods of time for the bicycle
rider. During these hours bicy-
clists should display a red light
cr reflector to the rear and mo-

torists should be extra cautious,
DRIVR wrTy carry

sheriff's Office officials until after j

—
Fears Escape Attempt

The petition of Sheriff Millhimes
to the court pointed out that “be-
cause of needed repairs and recon-
struction work in the county jail,
it is impossible to keep prisoners in
such a manner as to prevent the
possibility of escape Because of the
character of the charges against the
prisoners and the necessity of pre-
venting their making a successful at-
tempt to escape, it is considered ad-
visable and necessary that they be
confined in some jail or prison so

constructed as to make escape im- |

possible. Your petitioner avers that
because of the foregoing it is ad-
visdble and necessary that said
prisoners be transferred to some
other institution for safekeeping.”

The sheriff also pointed out in his
petition that he had discussed the
matter with the warden of the Dau-

phin county prison and that the men |

could be placed there.

Millhimes said that the men
will be brought back to Gettysburg |
the day their trial opens here.

YOUTHS HELD ON’
SERIOUS COUNTS

years old and the other nine, on
the evening of April 2, and riding
around the borough and the battle-

field with them until an early hour }

the following morning, were held
for court on charges of contributing
to the delinquency of juveniles, fol-
lowing a hearing Wednesday night

before Justice of the Peace John H. |

Basehore.
Those held were Robert Aughen-

baugh, 20. of 25 North Stratton |

street; John H. Rudisill, 19, of Big-

lerville road and Richard Arentz, |
18, Gettysburg R. 1, Taneytown road. |
Each of the‘boys face two charges |

placed by the mother of one of the
girls and the father of the other.
They were released in $590 bail each
on each charge.

Aughenbaugh and Rudisill were

with Arentz and the latter's two!

younger brothers and the two girls
between 11:30 p. m. and midnight,
Squire Basehore said _ testimony
showed. Arentz and his brothers,
both minors, are alleged to have then
remained with the girls until about
5 a. m., when they let them out of
the car in Center Square. The girls |
stayed in a Basement entranceway at
St. James church until later in the
morning.. They were found eventu-
ally in Center Square and returned
to their homés.

New Oxford Council
Votes Daylight Time

The New Oxford town council, at

| the monthly meeting Monday eve-

ning in thé borough hall, took formal]
action for New Oxford to go on Day-
light Saving Time on April 27. The
council voted to have the commer-

cial blinkers. removed from the
sanare and reniared hv the standard

ANNUAL BAZAAR
ON JUNE 19, 20

Plans for the annual bazaar were
discussed by ‘the Gettysburg fire
;company at its regular meeting
| Wednesday night at the engine
house, and books distributed. The
bazaar will be held in the engine
!house June 19 and 20. The com-
| mittee in charge is composed of
|\Donald C. Stallsmith, S. Richard
Bisenhart, George March, Raymond
BE. Menges and Mervin Crouse. Goal
of the bazaar is to raise $3,000.

The banquet committee reported
the cost of the dinner held in the

| Menges said 236 pounds of turkey
were used. Flowers for tahle decora-
| tions cost $34. The committee was
| given a vote of thanks and dis-
[ehareed.
Vote Red Cross $50

The committee appointed to have
: bronze plaque in honor of mem-
‘bers who served in World War II
placed on the engine house reported

the plaque not ordered yet. Donald
,C. Stallssmith said a meeting of the
committee would be held in the near
‘future. Other members
‘March, Francis Stevens and Law-
rence Ovler.

Glenn Raffenspreger, South street,
‘was acceptd as a new members ot
ithe fire company. Roy Vaughn, at
| his own request, was placed on the
jretired list, and Fred Diehl was
‘granted a leave of absence for one
| year, Victor Palmer a six months’
‘leave and the leave of Bertus
|Strausbaugh was continued for a
: year.

President James B. Aumen pre-
sided at the meeting. The company
voted $50 to the Red Cross, Fire
Chief James A. Aumen announced
that weekly fire drills will be held,
‘starting Thursday evening, April 17,
,;at 7 p.m., until further notice. The
next meeting will be held May 14
/at 7:30 p.m., daylight saving time.

Joseph Reaver In

|
Joseph A. Reaver, son of Mr. and

Mrs. Charles Reaver, West High
| street, a navy veteran of World War
II, recently completed a course in
flying at the Gettysburg School of
Aeronautics and received his private
pilot’s rating with 39 hours and
25 minutes of flying time. He made
two s0lo flights to Philadelphia.
Mr. Reaver is now a student at
the Pennsylvania State Police train-
ing schoo] at Hershey. He spent the
Easter. vacation with his Parents |

years in the

rank of petty officer.

Mi Jeaeter Tanavtnown All

FIREMEN PLAN

re George |

| S$tate Police School |

}

| . teed against: an
|Moose home was $323.95. Secretury

$24,200 T
New Ladde

The apparatus con
Gettysburg fire com}
considering the purc!
65-foot aerial ladde
quoted a price of $'
type of equipment b
Belleville, representii
delphia headquarters
ican LaFrance Foami
Elmira, N. Y., at a1
committee in the engi
nesday night followi
fire company meeting

William G. Weave: |
the apparatus commi

the company could n

livery in less than t-

that the price quotec
inc
purchasers would rec
fits of any reduction :

that time. Members c |

tee said that a truck
one quoted by Mr. By
been purchased ten o
for approximately $1-

Mr. Weaver said t
mittee would conside
from two other com:

| ladder truck equipmen

. ‘that catalogs had been received but |
Three youths charged with pick- !

ing up two Gettysburg girls, one 13:

ing any decision.

MOTOR Ct
FILED BY

Daniel L. Yingling,
1, has been charged }
before Justice of the
Basehore with failin
execute a certificate «
time of sale of a mo
similar charge has bee
police against Ellis &
burg, also before Jus

Samuel C. Shull, Ge
has been charged b:
before Justice John
Springs R. D., with n
er's plates.

A charge of failing
inspection sticker on
been filed by state
Hudson Hughes, Har:
Justice William Dent

Truman Geiman,
been charged before
Orndorff, Oxford tow:
police, with driving
truck.

Local Grad A
Call To!

The Rev. Wilbur M.
mer pastor of the F
church, New Oxford,
pastor of the Luther
Mt. Carmel for about
accepted the pastora

here. Reaver served for over three! theran charge of the
avy and reached the: cuit in Lancaster cou!

The Rev. Mr. Alliso
! gational son of St. }

A daughter was born Wednesday theran church, York.

afternoon to Mr. and Mrs. Theodure from Gettysburg colle
hirthed feam the:Taitheran.Ip

ARR sR are 8 oe im ena ACOA AR INAS FAP Oem I OL ES aE TD MII NYE HT HR

emorial Services —
/ airfield May 295

Attorney Donald M. Swope. Get-
sburg, will be the speaker at the
hnual memorial services to be held
the Fairfield Union cemétery
anday, May 25, at 2 p. m.

ne-services Will be held in the Fair-
bid community hall. —

RUIE-HARD Hl

jola vemperatures,

“There Bas undoubtedly been ex-

op has not been wiped out,”
county Agent M. T. Hartman said
noon taday as he awaited more

. reports of orchard dam-
Thursday night by temperatures
at dropped to 22 degrees in some
1 sections.

J apple orchards were in “an
de we to be nipped” by the
Mr. Hartman
td but expressed the opinion that
host peach and sour cherry or-
hards may be past the most vulner-
ible stage.

Members of the staff of the State
Mollege experimental laboratory at
\rendtsville were busy checking or-
hard conditions today.

-* * <3} Degrees Here
Gettysburg’s official low during
he- night was 31 degrees, two de-
Teés below the low mark for Wed-
vesday night when constant breezes
ut‘down the danger of fruit dam-

ge. .

lay said fruit growers there have
ound Uttle damage was done there
yy th@ frost except in some low
reas. Some growers kept smudge

ots burning throughout the night.
The state Department of Agricul-
ure at Harrisburg said today that

\ fleldman from its offices checked aj

wmber of Adams county orchards
md féund “considerable damage”
jone by Thursday night's cold
peather. “It looks bad for tonight
po,"-frultmen were warned.
' . Weather Records Equalled
York county reports stated that
"1 ee temperature: there struck

sbuxG, PA., MAY 10, 1947

FIVE ARE GIVEN
JAIL SENTENCES

|

“=e py ggURT TODAY Death In The Electric Chair

Y SHARP COLD
HURSDAY NIGHT

nsive freezing injury to Adams|
| hunty fruit fn the last 24 hours but
fe are: still hopeful that the whole

| placed on probation for one year.’

Reports from Franklin county to-:

Single Copies Five Cents Each ; $

(Reprint From May 7 Edition)

Simmons Is Condemned To

| The following sentences: were pro-

For Killing Of H. L. Humpert

Allan Ross Knipple, Gettysburg R.| Death in the electric chair today faced Ray Herman Sim-
3, drunken driving, was given 30 days | Mons, 23, of Mechanicsburg, R. 1, convicted Tuesday night -by~
lin jail, fined $50 and ordered to pay, *JUTY of ten men and two women of killing Herbert L. Hump-
the snake ‘ert. 70-year-old Tyrone township farmer, during the

"Felix Smith, Littlestown, larce ny mission, bs a robbery at the Humpert farm the night. of

cg att i pmo el —_ | “We find the defendant, Ray H. Simmons, guilty of mur-

Earl Miller, Gettysburg R. 3, op-| der in the first degree, with the death penalty,” intoned Pro-
erating a motor vehicle without the. thonotary Arthur H.-Shields, as he read from the. verdict
| consent of the owner, was sentenced | handed to him by the foreman of the jury, John E. C. Miller,
to 30 days in jail and ordered to pay| New Oxford merchant, after the verdict had first been in-
the costs. i spected by Judge W. C. Sheely. rei

Charles Bowser, Abbottstown, lar- — Attorney Richard A. Brown. one of the two defense law-
ceny, was given from six to 12| yers, asked for a poll of the jury, and Judge Sheely called

ee . ° °
months in jail, starting from Febru-' 9 each one individually, by number. ars
deat

| ytounced in court Saturday morning |

| py Judge W. C. Sheely.
|
|

ary 4 when he was jailed, and) “Gui f
uilty of murde first degree, with
ordered to pay the costs. y bw Poa in the t degree, the

alty,” ,
Oliver Carter, Gettysburg, operat. | PENany, he , :
aa Simmons Shows Little Emotion

n wi the consent of the ;
nde pha bare and’ The jury was ready to report at 10 o’clock, but was delayed
ten minutes while Sheriff John E. Millhimes, Deputy B. E.
Bixler. and State Troopers George Ackerson and David K.
| brought Simmons to the court room. The case reached
months to pay. ‘the jury at 3:50 o’clock Tuesday afternoon. It was moved for
Robert Shultz, Orrtanna R. 2, as-' trial a week ago today. ay

sault and battery, sentence suspend-| Simmons accepted the verdict with little show of emotion.
Ce EAN and ae hone His divorced wife, Mrs. Beverly Simmons, Marysville, and his
ribs es chute tie ae nthe | Parents, Mr. and Mrs. Samuel Simmons, Mechanicsburg R. 1,

who had been present throughout most ef the

John Mays, Littlestown, assault and a brother, v 7
and battery, was senteiced to 30! trial, were not in the court room when the verdict was read.
D. Caldwell, who had

days in jail. ' Neither was Defense Counsel Thomas
Lois Miller, Fairfield R, D., assault returned to Harrisburg.
and battery, sentenced suspendedand' Attorney Brown was present for the defense, and District
| ordered to pay costs. Attorney J. Francis Yake, Jr., and Special Assistant District
- mga Teen ns R. 1, Attorney Daniel E. Teeter were also in the court room,
ae oabiga : nf - cs ee +. Pain As the jury filed in and took their seats, Judge Sheely
outing to the delinquency of m!- \rned against any demonstration. ed here
| nors, sentence suspended ind placed Court Thanks Jurors |
fendant got so intoxicated he could

on probation for two years. : io rR me i aitat thie cere
' “Regardless of wha
i not form an intent, then he could

. John Henry Byers, Gettysburg R. .
, 2, serious offense, remanded for ex- may be, there will be no demonstra-
* 4 7 not be guilty of murder in the first
degree.” .

; amination. | tion,” he said. The court room doors
Orders Bail Forfeited /were ordered closed, and those in
Frank Kelleman, York, larceny, the room were ordered to remain in Teeter Asks “Justice”
‘sentence suspended and placed on , their places until after the jury had
| probation for three years. Kelleman' made its report and filed out,
recently completed 32 months in Trooper Ackerson was stationed at
jail in Dauphist county’ on several the rear door.
charges. | “The court does not disagree with
Charles Sechrist, York, drunken your verdict,” Judge Sheely said, in
path ion ae to 30 days in; thanking the jurcrs for completing
and fined $50. ‘an arduous and distasteful task. “It ud. va ae f
The court ordered the bail for- : might make you feel a little better about hiding.‘ his tenticy, atid: the
feited in the case of Genevieve Heis- jf the court tells you that the de- Commonwealth eoniends that he
‘tand, York, larceny. She failed to fendant has the right to appeal to | committed murder with premedita-

He was fined $50 and directed to’
pay the costs. He was given three James

asked “only for justice” ‘in’
a verdict against Simmons. He de-
clared that “not ‘ones in. the’ Case

“The record shows that Simmons _
had been cold, ruthless and ¢unriing

The tion, deliberation and malice ¢fore-

Assistant District Attorney, Teeter: |

had Simmons denied striking “Baga :;

. rd am Tragraah- type apple OF appear for sentence. court this court, or to the Supreme court, |
a and: Samngem peace ane ‘learned later Miss Heistand is a Pa- or to ask for commutation of sen-
sherry treés. Strawberries, already tient ina hospital in York. — © wa waded: }

in York county, also!
aogdgagaa aaa heed The jury was out six hours and
20 minutes, with only one break in

reve hit. - | .
The all-time low temperature for: T
ay was tied at Philadelphia where ! jits deliberations. This came at 7:35

*@torded and snowflakes were seen. | court room to ask for further in-

RMnetaenr Bannevivanta todav report. !

sy evernight low of 35 degrees was! Q 'p. m. when they filed back into: the
IS STRIRKEN AT

formation. Foreman Miller asked if | utlty in the first degre”, and the

thought, and in the commission cf a

felony,” Teeter said.

“we submit ‘that he is guilty of
murder in the first degree If you
find that thts defendan* did strike
Humpert, then there is no reason in:
the world why he should have any
mercy at all. We ask for vérdict of

od

rt

ee

isha A: aha 8 eh Oe at

77 i?

puadedeubeaie-aeaterecmaiaame ee
aR Arba Be. Ge Dede. 65%

or

a

pain
WEIS

(lesheiiiastesta'am meet ct aetetaieeaee et

RO Ne 0 eS OGL IES or anes

os

J

iz, ost

THE GETTYSBURG COMPILE it

=

+ WDICT SIMMONS
+ AND STALEY IN
COURT TODAY;
| DELAY IS ASKED

‘Handing up a partial report
te the court on Thorsday, the
", Brand, jury found a true bill on

” yp @uaeges ef murder im the cases
5. Set Mebert L, Staley and Ray H. |

| *Stumens, Mechanicsburg,
\*phtarged with the slaying on
# March 24 of Herbert L. Hum-
-lyeet, 70, Gardners BR. D.
_ farmer.

' Attorney Richard A. Brown, who
represents Simmons, immediately
presented a petition to the court

‘for a continuance of his client’s

case to the August, 1947 term.

He was informed by Judge W. C.
Sheely that the petition should be
presented formally in the presence
of the defendant, and directed that
Mr. Brown might renew his motion
on Monday morning, when, he said,
Simmons would be present.

“Inclined” To Refuse It

The petition was accepted in-
formally, but Judge Sheely said:
“The court's inclination ts that the
petition will be refused.”

Points listed by Mr. Brown
in asking for the continuance
were as follows:

That he had not been retain-
ed to represent Simmons until
April 8 and had not had time to
prepare a defense.

That he had been handicap-
ped by the removal of Simmons
to Harrisburg on the day that he
was retained to represent the
defendant.

That he has learned that Sim-
mons its suffering from a psy-
cho-neurotic condition.

That a psychiatrist has been
engaged, but has not had time
yet to examine Simmons.

That important data from the
medical records of the United
States Marine Corps had to be
obtained by court order from
- Washington, and was expected
momentarily,

"That the petitioner betleves
‘that undue excitement and local
prejudice has been aroused by
the publication in The Gettys~
burg Times of evidence in de-
tall, which the Commonwealth
will present in this case, as weil
»-s by the publication of conclu-
“ sions of law, and that said
newspaper enjoys a wide cir--
culation throughout the county
of Adams of between 5,800 and
6,000 as will appear by two
copies of said- newspaper, hereto
attached and made part thereof,
and that further, your petitioner
believes that a fair and im-
partial trial might be obtained
by the continuance of said case
‘until August term, 1947.”
+-kaue_ bills were returned by. the
grand jury at noon Thursday against
Charles Bowser, Abbottstown, lar-
ceny, and Oliver Carter,
burg R. 5, operating a motor vehicle
without the consent of the owner.

STATE POLICE
LIST ARRESTS

State police Tuesday reported the

Gettys- |

State Police To
Get New Bumper
For Wooden Job

Gettysburg’s substation of
State Police will receive a new
chrome-plated bumper for one of
its cars with the compliments of
the Ford Motor company.

Local troopers have been driv- J
ing the vehkle with a wooden
bumper for some time. They were
told the new metal bumpers were
not available as yet. a

On Thursday Emerson Plank,
Chester, Pa., field representative
for the Ford Motor company, saw
the State Police car with the
wooden bumper and promptly in-
structed Glenn Guise, manager of
Adams County Motors and Ford
distributor here, to order a new
bumper and present it to the
State Police with the compli-
ments of Ford.

2-COUNTY FFA
‘GROUP ELECTS
FIRST OFFICERS

John Deardorff, Chambersburg, ;
was elected president of the Adams- |
Franklin area Future Farmers of
America Tuesday, at a joint meeting
of FFA leaders of the two counties
held in the Chambersburg high
school. Ninety-two boys and their
advisers attended.

Richard Waybright, a member of ;
the Battlefield chapter, Gettysburg,
was elected vice president, and Paul
| Waybright, a member of the same
| chapter, was named secretary. Other
officers chosen were: Reporter, Clif-

ford Rice, Apple City chapter, Big-
lerville; treasurer, Richard Lingg, |
East Berlin chapter; sentinel, Nel- |
son Rotz, Chambersburg; chaplain, |
John Thomas, Path Valley chapter, |
Fannettsburg.

The exeéutive committee will be |
| composed of the officers elected on
Tuesday, plus representatives to be
named later from chapters which
do not have representation among
the officers.

The attendance of FFA boys tn-
cluded 18 from Arendtsville, 15 from
Gettysburg, 11 from East Berlin,
seven from Arendtsville and six from
New Oxford, in Adams county, and
the following numbers from Frank-
lin county chapters: Washington
township, five; St. Thomas, five;
Chambersburg, 15; Greencastle, five
and Path Valley, Fannettsburg, five.

Elmer .H. Schriver, Gettysburg,
was in. charge of registration, and
took the place of Linn Shatzer, St.
Thomas adviser, who was unable to
be present, in charge of the nomi-
nating committee. John McAllister,
Arendtayille, and Marvin Rook, East
Berlin, replaced Mr. Shatzer as ad-
visers at the group meeting for
preside::ts,

A talk and demonstration on par-
liamentary procedure was given by
Dr. Russell B. Dickerson, Depart-
ment of Agricultural Education,
State College, and Mrs. Kathryn
Bevens, head of the public speaking
department, Chambersburg High
school, gave a talk on “Preparing
and Making a Speech.”

Treated For Auto
Accident Injuries

Howard Mummert, 17, son of Mr,

AOA Rw PM Rela Rice net ne nee

LARGE CROWD

AT HUMPERT

SALE SATURDAY

Attracting one of the largest.

crowds ever to attend a public sale ;
in this county, the personal property !

of Herby L. Humpert,

Tyrone township home the night
of March 24, was sold at public
auction Saturday afternoon and
brought slightly over $2,500.

The real estate was offered twice
during the afternoon but was with-
drawn by the executors of the estate,
Lloyd W. Kuhn, Bendersville banker,
and Attorney Franklin R, Bigham,
Gettysburg, after the farm had been
bid up to $5,300. After the sale, the
executors said the 106-acré property
will be sold soon at private sale.

Auctioneer Clair Slaybaugh, who
estimated the crowd at 2,500 said
prices generally were high. Livestock
sold well and the more desirable
pleces of household furnishings also
brought good prices. A handsome
spinet organ sold for $65 and chairs
sold for as much as $23 each.

The sale began at noon and con-
tinued until 5:30 p.m. with hundreds
of curious walking about the prop-
erty and a constant jam of prospec-
tive buyers about the auctioneer.
Cars choked the narrow road lead-
ing to the Humpert property and a
state policeman was on duty through
most of the afterncon untangling
traffic snarls and helping to keep
cars moving along a mile or more
of roads where parked machines
complicated the flow of traffic.

The personal property sold Satur-
day included a rifle and shotgun
which Mr. Humpert left in his house
when he went to the aid of Robert

|L. Staley and Ray Herman Sim-

mons the night he was murdered.
| The youths, now held In the Dau-
phin county jatl at Harrisburg until
their trial here for murder, had
called Humpert from his sleep to
ask for the loan of a jack. As the
trig walked down the sharp incline
toward the barn, Humpert was at-
tacked with a hammer and fatally
hurt.

LAUDS WOMEN
AS NOVELISTS
IN TALK HERE

“In no other fleld of art has
woman proved so successful as in
the writing of the novel,” Dr. A.M.
Wasilifsky, head of the department
of languages and literature at St.
Joseph’s college, Emmitsburg, told
70 members of the Gettysburg
council of the National Council of
Catholic Women and their guests
Tuesday evening at a meeting of
the NCCW held in the social
rooms of St. Francis Xavier school,
West High street.

“Sixty per cent of the novels of |°

today are being written by women
and they are turning out work equal)
to, if not better than the work pro-
duced by the nen of today,” Doctor
Wasilifsky held. He also added that
80 per cent of the novels read today
are read by women. ‘

“One mark that characterizes
most women, subtle intelligence, is
one of the principal characteristics

of the novels written by women, | leaves that have

bachelor |
farmer who was murdered at his

e

Bulging

Adams county’s jail wall,

in several places is a source o
the sheriff’s office. The pheto
tending from the front of th
white line in the center of thy
be if straight. The bulge to
porting props (white arrow t¢
collapsing. Another bulge in tl
foreground. Arrow at right {
jail yard, beyond which prison

spell,

COOL WEATHER
SLOWS OPENINE
OF FRUIT BUD

Adams county’s annual bloss
peak may not occur until May

That was the decision reac
Friday, April 18, by County Fs
Agent M. T. Hartman following
all-day survey of the county’s
chards.

He tempered his judgment
Stating that the entire problem
in the hands of the weatherman
pointing out that the buds were
along and a few days of hat wea
er would cause them to come b
ing into blossom in a hurry.

But if conditions continue as t
are now, with fairly cool weat
and fairly strong winds keeping
buds developing slowly during
next several weeks, the annual
play will be a May feature.

Apple Scab Threat

In general, he added, the f
trees are budded up well and
ring the usual possible difficul}
such as a quick frost after a wi‘
a genera] outbreak of &
disease to a greater extent t
usual, hail, or other similar disa:
the situation in general is pror
ing.”

In the Fairfield area on somt
the south slopes, the peach buds
ready are beginning to open, H
man reported.

The investigation disclosed
apple scab in shape to give tro
if the county gets some warm
but a number of orchardists
cultivating to turn under the
the scab and

ftanw Sime ©


ghted, whieh crashed into a
ding, Steinwehr avenue, The
pn opposite to which it was
the car — crash. The

DRTAGE. OF
INFALL FOR
AT NEAR 6 IN,

‘Biiort.; Fo ‘the first third of
jar, the. Moy weather report

.

. - he ‘Dr. ‘Henry Stewart,
‘iy Othe: observer, show a
He 0f'2.2R-inches of rain dur-
: et cine the total
ty - since the
- €irainfall to be nor-

Afmsost twice as much
that fell; 7.87 inches,
tne “four months.
Warmer “Than Normal

showed an excess
with 12 of an inch
‘of normal recorded. Febru-
ast 2.1 Inches short, March
eet ‘Rhort and April 2.24
oe - xiormal.

Pay A

shirg’s rainfall is almost six

SET DATES FOR

MAY MUSICALS:

AT HIGH SCHOOL

The annual. Gettysburg - high

‘} school music festival will be held

next Friday evening. May 9, at 8
o’clock at the high schooi and the

annual musical program by the pu-
pils of the town’s grade schools
will be presented Tuesday evening,
May 20. at 7:30 p.m at secs high
school auditorium.

The firs} part of the program by
high school pupils on May 9 will
be given by the Gettysburg high
school band under the direction of
Edwin S. Longanecker, instructor in
instrumental musie at. the high
school. That program will feature
the appearance of the band maj-
orettes.

The second’ part of the evening’s
program will be given by three
groups of singers under the direc-
tion of Richard B. Shade, supervisor
of music in the town’s public schools.

First there will be selections by
the freshman chorus of 90 voices
followed by numbers by the Gettys-
burg High School choir of 42 voices.
Concluding the program will be se-
lections by the 200-voice chorus
choir that includes sophomores,
juniors and seniors. Their final
number will be the “Hallelujah
Chorus.”

The more than 700 grade school
pupils in all) of the eight grades
in the three buildings will take
part in the program on May 20
under Mr. Shade’s direction.

Pupils of each grade will sing |

a group of songs and there will be
numbers by the Lincoln school choir

and the Lincoln school orchestra. |

In the finale all of the 700 voices
will join to the accompaniment of
the Lincoln school orchestra.

The grade school teachers are as- |

sisting Mr. Shade in preparation of
this program.

Details of each program will be
announced later.

FRUIT.GROWERS
MEET TUESDAY

Adams county’s fruit growers will
meet Tuesday evening at 8 o’clock
in the Biglerville auditorium F. E.
Griest, Jr., secretary of the grow-
ers association, announced today.

State Horticultural Society Presi-
dent F. E. Griest, Sr., will report on
the prospects of the peach crop from
Georgia north and the highlights

| Af the National Peach Council meet-

Single Copies Five Cents Each

Commonwealth Asks

‘N

Death For

ternate was finally accepted. ,

After a 25-minute recess, Special
Assistant District Attorney Deniel E. |
Teeter, Gettysburg, outlined what
the prosecution hoped to prove, and

the first witness, State Policeman

James D. Knipple, Harrisburg, was.

callef to the witness stand.
“Errand of Mercy”

The 14 jurors were sworn hy Mrs.
Emma Sheffer, clerk of the courts,
at 11:25 o’clock this morning.

Teeter said that the prosecution
will show that Simmons and Robert
L. Staley, 23, Mechanicsburg, got
Humpert out of bed between 11 and
12 p. m. on the night of March 24,
saying that they had a flat tire and
wanted a jack.

“We will show that Humpert was
on an errand of mercy for Simmons
and Staley, when he led the way
with a lantern in his hand toward
the barn, to get a wagon jack, and
that Simmons attacked him with a
hammer, inflicting a number of
blows ... and that Humpert died
as the result of the wounds thus
inflicted,’ Teeter told the jury. |

The assistant prosecutor said the
Commonwealth would show ‘that,
Simmons and Staley on the after-
noon of March 24 drove in Simmons’
car, with Staley at the wheel, to

Carlisle; that they were seeking the

Simmons

As Trial Is Opened

The Commonwealth today declared that Herbert L. Hump-*
ert, 70-year-old Tyrone ‘township. farmer, was slain “while’
on an errand of mercy” and asked a jury of ten men and two
women, with two women alternate jurors, for “a verdict of ¢
guilty of murder in the first degree, with the death penalty.”

The state’s case against Ray L. Simmons, 23, of Mechanics-
burg R. 1, charged with the Humpert murder, began unfold-
ing shortly before noon today, after nearly two days and a
half had been spent in obtaining the jury. One hundred and. :
eighty-four veniremen had been called before the second. al-

Adams county, coming by way of}.

} Humpert home, believing that Hum-
pert had “a sum, of money, and for!

Teeter
would show that Stmmons and |
Staley “drove around,

sons” where Humpert lived, and
that after locating the premises,
they drove. to Gettysburg “where
they had something to eat, and
something to drink”; that they then
drove back to the Humpert farm
between 11 and 12 o'clock, parked
the car and got out, and that, after
knocking on. Humpert's door and

the purpose of taking that money.™:
said the Commonwealtal

looking at, °
mail boxes, and asked several per-'[~

Murder |
Jury

A jury of two women and ten
men, with two women alternates,
will try Ray H. Simmons for the
murder of Herbert Humpert. The | ..
panel was completed at 10:48 [—
o’clock this morning. It com
prises:

Russell M. Spangler, Get-
tysburg R. 4, farmer.
Mrs. Elsie Cashman, York

Springs, housewife.

_ George F. Crabbs, Littles-

town R. D., farmer.

John E. C. Miller,
Oxford, merchant,

Helen: J. Weikert, Fairfield,
housewife,

John G. Myers, Hanover RB.

D., farmer. .

Harmon H. Beamer, Stra-
ban township, state highway
employe.

Levi Spangler,
township, farmer.

Herbert J. Motter, Litties- .

New : )

Straben hy

Pet a nn tA ee be

PAST GRANDS Of
COUNTY GATHER.


POW Yi ee 2 ‘

precipitation since the
of the year to 5.67 inches.
if'of rainfall to be nor-
be almost twice as much
unt that fell, 7.87 inches, |
four months. |
mer Than Normal |

) showed an excess}
i] 4 .12 of an inch
i il recorded. Febru-

p.1 inches short, March
s short and April 2.24
bw normal.

t year’s rainfall rinning
short for the year, the
{jr summer crops in this
be affected unless more
&s soon, and may be one
h of statements’ by
ell drillers that the water
dropped as much as 30
s section in recent years.
’ was there shortage of
ring the first four months,
eather was warmer than,
ast month the weather |
38 degrees above normal |
ean of 54.8 degrees for
h.. With February and
bving colder than normal
anuary’s excess warmth,
vith the excess in April
average 1947 temperature
9 degrees above normal
» four-month period.
From 81 to 30 Degrees:
ved: a month of contrasts.
osts were recorded on
nd 29 and then April 30
g with a thunderstorm.
as fog on the second and
sl ; showed traces of
*s were clear, five
a i nine cloudy. The
imum for the month was
es; the mean minimum,
es.
temperature was recorded
6 when an 81 was noted.
st was 30 on the Ist and
al of 1.41 inches of rain-
ecorded, with the heaviest
pril 16.

, |
peakers For

istrict SS Meet

v. Nevin E. Smith, Han-
the Rev. Harold Bonner,
2 religious education at
1ey_ Industrial school will
> principal speakers at the
-annual convention of the
wriet of the Adams County
3chool Association to be
rday and Sunday evenings
aville Evangelical church.
v. Mr. Smith will speak ,
day's session which will
8 o'clock. The Rev. Mr.
tll be the speaker at the
meeting, which also will |
8 o'clock. Officers will be!

je

e
h

heing held on the
nthroned.”’

Anat oF
os

wash born
a. to Ms. and Jers: J:

Hanover street.

—

| list of names.

a
|

_ MEET TUESDAY

Adams county’s fruit growers will
meet Tuesday evening at 8 o'clock
in the Biglerville auditorium F. E.
Griest, Jr., secretary of the grow-|
ers association, announced today.

State Horticultural Society Presi-
dent F. E. Griest, Sr., will report on
the prospects of the peach crop from |
Georgia north and the highlights |

Sf the National Peach Council meet- |
ing.

Reports on fruit prospects and
cold weather damage will be made |
by John Peters, William M. Lott,
A. W. Geigley, 3B. E. Benner, O.
Bucher, D. Kuhn, R. Garretson, |
George Schriver, Harold Steiner,
Oliver Heacock, Robert C. Lott and
Frank Hewetson.

Orchard disease and insect con-
ditions are to be explained by Ex-
tension Plant Pathologist L. O.!
Weaver and Extension Entomologist
J. O. Pepper.

A letter sent out to the growers
by the association today lists the
meeting for “8 p.m. DS.T.” and
then adds in parenthesis after the
D.S.T. “Darn Strange Time.”

43 HS STUDENTS

i
'
‘

TAKE STATE TEST ict sen". tae

Forty-three high school students
from throughout the county this|
morning took the state scholarship,
examination at Gettysburg high,
school under the supervision of Dr.
Robert A. Bream, assistant county,

superintendent of schools. and Guile! jurors not serving in the Simmons: Of

W. Lefever, Gettysburg high school :
principal.

Only two of the 45 students who
had qualified to take the test failed |
to appear this morning. Both of the.
missing students were from Gettys-
burg.

Because of the presence of two.

| Philadelphia girls, both of whom at- | Kuhn, Franklin township;
|tended St. Joseph’s academy at Mc-| . : |
| sep y Dorothy Brame, Straban township; pe training course for Girl Scout

‘Teeter sald
would show that Simmons ~
Staley “drove around,
mail boxes, and asked several per-
sons” where Humpert lived,; and

the Conunonweéalits
and

that after locating the premises, ,
, they drove to Gettysburg “where

they had something to eat, and
something to drink”; that they then
drove back to the Humpert farm
between 11 and 12 o'clock, rkea
the car and got out, and that, after

| knocking on Humpert’s door and
| asking for a jack, Simmons struck

Humpert a number of blows with a
claw hammer. am:

The first witness, Knipple, a
photographer and fingerprint man
in the Harrisburg headquarters of
the state police, identified photo-
graphs he said he took of the Hump-
ert. home, barn, path between the
house and barn, the entryway in the
barn where Humpert’s body was
found, pictures of the dead man,
Simmons’ car, and others marked
for identification, presumably‘ to be
used later in the trial.-

Forty more extra jurors, sum-
moned by Sheriff J. E. Millhimes
and Deputy B. E. Bixler Thursday
night, at the order of the court, were
in the courtroom this morning.
Thirty-two of these were examined
before the jury box was filled. The
remaining extra jurors were €X-
cused. Veniremen on the regular
panel, ordered to report back this

Monday morning at 9:30 a. m. Judge
W. C. Sheeiy asked that they also
leave the courtroom.

District Attorney J. Francis Yake,
Jr., said at noon today that the trial
of Staley “presumably” would follow
the Simmons case. In asking the

case to leave the court room, Judge

Sheely also indicated that the Staley

case would probably follow. ©
Jurors Challenged

Additional jurors excused during |

the morning session of court today

are:
For cause, defense: Mrs. Edna

Mrs.

looking at

1

the two alternates are.
Mrs, Myrna Johnson, Ab-
botistown, widow.
Mrs. Catherine
Fairfield, housewife.

Wilson,

PAST GRANDS OF

|
|

|
{

COUNTY GATHER

The Rev. Ralph Meckley, pastor
of the York Springs Lutheran

church, was the principal speaker
at the 164th meeting of the Past
Grands’ association of the Odd Fel-
lows of Adams county at a meeting
| Thursday evening at York Springs.
‘His subject was “Brotherhood.”

, The York Springs lodge was host
‘for the meeting at which Harry T.
Stauffer, Gettysburg, the county
president, presided. The meeting
opened with the singing of ‘“Ameri-
ca.” Clifford Snyder was the pi-
‘anist. Emory S. Guise gave the wel-
come the Rev. Mr. Meckley, the in-
‘vocation. Edward F. Hawk, Littles-
‘town, responded to the welcome. The
‘roll call of officers and lodges show-
-ed 74 persons present.
The entertainment was presided
| over by Ralph Golden. There were
. trombone solos by Dale Roth,
i“Wings of the Morning” and “I’m
There was a piano solo
jby Clifford Snyder and skits by
'Curwin Smith and Richard Miller
| of the York Springs high school.
‘President Taylor of the Carroll
‘county Past Grands’ association
|spoke briefly and at the request of
ithe lodgemen President Stauffer told
his recent trip to Puerto Rico.

| The next meeting will be held at
| Bendarsville. The meeting closed
; with the singing of “Blest Be the
|Tie That Binds” and the benedica
‘tion by the Rev. Mr. Meckley.

|

Girl Scout Leaders’

4

Course Opens Monday

Sherrystown, in the test, there was Mrs. Mayme Hartman, Franklin | jeaders previously postponed will

a possibility that three state schol-!
arships might be given to the stu-'

township; Mrs. Goldia Cool, Mt. Joy
township; Mrs. Teresa Snyder, Lit-

| start Monday evening at 7:30 o’clock
iin the main Sunday school room at

dents taking the test today, school tlestown; Mrs. Blanche Settle, Cum- |
, : : , Christ Lut ‘ -
officials pointed out. Because both! berland township; Malcolm Spald- | acials ee pel sccut of

of the Philadelphia girls live in dif- |

ing, Mt. Joy township; Kenneth

Miss Marion Tupper, executive di-

ferent legislative districts there is: Slonaker, Highland township; Wil- rector of the Waynesboro Girl Scout

a possibility that they might win the!
scholarships given for their dis'rict,.

win the Adams county scholarshij).
‘All of the tests are graded at,
Harrisburg by machine and all tests |
are numbered and the names placed |
in a key list so that no one may}
know who completed a particular

ithe test is checked against the key

Vso
= We ~~

Mes. Chacies Hert, WS

SUTSCT. |

liam Peterman, New Oxford.
For cause, prosecution: Walter B.

ders, New Oxford; Mrs. Alverta
Brown, Reading township; Wllbur
Geyer. Ceshtown; Mrs. Rose Hoff-
man, Cumberland township; Mrs.
Elsie Lemon, Reading township;
Mrs. Gladys Rudisill, Cumberland

nd installed Surday. The|examination until the number on} township; Mrs. Marguerite Ebaugh,

Littlestown; Clarence E. Houser,
Conewago township; J. C. Spicer,
Tyrone township; Bernerd Diliman,

4 esughter was borm Monday|Uittlestown; Mrs. Martha Adams,
| storning at the loopites to Me. and! Strakan township; Mrs. Rita Keck-

ler, Fairfield.

‘council, will conduct the course of
, 12 hours to be held over the next

while one of the other. students will ‘Crouse, Littlestown; J. Felix San- ‘several weeks. All leaders, assistant

leaders, committeewomen and all
‘others interested in scouting are
| urged to attend the meeting.

ELKS TO DINE
A testimonial dinner for incom-
|ing and outgoing officers and in ob-
servance of the anniversary of the
present lodge home will be held by
the Gettysburg Lodze of Elks Tues-
day evening at 6:59 o'clock at the
home on Werk street. Special enter- -

| paiament wil be provided,”

as abe MRE REAL 8

ante

ae
a nt it tk SO Se

Fiiincs Uh Usd CULL)

ad found “considerable damage”: charges.

ne, ik * sboere gi night's cold |

ather. Mt 1

»,*fruitmen were warned. jail and fined $50. |
Weather Records Equalled The court ordered the bail for-

York county reports stated that. feited in the case of Genevieve Heis-

‘degree temperature: there struck’ tand, York, larceny. She failed to

r t Stayman-type apple or- ;appear for sentence. The court
a uj damaged peach and | jearned later Miss Heistand is a pa-
el. _2es. Strawberries, already tient in a hospital in York.

full bloom in York county, also|
Te hit.
The all-time low temperature for!
ay was tied at Philadelphia where |
overnight low of 35 degrees was!
sorded and snowflakes were seen.
estern Pennsylvania teday report- |
its third consecutive day of snow
ries.
Philadelphia weathermen said it:
is only the third time in history |
at snow has been seen there in|
ay. In western Pennsylvania snow |
vered the ground at Kane and
} City.

WALTER AFRICA
IS STRICKEN AT
WHEEL OF AUTO

“Walter T. Africa, late of Gettys-
burg, vice president and general’
'sales manager of the Stouck-Reaser |
‘company, an affiliate of the local

; 7 furniture factories, was stricken with
i@ heart attack at the wneel of his

Innounce DAR

‘ i. :

‘ssay Winners

automobile Sunday afternoon near
Ardmore, ran off the road, and died.
Mrs. Africa, who was with her hus-—
band, suffered a fracture of the left
s Doris Kitzmiller, daughter of
ts. Mary Kitzmiller, 101 Chambers-
wg street, is the winner of the
ual essay contest conducted by

ankle in the crash.
Township police, arriving on the
Gettysburg chapter of the,
ughters of the American Revolu- ;

‘scene of the accident, removed Mr.
and Mrs. Africa to the Bryn Mawr
‘hospital where Mr. Africa was pro-

nounced dead.
nm it was disclosed Wednesday by | more to visit Mr. Africa’s brother
" walter H Danforth chairman : 204 sister-in-law, Mr. and Mrs.
; ; : ‘Henry Africa. The local couple left

) it in charge of the:

mmittee *8 Ardmore about 4 o'clock Sunday

afternoon to return to Gettysburg.

¢,
is Bl

. second prize will go to Miss,
aine Hemler,.daughter of Mr.
%d Mrs. Francis Hemler, 261 Bu-
@d- avenue.
The topic for the essay this year
“ $ n
igs Orie ucees vlere Bite, Wedne late Warren Stouck. He trav-
} Tilberg, Dr. J. Walter Coleman | Cled extensively for the firm and
id Robart Myers. had resided in Gettysburg for
‘The winners of the annual Amer- number of years.
.n history contest for members of | He was born in Huntingdon, Pa..

happened. ;
Mr. Africa became affiliated with
the Stouck-Reaser company a num-

@ junior class also were announc-, !M 1891.
i They are Betty Jo Hill, daugh- Mr. Africa had been suffering

from heart trouble for some time

Local Youth Will
Enter Diplomacy

of Mrs. Violet Hill, 231 Baltimore
ang Ruth Jeanne _ Diehl,
and Mrs. Milo
hl, McKnightstown.

izes will be awarded to the win-
at the annual DAR assembly

the high school on May 14 when. Dunning Idle, 4th, son of Dr. and
guest speaker will be Dr. C. C.: Mrs. Dunning Idle, Baltimore street,

ksmussen of the Gettysburg Lu- ® sophomore at Princeton university,

an Theological seminary faculty, has been admitted to Princeton's
School of Public and International

. Affairs for his junior and_ senior

harge 5 Drivers
With Violations

State police Tuesday announced
ollowing charges they have laid
foré county justices:
Albert P. Heare, Biglerville R. 1,
driving.

Roseann Sawyer, Kensing-
, mu., speeding. paid a fine o!
0 and costs before Justice of the
H. G. Blocher, Littlestown. emy and attended Gettysburg col-
M4. J. Rife, Waynesboro, improper jiege for a year before entering the

‘ navy.

ucation he expects to enter diplo-
macy. Those planning to enter gov-
ernment service are
training by the SPIA in connection

Mr. Idle was recently chosen man-

t

Vicia tes Jal ti WRUpP COUNTY Gil several: the rear door.

Charles Sechrist, York, drunken your verdict,” Judge Sheely said, in | Pert.”
ooks bad for tonight| driving, was sentenced to 30 days in| thanking the jurors for completing |

20 minutes, with only one break in

court room to ask for further in-

‘the jury could make any stipulation

terested in learning whether it could
‘rule out any parole for Simmons in

The Africas had driven to Ard-.

About 15 minutes later the accident |

-ber of years ago, after the death of.

‘degree, but that is the court’s own

a:

‘was true and false.

years. Upon completion of his ed-

given special:
with the regular liberal arts course.,

ager of the Debate Panel and was’
also made a member of the Cam-'
pus club, a social organization. He; Simmons and Staley had formed an
graduated from Mercersburg acad-|

did not have an intent, and the de- |S. Greenwood, Bryn Mawr,

king Hum- -

> ea: A ;
“The court does not disagree with | had Simmons denied stvi

“The record shows that Simmions

‘an arduous and distasteful task. “It! had been cold, ruthless and cunning

might make you feel a little better; @bout hiding his identicy, and the
if the court tells you that the de-|Commonwealth coniends that he
fendant has the right to appeal to Committed murder with premedita-
this court, or to the Supreme court, | tion, deliberation and malice sfore-
or to ask for commutation of sen- | thought, and in the commission cf a
tence,” he added. : felony .” Teeter said.

The jury was out six hours and We submit that he is guilty of

murder in the first degree If you
find that this defendan* did strike
Humpert, then there is no reason in
the world why he should have any
; ; F ict of
tion. Foreman Miller asked if mercy at all. We ask for a verd
emma : | guilty in the first degree, and the
oy death penalty.”

a he : if Simmons were ;
feud cade | Teeter finished his summation at
ee tel . | 2:17 p.m., taking less time than was

é g that t r as in-

It appeared that’ (he: jiky was consumed by Attorney Caldwell

Tuesday morning.

' “ . ”

case of a recommendation for life: dectes Secs ae the
imprisonment. Informed that they def t £ sidental death
could only decide between life im- Tk alee taille pasties kisi i
et eh Ne oo sentence, lapses of memory, and said that Sim-
oe SUEY cs piel beh eit mons’ story that he learned all the

« s y , > ; ; .

The verdict came just before the Ta ee ee te
jury was about to be locked up for Ji endeavored also to discount de-
ee nee Wisc alg sale fense charges that the district at-
Toubelede 1 1 velaige sda jeaon et | torney:or-State police had: Biappated

: pk i answers to Simmons, or “put words”
after that hour, it was to have been ' in his mouth. P :
sealed and opened in court this. After thanking the jury Judge
noe unless the jury was still Sheely excused them to go to their
out today. ‘homes. Five of them had not n

Defense Attorney Richard A. pome since they left to oe
Brown declared Tuesday night, after court a week ago today. He kept
the verdict was reported, that he spectators seated in the court room
will file a motion for a new trial! until after the jurors and the pris-

y law. Simmons was removed from the

an ioe o he ieee Adams county jail Tun sa
afternoon, Judge Sheely said: about 11 o’clock to the uphin

“The court's own thought is that county jail at Harrisburg by the
it cannot see how you can fail to sheriff and state police.
find a verdict of murder in the first

its deliberations. This came at 7:35
p. m. when they filed back into the

thought. This is not meant to take

Local Couple Is
away from you any duty or responsi- Married In South
bility. It is still the duty and power '

of the jury to tind a verdict.” ' The marriage of Miss Theresa

Judge Sheely told the jury, in his’ Marie Stock, daughter of Mr. and
charge, that it was their duty to sift. Mrs. Mark Stock, Carlisle street, and
the evidence and determine what Sgt. Edward K. Hartman, son of Mr.
and Mrs. M. T. Hartman, Baltimore
road, took place this morning in the
‘rectory of St. Joseph's church, of
Petersburg, Wa. The ceremony was
performed by the Rev. John Brach-
truk.

Attendants were Mrs. Jack Mug-

“Be absolutely impartial to both
sides. put aWwuy prejudice, or any
influence of sympathy or mercy,” he
said.

The judge charged that if the kill-
ing of Humpert had been commit- .
ted in the perpetration of a felony, ford, Petersburg, and Cpl. George
then the juty could find Simmons: McClelland, Jr., Camp Lee, Va.
guilty of murder in the first degree. The bridegroom is a graduate of
He declared that the alleged con- Gettysburg high school, class of 1944.
fession was important evidence, but | He spent one year in the merchant
that if the jury felt that it was ob-;: marine and is at present serving an
tained by any means intended to 18-months’ enlistment in the Army.
make the defendant give false state-, The. bride attended Gettysburg
ments, they should ignore it. He high school, and until recently was
also charged that drunkenness was employed in York. For the present
no defense to a crime. the couple will reside in Petersburg.

“If you find that the defendant

A charge of failing to have a
intent to burglarize the Humpert | proper inspection sticker wil be filed
home, and then got drunk, drunken- | by state police of the Gettysburg
ness is no defense,” he said. “If they | substation against John Robert 8.
Pa.

Ps
i ne oe

Py a

ows

BA Ch UER dda) CRA LF MAMI hha b ata ded

from: attempting a robbery on ‘the

‘Humpert home and that there was

no plan made between them to kill
Humpert.

Staley’s statements to police were
that he and Simmons, after finally
deciding to rob Humpert the night
of March 24, planned originally for
Simmons to keep Humpert at the
barn on the pretext of wanting a
Jack until Staley had a chance to
secure money from the house.

“Hit Him With Handle”

While Simmons and Staley were
on the porch of the Humpert house,
according to Staley’s statement,
Simmons decided that it would be
best to “Knock out old man Hump-
ert” after they had lured him from
the house.

When Simmons decided to knock
Humpert out, Staley’s statement
said that Staley told him to “hit
him with the handle only, so you
won't hurt him.” .

Tried To Pull Simmons Off

three or four times and it sounded
bad. I went to the house, and called
Simmons ‘John, saying ‘Johnny,
quit hitting him.’ I fell on the back
porch steps and then found that I
could not open the door because it
was locked. I went back down again
and they were still fighting. I took
hold of Simmons’ coat and tried to
pull him off Humpert and told him
to quit hitting tne man and come
on. Y told him J couldn't get into
the house and that we should go.
Then he gave me the key to the
Humpert house and I went back.
While I was at the door trying to
get it unlocked Simmons came up.”
Got Money And Ran

He then described how they found
a flashlight in the house and search-
ed until they found a wallet with
some money in it. They then ran
from the house up the lane to where
their car was parked with the engine
still running. They returned to Get-

! . 8
ithe Washington, D..C., branch ol.
the commission to study the organi- |

zation of peace.

Among her magazine articles are
“Power Politics and Democracy” and
a New World Order.” The topic of

nounced.

Memorial Day
Committee To
Meet Tonight

The Memorial Day committee in
charge of the exercises in the Na-
tional cemetery on Mav 30 at which
President Harry 5S.
speak will meet at 7:30 o'clock this
evening in the office of William L.
| Meals, center square, to complete
| arrangements,

{ “United States in the Transition to.

her address here has not been an- |

Truman. will:

tysburg, to Staley's sister's hopne and |

then went to Mechanicsburg. En-:

Staley’s statement claims also he
¥5. 500 route they threw the hammer used |

ll Simm ff
attempted to pull’ Simmons ol to hit Humpert, the flashlight from |

Governor James H. Duff has alse |
accepted an invitation to attend the ;
| exercises.

Humpert when the pair were fight-
ing on the ground near the barn,
and with several times having told
Simmons to quit hitting the old
man, {are eee

The Staley statement, in sunimary,
told the following story:

About a week before March 24,
Simmons and Staley were talking
about Simmons’ need for money.
Staley told him that he knew where
some could be gotten, and then told
Simmons about Humpert and how
his (Staley’s) brother had previously
robbed _Humpert.
talked the Humpert idea over again
and Simmons decided to look the
place over. °

On the morning of March 24
Simmons came to Staley'’s home, got
him out of bed, and told him they

-were going to Humpert’s. Staley

argued that he did not have any
money, and that he did not have
time to go over because he had some
work he had to do. He used that,
he said, as an excuse to keep from
going along.

Wanted to Drop Pians

Simmons said they would go any-
way and that he would hock a suit
to get the money for the trip. They
got $5 by hocking the suit and then
headed for upper Adams county. He
described how they drove about in
search of the Humpert home, look-
ing at mail boxes and finally ask-
ing where Humpert lived. Staley
said that when they could not im-
mediately find Humpert’s home, he
suggested they drop the plan and
that possibly Humpert had moved
away, but Simmons insisted they
ask and find out.

After locating the house — they
drove past it three times, looking it
over. Staley said he again tried to
dissuade Simmons from his plans
and Simmons agreed to come to
Gettysburg. Here they had some-
thing to eat and two fifths of whis-
key to drink and decided to return
to the Humpert house.

When they arrived sometime atier

Later the two!

Humpert’s house in the Conewago at

up their clothes and later threw

mons’scar so he could come to Get-
tysburg to give himself up to the
district attorney and failing in that
went to the bus terminal to come
in a bus. Not having nerve enough,
;he “put my head in my hands in
the terminal and cried.” | ‘

| _ Eager To Cooperate

| . Mrs. Little testified that both in
ee statements made to police dur-
ing the trip about the county, and in
| dictating the formal statement to
her ‘on the evening of April 1, and
at supper which police and Staley
had near Harrisburg, Staley seemed

the Humpert home and the kev to:

them into the water near Camp Hill. ,

Staley’s statement quotes him as!
saying that afer he learned Hump-!
er was dead he tried to borrow Sim-.

to be cager and anxious to cvooper- |

President Truman is expected to
be accompanied here by several

many influential leaders in Congress
are also expected to attend.

This will be the first official visit
of a President of the United States
to this historic community since
1938 when the late President Roose-
the Eternal

'velt dedicated
‘ Peace Memorial.

TREASURY TO

REGISTER GUNS

The United States Treasury de-
| partment will have representatives
iat the court house here on May 14°

land 15, between 1 and 9 p. m., for

ka. purpose of registering firearms.
Persons who possess firearms of

. . at : { ye OF is j ‘
Twin Bridges. Arriving in Mechan-. members of his official family and

icsburg they took showers, bundled!

ate. | foreign manufacture are urged to

“ State Policemen Walsh, Jenkins .

and Parsons, called to the stand,. order that they may be registered in

also said Staley scemed very onxious | COMPHance with the National Fire-
: : arms Act, while the government

to cooperate during the entire time. ;
Jenkins identified the hawimer representatives are in the local area.

} Which he said he got out of the
i Conewago creck and said that Staley “ation are described as full auto-

ustd by Simmons. Parsons also test- | Will fire more than one shot with a
ified that the hammer was said by continuous pull of the trigger; guns
Staley to be the one used by Sim- with barrels less than 18 inches in

Twin Bridges was similarly identi-,Yifle. where the minimum length
‘John H. Basehore, local justice ‘barrel type of weapon includes guns

Of the peaca, identified the signa-; With detachable shoulder stocks;
ture on the statement as being that; @my gun other than a pistol or re-

‘In his presence on April 12 at Dis- | the person; and all mutfers and
trict Attorney Yake’s office. | silencers.

: Conduct Post Mortem If there is any doubt as to whether
'- The bedy, Dugan said, remained a gun requires registration. it is
|‘yntouched until the next morning, , suggested that the gun be taken to
| about 10:30 o’clock when Doctor;the court house for inspection by
| Crist and Doctor Johnson arrived to|the Treasury agents. If it requires
| do the post mortem. Photographs | registration, the necessary forms
were taken of the body the night of | and assistance will be furnished free
March 26, Dugan said. | of charge,

t
|
!
'
'

‘bring them to the above address in-

Types of firearms requiring regis- ,

had told him it was the hammer, ™&tic guns, that is, any gun that:

mons. The flashlight also found near |/ength, except in the case of a, 22.

fied. , would be under 16 inches; the short .

caged and as having been made! volver which may be concealed on.

THE CIYTy
Flanuni
This is the
_H. MacDonal
missioner ot
article in the
magazine las
densed in T
‘William Cart
This staten
; of some that
'“dream” hi
cities, towns :
traffic away
. the touring
Mr. Macl
after long
building, als.
sylvania Tur
‘lief that th
‘extended to
passing mos
between that
, eastern teri
Carlisle.

Rea
The turnpi
thorized the
extension wh
.made by th
other main a
the Lincoln
‘route tens of
‘travel yearly
_cbjective in t
. Battlefield.
Continuing
“How ab:
ing across
straight c
tinental hi
ned for th
war,” expla
engineers «
to-coast dr
imaginary
our southe:
less than
traveling e |
you'll find
county roa
to build a
tually, thoi
tercity higt
the tourist

| Delone
ot Orat

Louis Foye
‘school, Mcf&
honors Thur
risburg Cath
contest held
auspices of |
Forum. His |
Problem.”
Second pl
La Croce, S
Shamokin, '
Peace Plan-
The Most
bishop of Ha
cup to Foye
La Groce. Si
to the remal
man Finley,
high school.
tian Educat
' Peace,” and
Heart Acade
] Federal Con

TTYSBURG, PA., MAY 17, 1947 Single Copies Five Cents Fach Ne. 20

Higor Music Festival FIND MURTOPFF sracture'or knee STALEY TAKEN
a pene tas orc cone BUILTY -QN TIPSY ore"sseves teams. ss TQ PRISON FOR

(01 annual high school music | | knee, and numerous cuts and bruises

Iestival. Seats originally reserved for: j @dout the face and body} when his
members of the choruses were va-! jour skidded on a wet highway two
cated for the public. ed ;miles south of Littlestown on the
The first part of the program: A jury in Adams county court | Baltimore pike Wednesday after- The gates of Enstern penitentiary

. noo 4:45 o'cl smas
wee given by the high scnool band | Tuesday afternoon found Lester H., ee oe ened were scheduled to close behind
ander the. direction of Edwmn S.| ’ hoa a tee. Tain Sma Robert L. Staley, 23
\ O ker. 'Murtoff, Gardners R. D.. guilty of ted as a patient at the Warner hos- er I. taley, 23-year-old Me-

| ily cenena section aes presented | dTiving an wutomobile while under! pital, Damage totaled, $400. State | Chanicsburg youth Mon. as he be-

the influence of intoxicating liquor.' police investigated gins a life of imprisonment for the
votai stucde ¢ oi 2 : :
ais of Fcwenpahg a a bahia after deliberating 30 minutes. The | _ , claw-hammer. slaying of Herbert L.

were ‘nelections by the {freshman | C®8¢ Ws completed and given to the | . ‘Humpert, 70, Gardners bachelor

chorus of 90 voices, the high school | JUrY at 3:05 p. m., and the verdict | MEMORIAL DAY | farmer. :

Solr of 42 voices, the high school! handed up to Judge W.C Sheely at_ _ Btaley had stood tmpassive in
‘ Adams county court Saturday aft-

° .} 3:35 p.m.
20ys8 . several solo selections |
and as eee nine’ number, “Hal- A truck owned and driven by Mur- | ernoon while Judge W. C. sheely
elijah. Chorus” from “The :Mes- | toff collided with an automobile op- ‘pronounced sentence, “That you
jah,”.by the 200 voices of the com- | ¢rated by Buddy Rupp. Aspers, a half : ‘shall undergo imprisonment in Exst-
ined chour and chorus --' mille south of Biglerville on the Get- | ;ern penitentiary for the remainder
. ‘ tysburg-Bigierville road on the after- ; ,OF your natural life.”
!

’ ; noon on March 24. Rupp was seri- | While Staley's sister, Mrs. Mary
' A LL FRO a CAR os injured and taken io the hos-' 4 tentative program for Memorial | 5¢tt. Fairfield, sobbed loudly, the

conscious for two cay, he testified the Memorial Day comynittee Friday D°use by Sheriff John FE. Milthimes,

q . Tuesday. ‘Gettysburg in the offices of Wiliam Deputy B. E. Bixler, Chief of Poltoe
' Murtofl was charged with driving’ 1 Meals, secretary, with a nak de- Robert C. Harpster and Borough
while under the influence by state '(endance of the members. The pro- ‘OMicer Kenneth Tawney.
police of the Gettysburg sub-station, | gram will be submitted to President Taken To Harrisburg
who investigated the accident. Sev-' Truman, who will be the principal _ Removed to the county fail Staley
eon : eral witnesses fur the Common: j speaker at Gettysburg on the after- WS given @ few moments to get his
Kenneth Bugene Prv, 2'2-year- wealth testified that they saw Mur= 1 noon of Muay 30, for final approval. clothing together and then was re-
id son of MF. and Mrs. Arthur D | !0fM at the scene of the accident. as tentatively adopted, the parade ™0ved immediately by the sheriff
v ipton,. died at the Warner | ‘hat he staggered and they smelled | wi form at 2 o'clock at the Meade 894 his deputy to the Dauphin
26] Tuesday morning at 2:15; liquor on his breath school, and march through Cham- COUnty Prison at Harrisburg. The
‘dt ____rtes received in a fal! fram{ Murtoff admitted having three persburg street. Center Square and 'T'P to Harrisburg was started with-
A automobile one-fourth mile south | drinks in Gettysburg that morning. | Baltimore street. to the National '™ 9" hour after an Adams county
( Gettysburg on Emmitsburg road | but denied that he was. “under thei cemetery. LeRoy H. Winebrenner Jury &t 2:32 o'clock Saturday after-
1 Sunday afternoon. Influence.” Dr. P. J McGlynn. Big-! wilt be grand marshal and aides N00n had brought in a verdict of
State police who investigated said | l¢rville physician, testified, at the thus far selected will be Charles @uilty in the first degree with life
int the child: was seated in the | afternoon session that he examined | and William Jacobs and David Taw- !™Prisonment. Monday morning the
‘ar seat Of @ car driven by his/ Murtoff In his office after the acci- | ney. The program at the cemetery Sheriff und Deputy Blaine B Walter

pital here where he remained un- | Day was adopted at 9 meeting of Prisoner was led from the court .

other, Mrs. Helen Pry, along with | dent. at the request of State Police- | \. scheduled for 3 o'clock. left Gettysburg at 7 o'clock for Har- .

brother, Lester Fry, 4. In the front |man George Evanko. He saul he, The program at the cemetery TiSburg to puck up the prisoner and
at of the car were his mother,/could not state, one way or the /calis for the strewing of flowers on “tive him to Eastern penitentiary.

rother adult and a 10-month-old| other. whether Murtofl was under “the graves by the school children, Meantime Staley’s partner in the
iid. . the influence, ana said he had no in accordance with the usual cus- Slaying of Humpert, Ray H. Sim-
Kenneth, according to police, was | symptoms of intoxication. tom, brief GAR and American Le- ™0ns, also of Mechanicsburg, re-
tempting to wind down the win- The 27 jurors drawn on the extra: gian memorial ceremonies, and the inained in the Dauphin county jail
win order to throw out a dixie| panel for the April term of court! introduction of the President by awaiting disposition of a motion for

ip when Nis hand slipped against | were excused by Judge Shrely Tues- | Governor James H. Duff. new trial brought by his attorneys
e door handle and the door open- | day afternoon. The possibility was also seen tint @/ter a jury earlier last week had
'. The child, unbalanced, fell to -_——_--— > i Nattonal Commander Paul Grimth | found him guilty of first-degree

e road. He was admitted .o the | of the American Legion, together Murder and recommended the death
ispttal Sunday afternoon at 5:15] | with the department commander of penalty ‘

‘tock, 15 minutes after the acci-| | Pennsylvania, might be among the! When court was resumed Saturday

nt occurred. , tugh-ranking officials, including sev- , afternoon to hear the verdict
; Neo Inquest - OF LEND-LEASE <= congressmen and cabinet of- reached by the jury in

Dr. C. G. Crist, Adams county 'feials, here for the ceremonies. \trial Judge W. C. Sheely

roner, investigated aid said death A committee will wait upon Gove, Sroup ef nearty 200 gathered in the”

is due to @ fractured skull. bruises} A bill introduced in the House of trnor Duff Monday in an effort tg | Court room that there wae to Bp OO
have the state build a temporary | Public demohstration no matter “'

the body and a sevete laceratior | Representatives on May 12 by Con-

s
a scalp No vied ~~ afar ov aaa aes alaed i stand in front of the regular rostrum ' What verdict was brought in. Some
he poungster-was » at Quen- basic re further shipments fo Russia (7 the cemetery, and to ask for 9 /Of the spectators had arrived at 7
Bet aie ses) P ‘ the detachment of the new National O'clock Saturday morning and
in additions to his parents he is er ee ee Perret 00 UNO: os wid ‘sich Pinder” ‘brought lunch with them.
two brothers, Lester } committee on foreign affairs mer § troop and the |
; ster ' The coart not only would permit

by | Valley Forge band
4, and James Arthur Mr. Gross, in speaking for the bill, ! ’ ge band. !
abt paternal grand-| declared that “If there is any sense, Mr. Meals read a telegram from | "0 demonstration but no one was

ay

nu , * '

‘he. __4 step-grandmother, Mr./ rhyme or reason in giving Greece 2°09 A. Hays, secretary to U. 3.' Permitted to enter or leave until
a

i,

Senator Francis Myers, Philadel. | Sfter court had adjourned, Judge
| Sheely declared.

T. : { ; ; come to Gettysburg Memoria! Day e me

ls, Oregon. ; these milions of dollars of sup-/j ’

Puneral services Thursday after- | plies, then I fail to see it.” baieoe tans further details of the | New Singmaster
2 0° ' ere | ten: r f am, ; .

on at 2 o'clock from the Berder nan extension of remarks before A local. Neicdaw it Wasnt. Was coe’ Book Featured |

home conaucted by tie Rev.) the House. sitting as a Committee

win J. Perry Past Rertin tnier- | of the Whole in cancidaratian of tha, Will read the Gettysburg Address.) «r Qnact tan Fnac Ancoe . bb acta oe ibid

*

4
ay

£

}
i
!
i

= 128th Year «

‘by Mrs. Annabelle Little, court re-
‘porter here since 1931.

’ shorthand notes taken by Mrs. Lit-

, P
“ 4 af)
{f PoPALLIAMH: =

‘) Vyec/ / t j / G uf yf TH

Jurors Hear Staley

Statement Denying
Murder Was Planned

The Commonwealth rested its
case against Robert L. Staley at
3 o’clock this afternoon. Convic-
tion of first degree murder with
the death penalty is asked.

Fifty-two pages of notes, giving
the details of discussions between |
Robert L. Staley, Mechanicsburg,

and District Attorney. J. Francis
Yake, Jr., and police officers on the
morning of April 1, were read to the
court. for 80 minutes this morning

The statement was a transcript of

tle while accompanying Staley, Mr.
Yake, Corporal L. D. Jenkins, Pvt.
James A. Walsh and Detective R.
©. Parsons on a trip April 1 from |
Harrisburg, through Mechanicsburg |
and Carlisle, to Adams county, about
Adams county, to the Humpert
home, to Gettysburg and back to
Carlisle.

The statement contained Stalcy’s
version of what happened when he
and Ray L. Simmons, also of Me-
chanicsburg, went to the home of!
Herbert L. Humpert. 170-year- -old |
bachelor farmer of Gardners R. D.,
the night of March 24, and his an-
swers to questions by the officers. |
As soon as that transcript was read
Mrs. Little read a statement cover-

ing the same details in briefer form |

which she said Staley dictated to
her.
Didn't Plan Murder

Staley is on trial in Adams county |
court for his Hfe in the slaying of
Humpert. His alleged partner, Ray
Simmons, was found guilty of first
degree murder with the death pen-
alty by a county jury earlier this
week.
. Acoording. to Staley’s statement, |’
he attempted to dissuade Simmons
froin’ attempting ‘a - robbery on: she
Humpert home and that there was

'« #6 plan made. between thetn to kill.

Hunipert.

Staley’s statements to police were
that he and Simmons, after finally
deciding to rob Humpert the night
of March 24, planned originally for
Simmons to keep Humpert at the
barn on the pretext of wanting a
Jack until Staley had a chance to

. secure money from the house.

“Hit Him With Handle”
While Simmons and Staley were
on the porch of the Humpert house,
according to Staley’s statement,
Simmons decided that it would be

'Humpert house and I went back.

o'clock, Staley pulled the car
tae into the driveway at the
Humpert home and the car stuck |

in the mud. Simmons got out and
pushed while Staley raced the motor
to get out of the mud. After they
had gotten free Staley said he again
attempted to dissuade Simmons be-
cause he feared they had been heard
by neighbors.

Plans Changed By Simmons
‘After a time at Simmons’ insist-
ence, they went down to. the house,
walking down the lane and climbing
over the gate. They then climbed
over the fence and went to the front
porch of the house. Knocking at the
door, they received no answer, SO:
they went to the back door.

Up to this time, Staley said, the |
plan had been for him to tell Hum- |
pert they needed a jack and for ,
Simmons to go to the barn with the
elderly farmer and keep him there ;
for a little while on one pretext or
another while Staley searched the |
house for money.

|

While they were knocking at the |!
door, Staley says Simnions decided |
the thing to do would be to “Knock |
out the old man” |

“IT called out to the old man that |
I had a flat tire and needed'a jack,” |
Staley’s statement revealed. Hump-
ert’ called out that all he had was |
a wagon jack and Staley said that |
would be all right. Shortly Humpeit |
came into the kitchen with a lantern |
anti sat down to put on his shoes. |
He then came to the door and Sim-
mons and Staley followed him down |
the steps toward the barn. There}
Simmons hit Humpert, according to}
+Staley’s statement, and Humpert
and Simmons started to fight “roll-
ing down the hill toward the barn.”

gn t.”

heard the hammer hit Humpert
three or four times and. it sounded
bad. I went to the house, and called
Sfmmons ‘John,’ saying ‘Johnny,
quit hitting him.’ I fell on the back
perch steps and then found that I
could not open the door because it
was locked. I went back down again
and they were still fighting. I took
hold of Simmons’ coat and tried to
‘pull him off Humpert and told him
tq quit. hitting the man and come
on. I told him I couldn’t get inte
‘the house and that we should go.
Then he gave me the key to the

While I was at the doar trying to
gct it unlocked Simmons came up.”

best to “knock out old man Huunp-]

AIDE IN STAI

,tation to all residents of the i

Humpert was yelling for help and,

Got Money And Ran

Wa than nacerihod hau thay fauna

DR. BRUNAUVE
DEPT., TO SPE:

-The International club of Gei
burg college today extended an i

to attend a talk to be given at }
chapel next Monday evening at
o’clock.

Club officials described the lec
by Dr. Esther Brunauer of the °
State department, as the outst

‘ing program to be presented by

organization this year.

Doctor Brunauer was tech
expert to the United States de:
tion at the San Francisco co:
ence and later technical advise
the UNESCO conference in Lo1
She served as an Official of the
vision of International Organiz:
affairs of the Department of <
and in February, 1946, was appo
‘United States representative o1
preparatory commission of UNE
and is a member of its exec
committee.

She acted as senior adviser t
: United States delegation at the
eral conference of the United
tions Educational Scientific and
tural Organization held last f¢
Paris.

Doctor Brunauer received he
from Mills college and her ¢
of philosophy degree from Sta
luniversity specializing in m«¢
European and American diplo:
history. From 1927 to 1944 she s
‘with the American Associatic
University Women as Interna!
Relations Secretary and ass
in international education. In
connection she made frequent |
to Europe and travelled and lec
| Pidely in the United States. Sh
‘chairman of the National De
‘commission set up in 1936 Db:
National Committee on the
and Cure of War. Later shi
chairman of the committee
organized the Women’s Action
mittee for Victory and Lasting .
She has also served as chairn
the Washington,.:D,.C.,. bran.
the commission to study the 0-
zation of peace.

Among her magazine artic!
“Power Politics and Democrac:
“United States in the Transit
a New World Order.” The to
her address here has not bee
nounced.

Memorial Day
Committee To

Meet Tonight

The Memorial Day commi!

ee toon B|

il

ecric-
et trews
#@ served to the
were received
ve J, D. Miller,
t, garageman;
ys, end Arthur
,of ‘the Big-
Wculty, who be-
ember.
Praised
ject, sponsored
KOmarized and
i. > A- generous
i$ for the pro-
AR unsolicited
husiness man

nittee for Feb-
hy r ‘and

em

» To :
e Jan. 21

untry club will
Saturday eve-
om 9:30, until
club. -

of York will
A turkey and
hneheon will be
til ‘1:30.

's for the eve-
nn  L. Bream,
&. Hemingway,
‘d, Kermit H.
it H. Derck.

d their guests
L. Bream by
is.

NG FINE

‘Jr.. Red Bank,

iS.before U.S.
B. Bulleit on

at 50 miles per

pderate avenue
ional perk-of-

COMMivuioe persecutions. Many are
dead. The present whereabouts of
others sre unknown to their rela-
tives who have come to this country.
The United States and Adams
county, the church organizations
and relief agencies which brought
them heie, and their sponsors in
their new homes were highly
praised by John Stupakawisky, a
‘former Ukrainian store owner, and
Appoln Trembo, former Ukrainian
school teacher. ,
Americans who sampled Ukrain-
fan cooking at the celebration said
it was “delicious.” The Ukrainians
brought to the YWCA their own
“banquet.” Each family prepared
native Ukratnjan food tor the feast.
For most of the Ukrainians, it
was their first Christmas in America.

10 CIVIL CASES
“ARE LISTED FOR
JANUARY GOURT

Prothonotary Arthur H. Shields
today listed ten civi’ cases for the
January term of court, scheduled to
start January 23.

The cases include: Andrews Paper
House of York, versus Thomas M.
Bross? Jr, New Oxford, trading as
Winter Gardens, an action in as-
eumpsit; Samuel and Alfred Shil-
litani, New York city, versus Penn
Ceramic Manufacturing company,
Aspers, a chattel mortgage proceed-
ing; H. Jacob and Sons, Inc., Han-
over, versug.‘William Re. Hanover:
Irving Pearlstein, Great Neck, N. Y.:
Sol Lance, Brooklyn, N. Y., and
Cannon Shoe company, Baltimore,
an equity ection over sale of the

and car owners will be asked to
make any contribution they see fit
through the medium of the cards.
Last year such a campaign raised
$5,000 for the Franklin county In-
fantile Paralysis fund organization,
and the Adams county organization
hopes the nandy method of con-
tributing provided by the cards will
prove acceptable to the county’s
motorists.

In addition 450 card containers
will be placed throughout, the coun-
ty. The containers, in the form of a
miniature iron lung, are being put
on counters of business places to
make it easy for all who wish to
contribute to do so. Abont 200 of
the containers, including 75 in Get-
tysburg, have already been placed.

Dance On January 30

The drive starts officially on Mon-
day, January 16, and closes Jane
uary 31.

As usu:l the campaign will be
olumaxéd by a dance to be held at
the Hotel Gettysburg, Monday eve-
ning, January 30. Tickets for the
dance and sponsor tickets will be
placed on sale in the near futurc.

Names of members of the com-
mittees throughout the county con-
ducting the annual drive will be
| announced within a few days, Mrs.
Codori said.

Coin cards were being mailed to-
day, following usual custom, to all
of che ru.al schools in the county,
to secure ten cent contributions by
the school youngsters.

‘25 ARRESTS BY

|

PARK WARDENS

| Twenty-five arrests were made by

Cannon Shoe company plant at i_c- | National park wardens for violations
Sherrystown; J aura E. and Gertrude | of regulations of the park during
M. Cease, Franklin to-vnship, versus! the past vear. Dr. J. Walter Cole-

ecution.

Simmons was convicted on a mur-
der charge in the robbery-slaying
of Herbert Humpert, 70-year-old re-

ed..farmer, on March 24, 1947.
Humpert was beaten ‘to death with
a hammer on his farm in Tyrone
township. Robert L. Staley, 26, was
sentenced, to life imprisonment in
connection with the slaying.

Dipofi was convivyeted in the shoot-
ing of Policeman Joseph Chlynski
in Bethel-township, Allegheny coun-
ty (Pittsburgh), on March 5, 1948.
The policeman was slain after Dipofi
and two other young men had been
arrested in connection with the rob-
bery of a vacant house.

Escaped From Jail

In March, 1948, Simmons and an-
other prisoner escaped from the
Dauphin ‘¢ounty jail at Harrisburg.
Both men were captured 24 hours |
later at Charlottesville, Va. ,

Simregns-was.gllowed to see mem-
bers of his family and a Catholic .
priest after his arrival at Rodckview
Peniténplaty Saturday. Thus it was
revealed that the condemned man
had joined thé Catholic church. He
had been converted to this faith by
Rey. Dr. John LE. Metz, of St. Pat-
rick's Cathedral, Harrisburg, several
weeks ago. Father Metz was formerly
assistant pastor cf St. Francis
Xavier's “Catholic church, Gettys-
burg. He was confirmed Friday
afternoon by Bishop George L.

.| Leech, of the Harrisburg diocese.

Simmons errived at Rockview at
10:42 .e’clock Savurday morning. He
Was accompanied by Warden Edgar
R. Etter of Dauphin county jail,
| Sheriff Dorsey J. Schultz of Adams
| county, a state trooper and a deputy.
On the trip, Simegons sat in the
| back seat, landcuffed to the trooper
|and the depnty. smoking an occa-
, lonal.cigarrette and ialking to the
| warden about the men he had met
| while in prison. He evinced no nerv-

the Commonwealth of Pennsylvania,
Departinent of highways, an appeal

damages to the Cease property
caused by relocation of the Lincoln
highway.

The other cases pertain to the re-
trial of six actions in trespass grow-

Springs in which a car struck a
perked truck. The cases include

sus Wilford C. Sober, Enole: Norman
L. Thumma, Franklintown, ve: us
Wilford C. Sober; Bruce E. and

Wilford C. Sober; Clyde Eichelberger
and Shirley D. Wise, Lewisberry,
versus Wilford C. Sober: Wilford C.

A. Sober, all of Enola, versus Lester
L, Wise; R. W. Sawyer, sr., Lemoyne,
versus Lester L. Wise. Lester L. Wise
was the driver of the car, Wilford C.
Sober operaior of the truck and
Sawyer owner of the truck.

Thomas Receives

What is believed to be the first
first-day cover of the new 3-cent
stamy ‘honoring the American
Bankers association received in
Gettysburg arrived Saturday mor.-
jing at the First Nationa’ bank ad-
| dressed to. its president, Edmund
|W. Thomas.

The cover was s°nt by the Na-
| tional City bank of New York irom
Saratoga Springs, N. Y., the city
where the ABA was established 75
aaa ago. The local bank is a co:-
responding bank of
| City, second largest bank in the
world.

Adaughter was born Thursday
Januray 5 at ‘he hospital to Mr. and
Mrs. Stephen Swartzbaugh, 327 Bal-

|’ timore street,

from the award of the viewers of |

ing out of an accident near York |

Lester L. Wise. Wellsville R. 1, ver- |
|Ruthetta R. Wise, Wellsville, versus |

Sober, Archie C. Sober and Nelson |

“ First Day Cover,

the National ;
, Raymond J.
| Schaier,

man, superintendent of the loca] /OUSness and = spoke quietly and
battlefield, announced Tuesday ,Calmly, He looked much the same as
|. The number was the same as the | he had during his :-tal, but he had
| humber recorded for 1948. Fines col- | !0St some weight and grown a mus-
tected from those who violated the | tache since his conviction.

iTemtlations totalled $381, just one | He waved goodbye to Etter and
| dollar more chan the $380 paid by | the trooper as they left Rockview.
iviolatars during the previous year. |Deputy Warden Clarence C. Rhodes
' Twelve of the arrests were for | Said his new prisoner was given the
Same food as other irmates but was
allotted extra cigarettes.

GEORGE STOVER

| Speedirg. four for killing wiid lite, |
‘four for being in possession of fire-
arms, one for reckless driving, one
! for da:nage to government property,
one for riding horseback off the
‘trail set aside for horseback riding.
one for driving on the rark with a
commercial vehicle, and one for
‘failure to obey traffic signs on ieee

Pa EXPIRES TODAY

. iidane | George S. Stover, 71, died at his
The report of the park wardens , 4
; shows a large amuunt cf game killed | home. West King street, Littlestown,
Curing the year by passing automo- |S morning at 1 o'clock following
biles. Found crushed on the ave- err sesiang4 of slightly over four years.
nues were 54 rabbits, 22 squicreis, | #& “as & son of the late Witter P.
) two opossums, two skunks, two ae Boe Pet a ie-tae ceeers
‘woodchucks and a raccvon, | ye r of Gt Paul's Latheren church,
‘Sylvania Lodge 613, IOOF, and

rville FHA Washington Camp 386, POG of A, all
of Littlestown. He was last em-

Wins Script Award : ployed by Weikert’s Bakery, Littles-

The Future Homemakers of. Am-' town.
lerica .chapter at Biglerville high! Surviving are his widow, the for-
‘school won a $15 award for being, "er Margaret Isabelle Pinc; one
one of the two regional winners in| diughter, Mrs. Kenneth Lawson,
,& FHA radio Script contest, it was! Hanover; four grandchildren; five
‘announced Monday. A script written | brothers and sisters, Mrs. Wiliam
| by students of Montgomery town- | D-xon, and W. Robert, Littlestown,
Ship high school, Arcadia, Indiana | Mrs. Stanley Stonesifer, Harrisburg;
county, was selected as the best|™Mrs. Presion Harner, Johnstown,
among entries submitted by FHA 'and Stanley B., Littlestown.
‘chap‘ers throughout the state, Funeral services Saturday at 2 p.

= m. from the Little. funeral home.
Littlestown, conducted by his pastor,
the Rev. David S. Kammercr. In-
terment in Mt. Cannel cemetery,
Littlestuwn. °

Bigle

SELL HOME

and Amelia M.
Freedcm township, have
sold their home near Marsh Creek
Heights to Edward A. and Dorothy
L.. Hung, Silver Spring, Md. Posses-
sion will be given January 31. The
sale was made through C, A. Heiges,

Mr. and Mrs. George F, Martin,
Arendtsville, announce the birth of
a daughter at the Warner hospital
Januray 6,

on |


20

IMON & < W .
MMONS, Ray H., white, e

t

ec. PA (Adams) January 9, 1950

strode in fro

less on the
clasped in fror
apprehension.

“Any sign of |
the porch.

“Nothing, not
tightly.

McKinney’s fz
the farm of Her
26, 1947, and in
the Pennsylvan
central building

For three da
Humpert place
bachelor-owner

-he had done t
Kinney’s help i

“Well, it’s no
down there anc
rapidly across +
narrow tar roa
south, then clar
property.

He shouted a
was a mocking
red farmhouse,
foreboding. Aln
pair of spectacl

GQ fete Mc}

Herbert Humpe
red farmhouse.
the yard at re

(District Attorney. Francis Yake, ‘Jr.,
shows the jury the spot in the barn
twhere ‘the victim's. body was found,

t

BY PHILIP BONETT

perenne

raj ®) aT “ Vn ie a) TVGYT very ary
FRONT PAGE DETECTIVE,

January, 1948

”

a a 4

\
NEE ameter ss

%

SCW AW

ania, Founded In 1800.

LONG a er
yy. [ate = ————

’

ABRAHAM LINCOLN SAID
“Our Republican Institutions
Can Best Be Sustainea
Through the Medium of the
Public Press”

» 1950

}

Ce are tl F 14,

to the

ived
Miller,
bman:
Arthur
Big-
10 be-

isored
and
nérous
b pro-
licited

4

prais-
1 Big-

‘reaching sanctuary in this country.

$s man ; Dative Ukrainian food for the feast.

110 CIVIL CASES
FARE LISTED FOR

UKRAINIANS OF
BOUNTY HOLD
~YMAS PARTY

One hundred and ten
Ukranians who have found new
homes in Adams county, brought
here from displaced person camps in
Europe, held their own Christmas
celebration Sunday afternoon at the,
YWCA. Thirty of their American |
sponsors and employers celebrated
with them.

On the Ukrainian calendar, |
Christmas ‘falls on January 8 in-!
stead of December 25. The celebra- |
tion was arranged entirely by the
Ukrainians themselves, without help ,
from their friends in Adams county.
Pathos was mixed with rejoicing. '
While the Ukrainians joined to-
gether in singing Christmas varo's
in their native tongue, they were
not unmindful of the hardships

through which they passed before |

former |

|
During a part of their program |
Sunday afternoon they stood with |
bewed heads in silent memory of
those who were less fortunate than:
they. |

There was not a family repre- |
sented at the celebration which had.
not lost at least one member through |
communist persecutions. Many are’
dead. The present whereabouts of |
others are unknown to their rela- |
tives who have come to this country.

The United States and Adams,
county, the church organizations |
and relief agencies which brought |
them here, and their sponsors in !
their mew homes were highly:
praised by John Stupakawisky, a!
former Ukrainian store owner, and,
Appoln Trembo, former Ukrainian |
school teacher.

Americans who sampled Ukrain-
fan cooking ‘at the celebration said
it was “delicious.”. The Ukrainians
brought to the YWCA their own
“bariquet.” Each family prepared

For most of the Ukrainians, it
was their first Christmas in America.

JANUARY COURT

'

Prothonotary Arthur H. Shields ;
today listed ten civil cases for the '
January term of court, scheduled to |
start January 23.
. The cases include: Andrews Paper |

litant, New York city, versus Penn
Ceramic Manufacturing company.

ing; H. Jacob and Sons, Inc., Han-
over, versus: William Re, Hanover;
Irving Pearlstein, Great Neck, N. Y.;
Sol Lance, Brooklyn, N. Y.. and
Cannon Shoe company, Baltimore,

An enuitv action over sale of the

Aspers Man Gets
Nine-Month Term

Walter Wetzel, 26, of Aspers, ca
sentenced to nine months in the
Maryland House of Correction Tues- |
day by Magistrate Malcolm Bur- |
man in Mt. Airy, Md., on stolen car |
charges and operating without a li- |
cense.

No. 2
; young convicted Slayers were exe-
Wetzel was convicted of taking a | cuted at Rockview State prison early
i aylorsville Vi ; LaS ¢ - : 2
cSt et pe oe Me ad M . bata ' Prison authorities said both men
ed after the automoviie Ngured | _Ray H. Simmons, 26, and Edward
ay morni ot | after the re- |
ee ees ae Serra tered the death. chamber. although
POPE + AAABISiTal “| they kept their eyes-closed and had
taking the car and three months ; aie
for driving while his privileges had | Zt marked Pennsylvania's second
See {Charles Frederick Moyer and Wil-
‘liam P. Bryon died in the electric
WILL HISE COIN | chair on October 6, 1947
' At Rockview Simmons bathed, had
‘a hair cut. He retired early Satur-
{day evening and slept well. He re-
; with Father John P. Hacala, prison
! Catholic chaplain.
| He ate three Sunday meals,
owners will receive coin cards | prison chaplain and read the Bible.
through the mail from the Infantile; He also talked with his guards and
Codori. chairman of the current! His parents left him at 2 o'clock
fund drive announced today. Sunday afternoon, He received com-
and car owners will be asked to ecution.
make any contribution they see fit} Simmons was convicted on a mur-
Last year such a campaign raised |of Herbert Humpert, 70-year-old re-
$5,000 for the Franklin county In-| tired farmer, on March 24, 1947.
and the Adams county organization
hopes the handy method of con-
prove acceptable to the county's
motorists.
will be placed throughout the coun-
ty. The containers, in the*furm of a
on counters of business places to
make it easy for all who wish to
the containers, including 75 in Get-
tysburg, have already been placed.
The drive starts officially on Mon-
day, January 16, and closes Jan-
As usual the campaign will be
climaxed by a dance to be held at
ning, January 30. Tickets for the
dance and sponsor tickets will be
Names of members of the com-
mittees throughout the county con-
announced within a few days, Mrs,
Codori said.

RAY SIMMONS
Belefonte, Pa. Jan. 9 — Two
car belonging to Frederick Frank- | today. m
in an accident near Thurmont Fri-  Dipofi, 24—were calm as they en-
sentenced him jo six months for to be helped into the electric chair.
peen suspended. ;double execution in two years.
his mustache shaved and was given
CARDS IN POLIC
teited the Rosary Sunday morning
Adams county's 9,991 private car | smoked cigarettes, prayed with the
Paralysis fund, Mrs. Joseph E.; With another condemned prisoner.
The cards will hold $2 in ecoins,|Munion a few hours before his ex-
through the medium of the cards.|der charge in the robbery-slaying
fantile Paralysis fund organization,
tributing provided by the cards will
In addition 450 card containers
miniature iron lung. are being put
contribute to do so. About 200 of
Dance On January 30
uary 31.
the Hotel Gettysburg, Monday eve-
placed on sale in the near future.
ducting the annual drive- will be
Coin cards were being mailed to-

House,of York, versus Thomas M | day, following usual custom, to all
Bross? Jr., New Oxford, trading as | Of the rural schools in the county,
Winter Gardens, an action in as- | to secure ten cent contributions by

sunypsit; Samuel and Alfred Shil- | the school youngsters.

crams tare “orm 9B ABRESTS BY

PARK WARDENS

| Twenty-five arrests were made by

, other

Humpert was beaten to death with
a hammer on his farm in Tyrone
township. Robert L. Staley, 26, was
sentenced to life imprisonment in
connection with the slaying.

Dipofi was convivcted in the shoot-
ing of Policeman Joseph Chlynski
in Bethel township, Allegheny coun-
ty (Pittsburgh), on March 5, 1948.
The policeman was slain after Dipofi
and two other young men had been
arrested in connection with the rob-
bery of a vacant house.

Escaped From Jail

In March, 1948, Simmons and an-
prisoner escaped from the
Dauphin county jail at Harrisburg.
Both men were captured 24 hours
later at Charlottesville, Va. ‘

Simmons was allowed to see mem-
bers of his family and a Catholic
priest after his arrival at Rockview
penitentiary Saturday. Thus it was
revealed that the condemned man
had joined the Catholic church. He
had been converted to this faith by
Rev. Dr. John E. Metz, of St. Pat-
rick’s Cathedral, Harrisburg, several
weeks ago. Father Metz was formerly
assistant pastor cf St. Francis
Xavier's Catholic church, Gettys-
burg. He was confirmed Friday
afternoon ‘by Bishop George L.
Leech, of the Harrisburg diocese.

Simmons arrived at Rockview at
10:42 o'clock Saturday morning. He
was accompanied by Warden Edgar
R. Etter of Dauphin county fail,
Sheriff Dorsey J. Schultz of Adams
county, a state trooper and a deputy,

On the trip, Simmgons sat in the
back seat, handcuffed to the trooper
and the deputy, smoking an occa-~-

mineral aleawentte and talline to tha

—

&
Vite”. 2°

INT eT ee
P<

&
»

t*


strode in from the north field. She was standing motion-

GS Fetode McKINNEY saw his wife waiting for him as he
less on the front porch of the farmhouse, her hands

clasped in front of her, her whole attitude. betokening:

apprehension.
’ “Any sign of him at all?” asked McKinney as he reached
the porch.
A) agin not even a sound,” responded Mrs. McKinney
tightly. :
McKinney’s face darkened. He turned and stared toward
the farm of Herbert Humpert. It was the evening of March

26, 1947, and in the misty gloom that was now enshrouding >
the Pennsylvania hills not a single light gleamed in the

central building or in the outlying barns.

- For three days silence and desertion had marked the
Humpert place. It wasn’t likely that the 70-year-old
bachelor-owner had gone away for an extended visit. If

-he had done this, he certainly would have asked Mc-

Kinney’s help in keeping the stock watered and fed.

“Well, it’s no use wondering if he’s sick—I’d better get
down there and take a look,” said McKinney. He walked
rapidly across the fields. In a few minutes he crossed the
narrow tar road leading to Gettysburg, Pa., a few miles
south, then clambered over a fence enclosing the Humpert
property. .

He shouted a “hallo” for the farmer, but his only reply
was a mocking echo. McKinney started to walk toward the
red farmhouse, then halted suddenly, his mind. filled with

_ foreboding. Almost at his feet lay a lantern and a smashed

pair of spectacles. In the vanishing light he detected what

Herbert Humpert lived alone in the 'Hondeuffed to an ilicar, the actual
red farmhouse. He was struck down in killer (right). goes into court where
the yard at rear of the residence.. his trial ended with a guilty verdict.

i 1
Mev"

‘4 “6

appeared to be a trail of blood leading toward a big barn.

With grim courage McKinney reached for a husking knife
he carried and strode heavily to the barn. Seconds later,
as his stomach turned with sudden nausea, he knew that
Humpert was beyond all succor. His tumbled shape lay just
inside the doorway, both arms outstretched. His head was
a bloody pulp. Someone in a frenzy of hate had pounded
him to death!

McKinney raced to the nearby village of Gardners and
notified Postmaster Grover Myers, who in turn telephoned
the authorities. Half an hour later state police from the
Gettysburg substation and Harrisburg headquarters were
converging at the scene. The first to arrive were Corporal
Lodwick Jenkins, Sergeant W. .K. Duhrkoff and State
Detective R. O. Parsons. Almost on their heels came
District Attorney J. Francis Yake, Jr., and Dr. C. G. Crist,
the county coroner.

McKinney told the officers that the last time Humpert had
been observed was the afternoon of Monday, March 24, when
his wife saw him alight from a car and enter the house.

“He called at my office to talk to me that very afternoon,”
was the surprising announcement of Prosecutor Yake. “My
secretary informed me he waited several hours. I was out
of the office working on a case. When he left he said he’d be
back Wednesday. What-he wanted, I haven’t the slightest
idea.”

While Dr. Crist bent over the body the state investigators
and Yake entered the home through an unlocked side door.
A cursory examination revealed no sign of: disorder, nor
were there any blood splotches. This indicated that Humpert


fter you and

na torrent of
was going to
| me charged
1, ‘You better
1ort of money
lace where I

ict attorney,
of the Lowry
cult to believe
1e perpetrator
her, the haul-
1e car to the
orn from un-
he body, the
marine’s hired
r was burying

“rs the feet?”

ad.
‘roze to death
he strange car
n he saw the
nning to roll
vasn’t until he
emembered he
He couldn't
p on, He had
ras to take him
y that morning
iemede to ditch

officials Ralph
nitted he had
2as Joe Butler
yned from the
of Feb. 2, but
ned for a taxi-
lled up Louie
. He stuck like
at Pearce had
im. When con-
ailor could not
b.

uth Burleson
gone with her
taxi. “I didn’t
alph had stolen
rit for a friend.”
the murder, she
nat Matty and
uble and Ralph

e’s key witness.
sion that Matty
yout the murder.
litted it himself.
Ralph. He and
ies rather than
e everything ‘to
panionship with
hey were afraid
robbed the res-
th her.
ile she answered
:t attorney could
From childhood
ver half-brother,
requiring her to
chair!
uu have loved,”
ted out, “isn’t a
He is no longer
He has done a
only has he
ut he is planning
trying to send
ctric chair.”
her hands. ‘‘Oh,”
er die than go
ty told the truth.

ea statement ac-

But Sloat had made another small
damning mistake. He had been careful to
leave all the tools behind in the hot car,
but he and Ruth had needed the flash-
light to find their way in the pre-dawn
darkness out of the copse on Iris Hill
near Runnemede on their way back to
the highway. And that flashlight was
found in the room Ralph shared with his
sweetheart!

Employes in the taxi garage remem-
bered Johnnie’s borrowing his father’s
flashlight, just before going out on the
fatal call. And Johnnie's own flashlight,
with a burned out battery, was still in the
garage to prove it.

Gradually, as the trial went on, the
true motivation of the crime was revealed;
and when the case finally went to the
jury it was clear enough what had
happened.

Sloat, who had depended on his
sister for years, was secretly jealous of
Pearce. If he could break up the affair
his sister would have no one to put a
check on her generosity. She had often
shared her small earnings as a waitress
with her shiftless brother.

Sloat decided to go to Runnemede and
being a confirmed taxi robber, chose that
way of raising the money for the trip. He
checked out of the rooming house, phoned
for a taxi and when Johnnie Lowry
answered the call, asked to be driven out
into the country. Lowry became sus-

picious when instructed by his passenger
to turn into a side road. Sloat was panicky,
fearing that Lowry was going to drive to
the police station. Sloat did not dare risk
another arrest while breaking his parole.
On the back road he ordered the young
taxi-driver to pull up. When the lad
stepped on the accelerator instead, the
snowy silence was shattered by a shot.
Three more followed and the youth
slumped forward over the wheel.

In his haste to bury Lowry in the
stream, Sloat forgot to rob him. But
apparently it had occurred to him that here
was something he could pin on Matty
Pearce. If the taxi had been toppled into
a snow-filled ravine and the body had
not been found: in the creek so soon
Pearce would have found it impossible to
give an alibi by the time the murder was
discovered in the spring.

After an hour and 25 minutes of
deliberation the jury returned a verdict
of guilty of murder in the first degree.

At 7:00 a. m., Mar. 31, 1930, Ralph
Russell Sloat, who had shot down an
innocent man: in cold blood and repaid a
devoted sister's generosity by trying to
frame the man she loved, paid for his
crime in the electric chair.

(To protect the identity of persons who were
cleared of all complicity in the murder case, the
names Matty Pearce, Ruth Burleson and Louie
Macklin, as used in the story, are not veal but

fictitions.—Ed.)

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<x

he crime. A few blocks from a New York City restaurant which he had held up for $20, Vincent
did not complete F. Manuzza, 20, lies dead in the street. Patrolmen John Esposito and Lawrence
ty Pearce’s alibi Kraemer heard two shots as Manuzza wounded a patron, Adam Zayko, 50,
ip alone. and gave chase. They brought down their man with two bullets.

Defense Bonds Will Help Do The Job 63

Training for Leadership.”

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—

a enn a

Murder on West Mountain

But it looks like Matty cleaned out the
place, took the gun and scrammed.”

“Got any idea where Matty and the girl
might be now?”

Rafter took the sheaf of reports, studied
pencil notations and additions. “I don’t
think they’ll go very far. Camden and
Philly is their territory and they haven’t
got much dough. Your ‘friend’ Ralph
Russell Sloat has a sweetheart, girl from
Oliphant, near Scranton, who works as
cashier in some restaurant in Phila-
delphia. Her name is Ruth Burleson.”

Donaldson had been jotting down
names and brief notes on the back of an
envelope. Now he thrust the envelope
into his pocket. “Sloat won’t get very far
away from his sister. She’s always looked
out for him. She’s a few years older and
has always tried to keep him straight.
Ralph's a louse but the sister’s okay. She
left her husband, Louie Macklin, and got
herself a job near Runnemede, New
Jersey, a while back. I heard that Ralph
broke his parole by going to Runnemede
so he could be with his sister. She had a
job which probably explains some of his
devotion. She knows well enough he’s a
crook but she wouldn’t let him go hungry.
Well, see you later.” With a wave of his
hand Donaldson hurried from the office.

[Continued from page 43]

After a conference with Capt. Reilly,
Donaldson telephoned the chief of police
at Camden and the head of the detective
bureau in Philadelphia, requesting them
to broadcast a pick-up order for Ralph
Russell Sloat, his sister, her boy friend
Matty Pearce and Ralph’s current flame,
Ruth Burleson.

Scranton detectives were detailed by
Capt. Reilly to work with the Camden
and Philadelphia force and Donaldson re-
mained in Scranton to head one of the
greatest manhunts in the history of the
Lackawanna Valley. But Donaldson was
not hunting a murderer at this point—he
was hunting a murderer’s victim,

Thousands of men and women volun-
teered their services as searchers and the
local Boy Scout troops went into action
scouring the countryside in the locality
of West Mountain. But when night fell,
and the mountain was cloaked in dark-
ness the’ posse was obliged to give up.

But though darkness postponed the
search on West Mountain the manhunt in
Camden and Philadelphia continued with-
out let-up.

Private Detective Rafter’s check-up on
“Joe Butler” had failed to uncover anyone
of his description at the address he had
given on West street. Still Donaldson

BEAUTY FATALLY SHOT

Irene Wilder, 26, known in Hollywood as “The Baroness,” died in General Hospital
there from bullet wounds inflicted by her sweetheart. The man, held, said the revolver

60

went off accidentally.

had a hunch that “Butler” must have
been familiar with that address when
he had to think of one on the spur
of the moment. Maybe he had known a
lodger there.

So one of the first places Detective Jack
Phillips of Scranton visited with the Cam-
den men was the rooming house on West
street.

By: adroit questioning the officers
learned that a girl who went by the name

. of Mary Ford had lived there for a while.

And she had a boy friend whom she had
addressed as “Matty.”’ She had worked
for a restaurant on Kaign avenue.

_ This sounded promising. The detec-
tives sped to Kaign avenue and canvassed
the restaurants. They found where Mary
Ford had been smalened. Her descrip-
tion tallied with that of Sloat’s sister. She
had left two weeks previously.

“You have no idea where I could find
her?” Phillips prodded.

The proprietor looked up her reference
card. “She used to work near Runne-
mede, New Jersey, at a place on Mt.
Ephriam road. She may have gone back
there.”

Then, Detective Phillips knew, “Mary
Ford” was the girl they sought. The in-
vestigators sped to the lunch room at
once. Through the window they saw the
girl talking to the proprietor. Matty
Pearce was sitting at a table. The off-
cers entered. Quietly, before anyone knew
what was happening, the pair was taken
into custody.

Officers on the trail of Ralph Russell
Sloat did not have such easy sailing. But
the whole force of the Quaker City was
put to work on the job,, Every restaurant
in Philadelphia was canvassed by the pa-
trolman on that beat, while detectives
waited patiently at headquarters for a
report.

At last the break came. Ruth Burleson
was located at a fashionable restaurant.
Cautious inquiries brought the informa-
tion that at closing time Ruth was usually
met by a young man. Police staked out

the restaurant, carefully remaining out of |

sight. At 3:30 a. m. when the place closed
and the girl came out to meet her lover,
Ralph Sloat, the officers closed in. The
pair offered no resistance.

The two couples were loaded into po-
lice cars and driven to Scranton, arriv-
ing shortly after dawn. The sister hys-

terically denied that she knew anything
about a missing taxicab or its driver..

And Ruth backed her up, calmly giving
Ralph an alibi. Ralph, she said, was in

the restaurant where she worked most of
the fatal evening—and after the restaurant

closed they went straight to the room they
shared,

The foursome was talkative enough,
but on the subject of murder they were
suspiciously quiet.

The next morning the giant posse re-
sumed its laborious search over snowy
West Mountain.

It was nearly noon when a plainclothes-

man telephoned Detective Donaldson

that the end of the trail had been reached.
The body had been discovered.

Picking up the coroner’s physician,

Donaldson drove in a police racer toward
West Mountain. He took a short cut, a
tortuous road leading almost sheer up the
face of the mountain. At a spot on Rock-
well creek, three miles from Keyser ave-

nue, North Scranton, he stopped. With
him and the physician was another man,
heavily guarded: Ralph Russell Sloat.

Leaving his‘p
cers, Donaldso:
crowd on the b:
group were m:
youth. For day
foul play, of mu
no longer mere
facts.

They did not
from the body
from the hidde
neath them, in
stream, was all
Lowry.

In a calm, mz
son questioned
the body.

“The way I
scrambled all o
tain and the lad
had been pitc
wouldn't see it
body had bee:
streams before i
zard we might 1
the creek and .
of his head tov
dark water bur!
der half-melted

“How'd you
tective asked.

“Saw the boc
under the rocks

Donaldson n
of assistants f:
carefully lifted
sheepskin-lined
over the shoul
wise the lad’s b:
low temperatu:
cellent state of

“Johnnie Li
from the assen
youth when |!
sounded like a
inous note, too

“Why do yo
cover the feet?

“He must’ve
stiff himself, yz
frozen ground
another answer
the feet he was

Donaldson n
search of the vi
license clinchec
roll of bills an
silver, plus a


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62

wanted to ditch the body, he’d have
dumped it along the route somewhere in
the Poconés. But you are familiar with
every foot of West Mountain. I know.”

The four suspects were taken to the
office of Scranton’s district attorney, Har-
old Scragge. Leaving them in an ante-
room under guard, Donaldson conferred
with the prosecutor, swiftly outlining the
developments of the case during the past
hours.

“Good work,” the other said. at last.
“But there's one thing I'd like to know.
What was it that made you put your fin-
ger on Ralph Russell Sloat out of all the
other known taxi robbers?”

Donaldson smiled. “It’s an old story.
Sloat was the first crook I ever swapped
lead with in a gunfight. That was almost
ten years back. I was new on the force
sand Sloat was just a kid gunman. I came
on him and another young hood stealing
a car. I had grabbed the other guy and
was snapping on the bracelets when Sloat
pulled a gun and started running. I shot
at him and he fired back, and with the
other fellow on my hands I couldn’t chase
him. But the pal gave us Sloat’s name
and we set out a dragnet for him.

“The next day an old man came up to
me on the street. Said he had seen the
fight and could tell me where I would find
Ralph.. I questioned the man and he said
he was a relative of Sloat’s, had known
him all his life. ‘I live on West Moun-
tain back of Keyser Valley,’ he told me.
Ralph grew up there on West Mountain.
His career as a crook started when he
moved into Scranton,

wT RE old fellow had come to me hop-
ing if Ralph were sent up for a
stretch it might keep him away from bad
companions and give him a jolt which
would make him go straight. We picked
Sloat up where we were told to look for
him, But he stayed a crook. Knowing that
Sloat had spent his childhood on West
Mountain and that his sister had moved
to Runnemede, joined the two places to-
gether neatly when they figured in the
taxi robbery.”

“Then you have no doubts about Sloat
being our man?”

“None whatever. Someone may have
been with him but the man who hid young
Lowry’s body on West Mountain and
ditched the taxi near Runnemede is Ralph
Russell Sloat. Want me to bring him in
now?”

The prosecutor considered for a
moment. “Let's talk to his sister’s friend,
Pearce, first. We'll save Ralph for
awhile.”

Matty Pearce was shown in and
directed to a chair. The district attorney
busied himself at his desk for a moment
and the silence in the room mounted.
Suddenly he looked the young man in the
eye and said evenly, “All right, Pearce.
Why did you kill Lowry? If you were
afraid of him, afraid he was working with
Louie Macklin to kidnap you, why didn’t
you just tap him with the barrel of your
gun and get out of the cab?”

Pearce’s panic-stricken eyes swivelled
wildly from the D. A. to Donaldson.
“What's this? A frame? I got an alibi for
the time that driver was killed!” .

The district attorney said coldly. “How
do you know when he was killed?”

For several long minutes Pearce re-
mained silent, hands clenching and un-
clenching, Gradually his mouth tightened.
“Ralph Sloat told me on Monday morning
in the restaurant where his sister works.
He said, ‘I had to steal a cab and bump off
the driver to get here because I had no
money and I had to warn my sister that

Remember Pearl Harbor

Louie Macklin is coming after you and
Matty.’”

Pearce’s story rushed out in a torrent of
words. “Ralph said Louie was going to
have his sister arrested and me charged
with white slavery. He said, ‘You better
clear out quick.’ We were short of money
so I decided to rob the place where I
work,”

Prodded by the district attorney,
Pearce gave a vivid story of the Lowry
killing, so vivid it was difficult to believe
it was not a statement of the perpetrator
himself. The freezing weather, the haul-
ing of the corpse from the car to the
creek, the numb hands torn from un-
earthing rocks to cover the body, the
moment of panic when the marine’s hired
car drove up while the killer was burying
his victim...

“Why didn't you cover the feet?”
Scragg asked evenly.

But Pearce shook his head.

“Ralph said he almost froze to death
while he was waiting for the strange car
to get out of sight. Then he saw the
Willys Knight was beginning to roll
down the mountain. It wasn’t until he
had control of it -that he remembered he
hadn't robbed the corpse. He couldn't
unbury it. He had to keep on. He had
just enough money to get gas to take him
to Philly. Around five-thirty that morning
he and Ruth drove to Runnemede to ditch
the car.”

When questioned by the officials Ralph
Russell Sloat readily admitted he had
lived in the rooming house as Joe Butler
and that he had telephoned from the
tailor’s shop on the night of Feb. 2, but
he denied he had telephoned for a taxi-
cab. He said he had called up Louie
Macklin but he was not in. He stuck like
glue to his statement that Pearce had
confessed the murder to him. When con-
fronted with Sloat, the tailor could not
swear he had called a cab.

Under questioning, Ruth Burleson
finally admitted she had gone with her
sweetheart to ditch the taxi. “I didn’t
know at the time that Ralph had stolen
it. I thought he was hiding it for a friend.”
She knew nothing about the murder, she
said. She understood that Matty and
Ralph’s sister were in trouble and Ralph
was helping them out.

The sister was the state’s key witness.
She gave it as her impression that Matty
Pearce knew something about the murder.
He could not have committed it himself.
But he was not shielding Ralph. He and
Ralph Sloat were enemies rather than
friends. Ralph had done everything ‘to
break up his sister’s companionship with
Matty. It was because they were afraid
of Ralph that Matty had robbed the res-
taurant and run away with her.

She sobbed bitterly while she answered
the questions. The district attorney could
understand her grief. From childhood
she had taken care of her half-brother,
Ralph. Now the law was requiring her to
send him to the electric chair!

“But the brother you have loved,”
Prosecutor Scragg pointed out, “isn’t a
victim of circumstances. He is no longer
just a wild kid in a jam. He has done a

-monstrous thing. Not only has he

committed one murder but he is planning
another right now by trying to send
Matty Pearce to the electric chair.”

She buried her face in her hands. “Oh,”
she moaned, “I’d rather die than go
through this. But—Matty told the truth.
My brother did it.”

Brokenly the girl made a statement ac-
cusing her brother of the crime.

But these statements did not complete
the investigation. Matty Pearce’s alibi
might not have stood up alone.

But Sloat had
damning mistake.
leave all the tools
but he and Ruth
light to find thei:
darkness out of
near Runnemede
the highway. Ai
found in the roon
sweetheart!

Employes in tl
bered Johnnie's
flashlight, just be
fatal call. And Jc
with a burned out
garage to prove it

Gradually, as 1
true motivation of
and when the ca
jury it was cle:
happened.

Sloat, who h:
sister for years, \
Pearce. If he coi
his sister would
check on her gen
shared her small
with her shiftless

Sloat decided to
being a confirmed
way of raising the
checked out of the
for a taxi and
answered the call,
into the country.

al

A few blocks from
F. Manuzza, 20, 1:
Kraemer heard t

and gave

tler” must have
t address when
ne on the spur
he had known a

2s Detective Jack
ed with the Cam-
g house on West

ig the officers
vent by the name
‘here for a while.
d whom she had
She had worked
n avenue.

ng. The detec-
1e and canvassed
und where Mary
d. Her descrip-
loat’s sister. She
ously,

ere I could find

up her reference
rk near Runne-
a place on Mt.
have gone back

ps knew, “Mary
sought. The in-
lunch room at
dw they saw the
prietor, Matty
table. The offi-
ore anyone knew
: pair was taken

f Ralph Russell
‘asy sailing. But
uaker City was
very restaurant
assed by the pa-
while detectives
iquarters for a

Ruth Burleson
able restaurant.
ht the informa-
‘uth was usually
olice staked out

emaining out of |

the place closed
meet her lover,
closed in. The

loaded into po-
Scranton, arriv-
The sister hys-
knew anything

or its driver..

, calmly giving
he said, was in
worked most of
‘r the restaurant
o the room they

kative enough,
rder they were

giant posse re-
ch over snowy

1a plainclothes-
ive Donaldson
d been reached.
vered,

er’s physician,
ce racer toward
: a short cut, a
»st sheer up the
. spot on Rock-
m Keyser ave-
stopped. With
s another man,
ussell Sloat.

Leaving his‘prisoner with the local offi-
cers, Donaldson approached the silent
crowd on the bank of the stream. In the

group were many friends of the dead:

youth. For days there had been talk of
foul play, of murder. But now these were
no longer mere words. They were ghastly
facts.

They did not need to remove the rocks
from the body nor the sheepskin coat
from the hidden face to know that be-
neath them, in the icy waters of the
stream, was all that remained of Johnnie
Lowry.

In a calm, matter-of-fact tone Donald-
son questioned the man who had found

. the body.

“The way I figured was that we'd
scrambled all over the face of the moun-
tain and the lad’s body wasn’t there. If it
had been pitched down a gully we
wouldn’t see it until spring. But if the
body had been hidden in one of the
streams before it froze over after the bliz-
zard we might find it. So I started along
the creek and . . .” He finished with a nod
of his head toward the spot, where the
dark water burbled over a rocky bed un-
der. half-melted ice.

“How'd you come to spot it?” the de-
tective asked.

“Saw the boots. Whoever buried him
under the rocks left the boots uncovered.”

Donaldson nodded. He picked a group
of assistants from the crowd and they
carefully lifted off the heavy stones. A
sheepskin-lined jacket had been pulled
over the shoulders and head, but other-
wise the lad’s body was fully clothed. The
low temperature had kept it in an ex-
cellent state of preservation.

“Johnnie Lowry!” The ejaculation
from the assembled friends of the slain
youth when his face was uncovered
sounded like a dirge but it held an om-
inous note, too.

“Why do you suppose the killer didn’t
cover the feet?” one man asked.

“He must’ve been pretty near frozen
stiff himself, yanking out rocks from the
frozen ground and carrying them over,”
another answered. “Guess when he got to
the feet he was too cold to finish the job.”

Donaldson made a rapid but efficient
search of the victim’s pockets. A driver’s
license clinched the identification. But a
roll of bills amounting to $14 and some

.silver, plus an expensive wristwatch,

added mystery to the crime. If a taxi
robber killed him, why no robbery?

Detective Donaldson strode over to the .

group of police who were guarding Sloat.
Taking the suspect by the arm he marched
him to the creek bank. Sloat gave one
look at the dead youth and then struggled

‘to get away, his eyes glassy. His face was

ashen but Detective Donaldson gave it
but a brief glance. Some manhunters
make it a practice to watch a suspect’s
hands when questioning him; some watch

The long memory of an astute man-
hunter led to the capture of this ruthless
taxi bandit who nearly succeeded in pin-
ning his crime’ on an innocent man.

his shuffling feet. Donaldson concen-

trates on the “Adam’s apple,” seat of the .

thyroid gland—for extreme nervousness
sends the thyroid on a rampage which the
most hardened criminals cannot control.
As Donaldson watched, Sloat’s Adam’s
apple seemed completely to disappear.
“Come on, Ralph—why did you -kill
him?” Donaldson said ‘erimly.
ae gm never .. .” Sloat fumbled.
“You weren't surprised to find the boy’s

body here,” Donaldson hammered. “If
you didn’t kill him, who did?”

Sloat glanced panic-stricken at the stern
faces of the local men who ringed him.
He turned to Donaldson appealingly. “I
didn't kill him! I swear I didn’t! It was
Matty—Matty Pearce! I’ll tell you all I
know about it.” :

While police and news photographers’
flash bulbs flared Donaldson turned Sloat
over to an officer who snapped on hand-
cuffs and shoved him into a squad car. It
rolled off.

Donaldson returned to thé body which
was being examined by the coroner's phy-
sician. The doctor had turned the dead
lad on his face and’ was inspecting the
back of the head. He rose, facing the
detective.

“Four bullet wounds in the base of the
skull,” he said. “Any one of them could
have been instantly fatal.”

“Did they bleed much?” asked Don-
aldson, remembering the almost spotless
car,

“I can’t tell until the autopsy but I don’t
think the bullets would've cut any of the
large arteries. There are no exit wounds.
That means the bullets are in the head.
And don't forget it was below zero up
here that Saturday night. The blood
would have frozen immediately.”

Back in headquarters, Donaldson and
Capt. Reilly questioned Sloat at length.

“How do you know Pearce murdered
Lowry?”

“He told me and my sister. He said he
was scared of that taxi-driver. It was like
this. That Saturday night Matty was
standing on the curb somewhere near the
bus station when he saw Louie Macklin
across the street. Louie had another man
with him. Matty thought he was laying
for him on account of my sister ditching
Louie for him. So when a car comes
along, and the driver says, ‘Want a cab?’
Matty jumps in. He tells the driver where
to go. The driver don’t.go that way. So
Matty gets scared. He thinks the cabbie
is maybe a stoolie for Louie and he’s being
kidnaped. So he lets the driver have it
on the back of the head. And as the
driver slumps forward, Matty leans over
him_and puts on the emergency brake
... He takes him up there to bury him—”

“That’s enough lies,” Donaldson said
coldly. “Matty Pearce would never have
thought of West Mountain. If he’d

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61


pathologist’s examination. “That’s noth-
ing but turkey blood. Your pathologist
has made a mistake.”

The rest of that day was spent in re-
constructing the Wiant murder and in dt-
tempting to trace the movements of the
suspect on November 16th, the day of
the crime. The farm-hand admitted that
he had been in town on that day, and his
account of his movements up to three
o’clock in the afternoon was verified.
From three to six that evening, he claimed
that he was in the west part of the city,
buying parts for his old car. But whens
we contacted the auto agencies, at which
he allegedly stopped, we were informed
by ‘the clerks that, to the best of their
knowledge, Lang had not been there on
that day.

Late in the afternoon, we took the sus-
pect to the City Health Department to
obtain a sample of his blood. Dr. Hellwig
had explained that there were only four
types of blood in human beings, and that
only about ten percent had type No. 1.

Ts next morning found me at St.
Francis Hospital, perusing the. report
Dr. Hellwig had made concerning the
blood found on the shirt of George Wiant.
It was type No. 1—the same as that on
Lang’s shirt and hatchet. By now we
knew that we had the actual killer of
George Wiant in custody.

The results of Lang’s blood test would
not be available before sometime the fol-
lowing morning, so I returned: to Head-
quarters and again attempted to persuade

the stoical farm-hand to talk.

“This procedure is all a lot of bluff,”
he said when I told him about the blood
typing process. “If there is blood on my
shirt and hatchet, it’s turkey blood and
nothing else. I didn’t kill that old man,
and I don’t know who did!”

“But that blood, Albert, is human
blood,” I insisted. “The doctors have
tested it. They’ll be able to prove it in
court.”

“They'll never appear in court and’ say
that,” he countered. “You guys are
bluffing. I’ll not believe it until they get
on the witness stand and swear to it.”
And that was his attitude during many
days to follow. He had denied the mur-
der from the beginning, and it looked as
though he would deny it to the end.

The next morning, I telephoned Dr.
Hellwig at St. Francis Hospital.

“Lang has type No.4 blood,” he in-
formed me. “About 40 percent of all
people have that type. It’s ‘the most
common,”

Following that telephone call, I went
to the prosecutor’s office in the county
courthouse. A murder warrant was im-
mediately issued for Albert Lang, and his
trial was set for the next term of court,
the following April. It was now the 24th
of December. Just a little over a month
had been spent in the investigation—a
month of tireless days and_ long weary
hours at night. But the time had been
well spent. Science had snared a brutal
killer, :

On April 12th, 1937, Lang, still denying

his guilt, faced a jury of twelve men. His
case was the first ever to be tried in
Kansas, wherein only: scientific, circum-
stantial evidence constituted the proof of
guilt. The State of Kansas asked for the
death penalty, and, for six days, prose-
cutors and defense counsel battled over
legal points and argued the accuracy of
blood tests.

At the end of that week, the jurors
were locked in their chamber to deliberate
the evidence and to decide the fate of the
stoical farm-hand. Three days later they
informed. Judge I. N. Williams that they
were hopelessly deadlocked. The jury was
then dismissed and Albert Lang was again
remanded to the county jail to await sec-
ond trial.

On December 7th, 1937, almost a year
after his arrest, the emotionless defendant
faced a second jury. ‘

This time the death penalty was not
asked, and, at eleven o’clock on the night
of December 10th, Albert Lang again saw
twelve grim-faced men file from the court-
room to decide his fate. Twenty-six hours
later, that jury returned, and we listened
breathlessly as the clerk read ‘the verdict.

“We, the jury, find Albert Lang guilty
of murder in the first degree. .The penalty
shall be life imprisonment.”

A few days before Christmas, Lang was
led inside those somber, gray walls of the
State Penitentiary at Lansing, Kansas, to
spend the remainder of his natural life.
He still denies his guilt, and probably no
one will ever know what was taken from
George Wiant besides his life.

Pennsylvania’s Stalking Slayer and the Voice from the Grave

about the seriousness of the girl’s condi-
tion, ;

“She is still alive,” he said, “but it’s im-
possible to say how long she’ll live. She
may never regain consciousness. My
frank opinion is that she never will.”

He and Dr. Zerner, he said, had found
evidence that Clara had suffered five
blows on the head. Two, across the fore-
head, were not particularly serious, but
the others had necessitated an operation,
surgically termed a trephination, to re-
lieve pressure from a double fracture of
the skull above the left ear and eye.

“We found no evidence whatsoever of
attempted or perpetrated sex assault,” he
concluded.

The officers greeted this report with
mingled emotions. If assault was not the
motive, they demanded, what was?

Although “no house was visible from
the thicket in which the girl was found,
officers had hurriedly questioned residents
for miles around. None recalled secing
the girl in the neighborhood, nor remem-
bered a big car occupied by a man and
girl. Yet Clara had undoubtedly lain in
the thicket since about noon the day she
vanished, for surgeons believed she suf-
tered her injuries about that time.

Later in the evening, as I was leaving
the Union Trust Building, a grim, broad-
shouldered man accosted me. Introduc-
ing himself as Pat: Hays, a steel mill fore-
man, he said, tersely, “I want to see you.
I've got something to tell you.” I led the
way back to my office.

“We weren’t going to say anything
about this,” Hays began, facing me across
my desk, “for we didn’t want publicity.
But now we've decided that maybe my
daughter’s experience has some bearing
on What happened to the Lennox. girl.”

At about nine a. M., the day before,
Hays related, his daughter Ellen. a sum-’
mer student at New Castle High School,

SEPTEMBER, 1939

(Continued from page 15)

had left home for her classes,

“Between Reynolds and Phillips Streets,
a man stopped his car and asked her if
she wanted a ride. Now, Ellen has been
taught to be wary of strangers and she
refused. But the man said, ‘My name’s
Stevens. I know your father, Pat Hays.
It’s all right So, she concluded he was
a friend of mine and got into the car.

“She asked to get out at the High
School, but instead he drove rapidly past
it and out the Wilmington Road for sev-
eral miles. She doesn’t know exactly
where they stopped, but, thinks she. ean
retrace the route. Out there, he stopped
the car in a lane leading into the thicket.

“Hien was almost speechless from
fright,” Hays went on, as I listened in-
tently, “and when he stepped from the
ear and around to her side. she jumped
from her seat and ran, screaming, through
the briars.

“The man ran after her, grabbed her
arm and said, ‘Shut up, you little fool, or
Til kill you’ He dragged her to the car,
shoved her into her seat, and they drove
back to New Castle. Near the High School
he pushed her out and drove away.-Ellen
came home and told us about it.

“Tm positive that I don’t know any
one named Stevens.” Hays concluded.

The locality in which Ellen was accosted
is on the south side of New Castle. far
across town from Moody Avenue, yet the
circumstances indicated a possible connec-
tion. The High School, where Ellen last
saw the man, is only a few blocks from
the Lennox home, and Clara disappeared
that very same morning.

I located Young. and we accompanied
Hays to his residence,

Ellen, a slim, beautiful eirl of sixteen,
suill exceedingly nervous from her terri-
fying experience, repeated the story as
her father had told it. She believed she
could identify the man, and described him

as being sharp-eyed, of medium size, wear-

. Ing a blue shirt, brown trousers and a felt

hat. “He was all smiles,” she said, “un-
til we reached the woods,”

“Do you recall the make of car or the
license number?” I asked.

“T’m afraid I don’t, Mr, Muse,” Ellen
faltered. “I was so frightened that I
thought of nothing but escaping. The
car was a roadster and had gome sort of
bird or bird’s name on the dashboard, or
floor or some place.”

| Dees the next morning, Young and I,
with Ellen and her father, started from
the spot where she had been’ accosted. At
her direction, we sped across the city and
out the Wilmington Road, swinging left
at the forks. Presently, we turned into
the Pulaski Road and came within sight
of KXing’s Chapel.

“T remember that church.” Ellén said.
“He turned left there.”

A half mile farther on, she exclaimed
excitedly, “There! That lane is where
he stopped.” Young gazed solemnly at
her, then turned to me, pointing to a
hriar patch close by, on my right.

“There’s where Clara Belle Lennox was
found,” he said. Ellen hid her face in her
hands at the reminder of the possible
fate she had escaped. .

It was my first view of the scene, an
isolated, desolate spot with no sign of
human habitation in any direction, A
weed-grown, wood lot Iay up the slope
across the Bridge Road. It struck me
that Stevens must be some one familiar
with that section of the country,

On the return trip, I questioned Ellen,
trying to arouse her recollections of the
man, the car, and, most of all, the license
number,

She eventually expressed the hesitant
opinion the first three digits of the license
were 274, and the last three included a 5.

83

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een

“T hate to say definitely, for I don’t
want to cause an innocent person trouble,”
she murmured as she arrived home, “but
I believe the number was 274-509.”

Driving away, Young remarked, “I woh-
der whether that bird she mentioned
might be a crow. The car could have
been a Crow-Elkhart.”

Automobiles were not so numerous,
then, and the only Crow-Elkhart roadster
I recalled was owned by Sam Clark, a
prominent New Castle attorney, and far
above suspicion. I mentioned this to
Young.

“But Sam doesn’t have it any longer,”
the latter said. “He traded it about three
months ago to the New Castle Motor
Company.” After a moment’s silence, he
added, “I think I’ll visit their garage.”

In an effort to identify the: license num-
ber mentioned by Ellen, I called the State
Highway Department in Harrisburg. They
promptly reported that license 274-509 be-
longed to a sedan in Allentown, in eastern
Pennsylvania. Ellen, it appeared, was
mistaken.

A SHORT time later, Young hurried
into the office with some interesting
information.

The Crow-Elkhart roadster had been
purchased from the New Castle Motor
Company by Thomas Verne Ryhal, 808
Croton Avenue, New Castle.

Here was a logical suspect. Ryhal,
forty, swarthy and husky, operated a sec-
ond-hand store and locksmith business
on Croton Avenue. He and his wife,
Margaret, had adopted fourteen-year-old
Frances Conley, upon the death of the
child’s mother. A year later, on January
24th, 1920, Frances was found dead in bed
by .the police, who had been summoned
by Ryhal. Doors and windows were
locked from the inside, and it appeared
to be a clear case of suicide by gas as-
phyxiation.

Then, Young and other officers found
evidence indicating that the child had
been assaulted and murdered, and they
held Ryhal for investigation. He pro-
duced letters, allegedly from the child,
in which she had threatened suicide, and
he was freed by a Coroner’s jury. De-
spite the letters and the verdict, Young
still thought it was murder, but lacked
proof,

Ryhal and his wife parted shortly after
this, and in January, 1921, Policewoman
Rae Muirhead arrested him on an adul-
tery. charge that involved a sixteen-year-
old girl who was acting as his housekeep-
er. He escaped prosecution when the
girl denied the actusations at the prelim-
inary hearing.

Yes, he was certainly a likely suspect,
I thought, and I instructed Young to
bring him in for questioning.

“We can’t find him,” the detective re-
ported shortly. “Elder and I went to his
store on Croton Avenue and found it
closed. He'and his wife have been re-
conciled, the neighbors said, and they left
New Castle about a month ago. No one
knows where they went.”

Clara Belle was still holding grimly to
life, although surgeons offered scant hope
for her recovery.

Policewoman Muirhead was spending
twenty-four hours daily at the girl’s bed-
side, waiting and praying that the girl
would regain cqnsciousness long enough to
describe her assailant.

I called the Highway Department again,
this time for a list of Lawrence County

automobile licenses beginning with 274.'

It was Saturday afternoon, and the De-
partment, I discovered, was closed for
the week-end. ite

I called the Harrisburg Police Depart-
ment. I do not know the Harrisburg of-

84 ‘

ficer who ended our, conversation with
“We'll fix you up,” but he certainly filled
my request capably and promptly. A tele-
gram the next afternoon listed” eleven
Lawrence County motorists who had been
issued license plates beginning with 274.

Nine of them were promptly discarded,
since none of them owned roadsters. The
tenth we cleared of all suspicion. The re-
maining name on the list was that of
Thomas Verne Ryhal, 808 Croton Ave-
nue, owning a Crow-Elkhart roadster,
license 274-590.

Now, we had Ryhal strongly linked with
the attempted abduction of Ellen Hays,
but nothing to connect him with the bru-
tal attack on Clara Belle Lennox—that
is, nothing but our suspicions. Speaking
from his background of years of police
experience, Young summed up the situa-
tion when he said tersely, “Two things re-
peat—history and criminals.”

But where was Ryhal? Not the faint-
est clue to his whereabouts was uncovered
despite hours of investigation. Then, on
Tuesday evening, Young and Wider hap-
pened to question Ralph Williams and
Amos Hartzell, two youths from the vicin-
ity of his closed store.

“Ryhal? The guy who runs the second-
hand store? Why, Amos and I. saw him
in his car Friday night at about nine
o’clock,”, Williams related.

Hartzell corroborated the statement.
The two boys promised that if Ryhal ap-
peared again, they would call the police.

So our suspect was somewhere around
New Castle!

Chief Elder dug Ryhal’s Bertillon pic-
ture from the files and showed it to
Ellen Hays. She couldn’t identify him
positively.

“If he only had a smile,” she said, “I
could be certain.”

Then, Sheriff Boyd recalled that an
uncle of the wanted man resided near
Blacktown, a village on the Butler Pike,
four miles south of Mercer and twenty-
five miles north of New Castle. Boyd and
Young, with Special Deputies James Fow-
ler, and Orville Brown—now my law part-
ner and a Deputy Attorney General of
Pennsylvania—drove to Blacktown via
Mercer, on Wednesday morning.

INDING Sheriff David Jarrett and his

deputies absent from Mercer, the four
officers proceeded to the farm. As they
stepped from the car, near the huge, wea-
ther-beaten barn, two men, bending over
hoes in a potato field, stood erect.

“There’s Verne,” Young remarked,
quietly, nodding in the direction of the
younger man.

Ryhal suddenly dropped his hoe and
sped for the swamps that stretched for
miles back of the barn. Fowler and
Brown pursued him, but Ryhal out-ran
them. He splashed through the brackish
water and faded from sight into the
marshes.

A hurried call to Mercer brought Sheriff
Jarrett, Deputy Frank Livermore and a
score of volunteers to the farm to join in
the hunt. Young telephoned me and asked
for assistance. suggesting, also, that near-
by towns and police be warned to watch
for the fugitive.

With six carloads of local citizens, I
rushed to Blacktown. Sheriffs Jarrett and
Boyd directed the search, setting a cordon
of guards around the swamp while -rub-
ber-booted men began beating the area.

The Crow-Elkhart roadster was located
in the barn. Deputy Fowler and I made
a hurried trip to New Castle, returning
with Ellen’ Hays. Although greatly em-
barrassed by the stares of the watching
men, she walked bravely to the car and
examined it closely.

“This is the car I was in,” she said, turn-

ing away, “or one exactly like it. I re-
member the dashboard and floor mat.”

Despite protests from Margaret, Verne’s
wife, I impounded the car and ordered it
driven to New Castle. I was taking no
chances of Ryhal’s escaping with a part
of our evidence.

Mary Ryhal, Verne’s aunt, admitted
that the suspect had been in New Castle
on the morning of July 14th.

“He and I took in a load of black-
berries, and Verne tried to sell them
along Wallace, Lincoln, and Centennial
Avenues,” she said. “We reached New
Castle about nine o’clock and came home
at 12:30.”°

She explained that Verne had left her
at Urmson’s store. on Highland Avenue
at about nine. When he rejoined her at
noon, he had been unable to sell many
berries, due, he complained, to too much
competition.

Margaret Ryhal stated that she had ac-
companied her husband to New Castle on
the afternoon of July 14th, and that they
had returned late in the evening. He
had stopped during the trip, she said,
near King’s Chapel, where he told her
that he had some whisky cached. They
had argued when she objected to his con-
nection with the contraband.

HE search ended at dark when the

possemen returned, empty-handed. Ry-
hal had made good his escape.

Sheriff Jarrett left several deputies at
near-by farmhouses to watch for the
wanted man.

Sheriff Boyd, talking with Jacob Ryhal,
the uncle,- explained that we believed
Verne guilty in the Hays affair and that
he was possibly the person who had so
brutally attacked Clara Lennox.

“Tf he’s guilty, he needs to be punished,”
was the honest farmer’s decision. “If he
comes back, what should I do? Call you?”

“If he returns,” Sheriff Boyd replied,
“you telephone Sheriff Jarrett. He’ll come
for Verne.” Jacob solemnly agreed.

And so we returned to New Castle, on
the evening of July 20th. While awaiting
news of the fugitive, we examined the
car, seeking possible clues, but found
nothing.

At ten o’clock on July 25th, Sheriff Jar-
rett notified us that Ryhal had been
taken into custody that morning at his
uncle’s farm. The prisoner, we learned,
had retyrned there late Saturday evening.
Jacob had fed him and demanded that he
give himself up. Verne had refused and,
after eating, disappeared again. He re-
appeared late Sunday evening and Jacob
again demanded that he surrender and
explain his activities on July 14th. When
daybreak came, and Verne still remained
recalcitrant, Jacob called Sheriff Jarrett,
unknown to his nephew.

Jarrett, with Livermore, District Attor-
ney Leroy Rickards and a posse of eight
men reached the farm in two cars. One
carload surrounded the barn while the
other group, including Jarrett, Rickards,
and Livermore, encircled the house. Jacob
informed the authorities that Verne was
in the barn. When that building was
found to be empty, Jaeob led the way
through the’ house and .up a flight of
stairs.

While Rickards stood guard in the hall,
with Jacob a silent watcher, the other two
searched one of the bedrooms. There was
no sign of the fugitive. ,

Then, Jarrett stood in the doorway -of
another room, while Livermore did the
inspecting. As the latter straightened
after pret under the bed, his eyes re-
garded the mattress. Something about
its appearance struck him as queer. He
prodded it with his gun barrel.

Verne Ryhal squirmed from between

TRUB DETECTIVE MYSTERIES

know!
from
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deput
water
lived
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ands
dor.
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payme

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fc
n
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bered
a man
proved
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whisky

Dur
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SEPTEAI


Pe Ph ceteire easels Co i,

=

——?-—--

at

asked. The girl examined it,, and said.
“It’s mine, but what happened to the red
stone?”

The ring was the one found in Verne’s
pocket. Ryhal curtly refused to talk, re-
ferring us to his counsel. He had retained
J. Clyde Gibson and C. H. Akens, two
very capable attorneys.

Day by day, as she gained strength,
Clara cleared up the mystery of her dis-
appearance. She had been accosted at the
Highland Avenue Church by a man using
the same tactics as those used to ensnare
Ellen. “It’s all right, I know your father.
He’s Frank Lennox,” he had said.

G8 remembered seeing young Reed as
she entered the car.

Instead of driving downtown, as he had
agreed, the man sped out Wilmington
Road and finally stopped in a lane. Leav-
ing her in the car, he was gone for what
Clara estimated to be a half-hour.

Returning,, he started the car, then
stopped, saying that the brakes were stuck.
Producing a_policeman’s night-stick and
a small iron bar from the rear of the car,
he directed the girl to hold the night-
stick in the spokes of the right rear wheel,
while he attempted to pry loose the
brakes. Her last memory of him placed
him at her side, armed with the bar.

On August 22nd, Clara, accompanied by

Mrs. Muirhead, Young, Chief Elder and

her father, retraced the route.

Ryhal’s preliminary hearing, after nu-
merous postponements, was held on Octo-
ber 25th. Clara repeated her story from
the witness stand, then dramatically iden-
tified Ryhal as the man who had ac-
costed her.

Under heavy bail, Ryhal was remanded

for court on charge of felonious assault
and battery.

On November 23rd, Clara Belle became
delirious and, four days later died, A post-
mortem revealed that an abscess on the
brain, resulting from the terrible beating
she had suffered, had caused her death.

On December 13th, 1921, Ryhal went
on trial, not for felonious assault, but for
murder, His attorneys made a_ strong
appeal for a change of venue, asserting
that it was impossible to secure a fair and
impartial trial jury in Lawrence County.
After a hearing as required by law, Judge
S. Plummer Emery denied their plea.

Associated with me in the prosecution
was former Judge William B. Porter, who
was retained by Frank Lennox as special
prosecutor. Together, Judge Porter and
I pored over law digests and reports, seek-
ing an exact precedent to support our
efforts to present Clara’s sworn testimony
from the preliminary hearing.

We finally did find a case of similar
circumstances that had oceurred in Kan-
sas in 1916, Citing this precedent we sue-
ceeded, after how's of argument and de-
bate, in securing a favorable ruling from
the court. The testimony was admitted,

In his own defense, Ryhal told a story
from the witness stand that surprised all
who heard it. I listened in silent. amaze-
ment as he talked. Near by, Jacob and
Mary Ryhal, and the -prisoner’s wife
With the defense counsel, sat, rigid, as his
testimony unfolded.

“Certainly, I took both girls out there.”
he said. “I was running whisky from the
farm and needed some one as camouflage.
The Hays girl made so much racket, I
brought her back to town, then picked
up the Lennox girl. She got hurt like she

suid, when the brakes stuck and she hel!
the club in the wheel.

“T stepped on the starter with the ey:
in gear, and she was thrown high into
the air, alighting on the running-board,
head first. I thought she was dead ani
decided people would think I killed
her, because I knew my past record wasn?
so good. So I hid-her in the bushes,

“That afternoon, when Margaret and |
returned to New Castle, I went to see ii
she was still alive, using the whisky si
an excuse for stopping. That’s when |
tore her clothes off, so it would look as
hea some one had criminally assaulted
ner.’

I accused him, during the cross-exam-
ination, of beating the girl, seeking to
silence her lips, forever. He denied it,
shouting, “I did not!”

On December 21st, at 10:55 p. M., alter
four hours of deliberation; the jury re-
turned its verdict.

“We, the jury, find the defendant.
Thomas Verne Ryhal, guilty of murder as
charged.”

His attorneys carried appeals to the
State Supreme Court and the Pardon
Board, but, on October 80th, 1922, he was
escorted to the death chamber at Rock-
view, Prison, At 11:07, that evening. he
was dead.

The voice from the grave in the form
of Clara Belle’s testimony, which was read
to a jury by a court stenographer, had
sent him to a merited fate.

Nore: In consideration for the pei-
sons concerned, the actual names of two
of the characters have been withheld in
the foregoing story and fictitious ones
substituted, namely, Pat and Ellen Hays.
—Epiror.

Murder in the Operating Room -

derby hat, and a black cravenette over-
coat. Also, that the game broke up about
9:35 P. M.

Dr. Koch continued. After he left the
game of five hundred, he went out on the
street, and started walking home. When
he had gone four blocks he recalled he
had left his office lights burning. There-
upon he retraced his steps, re-entered his
office, extinguished the lights, and started
home the second time, it being then about
9:15 P. M. :

Then he went over to, the hardware
store for a few moments, walked over to
Simmet’s barber-shop adjoining the Re-
view office in the Ottomeyer Block, talked
politics with one of the barbers, com-
pleted a small bet he had been considering,
then left, walking out Minnesota Street
on his way home. :

As he passed the Review office he
bumped into a strange man whom. he
immediately afterwards saw go up the
stairs in .the Ottomeyer Block. He paid
little attention to this person, and could
not describe him clearly. He met several
friends on the street, talked with each of
them a short time, continued on home.
It was about a fifteen minute walk from
the Strickler Block to his home.

Much of this testimony was corrobor-
ated. The barber confirmed Dr. Koch’s
visit there, and the making of the bet.
The friends he had met on the street sup-
ported his statements with regard to them-
selves. There were some discrepancies as
to time. 4

‘Dr, Koch’s path homeward lay through
a thick monday While passing through

~ them he thought he saw a rabbit. He ar-

rived at the Koch residence at 9:38 Pp. M.
He was certain as to the time because his
86

«

(Continued from page 73)

parents had recently upbraided him for
coming home late at nights, and he es-
mg called their attention to the early
our this evening. His, father, mother,
and sister corroborated him in his testi-
mony as to his arrival home. Mr. Brooks
had fixed: the time of the murder at 9:52
P.M. F

After arriving home he had gone out
in the granary, thought he saw another
rabbit, went and got his gun, looked for
shells, couldn’t find any, put back his
gun, returned to the house, read for a
while, then went to bed.

Dr. Gebhardt had been a good friend
of his. He never had anything against
him. They belonged to the same choir.
He had attended the funeral, and sang in
the choir on that occasion.

“Now tell us about those scratches, and
wounds on your hand which you had after
the crime? Could they have by any
chance been made in cutting a screen, or
in letting yourself down the side of a
brick wall by means of a wire?” asked
one of the committee.

“Those wounds? They are carbolic
acid burns. I got them while I was work-
ing in my laboratory,” explained Koch.

At the conclusion of his testimony the
suspicions of the general public had not
been quieted. The one, basic fact re-
mained that Dr. Koch had ‘been seen in
the vicinity of the Ottomeyer Block not
twenty minutes before the time of the
murder. Alibi witnesses frequently are
mistaken as to time.

The suspicions of the public were fur-
ther increased by the testimony as to the
pencil, the handkerchief, and the hammer.

It developed that the local lumber mer-
chant had distributed some of his adver-

tising pencils during the game of five
hundred that evening, and while Dr.
Koch was present. In all probability
Dr. Koch got one. The pencils given out
by the merchant that evening were iden-
tical to the one found near Dr. Gebhardt’s
body.

Still, this was not proof that the pencil
found had fallen out of Dr. Koch’s pocket.
The lumber merchant had only received
them that day. He had been busily oc-
cupied all afternoon giving them to ac-
quaintances. It was possible that Dr. Geb-
hardt might have received a pencil, and
that it had fallen out of his pocket. It
might even have dropped out of the
pocket of one of the volunteer investi-
gators who swarmed in the dental offices
after the murder.

HEN the second mass meeting ad-

journed, the feeling of most of the
citizens who had attended was stil] hostile
to Dr. Koch. Outwardly he appeared calm,
and unperturbed. His demeanor was con-
sistent with that of an innocent man, He
continued to go about his affairs as though
nothing had happened.

There were stories in circulation,
though, that inwardly it was different.
Some said. that on the day after the mur-
der Dr. Koch. had been hysterical, and
on the verge of a break-down. Others
said he had made an unfavorable impres-
sion on the lawyers.

Professional jealousy was the only ap-
parent motive. Yet murder is seldom
committed for such a reason. Could it
be that Dr. Koch—only a year in prac-
tise, scarcely Jong enough to establish him-
self—was so insanely jealous of Dr. Geb-
hardt as to wish to bring about the lat-

TRUE DETECTIVE MYSTERIES

ter’s death
There was 1
tory to war
Still, whe
gnaw atat
say just wh
wild brain
Had he
wrongs sufi
ceased? It
considered,
The inves
the murder«
portant iten
A carpen
claws, and ;
—similar ti
hardt’s offic:
home by. vu:
Bloodstain
after the mi
ery situated
sometimes |
engine roo
all night. I:
The theory
had) stopped
Washed his |
journey hom

IMILAR
posts in
Immediate
had_ purchase
at a drug-st:
wearing them
The scrate
sixteenth of
wires on the
An exami:
hand made sc
that his knuc!}
bruises might
the brushing «
wall as he des
hand did not
The Koch i
preparing for
from the charg
likely would |
penalty for fir
sota at that ti

ing.

Br. Koch’s
yers, and he e)
Investigators v
Mr. Koch had
to use it in hi

The investig:
December 9th,
when Henry H
murdered man,
fore a magistra
Koch with the

At six o’cloc)
man was take:
day he was f
murder before
guilty, and wa:

Now, the sci
then in its infa
perts, and met
veloping finger)
crime had not |
of perfection.

It is almost a
been murdered
circumstances t:
of finger marks
ered in the stai
and even on t
solved the mys
methods were ¢

However, it w
pression of Dr.
sisted. The pri
a fact which di
innocence.

On Decembe:
formally indicte:
der of Dr. Gebh

SEPTEMBER, 1939


like it. I re-
{ floor mat.”
garet, Verne’s
ind ordered it
vas taking no
: with a part

int, admitted
n New Castle

h.

vad of black-
to sell them
id Centennial
reached: New
id came home

: had left ‘her
iland Avenue.
3joined her at

to sell many
, to too much

at she had ac-
New Castle on
and that they
evening. He
rip, she said,

he told her
ached. They
ed to his con-
1.

ik when the
v-handed. Ry-
ipe.

| deputies at
itch for the

Jacob Ryhal,
we believed
ffair and that
who had so
nox.
be punished,”
‘ision. “If he
0? Call you?”
Boyd replied,
tt. He’ll come
agreed.
ew Castle, on
Vhile awaiting
examined the
s, but found

h, Sheriff Jar-
ial had been
orning at his
~ we learned,
iday evening.
inded that he
{ refused and,
vain. He re-
ing and Jacob
surrender and
ly Mth, When
still remained
Sheriff Jarrett,

District Attor-
posse of eight
wo cars. One
im while the
rett, Rickards,
e house. Jacob
hat Verne was
building was
» led the way
ip a flight of

ird in the hall,
. the other two
ms. There was

he doorway of
rmore did the
r straightened
d, his eyes re-
mething about
as queer. He
rrel.

from between

‘TIVE MYSTERIES

the double mattresses and leaped: for a
window. Livermore downed him with a
flying tackle and snapped on handcuffs.

When searched in the New Castle jail,
the prisoner’s pockets revealed $58, a
pocket-knife, a plug of tobacco and a
small gold ring with the stone missing.

He explained his flight by harking back
to the old adultery charge. “I wrote Mrs.
Muirhead a threatening letter because she
had had me arrested, and thought that’s
why you were after me.”

He denied any connection with the

Hays case, and maintained that his sole’

knowledge of the Lennox atrocity came
from newspapers. ‘

He boasted of evading the searching
deputies by concealing himself under
water with only his nose showing. He had
lived four days on blackberries from the
swamp bushes.

Ellen Hays watched, unseen, as Ryhal
= six others walked down a jail corri-
or.

“The fourth one is the man who ac-
costed me,” she said. The fourth man
to pass her was Verne Ryhal!

FE, questioned him intensively, but

could not secure an admission of guilt,
Ellen, he insisted, was wrong in her iden-
tification.

Outlining his movements during the
morning of July 14th the prisoner admit-
ted that he had separated from his aunt.
but claimed that he spent the intervening
hours selling berries, stopping also at the
New Castle Motor Company, to make a
payment on his car.

The afternoon trip, he said, was made
to enable him to stop near King’s Chapel.
where he had whisky hidden, as his wife
had stated.

Checking his sales efforts along Wallace.
Lincoln, and Centennial Avenues, Young
found a strange situation. No one re-
membered Ryhal, but various housewives
stated that dozens of men selling berries
had called during July. Rhyal might have
been among them.

The payment on the car, we learned.
had been made, but at four Pp. m., not dur-
ing the morning. Margaret Ryhal stated
that Verne was mistaken; that the pay-
ment had actually been made by her, in
the afternoon.

Next, Sheriff Boyd and Young, again
combing the countryside near King’s
Chapel, questioned a youth who remem-
bered secing a roadster on the 14th, with
a2 man and woman in it. But this lead
proved worthless, for the young man was
unable to identify either Ryhal or the
Crow-Elkhart.

Young did establish the fact that Ryhal
formerly worked at the Greer farm and
was familiar with the terrain thereabouts.
The latter declined to lead us to the
whisky which he claimed was hidden there.

During all this time, Policewoman
Muirhead kept faithful vigil at Clara’s
bedside. The girl gained, little by little,
and finally, the surgeons said she would
live.

On August 8th, she regained complete
consciousness and a clear mind. When she
talked with her parents for the first time,
her mother was overcome with emotion
and: required medical care. Soon after her
mother left the room, the girl looked won-
deringly at her thin white hands, then
turned to Mrs. Muirhead who was stand-
ing near by

“What happened to my ring?” she
asked, weakly.

The policewoman after questioning
Clara telephoned Young, who sped to the
gitl’s bedside. He handed something to
Mrs. Muirhead, who then slipped a gold
circlet on one of ‘Clara’s fingers.

“Ts this the ring you meant, Clara?” she

SEPTEMBER, 1939

“THE HURTLUNG MONSTER ~
ROARED STRAIGHT AT ME”

F, L. BROWNELL
Licensed Guide
Adirondack Forest

Preserve 1) "One dark night," writes Mr. Brownell, “I had to Cross

Fourth Lake in a canoe, The utter silence gave one the

e “About halfway across, the night was
shattered by the roar of a powerful motor.
Two specks of light, which rapidly grew
larger, came towards me—a_ seaplane
which had been anchored on the lake!

pay to take chances. (Signed)

Lx Vownett,

FRESH BATTERIES LAST LONGER..../20/ fot the DATE-LIN®

feeling of being a million miles from civilization,

© "The hurtling monster was roaring
straight for me! The pilot couldn’t hear
my shouts. I made a frantic grab for the
flashlight beside me. Just in time, the
pilot saw its bright flash,

NOV. 1939

BEST RESULTS
SERVICE BEFORE.

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85


40% COMMONWEALTH v. RYHAE, Appallant.
Opinion of the Court. [274 Pa.

withdrew the request, and the court said nothing to the
jury on the question until in answer to the ninth and
tenth points submitted by the defendant, which requested
instructions that if the girl was abandoned and left to
die in the woods by the accused, it must appear he was
aware at the time she was alive, and, unless the jury
were satisfied he was, they could not convict on the
ground that he had neglected or abandoned her and
they must be satisfied beyond a reasonable doubt that
her death resulted from the neglect or abandonment.
These points the court affirmed, saying in connection
with them, that the jury should take into consideration
all the testimony regarding her condition on the two days
she remained in the woods, and the testimony of the de-
fendant as to her appearance which led him to conclude
she was dead, in determining whether or not he was
aware at the time she was living and had abandoned her.
We fail to see where the defendant has any ground to
complain of the district attorney’s request, which was
withdrawn and not answered, or of the answers to his
own points. The issue of death by neglect or abandon-
ment was put in the case by the accused, nowhere in its
general charge had the court said anything on the sub-
ject, and the record discloses the Commonwealth did not
try the case on that theory.

The court could not have properly granted the ac-
cused’s motion to discharge him at the end of the Com-
monwealth’s case; the testimony then before the jury
was sufficient, if believed, to have warranted his convic-
tion. It established that he had taken the deceased to
the lonely spot where she was found practically nude and
mortally injured, that he was the last person with her
and that no one else was there, that he had with him
the policeman’s mace, which could have caused her in-
juries and which he hid; it also showed his flight and
hiding.

In this connection, one of the reasons assigned for the
discharge, that the date of the indictment, November

COMMONWEALTH v. RYHAL, Appellant. “9
1922. ] Opinion of the Court.

27th, was not the date of the assault, is not a sound one.
“It is not necessary except where time enters into the
nature of an offense to prove the exact time alleged in
the indictment. Any other time may be shown on the
trial if it is prior to the finding of the indictment, and
within the period prescribed by the statute of limita-
tions”: Com. v. Major, 198 Pa. 291; Com. y. Tassone,
246 Pa. 543. In contemplation of law, the blows, the
consequent illness and the resulting death were one con-
tinuous offense.

What has been said as to the motion to discharge ap-
plies with full force to the error alleged in the refusal
to affirm a point for binding instructions. After the de-
fendant had testified, the case against him was stronger
even than it had been as put in by the Commonwealth
and was essentially one for the jury.

As to the contention that the notes of the testimony
of Clara Belle Lennox given on the preliminary hearing
of defendant were improperly received in evidence, be-
cause it was not shown that the stenographer who re-
ported the testimony was competent, it wouid be a suffi-
cient answer to say that the evidence was not objected to
on the trial on the ground that the stenographer was not
competent. She was produced at the hearing by the de-
fendant’s attorneys and was in their employ and reported
the hearing for them; she testified to the integrity of
her notes and transcript and that they correctly set forth
the questions asked the witness and her replies. As to
the mode of proof, the general law is that where the
testimony is reduced to writing by the stenographer who
took the stenographic notes, the person who took the
notes may read from them or from the transcript, pro-
viding he testifies they were correctly taken: 16 Corpus
Juris, section 1558, p. 759.

As to the further contention, that the testimony could
not be received, because the charges the defendant was
called on to mect at the preliminary hearing, at which
the testimony was taken, are not the same as those upon

\

410 COMMONWEALTH v. RYHALS AppeWant.
Opinion of the Court. [274 Pa.

which he was tried, it will be observed that while the
charges were not the same, they grew out of the same
facts and circumstances,—the assault upon the girl by
him,—the only circumstances not existing on the prelimi-
nary hearing when the testimony was given and which
had supervened at the trial was the culminating one,
her death. The record discloses that the information on
which the first hearing was founded was sworn out by
the same person who made the affidavit to the murder
complaint; he testified that both prosecutions grew out
of the same facts and circumstances. The witness, Clara
Belle Lennox, having died between the time she testi-
fied and the trial of the defendant, the parties being the
same in each instance, the Commonwealth and the de-
fendant, and the issues being the same, whether she had
been assaulted and whether he was guilty of the assault,
her testimony was competent evidence against him:
Com. v. Keck, 148 Pa. 639; Com. v. Cleary, 148 Pa. 26;
McLain v. Com., 99 Pa. 86; Brown v. Com., 73 Pa. 321;
16 Corpus Juris, section 2117, p. 839. Where the ac-
cused was under arrest upon the charge of assault, with
intent to kill, at the time of the preliminary examination,
the fact that it was afterwards changed to an indictment
for murder, upon the death of the victim, does not pre-
vent admission of the testimony taken at the preliminary
hearing: State vy. Wilson, 24 Kansas 189.

Where the different crimes, or different degrees of the
same crime, were based on the same act, the following
accusations have been held sufficiently similar to make
testimony at the preliminary examination of the one ad-
missible at the trial of the other, provided the other
requisites for admission are established: Assault with
intent to kill and murder: Dunlap v. State, 9 Texas
App. 179; Hart v. State, 15 Texas App. 202. Assault
and robbery and murder: Rex v. Smith, 2 Starkie
(Eng.) 208. Assault and battery and murder: State v.
O’Brien, 81 Iowa 88. Assault with intent to do grievous

(eae RES US org OER at %
ae ee ERR ee ee

CON Tne aS ieee ee
Why ye Deen ari 4 had J

we oe tease
ee eee,

pith aS PN ae ge S
PORE PD aie ie icin Ee
Bes met
3 :

it a. Pree
‘oe

COMMONWEALTR v. RYHAL, Appellant. aa

1922. ] Opinion of the Court.
bodily harm and murder: Reg. v. Beeston, 6 Cox C™C
(Iing.) 425; and see 15 Amer. Law Rep. 526. Se
While there has been much contrariety of view among
the courts on the question of the admissibility of the ies-
timony of a witness deceased at the time of trial which
had been given against the accused at a preliminary hear-
ing, the very complete note to the case of State of South
Dakota v. Hefferman, 25 L. R. A. (N. 8.) 868, which re-
views most of the cases on the question, announces the
conclusion that the overwhelming majority of the courts
have favored the view that such testimony is admissible
where the accused person has had the opportunity to A
ject the witness to cross-examination, provided he was
present as the party charged with the offense which was
being investigated and the offense there charged and the
one being tried are substantially the same. “Generally
the viva voce examination of a witness in the presence of
the party on trial is required, because it is the best evi-
dence. The direct and cross-examinations are the best
means of eliciting the whole truth, and the manner of the
witness is one of the tests by which to determine the
degree of credit to which he is entitled; but this is not
always attainable, and what a deceased witness, or one
who from other causes has become incapacitated to give
evidence, has sworn on a former trial or preliniauaty. ex-
amination where the accused had the opportunity to
cross-examine the witness, is admitted on the principle
that it is the best of which the case admits. Such testi-
mony is not open to the objections ordinarily urged
against hearsay or derivative evidence, having been ae
livered under the sanction of an oath, and the adverse
party having had the full benefit of a cross-examination
It is therefore admitted upon the principle of netensity
SO as to prevent a defeat of the ends of justice’: 8 Rul-
ing Case Law, section 209, p. 213.
While in Com. v. Lenousky, 206 Pa. 277, we held that
testimony of an absent witness given at a preliminary
hearing before a justice of the peace in the presence of

“~® COMMONWEALTH v. RYHAL, Appéilant.

Opinion of the Court. [274 Pa.

the prisoner was not admissible on his subsequent trial,
where it appeared that the prisoner was not represented
by counsel at the preliminary hearing and was not in-
formed of his right to cross-examine, yet it was pointed
out that such testimony is admissible, where the right of
cross-examination has been exercised. With us, the rule
has been clearly established, as the heretofore cited
cases show, that in a murder trial, evidence is admissible
of the testimony of a deceased witness taken before a

committing magistrate at a preliminary hearing in the

presence of the accused and his counsel, the witness hav-
ing been cross-examined by the counsel for the accused.

So far as opportunity to cross-examine is concerned,
the record shows the cross-examination fills eighteen
typewritten pages. Upon only two matters of any con-
sequence was full opportunity to cross-examine denied by
the rulings of the committing magistrate, the identity
of the defendant and statements alleged to have been
nade by the witness to a police matron. As to the first,
in a petition for change of venue and on the trial, the
defendant admitted his identity; and as to the second,
the girl denied that she had had any conversation with
the police matron, and thus full opportunity was given to
contradict her testimony on the trial if it was desired to
do so, but the police matron was not produced as a
witness.

In what has been said, all the assignments of error
have been disposed of; we find merit in none of them and
they are all overruled.

The defendant, for a most atrocious and revolting
crime, had the fair and impartial trial to which the law
entitled him; the jury and the trial judge were satisfied
of his guilt; and, after a careful study of the record, so
are we. .

The judgment is affirmed and the record remitted to
the court below for the purpose of execution.

ee”

SHAUGHNESSY, Appel.,.v. DLRECTOR GEN. OF R.R. 4@
1922.] Syllabus—Arguments.

Shaughnessy, Appellant v. Director General of
Railroads.

Negligence—Railroads—Passenger—Injury from defect in ap-
pliances—Presumption—E vidence—Probative force—Case for jury.

1. Where a passenger in a suit against a railroad company shows
that his injuries were due to a broken rail, the court cannot say
as a matter of Jaw, that the uncontradicted testimony of witnesses
for defendant, showing inspection of the track, and the defect
found in the broken rail, taken in connection with expert opinion
that this could not have been discovered by any known tests, made
necessary a verdict for defendant.

2. In such case, it is for the jury to pass upon the credibility of
the witnesses and to say whether the circumstances disclosed re-
pelled the legal presumption of negligence arising from the injury
having been caused by the broken rail.

3. The rebuttable presumption of liability has the same probative
force as if established by direct evidence.

Argued April 19, 1922. Appeal, No. 180, Jan. T.,
1922, by plaintiff, from judgment of C. P. Centre Co.,
Dec. T., 1919, No. 90, on verdict for defendant, in case
of M. IX. Shaughnessy y. Director Gen. of Railroads.
Before FRAZER, WALLING, SIMPSON, KEPHART, SADLER
and SCHAFFER, JJ. Reversed.

Trespass for personal injuries. Before QUIGLEY, P. J.
Directed verdict and judgment for defendant. Plain-
tiff appealed.

Error assigned, inter alia, was direction of verdict for
defendant, quoting record.

Charles B. Lenahan, with him Spangler & Walker, for
appellant.—Whether the circumstances exist as will re
pel the legal presumption of negligence, is a question of
fact to be determined by the jury, from all the evidence
in the ease: Penna. R. R. v. Weiss, 87 Pa. 447; McCaf-


ep ne — Pyeseery:

the. penalty. of taking the life of Mike
_Boldaa in cold.:blood.- -He- was hanged

-- 10,34: Thursday: morning, ®
appotuted . “hour,”

~ H. Beideman, of. Royersford, -

sy with: Chief of Police W. He.
“ ‘baugh, assembled in the corridor divide
“=, Ing the old portion of the jail.from the
. new,
“examined for the last time and War-
‘Sed by. the Sheriff that he was: ready to
ee Proceeding to the infirmary; “the war:
“os den soon :emerged. from: the door with

ed Church -of: Mont’ Clare, who: has|

o the flight of five steps leading from: the

¢ .

ESTABLISHED 1709.

¥ the's
Niet Was extine snes

 NORRISPOWN, PA. O08

om aeeeetaanen A “a

mem 0 ra

: present and saw the said “Stephen Sa-

bo “executed ‘by hanging by. the neck,
within the walls of the. ‘County: Prison:
.| in’ Norristown, Pa, at< -~
 Pand: ——————-minntes,;° on Thursday,
| the twenty-ninth’ day..of July, “Ao:D.

o'clock

1909, in pursuance of the provisions of
thé Act of Assembly, in. auch case mage
and provided.” 32>:

“The doctor’s ‘certified. that hee were
present: ate the. ‘execution: of Stephen

body of. the said Stephen Sabo after.
chad been en Sutear and: life

See

‘The ‘Socneans

ie full ist’ ‘of the spectators follows:

erick; Ralph Evans, Charles ‘H.~ Elis,

William’ C. ‘Hehdrickson, E. M. Harry,
| Charles, Daub,’ G., Landis, Daniel H.

KES

¢

Callin eine hw ae

’ Stephen Sabo paid swith he own life;

‘In~ the ~ ‘Montgomery “county-< dais vat

It was but a tew- minutes: res ‘the
10.303: ‘that © Sheriff
Chauncey J, Buckley-and his. deputies,
William H. Fox; of Skippack, and H,
‘together
Roden-

The instrument of execution was
den, Abraham. G:: Gotwald: was inform:
proceed: with, the: execution.”

the man s0 oon to dje. The Rey. Bela
Csekes, pastor of the Polish: Reform-
peor -bis: spiritual. ‘aéviser, -waiked at

the side of Sabo, - “while the “warden
was on the other slde.. At the foot of

“old: jail-to: the new, “Warden. Gotwals

dodged Into cells to ‘escape ‘the sight
they had -been so: anxious to miipeen:
their. nerve ‘had left them... :

, And there suspended in mid. +t was
the body “of. Stephen Saou chose
around like atop...

The three men of medicine: Dr. H
H. Drake, of Norristown;: Dr. J, New:
‘ton. Hunsberger, of. Skippack; and Dr.
JW. Bauman; of Lansdale: stood just
below: with watches in their. bands‘and
their: eyes glued upon the “man who
‘was forfeiting hisAte for the ilicit
love of a*woman.. When tho physi«
clanswere satiafied that life was. ex-
tinct they: directed ‘the ‘cutting down,

‘and the corpse was removed. to a-cell
to the left: ee, further Sxamustior. and f

autopsy,
» The men Seariied in medicine wave tt
as their opinion that death. was ca

ed by strangulation... mn

~ It was exactly 10.30 when: “Warden

Gotwals entered. Sabo's’ root.” ‘Ao me-T igy.

ment later the: spriest from- New York

=s.| Charles: Buckley, GoWe:

Alex. ‘Hobdek,. “AS J. Bradley, Li L.

| Kate,* Harty C. Wilson, Ho M. Ottin-

ger, J.. Milton Brooke, Horace S. Fred-
Charles, Paul A.» Smith, ~- Norwood
Matthias, Frank: Tyson, Mahlon ~ M,
Rinder, John’ Jeffres, Harry 'Trum-
bore, I. Wildong2r.

Walter §. Hencen, James Dougher-
ty. Joseph Rothenberger, - Fred. ° G.
Schiele, O. N.’ Berges; Wim. Earnshaw,
R.---K. *-Quillman; Stewart “Wismer,

eae § Ls a ee ey sees Spee z »¢=*1@rant-Bolton; John Weyand,” Louis
| He Paid with | His. Life. for the Mardevia of a | Pottstown
: + Fellow Countryman, Incited. by the Latter’s
ziite Who Was Acquitted by |
aS a Timid | Jury.

Chickerine, Joseph. Baron, Joseph
Rambo, Paul P.- Daring; R:. Solomon,
ID. Zo Winger, Isaiah C. Barndt, Wm
R: Solomon, A. Ky Risener Chas.
Stong,’ George Zeppe.

>] > Ambrose: BL Maguire, ‘Wm. p ‘Al.
-Phreoht, Harry: Z: “Wampote, 8..8,°An-

ders, Charles. Barker, :-N>: Pennington,
Heffelfinger,

N. EE. Wampolé, George’ -N. Welker,

cae Gears ie ne ., = & ><} Irvin §. Hallman, Wn. Weaver, H.'T.
not <a’ few.-Some ‘almost. fainted.
| Others, when the direful moment canic

Hunsicker, = Edwin. ‘+ Frankenfield,
Amandus  Garges, = >Paul”
Charles: ‘Swartz; uled
John Landis.’ ap
/ Clifton Richards. Allen’ Roth: Chas,
F. Montague, J. Florence Bergey, Rob-
art Herron, Dayton GQ. Knipe, Charles
». Harrison,’ Rev. G..W, Lutz, Andrew
Crablos, W.-Appleton, © L. Dosepols,
Daniel K.: Garver, Gus Exolf, Herman
Salus; Harvey Bortman, Alex, Bodnar,
Charles Marple,’ Andrew: Be Bennet,
Hl. 8... Frederick. :
J.° EY *Bonter,. Benj. ar Frank
Baldwin, Chas,’ Krause, Charles Price,
Jesse Huston; Grant. M. Koons, Edgar

Crouthamel,

‘Matthews, Wm. Souder, John R. Kin-
dig, Edward Barnehaw, Wm. H. Sou-}-

came. o'

Sabo, ¢tc:, and “that: we examined ‘the |.

° Everding, |

Shortly after & O'clock.
the colored: barber, ' awho
six-months: sentence ‘for
of a five-dollar bill: from
the Hote} Veranda, gave
shave. Warden Gotwals
attendant were present a
: Tt was after 7 o'clock y
taken from cell No. 3:to

on the second floor. Th

that: he would have-a sh
the scaffold, which had.
less than fifty feet from t
His spiritual ‘adviser, © th
| Csekes,: of Phoenixville,

| Prison: early. ahd:

doomed man to thé end.”

- Taken to the Dea

Warden Gotwals and
were busy. this ‘morning
compelled. to? “remove
prisoners who- ‘occupied.
new “portion: the priso
section.” This-was done t
prigpners seeing the ex

steel cells: are~ built
manner that the prisoners
is. going. on. in thé corrid

At 9.30 this morning Sa
his last communion by his
viser,:-who-was assited +
garian clergyman of New

* Shertff: Buckley and his
H. Hendricks, called whil
of the church‘ were“ bein
and:were not able to see b

~ District Attarney © J.-

‘visited. the jail at 9 -o’e)

not’ gee Sabo.” He. was: t

condemned man: had near

when be viewed the scene
cution ashe >was < being
from his cell to the ifrm
he had recovered.

~ Sheriff Buckley was. bes
omer up until the last:
passes to’ the. prison to
hanging. He: enon a a
nib ers

Details ‘of Sabo’s

The law had: taken the 1
sixth man who had,
guilty of crime which ‘call
tal punishment.” The ot

John. Briwe, burglary,
12, 1788. « =

oseph Haddop,” for the
An , Woehlle, - 1
6, 1867. aie’ "eee es i Mee
Thomas Francis Curley.

der,. Jr, “John Fotsy, James Huston, ing of Miss Apna Whitby
David Kratz, Edwin'.G. Becker, =" Providenes, , bhaged
Wm. Bodner, John. Fryer, “Charies| 4977... §
Spencer, James W. Holmes, Charles BR] y » Mareded RP weaee 1
Brunner, Wm.) E, °Shinners, . John Salhete # andes
‘Rakes; James Taylor, Jaceb. Bean} OA a eB Ba a ales
‘Marry. B. Akins, ‘C. 0. Fulsoa, O..Q.1 hanged Jaiuney 6,
Hillegass, Harry: Weaver, ‘Robert: Har-} James Clemmet

Race Ronas, Dr. H. R.. topcase


Banning pulled again at his brown
handlebar mustache. But who would
@mant to kill, even for $2,000, up there
Samthe country, where people know and

ane another ? Ina city, though
Allentown, things were
the honest, deeply re-
weeiex country are not

nce.

he said.
» I often tried

of. He was waylaid, robbed and killed.”

Chief Banning had to concede that
the pattern was there for murder. The
loot to be had, the old jeweler’s dis-
appearance, and this fear of some
mysterious death.

But Chief Banning told the man
from Philadelphia that to his regret
he was in no position to help. Ap-
parently, the brother had vanished in
county territory where in that year of
1908, as Allentown police chief, he had
no jurisdiction. '

Jacob Ermann looked dismayed.

ni “I counted on you,” he said. “The

nty has no force to carry on an
igation.”

Bout the thing up to my men,”

id. “If they want to do

heir own I'll be in favor

$250,” Ermann

“And I looked back and the bearded
man was still following me;” the ter-
rified old salesman told his two hosts.

best,” Banning grinned, Next day,
December 17, John Reese and Ira
Frankenfeld, given the rank of special
officers, took the clanking, hurtling
trolley line for Slatington, . where
Leopold Ermann had mailed a letter.
never to be heard from again.

The officers were armed with a tin-
type photograph and a physical de-
scription of the missing man. He was

fat and short, 55 years of age, his hair ~

was iron-gray and thin on the crown
and his mustache mixed. Both ear
lobes were pierced because, setting a
style all his own, he would occasion-
ally wear earrings.

The detectives’ first stop was the
Slatington postoffice where Ermann
had mailed his letter. Sure, the post-
mastet knew Ermann. But he hadn't
seen him in about a month.

From there Reese and Frankenfeld
went to the general store, but with the
same luck. Nor did the clerk at the

9


a i a « goiks pote
DE SERRE er IG? “LS EA ANNO SERS

inn have anything to offer. From the
information they had gathered Leo-
pold Ermann emerged as something
like a beloved legend. Women appre-
ciated his polite manners; children
liked his joviality and friendliness ;
and the men praised him for his
honesty in business.

But for all his popularity, he had
somehow managed to keep his moves
over the last month shrouded in im-
penetrable darkness.

The next day Reese and Franken-
feld pushed their inquiries into rural
districts, and there they learned that
the man with the pierced ear lobes
had ‘more than one odd trait.

Ermann, the officers were told, did
all his traveling on foot as he was
scared of horses, rigs, and trolley cars.
Automobiles were anathema to him,
but strangely enough he trusted trains.

AN OTHER of his phobias was
dogs. He was often seen furi-
ously waving his umbrella at some
yelping little cur. He was also afraid
of the dark. Long before nightfall he
would stop at some country hotel, or
if none was within reach, at the home
of a customer.

But as to his whereabouts, the
probers learned nothing. -

The next morning a man hunting
along the Lehigh Canal, just outside
the .village of Treichlers, noticed a
flock of crows cawing near the canal
locks. His curiosity aroused, the

- hunter investigated. °

He found the body of a man, clad in
his undergarments. His hair was
‘gray and he was of short stature. He
must have been in the shallow waters

Leopold Ermanr was last seen alive

' as he trudged, bag of gems in hand,

off into the fog on this lonely road.

10

of the canal for several weeks. The
hunter alerted the coroner of North-
hampton County.

A report reached Chief Banning’s
desk the next day. Was the dead man
the missing gem peddler? The only
clue to the identity of the body was a
tattoo of a curvaceous danisel on his
right arm. Medical examination re-
vealed no injuries, and death appeared
to have been from natural causes.

Reached by telegraph, Jacob
Ermann appeared in Chief Banning’s
office the following noon. One glance
at the figure in the morgue, however,
and Ermann declared that the man

‘definitely was not his brother. Later,

he was identified as a transient worker
at a nearby farm.

That was the end of that lead. What
next ?

“Try to pick up Leopold Ermann’s
trail at a railroad station,’ Banning
advised the special officers.

Taking the cue, the detectives
started haunting the whistle stops.

Finally they came to the railroad sta-
tion at Best and asked the station-
master, John Blaise, whether he had
seen the old jewelry salesman.

“Why yes,” he said, looking up.
“Some time ago. Why’re you ask-
ing?”

Reese told him.

“He -got off the 3:30 Slatington
train here about a month ago. An-
other man got off at the same time.
He wasn’t with Ermann, but he
walked in back of him, like he was
following him.”

THE detectives’ faces lit up. The
stationmaster’s story sounded like
the first break.

“What did the fellow look like?”
Frankenfeld asked. __

John Blaise was silent a moment as
he visualized the month-old tableau.
“He was a tall skinny man with a
black beard. He wore shabby clothes.
No topcoat. I never saw him before
and’ I’m sure he’ is not
from these parts.”

A big-city hoodlum,
stalking the man he had
marked for a kill?

“Where did Ermann go
from the station?” Reese
asked eagerly.

“Up the road past the
hotel,” the .stationmaster
said, and that was all he
knew:

The detectives hurried
to the hotel, a_ stone’s
throw from the station
and sought out the owner,
Jarius Krause. Krause
said that he was standing
in the doorway. of the

e

A man of mystery
shadowed the jewelry
drummer from the sta-
tion at Best, Pa. Two
days later the grim
plotter, inset, struck.

' STARTLING


S THE portly, black-suited
A gentleman from Philadel-
phia introduced himeelf.
Chief of Police Banning wondered
what had brought him to the Allen-
town, Pa., police station. The calling
card the brusque visitor handed the
police head of the small city was that
of Jacob Ermann, the address a house
in the 1300 block on Philadelphia’s
Seventh Street. Neither name nor
address had any familiar connotation
for the Allentown police official.

“Chief Banning,” the visitor started
abruptly, his left hand playing with a
thick gold watch chain. “I’ve come
to see you in regard to a murder.”

“Murder!” ejaculated the police
head. “And who may I ask has been
murdered ?”

The visitor’s sharp eyes mo-
mentarily grew misty. He cleared his
throat. “My brother,” he said, his
voice a few shades softer now. “My

PENNSYLVANIA'S CASE OF THE HUNTED DRUMMER

ihebetive , Marat, (147

bdavtlens

BY HENRY JORDAN

dear and elder brother, Leopold.”

Banning tugged at his mustache.
There had been no report of an un-
identified corpse being found. And
the chief was equally certain that
Leopold Ermann had not made the
police news.

“When and under what circum-
stances was your brother supposedly
murdered ?” Banning asked.

““That,’’ Jacob Ermann said
pointedly, “is a matter for you to find
out. I’ll give you the facts.”

He explained that his brother
Leopold, a bachelor, was an itinerant
jewelry salesman. He had worked
the roads of upper Lehigh County for
close to 30 years, selling his wares to
the prosperous farmers and towns-
people in the heart of Pennsylvania’s
hex country.

“He last wrote me from Slatington
that he would return to Philadelphia
in a matter of days,” the visitor con-

2-10-1910 .

tinued. ‘The lettér
Slatington on November:
is‘ December 16. ‘You can
think he has met with foul pf

Chief Banning was unimpréage
“Maybe he had reasons for not
turning home,” he said. ,

No, not his brother, replied the man
from Philadelphia. For 30 years
Leopold had let Jacob know when he
would return and not once had he
failed to keep his word.

“T’m telling you,” the man insisted.
“Leopold was murdered for the money
and the jewels he carried.”

“How much money ?” the chief de-
manded.

“Little money. Maybe $100. But
the rest was in gems. I’d say he never
had less than $2,000 worth of mer-
chandise when he went on a trip.” -

SCHAEFFER, Daniel, white, hanged Lancaster, Pennsylvania, April 13, 1832.

"Frederick, Md., Sept/ 21, 1831, = SINGULAR BRQNRKMERXXX OCCURRENCE. = On Sunday
evening, the 22nd inste, a man, who called himself Daniel Shafer, voluntarily

came before Michael Baltzell, Esq., a magistrate of this city, and requested to be
committed to prison, alleging that he had committed a murder, during the last
winter, in Marietta, Pennsylvania, and that the reproaches of his conscience had
become so severe that he was unable any longer to endure them His narrative

being perfectly coherent, and he himself appearing entirely sane, the magistrate
complied with his request, and committed him, Since that time, under his di-
rections, 4&4 communication has been had with the proper authorities in Marietta
and such intelligence received as confirms his horrid tale, His story ig that, during the
deep snow of last winter, he, WAZ whilst in a state of intoxication, entered the
house of a widow named Bowers, then living in Marietta, and, after violating her
person, put her to death by strangling her. The fact of such a person having been
found dead in her house about the time stated, is fully substantiated by the
accounts received from Marietta - and the whole demeanor of the A#XEMHJXHXX prisoner
since his confinement, as well as his positive declarations, has induced a

general belief in the truth of his singular confession,"

REGISTER AND NORTH CAROLINA GAZETTE, Raleigh, NC, 10-13-1831 (3/h.)


SHAFFER, Hezekiah

Shaffer, alias Kyle, was a white man who lived with his wife in their
home at Franklin Furnace, Franklin Co.y Pa. Mrs, Shaffer was sickly
and it was general knowledge shat he was intimate with at least one
other woman in the area, On the morning of Feb, 21, 1878, he ran
to a doctor and informed him that his wife had fallen down the stairs
and injured herself on two axes that were lying at the foot of the
stairs. When the doctor arrived, he &found that the blood on Mrs,
Shaffer's clothes had dried which was inconsistent with her husband's
having summoned him as ouickly as she had fallen, Additionally, she
had been cut with the axe no less than thirty times and these facts,
together with his reputation as a philanderer resulted in his being
charged with the murder, Shaffer was not popular with his neighbors
and the local sentiment was very mich against him, it being generally
believed that he had attemted to poison his wife a few days before
ner death, His defense was one of innocence as he continued to main-
tain that she had been accidentally killed but he was convicted and

sentenced to die, Shortly before the date of his scheduled execus
tion, his attorneys obtained a respite in order that they might make

2 plea for his life before the Board of Pardons where they presented

testimony of one of Mre Shaffer's frj
2 of Mrs. Sha: S “riends that she had j
she would probably be killed in a fall down the sta irs bekeecr

her illness but the Board decided that ‘he evidence against oe
was sufficiently strong to prevent their re cede ia his
ne d, ne attempted : } b:
. davs before he was to be hanged,
AAG aed the veins in his arms and legs rakes un eee
ire that he had taken from a broom, ‘hn the nhitiraeg pert shoal ae
he had lost so much‘blood that it had soaked throug - cae
floor, Physicians were able to prolong his Life a acral i” sae >
1879 “he was carried to the scaffold wrapped ina re a
weak from the loss oB blood that he was tain rie a Ha i
i ile his arms and legs were pinione . H | :
Rares aA he merely shook his head. He was hanged at Cham

-bersburg on April 17, 1879.

| i ters, Vol II, page-135
SCAFFOLD AND CHATR by Tee ’ en
CHAMBERSBURG PUBLIC OPINION, May Ll, 1?! er \ rao aaotoeh) ra

TATIONAL POLICE GAZFIVE, March, 1, 1879 (10 ;
Gili, 3 > £79 C)-1) Woodend kekeriss FHlE19.CE)


SHAFFER, Hosekiah

alias Kyle

0 -17-1879; killed his
lin Co. Pay on h 17:
Tse diets fone in Franklin mugiace a oe Bois
abet to make the
hen arranged an axe
sett. ahaa PUBLIC OPINION, aes ae ice os 3
Seri: in reminiscence; warrants issued July 10,
ecmtane

LARGE CARD

January 20, 1879.

SCAFFOLD AND CHAIR BY TEETERSPART II PAGES 135

poison ‘to her, Fearing that it would not have g

handle of an |

fatal effect he strock her with the

ax and a bootjack, inflicting a}
wounds on her head

d been brutally
usband waa
crime, convicted and sentenced,

about the forty-aecond death

warrant Governor
Hartranft has signed during h

is administration,

yy Ly
1P——f___ Clo a &. A az AAA :
Yili rua, aut “7 , ; : ae
Ve 20-/E TF C(O) «

|


(2 toh Voto 57 AV) RTO pata L

tying niagt day. J,
FLL ree fet: ur Mertagtes ALS Alt CE sssands |
ERS Res eed, foe of. Vokeerens


SEILER, Agnes Ulrich (aka SAILER, John Ulrich), white, hanged Phila-
delphia, ‘ennsylvania, November'1), 1750.

"On Monday last a Court of Oyer & Terminer was held here when Hance
Ulrich Seiler, a Switzer, was indicted for the murder of his mistress,
the wife of David Schultz of Upper Hanover: to which indictment he
pleaded guilty and immediately received sentence of death, His reasen
for doing it, he said, was because she was cross to him, The murder
was committed on the llth of June last in the morning about daybreak
when he got into her chamber by the window, (his master being from
home), and going to her bedside with a knife in his hand, she happened
%% to move several times in her sleep, which kept him from doing the
horrid deed for about half an hour, At last finding her fast asleep,
he stuck her in the throat about four inches deep and turned the knife
three times in the wound upon which she screamed out and got out of
bed, which so startled him that he dropped his knife and ran out of the
house. By the blood found on the stairs, it appeared that she hsd
attempted to go for assistance from some women that were asleep in the
upper part of the house; but as such a wound must soon occasion the
loss of a vast quantity of blood, she had not strength left to get to
them or make them hear her, so it is KM thought fell down stairs again
and died, being found at the bottom of them when the people got up,
in the melancholy condition above represented."
PENNSYLVANIA GAZETTE, Philadelphia, Pennsylvania, October 25, 1750.

I could sense how much there was to
be done in this case, how much plugging
and flat-footing we were in for. We
had nothing to work on yet—not even a
sound suspicion. What did we have in
fact? A man had phoned his wife at
11:30 in the morning. He had come
home an hour and a half later to find
her brutally murdered. The maid,
hired two days before, was gone, a kid
of a maid. The weapon could not be
found. Two rings, a necklace and a fur-
piece were missing. The house ‘showed
no signs of a struggle except for the
bathroom. :

wr had killed Mrs. Wodlinger?
Had someone entered the house
after the maid had gone? Did someone
know just what time the maid would
leave? Was there something hidden
behind the surface that I could not
detect as yet? Was Mrs. Wodlinger’s
entire life as perfect and as angelic as
pictured to me? As I knew some of it
to have been?

Right now we had only two avenues
of approach ‘and they involved basic
police routine. But there was just one
more important question or two that I
had to ask before I went any further,
because through my mind there kept
running the thought that a man had
pulled this job. ~ .

Wodlinger was sitting in a chair with
his head in his hands, gazing at the
floor. I walked over to Weingrad and
whispered to him. He rose and followed
me into the foyer. I told him I wanted
to ask him a few questions.

“Wodlinger said you waited outside
in the car while he went in to get his
golf clubs. Is that right?”

“That's right.”

“How long were you outside before
Wodlinger called you?”

“Not more than fifteen minutes, I'd
say.”

“How long have you known Wod-
linger?”

“About nine years.”

“Play golf with him very often?”

by times a week, especially
on Thursdays. All through the
Winter, whenever it’s possible.”

“Weingrad, listen. Do you know of
anything in the life of Mrs. Wodlinger
that could have caused this killing?”

“That's what I’ve been racking my
brains about ever since I saw her body.
There’s not.a thing I can connect up,
and believe me, I’ve been close enough
to Harry and Freda to have known. I
wish I could give you some little lead,
but there’s none that I know of. It’s
the worst thing I’ve ever seen.”

Weingrad’s apparent sincerity was a
touching thing, and I knew there was
nothing more to be gained from him.

I felt the urge for speed. As I talked
and listened to Weingrad a pattern of
an approach to this mystery had de-
veloped. First, finger-prints, finger-
prints taken from every logical place in
the house. Finger-prints appeared to
be the basic lead now—unless we could
uncover a motive somewhere, somehow,
someplace. And the knife? Where was
it? Still in the house? Did the killer
take it with him? A smart one would,
but then I was convinced that the killer
was not smart but dumb, stupid. In
fact I could not and did not shake
myself of the firm belief that the killer
was a dumb amateur, a man, that the
knife was somewhere in the house.

And the maid. We had to find her.
She had the answer to the big, vital
question. Was Mrs. Wodlinger alive
when she left the house?

And more. Wodlinger and Wein-
grad. What about their movements?
Figure it out in time. Wodlinger’s
oftice was at Fifteenth and Race
Streets. He left there at 11:30 to go to
the Reading Terminal, seven blocks
from his office, by the shortest route,
through the heavy central-city traffic.
Give that drive and the purchase of the
steaks a half hour. He could doit. Back
to Broad and Race Streets to pick up
Weingrad, and then to Weingrad’s
house on West Roosevelt Boulevard, 50
blocks, through more heavy track,
north on Broad Street, east on Roose-
velt Boulevard, arriving there at 12:30.
Yes, that figured, too. And then. to
Wodlinger’s house, arriving there at
about one o’clock. That could be done
easy. Wodlinger in the house fifteen
minutes. before he called Weingrad.

46

Mrs. Wodlinger dead two hours—since
about twelve o’clock.

A mysterious half hour—the half
hour after 11:30 when Wodlinger said
he called his wife. If Doctor Major was
right, death stole into the Wodlinger
hame sometime after Wodlinger hung
up on his wife.

That half hour. It buzzed another
big question in my skull.

When Mrs. Wodlinger first was at-
tacked, when she first saw the killer
with the knife, did she scream for help?
Didn’t anyone hear her? Judging by
the condition of her arms and hands,
with their many deep cuts, she seemed
to have put up one Hell of a fight to
defend herself. Didn’t anyone hear her
scream for help?

We'd find out.

WO intensive, busy hours passed. Two
hours of finger-printing—includ-
ing finger-prints of Wodlinger and
Weingrad just for purposes of elimina-
tion. Photographs of the body and the
scene of the murder. Interviews with
members of the Wodlinger family who
kept coming into the house. Interviews
with neighbors.

What did we find? Nothing. Noth-
ing of any value.

No one had heard a scream, not even
the closest neighbor, Mrs. Benjamin
Ginns, who told us she saw the maid
hanging out clothes in the Wodlinger
yard at about 10:30. No one was seen

entering or leaving the house all morn- ©

ing.

That was how things stood at four
o'clock.

At four o’clock we left the house. I
had a plan of operation and we talked
about iton the pavement. ,

“John,” I said to Walsh after talk-
ing: awhile, “you check on Wodlinger
and Weingrad. We'll meet you back at
Headquarters later. Dan and I will see
if we can find the maid.”

Walsh left us and O'Mahoney and I
drove back to our station house where
we reported to our chief and picked up
our album of maid-thieves who had
served time. Perhaps the picture of
the maid was in the book. There were

. two people, only two, who could tell us

—Wodlinger and his daughter, Fane,
who was now, we had learned, with a
relative in Germantown. We drove
back to the Wodlinger home—to meet
with a punch of a surprise.

WE FOUND Wodlinger, dressed in
fresh clothes and bathed, more
calm now and surrounded by -relatives
and friends. We called him into another
room, alone, and gave him the album.
He looked slowly at each photo, study-
ing, scrutinizing carefully all 43 pic-
tures. Back and forth silently, eagerly
for fully a half hour. Then with a sigh
of disappointment he closed the book
and handed it to me.

“I’m sorry, Sam. She’s not among
them.” >

“Too bad,” I said.

“But I have something to tell you.”

“What is it?”

“I found the knife. It’s the bread-
knife. She was killed with the bread-
knife.”

“You found it!” I exclaimed. “Where
is it? Where did you find it?”

“In the piano. It’s still there. I
didn’t want to touch it.”

Quickly I led the way to the piano.
Wodlinger was right behind me. He
raised the cover of the baby grand
piano, And there, lying on the strings,
was an eight-inch bread-knife still
caked with blood.

We stood there looking at the knife
for several seconds, as if hypnotized.
And I must admit I felt something of a
flush of victory, as though I was pretty
smart for figuring it straight—being
sure the knife had been hidden some-
where in the house. Then I picked the
knife up, careful not to destroy finger-
prints. I turned to Wodlinger who was

‘standing there with something of an

excited light in his eyes.

How in the world had he thought of
lifting up the piano cover?

He must have read my mind for he
answered, “I can’t understand it, Sam.
I was.sitting in the living-room after

- you left thinking about the knife. I

went upstairs to bathe and change my
clothes and as I came down the steps it
was as if a voice directed me, and I

walked right in here, lifted up the piano
cover and there it was.”

I wouldn't have believed anyone else.
Never. But something in his attitude
and voice convinced me then.

“Good work,” I said. “This is a big
help, Harry. We'll get it right ‘to the
finger-print men. We'll see you later.”

Outside O’Mahoney said, “Do you
really believe him, Sam?”

“Yes. I do. Someone else used this
knife on Mrs. Wodlinger.”

“I hope you're right, Sam.”

“We'll see,” I answered.

“What next?” O’Mahoney: asked.

“First we'll call the Sargent Employ-
ment Agency and make them stay open
for us. Then I want to talk with Wod-
linger’s daughter, Fane. But we’ll get
this knife to Summerscale first. Okay?”

Twenty minutes later we stopped our
car in front of the residence of Mrs.
Wodlinger’s brother, Michael Saxe,
whom I also had known for years. Saxe
ushered us into the house and, after
exchanging some talk about the mur-
der, I told him I wanted to speak to
Fane alone. He led us into the living-
room and introduced us to the very
pretty girl, now red-eyed with weeping.
She understood why we were there and
became poised in a moment and said,
“I'll tell you everything I can, Mr.
Steinberg.”

“I won’t ask you very much, Fane,”
I said. “Just relax now.”

“I'm all right. Don’t worry.”

1D LIKE you to take this album and
go through it very carefully. See if
you can identify any picture. See if
anyone looks like the maid you had for
the last several days. By the way, do
you know her name?”

“Yes. Her name was Evelyn Mercill.

-She was nice but there was something

funny about her.”

‘‘What do you mean, Fane?”

“Well, she didn't talk very much. She
always seemed to be thinking about
something. One time I said to Mother,
‘Mother, you know what I think about
Evelyn?’ and when Mother asked me
what, I said that sometimes she’s so
silent that she seems to be working and
walking in a dream with her eyes open.
I know that sounds funny, but maybe
you can understand it.” :

I couldn’t then and I smiled indul-
gently. But I was to remember that
keen girl’s observation later.

“Now look through the album, Fane.”

“What is this?”

“A little rogues gallery,” I said, and
I explained it more fully.

She seemed fascinated as_ she
thumbed through the pages, saying
quietly again and again, “No, not her
. .. not her, either.” And then she
stopped and gasped a little and looked
startled. .

“This is she!”” she exclaimed. ' ‘This
is the one!” ;

I leaned over and looked.

“Are you sure, Fane? Positive?”

“Yes, I’m sure. They all look some-
thing alike, don’t they? But Evelyn—
that’s what she called herself—had a
white mark like this girl on her lower
lip. See this mark here?”

I looked more closely. The mark was
unmistakable.

s¢7 ALWAYS noticed that mark on her
lip, It was so white against the red.
Even lipstick couldn’t hide it.”

I turned down the identification flap
beneath the photo and read it.

“But this girl is named Corinne
Sykes,” I said. ;

“Well, she called herself Evelyn,” an-
swered the girl. ‘Maybe she wasn’t
using her right name.”

I read the rest of the identification:
23 years old, five feet three inches.
Light complexion. Black hair, usually
braided and rolled around her head.
Slender build. Light mark on lower

lip.

“Slender build—slender build,” I kept
thinking.

There were a lot of questions I want-
ed to ask this child—this forthright,
unassuming and gracious child. But I
couldn't do it just then. I didn't have
the heart for it. Maybe later, a little
later, if necessary. I studied her and
saw she had grown very thoughtful.

“What is it, Fane?” I asked gently.
“What are you thinking about?”

“I was thinking about something
that happened in the house last night
maybe I ought to tell you.”

“Tell us.”

“It's about the maid.”

“What about her?”

“Well, you know we have several ex-
tensions on the phone in our house,
and I never listen in on anybody’s con-
versation, but last night I just happened
to pick up the phone and I heard Evelyn
talking to someone. It was very mys-
terious. And she talked like she al-
ways talked. Like she was in a dream.
I heard a man say, ‘Baby, J. C. is mad
at you. He wants to see you bad. And
your mother has been looking for you.’
And then Evelyn answered almost in a
whisper, ‘I’ll be home tomorrow, be-
tween twelve and one.’ That was all.”

I don't know what it was, but some-
thing in the child’s voice held us as
though we were watching someone play
a part on the stage, and play it well.
This was a brilliant young girl, tre-
mendously perceptive, how. much I
didn’t know then. But my factual,
practical brain pigeon-holed what
seemed to be the most important facts.

First, J. C—a man’s initials. The
boy friend, perhaps. And that she’d be
home between twelve and one. Mrs.
Wodlinger had been alive at 11:30, and
the doctor had said Mrs. Wodlinger had
been dead for two hours when he saw
her, It was two o'clock when he told
me that.

Could the maid, indeed, the slender
maid, have killed and robbed Mrs.
Wodlinger within a half hour, and
packed her clothes and left the house?

“Is there anything else you can tell
us, Fane?” I asked.

“I don’t know.”

TOOK it easy. ‘Tell me, Fane, do you

remember ever hearing anyone or
seeing anyone threaten your mother in
any way? Anybody? Like somebody
arguing with her, or something like
that?” ie

“Oh, no. Never. No one ever argued
with Mother. Everybody loved my
mother. Just everybody.”

She began to weep softly, and I knew
it was time to cut it. eS

We walked out of the room, talked
awhile with Mr. Saxe and left the house.

As we drove off in our car O'Mahoney
said, “Some mighty perplexing angles to
this, eh?” .

“Just what angles are you thinking
about, Dan?”

“Funny that the kid identified a pic-
ture and Wodlinger couldn't.” .

“The kid might be wrong. A coinci-

. dence. I'm thinking of something else.”

“For instance?” .

“The strange description of the maid,
and the initials, J.C. That's a smart
kid, Dan.”

At 6:45 we entered the Sargent Em-
ployment Agency, across the city from
the Saxe home. It was dark and cold
outside and snow was falling. A stout-
ish, amiable, middle-aged woman who
introduced herself as Mrs. Joan Herbert
was waiting for us and smiling broad-
ly. She said, “Sit down, gentlemen.
This sounds like trouble. What can I
do for you?”

“You specialize in domestics, don't
you?” I asked.

“Yes, that's right.”

“You got a job for an Evelyn Mercill
at’ the home of Mr. Harry Wodlinger
the other day, didn’t you?”

“I remember her. But let me make
sure. I'll get her records.”

She went to a file and soon returned
with a folder and read some of its con-
tents.

“Te right. She began work on
Tuesday morning. She came here
just as I had finished reading Mrs.
Wodlinger’s want ad in the paper. I
called Mrs. Wodlinger and told her I
could furnish her with a maid. And Miss
Mercill came in with excellent recom-
mendations, and I sent her to see Mrs.
Wodlinger and she got the job.”

“Are you sure it was Evelyn Mercill?”

Mrs. Herbert’s smile left her face and
she looked sternly at me.

“Why, of course I’m sure. She
carried a social-security card, and she
had recommendations from good
people. Here.” She picked up several
sheets of paper and handed them to me.

house a good going-over. See if you
can find it. Walsh, call the station.
We'll want finger-prints, pictures, the
coroner.”

They left and I looked at the body
again and then I walked into the bath-
room, I noticed that the blood was
more thickly spattered on the walls
about the sink, and the pools of blood

‘" were thicker on the floor in that area

Harry Wodlinger, husband of the slain woman, ascending the
steps to his home with a friend, on the day murder had struck

e and told Weingrad and Weingrad
d me and the police.”

lis was December, I knew, but I
knew that Wodlinger was bugs
t golf and often played in mid-
ter.

tow long have you been the family
ician?” I asked the Doctor.

‘en years.”

‘hen you know a lot about how Mr.
Mrs. Wodlinger got along?”

‘ES. “A great deal. I’m a close

friend as well as the family doctor.
say this was one of the soundest
oy marriages that I knew. That’sa

*hat’s what I always thought. How
has she been dead?”

tot more than two hours.”

ooked at my watch. Two o'clock.
iow many times was she stabbed?”
six. Three in front and three in the
.. This one here”’—he_ pointed—
; the one that killed her. The knife

plunged through her heart, killing her
instantly.” : -

“Long knife,” I said.

“Yes, a very long and very sharp
blade.” '

“Like a bread-knife or a meat-.

knife?”

“Probably, yes.”

I looked at Doctor Major, thinking.
The thing started in the kitchen and

the killer grabbed for a knife and Mrs. .

Wodlinger ran upstairs and tried to
lock herself into the bathroom...

“Thanks, Doctor,” I said.

He arose. “I'll take a look at Wod-
linger.” 7

Walsh and O’Mahoney .came back
then. “We’ve been all over the house,
Sam,” said Walsh, “and there’s no sign
of a fight in any room. Everything’s
asneatasapin. She got it in the bath-
room; no question about that.”

“With a knife,” I said. “A knife that
belonged right in the house. A bread-
knife or a meat-knife. Dan, give the

than near the door. I examined the
floor and was certain that Mrs. Wod-
linger’s body had been dragged from
inside the bathroom to where it now
rested. What was the reason for this?
And more important—Doctor Major
said Wodlinger had come home and
found his wife's body in the bathroom.

’ Who had been alone with Mrs. Wod-

linger? Did someone force his way
into the house?

T= another thought struck me
hard. I walked back to the body,
picked up the left hand, from which the
fourth and little fingers almost had
been severed. Had Mrs. Wodlinger
‘worn rings? A diamond ring? Anda
wedding band? Certainly she must have.
Then where were they? .What gives
here? Robbery? Or a fake robbery to
cover up something else? Probably
Wodlinger could talk now.

I walked downstairs to the living-
room. Doctor Major must have given
Wodlinger a sedative for he was calmer
and sat statue-like at a table, gazing
at the floor. Weingrad sat in a chair
opposite looking sympathetically at
Wodlinger.

“I’ll have to leave,” Doctor Major
said. “Call me any time.”

After he left, I sat down beside Wod-
linger and expressed my condolences
and said, “Harry, I'll have to talk to
you.”

“I know,” he answered without look-
ing up. “I'll tell you all I can.”

“Go ahead. Tell me what happened.”

He was silent for awhile as though
trying to steady himself and recapture,
the events from a fog. ~

Lt. Summerscale: “Would you
like to find your friend's killer?"

“I can’t believe it, I can’t believe it,”
he kept repeating. “Freda dead!”

“What happened, Harry?” I asked
quietly.

“I wish I knew.”

“When did you see her alive last?’”

“This morning. I left the house as
usual at about twenty after eight to
drive Fane to school—” Fane was his
fourteen-year-old daughter—“I took
her down and then went to my office on
North Fifteenth Street.”

- He broke down again and I waited
until he had recovered.

“At half-past eleven I called home.
Irv and I had decided to take the after-
noon off and play some golf. I talked
to Freda and told her I'd stop at the
Reading Terminal to buy some steaks
and I’d be home soon. She asked me
if she should fix some lunch. I told her
Irv and I would eat at the club. Then
I left my office and went to the Read-
ing Terminal and got the steaks—the
steaks are in the ice-box. Then I picked
up Irv and we drove to Irv’s house to
get some golf balls. And then we came
here.”

He placed his hands over his face and
broke into a long spell of sobbing again.
I waited.

When he had himself under control
again he said he was sorry. 3

“What happened then?” I asked.

“WE PARKED my car in front of the
house and I told Irv to wait for
me until I got my golf clubs. The front
door was unlocked. I went into the
house and called to Freda but I got no
answer. Then I heard our little terrier,
Susie, barking at the cellar door and
I opened it and she jumped all over
me. I went upstairs to get my stuff
and I walked into the bathroom and
saw her lying on the floor...

“I think I went crazy. I kept look-
ing at her for awhile and then I
screamed and shook her and I bent over
her and I started dragging her into the
hall, I don’t know why. Then I ran out
to the porch and called Irv and I ran


ts

.

Fane Wodlinger, who was the first person to hint at the weird
goings-on, shown at the inquest into the murder of her mother

woe again. I didn’t know what to
0.”

Once more he broke completely and
Weingrad came over and sat beside
him.: Walsh and O’Mahoney entered
the room and motioned to me. There
was much that I had yet to ask Wod-
linger but I decided to leave him alone
for awhile.

In’ the foyer Walsh said in a low
voice, “Couldn’t find the knife. But
come into the kitchen. There’s some-
thing we want to show you.”

In the kitchen Walsh pulled open a
drawer in which the kitchen knives
were kept in slots, small carving-knives,
large knives, pruning-knives, the usual
good assortment found in well-equipped
kitchens. A long slot was vacant.
Walsh measured it—eleven inches.

“Three inches for the handle, eight
for the blade,” he said. .

“That could be it.” J

“We covered the house from cellar to
roof,” O’Mahoney declared. “Nothing
doing.”

“There’s one thing sure,” I said.
“The killer wasn’t a stranger who
sneaked into the house and went
directly to this drawer. If this missing
knife is the one that did the trick, then
somebody knew about it pretty well—
knew where to find it and that it was
sharp enough to do the job right.
Listen, I’ve got a few more questions to
ask Wodlinger. Come on back; I want
you to hear him. We'll have plenty
checking to do.”

Detective

angles to

Daniel
O'Mahoney:''Some
mighty perplexing
this”

We went back into the living-room
and I asked Wodlinger if he was able
to talk some more and he answered,
“Sure, Sam, I’m sorry for breaking up
on you like this.”

“I understand, Harry;: take your
time.” i
“TI can talk now.”

“Okay. Now tell me, Harry, what
time did you get home?”

“A few minutes after one, I’m sure.
I looked at my watch as I went up on
the porch.”

“And you left your office at half-past
eleven?”

“That’s right.”

“Vy ees did you buy the steak—at
what market in the Reading
Terminal?” The Reading Terminal
Market, it should be explained, is im-
mediately behind the Reading Railroad
station at Twelfth and Market Streets in
Philadelphia. It actually is not one

- market—it’s a large building with many

shops under one roof.

Wodlinger told us the name of the
butcher. He was a constant customer
there and they knew him well.

“At what time did you get to Wein-
grad’s house?”

“A little after half-past twelve, I
think.”

I shot off on a different tack. “Did
your wife wear rings, Harry?”

He appeared surprised at the
question. Possibly because I should
have taken it for granted that his wife

Captain Engle: "Don't worry about
our mistake. Just find. the killer"

wore rings. Or possibly for some other
reason.

“Certainly,” he answered calmly.
“Why do you ask?”

“Because they’re not on her now.”

“They're not!” he exclaimed. He rose
at once and without further word
hastened upstairs and to where Mrs.
Wodlinger’s body was lying, now cov-
ered by a bedsheet. He steeled himself
visibly, then bared her left arm and

een 8: PAE A St me ema

Ge Pegasaateah pol we

ee
Yj

looked at the mutilated fingers. Then
he turned and walked into the front
bedroom, and went to a. jewel box,
opened it and fingered through it. He
opened a closet, examined the row of
dresses, coats and furs hanging there
neatly, closed the door and turned to
me. He looked straight at me and a
new light came into his eyes. __
“Sam,” he said quietly, “this was
robbery. I’m sure of it. Who would

Se rial ee en

tg,

want to kill Freda, except to rob !
They killed her just for a few rings

“Can you tell us what was taken

“Yes, I’m sure I can.” He went b
to the jewel case, examined its cont:
for awhile, and then opened a la:
handbag lying on the dresser. ‘The
not much missing. A string of pe
worth about two hundred. There
a hundred in cash in this handba;
gave it to Freda this morning. A
furpiece worth about five hundred,
the two rings on her finger, the diam
ring and the wedding band, bott
them worth about two thousand. Th
all I can find at the moment. I’ll ci
for more when I’m able.”

“Harry,” I said, “I’m sorry to hav
dig into you like this—but you un

stand.”

“Go ahead, Sam. I understand.’

“Would you mind coming down to
kitchen?”

“Not at all.”

In the kitchen I pulled open the k
drawer. “There’s one missing, Ha
From this slot.”

“The bread-knife was in there
sharpened it myself last Sunday.”

(Continued on Page 45)


1e ssumbled across the body
oO report the.incident to po-
of being involved.

's Horace Vincent and Stan-
2 fictitious to protect per-
ntly involved in this case.

irstin
TIVE STORIES

he State Highway Patrol
ed to set up road blocks.
ads of officers throughout
Jlifornia were pressed into a
s. Rickey's missing Pontiac,
believed to contain two of

ly on that same morning,
and his men decided to
: San Jose laundries *and
ablishments. San Jose was
key city, hence the logical
gin. The officers walked
ere weary, questioned until
arse, scanned records until
uble. They learned noth-
0 p. m. they had covered
leaning establishment. In-
y were told the same thing:
it this tag isn’t ours. In
know of any San Jose shor
is numbering system.”

it, or whatever the strip of
had-come from, had not
i locally. That meant the
ld have to make inch-by-
; of all laundries in the
wns that dotted the coun-

ssible,” said Perusina. “It'll
g.

bet is the dog,” the Sheriff
san we make the dog talk?”
Ons.

1e jangled harshly and
Swooped it up. Sergeant
of the Mountain View. po-
the other end of the wire.
st spotted the stolen Pon-
n the outskirts of his town!
e and his men roared the
Mountain View in a fleet
ts. There, with the aid of
went over the empty Pon-
y. The only clue was the
3ecause it was parked on
Mountain View, -it seemed
> the criminals might be
t the small town.

ite the investigation, the
ito two squads. One squad,
erusina, was detailed to
she local cleaners on the

=
=
ae

the ice-cream business.”

The officers weren’t concerned with
the ice-cream business. What they did
want was to know who owned the enig-
matic jacket. . ;

“Might be one of those three kids
who hang around the cigar stand a
block or so from the bank,” the woman
answered. “Nope, I don’t know their
names and there’s no need to yell at
me, Sonny. Why, I’ve half a notion
to put the police on you for being so
uppity.” ‘

The officers sped to the cigar stand
where they found a short man with
apple-like cheeks and a stained, wal-
rus mustache in charge. . e

“Yes, I have seen them hoodlinks,
said the man, lighting a stubby cigar.

“You mean hoodlums?”

“Yes, that’s it—hoodlinks. Their
names I do not know, but they are. al-
ways hanging around the poolroom.
Such poolroom loafers you never saw.

But This Trilby

opened several other drawers and
closed them and then he said, “I can’t
find it. Do you think—”

“Yes.”
- “But who? Who could have done
it?”

“Was Mrs. Wodlinger alone when you
left her this morning?” - .

“No... The maid was here.”

“Where is she now?” -

“Thursday is her afternoon off.”

“How long have you had her?”

“This was the third day. Freda hired
her on Monday and she came to work

- on Tuesday.”

“Did she live in?”
“Yes.”

“Let’s take a look at her room.”

. Wodlinger led the way to the upper
part of the house, to a small room in
the rear with one window facing the
street. It was furnished simply with a
dresser, small bed, two chairs, a lamp
stand and a bookshelf. Wodlinger
walked over and opened the closet, re-
vealing several maid’s uniforms. He
opened the dresser drawers and then
looked deeper into the closet and then
turned to us.

“She’s taken more than the after-
noon off. She’s taken every stitch of
her clothes.” His eyes suddenly lost
their grief and he became tense and his
voice grew more excited. “She had a
big suitcase when she came here, and
that’s gone too. Why should she run
away? She seemed satisfied with the
job here, and Freda liked her.” He
stopped talking again and looked

“Where is Greco now?” asked Niel-

sen.

“Inside with his pal, Don Perkins, I
’spect. Come to think of it, Perkins
does wear one of them jackets.” :

That was all the officers - needed.
They ‘threw a hasty net around the
building, then Drexel, Hornbuckle,
Gibbons and Nielsen plunged through
the front door. At the rear of the dim
interior they spotted Mario Greco and
Don Perkins—Greek and Blackie.

That same instant, the two men spied
the police. Blackie bolted around one
side of the room, and the huge Greco
hurtled around the other side.

Hornbuckle, Gibbons and Nielsen
leaped into Perkins’ path. Big six-
shooters blossomed magically in the
detectives’ fists. Perkins veered, came
to a halt.

Meanwhile, Greco was thundering
down on Drexel like a bolt of chained
lightning. d

Cale Wile SLUDDOTI
February 6, des] sitive identifi-
cations by the F amily, Hunley
continued to maintain his innocence.

“So someone gave this guy and his
dumb family a bad time,” he said,
sneeringly. “What am I supposed to
do—bawl?”

The taunt was too much for Rickey.
Although he was still in a critical con-
dition and the criminal was far bigger
and heavier, he burst through the cor-
don of officers and flung himself on the
bandit. Hunley launched a vicious blow
for Rickey’s chin. It never landed. For
at that moment a choppy, dynamite-
packed right exploded in his face. Hun-
ley toppled backward.

“Get Rickey away from me,” he
whimpered to the police. “You’re the
Law. It’s your job to protect me.”

Hornbuckle and two deputies re-
strained the restaurateur. Rickey
voiced his regrets when he had calmed

L riuimey., Un

adumping MOSU Ol 1t 1h Le Day lear Lie
Dumbarton Bridge in a fit of panic.
Hunley, possibly to save face with his
pals, continuedly denied ever getting
the $800. .

N JUNE 3 the three were found
guilty by a jury at the Santa Clara
Superior Court. On June 11, Superior
Judge William F. James sentenced
Hunley to two terms of from five years
to life for first-degree robbery and first-
degree burglary. Hunley was given an
additional sentence of from one to ten
years for assault with a deadly weapon.
Perkins received the same sentences. It
was decreed that both men should serve
their terms consecutively.

Mario Greco was handed the same
burglary and robbery terms, but he was
not charged with assault and his sen-
tences are to run concurrently. Upon
the judge’s decision, all three men were
sent to San Quentin.

Went Too Far (Continued from Page 27) OFFICIAL DETECTIVE STORIES

thoughtfully at me. “No, that’s not
possible. Why, she was only a kid.

* What do you make of it, Sam?”

“Can’t tell yet, Harry,” I answered.
But in the few minutes we stood there
the old brain was working fast, shuf-
fling ideas, theories, deductions. Wod-
linger had phoned his wife, he said, at
11:30. Surely if the maid had walked
out—if she had quit her job innocently
and entirely unconnected with the
murder—Mrs. Wodlinger would have
mentioned it over the phone to her
husband. Unless the maid had quit
between 11:30, when Wodlinger
phoned, and one, when he reached his
house—which was difficult to believe.

And the maid? -How big was she?
Only a kid? Could a kid pull a job like
this? This stabbing required plenty of
power, plenty muscle. Sure, I knew a
lot about maids stealing in homes and
beating it. We had a long list of them,
and had put quite a few in jail for that
racket—getting a job in a rich home,
stealing stuff and beating it without
waiting to be paid. We had a little
rogues gallery of these petty thieves
back at the station house. By gosh,
that gallery might come in handy now.

“You said the maid was only a kid,
Harry?”

“Not more than twenty-one, I’m sure.
She was the quiet type, and efficient,
Freda said.” e

“How was she built?”

“I'd say she was about five feet two.
slender, not more than a hundred and
ten pounds.”

. It didn’t click. I couldn’t see how a
slender kid in her early twenties could
stab and hack a woman to death. Rob,
sure. But kill? I just couldn’t buy the
idea. For the life of me I couldn't
picture a slip of maid getting a job ina
home like this to kill and steal. If she
wanted to steal something, anything,
she wouldn’t have to stab her mistress
to death. killing of Mrs. Wod-
linger was a savage business. It fairly
screamed more. motive than robbery.
Someone had gone wild, berserk, and
0 her have it in one great eruption of

ury.
“What was her name?” I asked.
“I only knew her as Evelyn.” .
“Did you get her through an employ-
ment agency?”
“Yes. The Sargent Agency.” ;
“What was your impression of her?

4¢] AGREED with Mrs. Wodlinger. We

thought we had at last found a good»

maid. She was efficient, clean and
knew her job. Never spoke very much,
and appeared thoughtful all the time.

Quite reserved, I'd say. She made a.

good impression.” :

I looked at Wodlinger and studied his
eyes, his attitude. Here I was, a close
friend, putting him through the usual
ringer of questions, sometimes sharp
questions that pulled no punches, and
never once did I detect in him any
fright, or fear, or the kind of revealing
nervousness that persons in his situa-
tion sometimes show. Even in his grief
he was eager to help, eager to answer

any question he could, and his answers
about the maid certainly were disarm-
ing. He easily could have done some-
thing-else, answered differently, more
evasively. But he didn’t. “She made a
good impression.” That answer made
a good impression on me. But I was
working on a murder case, I told myself,
and murders turn up screwy stuff some-
times, crazy angles, weird circum-

stances.
“What was her last name?” I asked.
“Why, I don’t know, Sam. But I’m
sure you can get it at the employment
agency. The only thing‘ know is that
e came here well-recommended and
did a good job.” .

I waited a moment or two before ask- —

ing the next questions and I asked them
pretty softly, as I kept watching him.

“Harry, tell me, do you know of any-
one who had a grudge against your
wife? Is there some circumstance,
some happening anywhere in her life
that would cause someone to sneak into
the house and kill her this way?”

He answered slowly, with tears full in
his eyes. “You knew Freda a long
time, Sam. And I knew her from the
time she was a young girl—she was my
only girl. Everyone loved her. You
know that. That’s why this is such a
tremendous shock—such a—” He
couldn’t speak any more, and he stood
there and wept.

I walked over to him, put my arm
around him and led him back to the
living-room, where Weingrad was still
waiting.

45


missing car and its driver. It was froma station on the outskirts
of Tannersville that Donaldson got his first lead.

A telephone call on Wednesday from Trooper Hennessey of
the Pennsylvania highway motor patrol sent the Scranton de-
tective plowing through the blizzard over the roller-coaster
route that meanders around the Pocono mountains on the way
from Scranton to Philadelphia. Ordinarily he could have made
the distance in less than an hour. Bucking a gale it took him
more than two.

“IT used to work for that taxi company,” the attendant told
Donaldson. “That's how I got to thinking when a Willys Knight
limousine with a taxi number stopped for gas around twelve
o'clock Saturday night. It was like one of their regulation cabs.
They don't have a meter, but they have a card on the wind shield.
This didn't, but the holder was there—empty. . . . No, I didn’t
get the license number; it was plastered with snow.”

Donaldson asked for a description of the driver. “Was he
wearing a sheepskin coat and a visor cap?”

The attendant couldn’t give much of a description of the
driver, but he knew the fellow was not
Wearing a uniform cap.

“His cap was pulled low over his
brow,” the man said. “In spite of that I
got a look at his eyes. They were dark.

Quietly, before anyone knew what
was happening, the pair was
taken into police custody.

i - if wil

Py

Pa,
o

His face was thin and sallow looking, but sort of boyish. No,
he didn’t act nervous, But he was irritable because I didn’t fill
her fast enough to suit him.”

The driver had not gotten out of the car. But the attendant
guessed his height to be about five feet ten.

Five feet ten, sallow complexion, dark eyes.

Donaldson pondered this description as he drove back to
Scranton, It could apply to thousands of young men walking the
streets and living in furnished rooms. It could apply to Joe
Butler who had roomed at the house on Adams avenue. It could,
vaguely, apply to Johnnie Lowry whose face was thinner than
it appeared in the snapshot and whose eyes might appear darker
when in shadow.

On his return to headquarters, Donaldson stepped into the
identification room and spent an hour on the files. It was tedious
work checking criminal cards that had Joe Butler as either a
real name or alias.

He found three Joe Butler cards. All described men beyond
the age limit of the wanted man. Four ex-cons had used Joe

Butler as an alias, but their records
showed they were safely back in the pen.

Donaldson next selected pictures of
hoodlums who specialized in stickups and
stealing cars. He took half a dozen of
those to the landlady on Adams avenue.

“I never had much talk with Mr,
Butler,” she told the detective. “He took
‘just one look at the room and paid four
dollars for a week’s
advance rent. He was
nice spoken and quiet.
Then a day before his
week was up he told
me he had to go to
Philadelphia. His sis-
ter was in some sort of
trouble. I don’t see his
picture in these cards,
but I probably couldn’t
recognize it if I did.”

f “Let’s see your reg-
= ris

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“4 peseeede +
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pees oben hette «sas StIN
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e? $43 to
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stehses a's Soassea]
7 e at” 4 {
has 4 4

ister,” Donaldson +
signature with the
She brought out
And right there |
Butler was a suspec
of a young man.
“Did he write th
She peered down
ber now. He asked
to hold the pen.”
Donaldson made
permanent home
checked this with
named Joe Butler
lived there.
He had no better
had telephoned. Th:


of boyish. No,
iuse I didn’t fill

ut the attendant

drove back to
nen walking the
ld apply to Joe
ivenue. It could,
‘as thinner than
it appear darker

stepped into the
s. It was tedious
itler as either a

bed men beyond
is had used Joe
t their records
back in the pen.
‘ted pictures of
lin stickups and
half a dozen of

Adams avenue.

talk with Mr.
ective. “He took
m and paid four
; for a week’s
ce rent. He was
poken and quiet.
a day before his
was up he told

had to go to
lelphia. His sis-
s in some sort of
e. I don’t see his
e in these cards,
»robably couldn’t
ize it if I did.”
t’s see your reg-

aa erSearrreee
A Pere SeeaL BY
Pubes + Seenerte ®
eaeeneee
eens ‘

ister,” Donaldson said. “We'll compare the handwriting of his
signature with the signatures on these cards,”

She brought out a ledger book filled with scrawled signatures.
And right there Donaldson got his first intimation that Joe
Butler was a suspect. The writing was spidery—not the writing
of a young man.

“Did he write this?” he asked Mrs. Simpson.

She peered down at the writing. “No. That’s mine. I remem-
ber now. He asked me to write it. Said his hands were too cold
to hold the pen.”

Donaldson made a note of the address given by Butler as his
permanent home on West Street, Camden, N. J. When. he
checked this with the Camden police, he learned that no one
named Joe Butler, or of Joe Butler’s description had ever
lived there.

He had no better luck with the tailor from whose shop Butler
had telephoned. The man inspected the pictures conscientiously.

#.

He would know the young man if he saw him again, but he
wouldn’t swear the suspect looked like any one of the three
photographs Donaldson showed him. Those three looked a trifle
like him but the young man who telephoned always wore a hat
which changed his appearance.

Then on Saturday morning Capt. A. J. Reilly beckoned De-
tective Donaldson to the inner ofhce.

“Might be something in this.”

He extended the letter written by the marine from the Norfolk
barracks and telling of the car he had seen that night on West
Mountain.

“I wonder if it does tie up,” Donaldson said after a swift
glance at the contents. “I think we have something in that gas
attendant’s story. But why would Butler detour by way of West
Mountain? Of course he might have taken a wrong turn in
the storm.”

Donaldson had his doubts but he was not passing up any leads.

West Mountain sprawls over miles of territory. At the present
writing it is crossed by the Morgan Highway, as fine a turnpike
as there is in the country, but a few years ago it was criss-
crossed by rutted dirt roads, used by woodsmen, small farmers,
and game hunters during the season.

To search West Mountain for a missing taxicab or a man’s
body would be like looking for the proverbial needle in a hay-
stack. However, Donaldson knew there was one way he could
obtain a bird’s-eye view.

He dialed a number and spoke to a friend who owned a plane.
Three hours later he was climbing into the cockpit and strapping
himself to the seat.

The weather had cleared.

Overhead was an intensely deep blue sky banked on the hori-
zon with snow-packed clouds that presaged a return blizzard.
Below, fir and scrub oak were tufted with frozen balls of snow.
It was a peaceful scene which concealed effectively the dan-
gerous crevices and gullies into which an automobile could drop,
or be pushed, and hidden until spring brought the thaw. It would
be futile, Donaldson knew, to attempt a detailed search of those
deep gullies for young Lowry or his car—futile and full of peril
for the searchers.

RENTS of the missing chauffeur organized a posse, but
their ground search was fruitless as the quest from the sky.

None but the marine corps witness reported having seen a car
resembling the fugitive Willys Knight. And as days passed, no
further tangible clue was sent in. Of course, tips came in to
headquarters.

Johnnie Lowry had been “seen” here and there from Scranton
to Sacramento and all leads were checked by local police in the
various territories, but to no avail. f

Young Lowry’s friends were loyally convinced he was the
victim of foul play. Though none but the marine had seen the
phantom taxi on West Mountain, Detective ‘Donaldson, after
thoroughly investigating the service man’s reputation for truth-
fulness and hardheadedness, believed his story. This, then, was
not a simple case of a stolen taxicab, But yet, there was no
official status on the case, and his department was as always
working on all cylinders in holding in check crime in those
turbulent times in the coal regions.

Other, definite’ murder mysteries, engaged their attention.
Pennsylvania state troopers, hunting a man suspected of a,bomb-
ing atrocity in West Pittston, had discovered the skeletons of
three men in an abandoned mine shaft and had called on Scran-
ton city police to round up suspects who at one time had worked
in the vicinity of the abandoned mine. And bodies of two pros-
titutes, badly mutilated, had been found in a packing case on
the outskirts of Scranton.

However, Private Detective Rafter kept concentrating on the
Lowry case. He sent out lines checking on all thieves listed in
the Scranton detective bureau’s modus operandi file.

Then, as so often happens in detective cases, two breaks in
the Lowry mystery occurred within a short time of each other.

The first came on Feb. 12 in the form of a telegram from Chief
of Police Thomas Hogan of Runnemede, N. J., nine miles from
Philadelphia.

“Taxicab, License Number 06-757 found in copse of woods
known as Iris Hill, suspicious stain on rear door. Await your
instructions.”

41

ee ne ee eee ae Se Sofie


Detective onalds ob-
tained a brief interview with
the commissioner which sent
him in a police racer to the
picturesque red brick building
which houses Runnemede’s
dark-haired, keen-eyed police
chief,

“When did you find the
car?” Donaldson asked when
he was seated in Chief Hogan's
office.

“It was discovered—” Ho-
gan glanced down at a report
“—on February fourth by a
couple of woodsmen. They re-
ported it to me three days later
after talking it over with their
friends. I drove out. It’s an
isolated spot, reached by a
narrow wagon road. The car
Was in a ravine covered with
snow. I had to get a fire truck
to haul it back on the road.
Come, I'll show it to you. The
engine was frozen solid,”

D TECTIVE DONALD-

ON followed Chief
Hogan to a garage back of the
building.

“That's it.” Hogan pointed
to a dilapidated car.

Donaldson entered and ex-
amined it carefully. The left
front tire was flat, the once
glossy maroon enamel was
scarred with deep scratches, a
fender was badly bent, win-
dows were broken.

“Looks as though it was in
a bad crash,” Donaldson com-
mented.

Chief Hogan shook his head.
“The road to the ravine from
the highway is narrow and
rough, and is about a mile long.
That’s one reason I guessed
the driver hadn't just missed
his way and taken a wrong
turn. Then when we hauled
her out of the ravine and I saw
the license plates were missing,
I guessed somebody had
dumped her there on purpose
to hide her for some illegal
reason. After we thawed out
the engine, I sent its serial
number to the Harrisburg ve-
hicle bureau. It wasn’t until
this morning’s mail that I
learne?? from them the license
number and that the car was
hot. If the tools had been miss-
ing I might’ve suspected it
sooner.”

“So the tools are all there ?”

Chief Hogan nodded. “A
complete set, high grade. Only
thing missing is a flashlight
that cars usually carry around
the mountains. Probably who-
ever dumped the taxi-driver
took the flash to find his way
back to the main road.”

Donaldson opened the rear
door and looked in. Exposure
had stained the upholstery but

42

At 3:30 2
closed anq
her love


At 3:30 a. m., when the restaurant
closed and the girl came out to meet
her lover, the officers closed in.

there were no traces of blood on it. Only the door handle held a sinister
red stain.

“T didn't monkey with that,” Hogan remarked seeing the detective’s
interest. ‘I wanted you to see it exactly as we found it. I can get a
chemist from the Trenton. laboratory—”

But Donaldson had brought along his own portable laboratory.

“Until we’ know more,” he remarked, chipping off a fragment of the
red substance, “we can’t tell in which state the crime was committed.
We know the car left a Scranton garage. Somebody abandoned it here
in New Jersey. But whether another crime more serious than an auto
theft was committed in your state or in Pennsylvania, we don’t know.”

“You mean murder?” Hogan asked.

“We suspect foul play,” Donaldson evaded. “This may not be human
blood. Taxicabs are sometimes used by hunters.”

Deftly he smeared the fragment on a slide, manipulated several glass
vials of liquid and a dropper.

“That benzidine test shows that it’s human blood, all right,” Donald-
son stated at last, replacing the vials in their case. “I've left plenty for
the formal tests which the county’s forensic chemist will make. Better
have that car locked up, Chief. It may send a murderer to the chair.”

“Have you any idea who the murderer could be?” Hogan asked.

Donaldson’s jaw clenched. “An idea, yes. But just an idea, No
proof yet. But a murderer usually makes at least one mistake. And
I believe our phantom taxi robber has made his.”

“What was—" *

Donaldson smiled grimly. “He made the mistake of going up West
Mountain and then dumping the car in Runnemede, New Jersey.
Either of those localities alone would not have given me any hints, but
the two of them tie in together to fasten suspicion on one man.”

“Looks like a revenge killing to me—if the Lowry lad is dead,”
Hogan said, “But that’s due to a single factor—those tools. Seems to
me a thief would have lifted the tools even if he didn’t dare try to
dispose of the hot car. The tools were as good as cash.”

Donaldson admitted that he had considered that angle. “But the
whole case is still vague. And,” he pointed out, ‘we haven’t found the
body yet.”

“You still think it’s murder ?”

“T’m sure of it.”

“Can I give that out to the reporters?” Hogan asked.

The Scranton detective considered. “It won’t do any harm to say
we expect to make an arrest inside the next twelve hours. Not one
arrest but several. If it scares our suspects it still won't harm our
case. I have several suspects in mind. I know, now, who I’m looking
for and I believe I can find them.”

“How about the boy’s body? Got any idea where it might be
hidden ?”

Donaldson nodded. “West Mountain,” he said gravely.

Berge he left Runnemede the detective put through a telephone
call to his friend Rafter in Scranton.

It was mid-afternoon when Donaldson parked his car outside the
building where the private detective had his office. He climbed the
stairs in leaps and without taking a chair began to run through several
sets of reports which Rafter had assembled for him following the tele-
phone call. The folders contained reports by Raifter’s operatives and
included not only established facts but also tips garnered from
Scranton’s underworld.

“Here are the ones you wanted especially, George,” Rafter said.
“Taxi robberies in which the modus operandi is to lure the driver onto
a lonely road and stick him up with a gun.”

Hurriedly shuffling through the folders, Donaldson stopped suddenly
and picked‘one out. His eyes narrowed. The folder bore the name
“Ralph Russell Sloat.” “That’s the baby we’re looking for,” he said.
turning to Rafter. “What have you got on him recently ?”

“Sloat was seen recently in Camden,” Rafter said. “He's probably
mooching off his sister. Know him?” :

Donaldson nodded. “Yes: I know him. What's the sister doing?”

“She had a sweetheart in Camden, fellow by the name of Matty
Pearce. He had a job managing a restaurant. He got her a job as hat
check girl in another restaurant in the same town.”

“You said ‘had’ and ‘was.’ Why the past?”

“They've probably both taken a powder. The boy friend, Matty
Pearce, is definitely on the Jam. At four in the morning, February
fourth, the cop on the beat found the door of the restaurant where he
worked open. The till had been emptied and there was a revolver miss-
ing. The owner of the restaurant didn’t know when the gun was taken.

¥ [Continued on page 60}

43

Metadata

Containers:
Box 34 (2-Documentation of Executions), Folder 14
Resource Type:
Document
Description:
Benjamin Robinson executed on 1955-04-25 in Pennsylvania (PA)
Rights:
Image for license or rights statement.
In Copyright - Educational Use Permitted
Date Uploaded:
July 4, 2019

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