208 PACIFIC 963
MOHAMMED, Ullah, hanged at San Quentin (Sonoma) on April 13, 1923.
"San Quentin, April 12, 1923-Today is Allah Mohammed's last day on earth, as he is sentenced
to hang here tomorrow. According to prison regulations, a condemned man's last re=
quests are always granted, Even this scant comfort is denied Mohammed, who was con-=
victed of killing Allah Akbar, for Mohammed can s peak or understand no English, He
is waiting for just two more things in this life - the arrival of a brother today,
Mohammed Singh, and the hangman's noose tomorrow morning, He is spending most of his
time mumbling prayers in Mohammedan," IMPERIAL VALLEY PRESS, El Centro, CALIFORNIA,
April 12, 1923 (1:7.)
the weak and frightened male in the pres-
ence of a lovely woman. Had Carrie been
very bright she would have sensed this,
would have understood the strange By:
ing spells which preceded the beatings he
gave her, But Carrie wasn’t bright and
she was doomed to be the first and only
woman Charley ever dominated.
Being superior to one woman, and en-
joying her earnings, gave Charley ideas
of expanding. He thought of having a
string of women, and he began looking
around. In the same house where Carrie
worked was Caroline Prenel, a frail, little
girl with a wealth of long, black hair.
ie WAS astrange scene that May night
in the rear room of the Pike Street
house when Charley, the big, red-
bearded ex-con, told Caroline, the frail,
still-pretty prostitute, that he was taking
charge. Instead of being frightened of
him, as he expected, she smiled and shook
her head.
“No, Charley,” she said. “I like you too
much for that. I’m going to leave this
wicked business. I’m going to stay just
sg So Hg to get some money so I can
go back to-Kansas where the people are
good and decent.”
Before he realized it, Charley was
deeply touched and it made hii angry.
“Caroline, I won't have it,” he said. “I'm
ag charge.”
Without turning, she shook her head,
“No, Charley.”
Her tone as well as her words told him
that her mind was made up. For a mo-
ment Charley stood staring at her. He
felt that watery feeling in his knees, and
then he heard Carrie’s laughter as she
went down the hallway with a customer.
He made up his own mind then. He
stalked toward her, his big hands open-
ing and closing.
Only a gurgling sound escaped her lips
as she clawed vainly at his cowertal
sneess around her slender throat, and
kicked wildly, He almost lifted her from
the chair with his grip. She stopped
struggling in a moment and he dropped
her to the floor.
Charley stood over her lifeless body
and somehow he felt good about it, felt
strong and powerful. “Slut!” he kicked
her. He reached down and slipped off her
rings and pulled the roll of bills from
beneath her garter, then he strode mas-
terfully from the room.
But outside her door fear took hold of
Charley. He realized that he would have
to get out of town fast. He rushed down
to Carrie’s room, ordered her customer
out and told her to get her things. They
left py the back way and caught the
morning boat for Sacramento.
Charley found things changed in Sac-
ramento from what they had been in 1861,
when he first arrived. The great develop-
ment of the Sacramento Valley into an
agricultural area and the rising impor-
tance of the Capitol City, had changed
the character of the town. Gambling and
prostitution were under strict control by
the people who had the right. political
connections.
Until he had a chance to get acquainted
with the new set-up, Charley had to be
66
content with rolling’ drunks and taking
men to the room he and Carrie shared in
the Mechanics Exchange. With the po-
lice watching petty crime closely, both
rt dangerous and neither very profit-
able.
Mrs. Mary Shaw, a middle-aged, fiery,
quick-tongued woman, operated a saloon
on I Street. Known as Mrs. Gibson, Mary
had come to Sacramento in 1851 and ac-
quired title to considerable property by
unconsidered methods. She had become
widely known for her venomous opposi-
tion to the Southern Pacific Railroad
when that company tried to appropriate
some of her property for a right-of-way.
Admired by the lower classes, despised
by the upper crust, Mary enjoyed her
reputation for.doing what she wanted to
do and of having the most objectionable
saloon in the city, which she operated
single-handed. ;
When Charley learned all this he got a
new iden. With Mary's money, political
connections, and property he could start
his own bawdy house. Although he had
in the back of his mind the idea he would
later take over the business, he was will-
ing to be just her partner in the begin-
ning.
The idea seemed a good one, and
Charley, with Carrie, hung around the
saloon most of the time. It seemed better
when Mary took a liking to the handsome,
red-bearded Charley. He made a few
passing hints and Mary didn’t indicate
any objection.
On the night of September 19, 1872,
Charley sent Carrie back to the room
early and he hung around until the last
customer was pushed out the door after
midnight. At his suggestion, they went
back into Mary’s quarters, in the rear.
There, over a bottle of beer, he explained
his idea to Mary.
But Mary was a shrewd, hard woman
about business. “No, Charley,” she told
him frankly. “You're not the type to run
a business like that.”
The words cut deeply into Charley’s
ego. Rage flared up in him and he lunged
toward her, his hands reaching for her
throat.
Like Caroline, Mary Shaw fought
desperately. In her struggle she grabbed
his heavy red beard and tore out a hunk
of it. The pain added to Charley’s fury.
When she went limp, he snatched up a
hunting knife which lay on a table and
drove it into the side of her neck. Blood
spilled out the wound, spurted over the
bed and over Charley’s clothing.
With Mary dead, Charley quickly tore
three rings from her fingers, and reached
beneath her flowing skirt to rip a wad of
greenbacks from a pocket in her petticoat.
He searched the room for other valu-
ables. Finding none, he grabbed up
several dresses and a coat because he re-
membered that Carrie needed clothes.
Charley went out the front door and
neglected to: fasten it. As he hurried
through the darkened streets he ran
smack into Offer Tom Harris, a lean,
lanky patrolman who had just come on
the force.
Thinking fast, Charley told him that
he had been to a friend’s house to get the
clothing for his wife, and that two men
had beat him inya robbery attempt. Har-
ris, who saw no reason to doubt him,
said, “The scoundrels ! Come, I’ll see you
safely home.”
In his room, he woke Carrie up and
showed her the clothing, the rings and
the money, and told her what had ha
pened, Careie began to cry and told
Charley what a terrible thing he had
done. Charley’ started to beat her for it
but suddenly he changed his mind and
he fell sobbing into her arms.
The next ‘morning Chris Weiderholt,
a citizen, saw the door of Mary’s saloon
open and no one around. He notified ‘
Officer Kent Wentworth, and he soon
found Mary’s body on the blood-soaked
bed. Between her lifeless fingers was the
hunk of reddish hair which she had torn
from Charley’s beard.
When the report of the murder and
robbery reached police headquarters, Of-
ficer Harris rem@mbered the red-bearded
man he had escorted to the Mechanics
Exchange. He ‘went back and arrested
Charley just as he was finishing shaving
his face clean of his red beard.
With the evidence of the_reddish hair
in Mary’s hand, the rings and money
they found: in Charley’s pockets, the
~ clothes in the room, and the blood on
Charley’s ‘clothes, the Grand Jury
promptly indicted him for murder. But he
didn’t give up hope, for Charley had an
idea of beating the case.
, be HIS cell in the old stockade jail,
Charley wrote out a set of rare
which he wanted Carrie to testify to on
the stand. It'was a story which would
have proven him innocent. He gave the
sheets of paper to Carrie when she came
to visit him, and she took them away. But
Charley didn’t know that the none too
bright Carrie had already told the police
everything, or that she handed the things
he wrote out to Jailor Manuel Cross as
she went out.
She not only told about the murder of
Mary Shaw but she also told about the
murder of Caroline Prenel, and gave the
police one of Caroline’s rings which
Charley had let her keep.
At the trial, on March 12, 1872, Carrie
Spencer repeated her story from the wit-
ness chair, and sealed the fitting fate for
Charley Mortimer. On March 29, he was
sentenced to be hanged.
But be
strange t’
onthe mo
heard the
ing. It
was rung
used by «
of the jai
It wa:
and Cros
in his ha
he saw a
the gate.
and had
Cross ca
had a gu
gun, Cro
shots sti
gun and
lapsed in
When
velled th
Johnnie
night, |
was, and
pened to
Ginge:
certainly
And rea
Johnnie :
She sai
posin’ you
am I supp:
Smitty ¢
was on fa:
kid who th:
“T’ll be w
after five. \
T’ll tell you
For all «
was ina t!
only gettir
in a nice r:
First ch
the washr
plexion, t
and putti:
lucky thi
pumps S:
down ap;
legs. Just
knows w!
xome,
Dinne:
It was 1
Ginger h
super-pal
about in
when shi
what kin
he told t'
Smitty
one. U:
Ginger t:
her job
she wish
the mov:
ood
the
tore
‘hed
ad of
coat.
yalu-
up
c Te
Ss.
and
it ried
ran
lean,
ne on
) that
-et the
» men
Har-
t him,
ee you
ip and
gs and
id hap-
ad told
he had
‘r for it
ind and
iderholt,
‘s saloon
notified ‘
he soon
.d-soaked
. was the
had torn
rder and
cters, Of-
\-bearded
{Sechanics
| arrested
y shaving
ddish hair
and money
rickets, the
» blood on
and Jury
rder. But he
rley had an
ockade jail,
et of facts
testify to on
vhich would
He gave the
en she came
an away. But
the none too
sid the police
‘ed the things
juel Cross as
che murder of
cold about the
and gave the
rings which
2, 1872, Carrie
» from the wit-
fitting fate for
rch 29, he was
sep satin
—
sectiatnssncnte ieee
But before Charley was hanged a
strange thing ha pened. At 1:30 o'clock
on the morning 0 April 16th, Jailor Cross
heard the bell at the stockade gate ring-
ing. It was a small clapper bell which
was rung by jerking a leather string and
used by outsiders to attract the attention
of the jailor.
It_was an unusual hour for visitors,
and Cross went out with his six-shooter
in his hand. As he approached the gate
he saw a man in the moonlight entering
the gate. He was hatless and barefooted
and had his coat on wrong side out. As
Cross came closer he saw that the man
had a gun in his hand. When he saw the
gun, Cross fired from the hip twice. Both
shots struck the man, who dropped his
gun and staggered into the jail and col-
lapsed in front of Charley's cell.
When Cross examined the man he mar-
yelled that he had moved after, his two
Johnnie's brother. When you passed last
night, I asked who that beautiful girl
was, and he told me. That’s how I hap-
pened to come in here.”
Ginger felt a thrill of excitement. He
certainly was much older than Johnnie.
And real smooth, too. Why, he made
Johnnie seem like a kid!
She said pertly, “So what? So sup-
posin’ you did notice me yesterday, what
am I supposed to do about it?”
Smitty gave her a big, pearly smile. He
was on familiar ground. Another dopey
kid who thought she knew all the answers.
“TL be waiting outside for you at ten
after five. We can go cat somewhere, and
T'll tell you.”
For all of Dingess assumed calm, she
was in a tither o excitement. It was not
only getting a free meal—and probably
in a nice restaurant—but what a man!
First chance she had, she ducked into
the washroom and did a job on her com-
plexion, taking off all the old makeup
and putting it on fresh. It was a darned
lucky thing she’d bought those new
pumps Saturday, she thou ht, looking
down approvingly at her slim, shapely
legs. Just went to prove that a girl never
knows when her big chance is going to
come.
Dinner proved to be a wild success.
It was not only a nice restaurant, as
Ginger had expected, it was one of those
super-palaces she was always reading
about in the newspaper ‘columns. And
when she told ‘Smitty she wasn’t sure
what kind of wine she wanted to drink.
he told the waiter what to bring.
Smitty was helpful in more ways than
one. nder his skilled uestioning,
Ginger found herself telling him all about
her job and how she hated it and how
she wished she could get into a show or
the movies or something, where a girl
shots. One of them had struck him in the
breast, and the other had struck him in
the mouth. In the light, Cross recognized
him as a young man who had the day be-
fore, under the name ‘of Williams, calle
and asked about the health of Charley.
Papers on the young man indicated
that his name was W. M. Flinn. Charley
was taken from his cell to the Wick &
Clark undertaking parlor where he iden-
tified the dead man as his twenty-three-
year-old brother, whom he had not seen
since he left New Hampshire.
Charley had not known that his brother
had come to Sacramento with a foolhardy
idea of rescuing Charley from the hang-
man’s noose. But like Charley, he never
should have tried to match draws with a
man who had lived in the west.
Charley took full advantage of his kid
brother's dramatic attempt to rescue him.
He asked for and got a lock of his hair.
Ae
had a chance to get ahead and be a
success.
Smitty smiled sympathetically. “And
make a lot of money and live in a decent
place and buy nice clothes.”
Ginger agreed fervently. “I certainly
would, if I ever got the chance. First
thing I'd do, I’d move out of that house.
Brother, does that place get cold in the
winter—and 1d! And hot and
muggy in the summer!” The unaccus-
tomed wine was making her feel very
confidential. “The worst of it is, I can't
get caught up. If I want an outfit, I have
to get it in sections. If I buy the shoes,
] got to wait till I get enough saved up
for the dress. And by the time I get a
hat, the shoes are all worn out. I never
have everything all together.”
Tt WAS Smitty’s cue and he grabbed
at It.
“It’s a shame, a good lookin’ kid like
you, All you need is a break.” He reached
for a cigarette. “I can help you. I can
show you how to make money. Plenty
of money. As much as you want.”
Ginger leaned forward eagerly, her
eyes wide. “You mean, bein’ a chorus
girl? Can you,get me in somewhere?”
Smitty controlled his annoyance. “No,
honey, not in the chorus. You have to
know how to dance for that. Besides,
there’s no dough in being a chorus girl.
What do you get—sixty, seventy a
week?
“Now, what I’m talkin’ about—”
He went into detail and explained ex-
actly what he was talking about. There
was no romancing, no coercion—nothing
but cold figures. It was all mathematics,
so far as Smitty was concerned, You
turned so many tricks, you.made so much
money. It was more than you made work-
ing, and a lot easier. “You think it adds
Fallen Girls
[Continued from page 48)
Then, remembering he had been success-
ful with an act in San Francisco, Charley
proceeded to g0 insane, He pretended
that the lock of hair was actually his
brother. He talked to it night and day,
and when a fly, of which there were many
swarming around the jail, came near the
lock of hair Charley would go into hys-
terics.
But the act didn’t work and_ finally
Charley gave it up. On May 15, 1873, he
climbed the thirteen steps to the scaffold
in the jail: yard without aid. With the
early morning wind whipping his red
beard and carrying his useless words
away, he said, “Tf | could lay my hands
on that woman, she'd be sorry.”
They slipped the black hood over his
red beard. then, and his two hundred
pounds dropped quickly through the trap
door.
up to a good proposition, you want to
do it—okay. Here’s your chance. Vil
handle the business end—that way, we'll
both clean up. You don’t want to do, it—
that’s okay too. There’s plenty of smart
girls in the world, I don’t have to waste
my time on a dumb bunny.” ;
Ginger listened. She wasn’t shocked—
she’d heard, too many stories for that,
and besides, her own past experiences had
conditioned her against shock. And she
realized immediately that with Smitty
there was no point in putting on an act
of being insulted. He was too smart an
apple and he’
fall for anything like that.
She considered the idea carefully and
asked a’ few pertinent questions. How
much could she make, and supposing she
got picked up by a cop? Would she have
to go to jail? How did it ‘work, anyway ?
She'd heard things, put she didn’t evn fd
know.
Smitty answered her patiently, ¢x-
plaining that he would handle the busi-
ness end, In a way, she would be work-
ing for him. He would see to it that she
was in a place where she was available
to men, that she wouldn’t have to go look-
ing for them. And if she should get into
trouble with the law, he had connettions.
He knew how to get to the right guys.
When Ginger left the restaurant an
hour later, she was in the business. It
was a way of making money—it was her
big, chance to leave poverty behind. And
nobody need ever know. She could tell
her father some kind of a lie about a
job out of town and as long as she sent
him a few bucks each week, enough to
pay the rent and stay half crocked, he
wouldn't care how she got the dough,
as long as he didn't have to know about
it.
It was a good business proposition so
67
d been around too much to -
n ‘
r
46 CALIFORNIA 11),
MORTIMER, Charles S,, white, 39, hanged at Sacramento, Calif,, on 5/15/1873.
"A fan commonly known as Uncle Jeff, who has been in the habit of daily going to the
grocery store of Mrs. Mary Shaw (or Mary Gibson as she is usually called), went there
this morning, as.usual, about 7 o'clock, He was surprised to find that, contraty,to cus-
tom, the store had not yet been open, and being unable to waken her, he concluded she was
not in; so went around to the police station to ask if she had been locked upy as there
are charges.pending against her in the Police Court of having sold liouor to Indians, He
told the circumstances to Officer “Yentworth, who was in charge of the jail, and Officer
Chamberlin coming in at the time to relieve him, he, deeming her absence suspicious, —-
went with Jeff to the house, They entered the house, inside of which it was yet ouite
dark, and looked without finding Mrs. Gibson and called her without receiving any ansyere
The officer then descend ed to the buskes in the bed of the, slough, beneath and in the
rear of the house to search, and Jeff returned to the front door and hailed Chris, Holt,
who was passing, Holt, being apprised pf the trouble, entered the house, and lighting a
candle, proceeded to carefully examine the rooms, Upon opening the door of a bedroom on
the’ south side of the building, being the bedroom in the rear of the one usuallly occue
pied ‘by herself, and the third room from. the street, he discovered- the missing woman, ly=
ing in an east and west position near the wall, just opposite the door, with her head
terribly mjtilated, ina pool of blood, the left side of her. neck terribly cut, severing
the jugular vein, and her legs beneath a little bed, and drawn up. She was of course
dead, and Officer, Wentworth, returning from his searching, and learning of the discovery,
-- immediately proceeded to. Chief. Rarcher's house and informed him of the, facts, and they in
returning” informed the Coroner, who immediately had the dead body removed to Conbole &
Co's. undertaking rooms, where. it now lies, The inquest upon it will not be made until
tomorrow morning, Chief Karcher. took possession of the premises and immediately secured
the same against all intrusion, The house wherein the murder was done is an old one- stor
. frame house, supported about 15 feet above ths lough, immediately in the rear of the Va-
e
ter Works building, by scantlings, and fronts in Jibboom Ste,'and is, ah every sense of
the word, a rookery where such a crime is quite possible, fhe whole front was occupied
as a grocery store and low saloon. A hall from the store to the rear then divided the
remaining part of the house into - on the south side, three bedrooms, and on the north *
Side - first, a sitting room; then a hall, leading from the hall down the center to a
side door; and next a kitchen, . In the middle of the three southern bedrooms are two smal
and filthy beds. along the -opposite walls,. running, norf$h and sbuth, As nearly as can be
judged from her position when found, Mrs, Gibson had been sitting on the western bed
when her murderer struck her a blow, probably with a tumbler, the broken and bloody frag-
ments of which were found on the floor, The blow must have stunned her, for there are no
evidences whatever in the room of the least struggle, Falling then, or being thrown on
the floor, her throat was cut, evidently with a dull knife, and the blood pouring out
dripped through the poor floor into a pool on the ground 15. feet below. Upon the opposit
bed were several sticks of cheap candy, of the same kind as was on sale in the store, and
besides the broken tumbler, another small water tumbler, nearly filled with stale beer,
was found on a little shelf running on the wall above and between the beds, Some of the
policemenkwere at first of the opinion that the house had been ransacked; but they are so
completely filled with every imaginable variety of rubbish and old wood, in the most fil-
thy confusion, that it is possibly their chronic condition and not the result of an overe=
turning by the murderer...{States Indians originally suspected until discovery"! that
‘in the clenched left hand of. the murdered woman, was discovered a good hand full of soft,
oe curly, reddish-brown beard, evidently torn in the moment of death from her murder
er's face, while her right hand is doubled to strike, She was dressed in her ordinary
daily apparel, but when, she lay dead on the floor, the skirts of her clothing were pulled
viciously from the waists, and a cotton bag in which she carried gold under he clothes
was pulled out, turned anside out and the contents stolen, An additional evidence that
the rooms had not been searckdd is that in Mrs. Gibson's own bedroom, which is between
‘the one wherein she was killed and the store, a bag in which were just 20 dollars in half
Urleans with her husband, John Shaw, ‘They then lived in Sutter's Addition
dollar pieces, was found on top of her bureau in plain sight, Mrs, Mary Shaw, or Gibson,
is one of the -oldest residents of the city, having come here in the early days from New
on the other
side of the slough, upon land held by them as squatters. In 1852, her husband, a fisher-
man, was drowned in the Slough, off the Chinese gardens. ‘The woman, though ignorant had
a wonderful faculty of acouisition, and buying, upon opportunity, the Sutter title to her
oe
‘y got
didn’t
ecided
is cell
5, that
he bad
- asked
co come
jul. He
t’ from
So were
workers
_ There
n Fran-
s looked
reform.
he Wig-
ther jobs
‘y stroke.
h he had
‘ounty. ““T
it up,” he
his soiled
an to have
So impressed by Charley’s reform was
Special Officer John Rose that he volun-
teered to use his own time to take Charley
down to San Jose for the loot. And a few
About five miles out of town Charley
indicated a bush-covered ravine. Rose
halted the horses and they climbed down.
“I'm mighty glad you're doing this,
Charley,” Rose told him solemnly.
At a spot marked by a large stone and.
small one, Charley pointed to freshly dis-
turbed earth. “Here,” he said.
Rose, with complete confidence in, his
prisoner, dropped to his knees to examine
the ground. It was the moment Charley
had been expecting. He suddenly and
without warning drove his heavy..boot
into the side of Rose’s face. As Rose
rolled over, he grabbed his gun and be-
gan clubbing him with the barrel of it.
Leaving Rose unconscious, Charley
dug up his loot and drove the rig back to
San Jose, where he abandoned it at the
hitching post of a saloon. Charley then
headed: for Weaverville, more than two
hundred miles north in Trinity County.
Charley had first intended to throw
Rose’s gun away, and he later wished he
had, but he kept it. He began to use it in
robberies around Weaverville. But it was
near election time and the sheriff was
making things tow h for small-time
crooks, a thing which Charley didn’t
know.
qs’ wasn't fast enoughwith a
gun anyway. An alert citizen drew
faster than he after he tried to hold up a
couple of miners on a trail, and Charley
was caught red-handed Convicted of rob-
bery in timc to help the election speeches,
Charley was sentenced to seven years in
San Quentin.
Charley served his full seven. years.
They were bitter, hard years but they put
the final seasoning in him which condi-
tioned him for the vicious crimes ahead.
Released early in 1872, Charley got
back to San Francisco as quickly as: he
could. He had a special reason. This time,
Charley was determined, women would
pay and pay. And he knew just where he
was going to start. Just before leaving
San Quentin he had met a fresh fish for
the prison, a pasty-faced dope peddler
who had told Charley about the girl he
left behind. Charley wanted to get Carrie
Spencer before someone else took her
over. 3
He found Carrie, an almost-blonde girl
who was much more pretty than she was
bright, in a waterfront dancehall. Carrie
took him to her room and .gave him
money for some clothes. After a few days
and nights in her arms, during which
time he had strange fits of crying, he gave
Carrie a good beating and put her to work
in a house on Pike Street, now known as
Waverly Place.
Being a procurer was a new role for
Cua and one which in his heart he
didn't like. Although the seven years in
prison and his bitter experiences with
women had made him seemingly cal-
loused and ruthless, he actually was still
s released). ;
Meanwhile, evident!
ifrigh
rt
local
i"
soa
2
%
f another. person: An"
ie —ell; Michigan City, '
Mississi
ipa tA
gS
het
wee’!
“After
ation was comparatively
‘Measys'A close checks 90/7
Her:
Nhat, identifica:
{usage
tetiad him
1s
prt:
Ps
In f
re, as, J
held on
"65
748 Cal.
ately preceding his fatal illness were in-
terpreted by the autopsy surgeon as being
those of lead poisoning. However, it ap-
pears that they could be equally attribut-
able as symptoms of meningitis in the
absence of lead poisoning.
The petitioner argues that (1) inas-
much as the evidence shows at most a
“possibility” of lead poisoning, the Com-
mission’s finding and award is based on
speculation and conjecture; and (2) the
question is one controlled by opinions
of experts and the Commission may not
substitute its judgment based on specu-
lation where experts are unable to state
an unqualified opinion, The Commission’s
position is ‘that the medical testimony
reasonably supports an award based upon
lead poisoning as the accelerating cause
of Odello’s death.
[1,2] An award based solely upon evi-
dence tending to prove only a possibility
of industrial causation is conjectural and
cannot be sustained, Brown v. Indus-
trial Accident Com., 44 Cal.App.2d 6, 12,
13, 111 P.2d 931; Hartford Accident &
Indemnity Co. v. Industrial Accident Com.,
140 Cal.App. 482, 35 P.2d 366, Dr. Duggan
first stated that lead poisoning of Odello
was probable. Under cross-examination
he said that perhaps there was only a
“possibility” of such poisoning. Candor
and intellectual integrity often compel
an honest physician to state that his diag-
nosis does not rest upon scientific certainty.
Reading the physician’s testimony as a
whole, it clearly appears that as a scientist,
in view of the impossibility of testing
the blood at the autopsy, he was unwilling
to state as a certainty that Odello had lead
poisoning; on the other hand, in view of
the evidence of lead deposits in Odello’s
body and the symptoms related by his
wife, it was the doctor’s opinion that lead
poisoning could not be ruled out as a
contributing cause of death. His testi-
mony reasonably tends to support a finding
of industrial causation, and the use of
the word “possible” under cross-examin-
ation after his expression of opinion that
the disease was probable does not re-
quire the rejection of such testimony as
supporting, with other evidence, the award.
203 PACIFIC REPORTER, 2d SERIES
Considering the testimony of Dr. Duggan
as a whole the trier of fact reasonably
could find that in the physician’s opinion
Odello probably was suffering from lead
poisoning at the time he contracted menin-
gitis and such poisoning was a material
contributing cause of death.
There being adequate medical evidence
to support the challenged finding, the
award is affirmed.
GIBSON, C. J., and SHENK, CAR-
TER, TRAYNOR, SCHAUER, and SP-
ENCE, JJ., concur,
PEOPLE v. NIXON ct al.
Cr. 4955.
Supreme Court of California, in Bank,
March 23, 1949.
Rehearing Denied April 21, 1949.
1. Homicide €=253(6)
Evidence established that deceased
was killed in the commission of the crimes
of robbery so as to make it the offense of
murder in the first degree. Pen.Code, § 189.
2. Homicide €=18(5)
Where homicide is committed in the
perpetration of robbery, it is murder in
the first degree though there be no intent
to kill. Pen.Code, § 189.
3. Homicide €=28
Where one motive for robbery of
deceased was to obtain money with which
to purchase additional wine, alleged intox!-
cation of defendants preventing them from
deliberating or premeditating was insufh-
cient to prevent homicide from being
murder in the first degree.
4. Homicide €-234(5)
Evidence sustained conviction of de-
fendants of murder in the first degree as
against claim that deceased died solely as
result. of kick from a co-defendant who
did not appeal.
PEOPLE
y. NIXON Cal. = 749
Cite as 203 P.2d 748
Appeal from Superior Court, Fresno
County; Arthur C. Shepard, Judge.
Aibert FE. Nixon and Jesse A. Murphey
and another pleaded guilty to the crime of
murder and charges of robbery, named
defendants were sentenced to death and
the appeal is before the Supreme Court
under Penal Code, § 1239(b).
Affirmed.
Ernest Spagnoli, of San Francisco, for
appellants.
Fred N. Howser, Atty. Gen. and Clar-
ence A. Linn, Deputy Atty. Gen., for
respondent.
EDMONDS, Justice.
By information, Albert E. Nixon and
Jesse A. Murphey were accused of having
murdered William R. Reynolds.
other counts they were charged with rob-
bery committed while armed with a deadly
weapon. Harold C. Rye was named as
a codefendant. All three men pleaded
guilty to the crime of murder and to two
of the charges of robbery; the remaining
counts were dismissed on motion of the
district attorney. Upon a hearing to fix
the degree of the crimes, the homicide was
found to be murder in the first degree and
the robberies also were determined to be
of the first degree. As the penalty for
the crime of murder, Nixon and Murphey
were sentenced to death, and the judg-
ment in that regard is before this court
under the provisions of section 1239(b)
of the Penal Code. There is no appeal
by them from the judgments of conviction
upon the two counts of robbery. Rye was
sentenced to life imprisonment and did
not appeal.
At the time the three defendants were
arraigned, they waived counsel and cach
of them expressed his intention to plead
guilty. The trial judge then stated: “This
Cast is of such a nature that I do not feel
justified in proceeding to receive the plea
of the defendants without their having
the opportunity of discussing the matter
with counsel. And regardless of the state-
ments of the defendants that they do not
wish attorneys, I am going to appoint
counsel in any event, because the gravity
In five.
of the matter is such that I do not want
to accept the plea until you and each of
you have had an opportunity to talk the
matter over with competent counsel.” An
attorney was appointed to represent each
of the defendants and the matter was
continued. Later, at the request of coun-
sel, a medical expert was appointed by the
court to aid the defendants in analyzing
the autopsy report, and a continuance was
granted, first for five and then for an
additional two, days.
When the case again came on for hear-
ing, the three defendants, in the presence
of their counsel, entered pleas of guilty
and a time was set to take evidence for
the purpose of determining the degrees of
the crimes with which they were charged.
Witnesses were heard on four days and
each defendant testified at length under
examination by their counsel. The record
also shows full and exceedingly competent
cross-examination of each witness who
testified for the People. Throughout the
entire proceeding, there was scrupulous
regard for the defendants’ rights. For
example, at one point the trial judge
stated: “Because the condition of the
record is such that the lives of these de-
fendants are in jeopardy, I don’t want to
permit any testimony to come in that
could possibly in the slightest way be
improper * * *” And again: “I do
not want to handle this case hastily. I
don’t want any act connected with it to be
hasty.”
The transcript of the proceedings dis-
closes the following: All of the defendants
were migrant camp workers. Nixon and
Rye had known each other for about two
months prior to the homicide, In Watson-
ville they met Murphey. Because all three
of them had been drinking quite heavily,
they were arrested and_placed in jail. The
next day they were released and given an
hour to leave town. With the intention
of going to Firebaugh to pick cotton, they
traveled by train to Tracy. That night,
they had a “party” and drank a considera-
ble amount of wine. The following morn-
ing they drank the remaining quart of wine
and then went to work picking tomatoes.
They drank more wine while they worked
6N6T9T-2T.-(Aqunoep ousezz)..
{>
AKG
*HOXIN pue **y essep *mHgUAN
‘saqryum §*
BTUIOFTTRO peqeTxfydse
rf
752 Cal.
nesses, including the defendants, who
agreed that he was alive and protesting
when the appellants beat and “stomped”
him.
The judgments are affirmed.
GIBSON, C. J., and SHENK, CARTER,
TRAYNOR, SCHAUER and SPENCE,
JJ., concur,
° KEY NUMBER SYSTEM
aumse
UMBSEN v. CROCKER FiRST NAT: BANK
OF SAN FRANCISCO et al.
S. F. 17646.
Supreme Court of California, in Bank.
March 15, 1949.
Rehearing Denied April 11, 1949.
1. Escheat ©C=6
In action by one who succeeded to
corporation’s assets, against bank to re-
cover fund which was earmarked by bank
about 40 years befote when bank certified
check which was drawn by corporation in
favor of unknown payee, and which had
never been presented to bank for payment,
wherein state intervened claiming fund as
abandoned property, plaintiff had burden
under Abandoned Property Act of show-
ing that she owned fund. Code Civ.Proc.
§§ 1268; 1274.1 et seq., 1274.3, 1274.6,
1274.9, 1274.10.
2. Banks and banking @145
Certification of a check by a bank
constitutes an acceptance by the bank and
transfers drawer’s claini against bank to
payee or holder of check, and its effect,
like that of the acceptance of a bill of ex-
change, is to impose a primary liability on
bank to pay amount of check on demand
to payee or holder. Civ.Code, §§ 3143,
3265c.
3. Banks and hanking €=145
If certification of check is procured at
instance of payee to whom check has been
delivered, transfer of drawer’s claim to
payee or holder of check occurs at time
203 PACIFIC REPORTER, 2d SERIES
of certification, but if certification is pro
cured at instance of drawer, transfer does
not occur until check is delivered to payee,
and at any time before delivery, drawer
may have check canceled and his account
recredited with amount of check. | Ciy.
Code, §§ 3097, 3143, 3265c.
4. Banks and banking €=145
In action by one who succeeded to cor-
poration’s assets, against bank to recover
fund which was earmarked by bank about
40 years before when bank certified check
which was drawn by corporation in favor of
unknown payee, and which had never been
presented to bank for payment, plaintiff
was entitled to recover if check was never
delivered by corporation. Code Civ.Proc.,
§§ 1268, 1274.1 et seq., 1274.3, 1274.6, 1274.9,
1274.10; Civ.Code, §§ 3143, 3265c.
5. Bills and notes €=492
Statutory provision that where ne-
gotiable instrument is no longer in pos-
session of a party whose signature ap-
pears thereon, a valid and intentional de-
livery by him is presumed until contrary is
proved, applies only in favor of a party
who has possession of an instrument at
time of trial. Civ.Code, § 3097,
6. Banks and banking €=154(6)
In action by one who succeeded to
corporation’s assets, against bank to recov-
er fund which was earmarked by bank
about 40 years before when bank certified
check which was drawn by corporation in
favor of unknown payee, and which had
never been presented to bank for payment,
statutory provision that where negotiable
instrument is no longer in possession of a
party whose signature appears thereon, a
valid and intentional delivery by him is
presumed until contrary is proved, did not
give rise to presumption that check was
delivered by corporation, where the where-
abouts of the check was unknown. Code
Civ.Proc. §§ 1274.1 et seq.; -Civ.Code, §
3097,
7. Escheat €=3
Where corporation drew a check in
favor of an unknown payee, and check
was presented to bank for certification
by some one and was certified by bank,
but check was never presented to bank for
$
£
£
é
UMBSEN y. CROC
mryinent,
and whereabot
was unknown, one who st
ration’s assets about 40 y_
eation of the check, was
vhich had been earmar
oayvment
entitled to the fund as ak
1
of the check, a
Jer the Abandoned Pri
(xtProes $8 1268) 1Z7NS
1274.6, 1274.9, 1274.10; ¢
VOC,
3. Escheat C6
When a claimant at
a reasonable showing of «
to
cose of the act.
\hbandoned Property Act
handonment will run co
St q.
Code Cir
——————
Appeal from Superior
‘sco County;
idee,
Robert
\ction by Helen D. U
( rocker
First National FE
‘sco and the State of
‘over a fund earmarked |
years before on
t-teation of a check drg
11 to whose assets plain
herein the State of Cal
han: 40
( king
property.
payment ‘of the j
From a judg
State of California,
alS,
Judgment reversed.
Prior
opinion, 196 P.2:
Heller, Ehrman, Wh
lawrenee C. Baker and
ccnhime, all of San F
ant.
red
enard
N. Howser, Att:
and William J]
Attys. Gen., for responc
TRAYNOR, Justice.
In November 1905, ‘
(o., a corporation engas
‘ale business, drew .a
avast
‘rocker First National !
CISCO,
its commercial
The bank record
203 P.2d—+8
property claimed by tl
203 PACIFIC REPORTER, 2d SERIES
and by four o'clock in the afternoon, when
they quit and Prepared to continue their
journey to Firebaugh, they had consumed
six fifths of Tokay wine.
Varney R. Hargett, a witness for the
Prosecution, was with the defendants in
Watsonville when “[t]he law walked up
and carried us in’. He accompanied them
to Tracy. The four men got on the freight
train and found a place to ride on a flat
car situated between two box cars. There
were a caterpillar tractor and a bulldozer
on the car and four other men. The other
four were Bedford Lee, an 81 year old
Negro; Louis Bauer, a machinist who
had been on the train from the time it
left Stockton; Cruz Certantez, a one-arm-
ed Mexican; and William R. Reynolds, the
victim of the homicide.
Before boarding the train, Nixon, Mur-
phey and Rye purchased one-half gallon
of wine for the trip. After the train pulled
out of Tracy, the wine was passed around
and all of the men drank some of it, al-
though the largest part was consumed by
the defendants. They testified that at this
time they were “feeling pretty good” but
that they knew what they were doing.
The train passed Firecbaugh without
stopping and went on to Los Banos. Al-
though there is a conflict in the testimony,
it shows that some time before arriving at
Los Banos, the defendants took out their
knives and proceeded to take money and
clothing from the others. Lee’s wallet
and $7.44 in cash were taken from him,
Certantez gave up a leather jacket. Rye
“traded” shoes with Reynolds and took his
overcoat,
When the train reached Los Banos, Nix-
on left the flat car after directing Murphey
and Rye to see that no one else did so.
The latter pulled out their knives and ev-
cryone remained on board, Nixon asked
a man named Smith where he could buy
some liquor. Nixon went to a store to
which he was directed by Smith and pur-
chased a gallon of wine. They then re-
turned to the train. When Smith climbed
onto the flat car he noticed that some-
thing was wrong and started to leave but
the defendants told him to remain,
e
It was after sundown and becoming dark
when the train pulled out of Los Banos
toward Fresno. The testimony of the de-
fendants about this part of the trip is very
vague. They all remembered, in varying
degree, that the wine was passed around,
that there was some scuffling, and that the
deceased got “roughed up” a bit. The tes-
timony of the other men was considerably
more detailed although, to a certain extent,
contradictory. Everyone admitted that it
was getting dark and visibility was re-
stricted.
While the defendants walked around the
car all of the other Occupants remained
seated. Lee, Certantez, Bauer, and Rey-
nolds, in that order, sat on the floor with
their backs against the bulldozer. Smith
and Hargett, apparently in the good graces
of the defendants, sat by themselves and
were unmolested,
According to Rye, Reynolds called him a
“tramp robber” and a “fruit thief”. Rye
thercupon slapped Reynolds with a pair of
gloves, previously taken from him, and
kicked him in the hip. Nixon and Mur-
phey then came up and struck and kicked
Reynolds. There is considerable testimony
as to “stomping” on Reynold’s head and
shoulders. Although Pleading for mercy
in the early stages of the attack, it ap-
pears that Reynolds soon lost conscious-
ness. One or both of the other defendants
also kicked and beat Bauer, Certantez and
Lee, to a lesser degree, but because of
the darkness there is a lack of positive iden-
tification of the assailants at various times.
After the beating was concluded, Rye
took a Bible which one of the defendants
carried and, holding the Bible in one hand
and a knife in the other, “made the rounds
having these guys to swear that they
hadn’t seen anything’, The defendants
then climbed on the adjoining box car,
where they remained until they left the
train at Fresno, They were arrested after
they had made their way to Madera.
Reynold’s body was embalmed in Fres-
no and, enroute to New Jersey, an autopsy
was performed by the coroner of Los An-
geles County. Because of the embalming,
it was impossible to make a blood test but
PEOPLE y. NIXON Cal. 751
Cite as 203 P.2d 743
the cause of death was found to be acute
corenary insufficiency due to traumatic
shock. Althouzh the heart condition alone
could have caused death at any time, the
testimony of the deputy assistant coroner
and of an expert appointed by the court
was that the physical difficulty was aggra-
vated by the trauma.
Nixon and Murphey now make three
main contentions: (1) the homicide did
not occur in the perpetration of robbery
within the meaning of section 189 of the
Penal Code; (2) the drunken condition of
the defendants was sufficient to negate any
malice, premeditation or deliberation, there-
fore the crime was at most manslaughter ;
and (3) the evidence as to the heart con-
dition of Reynolds was sufficient to estab-
lish that death was caused by the slapping
and kicking of Rye, before either of the
other defendants attacked the unfortunate
victim.
({1] But there is substantial and al-
most overwhelming evidence that Reynolds
was killed in the commission of the crimes
of robbery within the meaning of section
189 of the Penal Code. After each of the
defendants drew a knife, they took from
the other riders on the train “by means of
force or fear”, property they had on their
Persons. Reynolds was directed to “trade”
shoes with one of the defendants, while
the latter held an open knife, Although the
tobberies took place a considerable time
before the beating which led to the death
of Reynolds, it was a part of the perpe-
tration of those crimes. To Protect them-
selves against discovery, the defendants
held everyone on the flat car at Los Banos,
and when Smith joined them they refused
to let him leave. Nixon testified on cross-
examination that he struck Reynolds to
keep him from attracting attention. When
asked if he had Sdone anything to him up
to then”, Nixon replied; “Well, no. But
we would have been implicated in this rob-
bery.” To the following question, “And so
you wanted to quiet him down so that he
wouldn’t report a robbery to anybody ?”
the witness answered, “That is right”,
All of the defendants’ acts, from the
time when they took the money and cloth-
ing of their companions until they left the
car, were one continuous integrated at-
tempt to successfully escape after the per-
Petration of the robberies, Everyone on
the train was kept under constant. threats
and the purpose, at least in part, of beat-
ing Reynolds was to prevent discovery of
their criminal acts. Under these circum-
stances, the trial court was fully justified
in concluding that unquestionably the homi-
cide was a murder of the first degree. As
this court has said: “* * + [T]he
continuation of the use of arms which was
necessary to aid the felon in reducing the
Property to possession is necessary to pro-
tect him in its possession and in making
good his escape. Robbery, unlike burglary,
is not confined to a fixed locus, but is fre-
quently spread over considerable distance
and varying periods of time. The escape
of the robbers with the loot, by means of
arms, necessarily is as important to the
execution of the plan as gaining possession
of the property.” People v. Boss, 210 Cal.
245, 251, 290 P. 881, 883: People v. Doy-
ell, 204 Cal. 109, 266 P. 807.
[2,3] At the time of the robbery the
defendants were “feeling pretty good” but
admittedly they “could get around” and
knew what they were doing. Clearly, one
motive for the robbery was to obtain
money with which to purchase wine in
Los Banos. It is, therefore, of no conse-
quence, as argued by the appellants, that at
the time of the attack on Reynolds they
were too drunk to deliberate or premedi-
tate. Inasmuch as the homicide was com-
mitted in the perpetration of the robbery,
it is not even necessary that there be an
intent to kill. People v. Kaye, 43 Cal.App.
2d 802, 111 P.2d 679. Further there was
direct testimony that at the time the ap-
pellants beat Reynolds they were not
drunk and, in answer to pleas of Reynolds
that he did not want to die, one of the de-
fendants said, “Well you are going to die,
anyway”.
[4] The appellants’ third contention is
whelly without merit. The supposition that
Reynolds died solely as a result of the kick
from Rye is contrary to the testimony of
two medical experts and all of the wit-
PEOPLE v. NIXON et al.
Cr. 5012.
Supreme Court of California, in Bank.
Sept. 7, 1949.
Writ of Certiorari Denied Dee. 5, 1949.
Albert EB. Nixon and Jesse A. Murphey
pleaded guilty to murder, and were sentenced
‘9 death. Both defendants moved to vacate
‘he judgments and to allow the withdrawal
of pleas of guilty upon the ground that they
‘vere involuntary.
The Superior Court of Fresno. County,
Arthur ©. Sbepard, J., denied the motion
and defendants appealed.
The Supreme Court, Edmonds, J., held that
the record sustained the order denying the
motion and affirmed. ne
‘
Schauer, J., dissenting. ¢
1. Criminal law C1131(4)
Ordinarily appellate court will not en-
‘ertain a motion to dismiss which is based
upon grounds requiring examination of the
records for its disposition.
2. Criminal law 274
Where defendants pleaded guilty to
murder which after hearing was determined
‘o be murder in the first degree, denial. of
notion to withdraw guilty pleas on ground
‘hat they were involuntary was not error.
—_——@—-——.
Ernest Spagnoli, San Francisco, for ap-
pellants,
l'red N. Howser, Attorney General, Wal-
ter L. Bowers, Assistant Attorney General,
«nd Clarence A, Linn, Deputy Attorney
General, for respondent.
EDMONDS, Justice.
Albert E. Nixon and Jesse A. Murphey
Pleaded guilty to murder, which was de-
‘termined, after a full hearing, to be of the
first degree, and were sentenced to death
vy judgments which have become final.
People v. Rye (Nixon), 33 Cal.2d 688, 203
P.2d 748. A few days before the date
'Xed for execution, both Nixon and Mur-
vhey, in the court where the sentences were
Pronounced, moved (1) to vacate the judg-
ments and (2) to allow the withdrawal of
the pleas of guilty, upon the ground that
209 P.2d—25
PEOPLE v. NIXON Cal. 385
Cite as 209 P.2d 385
they were involuntary. After a full hear-
ing at which affidavits were admitted into
evidence and witnesses examined, the court
denied the motion. An appeal was then
taken from that order.
[1] The attorney general has moved to
dismiss the appeal upon the ground that
“the motion made in the court below * *
was without any merit and was interposed
solely for purposes of delay; and that the
appeal taken to this court from the denial
of said motion is frivolous and taken solely
for purposes of delay.” He recognizes the
rule that ordinarily an appellate court will
not entertain a motion to dismiss which is
based upon grounds requiring an examina-
tion of the record for its disposition. But,
as stated in Hibernia Savings & Loan So-
ciety v. Doran, 161 Cal. 118, 120, 118 P.
526, “where * * * a mere inspection
of the record discloses that no relief can
be given to the appellant, this court will
consider the question, to save unnecessary
delay) * * *” See also Williams v.
Duffy, 32 Cal.2d 578, 197 P.2d 341. How-
ever, by the time the motion to dismiss
came on for hearing, the parties had filed
their briefs upon the merits and it was
stipulated that the appeal might be sub-
mitted for decision without further argu-
ment. By that stipulation, the question pre-
sented by the attorney general’s motion has
become moot and need not be determined.
The sole contention of the appellants is
that, upon the record, the trial court abused
its discretion in denying the motion to
withdraw the pleas of guilty. To support
that position, a series of affidavits and let-
ters by the defendants were offered in
evidence. In substance, they repeat the
same story: Nixon and Murphey claim to
have “understood” that if they pleaded
guilty their punishment would not exceed
life imprisonment, but that if the case went
to trial the district attorney would insist
upon the death penalty.
The affidavits themselves, however, are
equivocal in stating the defendants’ posi-
tion. Murphey stated: “He [the district
attorney] did not tell us we would not get
the death penalty but if we would plead
guilty he would not ask for it, * * *”
BE tortinnnte 2 or ~
St of oes tire
eS ee oe ae ee me nt oe
poe Hy
rar oe =
= aes
ponds Se heh od
eT ee
an ee
Rs
Shaler
LR pill pro avn ge nea RI 7” eee eee eee Bear
DONAHOO v. KRESS HOUSE MOVING CORPORATION Cal. 349
153 P.2d 349
[8] If the statement was made by de-
fendant Nagle, upon the hope of being
accorded the privilege of seeing Sally
Mixon, or in an effort to free her and
Lucille Eyre, yet it being a statement in
the nature of a confession, voluntarily
given, it could be used as evidence against
him. People v. Luis, 158 Cal. 185," 110 P.
580; People v. Smalling, 94 Cal.:1t2, 29. P.
421: Reeder v. State, 182 Ark. 1093, 34
S.W.2d 451.
The jury was correctly instructed upon
the issue of intoxication.
[9,10] It is contended by defendants
Nagle and Mixon that the court erred in
refusing to give the following portion of a
requested instruction to the jury: ht
you find from the evidence that the defend-
ant Nagle was so intoxicated on the after-
noon of October 11, 1943, as to be incap-
able of forming an intent to rob John
Lucia, then you will find the defendant
Nagle not guilty of the crime of murder
of the first degree.” The jury was correct-
ly instructed upon the bearing intoxication
might have upon the existence of intent, to
constitute a crime, by the giving of an in-
struction in the words of section 22 of the
Penal Code, to wit: “No act committed by
a person while in a state of voluntary in-
toxication. is less criminal by reason of his
having been in such condition. But when-
ever the actual existence of any particular
purpose, motive, or intent is a necessary
element to constitute any particular species
or degree of crime, the jury may take into
consideration the fact that the accused was
intoxicated at the time, in determining the
purpose, motive, or intent with which he
committed the act.” They were also in-
structed that it was incumbent upon the
prosecution to show, “an intent to perpe-
trate the crime of robbery of John Lucia.”
The portion of the instruction refused iS
cumulative and amounts at most to merely
a direction to apply the law, as therctofore
enunciated to defendants’ situation, some-
thing the jury could not help from under-
standing they were to do anyway. There
was no error in the refusal to so instruct.
People v. Casagranda, 43 Cal.App.2d 818,
822, 111 P.2d 672; People v. Gaytan, 38
Cal.App.2d 83, 100 P.2d 496.
The judgments and the orders denying a
new trial are and each of them is affirmed.
GIBSON, C. J., and SHENK, CUR-
TIS, EDMONDS, TRAYNOR, and
SCHAUER, JJ., concur.
DONAHOO v. KRESS HOUSE MOVING
CORPORATION et al.
L. A. 19068.
Supreme Court of California.
Noy. 21, 1944.
{. Landlord and tenant @=164(3)
Master and servant €=304
A landlord, undertaking to make re-
pairs on demised premises, is liable for in-
juries to tenant or any person whose use
of premises under hiring is within parties’
contemplation as result of landlord’s or his
servants’ negligence in making repairs.
2, Landlord and tenant =119(2)
A month to month tenant’s holding
over, with landlord’s consent, while nego-
tiating for reduction of rent because of
change in condition of leased premises, aft-
er failure to pay month’s rent on due date,
did not change tenant’s status to that of
“tenant at sufferance’. Civ.Code, § 1946.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Tenant at Sufferance”.
3. Negligence €=32(I, 2)
House moving contractors, permitting
lot owner’s tenant and her mother, living
in house on lot, to remain on premises dur-
ing removal of such house and another
house thereon to rear of lot, accepted such
occupants as “invitees” and owed them duty
to exercise ordinary reasonable care to
provide reasonably safe passageway for
ingress and egress to and from house and
guard openings or excavations made by
contractors on such premises.
See Words and Phrases, Permanent
Edition, for all other definitions of
“Invitee”’.
4. Negligence €63
The fact that house moving contrac-
tors’ dirt filling of holes, left. by pulling of
timbers installed as anchors on lot after
removal of houses from front to rear there-
of, sunk because of heavy rains, did not re-
lieve contractors from liability for injuries
to occupant of one of such houses as re-
sult of fall into one of holes.
5. Negligence ©136(26)
A woman injured by fall into hole,
left by house moving contractors on lot
from front to rear of which they had
moved house occupied by her, was not, as
matter of law, guilty of contributory negh-
pe 0EaaF
*
GHIVERSITY. OF A
346 Cal.
All of the defendants were habitual con-
sumers of alcoholic beverages. According
to the evidence, before starting out on the
morning of October 1], 1943, they con-
sumed a quantity of liquor. Shortly after
leaving the house they stopped at a bar
Known. ag the “Can. Do,” where Nagle
drank gin, Sally, whiskey and beer, and
Lucille, some form of liquor. They then
procured a taxicab, which however because
of regulations was unable to take them to
Oakland, but took them to the Ferry
Building, where decedent Lucia was en-
gaged to transport them to Oakland. Be-
fore leaving, however, another bar was
visited and liquor consumed. They then
were transported by Lucia to Sam's Place
in Oakland, where they indulged in drinks
while “casing” the place. While there, the
idea originated (in whose mind does not
appear) that Lucia’s car, a large sedan,
would be good to use in perpetrating the
robbery. It was agreed that Nagle should
oust Lucia from the car in the neighbor-
hood of Hayward. In consonance with this
plan, upon resumption of travel, and after
Lucia had been given $20 by Nagle for
taxi fare, Sally requested that Lucia drive
them to Hayward, stating she had a relative
there. Upon reaching the outskirts of Hay-
ward, Nagle, who was sitting in the front
seat with Lucia, ousted the latter from the
car. The evidence is conflicting as to just
how this took place, but Lucia, who was
unarmed, was shot twice in the body and a
third time, while lying on the ground, in
the forchead. He was left to die or dead
alongside the road and defendants drove off
toward Oakland in his automobile. During
the melee with Lucia, Nagle got a con
siderable quantity of blood on his clothing,
so in order to have at hand an alibi in case
of need, he directed Sally to purchase some
razor blades, and while at another bar in
Oakland, cut himself on the left hand,
quickly broke a beer glass against the bar,
feigned cutting his hand, was taken by taxi
to the emergency hospital where stitches
were taken. He there gave the name of
George Powell. The razor blade used was
retrieved the next day from the toilet
pipes in the women’s rest room at the last-
mentioned beer parlor. A bartender testi-
fied that Lucille went to the rest room right
after Nagle cut his hand. Lucia’s car had
been abandoned upon reaching Oakland and
the foregoing incidents necessitated the
putting in abeyance of the plan to rob
Sam’s Place. After leaving the hospital
153 PACIFIC REPORTER, 2d ow.
defendants proceeded to the home of the
mother of Lucille, where Nagle and Sally
were arrested early the next morning at
the instance of Lucille’s mother, Lucille by
this time having become semi-hysterical as
a result of the lurid events of the preceding
day. Later that same day, she also was
taken into custody. Three days afterwards,
Nagle and Sally made a joint statement
to the district attorney’s office which in-
cluded, among others, some of the forego-
ing details.
Three grounds are raised by appellants
for reversal of the judgment: (1) That
the court erred in denying appellants’
motion made under section 995 of the
Penal Code to set aside the information on
the ground of the insufficiency of the evi-
dence adduced at the preliminary examina-
tion to connect appellants with the death
of John Lucia. (2) The joint statement of
Djory Nagle and Sally Mixon was not free-
ly and voluntarily given on the part of
Djory Nagle and should not have been in-
troduced into evidence. (3) The court
erred in refusing to give defendants’ pro-
posed jury instruction in regard to intoxica-
tion.
The evidence adduced at the preliminary
examination was clearly sufficient to estab-
lish that a public offiense had been com-
mitted, and there was reasonable or prob-
able cause for appellants’ commitment.
At the preliminary hearing the cause of
the death of Lucia was established by Dr.
Gertrude Moore, who performed an autopsy
on his body. She testified that his death
was due to multiple bullet wounds. The
prosecution then proceeded to assiduously
trace the movements of defendants
throughout the day of October 11, 1943.
One Kief, a taxicab driver, testified to his
engagement by defendants and the driving
of them to the Ferry Building. They
wanted him to drive them to Oakland, but
he could not do so because of regulations.
Thomas Mooney, a service station operator,
acquainted with deceased, testified as to the
presence of defendants with deceased when
the latter drove into Mooney’s station be-
tween 1 and 2 p.m. Sam Matheson, pro-
prietor of an Oakland cafe, was then pro-
duced and identified defendants as being in
his cafe, together with a man answering
the description of Lucia, at about 3 p. m.
on the same afternoon, and he testified that
the four of them left together. They then
placed upon the stand one Alvina Olivas,
teens
Se eee:
Jenene se 1s ok cai
&
at)
}
ry
igure
PEOPLE v. NAGLE
Cal.
153 P.2d 344
who testified that on the afternoon of Oc-
tober 11, 1943, she was picking walnuts
near Hayward, in close proximity to where
the body of Lucia was later found; that a
big dark car came along and stopped about
300 feet from her; that a man fell out,
and another man got out of the car and
pulled him over to the side of the road and
left him there; that the car in driving
away passed her, and that there were two
women in the car, one woman wore a green
coat and had reddish hair. The latter state-
ment of the witness was descriptive of the
defendant Mixon and the coat she was
wearing. Lillian Brill, working in her
husband’s liquor store at about 4 p. m., saw
the defendants arrive in Oakland, hitting
the curb as they drove up. She saw a
blonde woman get out of the car wearing
a coat like the one introduced into evidence
as worn by defendant Eyre. In addition to
the foregoing testimony, a .32 caliber bullet
or projectile and shell case found near the
body of Lucia and another bullet taken out
of the back of the front cushion of Lucia’s
automobile were produced together with a
32 caliber automatic revolver taken from
the handbag: of defendant Mixon at the
time of her arrest. The revolver was
shown to have contained six cartridges,
identical as to type and make, with the
projectiles and shell case first mentioned.
Decedent’s car was shown to have been
located in Oakland a few blocks from the
place of defendants’ arrest, and keys were
produced accompanied by testimony that
they fitted the locks on the car and. had
been found underneath a seat of the police
car in which defendants Nagle and Mixon
were taken to the police station after their
arrest.
Defendants produced no evidence at the
preliminary hearing.
[1-3] It must be remembered that the
evidence before a committing magistrate
at a preliminary examination need not be
such as would require a conviction, Sec-
tion 872 of the Penal Code provides that
the defendant must be held to answer if “it
appears from the examination that a public
offense has been committed, and there is
sufficient cause to believe the defendant
guilty thereof.” Section 1487(7) of the
Penal Code provides that a party is entitled
to discharge upon habeas corpus proceed-
ings where he has “been committed on a
criminal charge without reasonable or prob-
able cause”; “‘sufficient cause,” therefore,
means no more than that. People v. Put-
nam, 20 Cal.2d 885, 129 P.2d 367; Cleugh
v. Strakosch, 9 Cir., 109 F.2d 330; In re
Martinez, 36 Cal.App.2d 687, 98 P.2d 528.
“Reasonable or probable cause” means such
a state of facts as would lead a man of or-
dinary caution or prudence to believe, and
conscientiously entertain a strong suspicion
of the guilt of the accused. “Reasonable
or probable cause” may exist although there
may be some room for doubt. In re Mc-
Carty, 140 Cal.App. 473, 474, 35 P.2d 568;
Ex parte Heacock, 8 Cal.App. 420, 97 P.
77; In re Mesquita, 139 Cal.App. 91, 33 P.
2d 459; Ex parte Vice, 5 Cal.App. 153, 89
P, 983. The committing magistrate, with
the foregoing evidence before him had no
alternative other than to order the defend-
ants held for trial.
There was no error in receiving the joint
statement of Djory Nagle and Sally Mixon.
It is appellant Nagle’s contention that
the joint statement given by himself and
Sally Mixon to the district attorney’s of-
fice, three days after their arrest, which
included as a part thereof details of the
robbery of Lucia’s automobile and the
shooting of Lucia by Nagle, was over ob-
jection improperly admitted into evidence,
because it was not freely and voluntarily
given on his part, but was compelled by his
being held incommunicado three days, and
more particularly, induced by a promise on
the part of the jailers or others in author-
ity, that “If I had something to say I would
be permitted to see Miss Mixon; other-
wise no.” On the witness stand, he claimed
to have been so far intoxicated that he
could not recall the events surrounding the
shooting and the removal of Lucia from
his automobile,
[4] The necessity for determining the
voluntary character of the statement does
not depend upon whether or not it consti-
tutes a confession of guilt. It included
an important incriminating fact, that de-
fendant Nagle fired the fatal shots. People
v. Gonzales, 24 Cal.2d.—, 151 P.2d 251;
People v. Quan. Gim Gow, 23 Cal.App. 507,
512, 138 P, 918 |
[5] At the outset the attorney general
contends that any such inducement or
promise of reward as claimed by appellant
to have been made, assuming it was made,
is not such a form of coercion or promise
of reward as to require the exclusion of the
confession. It has been held in some juris-
SAT
843 Cal.
dictions that a collateral benefit or boon,
not relating to any phase of immunity, is
insufficient to render a confession induced
thereby inadmissible as involuntary. State
v. Woo Dak San, 35 N.M. 105, 290 P. gee;
Roesel v. State, 62 N.J.L. 216, 41 A. 408 ;
Com. v. Knapp, 9 Pick., Mass., 496, 20 Am.
Dec. 491; State v. Tatro, 50 Vt. 483;
(promise to unchain defendant and allow
him to associate with other prisoners) ;
Rex v. Lloyd, 6 C. & P. 393 (promise to
permit defendant to see his wife who was
confined in a separate cell). See 22 LO BH
Criminal Law, § 825, p. 1444; 16 Cas
Criminal Law, § 1490. However, aside
from any constitutional violation, the cir-
cumstances surrounding the inducement or
promised gratuity might be such as to ren-
der the confession equally untrustworthy,
as if the inducement related to punishment.
People v. Mellus, 134 Cal.App. 219, 22 F240
237; Shields v. People, 132 Il.App. 109;
Com. v. Knapp, supra. We do not find it
necessary, however, to pass upon the suf-
ficiency of the alleged inducement as a
matter of law, for the evidence clearly
shows that the statement was freely and
voluntarily given and free from any im-
proper influence. A foundation for in-
troduction of the statement was laid by
the testimony of Christine Allen, a steno-
grapher in the office of the district attor-
ney, who was present and transcribed the
whole conversation that took place between
defendants Nagle, Mixon and the inter-
viewing assistant district attorney, Lau-
rence Dayton. She testified that at the
time of the conversation no promises were
made to either of said defendants to induce
them to make a statement, but that it was
freely and voluntarily given. This fact
was also acknowledged by defendant Nagle
in the statement, at which time he said to
disregard all former statements made by
him. In response to the admonition by
Mr. Dayton that “I want you to under-
stand that all statements you now make
you are making of your own free will, with-
out any promise by anyone,” Nagle replied,
“Yes I figure this: That is, if I make a
statement now it’s a confession and I know
that is usually taken into consideration. I
don’t expect too much myself but there’s
always the possibility of a break for them.”
Nagle’s testimony at the trial given upon
voir dire, that the statement was induced
by a promise to be accorded the privilege
of seeing Miss Mixon was later contra-
dicted by himself upon direct examination
153 PACIFIC REPORTER, 2a ....2%1ES
in chief, when he explained it away as
having been made “in order to let Miss
Mixon out.” Assistant District Attorney
Laurence Dayton, called to the stand as a
witness on behalf of defendant Nagle, de-
nied sending word to him that he could talk
to his codefendant Mixon if he would make
a statement. The following colloquy ap-
pearing in the concluding portion of the
statement is indicative that Nagle, after
having concluded same, had some hope that
he would then be awarded the privilege of
seeing his codefendant, which he then re-
quested, but clearly shows that he was not
acting in reliance upon any promise there-
tofore given:
“‘(Nagle) I told you you should
disregard everything I have told you before.
I only hope you will take Sally into con-
sideration; the girls, and especially Sally
and go easy on her. I don’t care especially
about Lucille.
“Q. (Dayton) That’s about the story.
A. I believe that is about it. Will you
make it possible for me to see Sally once
or twice a week?
“Q, That is of course something that
the Sheriff’s office will have to arrange.
A. But I suppose now, if you would sug-
gest it, he might consider it, don’t you
think?
“Q All right.
[6,7] As to Nagle’s claim of being held
incommunicado three days ensuing his ar-
rest—up until the time of the giving of the
statement, which is not relicd upon as
material, separate and apart from the in-
ducement heretofore considered,—Nagle
testified that he was held in a cell separate
from other prisoners; but also that he
was called out on various occasions, and
that he did see and talk with Sally Mixon
during that period. No showing was made
that this treatment was unusual in respect
to one in his position, or that he had cause
to believe his treatment would be bettered
if he confessed. What has heretofore been
said in regard to the alleged inducement
offered applies equally upon the matter of
the statement being affected by his treat-
ment. The trial judge preliminarily ad-
mitted the statement and then submitted to
the jury under proper instructions the
question of its voluntariness, and their find-
ing is amply supported by the circumstances
before them.
That’s about all now.’”
BO, GORE SRR AO ER TGS
eet
Mg Git
—- 4 ww sw Ue acene of the shooting. Aman BACUALA REFUSED AID
8 was Pound who had seen Bact! .
“see Moatee fring a heavy ritie near
} = —.- tinny and a Hfle figured In the > Lo — Fleeing
. Fe Sitting, according to intormation} en Alone-Wag
airy Inspectors I. F, Torrey, wae: @8eMTe by Laszen County officers. On Their Trail at
n and Dr. K. C. jan; ie Ek ae
8, Waa:
ests from samples taken froz
cks at unsuspected momend | Sau at Sacramento,
» Moaroe,
*. Offer Birmingiacn.
trade department
spears
‘ Soe o> ree Somes
oe
tor daltdlez a road!
St thatepoing Ie to
“possible ta pump water
the river ia the event of Bre
aection. The nearest tite
t is located near the. high
OW THE
ERSRAYTED ©_
‘ ‘
Bore _
“Rifles at Range
batty Sgt _, Ninety,
BBehults and Frite Crock-
Mivided hoaors @t the Lassen
Re aad Pistot Clud shoot last
®entey Afternoon. Bhulte took
Bret-in the pistol section, while
Stocker captured the honor th
BMall dore rifle Aiviaton,
i
When Jack Sulll¥an'e finger,
ta reached the Identification
: Sharif, Bons of «
who was s tHe
p Me Sactamento with the Prumas) PCONd oftteer had deen per,
Qeunty ofleer. dtacoteved ay the!
‘Bitinaerseenot tiled cy,
There hare been sy
tracy Baccale
ture the two
shot Atm to deatn,
} la that the tragedy
vot Rare oocwrred UY a
at,
|
slipped under
cope Was cedistered tn the name. ie es door of the Jatt in Sus
eral er Oe ee ee er 2p eee wr ‘ - s
dtoaree of Orevitie. at) avin:
ARE at about 4200 0
to oF. eed
te. at tne ‘bug’:
eben “ka oatttt
“WES that pase’
™ Had beddiag
om the car, Iam going out tos]
Ward Reso. Will ace
Wey back. | :
Ce aa — 8. Ww, BACCALA,
tee Pe Not Avk Help >
From the description contalned
fi. the above note, It is evident
that Baccala hed an idea that the!
men might hide out in Susantille
and he wanted Sherif! Leavitt to
conduct @ search for them. The
_., (Coatiaued on Page eight)
aan
Home Department
oe July Activities
Meeting at twelve difterent
centers during the month of July,
dhe Lassen County Home Depart:
ment will camonetrate the vats
fota testa and xtepa tn Jelly make
tne,
As ihe aubjegt of james and
selliag ia one of many angles, and
AS sticeass fe dependent upon
knowledge, these demonstratloas
Wil, no doubt, be well attended
by local women who Intend hat:
ing a well atocKed pantey for they
Wea the frat toaleat o>?
kamen on the anal
t bare
44
wittter montha
ee te eae Se sd tin Dae att np \
+?
Tae ‘ollowing ia the note writs,
that «@ Porgi‘®8 Sy Baccala aad:
you on my] ®
: _peonly.
opposed for
of the supert
3 Carle
Shippe |
The frat meeting:
{
‘ahaa,
'
C
For Coy
ko
i
+
‘Lecal
|
‘
’
‘
{
t
fef'esaterne
@idate for ai
tickets, and
Buranvilie, a
fice
on th
Ciuiaton F
Modee Coant
of Redding |
represent tht
thes fa. aanen
lewialatare,
Seymour t
and Andy B
dates for aut
disttict: Joa
Ole Oleson ¥
at Weatwood
ahd Peter Ge
B. Paintber
Gus Brith w
polle at Bteb
the fourth @
Judge H,
a
weet oacar
eg w <2 4467 eee — _"s
im tMtemg vr
:
f° on ines ‘hidden under a juniper tree. Mon-
ve SIX The two murderers are father and roe led officers to the scene.
Ear! Eo Monroe, 52, father and Monroe was taken to the Lassen
drank cunycet of the man hunt, and Billy County yee tee Friday by Sheriff
napiet’ Yvorroe. gon, alias Jack Sullivan. Leavitt, Sheriff Braden, Deputy Bar-
ce and (4s sd yar.ous other officers. “i+
Found At Sonm-i.. saw iviie trict Areoiwoy Juilan was callea from
Ro Menroe was jrrested at a District Attorney's convention at
“Pet dh . ae syein-iaw, Mr Lake Tahoe
win ne a Keno Deputy aneriti accaias tun Found
yhar ieee? We AES id eri ay Nene cnidaidght iriday, Monrce
ladinv. teal wate oul ba eee’ Wats riled ‘ ly in an exam-
r} pe nad taeen Parmisned PAN ate at conducted by
her f Arado f Plumas gaia. i ratements were taken
ia , art reporter. He
ae) heonet ied! VeVi tre roreberte story of the mur- |
\ re te i it , : ” H ‘ ot in many respects
; ' efare 6, ‘ated by his son. He
Baars cence ’ was the first to
| vid ind seomed satis-
nd leit it aneut burden of the
a en are yas, he said, he
. a | SA tia Mra 4 sal
ee | ever since boy-
| Spoon stuck to Monroes swry. SUL: hood.
2 the: : inal- | ;
: | by clever grilling the officers final | When asked if he knew anything
Ban- | ly obtained *he true nature of the! ,}, ffi ’ :
‘ed | r lete = about officer Baccala’s missing 238
the | case, and got a compile confession | special revolver he stated that he
address : from the man. ‘was following his eon an thelr
44cea- ° 4
srt, ‘Tells Story of Missing Car =| speedy retreat to Reno on the
; ‘morning of the murder and as he
tbe; Following the shooting, and at, nal th
j approac the parked car which
ers for ' about the same time as his son was »). . — . ;
tor | ' ~ his son was driving, saw him throw
during arrested, Monroe drove his car off h .
igi beri nis ia well hidilen ond something into the brush. Satur-
ZA , the higaway into a we day morning Monroe led officers to
uced secluded valley, between the two |, Thich j
ormieee leans ; bist 20 the spot, which is located near the
. . Chil 2 . :
= il oe yh hy ae ‘th veh Bird Flat highway maintenance sta-
a one ie, eno. b rors cai © tion, where Baccala’s pistol was
y , walk ed sor ourteen hours into Hen found, with six empty shells in the
oraised arriving ct his son-in-law’s home magazine
tment idni = _— ;
ne S near — ie and Ragen Wednesday the father led officers
; aie drove to w nar e car "hid ther, | © the spot where he had hidden the
3 Ay - , took TT ae ea ie i an bil They money which was taken by the two
‘oe a and set fire ou e au Saved e. a .from the slot machines stolen at
Teen returned = I a ee y tes a 'Greenville. It was hidden in a sack
sign. ing while Sherili pracen an under a juniper tree near where the
d Ser- fic Officer Tom Birmingham scoured 4,..2 weora f
= in er lues Bans weet ound. The amount of
, _. - northern California, obtaining Clues money in the sack was not learned
ed the which led to the arrest at the time of this writing.
m be- . 345
i te Pcsse In Search Sticks to Stery
+ Before the suspect had confessed The second examination was given
chair of the murder and of his knowledge the son, Billy, at the jail Saturday
s. <'4 as to where the car was hidden, morning. He stuck to his previous
athewS Praden notified Plumas County story, saving that Baccala started
i work headquarters, asking for a search- the shooting. Despite clever cross-
ry I-- ing party to hunt the missing car. questioning, no further information
‘Ben in quick response, 27 armed men in could be obtained from the man. He
athe~s 7 ears drove trom Quincy snrougi; i unaware Ural ine other person ar-
2 whe Susanvilie to Reno early Friday ocested os his father, and Spyeate to
it. moming. They were met here by beleve that Reverend Fairfield ts
Lassen County deputies and Shere the | n iaken into custody.
POSTAGE RATES IN
EFFECT ON JULY 6
first Cliss
° = et
ost awe rites. oA st Me
ried
1 my ‘
miro! ie oe mere © en eat
al :
VIAN LEAKNS THAT
LAW IS ENFORCED
or
oo,
fo} Mfereer, of Los Angeles,|
st that traffic laws were |
sespected when he was. |
mneon the mid-
description. it was iearnca irour # | ~
boy who used to deliver bread to|
the two men that they were missing
at the same time the murder oc-
cured. The boy altso told them that
thei: .mes were Monroe.
From Quincy the two officers
journeyed to Sacramento where, at
the State Prison, they found out
that Monroe had served time and
that after being released, he moved
to Oroville. The officers continued,
hot on the trail, to Orovillo, where
it was learned that Monroe's wife
had died a short tihae ago. Then
the final step in the clue searching
was reached when the two found
out that Monroe has a sister living
in Reno by the name of Mrs. Spoon.
As Baccala notified Reno officers to
watch the Spoon home, this clue! gistrict and state Seire
proved to bring the father to his | chambers of comn
immediate arrest. | af nammnh iate
Jams and Jellies
At July Meetings
Jams and jellies will demand in-
terest in Home Department activi-
ties for July. Meetings will be held
in the twelve centers, demonstrating
the various tests and steps in jelly
making.
Other inquiries are made as to
why jelly turns into syrup, or why
it turns rubbery or tougn. These
undesirable results are due to the
varying acid and pectin contents
of fruit. Tests can be made for both
acid and pectin which will indicate
the amounts of sugar to use, thus
taking the guess out of jelly mak-
ing. Commercial pectin may be j 1:30—Mrs. W. Hays.
used when fruits are low in pectin} July 7, Thursday, |
or home made pectin can be pre-; Mrs. J. T. Mooney.
pared. Lemon juice is a good addi-| July 8, Friday, J~‘u
tion for non-acid fruits. —Mrs. A. Bantiey.
Various new combinations for con-| July 12, Tuesday, R
serves, are available, in some cases; Mrs. J. Martin.
Culifornia counties
finding out that it pa
tise, and have taken
a
1
Wm. DeWitt.
July 5, Tuesday, J
—Mrs. W. Flagg.
July 6, Wednesc.y
using an inexpensive fruit or a fill-| July 14, Thursday,
er. Winter jams may be made when! —Mrs. J. Menser.
fresh fruits are scarce. In short,| July 15, Friday, Pr
the subject of jams and jellies is|—Mrs. F. Chace.
one of many angles and success! July 19, Tuesday, '
meane knowing how. The meetings —Heil
of the month are open to the pulic' July 20, Wednesda
A small amount of labor now will. —Hall,
mean a well supplied paniry sheif; July 22, Friday, &
in the winter. With fruits as rea- Mrs. B. Wittee.
sonable as they are at the present. July 23, Milwood,
tis work. The suc-
ast farnish the | tals
2. UU,
ra VED Taeat bes ii for the Lassen Unton-~ high
school tor the year!932-1933 to-;
Of thts sum they appear for trial.
tet | $54.590 wil go into teacher's sal-:
agentles and
. | sundry activities” will take $14,- ‘ Susannille Hae ”
$93,229.00.
‘aries. ‘“‘Auafliary
' j confessing it.
fi , The preliminary hearing . ot n.
4®. abd Billy
abd | of Jane 16, wilt
mw be”
_ Murdex Lharge
donee Wee siete
son, for the merder of
vala, GreeaWile o®eeh who was
slain near M on the morn
| 1 Whe" bewer”
of Baccala was the rest cold
is 141 at a high piteh over the
craelty of the deed. ©
One of the men befng hela On
the charge, the son, sumits the
killing and has been brazen abott
The father, held as
aan accomplice, placés all “the
Giaine on the son. ‘jt is expected
<a
Aba) ve of o tninimum 0th of 26 tovt
| Foe rab berace tba ot een
blooded murder fn the history ot}
| Lassen County, and: ‘indignation
ave Onn We,
gt ? *
/ ge * é er “
(és Hace:
Pie, fee Be rare
, aetee i
PR Kehoe
amt.
'
rock of wideuting the
bridge ut Devils Corral {s practi-
cally finished,
With of New Read
The new foad thr -aghout witli
Tie role Wurtace witt be vt crasb-| H
Pee hee
"Fourth b Colebration
The cftizehs of ita of Ravendals turn-!
ed out enmasse on the Fourth or =
enjoyable celebrations held. In
that section In many years, The!
hed but “just happened,” which
made {it the more enjoyable.
ang hoped that speedy juatice will
be meted out to the pair when
-o t
;on cantankerous browes and balls,
j formed was the saddle exhibition
There were the usual rode} stunts
and a feature of the stunts per-
July Ba staged one of the most pat
aWair Was not organized nor plan-|-
au
sor
and tricks given by Jim Ware .-4
Tass RERANTI
areey erenthas that edted wp the’
taster eky With savet and croin,
Habimine TAts te} tog dy
vmod & BoWupout Oo. hail aad rain that:
~~ = 1 Wes the heartect tall tn force of.
wy the eteron. The downpour wes
< [eontmed ty the tmoned‘ate eavirs
Ons Of Gesanville the valley ce!
Sgmetnteg practteally watonches,;
aate Mr a aigh wind,
The storm etd the Meat qamage
Lin Rens, whete cellars and dase
ehente were footed and the:
wttecta Were PHARTOR & atream a!
a gO OVP,
SSCRITICISM OF
me tenes tc oe LOCAL SHERIFF:
aoctera se IS UNJUST ONE
need ages oe “* Slain Officer Asked Him to.
pratt started at Woit Creek, Hunt for Fugitives In
as Cowaty, Whete the melt | ‘ vanville
bd been ealapthg Ghd Where an: Busan |
“@raeser shell “Was found. |
: {
eked up at’
= arite shooting, A won BACCALA REFUSED AID
found who had “te mort %
be firing a heavy. rifle nea
BMP and a rife Hdured In the, Proferred To Oh Chase Pieeing
Ming, accordihzé to iatormation | en Alone— as 0
Mired by Laszen County officers. | On Their Trail
b
airy Inspectors I. F. Te
a at Sacramento, Bheritt; *
a {Leavitt Because some one did not!
—oteeie Was advised that the ah hee g{ Accompany Deputy Tracy Baccale! Local (.
me ts Bly Montoe. A _ ned in hie attempt to cadture the two!
~ ee wh revealed the reat, men who later shot him to daata,
e-prints alxo of a man wamed Kat We fooling ta that the tragede! Ray Cay
, j 3 Saltivan’s Tac Name
nod Dr. K. C. Jarvis, wha. wren sack Suntivan’s fheser here have been tome expren|
ests rrom samples taken fea fata reached the Identification, oo. of crithelam against Sheritt!
cks at unsuspected momey
Ae e
land, she soon acquired a good title to valuable Jibboom Streot, property, where she finally
owned three large buildings, After her husband's death, she lived and claimed Marriage with
John Gibson, -a steamboatman, believed to be yel living, but who has not lived with her for a
long time. When the Railroad Company were layinr their tracks on Front St., and anxious to
condemn all her property, Mrs, Gibson fought against-them until the police interfered, when
she appealed to the civil courts, but after long and expensive litigation, she was beaten of
~ course, ' Within the last few years, she sold out.to the company for $10,000.and received about
$3,000 for a lot at O and Second Sts, from Judge Crockepx, To avoid taxation, she was in the
habit of entrusting her money to friends, and with her death the knowledge of the: whereabouts
of the large sumes of money she owned, has lapsed to all except the trustees. She kept a con-
siferable sum.about her person, She has two.sisters and a brother here...."" BEE, Sacramento,
9=20#1872 ( 3=2&3. ) , € q
¢ CAPTURE :
-"..ofhe BEE, in recommending the appointment of Len. Harris on the new police force said,
in March last, as one: reason, that he was in possession of valubable books, giving the des-
cription and historp of nearly ‘every criminal in the State, . These very books have now been
the means of discovering the mumerer. ‘Two weeks ago a man arrived here, whom Harris had reae
son to believe to be a dangerous criminal, and upon reference to his Vadd mecum, he found
him thus described therein: ‘Arrived at State Prison, Nar, 15, 1865, Foster, Geo., alias
Mortimer, second term; same as Charles Mortimer, a native of Vermont, sentenced for gzand
larceny, to seven: years from Siskiyou County; él-years-old, a tailor, 5 feet 6 inches tall,
florid complexion, blue eyes, auburn hair, full face, high forehead, scar over left eye,
two flesh moles on left cheekbone, scar on right temple, American coat. of arms incomplete on
‘right arm, three hearts pierced with arrows on same, sailor kedge, etc, etc, on left arm
Ce Elinn and C, J. F, indistinct on left arm, stout build.'...In answer to a notice published
by, the police, Charles Bergman, barber No, & K Street, opposite the Grand Hotel, presented
himself at police headquarters, and, being shown Mortimer, recognized him instantly: as a man
whose beard he had shave off yesterday about 10 o'clock, Mortimer had come into his shop at
that time, taken the first ‘seat, said he had got drunk the night previous and beaten and that
he wanted his beard shaven, - The boy John H, Malleis, cut the beard off and lathered him,
He noticed that on his right. cheek the beard was shorter and thinner than on th ‘left, and
that his cheek was scratched,,.,Part of the beard taken from the murdered woman s hand was
shown the boy who at once recognized the sameness of colore between it and that he had cut,
eeHis 'Moll' was arrested in the forenoon, and disclosed that she and he were at Mrs. Gib-
son's Thursday afternoon drinking, that she left early in the evening, leaving Mortimer
there, that he came to their rooms at ? o'clock at night, arranged his dress, left, and did
not return until early. Friday morningss.." BEE,- Sacramento, 9-21-1872 (3-2%3.)
: « LIFE AND EXECUTION - ran
Charles Mprtimer, alias Charles F, Flinn, born in 183) in a Vermont village. Is 39 years
old (at time of death). Parents moved to Boston when he was an infant, and from there to
Salem, Mass, Ran away from home at an early age and with other young rogues.s tole a boat
and lived as water thieves, Arrived at San Francisco in 1858, then being 2h-years-old,
That year moved to Sacramento where he was known as a deadbeat, occasionally working for a
loons and gambling, Joned a band of robbers
led by Thomas Bell which had headquarters at Jack Phillips! Mountaineer Home on the Folsom
Road, three miles from Auburn, Was believed to have been the actual killer of a peddler
~named Rosenbaum on the banks of Rose Spring near Phillips' place, but never confessed to
it. Gangs in the earea being broken up and in 1861 he returned to San Francisco, Was
arrested-a number of times and put in city jail on minor charges, In the Spring of 1862, on
‘Dupont St., robbed Conrad Pfeister of $980 and was caught. Sent to San Quentin in March,
1862, for one year for grand larceny, Served full term, emerging in Spring of 1863, Went
again'to'Sacramento and he and mistress, Nellie Brannay sentenced to 30 days in Sacramento
- County Jail on 11+31-1863 for disturbing peace, After release, returned to San. Francisco,
committing various thefts and spending small amounts of time in jail, In Auguts, 186),
(17th), he and another, after casing place for several days, entered pawnbroker's store of
larris H, Myers at 632 Commerciial Ste, between Montgomery and Kearney Sts., in San Francis-
co, Mortimer knocked clerk Henry Myers senseless with slung shot and he and partner robbed
the store of $1,000 in gold coin and $5,000 in valuables and walked calmly out. He then
went south to Belmont, Was not suspected of Myers robbery, but on 9=19-186h, was arrested
in Belmont for robbery of Chase L, Wiggins of San Francisco by entering his room in the
night and c loroforming him, Told arresting officer, George Rose, that if he would take
him to Santa Clara he would return the plunder, At seven that evening they started towards
et
i)
:
| ed
o
y
y
ct
rs
=)
@
‘fs
©
re
| eed
<
lox
:
a
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ee
2)
Q.
pre
a}
ct
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women, His co-laborer, Carrie Mortimer, whose testimony, however, may be taken with any
number of grains of sult, inasmuch is she 1s swearing a neck very ncessary to her own
health out of an imminent halter, swears that he speaks Frenchy Irish, Spanish and
English, 1t is known that he writes the English lanpuage with accuracy and taste, and
that he is a fair draughtsman," BEE, Sacramento, CA .12-11-1872 (3<l.)
¢
'
MORTIMER, hanged Sacramento, $-15-1873 = Continued = Page three ; |
e ‘
SantaClara, When a mile and half from there, Mortimer stepped behind, seized .a stone
and struck Rose .on back of head. ‘hey grappled but Mortimer managed to zet Rose's revole
ver and beat him with it until he fell. Mortimer pretended to run away, but came back
and, assuming the voice of a stranger, asked Rose what was the matter, Rose fell into
the trap and replied, opeming eyese Mortimer then took knife from Rose's belt and
jabbed into his neck and ran off, but returned and bit his finger of to be certain that
he was dead, On the 2lth, he shot and wounded 2 men pursuing him at Spanishtown, He |
returned to Siskiyou County where he had operated with the Bell pang and there committed
a robbery on Nov. 18, He and his companions were arrested and indicted on Jan, 12,
1865, and he gave the name of George Foster, pleaded guilty and was sentenced to 7 yeas
on Feb. 10, On the night of Feb, 12, he and three other prisoners,=King, Ferry and
Richardson = escaped afiter bindins and gagging the treka jailer, All were wetaken, with
Mortimer being caught at Cherokee Mary s, ten miles from Yreka, having been brought to, -:
while on the runy by a load of buckshot, one of which passed through uncer his ear and
lodged in his cheek bone, On March 15, 1865, Sheriff Crooks of Siskiyou arrived at San
Francisco where Charley was recognized and Rose desired to shoot him but was dissuaded.
The next day, Mortimer again placed in State Prison at San Francisco, ‘There he met
Jimmy Driscoll, a former member of the Bell pang. It was generally supposed among
prisoners that Driscoll planned to tell all he knew of the Rosenbaum murder, Driscoll
was poisoned and it was generally believed that Mortimer had done it. Mortimer was re=«
leased in early 1871, In June and July he was stealing his way through Santa Clara and
Watsonville vicinity, From there he went to San Francisco and then in November to
Sacramento, Elk Grove, and then to work for a farmer named Barney O'Neil, who he robbud,
He and his girl friend, carrie (?), continued robbing and lived on Greenwich St. and
_ Broadway in Sacramento, On 2-7-1872 he and another robbed the Santa Clara County treas-
ury of $17,000, and returned to Mountain View and then to San Francisco, On the night
of May 23, he followed Caroline Prenal, a Pike Streeter, from Owen Gaffney's Saloon to
her rooms and in the night choked her to death and robbed her, Afterwards he was sent to
San Francisco Jail for robbing a man of his watch and released after 90 days, He mur- |
dered Mary Shaw on Sept. 19, three days after returning to Sacramento, Arrested on Sept,
20. “as hanged at 1233 in Sacramento County Jail Yard, Roofs of houses and limbs of "
trees surrounding the yard were crowded with people wanting to witness the execution,
He said nothing from the gallows and his neck was broken by the fall, Condensed from
SACREMENTO BEE, May 15, 1873,
See also excerpt from HISTORY OF SISKIYOU COUNTY - Bund CALIFONNIA ~ Not vritten Up.
"San Francisco, 11-18-1872-‘he P@lice are in possession of evidence that Charles Mortimer
now in jail in Sacramento, is the man who killed Caroline Pennel, in this city, Some
earrings which belonged to the unfortunate woman have been found in the cell occupied by
Mortimer's mistress. It is thought that the charge of murder against Henri Bec will be
dismissed inview of this discovery," BEE, Sacramento 11-18-1972 (3=7.)
"The evidence in the trial on Monday of Henri Bec, for the murder of Czroline Prenel, es-
tablished the fact that Mortimer was her murderer, and Bec was acouitted, Owen Gaffney,
who formerly kept a saloon here, and who now keeps a saloon at 805 Washington Ste, San
Francisco, swore that he knew both Caroline Prenel and Mortimer; that on the night of
2th of May last, being the night that Prenel was choked to death, she was in his saloon
tight with about $1.50 in money; that after she had been in about fifteen minutes, Morti-
mer came in; that she treated him and started home; that Mortimer in a few minutes follo-
wed her, and that he, Gaffney, knowing Mortimer to be a bad man, followed him, saw him
enter Prenel s, and after five minutes watching did not see him come out; that after
Mortimer had been arrested here he told the above facts to one Pat. Hussey, and after the
last continuation of Bec's trial he told them also to Capt. Lees. L, Abrahams swore that
Mortimer had, on Sept, 5th, last, pawned for $).00 with him the ring recovered by Shearer
from Carrie Spencer, Carrie Spencerswore that Charles Mortimer wanted her to help him
get to the Insane Asylum, and that upon her promising to do so, he told her last Wednes-
day that he had choked Caroline Prenel, Mortimer is an educated butcher of defenseless
PA) i ae FP Whol’ iS ] ‘ae cd A Lhe Ch
“Brave Len
By WILLIAM B. SECREST—
California lawmen, Harris was widely
respected as a peace officer but kept a
lower profile than more noted officers.
1861, Len was put in charge of the
special police appointed to keep order at
the polls. At the time, fights and rigged
ballots were the order of the day.
Although Harris had his work cut out
for him trying to quell various disorders,
he wasn't above starting one himself, as
the Sacramento Union reported. ‘‘A
carpenter named Whittaker was trying
During the election of September |
California State Library
Leonard Harris—constable, police officer, deputy sheriff, and railroad detective.
long in the 1880s a drunken
cowboy paraded before a group
of terrified tourists at the Tuc-
son, Arizona, railroad depot. He had a
bottle in his pocket and waved his Win-
chester threateningly, obviously enjoy-
ing himself before his cringing audience.
Suddenly a tall man with a magnificent
_ beard walked down the platform and up
to the cowboy.
“What do you think you're doing?” he
asked. As the drunk turned to answer,
the stranger snatched the Winchester
and called him a drunken fool. By that
time an officer had pushed through the
crowd and took the cowboy into cus-
tody. The bearded man quietly disap-
26
Ae
peared. It had been none of his business,
but Len Harris never ducked his duty.
Born in New York in 1827, Leonard
Harris came west with the great gold
rush of 1849 after serving in the Mex-
ican War. He mined in California for a
time, but like so many others, he soon
tired of the backbreaking labor and
meager results. He tried various occupa-
tions before becoming a Sacramento
constable in the late 1850s. A staunch
Democrat, he was appointed as a Sacra-
mento County deputy sheriff, launching
a career that would make him one of the
more well-known officers of his time. A
contemporary of Harry Morse, Isaiah
Lees, Jim Hume, and other famed
rest
flee, (1 Te
to induce a voter to scratch the name of
Len Harris, Union Democratic candi-
date for County Warden, declaring that
Len was a Secessionist. Len, happened
along at this moment and denied the
charge, when Whittaker repeated it and
said he had a right to say what he
pleased. A collision ensued, and the
carpenter left the spot with his face
badly swollen.”
By 1866 Harris was undersheriff for
Sheriff James Lansing and made fre-
quent trips to the state prison at
San Quentin with prisoners. They were
routine journeys, but in late March 1867
Len faced danger from an unexpected
quarter. He had taken two convicted
felons to San Francisco on a Saturday
evening. Rather than wait for the
regularly-scheduled boat on Monday, he
chartered a small sailboat to take his
party across the bay to the prison on
Sunday morning.
Leaving the Broadway Wharf at eight
o'clock, the small craft headed north
across the bay into strong tides and
choppy water. They were some distance
out before Len noticed their skipper was
drunk as a lord and barely knew north
from south. Giving up on his oars, the
mariner put up his sail and barely
managed to avoid colliding with Alca-
traz Island. Soon the currents were
carrying them out through the Golden
Gate towards the Pacific Ocean.
The two prisoners were delighted at
the whole scenario and watched closely
for a chance to escape. Len had to watch
them closely after removing their hand-
cuffs in case they had to swim for their
lives. Meanwhile the lawman became
more and more concerned with their
situation. After nearly six hours bat-
tling the tide they managed to put
ashore, but on the north shore of the
True West
Golden Gate. VW
told them they «
the tide changec
ners made the ha
and wound up ta
after all.
His many trip
the years paid
deputy’s star wt
voted out of offi
tion as turnkey :
sitting a lot of ti
on Len’s nerves
Captain R.C. Gi
warden suspenc
ernor Haight rei
1871, but he dec
tion on the Sac
the first opport:
on the streets «
tive of the Sac
Sacramento i:
December 1992
94
description he had memorized. “Let’s see
what’s inside.”
A hurried inspection of the machine
revealed nothing of apparent Importance,
There was a pump, a jack, a few tools
under the front seat, ‘a penny box of
matches, that was all,
“Wait a minute—what’s this?” cried
Smith as he pulled from behind the rear
seat a green picce of cardboard. It was
the cover of a data book for a Pierce
Arrow automobile. Across the top in a
decidedly feminine hand was written the
name, “Miss Dawson.”
“Maybe this will tell us where to look
for Murphy,” suggested Smith. “If he’s
got a girl friend by the name of Dawson
and we can find her and make her talk,
we may learn something.”
“Yes,” agreed Kirkpatrick. “Stick it in
your pocket and we’ll check on it when
we get back to Long Beach. In the mean-
time we’d better look “around and see
if we can’t pick up Murphy’s trail.”
The officers reasoned that Murphy
probably hadn’t remained in town. They
checked the bus and. railroad terminals.
The agents and clerks looked at photo-
graphs of the suspect. None of them
eculd remember having seen him.
| Fp nin flows free near the border, It is
not uncommon, therefore, for ore who
imbibes to wake up with a hang-cver in
a rooming house or perhaps in jail. The
detectives made the rounds. They visited
every jail in the valley, checked the
rooming houses. From El Centro they
went to Imperial, to Brawley, Calexico,
and even the wide-open Mexican border
town of Mexicali. There was no trace of
Murphy. The officers returned to Long
Beach.
With the green data book cover found
in the abandoned car at hand, they turned
to a new field. They wired the State
Division of Motor Vehicles at Sacra-
mento and requested a list of Dawsons
owning Pierce Arrow automobiles, Back
came the word that only one person in
the State by the name of Dawson owned
such a car. Horace Dawson, of the
Olympie Club, San Francisco, was that
person,
The man might be the father of the
Miss Dawson whose name appeared on
the cover of the data book, the officers
reasoned. Accordingly San Francisco po-
lice were requested to interview Mr. Daw-
son. They did.
Mr. Dawson was a bachelor, they found.
He hadn’t lost a Pierce Arrow data book,
didn’t know Leo D. Murphy, Miss Daw-
son was not his daughter and what was
more, he didn’t appreciate being ques-
tioned in connection with a murder case,
‘The only likely lead in the case thus
blew up in their face. The detectives
were back where they started. So far-as
results were concerned, they might just
as well not have found Murphy’s aban-
doned car.
The next three weeks slipped by with-
out event. Police, however, remained
busy. They delved into the records at
Fresno, found that Murphy had been
accused of embezzlement in 1920 and that
sometime later the charge had been dis-
missed upon recommendation of the Dis-
trict Attorney’s office.
The year 1926 came to a close. On
the morning of January 6th, 1927, the
telephone in the Long Beach Detective
Bureau rang. Captain Murphy picked up
the receiver,
“It’s. long distance from San Diego,”
twanged the operator. ‘Captain Hays
wishes to speak to Captain Murphy.”
“We've got your woman for you, Cap-
tain, the mysterious Mrs. Murphy,” said
the San Diego officer. “Picked her up
True Detective Mysteries
when she called for her mail at the post
office.”
“Great work, old man!” shouted Mur-
phy. “TIM send omy men down night,
away.”
Smith and Kirkpatrick look to the road
again and reached San Diego in less than
three hours. In the office of Captain Hays
they confronted the woman. She was an
attractive brunette with flashing brown
eyes, dressed better than average. About
thirty years of age, she was the type at
which the average fellow would take a
second look. ,
“Well, Mrs. Murphy, let’s hear your,
story,” began Smith. “What do you know
about Murphy?”
“Plenty! But I didn’t have anything to
do with that murder. I’m married to
him. I’m the Mildred Merrill you’ve been
looking for, Dan and I got married in
1924. Later I went to San Francisco and
he got a job in Fairfield. I didn’t see
him for quite a while.
“Then, carly last December he came
Leo D. Murphy before he became an
object of interest to every police
officer in the country
November 1935
to my apartment. Tle was tired, nerves all
shol, said he wanted to leave town. I had
some money, so we pulled out.”
“Was that when you came to Los An-
geles and San Bernardino?” interrupted
Smith,
“Yes, we skipped out of the hotel there
and drove to San Diego where Dan got
a job. One morning at breakfast he
dropped the paper he was reading, grabbed
a sweater, ran out to his car and drove
away.
“I picked up the paper. There I found
the reason for his action. A headline told
it all:
Brive or Turee Weexs Dies; Missina
Huspanp Soucur on Murper Cuarce
“It was the story about the Buttles girl
dying and _the police wanting Dan. That
was the last time I saw him.”
“Where is he now?” queried Kirk-
patrick
“I don’t know. I’ve told you every-
thing.”
At the end of four hours the officers
decided they were getting nowhere. They
ordered the girl released, and headed back
to Long Bach, They were not forgetting
her, however, for they asked San Diego
police to keep an eye on her.
Time marched on. In its wake was an
eventless 1927. The year 1928 passed. No
trace of Murphy was found. The police
had done all they could. It simply was a
matter of watching and waiting.
At about that time J resigned as Lieu-
tenant Governor of California and be-
came a candidate for District Attorney of
Los Angeles County. I was elected by a
comfortable margin. Now I was in a posi-
tion possibly to keep my pledge to Mr.
Buttles. I had promised him that if ever
it were in my power to bring the slayer
of his daughter to justice I would do so.
For the job I selected one of my most
dependable investigators in the person of
Jack Southard. A keen-minded, hard-
working officer, he was admirably fitted
for the task. He had an enviable record
on other cases. I assigned him the job
with instructions to follow it through to
the end.
OUTHARD at that time was assigned to
the Long Beach branch of my office.
He began his work systematically, knowing
of my pledge to Mr. Buttles. He reviewed
the case from the beginning and con-
ferred with the Long Beach officers who
had worked so hard on it.
A new bulletin bearing a photograph
and detailed description of Murphy was
printed to send to every police depart-
ment and sheriff’s office in the country.
Results were not forthcoming immedi-
ately. Days again dragged into weeks,
months—and years. New crimes claimed
the headlines; the public again forgot the
Murphy murder case. The stock market
crash of 1929 became history. Events of
1930 flashed on and then off the screen
of public attention; nothing of importance
developed in the exse in 1931 or 1932. It
Was not until the folowing year that
things began to happen.
As part of its program of publi¢ ser-
vice, Truz Derecrive published in the
issue of December, 1932, a photograph
and description of Murphy in its Line-Up
list. of fugitives. It told of the crime for
which he was sought and the fact that he
had dropped from sight nearly seven
years before.
Readers of this magazine the country
over responded instantaneously. They
would get Murphy! Persons resembling
Murphy were spotted in widely separated
locations, both in the United States and
in Canada. Letters poured into the office
Thes
some
Vaug
oT
throv
replic
Th
“OLA
do, s
smile:
“Ny,
one t
Di
gain
to bo
onity:
inter!
effecti
situati
wards
Vaugh
Waitin:
she ac
home
. Vau
ter’s a
where
talk, x
Her
reveale
adverti
about. ;
both ¢
friends
Obviou
Vaug
felt she
have bi
his dete
Fle didi
fustead,
tunity ;
That
tpartme
time ly
drinking
“Take
ing fron
mel toss
Vaugh
Derectn
Murphy
“Not
taurked.
“Now
4 smapsh
=
Deputy-District Attorney William
Brayton (left), who prosecuted the
case, and Leo D. Murphy
of again starting from the beginning.
He conferred with postal authorities
and learned that a James R. Callaghan
had until sixty days before been receiv-
ing mail at the Gordon Printing Com-
pany, 211 North Presa Street. Vaughn
headed for that location where he inter-
viewed Charles W. Gordon, head of the
concern. Callaghan, he learned, had
worked there as an advertising salesman,
but had quit two months before and left
town.
Gordon studied the picture of Murphy
which Vaughn showed him. It was strik-
ingly similar to Callaghan, he said, except
that the latter wore a mustache.
To make sure he was not sending us on
a wild goose chase, Vaughn secured from
Gordon samples of Callaghan’s hand-
writing. These he sent to Investigator
Southard, who in the meantime had gone
to Fresno and obtained letters written by
Murphy during his courtship with Cor-
nelia Buttles. These he submitted to
Lieutenant Howard Nutt, handwriting ex-
pert of the Los Angeles Police Depart-
ment. Nutt examined them carefully.
“These letters were written by the same
person,” he told Southard, pointing out
some of the more obvious points of sim-
ilarity.
Thus, through the medium of handwrit-
ing, we proved that James R. Callaghan
and Leo D. Murphy were the same person.
Vaughn continued his work in San An-
tonio. From Charles Gordon he learned
that on March 28rd, 1933, Callaghan had
sent a wire to someone in Los Angeles
requesting money. He signed the telegram
Bertha. Unfortunately Gordon did not
know to whom the message had been
sent. From other sources Vaughn learned
that Bertha Callaghan had told of hav-
ing relatives in Phoenix, Arizona.
NVESTIGATOR SOUTHARD went to
the main office of the Western Union
Company in Los Angeles when he learned
of Callaghan’s telegram to Los Angeles. He
identified himself and then made an un-
usual request. He asked to be allowed to
look through the onion skin copies of all
telegrams received in Los Angeles late in
March.
There were thousands of them. South-
ard started his tedious job. One by one
he examined them, looking for one from
San Antonio, Texas, bearing the signature,
Bertha. He came to the telegraph office
early and worked late. For three days he
toiled without success. Then on the fourth
day his efforts were rewarded. He found
the wire he was seeking. It was addressed
to Gertrude Hindman, 905 South Nor-
mandie Avenue,
Southard, the seasoned officer that he
is, did not rush immediately to the ad-
dress on Normandie Avenue. If the
Hindman woman knew of Murphy’s
True Detective Mysteries
whereabouts, it might only serve to tip
him off if an officer were to question the
woman. Prudently he decided to delay
his visit to 905 South Normandic Avenue.
His next move lay in the direction of
Phoenix. It seemed. logical that if Bertha
Callaghan had relatives there that either
she or her husband might seek that place
as ‘a refuge. He discussed his idea with
Captain Clyde Plummer under whom he
was working.
“Play your hunches, kid,” Plummer told
him. “It’s not far to Phoenix and you
might find something hot down there.”
The next day, June 5th, Southard and
Investigator Percy Collyer, since deceased,
left for Phoenix. They arrived literally to
find something hot: The thermometer
eo at 135 in the shade, and no
shade.
OUTHARD and Collyer went immedi-
ately to the office of Sheriff J. R. Me-
Fadden, where they were offered every
facility of the department. A list of all
the people by the name of Callaghan
living in Phoenix was furnished then.
The city: directory revealed no Callaghan
whose first name was James.
One by one, they eliminated the names.
Each was identified or vouched for by
Bertha Callaghan, at left of post, last
wife of the murderer, at his trial
Sheriff McFadden or men of his office.
One was a plumber, another a merchant.
and still another a laborer, all respected
citizens.
Failing to make progress on this front,
the officers went to the post office. Mur-
phy, going under the name of Callaghan,
might, if he were in town, be receiving
mail at the general delivery window. The
postmaster checked the mail in that sec-
tion.
“Here it is. Just what you’re looking
for,’ he exclaimed. “A letter addressed
to J. R. Callaghan, General Delivery.
Must be a newcomer. First time we’ve
had a letter for him.”
The officers blinked in amazement.
They couldn’t believe the solution was
to be so easy. The next step was to
catch Callaghan when he called for the
letter. Southard and Collyer waited. After
what seemed ages the postmaster gave a
pre-arranged signal which meant the let-
ter was being called for.
Southard stepped out. “All right, Mur-
phy, we’ve got you. No funny business
now!”
It was that quick and easy, at the end
of the long, long trail. It seemed in-
credible.
“’m sorry, mister, but my name isn’t
Murphy. It’s Callaghan, John Callaghan,”
said the man. He was a tall, slender man,
well past middle age. He didn’t resemble
Murphy in the slightest degree. What
was more, he produced identification to
show that his name really was John Cal-
Jaghan and that he wasn’t getting the let-
ter for somcone else.
The officers returned to Sheriff MelFuad-
den’s office, disappointed.
“We'd better have the boys in Los
Angeles check on that Hindman woman,”
Southard suggested. ;
etting his words to action, he tele-
phoned Captain Plummer in Los Angeles.
Plummer in turn sent Detective Lloyd
Yarrow to interview the woman. Without
revealing the true purpose_of his visit,
Yarrow learned that Mrs. Hindman was
the sister of Bertha Callaghan, the wait-
ress whom Vaughn had first contacted in
San Antonio, Texas, and that a third sister
lived in Phoenix. He learned the address
and sent the information to Southard and
Collyer.
Accompanied by Sheriff McFadden, the
two investigators went immediately to the
location. The house was in darkness;
there was nobody home. From a. near-by
point of vantage the officers waited and
watched. Shortly before midnight a car
pulled into the driveway and a man and
a“ woman entered the house. A moment
later Sheriff McFadden rang the door
bell. A clean-cut man of middle age
opened the door.
“Why, Sheriff, what brings you here
this time of night?”
“Want to talk to you and your wife a
little,’ McFadden said simply. “These
men are officers from Los Angeles.”
Due to the prominence of the man and
his wife and the fact that they were in
no way involved in Murphy’s crime, they
have been pledged that their names never
will be revealed in connection with the
investigation. For the purpose of the
story I shall call them Mr. and Mrs.
Charles Crawford.
“We'd like to know where your sister
Bertha is, and her husband also, Mrs.
Crawford,” began Southard. “It’s mighty
important that we find them.”
“Really, I don’t know where they are,”
replied the woman, apparently a bit dis-
turbed at being questioned. “I haven’t
heard from Bertha for months.”
“Mrs. Crawford, we have reason to be-
lieve you know where Bertha and her hus-
band are,” came back Southard, taking a
shot in the dark as it were, for he had
nothing to back up his statement at that
moment. “If you know anything at all
about them, you'll find it much pleasanter
if you tell us.”
RS. CRAWFORD insisted on_ her
complete ignorance of the where-
abouts of her sister. Sheriff McFadden and
Investigator Collyer questioned her to no
avail. All but convinced that their trail
had led them into another blind alley, the
officers were about to depart.
Southard had been seated by a writing
Investigator Percy Collyer (left),
since deceased, with Investigator
Jack Southard
pear
flooi
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ber 1935
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Line-Up
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They
stiees ‘ing
ted
and
ffice
of True Detective and the Long Beach
Police Department.
Murphy was studying to be a Catholic
priest in New York City, one report said.
He was a cook in a lumber camp in the
fuountains of British Columbia, said an-
other. He had been seen working as a
butcher at Brawley, California, a. sales-
man at Albuquerque, New Mexico. Trur
Detective readers thought they had seen
him in Chicago, Dallas, Minneapolis,
Denver and Seattle.
Each report had to be investigated,
Police in the city where Murphy was
thought to have been seen were notified.
They ran down the leads: in some Cases
the suspects looked remarkably like the
man sought; in others there was only «a
slight resemblance, One by one the sus-
pects were eliminated. None of them was
Murphy.
On April 28rd, 1933, Jack WL. Vaughn,
formerly a Burns operative and now 4
private detective with years of police
experience, drove into San Antonio, Texas,
on business. It was mid-afternoon when
he slid his shiny new coupé to a halt in
front of the Bungalow Café and jumped
out. He was hungry.
“T think I’m going to like this,” Vaughn
‘old himself as an attractive dark-haired
waitress placed a menu before him. “It
looks interesting.”
“TA7HAT’LL it be,” smiled the waitress.
She paused to adjust her glasses,
They were thick, heavy ones which looked
somewhat out of place on her pretty face,
Vaughn thought.
“Dl take the special lunch if you'll
throw in a little conversation.” Vaughn
replied. “I don’t like to eat alone.”
The waitress was equal to the occasion.
“O.IX., pal. What do you want me to
‘lo, sing, dunce or make a speech?” She
smiled.
“Nothing like that, I just want some
one to talk to.”
During the meal they talked. The girl
igain adjusted her glasses. They seemed
to bother her, Vaughn thought. His curi-
osity was aroused, but he didn’t let it
interfere with getting acquainted. The
effectiveness with which he handled the
situation was demonstrated shortly after-
wards when the waitress got off work.
Vaughn, in his shiny new automobile, was
waiting outside. Without great formality
she accepted an invitation to be driven
home by the detective.
Vaughn and the girl drove to the lat-
ter’s apartment at 101 Madison Avenue
where she lived alone. She wanted to
talk, so Vaughn listened,
Her name was Bertha Callaghan, she
revealed. Her husband, a promoter and
advertising man, had been out of town
about a month. She was working to make
both ends meet, ‘and in the meantime
friends were caring for her year-old baby.
Obviously, she was lonesome and blue.
Vaughn wus curious about the girl; he
felt she concealed a mystery. It might
have been fascination, or perhaps it was
tus detective intuition working overtime?
He didn’t bother to analyze the situation’
Instead, he took advantage of the oppor-
trinity and made a date.
That evening they met outsiele the
‘partment and went for a drive. Some
time later they sat in a beer parlor
drinking. Bertha talked freely.
“Take a look at this,” she invited, tak-
ing from her purse ao magazine clipping,
indl tossing it across the table,
Vaughn picked it up. Twas the Tree
Derecrive Line-Up picture of Leo D.
Murphy.
“Nota bad) looking follow.’ le ves
raarked.
“Now look at this.” She handed him
iosnapshot of a heavy-set man of about
True Detective Mysteries
middle age. He was grinning pleasantly ;
ucross his forehead was a V-shaped sear.
Vaughn stared at the two pictures. The
resemblance was striking. With consid-
erable effort he concealed his surprise.
“Do you know this fellow?” he asked
casually.
“Know him?” Bertha laughed. “Vl say
IT do. He’s my husband.”
Vaughn had heard of the Murphy mur-
der case years before, a horror killing
known from coast to coast, and he knew
that the murderer never had been appre-
hended. He realized, too, that he had
Just stumbled on to the hottest tip in
his entire detective career. He knew it
a situation demanding careful han-
dling.
“So that’s what your husband looks
like. It’s a good thing he’s not here.”
He feigned not to show excessive interest
in the pictures.
“I showed him this magazine picture
before he left,” Bertha continued. “Told
me all about it. Said the police wanted
him for killing a girl in California. Real
name is Murphy, but he’s going under
the name of James R. Callaghan. I mar-
ried him two years ago. We were happy
until this came up and he left me.”
Vaughn listened attentively. When she
had finished, he changed the subject,
found an excuse to return her to her
apartment. He left her with a promise
to return,
Three days later Long Beach police re-
ceived a letter from Vaughn in which he
told of his experience. Captain Murphy
immediately wired Chief of Police Owen
W. Kilday, at San Antonio, to question
the woman to whom Vaughn had talked.
The following day an officer from the
San Antonio Police Department inter-
viewed Bertha Callaghan at her apartment.
She was cordial but evasive. She denied
knowing Vaughn, declared she never had
heard of Murphy, and said that her hus-
band was visiting relatives in Illinois.
The officer left. When he returned later,
the apartment was empty. Bertha Calla-
ghan had suddenly disappeared!
Jack Vaughn, the private detective, had
run into blank walls before. He was not
discouraged easily. So, when his source
of information was shut off, he only
worked the harder. He stayed in San
Antonio for more than a month. After
a systematic search he again located
Bertha, She was living in an apartment
near-by. He talked to her frequently, and
at regular intervals mailed reports of his
activities to me as District Attorney.
These reports I turned over to Investiga-
tor Southard with instructions to take
whatever steps he deemed necessary.
OR several weeks private business took
Poacnice Vaughn to other parts of
Texas. On June 13th, Southard got word
to him and authorized him to investigate
the case on behalf of my office.
Vaughn returned to San Antonio, but
was doomed for disappointment. He went
to the apartment where he last had seen
Bertha Callaghan. She was not. there.
From the landlady he learned that the
woman he sought had left hurriedly with
a tun ten days before. The departure
had been so hurried that she had left her
clothing and personal effeets.
“Does this look like the man who took
her away?” asked Vaughn, displaying the
picture of Murphy.
“Why. thats Adm, sure as you live!”
declared the landlady. “Vd know him in
Coombe.”
Other than that the landlady was able
fo give Vaughn no help. Murphy, it
scemcd, had slipped into town and out
again, taking with him his wife. There
was no way of telling in which direction
he had fled. Vaughn faced the necessity
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desk. At his feet was a waste paper bas-
ket. He had paid little attention to it,
but as he sat there, contemplating the
next move, he glanced into the basket. He
saw several pieces of a letter which ap-
parently had been torn and thrown away.
Curious, he picked it up and read. What
he saw caused him to come to his feet
with a start.
“Wait a ‘minute,’ he cried. “What's
this?”
Across the bottom of one of the pieces
of paper which he held in his hand was
written a sentence which under ordinary
circumstances would have been insig-
nificant.
“Bertha and her husband and baby are
here,” it read. “They came in last night.”
“So you do know where they are,”
shouted Southard.
“Suppose I do. What do you want them
for?”
“Murder,” replied Southard. “Bertha’s
husband isn’t James Callaghan; he’s
Leo D. Murphy, a man we’ve wanted for
over seven years. He killed his wife, and
he might kill Bertha. If you want to
save your sister, you'd better tell us
where he is.”
“P}] tell you where he is. In Pittsburgh
with friends,” she confessed. “That letter
you found in the waste-basket is from a
Woman we both know back there, a Mrs.
Edna Johnson. She lives at 7630 Race
Street, Pittsburgh. That’s where he and
Bertha are.”
WAHE officers scarcely dared believe their
ears. They hurried to the telegraph of-
fice. In a few minutes a wire over the sig-
nature of Sheriff Mcl'adden was being
flashed to Pittsburgh.
“WE HOLD FELON WARRANT FOR
MURDER AGAINST ONE J. R. CAL-
LAGHAN, ALIAS LEO D. MURPHY,
BELIEVED TO BE LOCATED AT 7630
RACE STREET YOUR CITY. IS A
DANGEROUS CHARACTER.”
Pittsburgh swung into action without
loss of time. Detectives Edward V. Scan-
lon and Thomas J. Donohue were selected
for the task of bringing in the fugitive.
They were familiar with the Murphy case
and knew that extreme caution would
have to be used. They climbed into a
patrol car and headed for the address on
Race Street, which is quite a distance
from Police Headquarters.
At 4:30 A. M. that morning of June 6th,
1933, Detectives Scanlon and Donohue
pulled to a halt in front of 7630 Race
Street. It was a two-story brick house
that looked much like the other houses
on the street. The building was cloaked
in darkness and there seemed to be an
ominous silence about the place.
The two officers glanced about them,
decided there was no reason to delay,
so they mounted the steps of the house.
Scanlon pounded a heavy fist_on the door.
He and Donohue waited. There was no
response. He knocked again,
Then a light flashed on in what ap-
peared to be a bedroom on the second
floor. There were sounds of somedne
moving about. The officers waited a kit
impatiently. Someone was coming down
stairs. The key turned in the lock and the
door swung open.
The officers reached for their hips as the
form of a man appeared in the doorway.
They peered through the darkness.
“What do you want at this time of
night?” the man grumbled, at the same
time switching on the porch light.
“Are you Callaghan?” began Scanlon.
The question was unnecessary he realized
as soon as he had asked it.
“No, my name’s Johnson. Callaghan’s
gone.”
The two detectives often had scen the
True Detective Mysteries
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Young, beautiful with a zest for liv-
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(Specially posed)
Son poh
SHO
TOH
TO ¢
DREA
HE
the
fron
restinc
Ther
middle
right s
crimso
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spectal
comple
had bec
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murder
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/
SHOOTING A GUY FOR LAUGHS GAVE HIM A THRILL AND PROVED
TO HIS GAL HE WAS “HOT STUFF" . . . POSITIVE HE WAS IMMUNE
TO CAPTURE, THE KILLER WENT ON HIS MERRY WAY, LITTLE
DREAMING POLICE HAD SOME POSITIVE PLANS OF THEIR OWN .
man lay recumbent beside
the road, his feet a short distance
from the pavement and his head
resting in a shallow ditch.
There was a bullet-hole in the
middle of his forehead, and on the
right side of his neat white shirt, a
crimson stain told of other wounds.
He was well-dressed and re-
spectable looking, a stocky, dark-
complexioned man of about 50. He.
had been dead an estimated three or
four hours, which meant that the
murder had occurred early that’ af-
ternoon of Monday, October 11.
The grim scene was located on
Winton Avenue, about a mile south-
east of Hayward and 15 miles from
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discovered until it was seen a few
minutes earlier by the motorist
who had given the alarm.
“There’s plenty of traffic on this
road,” he observed. “If he was here
three hours or more, you’d think
somebody would have reported it
sooner. Is it possible he was killed
somewhere else and _his body
dumped out here a short time ago?”
“No, I think it: happened right
here,” Deputy Sheriff Richard Con-
don replied. “See that dried blood
on the grass under him? A dead
body doesn’t bleed that much. He
was alive when they brought him
here, quite a while ago.”
By FRANK WARD
“Yes,” agreed Deputy Sheriff “Al-
fred Ayres, “but he was wounded or
badly hurt. Those drag marks show
he was hauled over here from the
road, and the way his coat is pulled
up around his neck indicates the
killer had hold of his collar. You
don’t drag a man that way if he’s
able to put up a fight.”
" Adams nodded. He decided that
the previous motorists had mistaken
the corpse for the sleeping form of a
drunk.. Nobody liked to bother with
an inebriate, because he might prove
troublesome. °
The setting sun was casting long .
- Shadows over the scene as they ‘all
stepped aside to permit Deputy Fred
Harnden, the chief
When he finished, Adams and the
deputy coroner turned the body over
to continue their careful examina-
tion. f
As they were doing so, a bullet
fell out of the victim’s clothing. It
had ‘passed completely through the
‘body but had failed to pierce the
coat. A second bullet had made its
exit at the back also, but it was
nowhere to be found. A hole through
the coat indicated that this wound
had been inflicted before the victim
was brought there, for the coat was
half off the body and the bullet could
not have passed through it in that
position.
The third slug had completely
penetrated the skull, a gaping wound
in the back revealed. The slug was
/
identification.
. Officer, to photograph the corpse.
, Tecovered by Ayres, who dug it out
of.the ground. a
It seemed apparent, then, that the
man had been shot twice in the body,
perhaps while’ riding in an auto-
mobile. Then, after being dragged
from the car, he had been finished
off with a bullet through his brain.
The officers all agreed that these
~ circumstances pointed to one of the
most deliberate murders they had
ever investigated. All three slugs
were metal-jacketed and appeared
to be of .32 caliber, a type of bullet
designed for automatic pistols. :
They were inclined to suspect that
robbery was the motive for the
crime. But when the vi¢tim’s wallet
’ was opened, it was found to contain
over $90 in currency.
Adams searched the billfold and
drew out several cards. Among
them were a driver’s license and a
chauffeur’s license. They had been
issued to one John Lucia, whose ad-
dress was on Leavenworth Street in
San Francisco.
There was also an ownership cer-
tificate for a 1935 Packard limou-
sine. It bore the same owner’s name
and address, and the license number
of the automobile was given as
“PCF-3100.”
Pointing out that “PC” meant the
car was operated as a public con-
veyance, Condon surmised that Lu-
cia had probably driven it for hire.
Many -persons preférred to employ
a limousine rather than hire a taxi-
cab, and there were a number of
such chauffeurs operating in San
Francisco.
“Yes, and this is Lucia,” said
Adams. “The description on the
operator’s license fits him perfectly.”
When they found no car keys on
his person, they wondered whether
the motive might not be robbery,
after all. It was possible that a
hitchhiker, or perhaps a passenger
z OA rogues’ gallery photo of the reckless redhead, looking not
=. too. glamorous after police caught up with her and her lover.
‘made “an enemy, so far as any of them knew.
The. more they. questioned. these people, the deeper
the mystery became. Undiscouraged by their lack of
progress, they patiently continued to look for someone
’- who might provide some faint clue to the brutal slaying.
- - Across the bay in Oakland, meanwhile, two other
- sheriff’s detectives. set out for Hayward. to hunt for
Lester French, They were Peter J. Starasinic, who has
» since succeeded’ Adams as. Chief Criminal: Deputy, and
' George Wisner. ©
French’s name’ was not listed in the telephone di-
rectory, but by good luck they succeeded in locating
«him within an hour. He was employed on.a building
project, and they located him through the local union.
“Yes,” he said, “I know John Lucia, but I haven’t seen
~ him for months.” :
. He admitted, also, that he owed Lucia a considerable
sum of money. But he denied that there had been any
# that day. ‘3:
anch. He owed
money, but he
ntention of pay-
‘tioned last week
» would have to
d see him about .
4
yres inquired.
ousy. But it’s just
| to run over there
- I mentioned it!
juestioning failed
ner leads, the two
i her, expressed
and left.
Building, Condon
s and reported the
nterview with the
ie k
ebody out to loo
ight away,” Adams
you going to do
ead over here,”
ea ‘Somebody
> Building may have
1 he started out. If
ssengers with him,
gut who they are.
ums approved. “Let
you find out.”
i Ayres began mak-
ies among the cab
oys, shop keepers and
srry Building. Nearly
d. known Lucia well.
iid remember seeing
tand for the last time.
vers said the Packard
. all afternoon. They
whether Lucia had
alone, “however, OF
d a passenger.
ed Mrs. Lucia’s state-
er husband’s excellent
ey said he had never
Lucille Eyre was the
first to break down and supply the gory de-
tails of the
auto ride that cost a man his life to provide a thrill.
“I always shoot them in the head," the killer bragged, aiming his
gun at his hapless victim. But to police, he told a different story.
—— » aie a ai
trouble between them, or that he had seen Lucia
Learning that he was suspected of murder, French
: , easily proved an alibi. He had been at work all day,
23
ij
22
RY
See
t
The official police photo of John Lucia, left, as he was found in the roadside,
dead. At right the victim as he was in life—a well-liked and respected citizen.
who had hired the limousine, had
slain him to get the car.
“But that doesn’t make sense,”
Adams argued. “The kind of person.
who would murder a man for his
automobile would almost certainly
take his wallet and the $90.”
They concluded that it looked
more like a grudge killing.
“Somebody certainly took him for
a ride,” Harnden declared, “and
apparently he wasn’t after his
money. He didn’t care whether we
identified him immediately, either,
or he’d have removed those papers.”
Did this mean that the murderer
had no fear of being traced, that he
had never been associated with the
victim and therefore would be un-
known to Lucia’s friends? If so, the
chances of solving the case were not
promising.
The murder scene was in a stretch
of countryside where the houses
were rather widely separated. There
was a fruit orchard on the side of
the road where the body lay, while
on the opposite side an open field
extended behind a row of walnut
trees.
The corpse was taken to the
morgue in Oakland, and Adams di-
rected a search for additional clues.
None were found. Furthermore, the
people living in that neighborhood
asserted that they had heard no gun-
fire and hadn’t noticed anything of a.
suspicious nature.
At Adam’s orders, Condon and
Ayres drove across the Bay Bridge
and went to the Leavenworth Street
address in San Francisco. An at-
tractive, neatly dressed woman came
to the door. She said she was John
Lucia’s wife.
. While she waited for them to state -
their business, they asked several
*
more questions. Then they broke the_
tragic news to her. f
“No!” she cried. “No, there must
be some mistake! Not my husband
—who would want to kill him?”
But when she produced a photo-
graph of Lucia, they had to tell her
that there could be no doubt about
the identification.
A few minutes later, when she had
recovered her composure somewhat,
they attempted to learn the names
of any persons who might be po-
tential suspects. She could think of
none,
“Everybody liked John,” she as-
serted. “Everybody had a good word
for him, and he had no enemies.”
Since the “ride” slaying might be
the work of gangsters, they asked
whether he had ever been mixed up
in any racket. :
“Oh, no,” she said, “he just drove
the Packard for a living. He had a
regular stand down at the Ferry
Building. No, he didn’t associate
_ with rough characters, either.”
“It’s possible,” Condan explained,
“that some thief did it to get the
car. Did your husband drive it
today as usual?” é
“Of course,” she replied. “T’ve
been expecting him home at any
minute. But I wasn’t worried, as he
sometimes got back late when some
passenger had hired him to drive
out of the city.” 4
Lucia hadn’t told her he was going
to Hayward, she said, and ‘she
‘ecouldn’t think of any reason he
might have. had for going there,
unless he were hired to do so.
But presently she ‘remembered
something.
“John knew a man who lives near
Hayward,” she told them. “I don’t
know his address, but his name is
French—Lester French. He owed
my husband some money, but he
hadn’t shown any intention of pay-
ing it, so John mentioned last week
that he thought he would have to
go to Hayward and see him about
ita
“Did he go?” Ayres inquired.
“No, he was too busy. But it’s just
possible he decided to run over there
today. That’s why I mentioned it.”
When further questioning failed
to uncover any other leads, the two
deputies thanked her, expressed
their condolences, and left.
At the Ferry Building, Condon
telephoned ‘Adams and reported the
results of their interview with the
slain man’s widow.
“P’1]_ send somebody out to look
for this French right away,”’ Adams
said. “What are you going to do
now?”
“Try to pick up a lead over here,”
Condon explained. ‘Somebody
around the Ferry Building may have
seen Lucia when he started out. If
he had any passengers with him,
we'll try to find qut who they are.”
“Good,” Adams approved. “Let
me know what you find out.”
ONDON and Ayres began mak-
ing. inquiries among the cab
drivers, news boys, shop keepers and
others at the Ferry Building. Nearly
all of them had. known Lucia well.
But no one could remember seeing
him leave his stand for the last time.
The cab drivers said the Packard
had been gone all afternoon. They
had no idea whether Lucia had
driven off alone, however, or
whether he had a passenger.
All confirmed Mrs. Lucia’s state-
ments about her husband’s excellent
character. They said he had never
Interior of suspect's car told a story of its own.
Right hand door of this old car was important clue.
cn ey Pie ga ;
bt Wie Ee neal
HEADQUARTERS DETECTIVE
Se Si
His approach to women was that
of a. “Good Samaritan’—but
meeting him was like coming into
contact with the Devil himself
(
* HELEN TOWNSEND glanced nervously at the bob-
bing headlights in her rear-view mirror. There was no
longer any doubt that the other car was following her.
It had come up fast, abruptly slowed, and now it kept
pace, just a few yards behind, as Helen alternately
slowed and speeded up again. The two cars were alone
on the dark, fog-shrouded suburban street.
The ‘attractive 24-year-old brunette was far from being
a timid person. Tall, lithe and athletic, she was a cool-
headed, capable and self-reliant young woman. She worked
as night switchboard operator at an aircraft parts plant in
the San Fernando Valley northwest of Los Angeles, Cali-
fornia, and she was used to driving home alone after mid-
night to her apartment in an outlying community.
But it was especially dark and lonely at 12:30 A.M. on
that chilly, foggy autumn Tuesday morning of November
24th, 1959. Very little traffic was abroad in that quiet
residential section of the populous valley, a few blocks off
busy Sepulveda Boulevard. Only a few faint lights glimmered
in the distance, as Miss Townsend drove north along Has-
kell Avenue near Lassen Street, past the dark, sprawling,
shrubberied grounds of the big Veterans Administration
Hospital.
Recalling recent newspaper headlines about rapes, rob-
beries and assaults on lonely streets, the young brunette
shuddered in spite of herself. She was only a few blocks
from home. She stepped on the gas to make a run for it.
Suddenly the pursuing headlights began to blink off and
on, and the driver honked his horn. Helen Townsend was
somewhat reassured. It didn’t seem likely that someone
of felonious intent would signal in. so open a manner.
There must be something wrong. Possibly the other driver
needed help. Helen slowed down and pulled over. The
other car drew abreast. The lone man at the wheel leaned
over and rolled down his window. “Hey, lady,” he shouted,
“your car’s on fire.”
The startled young woman pulled up on the road shoul-
der and stopped her sedan under one of the sparse sstreet-
lights. She cut off her motor and clambered out. The man
had parked behind her. He was getting out of his battered
old sedan as Helen hastened around to inspect the back of
her car. She saw nothing amiss.
“I don’t see any fire,” the excited girl said with a puz-
zled frown. “Where was it coming from?”
“Well, it was sure flaming from the rear, just a few sec-
onds ago!” the stranger told her. He was a hatless, husky
young man dressed in khaki work clothes. “It must have
stopped when you cut your motor. Maybe it’s your muffler.
I'll take a look for you.”
He got down on his knees and peered under the car.
HEADQUARTERS DETECTIVE
Hard-faced suspect denied all.
Helen Townsend pressed close beside him, trying to see
what was wrong. The man reached underneath and tapped
the hot tailpipe gingerly. “——Seems to be okay—muffler
doesn’t seem to be loose,” he muttered. “Must be something
else. It was sure blazing, lady, take my word for it! Let’s
see, now——”
The Good Samaritan stood up and brushed his trouser
knees. Then suddenly, without a further word, he grabbed
the shapely brunette by one arm and jerked her off balance.
Helen screamed and struck at him with her free hand. The
man slugged her savagely in the stomach. As she doubled
up momentarily with pain, he started to propel her toward
his car.
The vigorous, muscular young brunette, who was almost
as tall as her assailant, kicked and scratched at him. She
screamed unremittingly, in the desperate hope there might
be someone to hear. Cursing, the man shoved her to the
graveled ground and straddled her. He twisted her arm and
slapped her cheek. Helen’s cloth coat fell open. The attacker
ripped at her sweater. His panting breath was hot in her face.
At that moment, providentially, another “ automobile
turned the corner and headed up Haskell Avenue. Its head-
lights picked out the struggling pair by the roadside in vivid
tableau. With a wild, obscene oath, the khaki-clad man
released the prostrate girl, jumped up and ran to his
own Car.
The passing car slowed. “Help! Help!” Miss Townsend
shrilled at the top of her healthy young lungs, as she
scrambled to her feet. The car pulled over and stopped
ahead of hers. A big man got out and approached warily.
“What’s going on here?” he called. “What is this?”
Helen’s attacker gunned his motor, backed away with
a screeching jerk, then zoomed off around the two parked
cars. The newcomer jumped out of the way with a startled
yell as the battered sedan flashed past him, almost running
him down. By the time the breathless, disheveled brunette
managed to gasp out what had happened, the fleeing car’s
tail-light had disappeared in the fog.
ORE angry than terrified, now that she was safe, Helen
Townsend snatched her purse and keys from her car,
got into her rescuer’s vehicle and urged him to give chase.
They raced some distance north on Haskell but didn’t catch
up with the attacker’s sedan. The man stopped at a phone
booth and called Van Nuys Division of the Los Angeles
Police Department. A radio car was on hand in a few
minutes. The officers sped Miss Townsend to Van Nuys
Receiving Hospital, where she was treated for painful
bruises on her hip and abdomen.
The shaken young phone operator described her assailant
as about 27 or 28 years old, 5 feet 9 or 10 inches tall, 165
pounds, with light brown hair and fair complexion. He had
21
Aa ee
ith. PR NE ahs
FETeO Spoqetxdydse feqrym Sketsel, ATITA SYNOW
1961 ‘TZ LOQUeAON UO (seTesuy sot)
eTUto
thy
gering over to make sure her baby was
all right, Alice started to put on her
clothes. She fully expected still to be
killed. But now that his sadistic lust
was sated, the kidnaper relented a bit.
Putting on his own clothes, he went out
to the car and got Alice’s skirt and
panties for her. He picked up her purse.
“There’s a few dollars in my purse,”
the ravished housewife told him. “Take
it and let us go!” The man took $6
from the purse. Then he ordered Alice
out to the car, and she gratefully went
before him, holding the baby to her.
“I'm going to drive you home,” the
rapist said. “You won't be able to find
this place again, will you?”
“No, I don’t have any idea where
we are.”
Satisfied, the kidnaper pulled up his
mask, started the car and drove in
silence, while his tortured, bleeding
victim slumped sobbing in the corner,
with her lacerated arms around her
child. She was. on the verge of collapse.
After driving a circuitous route, the
man stopped in front of a darkened
building. Mrs. Miraglia recognized it
as a school not far from her home.
“Can you find your way from here?”
“Yes, yes, I can!” “All right, then get
out and get going. Start walking and
don’t look back.”
The sex fiend let Alice out, with her
baby. As she stumbled down the street,
he jumped back into his car and roared
off with a screech of tires.
It was a little after nine o’clock when
the call from Alice Miraglia’s anguished
husband hit the West Valley police
switchboard. The whole nightmare or-
deal that had seemed like an eternity
to the agonized wife, had taken just
about 45 minutes.
The husband of the horribly abused
brunette sped her to Northridge Re-
ceiving Hospital. Her nose and jaw
were broken, both eyes blackened, her
lips mashed and teeth loosened. Breasts,
abdomen, arms and thighs were cov-
ered with stab wounds, cuts and bruises.
Detective P. J. Duggins, interviewing
the Miraglias briefly, flashed his station
and spread the radio alarm. The broad-
cast noted that the rapist bore scratches
on his face and arms, the work of
Alice’s fingernails. His clothes, too,
would be bloody. ,
Sergeants Murphy and Austin raced
to the hospital. It was an hour before
the raped and battered housewife, after
emergency treatment for her. shocking
injuries, was able to sob out the full
story to the two homicide men. Mrs.
Miraglia said the attacker was perhaps
35 to 40 years old—older than the other
two victims had estimated. He was
about 5 feet 7 to 9 inches tall, 145 or
150 pounds, with a tanned complexion,
in need of a shave. He had what Alice
described as “elfin” features, with a
“pointed head,” long sharp nose and
protruding jaw. She too had noted the
intense, fiery eyes and protruding jaw.
The weird stocking mask had covered
the man’s hair, which she thought was
light brown. He was clad in faded blue
denims and an Eisenhower jacket.
48
LICE Miraglia confirmed that the
kidnap car was definitely a Chev-
rolet, a 1949 or ’50 two-door torpedo
sedan, very dusty and dirty. Differing
from the other victims, however, she
was positive the car was a faded, dirty
tan or brown, rather than dull green.
The paint was so worn, battered and
weathered that it actually had a green-
ish or yellowish tinge, Alice said, and
might be mistaken for green under
some lights. She described the beat-up
interior as Miss Simpson had, adding
that there was a green wool army
blanket on the front seat, and an as-
sortment of rags, ropes and tools lying
in the back. There must be bloodstains
in the car, since her nose and mouth
had bled copiously.
The victim couldn’t pinpoint the lo- .
cation of the rapist’s sordid shack.
They had driven around about five or
six miles, she said, apparently making
almost a complete circle. The last lo-
cation she definitely remembered was
the intersection of Roscoe and Winnet-
ka in Northridge. The shack was only
a few minutes’ drive south of there.
She believed it was on the outskirts of
Canoga Park.
Police Chief William H. Parker, De-
tective Chief Brown and Lieutenant
Stoner ordered an all-out hunt for the
sadistic West Valley rapist. His descrip-
tion and MO were broadcast in an all-
points bulletin. Radio cars and plain-
clothes felony units combed the dark
semi-rural streets and roads of. North-
ridge, Canoga Park, Reseda and Gra-
nada Hills. A special radio bulletin
warned valley women to stay off the
streets. Red Murphy and Jim Austin
worked around the clock, running down
a number of potential suspects in the
area. But the night passed without a
positive break.
Wednesday morning the detectives
again interviewed Alice Miraglia, who
had been removed to a private hospital.
They were anxious to have her retrace
the kidnap route for them, but she was
in no condition to do so. The brunette
was something of an artist, however,
and she shakily drew a pencil sketch
of her attacker. It showed him as a
long-nosed, sharp-faced man, a macabre
Pied Piper in his grotesque stocking
cap. Copies of the sketch were distrib-
uted to police units, along with a spe-
cial MO bulletin on the bloody-minded
sadist who preyed on lone women
motorists.
Throughout that Wednesday, police
combed the suspected area block by
block, ringing doorbells and question-
ing every resident. Deluged with calls
from terrified housewives, Lieutenant
Stoner and his men feared that the
rapist, now that he had succeeded in
consumating an attack, would be eager
to repeat. He might even strike again
that night. They waited tensely as dusk
fell. Soon after dark, a little more than
24 hours after the attack on Alice
Miraglia, the massive dragnet paid off.
At 9:30 that same Wednesday night,
Officers D. L. Zellers and R. kK. Ste.
vens, one of the West Valley felony
é
teams, were cruising in the Saticoy
Street shopping area, where Alice
Miraglia had been marketing a few
minutes before the rapist snatched her.
As the unmarked police car passed
the corner of Winnetka, a dusty, bat-
tered old tan Chevrolet sedan came
rolling out of a service station.
“Look, Bob,” Zellers pointed. “That’s
a ’50 two-door torpedo. It’s a beat-up
job, and the brown is so faded it could
be mistaken for green. Let’s go!”
Before the policemen could catch up
with the Chevy, the driver pulled over
and parked in front of a liquor store.’
The two officers confronted him as he
alighted and started into the store. He
was a husky, sharp-featured, .tanned
young man, dressed in a gray cotton
twill work shirt and trousers.
“I know what you fellows want,”
the suspect said with a disarming grin.
“It’s about that kidnap and rape last
night. A couple of cops were over to
my place today, talking to my wife,
when I was out. I know my car looks
like the one, but I’m not the guy. Hell,
I’m a family man with three kids. I
just warned my wife to keep indoors
after dark, like it said on the radio——”
The talkative fellow identified him-
self as Billy Wesley Monk, 26 years
old, a neon sign hanger employed by a
large Van Nuys firm. He lived on Lan-
ark Street in Canoga Park, a few blocks’
drive up Winnetka. Producing his ID,
Monk grudgingly admitted he had been
arrested several times. In fact, he had
served a prison term for burglary, and’
was currently on parole. But he in-
sisted he was no rapist. The felony men
noted fresh-looking scratches on Monk’s
face. He had cut himself when he fell
off a ladder on a job, Monk said.
Stevens and Zellers turned their at-
tention to the beat-up Chevy. When
Zellers reached for the right-hand door
handle, Billy Monk told him: “That_
door won’t open from the outside.
Sorry,: officer, but you'll have to go
around the other side.” This vital detail
of the kidnap reports had been with-
held from the newspapers.
The policemen noted the car’s dirty,
dilapidated interior. When they saw
stains that looked like blood on the
floor-mat, and a freshly washed green
army blanket on the front seat, that
was enough for them. They arrested the
protesting young man for investigation,
and took him over to the West Valley
station.
Billy Wesley Monk was a native of
Oklahoma. Convicted of second-degree
burglary for breaking into a telephone
coin box in Los Angeles in 1957, he
had served two years in San Quentin
and Soledad. He was paroled in July,
1959. Before that, Monk had done six
months in the Los Angeles county jail
for forging a check. Previously he had
spent time in a reformatory as an in-
corrigible juvenile. His last arrest was
on a drunk charge in January, 1950.
As recently as April 6th, a field inter-
rogation file card disclosed, Monk had
been questioned by radio officers who
found him asleep in his car on Ventura
HEADQUARTERS DETECTIVE
Boulevard. Because his old Chevy was
tan and not green, he had not been
tabbed at that time as the badly wanted
sex terrorist.
Questioned by Lieutenant Stoner and
Sergeants Murphy and Austin, Monk
was eloquent in avowing his innocence.
On Tuesday evening after work, he
. said, he had driven his wife and chil-
dren over to her mother’s place in Van
Nuys. He then drove up to Mulholland
Drive in the mountains to visit a friend
who worked on a ranch. Later he had
three beers at a Ventura Boulevard bar,
according to his story, and picked up
his wife and children at 9:30 P.M.
Monk’s alibi, such as it was, was sup-
ported by his frightened, tearful young
wife, his ranch-hand friend, and a bar-
tender, but they were vague as to the
exact time element. There was plenty
of time for him to have kidnaped and
mistreated Alice Miraglia. Other damn-
ing evidence piled up. The stains in
the Chevy were human blood, of Alice’s
type. There was blood on one of Monk’s
white woolen socks, and blood under
his fingernails. A wadded-up stocking
mask with two eye-holes was found in
the police station parking lot, where
Monk had been brought in. A shed in
the lane behind Monk’s ramshackle
home on Lanark Street fitted Mrs.
Miraglia’s description of the rape scene.
The clincher came when the crime lab
reported finding Monk’s thumbprint on
the fuse box of Alice’s car.
The prisoner continued to protest his
innocence, though his protests grew
weaker. Marie Simpson picked him out
of a lineup, and Alice Miraglia identi-
fied him positively from her hospital
bed. That did it. Monk gave up the
pretense and confessed the two attacks.
His main motive was robbery and not
rape, he insisted. He was broke and his
wife had a fourth baby on the way.
Raping his victims was an afterthought,
Monk said. The homicide detectives
strongly doubted this. Monk denied any
other crimes, although Helen Townsend
positively identified him as her attacker,
and he was tentatively identified by
several other women who had been
molested.
gens wrapped it up. The district
attorney formally charged Billy
Wesley Monk with two counts of kid-
naping for the purpose of robbery, with
bodily harm to the victim, a capital
offense under California law. He was
further charged with two counts of
armed robbery, one of forcible rape
and one of sex perversion. He was held
in lieu of $50,000 bail.
After thinking things over in his jail
cell, the accused sex terrorist entered
a double plea of not guilty and not
guilty by reason of insanity. He was
examined by three psychiatrists, who
pronounced him sane as of that time
and able to stand trial. Represented by
the county public defender, Billy Monk
waived a jury trial, and went on trial
in September before Superior Judge
Mark Brandler. The young sign worker
had grown a bushy mustache, and
HEADQUARTERS DETECTIVE
throughout his trial he wore a bright
red shirt.
Alice Miraglia, who had spent yeight
days in the hospital and was still under
medical treatment, told her frightful
story from the witness stand. So did
Marie Simpson. Police witnesses testi-
fied, and tape recordings of Monk’s
confessions were played back to the
judge.
Billy Monk glared balefully at the
witnesses. Several times the trial was
interrupted when he lunged at press
photographers and had to be restrained.
On one occasion, he struggled with
deputies, shrieking vile epithets, and
was taken away in manacles,
Monk didn’t attempt to deny the
two terror kidnapings. His defense
counsel, willing to settle for a life ver-
dict, took the line that Billy’s primary
motive had been sex, and hence that
he was wrongly charged with kid-
naping for the purpose of robbery. The
defender argued that Monk should
never have come under the Little Lind-
bergh Law, under which Caryl Chess-
man had recently been executed after
a 12-year legal battle. In rebuttal, the
district attorney cited Billy’s own state-
ments, in which he originally told the
police his motive was robbery.
The psychiatirists testified that the
tough young Oklahoman had been sane
at the time of the attacks, as well as
at the time of his trial. Billy Monk, in
the opinion of the medicos, was a sad-
istic sex psychopath with strong per-
verted drives, but he was legally sane
and responsible for his actions,
At conclusion of the week-long trial,
Judge Brandler found Monk guilty as
charged on all six counts, and legally
sane. After hearing further arguments
and reviewing the testimony, the judge
tuled that the sex terrorist must die.
He described Monk’s crimes as “fiend-
ish, foul and diabolical,” and declared
he found no reason to impose the lesser
penalty of life imprisonment.
las
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49
MAD RAPIST’S 3 GIRL VICTIMS
(Continued from page 23)
understand what had happened: He pur-
sued the other car for a few blocks, but
the rapist put on a burst of speed and
got away in the heavy traffic. The mo-
torist stopped and phoned for the police
and an ambulance.
Rushed to Northridge Receiving
Hospital, Marie Simpson was found to
be suffering from severe cuts and
bruises on the hips and legs, plus a
possible skull fracture. Lying on the
emergency table while the medicos
treated her, the trembling, sobbing
woman gasped out her shocking story
to Radio Officers E. G. Chadwick and
R. L. Rimmer.
The thwarted rapist had gotten away
with $38 in Miss Simpson’s wallet, all
her identification, and her week’s gro-
ceries, but she counted herself lucky.
“He was going to rape me or kill me,
or both,” she told the officers. “He
meant just what he said. I know it. He'd
never have left me alive to identify
him.”
The hysterical brunette described
the kidnapper as about 30 years old,
5 feet 6 or 7 inches, 160 pounds, with
a tanned, sandy complexion, and wild,
burning eyes under heavy scowling
brows. He had a long, sharp nose and
a jutting jaw. His light brown hair was
mussed and in need of cutting, and he
needed a shave. He wore a khaki Eisen-
hower-type jacket with vertical stitch-
ing on the sides. The shuddering vic-
tim stressed the man’s tense, nervous,
hair-trigger manner, his rough, gravelly
voice and his blunt, uncouth language.
The man was armed with a blue-steel
revolver with a long barrel. It could
possibly be a toy gun, but Miss Simp-
son believed it was real, and she hadn’t
wanted to find out. She described the
‘kidnap car as a battered, dirty, faded,
sea-green 1949 or ’5S0 Chevrolet two-
door torpedo-type sedan. The interior
was very dirty and dilapidated. Slip
covers were worn and torn, and the
upholstery of the right-hand door panel
was ripped and hanging down.
Again the radio alarm flashed
throughout San Fernando Valley, but
the sex terrorist eluded the police. They
stopped several automobiles fitting the
description, but failed to nab the flee-
ing gun-wielder.
The new rape attempt was in West
Valley jurisdiction. Detective Sergeants
George W. “Red” Murphy and James
L. Austin interviewed the still shaken
victim and took her over her story in
full detail. Comparing notes with their
Van Nuys colleagues, they were con-
vinced Miss Simpson’s assailant was
the same man who had tried to snatch
Helen Townsend. He also fitted the
general description of a suspect hunted
in several other rape attempts of dif-
ferent MO.
Los Angeles Detective Chief Thad
F. Brown took a most serious view of
the valley sex terrorist’s operations.
“This fellow means business,” Brown
told West Valley Detective Lieutenant
George R. Stoner. “He’s been frustrated
at least twice now, that we know of.
Two women have escaped from him,
made a fool of him. He must be build-
ing up a fierce resentment against all
women. He'll plan his next attack care-
fully, fiendishly. You know how these
sadistic psychos are. His next victim
isn’t likely to get off so easy, I’m
afraid.”
“He’s got nothing to lose now,”
Stoner agreed grimly. “Kidnaping for
robbery, with bodily harm—he’s already
eligible for the gas house, under the
Little Lindbergh Law.”
The detectives believed the rapist
most likely lived and worked in the
outlying suburban valley area where
‘ he operated. He seemed to know the
streets well. They noted that both rape
attempts had taken place on Monday
nights. Perhaps that was the man’s night
off, or night out. He appeared to be
partial to well-built brunettes. The de-
tectives wondered whether he spotted
and tailed his victims in advance, or
picked them at random.
detailed pickup bulletin was broad-
cast to all police units. Through
the press, Chief Brown warned lone
women motorists to be extremely cau-
tious of strange men. The hunt centered
in the western section of the valley,
from Van Nuys out to Canoga Park.
A score of registered sex offenders and
other suspects were checked out. Radio
officers halted and questioned the
drivers of battered old green Chevy
sedans. But the sex terrorist managed
to elude the alert. A month went by.
At 8:15 P.M. Tuesday evening, April
19th, Mrs. Alice Miraglia, an attractive,
dark-haired, 34-year-old housewife, fin-
ished her marketing at the big new
shopping center in Canoga Park. She
loaded her packages into her 1951
Dodge sedan and headed for home,
with her three-year-old son chattering
happily in the seat beside her.
As Mrs. Miraglia drove down Win-
netka Avenue, south of Saticoy Street,
a couple of cars passing in the opposite
direction blinked their headlights at
her. “Lights!” one driver called. The
pretty housewife realized with vexation
that her headlights must have gone out.
She worked the switch. The lights
flickered on and off. Rather than drive
through the heavy evening traffic with
defective lights, Mrs. Miraglia turned
off the boulevard into Leadwell Street,
a dark, narrow side lane. She stopped
and got out. Her headlights had gone
out again. When she tapped the hous-
ings, they flickered briefly.
The annoyed brunette saw a man
working on his car in the lighted drive-
way of a house nearby. She was just
about to walk over and ask him to help
her, when a car coming from the oppo-
site direction slowed and stopped.
“What's the trouble, lady?” the driver
inquired. “Something’s wrong with my
headlights,” Alice told him, “Maybe I
can help you.”
He turned his battered oid sedan
around, parked it and got out. He was
a roughly dressed, tough-looking young
man, wearing an odd tight-fitting sort
of skullcap. He tried the Dodge’s light
switch, then raised the hood and fiddled
with the fuses and wiring. “The lights.
still flickered. “I can’t locate your trou-
ble,” the man said after a minute.
“You'd better leave your car here and
get it fixed tomorrow. I'll drive you~
home.”
But Alice Miraglia, whose little boy
had climbed out of their car and
stood beside her, was leery Of the
rough, abrupt-mannered stranger. “No,
thanks,” she said hastily. “I'll call my
husband. He’ll come and get me.”
“Well, then, let me drive you to a
phone.”
“Thanks, but I can phone from one
of these houses.”
That was the Good Samaritan’s cue
to turn ugly. Stepping close to the
frightened brunette, he seized her by
the elbow. “What’s the matter, don’t
you trust me?” he rasped in a hoarse
voice. “Shut up and get in my car.
Pick up the baby.”
Mrs. Miraglia looked helplessly up
and down the dark street. The man in
the driveway was watching them. All
she had to do was cry out. But she was
mortally afraid for her baby’s safety.
She picked up the toddler and meekly
followed the gruff man’s orders. He led
her to the dusty old sedan and held the
left-hand door open. “You'll have to
get in this side. The other door doesn’t
open. Slide the baby over, and get in.”
Alice obeyed. The man squeezed be-
hind the wheel and pulled the door
closed. He picked up a screwdriver and
pressed it against the terrified young
woman’s side. She felt the sharp steel .
edge bite through her thin blouse and
suede jacket. “Keep your mouth shut
or you'll get this between your ribs!”
her captor told her. “And don’t look
at my face.” He backed his car around
in the narrow street, drove back to
Winnetka and turned south,
“I’m going to rape you,” the sex ter-
rorist informed his captive. “If you try
to get away, I'll kill you. I'll kill the
baby first. Remember, you can’t open
that right-hand door. There’s no use
trying. It’s stuck.”
He turned left into Saticoy Street
and headed west toward the wild hills
rimming the valley. “Please take us
home!” the shapely young mother
pleaded frantically. “I live right up
here, just a couple of blocks. I won't
tell my husband about this. Look, if
you'll take us home and won’t hurt us,
I'll make a date with you. Ill meet you
later, anywhere you want——”
The kidnaper laughed harshly.
“That’s what they all say. You're going
to get it right now, sister.” Alice winced
as he nudged her with the screwdriver.
“Then let the baby out,” she pleaded,
“and I'll go with you. I won’t try to
get away. Please take my baby home!”
The man asked Alice for her ad-
dress. He turned up the street she
named, apparently thinking over her
desperate proposition. Alice pointed out
her trim little house. The lights were
on, and she could see her husband in
the living room. For a wild, prayerful
moment she thought the kidnaper was
going to stop. But he only chuckled,
stepped on the gas and sped on.
The little boy started to whimper.
“Shut that kid up,” the man ordered.
“Shut him up or I'll slit his throat!”
Alice clutched the baby to her breast
and smothered his sobs. Ignoring her
further pleas, the kidnaper concen-
trated on his driving. His captive tried
to keep track of the route. They turned
east on Roscoe Boulevard and raced
through an ill-lighted, sparsely built-up
semi-rural section. As the man drove,
he pulled his queer cap down over his
ears, and Alice saw that it was a
woman’s tan nylon stocking, knotted
on top of the man’s head.
HILE the driver was preoccupied,
the desperate brunette slipped off
one of her shoes. When he slowed to
turn south again on Winnetka Avenue,
where several cars were passing, Alice
snatched up the shoe and tossed it out
into the lighted intersection. Her captor
. jabbed the screwdriver cruelly into her
ribs. “You'll pay for that, you little
——!” he snarled. “We’re almost at the
place now.”
Seeing her last hope fading, Alice
lunged across and hammered on the
horn button, trying to attract the at-
tention of a passing driver. With a
savage oath, the man let go of the wheel
and smashed her in the face with his
fist. “Try that again and I'll kill you
before I rape you!” He cracked her
over the head with the screwdriver.
Alice collapsed in the corner, cover-
ing her face with her hands as blood
trickled from her smashed nose. The
baby started wailing. “Shut that kid up,
damn you! I’m telling you for the last
time.” The husky sadist wheeled the
car off the boulevard, and his helpless
victim lost track of directions as they
sped through a maze of narrow, un-
lighted lanes in a wooded area.
The kidnaper slowed as he turned
onto a rough dirt road. “This is it,” he
told his sobbing captive. “You can
start stripping.” He poked the screw-
driver into her side. “Take off your
clothes.” The terrified young woman
could do nothing but obey.
The old sedan bumped along the
tree-lined Jane to a row of dilapidated
shanties. in one of which a dim light
glowed. The kidnaper stopped in front
of an unlighted shack that looked like
a converted garage. He got out of the
car, switched off the lights and ordered
the brunette to climb out after him.
Clutching the whimpering child,
Alice complied. She was nude from
the waist down. Her face was smeared
with blood. “Keep that damn kid quiet
if you don’t want me to kill him,” the
rapist commanded as he shoved the
brunette before him into the dark shack
and slammed the rickety door behind
them. He switched on a flashlight. The
place had a rough dirt floor. There was
an old armchair with its stuffing coming
out, a rickety table and a kitchen
cabinet.
“This is it,” the fiend repeated gloat-.
ingly. Laying his flashlight on the table
so that it lit up the whole sordid scene,
he partially disrobed. He pulled the
stocking cap down over his face. It
had two eye-holes and made a crude
mask. Then he picked up a six-inch
paring knife and advanced on the cow-
ering brunette. He yanked the child
away from her and thrust him into a
corner. Then he seized his victim by
the arm and ripped her blouse down
the front.
Pulling the rest of her clothes off,
the monster wrestled the struggling and
moaning woman down into the big
chair. Twisting her arm and pricking
her with the knife, he bluntly ordered
her to commit a perverted sex act.
When Alice refused and_ resisted,
scratching his face, he slugged her vi-
ciously. “Do as I say, or I'll kill you
and the kid. I'll cut both your throats.
I’ve killed women before!”
Barely clinging to consciousness, ex-
pecting any moment to be her last,
Alice had to obey him. Then he raped
her brutally.
The fiend finally desisted and let go
of his weeping, bleeding victim. Stag-
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“sharp” features, intense eyes and frowning brows. Helen
had noted a chipped front tooth. The man’s khaki jacket,
trousers and shirt were neat and military-looking. He was
not a soldier, but his khaki garb gave the impression of
some sort of uniform, perhaps that of a service station
attendant. His car was a big old sedan that looked like a
General Motors product, about a 1948 or ’50 model, dirty
gray or dull green. Neither Helen nor her rescuer had
glimpsed the license number.
Description of the brash attacker and his car was broad-
cast throughout San Fernando Valley and the whole Los
Angeles area, but night-long vigilance by the radio patrols
failed to turn him up. In the morning Helen Townsend,
recovering from her injuries and shock, was interviewed
by Detective Sergeants Louis A. Belle and Kenneth L.
Brondell of the Van Nuys homicide detail. The detectives
agreed that the attacker undoubtedly had had rape in mind.
‘He had meant to force the young woman into his car and
drive to some secluded spot. Helen had been saved by her
plucky, vigorous resistance and the timely arrival of the
helpful motorist.
There had been several rapes, attempted rapes and moles- ©
tations of women in the valley in recent months, but none
of that particular modus operandi. Descriptions of a couple
of the attackers could fit Miss Townsend’s assailant in a
general way. The brunette switchboard operator was positive
she would recognize the man if she ever saw him again.
The detectives showed Helen mug photos of a number of
known sex offenders, but she shook her head.
In the ensuing weeks, Helen Townsend was called in to
view half a dozen rape suspects in police lineups, but said
her attacker wasn’t among them. Belle and Brondell fell
back on a study of the MQ files. Three or four years before,
a hefty, brutal young rapist had operated in the valley in
similar fashion, accosting lone women motorists at night
and offering to help them—but this man had long since been
sent to prison and: was still there. “Someone’s taking a leaf
from that guy’s book,” Lou Belle concluded. “I’ve got a
hunch he’ll pop up again. Let’s hope his next victim is as
lucky as Helen Townsend.”
“Let’s hope so,” Ken Brondell concurred fervently. “This
fellow sounds real rough. He’s beén thwarted. He’s frus-
strated. It may take him a while to build up to another
attack, but he’s going to take it out on somebody, sooner or
later, you can bank on that.”
Over the holidays and in the early weeks of the new year,
there were several further assaults on women and girls in
the wide, fast-growing valley area. A masked marauder
armed with a knife broke into a house and terrorized a
teen-age baby ‘sitter. A young woman pedestrian was forced
into a car by two men on a lonely street, driven into the hills
and assaulted. A husky young man with a long sex offense
record was arrested and prosecuted for a series of attacks.
Other suspects were picked up. But none of these cases
could be linked with the attempt on Helen Townsend. It
was early spring before the sharp-featured, scowling man
in the old green sedan cropped up again.
A few minutes after eight o’clock on Monday night,
March 14th, 1960, Marie Simpson, a comely, dark-haired
48-year-old divorcee employed as a sales clerk in Van Nuys,
completed her shopping at the big, crowded supermarket
22
Sgt. Louis Belle of the Van Nuys Detective Bureau
coordinated one case with similar attacks in area.
on Balboa Boulevard at Saticoy Street in the West Valley
community of Reseda, and walked to the sketchily lighted
parking lot in back. As Miss Simpson approached her car,
her arms laden with groceries, a roughly dressed young man
emerged from the shadows and almost bumped into her.
With a muttered apology, he turned aside and walked on,
a few feet ahead of her.
The moment the two were out of sight in the darkness
behind a parked car, the man wheeled on Miss Simpson.
“This is a stickup,” he grated, holding his right hand under
his military-type jacket. “Walk around this car here. Take
it easy, don’t start hollering or I'll let you have it right now!”
The frightened woman protested that she didn’t have
much money. “You're carrying a big wallet there, and I
want what’s in it,” the man told her. “All right, take it,
just leave me alone,” the divorcee said desperately. She
HEADQUARTERS DETECTIVE
extended her handbag to him, but he ignored it. He stepped
closer and jabbed a gun into her side. “Over to my car,
there. We're going to take a ride. Just take it easy and you
won’t get hurt.”
If Marie Simpson had screamed or even raised her voice,
a dozen people would have heard her. But the gun barrel
in her ribs was hard, cold and insistent. Helplessly she let
herself be prodded toward the battered old green two-door
sedan. “Get in the driver’s side and slide over,” her captor
told her in his rasping whisper. “The right-hand door doesn’t
open. “Don’t try anything.”
The grocery-laden woman obeyed. The man got in beside
her, behind the wheel. He started the car with his left hand,
still holding the gun against her side. “Don’t look at my
face,” he commanded. “Just look straight“ahead.” The ter-
tified saleslady saw any hope of immediate rescue vanish
as the’ gunman backed out of the parking space, wheeled
out of the lot and headed into the westbound traffic on
Saticoy Street.
“Where are you taking me?” Miss Simpson moaned.
“Why don’t you just také my money and let me out? Here’s
my wallet and money, on the seat.”
“You know what I want,” the scowling, sharp-featured
man told her with an evil leer, as he pocketed the wallet.
“Use your imagination, lady. This is a rape. I’m going to
rape you!”
When his captive gasped in terror, he jabbed the gun
sharply into her ribs. “Now you know what the score is.
Shut up. Make another sound and you're dead!”
The husky man’s pitiless, determined manner and his
intense, desperate look left no doubt that he was a ruthless
sex marauder who meant exactly what he said. The shapely
48-year-old divorcee, a strong, vigorous woman, was half
paralyzed with fright, but she had no intention of submitting
to rape without resisting or attempting to escape. Perhaps,
she thought wildly, her captor was lying about the right-
hand door being stuck. He might have told her that to dis- .
courage her from trying to jump out.
HE kidnaper had his hands full, concentrating on his
double task of tooling the decrepit old car through the
heavy traffic, and keeping his captive covered with his gun.
As he turned right and headed north on busy Reseda Boul-
evard, toward Northridge and Granada Hills, Marie Simp-
son surreptiously moved her hand to the door handle.
Under cover of her coat and the grocery packages in her
lap, she tried the handle cautiously. It moved down, all
right. Whether it worked or not, of course was another
question. Miss Simpson breathed a prayer and decided to
gamble on the door’s opening.
Sitting silent and still, pretending to be frozen with
terror, she watched her chance, holding herself tensed and
ready to throw open the door when the driver should stop
at a red light light. But the husky brute drove cannily. He
managed to hit all the green lights through Northridge,
slowing well in advance when a red one loomed. It was
not till they had driven more than six miles, when the
preoccupied driver was forced to slow abruptly for the
light at Devonshire Street in Granada Hills, that Marie
Simpson saw her chance and seized it. ;
HEADQUARTERS DETECTIVE
oe
Detective Chief Thad Brown directed the manhunt.
A prayer was on her lips as she suddenly yanked the
handle all the way down. In the same motion, dropping
the grocery packages from her lap, she threw all her weight
against the door. It flew open. Miss Simpson tumbled out
of the still moving sedan, to the accompaniment of a
startled, obscene exclamation from the driver. Shoulders
hunched to minimize the impact, she hit the pavement and
rolled twice. Her head thumped on the asphalt. There was
a screech of brakes and a shout as a following driver
swerved to avoid her. Then Miss Simpson found herself
lying sprawled on the pavement, bruised but safe, watching
the taillight of the green sedan dodge on up the boulevard.
A passing motorist stopped and picked up the injured
woman. Now that the ordeal was over, shock reaction set
in and Marie could hardly talk coherently. Between wild
sobs, she made the driver (Continued on page 46)
23
‘
wt
Vain,
rt
‘AT as
os
Pos tS
Of Depravity That Ended Only When They Put A Noose About His Throat
ing the call of President Lincoln to defend the Union, As he
walked slowly to the door there came a sudden flash of spirit. He
turned and his greenish eyes narrowed. “I'll make you sorry,” he
shouted and strode out into the cold New Hampshire night.
By the time he had walked the three miles to the Flinn farm,
Charles had decided to leave New Hampshire forever. He would
leave Addie Putman. He would go to California where there
was plenty of gold, and plenty of other women,
California, because of the delicate political situation at the
time, had been officially exempted from sending troops for the
Civil War. He could forget the war and devote his time to gold
and women.
“Flinn stalked toward the
” frightened girl. his huge
hands closing about her
“neck. She struggled and
“; clawed at him, then she
‘fell lifeless to the floor.
Ww
Tried for murder in
the courthouse (seen
d for life?” below) the murderer
nd stood up. gets his just deserts.
v. If you are ‘ RS <
f need, then ae Sa Ss
‘r the awful i
preceaeeeeN,
er pointing
ig himself
promised to
ause he had
vere answer-
would he want to go anywhere else ?”
“Te’s just a hunch,” Murphy answered.
“First of all, I doubt if he'd take a chance
on ringing doorbells at four in the morn-
ing. Someone might start asking him
questions, dnd that would be the last
thing he’d want. I’m sure he got in touch
’ with the girl, but I’m willing to bet he
holed up some place, first.”
By late afternoon, the detectives finally
located a clerk in a tourist house who
recalled registering a man of Ridenour’s
description. —
’ “Let’s see the book,” the clerk. sug-
gested. “It seems to me that he checked
in at about five in the morning.”
The detectives came behind the desk
and examined the entry in the register.
“Roy Ridenour,” they read jubilantly,
“New York City.”
Murphy pounded the desk exuberantly.
“What do you know about that ?” he ex-
claimed. “He actually used his own
name !”
Hettchen turned to the clerk. “What’s
his room number ?”’ he asked tensely.
The clerk glanced at the register and
then looked at his key rack.
“His key’s on the hook. That means
he’s already left here.”
The clerk tapped the register reflec-
tively. “Wait a niinute,” he said. “I’m
trying to remember if he made a phone
call.” He flipped through a stack of memo
sheets on. the housecall clip board and
extracted one of the slips.
“I forgot to charge him for this,” the
— said. “He called this telephone num-
tr.
The detectives looked at each other.
Murphy took the telephone slip and
immediately after a job was pure stu-
pidity. Charley started the idea of taking
things down the peninsula and burying
them until the job was forgotten. Then
he dug them up and sold them across the
bay in Oakland and the other towns
which were beginning to line the shore.
Charley’s whole plan worked excep-
“ tionally well. He even toyed with the idea
of putting some gold aside for a trip back
east to make Addie Putman sorry that she
hadn’t married him. But the cost of
Charley’s high living kept increasing
with his tastes and he never got around
to saving anything.
Late in 1 Charley entered the room
of one Charles L. Wiggins on Geary
Street, gave him a dose of chloroform,
and left with more than $1500 in money
and jewelry. The jewelry included a
handsomely engraved watch which bore
“C, L. 'W.” on the back. Charley liked
the watch and would have liked to keep
it for himself, but he knew it would be a
dead give-away if it were found on him.
However Charley did carry the watch
in his pocket as he headed for San Jose,
~ down in Santa Clara County, where he
64°
mouthed the numbers. His head snapped
up.
“Hey !” he began. “This is probably—”
“Wou're right!” Hettchen interrupted.
Obtaining from the telephone company
the address which corresponded to the
number, the detectives raced their police
car to an apartment house on North
Calvert Street in Baltimore. Anna Lee
Johnson’s name was listed on the vesti-
bule call board, The detectives were not
surprised when they discovered she was
not at home.
Murphy and Hettchen parked their car
on the corner and prepared to wait for
as long as it took for the Johnson girl
to return. Pe
HORTLY before two o'clock in the
morning, a taxicab braked to a stop
in front of the apartment house. A tall
man ina tan gabardine suit stepped out of
the cab. He held out his hand and helped
a good looking blond to alight after him.
Murphy nudged his companion.
The man in the gabardine suit paid the
cab driver and turned to the apartment. -
He found himself looking into the busi-
ness end of Detective Hettchen’s service
revolver. The girl’s hand flew to her face.
“Okay, Ridenour,’’ Hettchen said
softly. “Lift them.”
Murphy deftly patted the ex-warrant
officer’s pockets. “I see you left your rod
in Hagerstown,” the detective said.
“Let's all ride down to headqugrters and
chew the fat about a murder.”
In the Baltimore police station. Ride-
nour and the girl were questioned sep-
arately. A more thorough search of
Ridenour’s pockets uncovered a key to a
had already buried some jewelry. On the
way he decided to stop along the Barbary
Coast for a few hours of liquor and fes-
tivity.
When one of the girls noticed the
watch Charley proudly displayed the
timepiece and even pointed out his ini-
tials on the back. His name, he said, was
Charles L, Waggoner. But the girl was
smarter than Charley thought. She had’
heard a lot about chloroform jobs and she
could still detect the odor of chloroform
about Charley.
It wouldn’t have made any difference
to the girl if Charley hadn't got rough
with her later in her room, slapping the
girl and starting to walk out without pay-
ing her anything. The girl screamed her
vengeance at him but Charley smacked
her again across the mouth and stalked
out,
The girl had her revenge. The next
day she told the policeman who collected
the graft in her section, and a week later
when Charley returned to San Francisco
he found officers waiting for him.
Although he denied his guilt and there
was no direct evidence, the police held
Cowards Die Too!
[Continued from page 23},
s
public locker in the Camden Street Rail-
way Station, ne going the locker yielded
sh
the bloodstain irt and trousers which
Ridenour had worn when he fled Hagers-
town on the previous morning.
The next day, July 29th, 1947. Ride-
nour was returned to Hagerstown for
questioning by the Washington County
authordties, Convinced that Miss Johnson
was associated in no way with Taylor's
murder, the police let her go.
Ridenour steadfastly refused to admit
that he had murdered the Hagerstown
gambler, claiming that an argument over
Taylor’s welching on a bet had resulted
in the fatal struggle.
“He took out a gun when the talk got
hot,” Ridenour maintained. “I tried to
take it away from him, and it went off.”
“But he never owned a gun,” Sheriff
Baker pointed out. “We've spoken with
people who've known Taylor for’ fifteen
years. He never carried a gun in his life.”
“Maybe for fifteen years he didn’t,”
Ridenour insisted. “But two weeks ago,
he bought my, automatic from me. I
needed the money and he wanted a gun.”
Despite all efforts to break down his
story, Roy Ridenour resolutely adhered
to the facts of his original statement. On
Tuesday, August 5th, 1947, Ridenour
was formally charged with murder in
the first degree.
On December 15, 1947, he-was found
guilty by a jury of First Degree Man-
slaughter and sentenced to serve a term
in prison of not more than ten years.
Note: The names Squinty Harris, Mrs, Eleanor
Morrisey, Marys V. Stanton, Jimmie Winters, and
Anna Lee Johnson are fictitions in order to conceal
the true identities of innocent persons involved in
the investigation.
him while they investigated. Charley got
scared. An ex-con in those days didn’t
have much chance in court, so he decided
on a bold plan.
Charley called the sergeant to his cell
and said that he wanted to confess, that
he was terribly sorry for all the bad
things he had done. After that he asked
for a Bible and wanted someone to come
and help him pray for his lost soul. He
had at last, he said, seen the “light"’ from
the dismal filth of his jail cell.
The sergeant was impressed. So were
other officers, and the mission workers
who came to help Charley pray. There
was a growing movement in San Fran-
cisco to save criminals and this looked
like a case of one who would reform.
Charley not only confessed to the Wig-
gins robbery: but added a few other jobs
in with it.
Then Charley added his master stroke.
He told them, of the loot which he had
buried down in Santa Clara County. “T
want to go down there and dig it up,” he
said with tears dropping into his soiled
red beard, “IT want that poor man to have
his things back.”
So impres
Special Off:
teered to use
down to San
days later R:
to San Jose,
drove out fr
About five
‘indicated a
halted the hi:
“I’m might:
Charley,” R:
At a spot »
small one, C!
turbed earth
Rose, wit!
prisoner, dr<
the ground.
had been e>
without wat
into the sid
rolled over,
gan clubbin;
Leaving
dug up his |
San Jose, «
hitching po-
headed: for ‘
hundred mi!
Charley |!
Rose’s gun ;
had, but he |
robberies ar:
near electio:
making thi
crooks, a |
know.
HARL!
gun an
faster than |
couple of m
was caught
bery in tink
Charley wa:
San Quenti:
Charley :
They were |
the final se:
tioned him |
Released
back to San
could. He hz
Charley wa
pay and pa)
was going |
San Quenti
the prison,
who had t
left behind.
Spencer b«
over.
He found
who was mi:
bright, in a
took him |
money for ;
and nights
time he had
Carrie a go
in a house ©:
Waverly PI:
Being a |
Charley, an
didn’t like.
prison and
women ha:
loused and :
Some red hairs in the hand of Mary Shaw whom Flinn slew
in a Sacramento saloon ‘were the evidence that doomed him.
It took a week for Charles to borrow all the money he could
from his family and friends, and to empty the blue crockery jar
in the cupboard where Grandma Flinn kept a wad of greenbacks
and some gold coins against the day “when you'll have to lay me
away.” With it, he had more than enough to pay his passage
overland to California.
For fear that Grandma Flinn might discover the theft of her
burial money, Charles dropped the name of Flinn and became
Charles Mortimer, a name he carried the rest of his life. And as
Charley Mortimer, young, handsome, and with a freshly-grown
red beard, he stepped off the train in St. Joseph, Missouri, the
end of the railroad, to take passage on the next Wells-Fargo’s
Overland Mail stage to Sacramento.
N ST. JOSEPH, still burning from the sting of Addie’s de-
nouncement of him, Charley was ripe for the suggestive wink
and smile of the buxom young woman who tripped along the
boardwalk in front of the hotel porch where-he sat. He jumped
up from the much-whittled bench and followed her in bold
strides.
It was Charley's first real experience with a thing of this sort
and it suddenly had a strange effect upon him. The boldness left
his stride and he felt weak all over. By the time he caught up
with her, down the dark side street, he was almodst too limp to.
stand and his mouth was too dry 'to speak.
“Oh-o-0,” she cooed, “you're more handsome than I thought.”
But almost instantly she saw that she need not waste coyness
on the excited Charley. She grabbed his sleeve and guided him
into the blackness of the first alley.
Had Charley been half as experienced as the woman he would
have known the game she was playing. But he was too inexpe-
rienced and too disturbed to realize what was happening. Like '
an over-anxious school boy he reached for her. She submitted
and then quickly wrenched free, just as the blow came down on
22
the back of his head. By good fortune, Charley had left his
money and valuables in the Wells-Fargo safe, except for his
watch and a few dollars. He slunk back to his hotel room with
a throbbing head and a memory he would not soon forget.
It was in the spring of 1861 that Charley Mortimer arrived in
Sacramento. But he soon found that the roaring west was not
what he had expected. He had arrived at least ten years too late.
There was a great change just beginning to settle over the un-
tamed country. ’
A semblance of organization was coming out of the wild chaos
of the Gold Rush Days. Every inch of ground of the Mother
Lode Country was staked. Although mining was still the leading
industry, people were beginning to, till the fertile valleys and to
graze ‘cattle and sheeep on the mountain slopes. There were no
“easy diggings” left. ,
The thought of going to work in a mine, on a farm, or even in
a business was repulsive to Charley. He didn’t feel suited for that
type of work, But then he found hé wasn’t’ suited to the most
profitable illegal businesses either, =
Next to the vices, train and stage coach robbery was the most
profitable crime business. But both required living in the open,
riding horses, and handling guns, Charley didn’t like the open
fire for his comfort, he couldn’t ride well, and he had never :
handled a gun.
All this reduced Charley, when his money was gone, to re-
sorting to petty crime—breaking into the flimsy wooden build-
ings of merchants, lifting the poke ofa drunken miner, pilfering
hotel rooms, and stealing from the girls in bawdy houses. It was
a poor way to live, but it was the only. way Charley knew at the
time.
He took a particular delight in ‘stealing from the girls, for he
had not forgotten Addie’s denouncement of him and he often
remembered the wench who lured him into the St. Joseph alley.
It wasn’t too difficult, nor too risky. The rooms of the girls were
~
rarely lock«
not serving
usually cou!
never be acc
But one r
He was dig
stand when
girl had jus:
ing toward
the fury of :
“Shut uj;
hand into }
The gir!
done anoth:
Charley ne\
got throug!
window an
. step.
NFOR
of its ¢
and Charle:
house. He ,
Francisco ;
Patrick
lice of San
been Chiei
As a result
Cisco was s'
ing some s
Most ot
tremendou
and totall)
chants, an
were pers!
tion, and h
the police.
Charley
found then
around the
soon he wa
Charley
rad Phiest«
a saloon, ar
happened t:
help him s;
Katie res
‘vy had left, his
except for his
tel room with
forget.
mer arrived in
west was not
years too late.
‘ie over the un-
the wild chaos
of the Mother
till the leading
valleys and to
There were no
rm, or even in
| suited for that
ed to the most
y was the most
.g in the open,
like the open
he had never
s gone, to re-
wooden build-
‘iner, pilfering
houses. It was
ey knew at the
he girls, for he
1 and he often
t. Joseph alley.
the girls.were
rarely locked and they spent their time in the main parlor when
not serving a customer, And even if a girl suspected him she
usually could not complain to the police, and her word ‘would
never be accepted in a court of honorable justice.
But one night in a house on H Street Charley got a surprise.
He was digging through the drawers of a marble-topped wash-
stand when the girl and a customer entered unexpectedly. The
girl had just started to light her lamp when she saw Charley edg-
ing toward a window, She screamed and leaped upon him with
the fury of a young tigress.
“Shut up!” Charley shouted at her and crashed his heavy °
hand into her face.
The girl sprawled to the floor. The man, who could not con-
done another man striking a woman, fired point blank at Charley.
Charley never knew why the man failed to hit him, nor how he
got through the window. There were two other shots from the
window and Charley ‘expected to feel himself fall with each
. Step.
UNFORS RATES for the State of California and many
of its citizens, both good and bad, the man was a poor shot
and Charley got away. But he got farther away than from the
house. He got away from Sacramento fast, and arrived in San
Francisco a week later. :
Patrick Crowley was then serving as the second Chief of Po-
lice of San Francisco, He had gucceeded James Curtis, who had
been Chief of the Vigilantes up until their disbandment in 1856.
Asa result of the violent purging of the Vigilantes, San Fran-
cisco was struggling to become a city of law and order, and hav-
ing some success.
Most of the tunder-sized police department were honest, a
tremendous forward stride, but they were all poorly equipped
and totally untrained. Thieves, who stole from respectable mer-
chants, and men who insulted or attacked the virtuous women,
were persistently and doggedly hounded. But gambling, prostitu-
tion, and honorable murder still flourished despite the efforts of
the police. f .
Charley found things tougher in San Francisco than he had
found them in Sacramento. He actually did a few days’ work
around the docks while he got used to the unfamiliar city, But
soon he was rolling drunks and committing other petty crimes.
Charley struck it lucky one night when he knocked over Con-
rad Phiester, a miner who had come to town, in an alley behind
a saloon, and got almost $800. But he struck it unlucky when he
happened to pick a redheaded girl in a Market Street house to
help him spend some of it.
Katie really didn’t care where the money came from, as long
\
as she got the benefit of it, but she asked Charley about it ‘simply,
because he was weak and placid in her arms, as he had always
been in any woman’s arms. He told her, even, relating: details in
a-moment of boasting. oy
It wouldn’t have mattered, if Katie hadn’t been caught in a
clean-up raid the next day and had to get herself out:of the jail.
She gave the cops Charley in return for her freedom. i
. Convicted of the robbery, Charley swore vengeance on Katie
as they sent him across the bay to the State Prison at San Quen-
tin. There they gave him a striped suit and shaved half of his
‘head, leaving him his red beard in full.
It is not known just how Charley Mortimersgot his release
from San Quentin. But he only served a little more than a year.
Although the experience was bitter, it was not altogether lost
time for Charley. On the inside, where he met intimately the
crookedest crooks of the day, he picked up some new ideas. New
ideas were important to crooks in that day, as they are today, and.
Charley knew that he would need them. For even when his hair —
had grown out evenly again and he had gotten a decently fitting
suit he knew that he was still a marked man, ‘an ex-con who
would be hounded by the police wherever he went.
NE of the new ideas picked up by Charley dealt with. the
method of committing burglaries and robberies, While not
entirely new, it was becoming more widely used by the smarter
thieves of the time. It involved the use of chloroform instead of
a club or a rock.
Knocking the victim out with a weapon of any sort was always
‘messy and too often noisy. With nothing more noisy than the
hoofs of horses in the dusty streets, and all buildings thinly con-
structed, even the slightest noise in the night carried a long
ways. This meant that a victim, if he cried out, or groaned very
loudly, was sure to arouse help, leaving only time to grab what-
ever was handy and run. But dousing the victim with chloroform
was silent and very effective. It gave plenty of time to dig into
mattresses, poke into corners, lift up loose floor boards and gen-
erally search all the places where valuables were usually hidden.
Charley became highly proficient in the use of chloroform.
Before long he was frequenting saloons and bawdy houses with
much more money than an ex-con should have. He became so
interested in his development as the slickest house burglar in
San Francisco that he didn’t bother to try to locate the redheaded
Katie who had squealed on him. There were new girls in all the
houses anyway ; at least they were new to Charley.
Another smart idea which Charley had picked up in prison
concerned the disposing of his loot. Selling watches, rings, guns,
or anything which could be identified [Continued on page 64]
Sacramento River scene. Flinn, who fled to the west
to avoid army service, was finally hanged for murder.
“,
ie
386 Cal. 209 PACIFIC REPORTER, 2d SERIES
And Nixon stated to the same effect: “The and een pasa given by counsel
ead guilty is because appointed for the is
eee uke OAs - pleaded The record in the original case, which
ote * * * he would not ask for the by stipulation was considered pe cae
death penalty.” The record of the hearing evidence in the present proceedit ee
to determine the degree of the crime shows closes that the defendants were age mg
no recommendation as to punishment. In warned of the serious nature ee
connection with the present motion, the dis- charges; that, although counse a
trict attorney testified that, “I made no such waived, the court refused 3 aes y
representation to them * * *, however, pleas until competent counse “si ee
at the hearing, I made no argument for the pointed and had consulted - & ie
death penalty”. 6 fendants. After the eines ce) ere Paes
Murphey’s affidavit further states: “They made a ae — _ cae a
had not come out and promised us we would of the crime. In this akin ss baer SP
not get the supreme penalty but we were for four full days an — gee *
1d they would not ask for it and two of the necessary inquiry, evi lence alee
the faces that always escorted us from all of the elements of guilt was ree
jail to court kept telling us we would not [2] Although there is some conflict, the
get the death penalty and was offering to record of the proceeding in which the mo-
bet ten to one in our favor we would not tion was denied contains substantial sup-
get the death penalty,” With reference to port for that determination. Further, there
this latter statement, the officer who was js considerable doubt whether the altar,
in charge of taking the prisoners from the standing alone, would justify relief in es
jail to the court testified at the hearing yature of a writ of eeror sori: sabi
upon the present motions: “They were people y. Gilbert, 25 Cal.2d 422, oe Pi
many times asking me if I had ever seen 657; In re Hough, 24 Cal.2d 522, et a
a death by gas, and what the reactions 448: People v. Martinez, 88 Cal./ pp
were. And they never expressed anything 767, 199 P.2d 375. As pointed out in this
in their hopes at any time of getting any- court’s prior opinion upholding the judg-
thing but death * * * I just told them ment, “Throughout the entire pape ae ve
once, I said, ‘Oh, I don’t think you fellows there was scrupulous regard for the SG;
will get the extreme penalty”. * * * [I fendants’ rights.” People v. Rye gee i
was] trying to cheer them up * * * 33 Cal.2d 688, 203 P.2d 748, 749. ‘
That was just before the day of sentencing same careful consideration was given when
* * * on the way up to the court. the motions now under review were heard
* * *” This was almost a week after py Judge Arthur C. Shepard, who sen-
the pleas of guilty were entered. tenced the defendants. In segaay nui’
In. argument the defendants’ counsel it By Ee yearn $Y we
stressed the lack of any reasonable ex- Cu masts i ei Be ined tip
planation for the pleas of guilty. Two sea og amt: ve reg st
We ee ace on ay“ ie ae admitted to the bar. I chose counsel
Mee es aaked ee ze whe had had some years of criminal law
oS eS eee id, ‘ ice, who knew the ins and outs of the
plead guilty * * * they said, Well, ve practice, Ther ecre\an Mil ott Hees
Rabel aes ee amet "ei ee tad had considerable experience, and
ee Oe ne oe 4 rs abe iiey all represented men in serious cases.
i i 0.” : ; . . is
ee well within the grasp of the I did not appoint jet Se ets See!
prosecution, in case of a brutal killing, it is pointed one ip eac i ee be ee
by many members of. the profession con- if, in the evi — o il ws akin?
side ed easier to save a man’s life before peared to the Cour y maeiees
che Jud than itis before the Jury * *”, guilty, or that the degree was di
DILLARD vy. MCKNIGHT Cal.
Cite as 209 P.2d 387
than announced, the Court would either (People v. Shorts, supra.) The subsequent-
have announced a different degree or would ly filed record has not in any material de-
have set aside their plea whether they gree either added to or detracted from the
wanted it set aside or not. I would not showing initially made on the application
accept a plea and I do not think any other for stay of execution; if probable cause
honorable Court would accept a plea if the for reversal was shown on that applica-
evidence did not itself show they were tion (as was necessarily held by the ma-
guilty * * »* jority) such probable cause still exists and
“T have no doubt in my mind but that the judgments should be reversed. If the
the defendants and each of them when they COUrt erred in granting the stays of execu-
pleaded guilty, hoped down deep in their tion, whether through an excess of caution
hearts that they would receive less than ‘SPired by the nature of the penalty in-
the extreme penalty. It would be unna- V°lved or otherwise, it should now ac-
tural if they did not have such a hope knowledge the fact and consistently with
* * * Furthermore, I cannot say that the precedent vacate the stays of execution
it is not a burden on my mind. It is a tre- "4 dismiss the appeals.
mendous burden, -to have to be the instru-
ment that causes the death of a human
being. On the other hand, I cannot hon- © © AT WONGER TISTEN
estly say that my mind tells me that any
T
other punishment under the law should be
meted out * * *
387
“T cannot think of a thing that I could
have done in the ordinary, reasonable proc-
esses of the administration of the law that
would have more properly protected the
rights of these defendants. Now, the mere
fact that we are protecting their rights Supreme Court of California, in Bank.
does not mean that they should not receive Aug. 25, 1949,
Punishment, nor answer for their crimes,
It merely means that we should be sure
that they did commit the crime, and we
should be‘sure they are not to be improp-
erly punished for the crime: * * *”
The order is affirmed.
DILLARD et al. v. McIKNIGHT et al.
L. A. 20790.
Irene Dillard and husband sued General
Jackson McKnight, J. F. Wilcox, and others
for the death of plaintiffs’ son from inju-
ries sustained in an automobile collision.
They recovered judgment against named de-
fendants on a finding that defendant Mc-
Knight was acting within the scope of his
GIBSON, C. aed SHENK, CARTER, employment by defendant Wilcox: in driving
: one of the automobiles involved. Therenft-
TRAYNOR, and SPENCE, JJ., concur. er, James A. Bower and another, copartners
of defendant Wilcox, were added as defend-
SCHAUER, Justice (dissenting). ants, and from a judgment in their favor by
Under the current law of this state the the Superior Court of Los Angeles County,
Motion of the attorney general to dismiss le gir ein Ps — sr ies 9 aga
the appeals shuld be granted, People y, SM MORMIM was not acting with the
Shorts (1948), 32 Cal.2d 502, 506, 512-513, coe ee é Re
‘: .? ners, plaintiffs appealed.
516, 197 P.2d 330, Defendants, in their 2 Gd ee y
licati £ f : fai The principal question was whether the
application for stay of execution, failed to first judgment was res judicata on such is-
show any merit in the appeals, any prob- gue as against the added defendants.
able cause for reversal, or any ground for ‘he supreme Court, Spence, J., affirmed
a stay of execution. On the showing made /
. 4 ‘ the judgment, holding, inter alia, that the
on their application no Stay of execution prior adjudication did not bind defendant
should have been granted and the appeals Wilcox’ copartners.
Should have been dismissed forthwith. Prior opinion 195 P.2d 819.
ffY GF ALAE AMA
Cott AA mr y arses
rere
UP Stlt
gers
30 True Detective Mysteries
cities. Mrs. Welch was a friend of the family.
“What’s happened?”’ stammered Buttles into the mouth-
Piece, scarce realizing the full import of the words.
“We found her half conscious in her apartment and brought
her to our home,’”’ Mrs. Welch explained. “She’s in pretty
bad shape; she blames Dan for it. Her jaws are broken, her
skull fractured and she’s hurt internally. You’d better come
right away.’
Distracted. with fear and apprehension, Augustus Buttles
left Fresno on the next train. _He arrived in Long Beach the
following morning, December 4th, and hurried to the Welch
home. He wanted to weep as he stood at the bedside and looked
down on the battered form that was his daughter. Her body
was a mass of ugly, discolored bruises; her jaw was held in a
steel brace.
Cornelia blinked open a swollen eye; tried to smile. With
effort she moved her lips. ,
“OC Daddy, you’ve come. I’m hurt so bad I can’t live.
I’m going to die.’’ She groaned with the pain.
Augustus Buttles choked back his emotions. He took her
hand gently and spoke what he didn’t believe. “Don’t worry,
daughter, you’re going to get well.”
Cornelia told her story slowly, painfully. Bit by bit she
gave out the details of that night of horror, details so revolt-
ing they cannot be recounted here.
“Dan did it all,’ she said. ‘We were in bed. All at once he
jumped out and pulled me with him. He had a belt with a
buckle on it and he beat me over the head and on the face.
“Then he kicked me in the stomach and the back. He
dragged me around by the hair and jumped on me: When it
seemed I couldn’t stand any more, he took a bottle and beat
me, pounded my head until I thought I would die.
“While I was on the floor, Daddy, he stood over me and
shouted, ‘I once killed a girl in Fresno, and I don’t know if I
want to kill you or not. I don’t believe I do, but I think I
shall.’ ”’
Augustus Buttles let her finish her story. Then he kissed
her and bade her good night. He had been warned that excess
excitement might bring death to the suffering girl.
From the Welches and the police he learned the rest of the
story. Cornelia and Dan were honeymooning in a little apart-
ment at 3010 East Third Street. Dan had been drinking
alcoholic bitters the afternoon of November 30th. That
s
(Left) Captain Owen D. Murphy, of the Long
Beach, California, Police Department, who
” directed the long and difficult search for
the murderer. (Below) The bottle of
bitters that was one of the tools used
by the fiend in vicious attack on
the young wife. Would it be
instrumental inconvicting him?
night he apparently lost all control
of his faculties. He beat his bride
unmercifully. By the time she re-
gained consciousness and crawled down
the hallway to the apartment of Mrs.
Clara Seymour, Dan had disappeared.
Already Murphy had become a fugitive from,
justice. A warrant charging assault with intent
to do great bodily harm had been issued by Municipal
Judge Charles D. Wallace, and bail set at $5000.
Buttles knew his daughter could not live. He knew,
too, the anxiety of his wife up in Fresno. He returned and
broke the news. Mrs. Buttles headed south on the first trai
and took up vigil at Cornelia’s bedside.
Hoping against hope, Mrs. Buttles watched over the suffer
ing of her daughter for five days. On the morning of the sixth
day of her agony—December 11th—Cornelia died.
A systematic investigation was launched at Long Beac
under the direction of Jack S. Yancey, then Chief of Police 4
To the little apartment on East Third Street where the honey. ;
moon had come to an abrupt end went Captain of Detective
‘Owen D. Murphy, then a Sergeant. On the floor he found a
empty bottle. Its label told him it had contained alcoholit
bitters. Apparently it was the bottle that had dealt the brutal
blows to Cornelia as it went crashing down on her head durin
the battle. He took it back to Headquarters.
“Better look this over for prints,” he instructed Sergeant
W. L. Woodruff. ‘We may need them one of these days."
Dusted with powder and photographed, the bottle yielded
—s
—
camncnanasapptiranp eiDNnsity, ull cet asipitnsenriciontinatiideassniieemernat
es
al, rea pan
he Mystery of
he SLA
ey Qe nN.
wee
’ EE DANIEL MURPHY, alias Leo Dan
Murphy, alias Robert Howard. Murder.
Reward: True Detective Mystertigs, $100.
‘| Age, about 40; height, 5 feet 8 to 10 inches;
weight, 200 to 225 pounds; hair, black;
eyes, brown; complexion, dark; scars: V-
shaped scar over one eye; scar over other
eye. Is pleasant and has appearance of
always smiling. Wanted for murder of
This belt was used by the
murderer in torturing his
young bride. The buckle
cut deep into her body—
but this was not enough to
) Satisfy his sadistic cruelty,
and the villain took to his
feet and fists to inflict extra
: ° ee punishment
f wife 1-6-27. May land in some jail on sf
}} drunk charge under an alias. Notify Chief e
of Police, Long Beach, California. i (Left) The Line-Up picture of
Murphy from TRUE DETEC-
( os eT a a Me Ma
f one of the most wanton mur-
d in’ Californian history.
3 1 R00 |’ Seapets ea sega ae
tC —_ i looked seven years after the
sales iat Sli oa tears al dotnte ati crime
ORNELIA was happy, gloriously happy, that night
of November 17th, 1926. She was thrilled with excite-
ment as she gave her georgette frock a final touch,
-gathered a bouquet into her arms, and stood apprais-
ingly before a mirror in the vestry of the First Presbyterian
Church of Fresno, California.
It was the supreme moment in the life of Cornelia Buttles.
She was about to be married. The daughter of simple, home-
loving parents, she had won recognition as a musician of
ability, and though quiet and reserved had gained many
friends. Fifty of them now waited in the adjoining chapel to
see her take what was to prove the most significant step in all
28
TRUE. PETECT VE
the twenty-seven years of her life. She quivered with joy.
The object of her affection was Leo D. Murphy, a dapper
young salesman, who more recently had been engaged in the
automobile and garage business in Fresno. Known more
intimately as Dan, the man to whom she was about to plight
her troth was prominent as a leader in service club work and
was generally admired.
It was shortly after 9 p.a. that Cornelia stood at the flower-
decked altar of the church, Dan at her side. Rev. George
Gibson, pastor, since deceased, began the ritual. Cornelia
heard little of the ceremony. She stopped her fluttering heart
long enough, however, to say the customary “I do’s’’ and
WS TE RISE SF
MVové UBER L935
Me
Poe
hear her h:
of the cler
chapel to i
or that dea
Beaming
Buttle and
to the new
on their ho
Just thir
Buttles hon
lifted the -
blow which
“Cornelia
want to see
bly and Da
The long
was from M
of the most
(Above) Leo D. Mur-
phy, or James R. Cal-
laghan—as you prefer
—perpetrator of the
horror killing at. Long
Beach, California, and’
many other crimes
(Right) The Pierce-
Arrow data book that
seemed a likely lead.
Would it help’ the de-
tectives to solve the
baffling crime?
hear her handsome Dan repeat after the minister.
: “I, Dan, take thee, Cornelia, to be my wedded
) Wife, to have and to hold from this day for-
ward—to love and to cherish, till death do us
There was nothing in the soft-spoken words
of the clergyman or the peaceful setting of the
chapel to indicate that tragedy hovered near-by
* or that death would them part. :
* Beaming with parental pride, Augustus H. -
Be Buttle and his wife, Charlotte, waved good-bye ’ on \° ° ALLA. i
with joy. to the newlyweds and watched them head south’ By District Attorney
,adapper ff on their honeymoon trip.
ged in the ' Just thirteen days later the telephone in the
‘own more © Buttles home jangled discordantly. Mr. Buttles
+ to plight 6
lifted the receiver, totally unprepared for the
‘work and blow which was about to fall. °
| “Cornelia is dying. You'll have to hurry if you Los Angeles County, Calif.
the hack : ne to see her ~ int been beaten terri- ;
“w. George ' bly and Dan has disappeared.”’
Cornelia The long distance call which bore this message . As told to
ering heart '_ was from Mrs. Ann H. Welch at Long Beach, one
” and [| - of the most popular of Southern California resort. BOB McKAY
A hase *
Mat *
ore.
oy,
= ¢
s =
x ©
Price-tag for murder
died in the gas cha
h
m
for life
wh a
Pa ha
“ete
eae apace oan Bil ET:
—
apparently done when he was dragged
to where he lay.
Splotches of blood marked two bul-
let wounds in his side and chest, in
addition to the hole in his forehead.
Blood had oozed out into the grass
around his head.
Chief Criminal Deputy H. L. Adams
and Chief of Detectives P. J. Starasinic,
followed by the Deputy Coroner and
other officers, arrived as Condon and
Ayres were making their preliminary
examination. “Looks like someone
has been taken for a ride,” Condon de-
clared.
“Quite clear that he was dragged
from a car,” Ayres said, as he indicated
the drag marks. .
“In broad daylight and on a much-
used highway?” Adams challenged.
‘“Doesn’t seem possible.”
“But he’s here, Chief,” Ayres said.
“And it doesn’t look to me like he has
been dead very long.”
The Deputy Coroner made a quick
examination and agreed with Ayres.
“Not more than three or four hours.”
NIFORMED officers blocked the
right-hand lane of traffic and be-
gan directing it along the opposite side
of the road. The detectives began a
search of the scene, while Adams and
Starasinic made a closer examination
of the body.
“He could have been robbed,’ Star-
asinic suggested, as he and Adams
squatted beside the victim.
However, both the suggestion of
robbery and of a gangland one-way
ride were discarded when Adams
found a leather billfold in the inside "ital
coat pocket. It contained nearly $100
in bills, an identification card and other
papers.
“A bandit would have taken the
money,” Adams reasoned. “And gang-
sters would have stripped him of identification. So I
think we have something deeper than that.”
“Who is he?” Starasinic asked.
“John Lucia, 1742 Leavenworth Street, San Fran-
cisco,” Adams read from the identification card. He
pulled all the papers and cards from the billfold. “‘Here’s
an operator’s license for a chauffeur,” he went on, “and
also a registration card, for the same name and address.”
Starasinic took the card. “This-gives the license num-
ber as ‘PCF 3100.’ That’s a public-conveyance license. .
It’s a Packard sedan. Either a taxi, or a sedan operated
for hire.”’ .
Adams looked at the victim. He appeared to be about
50 years old. He was neatly dressed. “From his looks,”’
he said, “I’d guess he wasn’t an ordinary cabbie.”
Starasinic called Condon and Ayres and gave them
the registration card. “You boys get over to San Fran-
cisco as fast as you can and check this name and
address.” :
As the two detectives left for San Francisco, by way
of the San Mateo Bridge across the bay, Starasinic
turned back to Adams. After pictures were made, the
THE MURDER GUN—
In photo above, Chief Criminal Deputy H. L. Adams is shown
examining the weapon, while Deputy Fred Harden looks on.
body was rolled over. As it was overturned, a small
steel-jacketed slug fell from between the white shirt
and the serge coat.
“That’s a thirty-two caliber,’’ Adams decided, after
examining it. “Spent itself before passing through
the coat.” .
Starasinic nodded. ‘The other one is still in him.”
“In the body, yes,” Adams said. “But not this one.
Look here.” He pointed to where the head had rested
on. the grass. ‘This one went clear through his head.”
He took out his knife and picked a second slug from the
blood-soaked earth.
“That was fired as he lay here,” Starasinic said slowly.
“Deliberate murder!”
‘Since it was clear that the body had been dragged
from the road, and there were no signs of struggle, the
officers could visualize what had happened. The victim
had been shot twice, dragged unconscious from the car,
and then the final slug was sent through his brain. The
fact that bleeding had been heavy from the wound
through the head indicated that the victim had been
alive when the final shot was fired.
HADOWS of the trees along Winton Road were
lengthening fast as the October sun dropped rapid-
ly into the Pacific. About a mile south of Hayward,
California, a bustling city on the outer fringe of
Oakland’s_ teeming metropolitan area, the shadows
reached across the highway and made a pattern on a
body stretched near the edge of the pavement.
Heavy trucks rumbled past the spot every few sec-
onds, and automobiles whizzed past it almost constantly.
Scores of airplanes from the nearby Army fields zoomed
low over the area all the time. Still no one noticed the
sprawling figure until a young couple, driving slowly to
prolong their time together, happened to see it.
- “It’s a man!” the girl exclaimed. “Stop! He may be
hurt or something.”
Her escort stopped quickly, got out of his
car and walked back to the body. It was a
man, and there was blood all over him and
‘an ugly crimson hole in his head. There
were marks in the loose gravel where his
legs and feet had dragged. It was obvious
that this was not an accident. .
The young man ran back to his car.
P, J. Starasinic (ahove) located
a man who cut his finger in a
barroom—for a murder alibi!
“Looks like he’s been killed,” he told his companion.
“You mean... murdered?” the girl asked unbeliev
ingly.
The young man nodded. We'll notify
the law.”
At the nearest telephone the young couple reported
their discovery to the office of Sheriff H. P. Gleason, in
Oakland, and within a few minutes radio patrol cars
and detectives were hurrying to the scene. Deputies
Richard Condon and Alfred Ayres, of the Detective
Bureau, were the first to arrive.
_ The victim was fully dressed in black shoes, a neat
blue serge suit, white shirt and necktie. He lay face up,
and his coat was pulled up under his head and shoulders,
“I’m afraid so.
Pongpeiame’
VICTIM, AS FOUND—
When police discovered nearly $100 on body, they
looked for «a deeper murder motive than robbery.
Darkness was spreading over the area as the Deputy
Coroner lifted the body into a wire basket and then into
the ambulance. A careful search of the scene had re-
vealed only one object—an empty .32-caliber shell. It
had obviously been fired from an automatic type pistol,
and had been the single shot fired as the victim lay in
the grass.
“Doesn’t seem possible that a deliberate murder like
this could take place in broad daylight without some-
one seeing something,” Starasinic said. “It happened
between two and three. Cars must have been whizzing
by here all the time.”
“Surely someone saw something,” Adams agreed,
“Finding them is the problem.”
SHERIFF H. P. GLEASON—
in his department to search for a missing car.
Presuming that the car had been traveling on the
side of the road where the body had been found, it had
been heading away from Hayward. It was decided that
Starasinic and Deputy George Wisner would begin a
check of farmers, ranchers, and residents along the high-
way to see if they could pick up any information, and
that Adams would return to Oakland to see what Con-
don and Ayres had discovered in San Francisco.
“Word of the killing has already spread around,”
Adams said. ‘“There’ll be a lot of people talking. Some
of them may have seen something.”
12 THE meantime, Condon and Ayres had driven to
1742 Leavenworth Street in San Francisco. A middle-
aged woman answered the doorbell. ‘“We’re looking
for John Lucia,’”’ Condon told her.
“I’m Mrs. Lucia,” the woman replied. “John is work-
ing. What did you want to see him about?”
The woman’s face clouded when they identified them-
selves as officers. ‘But why would you want John?” she
asked. -
‘“‘Was your husband about fifty, and did he wear a dark
blue serge suit today?” Ayres asked her.
She nodded. “But, I don’t understand this.”
“I’m .... sorry, Mrs. Lucia,” Ayres said haltingly. “But
I’m afraid that your husband has been killed.”
The woman’s face went white. She gasped, and
reached for the door to support herself. “Please, what
has happened to John?”
As quickly as possible the officers gave her the grim
facts. Mrs. Lucia staggered to a chair and slumped down
into it. The officers waited for her to recéver from the
shock. Then they began asking her questions.
Mrs. Lucia said that her husband owned a Packard
limousine which he operated for hire from a stand at
the Ferry Building. He had left home that morning, as
he had for many years, and she had not heard from him.
Mrs. Lucia said her husband had been a sober and in-
dustrious man. He conducted his limousine service
independently and was not involved in any way with
other people. “Everyone knew John,” she said. “They
were all his friends. Why, the taxicab boys used to send
(Photo at left.) He assigned every available man
a
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Rev. P. J. McCarthy
1 PARK
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To Go To Oroville
Res oo. Jo MeCarths pasta oo
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place will lose hin pastorate
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SLAYERS OF
PLUMAS MAN
ARRAIGNED
ere |
Men A-_ cused of Murder of
S:acyv Baccala to be De-
fended dv Local Men
SON SHOULDERS BLAME
Reno Attorney Engaged oy
Sider Monroe With.
draws Services
i ite m epob ard Rilty
, fer uh hicde Of Stacy
beiew whee Git vite dea shes-
4 Wiles ay tr oadeat an the
marnmine ei te
Bill he ast tomarraw
merning at
nol Sunerror Court,
Toward at Reno,
Monroe
Was etree ed ay ye elder
tx defend tint bat las withdrawa
fron: the case A~ neither of the
oy ne Ed sresented dy
Wyeeb AL th. arvarsnment. the
ADDL Hot ME Hania to
eheeteomep Radla Menno the mam,
Contonidesd on Paame Raaiie
FREE LIBRARY
F THE COUNTY
fm. mee nt alii-aiiename’ or GH wy
ae
YES WELL
Area of 4,600
Mies Owns
Supplies an
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ONMIAre
a
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7. nb
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rent facta.
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“hat a man be-
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r Ozol, and that |
wwe with the box, |
oral course be- |
aces and came
rT
“CR, :
= company said
was found
Wednesday
rdy
ay
months ago.
5 .end claims ad-
-iehardson, local :
‘ing the private,
{
ral services for
at 1:20 o'clock
‘m= tthe”) «0 Gurry
nlon remained
+ despite testl-
zen witnesses at
anton, widow of
vitness, testified
-en her husband
velock Tnesday
-fore he walked |
2 —
‘horities agreed
iperintendent of
befere his body
ang that there
gesting violence
ve body. :
rithew, who co-
Rtuckman in the
budy wag. still
Rathitt,
testify at his new trial, advancing
acquittal yesterday.
g2o.000 worth: William Monroe,
Tribune |
: Pag:
eaters .....26
errr Py
Ny «bev ersed®
Sa ey ¥ |
Nie ttle eee 26
ract pees 26
Renny © |
vibes seis 40
aye 2, Col. 3.)
|
{
i
WHEN HANGED
of a Lassen (County deputy sheriff,
+ should be pardoned.”
sald Virs, “Raulite wou
the same alibi which brought the
AYER. LAUGHS
Who Killed
Deputy, Leaves Peg Leg to
_ Prison, Body to Stantond
SAN QUENTIN, Oct... °28,—--Wil-
liara Monroe. 39, ertppled murderer
went to his death on the ‘gallows
here today with a laugh on his lips. j-
One of Monroe's Jas: act® was to
write a fetter to Governor Rolp
K
pleading for a pardon | for his
father, Earl Monroe, 52, serving a
term here for manslaughter grows
Ing out of the same crime.
Reiterating that he killed In
self-defense, Monroe declared his
father was “entirely innocent and
He. also <
nsy..ed that bis remalning money,
2, be turned over to bis father.
The elder Monroe was in the
pfison yard at the time of the ex-
cution, He collapsed when |, in-
rmed that his son had been
langed, Warden James B. Holohan
Id.
Monroe's artificial feg, taken
from him when he-corfessed that
he had- used it as a place of con-
cealment for a. razor blade with
‘which he attempted suicide last
, Wednesday, was restored to¢him
i just before the death march
‘started, .
— Holohan’ announced “ecttaning
the excention — that | Mouroe‘’s
dbody would’ be turned over to
Stanford University, in accord-—
ance with the comlcmney man's
own wish,
The leg wax left to the. ASS
Monrog having cxpressed the
hope that some othc® convict,
crippled in the same nier as
he was, might be aut to use it.
Be Ao 82.
b edecncseescO
vo 26,
ee ' «0,6 6.6 8 Hae
: OO Tonight: 2=3
ae RC
H A Deicke ates SU
i 3, 9
"Monroe was smiling as he up-
proached the 13 steps gal-
lows, \Yaccompanied » Yo Fi
pecree, A. O'Meara, _ Locketaid chap-
a
As the condemned ‘man “reached
the first step a guard grasped his
arm to help him. Monroe turned.
and said,."Don't you think I can
walk up alone?”., pe
Tho. trap waa- sprung atlto: 07
a m, and Monroe was pronounced,
jing relations between
Tlussia and-Japan, despite the
troublous Manchuria that les be-
tween them,
The proximity «f a treaty ‘of
non-aggression hel ween France
and Russia, stipulating that France
will give no aid to @ country at-
tacking Russia, and vice versa,
--Apparent Anglo-American
unity ot Geneva, implying that
the world’s two larKest nav al
powers have reached an agreement
im principle to harmonize their
views oh disarmament.
BETTER RELATIONS
OF JAPAN, RUSSTA
“Maseaw reports tolit of better
felations hetween Japan. and
Nussia especially affecting their
mutual trouble spet, Manchuria.
The Russian covernment has been
acting as go-between between Chi-
nese irregular troops and the Jap-
anese government in disrupted
Northern Manchuria.
The Chincse troops have cut
off » large arca of Northern
Manchuria from the world, and
several hundred Japanese are
held in Manchuli, just acros the
Rassian border, Half of these
may be releused through the
good offices of the Soviet. Be-
sides, Russia has been sending
Japan daily reports of the Mane
churian sitaation.
Too, Yosuke Matsuoka, who wihs
jead Japan's defense of her Man-'
churian policy before the Leacue
of Nations in November, will first
visit Moscow. There he presumably
will seek to ascertain Russia's atti-
tude toward the Lytton report to
the League, which condemned Jap-
anese aggression. .
FRANCE, RUSSIA IN
NON-AGGRESSION PACT
A vell of secrecy, however, cov-
ers the prospect of @ non-aggres-
sion pact between ‘these two
powetx, although Russia has long
openly sought such an agreement.
Paria d{xpatches sald the new
* French disarmament scheme has
a security section which is based
on the idea of strengthening the
Kellogg-Briand = act outlawing
ware “In Tine -with-thts- polices,"
it was learned authoritativety,
_France has virtually reached an
“agrecment with Russia on terms
of a non-aggression pact. ‘There
" wan no amplification. ;
Norman © Davis, the, American
representative at the disarmament
conference, went —to-+he—Erench
capital today to talk"over disarmas
ment, with Premier: : Eduoard
Herriot. \ ins
Davis, Incidentally, talked with
Tsuneo ‘Matsudaira, the Japanese
ambassador to London, and learned-
what Japan will propose for nayal
reduction to the disarmament con-
ference. This plag. haa not. been
publicly revealed, bit it in known
to. be. digtinet © from either’ the
£ deans,
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claded fa the ShasthCarcede
Wonteriand area. They ave wa;
| Ae hfghWay wee sour
eee
ea
hen Die A a atl
HIN Miahoacan comes a story votched |
for by the antirorities of the state
| univers) .
; Bome time ago indians, digging |
i inte the site of a Aill, came upon |
the Bones of HOME monstrous ani-
mal or animalk. The story spread .
throaghoet the contry that the’
; bohes were those of giants, which |
traditton says Hved in Mexico be-
fore the “great deluge Hundreds.
om people Went to see the remains
‘of the giants and the story was
‘
\ Both Crater Lake and Lassen:
for attracttons served by the Pa-j. 7
0 9 P40 Seconds. ee ET Loe eee 00 eee Seek, 3 tees.
{
thany mitttens. BF vottars wort
Lamter ‘Conipehy, which. owns,
OF ase a een
: | decbee We WTOS of Ranins
~ ARRAIGNED : weve fe tate Eo
ox ‘of that conhty Ye remove Mir
ees yecetver.tae-tha Pickerinx
| (Conttwed from page one) “ern
aka J. A. Pardee to represent 8. ' stnh@ihg aeainst the ‘compaay’s|
|. Monroe, the ¢ather, wacoMpIeted Fawmin avd wood-
by
the Roveenratht ot F160, 000) ‘
i
I:
Father Against Son ‘Working plant at Aftaras. Fiteks'
The case, as it now stands, te; Made the statement that. every |
The: fort to sell the plant had met}
t
; one of father against son.
| etder Monroe lays ail blame for, With failare and that it was
ithe
, Son Billy; and that individual has. te corporation.
| been rather hoastful in admitting! The sawmit!! plant. one of the.
the deed. and from what can de most modern in cvery way In the
learned, ix willing that his father United States, was bDetlt in 1928
ve absolved fiom all blame. What Nd 1929, by tha late W.
his tnne will be When placed on ¢rinz, lumber magnate at a cost}
Due to the!
not long in reaching the univer- (rial remainea to he seer Ot aver $1508 N00,
sity, A commiss‘on of nrofessors« In a typewritten Scar eeent. cov. “Udden death of Pickering, the
, Was sent fo inveertigate Tt Nas ering S58 pewes, the father ters iid never operated, Pickering |
just been reported thai che hanes in pletail of each, the. pobaer: ‘snl penned to miil the timter on}
are those 97 enormen. sloohants “i whantine Fn . 7 ree T2580 geves 9, the wom-!
Whieh met chei: death in the then aa ae ceawine . rhe Dt awsy’s hoidings ato ANiisa.. to-!
NOTE land several shoensand vears denaty shertf! entirely an hi. ean Nes owt timber nurchased :
2g0. He makes no ovnlanacian bans from the Porest Service Several |
As elephants were not known PVOr, as to why he hnered the hilhwa feer of high grade mer. |
o have moabited Mexico the find sitemobile in wines exeaped 7” ‘“aSio timber is tributary to!
As aWahkened great interes: This “TOM Che seeme oof the payyeary the untynished plant. The gen-
inierest Nas deen heightened py and munder "eral depression, following on the:
the faet that the skeletons of a This trial wit! i Fvlocnd wes death of the former head of the;
caee apparently older than anv interest by persons tram hanson conerra, makes it e.tremely.
reto.ore found ino Mexten. fie and Plumaa Counties. 1 the ieed doubdtfal it the plant is ev-- Op--:
ied wich tue botes of the ele- cOMMitted Was the most opysy] 7rAated
st vee alee dite: (ries ahs ever recorded in the hstury a. . . !
Lassen County. Brothers Under the Skin
dotrery heretofore encountered in
‘he atate of Michoacan
So important does the Univer-!
<it of ¥ .choacan consider the dis-'
covery that {ft has d@clared the!
territory miles round
apoat what the people call the’
“Durlal place of the anctents” an-
i.cheelogival rone, which means
toat unofficial excavations of all
kinds are prohibited. ‘fy.
sity will continue excavations ro
asceriain the roeation of partly
maniin Mexico to the groat
onee tnhabtted toe Amerean
comtinents
“aid
OV fre spe,
for (two
mover
+ !
ive Qaty!
i‘,at
Diefures Larnted
ih Whebon
it ia that
Ty ed welipye
CAN On sooth stone prota Ho)
end depteted in the form of tiay
tio Vietvanas terete eed e neerid
POR ry pore bby ba theo nrinerryd
,US80.000 elosed cars produced.
“When . see you [always think |
Open Cars Decreasing ,o! Smith.’
Open cars MADnfactured in the. ‘But lam not in the feast like ;
United States taat year numbered Smith.”
Only Lee naa &s compared with “Oh, yes. you are. You doth |
ows me $10."
ee aes
hic: Rule aes call
and Monday, July 16 and 18
oO A a Oe cn gfe “neal compa
cold blooded murder on hig) 2eavy Madittty on the hands off
A. Pick-!
2
PAGE S
—s
anerT
Legislators To |
Consider Pay Cut
ie
=
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‘on 2
t a :
@
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By HOMER 1. ROBERTS
(United Press Staff Correspondent)
SACRAMENTO, Sept 22, (U.P)
A splary cut is still in prospect for
members of the California state’
legislature. :
A bill now being proposed tor the .
1933 session which convenes next .
January would reduce the legisla-
tors pay from the $2.400 they now
receive every 2 years, to $1,000 it
wil! in 1924 before the people grant-
ed the boost in pay.
The matter of ¢ salary cut was
first suggested following
Rolland A. Vandegrift,
the state department of finazice, to
Assemblyman Robert L Patterson
of Taft, administrative floor leader.
- amnged a ye sends
$e ena ee
a letter by!
director of |
SS ae ee
| Monroe Granted
30 Day Repreive
j
' A United Press wire received at
‘The Advocate last Friday afternoon
‘brought the report that Williarn
ag z: i ny ng em Re sane
smlUMLVEe, Convicted rqppd- bal O-Lideenne) or
Stacy W. Baccala, and first
neenae aantannrand
sen county court, had, on that day,
‘been granted a thirty day reprieve
by Governor Rolph.
Monroe was slated to hang at San!
Quentin next Friday, September 50. '
The stay was granted by Roiph upon
the request of the supreme court in
iorder for that body to study the
lecriminal’s application for commu-
leation, the telegram stated.
It appears that the youthful ifon-
roe is seeking to escape the noose.
reth life omprisenment the alter-
man |
to hang from a Las- |
‘
t
‘
t
folks was goin’ ©
| put on t’ panties?”
142 Trial by Ordeal
The three of them climbed on the adjoining boxcar, where
they remained, sobering up, until they left the train at
Fresno. They were arrested after they had made their way
to Madera.
Meanwhile, a heart attack killed the victim. His body
was embalmed before an autopsy was performed. Because
of the embalming, it was impossible to make a blood test,
but the cause of death was found to be acute coronary in-
sufficiency due to traumatic shock, Although the heart condi-
tion alone could have caused death at any time, the testi-
mony of the deputy assistant coroner and of a doctor
appointed by the court was that the physical difficulty had
to some extent been aggravated by the trauma. At best the
testimony of these two “experts” was logical and reasonable
guesswork. They may have been right. They may have been
wrong. No one will ever know. Only one thing is certain:
Nick and Murph had no intention of taking a life.
The three of them, shocked by what they had done, pled
guilty to robbery and “murder.” The judge found the
“murder” to be of the first degree. Curiously, he sentenced
Bob to life but doomed Nick and Murph. They came to
Death Row, they played their guitars, they waited. Then
they were taken downstairs to await The Morning and
death.
Just before the death watch came for him, I heard Nick
tell his next-door neighbor, “Wes, I don’t feel too good.”
Neither did I, and the more I think about their case the
worse I feel, the angrier. |
Nick was taken into the gas chamber and strapped down
first. Then Murph was brought in and allowed to shake
Nick’s hand. And so two migrant camp workers were put to
death. They died almost apologetically, as though they were
sorry they had put the state to all this trouble.
a
#
15 The Professional Criminal
The professional criminal is not one who has lost his ama-
teur standing. He’s a distinct parasitical species who steals
or engages in other illegal activities as a way to make a buck.
Sometimes he’s enormously successful; sometimes he’s a flop.
Success in his field is as highly competitive and exacting as
it is in legitimate professions. He may have chosen some
branch of crime as you may have chosen the law, medicine
or engineering. Again, he may have drifted into it as many
drift into their work.
Opportunities for the professional criminal are unlimited.
So are the hazards. Temperament, chance and environment
are considerable factors in the shaping of the professional's
career. On his way to the top~or the morgue—he may take
a couple of falls, do a jolt or two. Usually, almost invariably,
he starts out as a little frog in a big puddle, and he serves
his apprenticeship the hard way. At first, the big money
doesn’t come easy; sometimes it never comes. But come or
not, dollars are his god; they symbolize the good life, pres-
tige and power.
If he were alive today, Lombroso would find it impossible
to spot the professional by his cranial measurements or his
physical appearance. He may be a dolichocephalic or a
brachycephalic—long-headed or short-headed, round-headed
143
ALSO BY CARYL CHESSMAN: Cell 2455, Death Row
CARYL CHESSMAN TRIAL
PRENTICE-HALL, INC.
ENGLEWOOD CLIFFS
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140 “A Trial by Ordeal
O, dazed and tearful, was executed, The book was closed,
the case forgotten. Two lives were lost where not one should
have been. The law journals and the execution logs of this
nation’s prisons are full of such endings.
While hardly in the grand tradition, you might title this
next case The Great Train Robbery. It, too, ended when two
men, Nick and Murph, died side by side in the gas chamber.
Murph was in his mid-thirties; he looked forty or better.
A cataract had destroyed the vision in one eye. His hair was
thinning. By no means a dangerous criminal character, he
was in fact a mild and easygoing guy. He'd been arrested
a few times for being drunk, which attested to his fondness
for the bottle. He liked to move around, see the country.
His partner, Nick, was in his twenties, a tense, thin-faced,
rootless youngster. They were migrant camp workers whose
greatest pleasure, after a hard day’s work, was to find some
warm place where they could play their guitars, sing and
drink wine.
With a third man (we'll call him Bob), they were jailed
for being intoxicated. They were released the next day, with
orders to get out of town within an hour. They hopped a
freight train and rode to Tracy, intending to continue on to
Firebaugh to pick cotton. That night they downed consider-
able wine. The following morning they drank the quart of
wine they had left, and then went to work picking tomatoes.
More wine was consumed while they worked.
Their day’s work done, they ate and then went down to
the edge of the freight yard, They jumped a freight train
going their way and found a place to ride on a flatcar
situated between two boxcars. There were a caterpillar trac-
& Fe
he RR |
The Accidental Offender 141
tor and a bulldozer on the car, and four other men: an
eighty-one-year-old Negro, a machinist who had been on
the train from the time it left Stockton, a one-armed Mexi-
can, and the victim of the “homicide” (who was suffering
from a heart condition that could have caused death at any
time). Before boarding the train, Nick, Murph and Bob
had purchased a half gallon of wine for the trip. After the
train pulled out of Tracy the wine was passed around and
all on board drank some of it.
The train passed Firebaugh without stopping and went
on to Los Banos. En route, the wine was exhausted. Nick,
: Murph and Bob were broke. They were tight. They were
thirsty. The ride was monotonous. One of them hit upon
the crazy idea of a “robbery.” Out came the knives carried
by all migrant camp workers. Some clothing and $7.44 in
cash was taken. This drunken lark soon led to tragedy.
At Los Banos, Nick left and made a hurried purchase of
a gallon of wine. Murph and Bob stayed and ordered the
others not to leave the train. It was after sundown and turn-
ing dark when the train pulled out of Los Banos for Fresno.
The wine was passed around. Nick, Murph and Bob drank
so much they only vaguely remembered what subsequently
took place. According to Bob, the victim called him a
“tramp robber” and a “fruit thief,” and was rewarded with
a slap and a kick on the backside. The outcome was some
further scuffling, in which Nick and Murph participated.
While not severe enough to hurt an ordinary man, the rough-
ing up, mild as it was, caused the victim’s heart condition to
be aggravated. He lapsed into unconsciousness. Knowing
nothing of his condition, the trio concluded the victim had
passed out from too much to drink.
Bob took a Bible which one of them carried and, holding
the Bible in one hand and a knife in the other, “made the
rounds having these guys swear they hadn’t seen anything.”
102 HISTORY. OF SISKIYOU COUNTY, CALIFORNIA.
-nonamarte senoveesee ae ee eee ieee ee eet Oe Re e+ SECT
wounded in the head and captured, while McGuire
escaped by flight. Foster had succeeded in removing
his irons, and now, severely wounded, was conveyed
again: to jail, while McGuire went to Fort Jones,
and, finding escape impossible, gave himself up.
Foster and Ferry had the terms of their sentences
increased, while McGuire, who would have been
released in a few days, was sent to San Quentin for
two years for his little exploit in jail-breaking.
George Foster, alias Charles Mortimer, alias
Charles J. Flinn, was the leader in the jail delivery,
a hardened and reckless felon, and ended his career
upon the scaffold. He was first sent to San Quentin
from San Francisco for three years, and when his
_ term expired, went back, chlorufurmed “a man and
robbed him of $1,800, was arrested, and escaped
from officer Rose, by knocking him senseless and
nearly cutting his throat. He then caine to Siski-
you county, and was soon sentenced to three years
for grand larceny, which term was increascd to
seven years for his participation in the jail delivery.
After his release he continued his career of crime,
finally murdering a woman in Sacramento, Septem-
ber 19, 1872, for which act he paid the penalty
upon the gallows, not, however, until his brother lost
his life in a desperate attempt to release him froin
the jail in which he was confined while awaiting
the day of his execution. __
The Supreine Court having reviewed the case and
sustained the decision of the luwer court, King was
brought before Judge Garter in May, and was sen-
tenced to be hanged on Friday, June 23, 1865.
Preparations were accordingly made by Shevilf A.
D. Crooks by erecting a gallows in the jail-yard.
King’s conduct during the trials had been one of
bravado and defiance, and this he maintained to the
last, being quite abusive while on the scaffold. He
remarked as they were lealing him from his cell to
the place of his death, “I’in the handsomest man
here, if Iam going to be hung.” But few specta-
tors were adinitted within the jail walis to witness the
last act of this terrible drama, which culminated at
nine minutes to twoo’clock. The murderer who thus
’ received the just punishment tor the crime, nearly
two years after he had plunged the fatal knife into
an innocent.and unsuspecting bosom, was buried a
little east of town, near the remains of Crowder and
Sailor Jim, executed several years before.
WILLIAM WILLIAMS.
Influenced by passion and whisky, William Wil-
liams committed a murder for which he was once
under sentence of death, and now occupies a cell in
the penitentiary, where he is doomed to remain
till death coimes to his relief. He was an old sailor,
short and heavy, with a dark complexion, and a
hasty temper. For years he herded stock on the ‘
Siskiyou mountains, and was familiar with every
hill and ravine in the range. Ill-feeling existed
between him and John Todhunter about the killing
of a colt, which culminated in murder. On Sun-
day, May 8, 1870, Williams went to Cottonwood,:
where he spent his time in getting drunk and mak-
ing threats. About six o'clock in the afternoon he
invited several to come and see him kill Tod-
hunter, and then went to Brown's saloon, where his
victim was playing cards, whom he immediately
\
caught by the collar, Todhunter raised a chair to
strike him, but: bystanders interfered, and a scutHle
ensued, in which Williams drew a knife, and was
thrown to the floor under a billiard table. Todhun-
ter then rushed into the street followed by. the
frenzied man with the knife, who chased him across
the street. The fugitive picked up a stone to defend
himself with, but*Williams dodged under his raised
arm, and plunged the knife into his side, penetrating
the heart. The wounded man fell to the ground,
and commenced striking out with his feet to keep
his assailant away. ‘Ile others then rushed up and
secured Williams, while his victin: raised slowly to
his feet, and then fell back dead. The murderer
was conveyed to the Yreka jail, where he spent
several days in weeping and Jamenting the crime
his passions, inflamed by liquor, had led him to
cominit.
On the thirtieth of January, 1871, his trial was
commenced in the District Court, before Judge Ros-
borough, and lasted five days. He was defended by
E. Steele and J. Berry, while ‘the prosecution was
conducted by District Attorney Edwin Shearer,
assisted’ by Calvin Edgerton. After a deliberation
of two hours the jury brought in a verdict of mur-
der in the first degree. The day for pronouncing
judgment was postponed from time to time to allow
the defense to prepare a motion for a new trial, which
was presented and denied on the twenty-fourth of
February, and sentence of death pronounced, the
day of execution not being fixed. Later a warrant
was issued by Judge Rosborough, appointing Friday,
April 21, 1871, for the execution of the sentence.
A supersedeas was obtained from the Supreme
Court, and the case reviewed: before that body on
appeal, the points relied upon being the absence
of a material witness, refusal of the Judge to give
certain instructions, and the denial of a motion for a
new trial. Ittook a whole year to reach a decision;
and April 23, 1872, Chief Justice Wallace filed an -
opinion, in which the others concurred, affirming the
judgment of the lower court, in which he said:
“We discover no error in the action of the court
below in any of the proceedings of the trial. The
various legal propositions involved were correctly
placed betore the jury by the learned judge in an
elaborate charge, remarkable for its clearness and
force.” May 29th, T. A. Bantz, district attorney, ©
moved for judgment, and Judge Roxborough set
Friday, July 26, 1872, as the day for the execution.
Efforts were then made to have his sentence com-
muted to imprisonment for life. Williams frequently
declared he never would be hanged, and attempted
to make good his assertion by escaping from
jail on the evening of the second of July. Sev-
eral months before he had succeeded in cutting
his irons, but the fact was discovered before he
effected his escape. By the aid of outside friends he
secured a file, saw. hatchet, and auger. On the
night referred to Sheriff Morgan was in Etna, and
Jailer Ed. O’Neil was down town, Icaving him a
clear field to work in. The rivet that secured the
chain to the rings about his ankles was quickly filed
off, and then he commenced upon the hinges of his
cell door. After partially sawing these off he alan-
doned the task and inade an opening in the door by
boring holes through it and taking out a piece.
CORI ST nent rir em MEE cin eT ee
a
EORGE NOLAND. Murder. Rewards:
Authorities, $25; True Derective
Mysteries, $100. Age, 29; height, 5 feet
2% inches; weight, 132 pounds; eyes, blue;
hair, black; teeth, good; complexion,
medium; build, medium small; occupation,
mechanic; born, Missouri; residence, Bar-
tlesville, Oklahoma. Began serving life term
1-27-26 at Oklahoma State Penitentiary.
Escaped, 5-30-32, sub-prison, Atoka County,
Okla. Jf located, arrest, hold and wire
Warden S. E. Brown, Oklahoma State
Penitentiary, McAlester, Oklahoma.
F.P.C. (7) 5 Ra 18
17 R13
[* Gates SHORT. Attempt to Mufder.
Rewards: Authorities, $25; True| De-
tective Mysteries, $100. Age, 33; hejght,
5 feet 5 inches; weight, 130 pounds; hair,
brown; eyes, blue; complexion, medium
light; build, small; front upper tooth put;
occupation, cook. Short was received at
Utah State Prison on March 28th, 1929, and
made his escape from there on Noy¢mber
17th, 1930, while serving as « trusty.| Vf lo-
cated, arrest, hold and wire collect, Warden
R. E. Davis, Utah State Prison, Sal4 Lake
City, Utah.
F.P.C. 1 R WO 12
1 R Il 4
EE DANIEL MURPHY, alias Leo Dan
Murphy, alias Robert Howard. Murder.
Reward: Trus Detective Mysteries, $100.
Age, about 40; height, 5 feet 8 to 10 inches;
weight, 200 to 225 pounds; hair, black;
eyes, brown; complexion, dark; scars: V-
shaped scar over one eye; scar over other
eye. Is pleasant and has appearance of
always smiling. Wanted for murder of
wife 1-6-27. May land in some jail on
drunk charge under an alias. Notify Chief
of Police, Long Beach, California.
F.P.C. 21 I 17
1 R OO
Robbery. Rewards: True DETECTIVE
Mysteries, $100. Age, 31; height 5 feet 6
inches;/weight 175; eyes, dark brown; hair,
dark Hrown; complexion, medium; build,-
medium. Fugitive with four others held
up bank in Michigan; while escaping they
shot And killed deputy-sheriff on May 24,
Use every precaution in making his
; dangerous. If located, arrest, hold
ire Commissioner Oscar G. Olander,
Department of Public Safety, Lan-
Michigan.
F.P.C. 1 U Il 16
1 U OF 13
INGENT HENRY. Murder and Bank
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DEPT. R-564 BELOIT, Wis.
60 ry
latter, taking Investiy ator Percy Collyer
| with him, hopped a plane to the Arizona
city. With Sheriff J. R. McFadden, they
went to the home of this sister, Mrs. Perry
Mundin. There was no answer to their
rings. In their car, parked half a block
away, they waited. At about one o'clock
in the morning an automobile stopped in
front of the door and a man and woman
alighted and went into the house. The of-
ficers immediately followed. The sheriff
wasted no time after introducing himself.
“We want to talk to your sister Bertha
and her husband,” he said. “Tell-~us where
they are, please.”
Mrs. Mundin looked nervous and flus-
tered. “Why, I really don’t know,” she
‘said. “TI haven’t heard from Bertha in
some time.”
“You mean to say you don’t know where
they went after they left San Antonio?”
“No, I don’t.”
The officers were nonplused. They didn’t
know whether to believe her or not. South-
ard, cursing bitterly under his breath at the
way the Murphy trail always seemed to
end, glanced at a waste basket alongside
where he was sitting. There was nothing
in it but one letter, which had been torn in
several pieces. While the two other of-
ficers were engaged in conversation with
Mrs. Mundin and her husband, Southard
picked the little scraps out of the basket
and put them together. From one of the
pieces there leaped to his eyes the single
word “Bertha.” He stood up and con-
fronted Mrs. Mundin.
“I thought you didn’t know: where your
sister was!” he exclaimed. “Then how do
you explain this?”
Mrs. Mundin glanced at the pieces on
the desk. They spelled out:
“Bertha and her husband and baby are
here. They came in last night.”
The hunted one’s sister went white. It
was difficult for her to speak. Her throat
worked nervously.
“Suppose I do know,” she said finally.
“Why do I have to tell you?”
“Because her husband’s real name is Leo
Murphy, and he’s wanted for murdering one
wife up in Long Beach. Do you want
your sister in that kind of danger ?”
“Of course not,” Mr. Mundin broke in
decisively. “Tell them, Alice.” ~
“All right,” the woman said resignedly.
“They're living with Mrs. Edna Johnson
at 7630 Race Street, Pittsburgh.”
ESS THAN an hour later the chief of
police at the Pennsylvania city held a
telegram signed by Sheriff McFadden:
LEO D. MURPHY, BELIEVED TO
BE LOCATED AT 7630 RACE
STREET, PITTSBURGH, WANTED
HERE ON CHARGE OF MURDER.
HAVE WARRANT FOR HIM. PROB-
ABLY LIVING UNDER NAME OF J.
R. CALLAGHAN. USE CAUTION.
IS DANGEROUS CHARACTER.
At four o'clock that morning, June 6,
1933, Detectives Thomas J. Donahue and
Edward V. Scanlon roared in a squad car
out to the address on Race Street. Both
of them were familiar with Murphy’s pic-
ture, which they had studied many times
on the wanted circulars. They reached the
house at 4:15 and pounded on the door
when they received no response to repeated
ringing of the bell.
A light switched on in an upper room.
A few seconds later an indignant and
sleepy-eyed man appeared at the entrance.
“What’s the idea of hammering on my
door like that at this time of the morning?”
he demanded.
One glance told the officers that he was
not the fugutive. “I’m sorry,” Scanlon,
apologized. “We're looking for a Mr.
James Callaghan, and were told that he
lived here.”
“He did,” the man grumbled, “but he
moved away a short time ago.”
“Do you know where he went?”
The two men held their breath awaiting
his reply.
“Moved down Race Street,” the man re-
plied. “I think the number’s 7410. You
might try down there.”
Once more, three blocks away, Scanlon
and Donohue repeated their performance of
rapping on the door and waiting, guns in
hand. There was no answer to the first
knock, or the second. Then a light flashed
on in the upper floor. A window slammed
open and a voice called out, “Who is it?”
“[’m the officer on the beat,” Scanlon
replied. “There’s been a stickup near here
and someone reported they saw the man -
run in one of these houses. Better come
down.”
“O.K., be right there,” the man replied.
The muffled sound of footsteps came from
the stairs inside, then a shuffling along the
hall as the man approached the entrance.
There was a fumbling around the latch.
The door swung open. Silhouetted against
the dim light in back stood a tall, rather
stout man.
It was Leo D. Murphy, brought to the
end of his trail at last for a murder com-
mitted seven years before!
“O.K., Murphy,” Scanlon said. “Don’t
make a move. We’ve got our guns on you.
Frisk him, Tom.”
“No weeps,” Donohue reported, after he
had performed that task. :
“All right, boys,” Murphy said heavily.
“T’m glad you got me. It’s been sheer hell
dodging from place to place all these years.
I'll waive extradition and go back and face
the music.”
On September 20, 1933, Murphy went on
trial in Long Beach. It lasted less than
two days. At the end of the second, the
defendant stood up to hear the fateful
words:
“It is the judgment of this court that you
be delivered to the warden of the state
penitentiary at San Quentin and on the
13th day of December, 1933, within the
walls of said penitentiary, said warden shall
hang you by the neck until you are dead,
and may God have mercy on your soul.”
There were several legal delays, how-
ever, until the final date of execution was
set at December 7, 1934, almost exactly
eight years after Murphy’s beautiful young
wife had drifted off into eternity following
his merciless beating. Murphy showed little
fear. He mounted the scaffold without
assistance, stood calmly while the noose was
adjusted, shook his head negatively when
asked if he had anything to say, and then
plunged through the trap to his death.
One of the most savage and ruthless slay-
ers in the crimson annals of California’s
history had paid his debt! ;
To protect innocent persons, the names
“Margaret Halliburton” and “Mr. and Mrs.
Perry Mundin” as used in this narrative
are not actual but fictitious—Eprror.
V-A-L-U-E
At a time when a dime has
Shrunk in value so that it
seems to buy nothing at all,
it still is all you need for a
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I. D.’s outstanding value has
made it the most popular and
biggest-selling detective mag-
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the April issue, on sale March
Ist!
iat 3 Sicilia tl ee Tee re
maikia Gammel
ee ee
anxious to talk.
She was “tall, brunette and of — the
statuesque type. Vaughn smiled at her.
“I thought your face was frozen,” she
gibed.
“Nope. Just hungry. I haven't eaten
since early this morning.”
The talk went on. The girl told him
her name was Bertha Callaghan, that her
husband had been out of town on business
for about a month, that he was not doing
very well financially, and that she was
just working‘in the restaurant during his
absence in order to support herself and her
baby.
Asked where her husband was, the girl
admitted she didn’t know, saying she hadn’t
heard from him since he left.
Curiosity makes up a large part of every
good detective’s character. Vaughn, who
had had years of experience as a Burns
operative and as a private sleuth, had it in
full measure. He sensed that something
was wrong between the waitress and her
husband, and he determined’ to find -out.
He purposely saw her several times
during the next few days. One night he
“dated” her for a dance. Finally, after
Vaughn had led her around to the story
of her husband on several occasions, the
girl became confidential.
“He isn't away on a business trip,” she
said. “He had to leave—suddenly.”
“Why?” Vaughn asked, making his voice
casual. “Cops after him, or something ?”
The woman looked at him sharply.
- “You're a good guesser,” she said.
“Oh, am I?
I was only kidding. That’s
too bad.”
Vaughn, all his sleuthing instincts now -
aroused, let the subject drop. But he came
back to it before the evening was over.
The girl opened her bag, extracted a paper
and handed it over to her companion.
Never before had it been so difficult for
Vaughn to maintain a “dead pan.” For
the paper was a wanted circular, And on
it was the handsome face of Leo D.
Murphy!
Vaughn had seen the circular repeatedly.
He was thoroughly familiar with the case.
-He handed the circular back.
“Good-looking man,” he said indiffer-
ently. “Friend of yours?” ~
“Rather,” she replied drily.
husband.”
“Your husband!” The detective searched
her face. “It says there that the man’s
name is Murphy.”
“That’s right. That’s his real name. He
changed it to James R. Callaghan. I
hadn’t any- idea who he really was. We'd
been married two years, and we've been
very happy. I had the child about a year
ago, and everything seemed to be going
fine. Then I came across this circular.
That’s where I made a fool of myself.
“I showed it to him,” she went on, al-
most crying. “He got terribly upset and
frightened. That very day he left—and I
haven't seen him since. I’ve been terribly—
lonesome—and that’s why I wanted to talk
to you that day in the restaurant.”
“Pm sorry,” Vaughn said, his pulses
pounding with excitement. He spent the
rest of the evening talking about the girl’s
husband, trying to learn whether she was
telling the truth when she said she didn’t
know where her husband had gone. He
finally reached the conclusion that she was.
That night he wrote a long letter to the
chief of police at Long Beach. Captain
Murphy immediately got in touch with
Chief Owen W. Kilday at San Antonio and
asked him to question the Callaghan woman.
But the latter now insisted that her hus-
band’s name was really Callaghan, that she
had never heard of anyone by the name of
Leo Murphy, that her husband was now
somewhere in the Middle West, she didn’t
know exactly where, and that anyone who
“He’s my
had told him she had a circular about a
*
* MARCH, 1942 ;
murder was simply out of his mind.
But Captan) Murphy, when this report
was made to him, was sure the woman was
now lying.
District Attorney Fitts, who deputized
Vaughn and asked him to give as much
time to the Murphy case as he possibly
could.
Vaughn went back to see the woman, to
try to square things with her and get into
her confidence once again. The proprietor
of the cafe told him she had given up her
job a few days previously. Vaughn hurried
to her home. There the landlady told him
Mrs. Callaghan had moved three days ago,
and had lett no forwarding addréss1
But the detective was not easily dis-
couraged. He felt sure that the woman
was somewhere in San Antonio, waiting
to receive word from her husband, with
whom, he had decided, she was very much
in love. With the help of the post office,
he finally located her only a few blocks
from where she had previously lived... By
pretending that he had evidently been fol-
lowed, he apparently convinced her that
the information about Murphy had not
leaked out through him.
Well satisfied that he was on the right
track, and that if he played his cards well
Murphy would soon be in his hands, Vaughn
left San Antonjo on other business, return-
ing a few days later. Once more the woman
had disappeared!
“Left with some man a week ago,” the
landlady said. a
Vaughn whipped out the photograph
which had been sent him by Captain
Murphy. _ !
“Did you ever see this man before?” he
asked.
“Why, yes,” the landlady replied, “that’s
the man who took Mrs. Callaghan away.”
ON MORE the elusive Murphy had
slipped out from under, this time when
the prospects of snaring him ‘seemed
brightest.
Patiently, Vaughn began all over again.
With the help of the post office officials, he ©
learned that Callaghan had been receiving
mail at the Gordon Printing Company in
San’ Antonio. Mr. Gordon, the owner, told
him that Callaghan had been employed by
him as a salesman, but had recently quit
his job, saying that he was leaving town.
What interested the detective more, how-.
ever, was the information he received from
one of the stenographers at the Gordon
place that Callaghan had -recently dictated
a telegram to someone in Los Angeles re-
questing that a certain sum of money be
sent. The telegram he signed “Bertha,”
the name of his apparently-latest wife. The
girl‘who tipped him off to this did not know
the exact date, but figured it was some
time during the month of March, just past.
The detective went to the main telegraph
office and obtained permission to go over
every telegram sent out of San Antonio
during that month. For almost a week he
paged over thousands of thin yellow’ sheets
looking for a message signed “Bertha,” di-
rected to someone in Los Angeles.
He found it at last. The wire was ad-
dressed to Gertrude Hindman, 905 South
Normandie Avenue.
Another wire immediately left San An-
tonio, this time signed “Vaughn” and di-
rected to “Southard, Care District Attor-
ney’s Office, . Los Angeles,” conveying to
him the information about the telegram
signed “Bertha.” ‘
Lloyd Yarrow, one of the ace men of the
Los Angeles Police Department, was sent
to interview Mrs. Hindman. _ Without re-
vealing his identity, ‘he learned that the
woman was Bertha’s sister, and that there
was another sister living in Phoenix,
Arizona.
He phoned this
address of the sister,
information, with the
He took the matter up with |
to Southard. The
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MURPHY, Leo Dwight, white, hanced San Cuentin (LA) 12-7-193h.
162 LONG BEACH BLUE BOOK
Wagner, was wounded severely by the police officers. He made his way to the
home of his parents, a short distance from the scene of the battle, and after-
ward was given medical care in a foothill city under conditions which con-
tributed to his arrest and to that of the alleged fourth member of the gang.
Louis Frank.
Sheldon, Bruneman, Wagner and Frank were tried here on assault with
intent to murder the police officers and in a verdict which amazed the court as
well as the populace they were acquitted.
Later all were convicted of kidnaping Caress. Bruneman, however, ob-
tained a new trial and won a dismissal. Gangland collected its debt from him
as he sat in a beer parlor early one morning, talking to a woman. Two men
entered. Bullets rained on him and he died the death of a gangster.
National detective magazines figured in two of the noted arrests by the
department. Lee Dan Murphy, sought for the brutal slaying of his wife, a San
Joaquin valley school teacher, in November, 1921, was at large for years untii Py
a Texas resident recognized his picture in a detective magazine. Murphy was
returned here, convicted and sentenced to hang. Sentence was imposed and
carried out in 1933. |
Harry Arra, slayer of Officer W. J. MacLean, was captured in a Wyoming
city after he was recognized by a reader of a detective magazine as the original
of a photograph of a wanted man. He attempted to escape and was wounded
and captured. Returned here, he was convicted and given a sentence of life
imprisonment. MacLean had taken him into custody as a man wanted on a
check charge. Arra broke away, ran into a hotel on First street and shor the
officer as MacLean came up a stairs in the pursuit. Arra escaped and had been
free several months when arrested.
Phil (Red) Ryan, store burglar. made a sieve out of an overcoat worn by
Officer Claude Reusch, in the harbor area in 1926, but did not wound the
officer. Reusch, however, put a bullet through the burglar’s knee and Ryan
was convicted as a mail robber in a Los Angeles case and Reusch received part
of the reward.
George “Two Gun” Davis, special officer, discovered two burglars in a k;
en
residence at Ocean Boulevard and Quito Avenue in April, 1922. They called
the ‘dead wagon” for the two intruders when Davis’ gun was empty. O
The king of the big top, Alfredo Codona, the greatest aerialist in circus
history, died from his own hand on the floor of an office in a building at Pine
Avenue and First Street. Vera Bruce, his estranged wife and fellow trouper,
was slain by his bullets before he committed suicide.
On July 31, 1928, Joe H. McClelland, on detective duty, brought about
the arrest of a man who had held up three banks here and stolen $30,000.
A box of cigars, of the same brand as the one left partly smoked by the robber
STATE OF CALIFORNIA
DEPARTMENT OF HEALTH SERVICES
OFFICE OF
STATE REGISTRAR
OF VITAL STATISTICS
This ts to certify that
this is a true copy of
the document filed in
this office. if validated
On the reverse
KENNETH Ww KIZER MD MPH
OMRECTOR
DEPARTMENT OF HEALTH SERVICES
AND STATE REGISTRAR OF VITAL STATISTICS
#
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PUBLISHED F
YFARY CLUB HAS
AMOUS VISITORS
isitors Weanesday made the Ro- |
luncheon program interesting, |
1 though the weather was the
‘Cot uner’s Inquest Brings
Facts Of Murder To Light
f inspiration for the speakers.
‘tzu Bowers introduced Bert
% who favored the Rotarians
whistling soles, accompanied |
Jury Renders Verdict of Homicide After Brief Delib-
“Gucet Deion | eration; Sullivan and Unknown Party
. Ezra Van Nuys, pastor of
cary Presbyterian church in San
icisco, who is spending his va- |
Named in Baccala Murder
‘n in the mountains, came in to |
se up” his Rotary attendance, |
essed his fellow Rotarians in.
ra
ae
“Homic: caused from
‘
a
wenn ts inflietad hw Tae Sullivar.
pred, DY Jack suluwear,
opy vein. He explained that his and party unknown.
‘yr was Dutch, his mothe: | ,
This was the verdict reached by
a coroners ory, following a brief
deliberation Saturaay morning at
a coroner's inauest on the death of
‘Stacy W. Baceala, Greenville Con-
th, they had given him a good |
ewish name and he was 4 Pres-
‘lan minister, from which his '
rers could draw their own con-
mM as to how he should he stabie ‘and D =
ified Asa Retarian he ie ac. Stao-c and Deputy Shoriff, murdis-
a oane hundred wer wane and TU Ue WO bestutts ical svasaiviu
as pg a ee Phe wader moenine
igo will! be glad when he fu! aa: TaN EER:
lis promise to address the c!:: Ten witnesses were . worn in and
formally within tne next few Questioned by District Attorney
s. »Grever C Julian betore a crowded
J. E. Chureh of the U.S. Me-
logical Service was a visitor
roumn of some 50 interested persons,
off. doctors, lawyerc, hews-
Geo. W. Sager, Sectinnal Di- parermen, and friends and relatives
’ the Weather Bureau, lo- of the deccased. All ten told of the
the southern part of the facts known tu them of the mur-
‘der
was that of Lavern Young (known
od that when planning for the heretofore as Mr. Nevins) who was
ee
o Pullman, Wash, for a meet- an eye-witness of the affair. Every
£ scienticts. he scheduled his known fact of the deed was brought
: SO as to make up his Rotary to [ght in the inquest.
dance in Minaen, Nev., gom<: . + aaa
~ . aw son Cites Greenvilie Robbery
and in Susanvitie on the re-
Bort Bergstrom, owner of a Green-
ville pool hali, “Bert's Place,” and
Hence it appeared Sager had
ed 2100 miles in keeping his
lance record perfect. The pres. victim of the two robbers, was the
of the weathe* man prompted fourth witness called to the stand
nber of stories pertaining to He submitted facts concernmeg the
amed personage. robbery.
sident Ben Lyle being absent.. At about 2) o'clock ‘Thursday
‘ortsor. opened the meetine morning a window was discovered
‘ ’ — . ere | ; : 4k :
being called away Gus Pardet broken out of the poot hath Berg-
cted the meeting. stron said The man investigated
next meeting will be at the anaq tound. amoup numerous things
all eVerung dinner dunce
20-50
Club
Kr db soal,
missing, two sivi machines, a radi,
fourteen caitens of cigarettes, anu
aicct
Clun
a rs |
Pes Pan TM acdd ebie
the order
adies being $36 taken from the cash till. Bere-
seoonot parnempauns Im tS rom immediately notified Baceala.
will lumeh as usual and con.-
ot attendance regulations.
The stolen car in which the two rob-
were traveling wns checked
Gpon and Baccala began porsuit im
the direction of Chester
hers Ss
man Service [s
To Be Discontinued
Youny Views Shoowung
wid
Bolowine Bergstrom to the st.
eas Lavern Young, eve witness ct
t ' ae a e :
i ; wed Co.: +i . ; fea:
: 7 the affair, who lives on the Hic:
ste . f . oe ’ ~.
onthern Pace Compa my ranch ne Mitford
: i tite Wweedryes char \ .
sug wh. cient
yowoths intl ‘ a
dat il vive aund ef a ctrer Aa Pla varesrye tay
regtees ik ; j
, bye : ne ) Vr Hoa Ptadise
r Ȣ t
{ 1 <
w «as thee vcpeece ; H ’ ti ‘ \¢
' :
The most important testimony |
bullet | it
Dama on
the road.
}
a
av1oss He returned
@ pacn oft the bach
of the car. He took the contents,
which is allegeded to have been
deer meet, trom the pack and also
placed it across the road) He went
on in this manner a
wan ten
Oe he we Sree rere rer’
for about 25
minutes before the shooting began
Young said.
Says Paccata rircu
One the
tne car while Baceala was coagiic: -
ing the examination. Just betore
the shooting the second man jump-
ed oot of the right side of the car.
You. . stuted be aldiet telth which
the th fired the turst shot.
He sll, tha: Baceala had
fired, as his mght acta was out-
stretched and bullets were flying m
the direction of Young, whom Ba:-
eala was facing. The cunstable e
peared wounded and rar down the
road to hide in a patch of bushes.
y
nf ee Oe as | a. . of
cab robbers VEE DEY out et
ree
however
Sellivan snd partner ran to — the
fener side uy sid Ore chlimoca
atop the fenee, the other steod in
+}.
we patch of bushes and beth, Youny
believed, shot volley after volley at
the prostrate figure of Baccala.
Following the shootiny, the
made their get-away
two
‘Yong her-
‘ried to the scene, saw that the con-
stable was dead and notified auth-
orities
Sullivan Confesses
Sullivan told Captain Lamme otf
the State Highway Patrol that 14
shot: were fired and three guns
treed th mriindar
Jahan took tae stand and told of
. ’
wih!
‘the statement of cantessins n
Suivan made to aim, which was
as follows: “Of course TP shot. the
flow after he was down, T dadias
ment ta sea hint bleed to death”
Suilivan also made this stateore it
rao othe opressqree of Deputy Raker
SPoyeept oover gead faved him I
couldn vet bis oleed toa deaths
Silliveny desertbed dae opertier as
is - Le be denede bSicry adedty Wyre is ana
Wye Mairfreld, Te 2. Tec!
‘ or ~ ; ‘
Wal Detweeny oor cubaad t uty aN
soothing Cha pies i ‘
feet tadd dbe ts. sce PoP aye Gy Ms
wind CYspesee Cc tlybicdins .
THIRTEEN CARS SOL}
DURING WEEK HE
fakuly.
Thirteen autos, the greatest mun
* LA . \e
ves ms aaa SC naease ys are see ee pets
of one week’s time for Mar
months, exchanged Fands from lox
car dealers to various purchase
this week. The total sold on tt
past seven weeks here now tutes
58.
R. T. Jenkins, of Janesville, we
the uyer of anew truck, hay Vs
Meter, the Division of Forestry. an
Mrs. Blanche Buckman, were pur
chasers of new cars . New aut:
also went to P. C. Nve, of Creser
Mills. Ur. Wilbur tm ppaosen,
Greenville, J. E. MeFiacddan and Or:
E. Haws. Other purchasers were 7
C. Woodham. of Wenwel, ALF
Rariows. of Westwood, The iWiwis.c:
of Fish and Gaine, and Til Mi
Johiuwon
wesw es we eS eR ON Sa
WS Lk ve Cre kaw ACG
“XCHANGE. BRANDS
te &
_ 4
: ri ie >
Po wit dvassenm abansit Compa:
has leased the Westwood (sarcaye
the tran raving’ coon made ses
tere Tis es Orb
Sam Aronson. general manager 0
the Mt. Lassen Transit Compan:
has assurned the additional duty o
Tmanaging the Westwood Garax:
Transi. Company.
The Mt. Lassen ‘Transit Cumpan:
is a corporation formed hy Weat-
wood townspeople, the board
directais consisting af the fallew-
ing: T. S. Walker, E. A. Ferris, I
P Gardner, Walter Lo Johns, H
Garfield Oates. Harry A. Rosen-
berry, E.G. Scammon, K. R. Walker
W. Bo Laughead, A. J. Allen anc
Sam Aronson as general Manage!
and Ear! E. ‘lazeiton as office man-
ayer.
g>
Susanville Goifers
Defert Reno Sunday
Susanville’s leading fifteen golf-
ers met their first test in’ a mast
suceesstul manner Sunday in hand-
Ini A severe trouncing to the Rene
team inoa handicap golf tournamen
there
All tear and individual seores o
the match were lost during th
course af the Gav tina’ few of the
local bovs dropped a match to ‘Mer
waprjeuais che. 2. Wy Bata fut aktal <0
Wriurtht took oll three peinte in the:
individual boresomes. Severn
others dtd likewise and the Susan.
ville team outclassed the Reno or
Wane itiem ny erery department 0”
the que
"Thi Tin) fs wet i, w!
1 Dpasboors Havana plaves
’
>
calc
PULI TSHED EVERY FRIDAY
En TO a SDB cnet OE :
193 2 oe JUL ‘ et
VOLUME 68
NU
Cs
ved
a
ville’s!
the:
@::-
it the:
itched
iu teal x
inigar
ofi.ce |
omies.
‘ wel-
of the
:
af the’
aéa Py
of the
npicte
c and
which .
p RAO
Witisul: .
taken to the Lasser
.from Sheriff
‘County.
nd
Seco
Manhunt Ends at Son-In
-Law'’s Home When Sus-
pect Confesses to Guilt; Car Found Burned
Twenty Miles From Reno
and thorough
in which all officers in the
adioining counties were interested,
the second man implicated in the
murder af Stacy W. Baceala, was
ae :
Pec iia Sh Bae eae SEU
tavee ene sae
Se
Foliowing a fone
Searen
eam oi
aRe ee Ne tee a eee es
County jail the
ne
same where Now daWalis
trial
day
The man is not the Reverend
| Fairfield, whom all thought wes ihe
allegea Jack,
accomplice of the
Sullivan.
Jac«x Sullivan is not the true name
‘of the murderer who was arrested.
—gave
fon ' shooting
se Six:
the
in Reno on the same day of
The two murderers are father and
‘son, Ear! E. Monroe, 52, father and
drank:
subject of the man hunt. and Billy
-Monrow, son, alias Jack Sullivan.
Found At Son-i.. Waw's Home
Ear! E. Monroe was arrested at
the horne of his son-in-law, Mr.
Spoon, by a Keno Deputy Sheri.
‘Tom Barrett, who had been keep- .
-ing constant watch on the place,
since a clue had been furnished him
Braden of Plumas
Upen being questioned by Nevada
otficers, Monroe stated that he had
neen ut the home two days before
the killing of Baccaia. He was
asked where his car was. He said
that he had trounle and left it about
atudes from the Susan-
Both Mr
ot
He road and = Mrs.
we
| Spoon stuck to Monroe's story. Hut)»
by clever grilling the officers final-
ly the true nature of the
ease, and got a complete confession
Leavitt, who carried
for Monroe
Wi
of
Was [Te
The
ryprrey at
ALE
Birminvham, and Nevada officers.
Every ro.
me ‘7 ti tt 1 v
ore Ye oe iy
7 )
aa- Ve
ere wee eee
meantime Monroe made his) con- i
fession amd the search tediea.
The was fuund, completely
burned with four bullet holes there -
in. One flying, bullet struck the
windshield, another hole was found
‘between the windshield and the
front door, another in the
and the fourth in the side.
Car
The two
‘missing guns were also found later
| hidden under a juniper tree. Mon-
.roe led officers to the scene.
_ Monroe was taken to the Lassen
i County jail here Friday by Sheriff
\Leavitt, Sheriff Braden, Deputy Bar-
' -44 ond various other officers. ™. -
‘trict Atwiiey Julian was called from
a District Attorney's convention at
Lake Tahoe.
Baccaia’s Gun Found
Near midnight Friday, Monrce
was grilled thorouvhly in an exam-
ination at the jail, conducted by
, Julian. His statements were taken
‘by John Crasier, court reporter. He
told the complete story of the mur-
der, which varied in many respects |
nthe one related by his son. He
fro:
stated that his son was the first to
do the shooting and seamed satis-
fied to place the burden of
crime upon the son as, he said, he
has been a criminal ever since boy-
When asked if he knew anything
about officer Baccala’s missing .38
‘eanectal revolver he stated
at the state line by Braden, :
id and trai! in the viemiity
fender |
Baeccala M
Nabbed In Reno Thursday Phat Ae
a warrant :
Pane Tom Birmingham, of the Las-
DOSS Ms
1 sebletewe se
(nei:
' watch
the |
that he!
erer
urd
=r Ge dilly a>
‘
Braden, Birmingham
Search Down Clues
For Monroe Capture
Plumas Connty’s Sherif Braden
sen County Traffic Patrel pertormed
a pieee of clever work in the man-
ner an which they traced down
et Ve aes ae
soe wand eae ae e Ge Vese
second Baceala killer, Earl E. Mon-
roe in Reno Thursday of last week. .
After participating in the unsuc-
cessful man hunt immediately fol-;
lowing the shocting on June 16.
Braden and Birmingham started at!
the bottom: of the case ir Quincy. j
There they learned that two men’
had been camping at Wolf’s Creck:!
near there, which answered to the}
description. It was learned from a!
boy who used to deliver bread to!
the two men that they were missing |
at the sane time the murder oc-
cured. “he bev altso told them that
mes were Monroe,
rrom Quincy the two officers:
journeyed to Sacramento where, at
the State Prison, they found out
that Monroe had served time and
that after being released, he moved
to Oroville. The officers continued,
hot on the trail, to Oroville, where
it was learned that Monroe's wife
hod died a short tiae ago. Then
the final step in the clue searching
|
‘Have Leas
To Adv
Forty - Five Ce
Spend More
Million Do
Ry HOVER 7.
(liited Press
Ret
staff 1
SACRAMENTO, Jun
Californiy counties
ef more than
worth.
ey
j Pres
imal
450 out of th
in the state levied taxes
pose of udvertising the
their resources, raisi
Purpuse au sand tctal
Lassen County, acco
table justi complied m t
trolier’s office, raised 4
purpose during the 12-:
California counties
finding out that it pa
tise, and have taken
a state law permitting
supervisors to levy a t
ly for exploitation pu
more than 4 cents for
property value, it was
Just what this form
ing may take is not
the law.
program. This, # wes
will assist agriculture |
was reached when the two found
out that Monroe hag a sister living
iy Reno by the name of Mrs. Spoon.
As Baceala actified Reno officers to
the Spoon home, this clue
proved to bring the father to his
immediate arrest.
Jams and Jellies
| for
General
sulted in
where thousands of ¢
jtually burning up for
| Counties may also
,enue for membershij
‘associations, booths ag
'distzict and state fairs
| chambers of commerce
iaf namnbhizte end -~
free distribution
homeseckers. .
econom'c
a smaller tot
veaetinine yp meewe
2 en
Billy took the verdict stoically, till
he heard his young wife sobbing among
the spectators. Then he launched him-.
self at deputies and newsmen, and had
to be subdued and carried screaming
from the courtroom. When he came up
for formal sentencing a week later,
Monk staged another dramatic scene.
Ranting and raving in obscene language,
he “dismissed” his defense counsel and
started to read his own rambling peti-
tion for a new trial. Overcome with
emotion, he fell in a faint, and sentence
was postponed.
On October 4th, 1960, after denying
a new trial, Judge Brandler sentenced
Billy Monk to die—twice over—in the
San Quentin gas chamber. He was also
sentenced, superfluously, to long prison
terms on the other four counts. While
deputies watched him tensely, Monk
accepted the sentence with a bitter
ironic laugh.
In appealing to the California Su-
preme Court, attorneys retained by
Monk’s family attacked the state’s Little
Lindbergh Law and the legal concept
of kidnaping for robbery. The appeal
made the far-fetched points that Alice
Miraglia had voluntarily given Monk
her $6—and that Marie Simpson had
injured herself when she jumped out of
the kidnap car.
The high court turned down Monk’s
appeal. His execution was set for Nov-
ember 21st, 1961. Governor Edmund
G. Brown, after a -special hearing at
Sacramento, said he found no reason
to extend clemency. The sands ran out
for Billy Wesley Monk much faster
than they had for his notorious prede-
cessor, the late Caryl Chessman.
Monk, in contrast to his courtroom
outbursts, had behaved himself during
his stay in Death Row. While a group
of pickets protesting capital punishment
kept a chilly vigil outside the San Quen-
tin gates, Billy spent his last night writ-
ing letters to friends and relatives,
talking with his minister, and sleeping
briefly. He had ordered a big “last sup-
per” of roast squab and sirloin steak,
but didn’t eat it.
After a breakfast of bacon and eggs
on the bleak Tuesday morning of that
November 21st, Billy Monk wrote a
final letter, and then was led to the
eight-sided, pale green death chamber.
He smiled wanly at Warden Fred R.
Dickson, shook hands and wished him
“good morning.” He didn’t look at the
20 grim-faced - spectators.
Quietly, the doomed man submitted ©
to being strapped in the death chair.
The steel door clanged. At 10:03 a.m.,
the cyanide pellets dropped into the
vat of acid under the chair. Billy’s head
jerked back, then he slumped forward
against the straps. At 10:12 the prison
doctor pronounced him dead.
That was the end of Billy Monk. The
law was satisfied. But the innocent wo-.
men victims of the sex_terrorist will
bear the psychological scars of their
nightmare experiences for the rest of
their lives. *
Editor’s Note: The names Helen Town-
send, Marie Simpson and Alice Miraglia
are fictitious. :
TWIST GIRL SLAIN IN LOVER’S LANE
(Continued from page 11)
‘there and take him over to Richmond to
look at the body.” He gave them an ad-
dress on 17th Street in San Pablo.
When Trawick and Walsh arrived it
was apparent that the retired father had
not heard the news of the unidentified
teenage corpse found in El! Sobrante.
They didn’t mention it, either, as they
drove him to the morgue.
The elderly gentleman looked down
at the body on the slab and his eyes
filled with tears, and he haltingly told
the officers the corpse was that of his
daughter Jean Marie. He next stammer-
ed out that he had been taking care of
Jean Marie Schumann’s two-year-old
son, that his daughter had been married
when she was only 15 to a man of 57
who had later died of a heart attack. The
girl had then come to live with him. He
said she was a very pretty, gay, viva-
cious girl who was popular and attended
many parties and dances.
On Monday at 5 P.M., he continued,
Jean Marie had left home, saying she
was going to visit a brother who had a
store in San Pablo. She had never ar-
rived there. ;
She had driven off in her 1950, green
Ford sedan. That was the last time he
had seen her.
Asked if Marie had any particular
boy friends, the grieving father shook
his head and said he didn’t know, but
believed she did as she went out a lot.
However, he added, she never spoke to
him about her personal affairs. He said
Jean Marie’s girl friends probably could
answer the question. He then gave the
officers the names of his daughter’s two
_closest chums.
50
Trawick and Walsh then phoned in
what they had learned, and Sheriff
Young dispatched them to interview the
girls named by the victim’s father. The
sheriff then broadcast throughout Con-
tra Costa and neighboring counties the
license plate number and a description
of Jean Marie’s Ford.
Lisa Klaun, a 17 year old high school
girl, who had been a close friend of
the slain mother, was interviewed by
Trawick and Walsh. Lisa had spoken
to Jean Marie on the telephone on
Monday morning.
“She told me she was going to a
dance at the Alameda Naval Air Base
that night,” said the girl. “She liked
sailors. She went out with them a lot.”
“Do you know the names of any
sailors that Jean went out with?” asked
Walsh.
Lisa Klaun knew three such names
which she gave to the investigators.
The officers thanked the girl for her
cooperation, jumped into their car and
headed for the Alameda Base on the
eastern shore of San Francisco Bay.
Trawick and Walsh stated their busi-
ness to the commandant at the base
and shortly afterwards were interview-
ing the three sailors mentioned by Lisa
Klaun. One of them, Samuel Batters,
became indignant when Jean Marie’s
name was mentioned.
“Know her?” he snapped. “Of
course I know her and I wish I didn’t
I’m mad at her. She had a date with
me on Tuesday night and she stood
me up. I hung around for an hour. I’m
through with her. No dame’s going to
make a fool out of me.”
Trawick explained quietly just why
Jean Marie had not kept her date.
Batters was immediately contrite.
“Good Lord,” he said. “I didn’t know.
The poor kid.”
“geant Walsh set out
His two companions seemed equally
shocked at the news. However, when
questioned all three admitted that they
had known the dead girl, that, on oc-
casion, all of them had dated her. But
they also admitted that they had been
off the base on the night of the mur-
der; each stoutly maintained that he
had not seen Jean Marie on that oc-
casion. ;
HE investigators were inclined to
believe the men. “But,” explained
Captain Trawick, “this is a murder case
and we’re bound to check every angle —
thoroughly. So I’m going to ask you —
men to undergo a lie detector test. If.
you agree, I can make the necessary ar-
rangements immediately.”
The sailors agreed. With the com-
mandant’s permission they were taken
to Stockton where they submitted to a ©
polygraph examination. After several
hours of tests, the Ynachine’s operator
announced that the sailors had told
the truth, and they were completely
absolved from any connection with
the murder of Jean Marie.
On the following morning, Thurs-
day, the police of Alameda communi-
cated with Sheriff Young, reporting
that Jean Marie’s 1950 Ford had been
found parked on Grand Avenue in \
their city. Captain Trawick and Ser-
promptly for
Alameda to impound the vehicle.
They examined the car carefully. —
They found no bloodstains or any —
other item of significance. An idea -:
came into Captain Trawick’s mind. ©,
“Joe,” he said to Walsh, “if the car
was left here, presumably, the girl was
here also. Maybe someone saw her.
Let’s canvass the block and ask ques- — -
tions. You take this side of the street.” "4
I'll take the other.” eet
- HEADQUARTERS DETECTIVE
foostTourrg use
‘o semouy fq S¥OTHUNY FTO EMOYO TYNTWIMO CTL
»
to 240 Celebrated Criminal Cases of America
a
Om | |
@% THE CRIMINAL CAREER OF CHARLES MORTI-
MER—A REMARKABLE CASE OF CIRCUM-
STANTIAL EVIDENCE.
Charles J. Flinn, alias Charles ~ Mortimer, was born in
New Hampshire in 1834, and moved to Sacramento, Cale
1861. He gained the reputation of being an honest and in-
dustrious man, but evil companions influenced him from
the path of rectitude, and he finally became one of the most
notorious criminals in the State of California. —
He began with a series of petty offenses, but in 1862
he was sent to State Prison from San Francisco for one
year for robbing Conrad Phiester of $800.
In 1864 he entered the room of Charles L. Wiggin, on
Geary street, in San Francisco, and after chloroforming
him, stole money and jeweiry valued at $1500.
While in jail, Mortimer professed to tepent, and as an
evidence of good faith, he volunteered to accompany Special
Officer Rose into Santa Clara County where he claimed he
had buried Wiggin’s property, and return it to its rightful
owner. Rose accompanied him, and when they reached a
: desolate spot, Mortimer observed a place on the ground
which had the appearance of having recently been disturbed,
and he informed Rose that that was the spot where the
property was buried.
roosTouRIg ure
The officer foolishly knelt down and started to examine
the ground, and Mortimer took advantage of his position
and kicked him on the head. Before the officer could re-
cover, the prisoner secured his pistol and continued to beat
the prostrate man about the head until he thought he was
dead, and then made his escape. .
eg “H sowmer su,
‘synad
fed
ATL
In 1865 a prisoner was brought to San Francisco- from
© Trinity County, en route to State's Prison, to serve a seven-
‘year term for robbery.
“OT6T *°00
jo utsydeg
Officer Rose had recovered in the meantime, and when
the prisoner was brought. into the station he Tecognized him
Celebrated Cases on Pacific Coast 241
as Mortimer and would have shot the prisoner, if he had not
' been overpowered by brother officers.
Mortimer was liberated in 1872, and he then became the
3 consort of a woman named Carrie Spencer, whom he met
in a dance hall. He was never prosecuted for the assault on
Rose, as that person had in the meantime left San Francisco
for parts unknown.
In May, 1872, a woman named Caroline Prenel, an inmate
and a man named Henry Beck was arrested for the murder
and indicted by the grand jury. In a subsequent confession
made in Sacramento, Carrie Spencer stated that Mortimer
committed the crime, and to substantiate her confession she
handed some of the murdered woman’s jewelry to the authori-
ties which Mortimer had given to her. Beck was promptly
exonerated but Mortimer was never tried for the crime, for
at the time the Spencer woman made her conzession, Morti-
mer was under investigation for the murder of a woman in
Sacramento.
known as Mrs.
considerable no-
to the railroad
to appropriate
In 1851, a Mrs. Mary Shaw, commonly
~ Gibson, arrived in Sacramento, and gained
toriety because of her strenuous opposition
company when it was alleged that they sought
her property for railroad purposes.
#4 gibty als
ty at Bes RE
She conducted a saloon in Sacramento which was fre-
quented by people of ill repute and also Indians. About 7
a. m., Septernber 20, 1872, a man named Chris Weiderholt
was passing her saloon, when a man who frequented her place
called to him and said that although the doors of the resort
were all open. he could not find the proprietress.
. Officer Wentworth was notified and in the woman’s bed-
room her body was found with her head lying in a pool of
blood, caused from a deep knife wound in her neck which
severed the jugular vein. She was fully dressed and appear-
ances indicated that she made a desperate battie for her life.
In her death grasp she seized a bunch of reddish brown hair,
evidently from the beard of her assassin. A glass partially
filled with beer was also found in the room. Upon the arrival
we
of a den on Waverly Place in San Francisco, was strangied-
CLOT “St few fv¥o ‘foquemezone pesusy faqytum ‘setzeuy SIrgwTTwow
er:
ive
3, SECREST-—=
; was widely
‘r but kept a
ted officers.
September
iarge of the
keep order at
ts and rigged
the day.
work cut out
wus disorders,
ae himself, as
eported. “A
or was trying
ithe name of
cratic candi-
eclaring that
2n, happened
d denied the
peated it and
say what he
ied, and the
vith his face
ljersheriff for
id made fre-
e prison at
s. They were
» March 1867
, unexpected
vo convicted
1a Saturday
vait for the
1 Monday, he
. to take his
he prison on
Vharf at eight
ieaded north
ag tides and
ome distance
r skipper was
’ knew north
his oars, the
and barely
ig with Alca-
irrents were
h the Golden
Ocean.
delighted at
tched closely
had to watch
ig their hand-
wim for their
man became
d with their
x hours bat-
aged to put
shore of the
True West
Len Ha
ris Is
Dead”
Golden Gate. When some fisherman
told them they could cross over when
the tide changed, the exhausted mari-
ners made the hard pull back to the city
and wound up taking the Monday boat
after all.
His many trips to San Quentin over
the years paid off after Len lost his
deputy’s star when Sheriff Lansing was
voted out of office. He obtained a posi-
tion as turnkey at the prison, but baby-
sitting a lot of thieves and thugs grated
on Len’s nerves. After a dispute with
Captain R.C. Gilchrist of the guard, the
warden suspended Len from duty. Gov-
ernor Haight reinstated him in late July
1871, but he decided to apply for a posi-
tion on the Sacramento police force at
the first opportunity. He was soon back
on the streets of the capital as a detec-
tive of the Sacramento city police.
wears We
In September 1872 Harris recognized
Charles Mortimer on the street. Mor-
timer had been in San Quentin while
Harris was there, and he well knew the
man’s terrible history. A native of
Massachusetts, Mortimer came to Cali-
fornia in 1858 already a hardened
criminal. He served a prison term for
grand larceny in 1862-63, then after
various desperate escapades was
shipped “‘over the bay”’ again for seven
years in 1865. He was well known to of-
ficers for attempting to murder a police
officer who was recovering some stolen
loot. Captain Gilchrist of the San Quen-
tin guard once recalled that ‘Mortimer
was known even to the convicts as a bad
man.”
Harris pointed Mortimer out to his
partner, officer Nick Dole, and they
determined to keep an eye on him. Just
Sacramento in the 1860s when Len Harris was a deputy sheriff there.
December 1992
after midnight on September 20, the
lawmen ran into Mortimer on Second
Street and he asked them to take a drink
with him. The ex-convict was scruffy
looking with his face bloodied and badly
scratched. When they asked what hap-
pened, Mortimer replied he had been
bested in a fight in Mose Drew's saloon.
The officers also noted Mortimer’s fat
purse, remembering that he had been
broke the day before. The badman was
quite drunk and Harris escorted him to
his room, where he was living with
Carrie Spencer, a notorious thief and
prostitute.
When Harris checked in at the station
house that morning he first learned of
the murder of Mary Gibson, who ran a
saloon on the outskirts of town. Along
with Dole and deputy sheriff E.B.
Willis, Harris investigated the murder
Sacramento State Library
27
a
The railroad station at Alameda where Len Harris was brought both times afte
site. The saloon and grocery store had
been thoroughly looted. Later they
viewed the body of the victim at the
morgue. In the woman’s left hand was
a clump of reddish brown hair—appar-
ently torn from the face of her attacker.
Harris and Dole looked at each other as
they remembered Mortimer’s condition
earlier that morning. They picked up the
ex-convict and questioned him closely in
his cell. Of course he had alibis for the
time of the murder, but could not verify
them. More importantly, he was clean-
shaven, but had worn his usual full
beard when Harris had taken him home
the previous night. His face had been
obviously mutilated.
Taking Mortimer to view the dead
woman, Harris questioned him cau-
tiously. “Charley, do you know that
woman?” he asked.
“Why, that is the woman who lived
on Jibboom street,’ replied Mortimer.
“Do you know her?” continued the
officer.
“Not very well. I have seen her.”
Raising the corpse’s left hand, Har-
ris alluded to the wad of whiskers
clutched in the stiffened fingers. “This
is what tells the story, Charlie.”
“What is that?” queried Mortimer.
28
‘“‘That’s your whiskers.”
“Oh my God," gasped the suspect.
“Len, don’t say that. That’s not my
whiskers. So help me God it ain’t.”’
Harris and other officers quickly built
up an airtight case. Clothes found in
Mortimer’s room were identified as
belonging to Mary Gibson, while wit-
nesses placed him at the murder site.
Mortimer was further damned the fol-
lowing month when his mistress, Carrie,
identified him as the killer of a San
Francisco prostitute the previous May.
Feigning insanity, Mortimer was
hanged at Sacramento on May 15, 1873.
Mortimer had no sooner been exe-
cuted than Harris and Dole were hauled
up on a series of charges before the
police commissoners. Both officers had
neglected to inform Chief Matthew
Karcher of Mortimer’s presence in town.
Harris had also taken a stolen watch
from Mortimer without reporting it and
Carrie Spencer accused him of being in-
volved in.the Gibson murder and rob-
bery and keeping some of the loot.
Thieves often tried such a ploy to direct
attention from themselves and all but
one of the charges were disproved. After
a series of hearings both officers were
found guilty of not reporting Morti-
o <*.) apa
California State Library
r he was wounded by train robbers.
mer’s presence to their chief and were
suspended from duty for one month.
Railroads and express companie
long utilized the services
detectives when needed, by the late
1860s lawbreakers were becoming more
than a mere nuisance. The Central
Pacific Railroad hired Fred Burke as a
full-time detective in 1868. Len had
known Burke, a former Sacramento
police chief, for many years. Train rob-
bery was still in its infancy, but boxcar
thieves, con men, embezzlers, and gam-
blers kept Burke so busy that in a few
years he was authorized to hire assis-
tance. When Burke offered him a posi-
tion as a railroad detective, Len jumped
at the chance.
Working with local authorities when-
ever possible, Len was quickly involved
in his new job. His work took him all
over the Far West, wherever the tracks
of the Central Pacific plunged through
the wilderness. A Nevada dispatch to
the San Francisco Bulletin in late 1874
hinted at one aspect of the detective’s
work. It said, “Slim Jim and one of his
pals were arrested at Battle Mountain
on Saturday, at the instigation of Har-
ris, one of the railroad detectives.”
“Slim Jim’ Bruce and Jim Brady
True West
¢7 “¥F
were just two of
monte sharks w!
trains cheating p
were shown to :
mixed up and pu
made that the p
the selected car:
the game while
him, the games
Len Harris took
for their prelim:
In early 187
Fargo detective
Steve Venard, :
arresting two st
California. The
outlaws unawa!
have erupted. O
George Wilson
leased from pri:
was a notorious
from San Quer
Black Jack B
on occasion, |
burglarizing W
press offices. J:
of escapes fron
in 1855, When !
press office, he
County jail aw
trip to prison.
sidered one of
jails, Jack ne
open his cell d:
his way to fre
wall. In late F«
captured Bow
Reno, and Jac
San Quentin !
But Len’s c
volve capturin
bloodshed ha:
San Joaquin \
settlers alon;
Railroad in 1
disputing the
exorbitant fe«
they had loc:
couraged sett!
between ‘$2.5
the settlers h
perous farms
railroad apr
$35.00 per ac:
Slough cou:
secured legal
bied hard to g¢
roll back pric
The railroad \
When a Unit:
proceeded w
1880, aclash
wheatfield n:
died in the tr:
of the settle
terms for im
December 199
242 Celebrated Criminal Cases of America
of a female relative of the deceased it was ascertained that a
pocket in her dress had been tom out and $500.00 extracted
therefrom. es :
About 2 a. m. on the morning of the murder Officer —
Harris met Charles Mortimer. He had a bundle in his pos-
session and his clothes were torn and blood was on his face.
Harris interrogated him as to the cause of his condition and -
when Mortimer stated that he had been beaten by a couple
of men, the officer accompanied him to his room at the Me-
chanics Exchange. When the officer learned of this murder
he repaired to Mortimer’s room, and although he was absent
Carrie Spencer was in, and she was taken into custody. En
Toute to the station the officer met Mortimer, and although
he wore a reddish-brown beard when he met him at 2 a. a
Mortimer was now clean shaven.
One of the employees of the hotel stated that he noticed
Mortimer just before he went to the barber shop, and his
face appeared as though some<one had zouiled-out a bunch
of his whiskers. Several dresses belonging to the murdered
woman were found in Mortimer’s room.
It was proved that Mortimer and the Spencer woman
were drinking in Mrs. Shaw-Gibson’s saloon on the day of
the murder, and a ring found in Mortimer’s possession at
the time of his arrest was identified by Henry Jefferson as
the property of the murdered woman. —
_ Dr. J. F. Rudolph, a chemist, analyzed the contents of the
beer glass found near Mrs. Shaw-Gibson’s body and found
strychnine present. et
On October 10, 1872, the preliminary examination began.
in the Police Court and Mortimer was held to answer Beers
the District Court, where his. trial began on March 12, 1873.
At this trial Carrie. Spencer testified thar on the morning of
the murder Mortimer returned to their room, woke her up
and showed her a bundie of clothes and some jewelry and
about $360.00. She asked him where he got it and he replied
| that it came from the piace where they were drinking that -
afternoon, and that he “croaked the old woman so that she
could not squeal.” |
Celebrated Cases on Pacific Coast 243
paper which were all written upon, and she stated that one
_day previous to the trial she visited Mortimer at his cell and
he handed her this paper, and ordered her to commit its
contents to memory and testify accordingly, or he would cut
her throat from ear to ear.
On March 15, the case was submitted to the jury, and
after deliberating thirty-five minutes they returned a verdict
of guilty. On March 29, Mortimer was sentenced to be
hanged on May 16. pte
On April 16, at 1:30 a. m., Deputy Sheriff Manuel Cross
was on guard at the jail where Mortimer was awaiting exe-
cution. He heard the bell ringing at the gate, and taking his
~ revolver in his hand, proceeded to ascertain the cause of a
visit from any one at this unusual hour. When he was pass-
». . ing through the yard and was within ten feet of the gate he
° saw a man standing perfectly still. This men was without
hat or shoes, his coat was turned inside out, aad his face was
partially masked. Upon drawing nearer the officer observed
that the man had a pistol pointed directly at him.
>} Bad . 3 - 2
> Notwithstanding his disadvantage, Cross suddenly raised
ae his pistol and fired twice, one bullet passing through this mys-
a terious man’s chest and the other through his mouth—both
fatal wounds. Although fatally wounded the man ran into the
jail and directly to Mortimer’s cell, and fell dead in front of
it without uttering a word. :
The jailor then identified the remains as those of a man
: who had called previously, giving the name oi Williams, and
fA inquiring as to Mortime+’s welfare. Papers in his possession,
however, indicated that his right name was W. M. Flinn, it
being recalled that Flinn was Mortimer’s right name.
The next day Mortimer was escorted to Wick & Clark’s
undertaking parlors to view the body. He instantly recog-
nized the remains as those of his 23-year-old brother, whom"
he had not seen for sixteen years, but he identified him
through photographs recently received. The dead man bore
an excellent reputation in the East, but risked his life to
prevent any member of the family from dying on the gallows.
Ne rs So ADEE ERE eae ——— niece
7
The Spencer woman then. produced several sheets of
Captain Owen D. Murphy (center)
examines the sinister weapons of
death while Detectives A. H. Smith
and Malcolm Kirkpatrick look on
knew at a glance that the man they were
talking to was not he.
“Where did he go?” asked Donohue,
fearing that Murphy by some intuitive
prompting might have feared detection
und moved on just in time to give them
the slip.
“Moved down the street. Took his
wife and baby. They’re living in Mrs.
Dickinson’s place.”
“Just where is this place?” asked Sean-
lon, breathing easier at the thought that
perhaps they were not too late after all.
“Down the street—the number is 7410
Race Street,” answered Johnson as oblig-
ingly as could be expected under the cir-
cumstances, “Now, if you gentlemen will
permit me, I’d like to go back to bed.”
The detectives knew that the man be-
fore them was not Murphy, but they
didn’t know but what Murphy might be
hiding in the house somewhere at. that
very moment. With Johnson’s permission
they searched the building. | Murphy
wasn’t there.
The officers were more cautious than ever |
as they started down the street. They
were keved to a point of tenseness when
they stopped in front of another two-
story brick house. It might well have
been the same one they had just left so
far as appearance was concerned. Thev
paused at the foot of the steps to the
front porch to make sure they were at
the right location. Dawn was just break-
ing and they could make out the num-
bers 7410 on the brick wall beside the
door.
He bnget mounted the porch almost stealth-
ily. Scanlon hammered on the door. The
sound of the knocking was the only thing
to break the silence. Inside the house all
was quiet. Scanlon pounded again, Was
there no one in the puilding? Had they
been sent on a wild goose chase? The
officers wondered.
A third time the detective knocked. He
and Donohue shifted uneasily from one
foot to the other. What seemed like min-
utes passed; it probably was only seconds:
then came the sound of someone coming
to the door. Scanlon and Donohue
glanced at each other, took up positions
at either side of the doorway.
The door swung open. The form of a
man was revealed. It was the form of
a large man, a_ trifle portly, a full. six
feet in height. Jt was the man for whom
the police the county over had been
searching for seven years. It was Leo D.
Murphy.
“Take it easy, Murphy: we’ve got you
covered,” said Donohue softly. He could
see he was not armed.
“All right, boys. I guess you’ye got me.
Let’s go.” The picture of defeat, the ruth-
less killer—when it came to a defenseless
woman—made no move to resist.
Detective Scanlon slipped a pair of
handcuffs on the outstretched wrists. Thev
headed back to Headquarters. A short
True Detective Mysteries
time later Murphy was booked at the Al-
loghany County Jail He was questioned
by Licutenant Frank C. Ferris and Detoc-
tive Sergeant Samuel BE. Wheeler.
“DIL go back and face the music,” he
agreed. “This strain of being hunted, of
being afraid of everybody and everything
has nearly driven me crazy. I was get-
ting so I couldn’t stand it any more. I’m
glad that it’s all over and IT ¢an go back
and square things up.”
“Square things up!” That remark
sounded like a hollow mockery to the de-
tectives, °
Word of the capture was flashed back to
Phoenix. Southard and Collyer returned
to Les Angeles. Extradition papers were
secured at once. Detectives Harry Sher-
man and Perey Collyer of the District
Attorney’s office left for Pittsburgh.
While he was speeding East, Pittsburgh
officers headed by Inspector of Detectives
Frank R. Boyd again questioned Murphy.
“ ALL right, Murphy, we're ready to hear
your story,” Boyd began. “What do
you know about the murder of your wife,
and where have you been for the last seven
9”
years?
District Attorney Buron Fitts, Los
Angeles County, California
“T don’t know what happened,” Murphy
replied. “I didn’t mean to hurt Cor-
nelia. Honest I didn’t. Whatever she
said before she died probably was truc.
I can’t remember,
“T’d been drinking that night; it affected
my mind like it always does. You sec
I've been subject to spells ever since ]
was hit in the head after the World War.
It happened in a machine shop. I still
have the scar on my forehead.” He
pointed to the V-shaped scar over his eye,
As though it were a burden off his mind,
Murphy told the story of what had hap-
pened since that night of November 30th,
1926, in Long Beach, Californian.
Fearing detection, he had wandered
from coast to coast, never content to stay
in one location. Two years after the mu-
der he passed through Long Beach with-
out being recognized. Once he was jailed
as a vagrant, and when he was released the
desk sergeant told him he looked “mighty
like a fellow named Murphy wanted for
murdering his wife out in California.”
How was that for a close shave!
Murphy had specialized in newspaper
advertising work since 1926 and had
worked himself into several responsible
positions.
Twice in the seven years he had mar-
ried. Under the name of Daniel Callag-
han he had wed Helen Melntyre of Yuma,
Arizona. She became the mother of two
of his children. Then he took her to Visil
her parents on a farm near Kansas City.
Missouri, and there abandoned her. In
July, 1931, he married his present wife,
‘Bertha Bell. They met in Phoenix. but
were married in Rockville, Maryland. By
her he became the father of a son.
Detectives Collyer and Sherman ar-
rived in Pittsburgh on July 18th and
started back with Murphy. Investigator
Southard and I flew by plane to El Paso.
Texas, where we joined Collyer and Sher-
man and their prisoner on July 22nd. The
rest of the story was told to us by Mur-
phy in the drawing room of the train as
li sped towards Los Angeles.
He said he didn’t remember anything
that happened the night of the murder.
He didn’t remember beating his bride.
It was hours after the battle that he re-
covered from his stupor, he said. The next
morning he returned to the apartment to
find Cornelia had been taken away and to
learn the police were looking for him.
Then followed his flight with Mildred
Menrill. He told of leaving her in San
Diego, of abandoning his car in El Centro.
and of hitch-hiking to Arizona. From
there he went to Kansas, Nebraska, Wash-
ington, Oregon, and then back to Cal-
ifornia. In the years which followed he
worked in Washington, D. C., Denver,
Chicago, Columbus, Ohio, Memphis, San
Antonio and a dozen other places.
His most unusual exploit occurred in
one of the Western states. Despite the
fact that his photograph and description
were in the files, Murphy became friendly
with men in the Sheriff’s office. When
election time rolled around, he was so
firmly established in the good graces of
the community that the Sheriff hired him
as his publicity manager. Murphy’s glib
tongue and sales ability put the’ Sheriff
back in office!
A torch concluded hix story as we
neared Los Angeles. We booked him
at the County Jail, and the following day I
appeared before the Grand Jury and pre-
sented the evidence which resulted in the
issuance of a murder indictment.
A loyal wife and mother, Bertha Cal-
laghan set out from Pittsburgh, and with
her baby in arms hitch-hiked across the
continent to be at the side of her accused
mate. She arrived in Los Angeles and
tried desperately to arrange a defense
fund. She had little success.
On September 20th, 1933, began the
shortest murder trial in the history of the
Detective Edward V. Scanlon, of the
Pittsburgh, Pa., Police Department
count
Mur
trial
reseni
lery ]
Depu
ton a
cision
stands
undisp
were t
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shall.’
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senten:
many,
and dé
sibility
Theref.
court t
to be m
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Gove
F. Mer
succeed:
in the .
ther to
courts.
Murp!
the mur
in Fres)
to be fa
Resign
into dea
played |
his execi
final hoi
in front
jenna
K
nt
county. Just a day and a half after
Murphy entered a_plea of not guilty, the
trial was ended. The defendant was rep-
resented by Deputy Public Defender El-
lery E. Cuff. The case was prosecuted by
Deputy District Attorneys William Bray-
ton and Clarence Hunt. With the de-
cision resting solely in his hands, the
Superior Judge who heard the case with-
out a jury, took the evidence under ad-
visement. The following day he an-
nounced his verdict.
“By authority vested in me by the State
of California 1 hearby pronounce the de-
fendant guilty of murder in the first de-
gree.”
Five days later Murphy stood, head
bowed before the court and heard his own
words hurled back at him. The Court
spoke.
“Mr, Murphy, I have already found you
guilty of murder in the first degree. There
is one matter I did not mention. It
stands unimpeached, uncontradicted and
undisputed, and it js as follows: while you
were torturing your bride of thirteen days
you stood over her prostrate form and
hurled at her this gruesome statement, ‘I
don’t know whether I want to kill you or
aot I don’t believe I do, but I think I
shall.
“Nothing can remain but to pronounce
sentence upon you and this I do after
many, many hours of most serious thought
and deliberation of the very full respon-
sibility that I am to bear in so doing.
Therefore, it is the judgment of _ this
court that you be delivered to the War-
den of the State Penitentiary at San Quen-
tin and on the 138th day of December,
1933, within the walls of said peniten-
tiary, said Warden shall hang you by the
neck until you are dead, and may God
have mercy on your soul.”
But Murphy did not hang on December
13th. His wife appealed to the author-
ities and friends petitioned Governor
James Rolph, Jr., for a stay of execution.
Tt was granted, and an investigation was
to be made to determine the exact mental
condition of the condemned man.
Governor Rolph died suddenly. Frank
F. Merriam, then Lieutenant Governor,
sueceeded him. He granted several delays
in the execution, but finally refused fur-
ther to interfere with the decision of the
courts.
Murphy’s drunken boast the night of
the murder that he once had killed a girl
in Fresno was proven by police records
to be false.
Resigned to his fate, Murphy was moved
into death row at San Quentin. He dis-
played little emotion, even on the eve of
his execution on December 7th, 1934. The
final hour approached. A guard stopped
in front of his cell.
True Detective Mystertes
“All right, Murphy, it’s time.”
“Just a minute, please,” the condemned
man pleaded. “I’m writing to one who
tried to help me. May I finish it?”
The guard waited. Murphy finished the
letter, addressed it to Dave Wier, pub-
lisher of the Solano Republican at Fair-
field, California.
“Pm ready now.” He handed the guard
the letter.
It read:
Dear Dave:
Thanks for all you and those T knew
in Fairfield and Suisun have done in
trying to help bring out the truth
in my case. That we have failed
is no fault of ours. The only failure
lies in not doing our level best. This
we have done and there should be no
regrets.
T thank God that while I was still
here it was at last proved by medical
authorities that I had always been
subject to lapses of memory and in-
sanity. No stigma can therefore be
attached to my family by the manner
of my death, That is all T have really
been fighting for. Death itself is only
a stepping stone to another better life.
My mother and father are there wait-
ing for me. .
‘And so we reach the end of the
troubled road. God _alone..knows the
answer to our problems. He at least
is just and I am not afraid.
Thanks again to all.
L. D. Murphy
The condemned man walked unaided
through the little door at the end of
death row, climbed the thirteen steps to
the scaffold. A moment later a black
hood was dropped in place, a noose pulled.
snug. There was a second of silence.
body hurtled through space. Leo D.
Murphy had paid his debt to society.
Was the death verdict just? The doomed
man in his letter stated: “J thank God
that while I was still here it was at last
proved by medical authorities that I had
always been subject to lapses of memory
and insanity.”
If this be true, then we are faced with
the fact of a man who forgot he was in-
flicting intense agony on a defenseless wo-
man, beating her to death, but at the
same time did not forget to run away,
later showing a remarkable intelligence
and ingenuity in hiding from the law for
seven years. If he was innocent in. his
own conscience, then there is much that
is yet to be explained in his actions imme-
diately after the crime and during those
seven years.
True Derectrive’s $100 reward on Mur-
phy was paid to Investigator Jack Vaughn.
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AFTER THE WEDDING VOWS?
“4 ae ‘ : 7 t Macs fe ee hyd UF ~ :
ims Kink + %, Bnd bia >: Va
: et paneer “ vet eS 8?
LL THOS! GATHERED in the First) Presbyterian
wedding dress, by the flush of excitement in her cheeks and
by the glistening light of love which shone from her eyes as.
she regarded the prospective life partner at her side.
The man was older, about 39 or 40, but with the face and
figure and the sophisticated, worldly-wise look of the more
mature movie heroes. He had a well-formed face, high fore-
head, wide-set eyes, a pleasant mouth and the kind of dark,
curly hair which nearly all women admit they love to run
their hand through.
The service began, accompanied by a background of soft
music. Tremulously the girl answered “I do” to the usual
question. The man repeated after the minister:
“T, Leo Daniel Murphy, take thee, Cornelia, to be my wedded
wife, to have and to hold. from this day forward, to love and
cherish—till death do us part.”
The ceremony finished, the couple turned, to respond to the
congratulations and good wishes heaped on them.by relatives
and friends who were present.
“Oh, I know we'll be so happy!” the girl exclaimed semi-
hysterically to her best friend who rushed up to her side. “Leo’s
such a fine person, so kind and so considerate. I’m sure we're
going to have a grand life together.”
* * *
Just thirteen days later, in the early morning of November
30, 1926, Mrs. Clara Seymour, asleep in her apartment at
Long Beach, the best known resort on the Pacific Coast, was
awakened by a scratching sound at her front door. It sounded |
like a cat or some other small animal.
Mrs. Seymour listened for a moment, and then turned
around to go to sleep again. But another sound brought her
to an immediate alertness. It was a whimpering kind of sob.
This was succeeded by
a series of groans, then
again by that curious
scratching.
Completely awake
now, but somewhat
frightened, Mrs. Sev-
mour put on a dressing
gown and bedroom slip-
pers and went to the
door.
* + . .
AER
MURPHY, Leo Dwight, hanged San Quentin (Los Angeles) on Dece Tp 19 de
“Who's there?” she called, a quavering note in her voice.
£ Church at Iresno, California, on that lovely morning “It's me... The—the girl in the next apartment. Oh--
4. of November 17, agreed that the two people about to please let me in—I[’m .
: be married made a handsome couple. The voice trailed off to that same pathetic whimper, like
My The girl, 25-year-old Cornelia Buttles, could have posed — that of a wounded animal in a trap.
t for a symbol of Beauty. Her well-molded and aristocratic. Cautiously, Mrs. Seymour opened the door a few inches.
4 features, her finely-spun hair, her trim, gently-curving figure = Then, with a gasp, she pulled it back all the way, gaping.
; were set off to even greater advantage by her flowing white —dumfounded, at the incredible figure on the floor.
It.may have been the pretty little girl who had just moved
in. Mrs, Seymour couldn't tell, because the face she saw was
covered, as if with a mask. by coagulated blood, purplish
welts and black and blue bruises. The silk nightgown, hang-
ing down from one shoulder, disclosed the girl’s bosom, whose
creamy whiteness was accentuated by livid marks and reddish
swellings. The girl’s hair was matted with crimson and her
lower jaw hung loosely.
As the door opened the girl crawled inside the room on
her hands arid knees, sobbing with agony at each movement,
Mrs. Seymour bent over her.
“What happened?” she cried.
“Hurt—dying,” the girl whispered.
Welch ... Tell her—my husband—he beat me .
Welch ?
“Who shall I say it is?” Mrs. Seymour asked breathlessly.
“Tell her—Cornelia—Mrs. Leo Murphy,” the girl gasped.
The girl’s father stood by her hospital bed less than 24
hours later. He had hurried to Long Beach from Fresno on
the telephone call of Mrs. Welch, a friend of the ‘family. He
gazed heartbroken at his daughter. He was still too stunned
and bewildered to realize fully that this was the same glori-
“Phone Mrs. Ann
.. Tell Mrs.
ously happy girl he had watched, just a few days before, as
she promised to love, honor and obey her handsome husband.
“We were in bed,” the girl whispered, the words barely
coherent through the braces which held her broken jaws. “Leo
had been—been drinking all afternoon and—and he had been
so nasty to me... And then in the morning—the early morn-
ing—he reached over and dragged me out of bed and beat
me over the face with a—a belt buckle . . . And then he
kicked me—kicked me all over—stomach, back, head. Then
he—he hit me on the head with a—a bottle. He told me he
had once killed a girl in Fresno and that he didn’t know
whether to kill me or not. Oh, it was so awful—and I know
I’m going to die.”
The last word was barely. audible. ‘The father’s teeth
clenched as a surge of bitter rage went through him at the
man who had done all this. He wanted to ask just one more
question—where the brutal fiend was—but the nurse insisted
that the patient was too weak and that he would have to
leave.
But Cornelia would not have been able to answer, even
INSIDE DETECTIVE, March, 19,2.
ih,
‘TWO OF THE WEAPONS used in the brutal
beating of the helpless bride. were the metal- |
buckled belt and the bottle. shown at right.
&
4]
NOLAND. Murder. Rewards:
es, $25; True Derecrive
100. Age, 29; height, 5 feet
eight, 132 pounds; eyes, blue;
teeth, good; complexion,
d, medium small; occupation,
rn, Missouri; residence, Bar-
homa. Began serving life term
klahoma State Penitentiary.
32, sub-prison, Atoka County,
cated, arrest, hold and wire
E. Brown, Oklahoma State
McAlester, Oklahoma.
.C. (7) & Ra 13
17 R= 13
ALPH SHORT. Attempt to Murder.
Rewards: Authorities, $25; Trur Dr-
TECTIVE Mysteries, $100. Age, 33; height,
5 feet 5 inches; weight, 130 pounds; hair,
brown; eyes, blue; complexion, medium
light; build, small; front upper tooth out;
occupation, cook. Short was received at
Utah State Prison on March 28th, 1929, and
made his escape from there on November
17th, 1930, while serving as a trusty. Jf lo-
cated, arrest, hold and wire collect, Warden
k. E. Davis, Utah State Prison, Salt Lake
City, Utah.
F.P.c. 1 R IO
1 R Ill 14
EE DANIEL MURPHY, alias Leo Dan
Murphy, alias Robert Howard. Murder.
Reward: True Detective Mysteries, $100.
Age, about 40; height, 5 feet 8 to 10 inches;
weight, 200 to 225 pounds; hair, black;
eyes, brown; complexion, dark; scars: V-
shaped scar over one eye; scar over other
eye. Is pleasant and has appearance of
always smiling. Wanted for murder of
wife 1-6-27. May land in some jail on
drunk charge under an alias. Notify Chief
of Police, Long Beach, California.
FP.P:-C. 21 I 17
1 R OO
Ve HENRY. Murder and Bank
Robbery. Rewards: True Derecrive
Mysterizs, $100. Age, 31: height 5 feet 6
inches; weight 175; eyes, dark brown; hair,
dark brown; complexion, medium; build,
medium. Fugitive with four others held
up bank in Michigan; while escaping they
shot and killed deputy-sheriff on May 24,
1932. Use every precaution in making his
arrest; dangerous. If located, arrest, hold
and wire Commissioner Oscar G. Olander,
State Department of Public Safety, Lan-
sing, Michigan.
F.P.C. 1 U Ill 16
1 U OI 13
———— os =
ema ene
24
and both his foreman and fellow
employes attested to this fact.
“Well,” Wisner said, “that lets
him out. What’ll we do now, Pete?”
“While we’re out here,” Starasinic
suggested, “‘let’s ride out to the mur-
der scene and see if somebody in
that neighborhood can’t remember -
something they didn’t tell
and the others.” ‘
Wisner agreed to the idea, and
they drove along Winton Avenue,
questioning everyone they met. They
had no success, however, until they
Adams
- had gone several miles past the mur-
der scene and reached the small
community of Russell City.
There they talked with the opera-
tor of a service station who asserted
that a local couple named Morres
claimed to have witnessed the kill-
ing.
“They witnessed it?” Starasinic
exclaimed. “Then why didn’t they
report it?” ;
The man didn’t know. “You'd
better talk to them,” he said, and
pointed out their house.
A few minutes later, Mr. and Mrs.
Marvin Morres were telling their
story.
“Yes, we saw it happen,” the
woman: said, “but we didn’t think it
was anything serious. The people
in the car were laughing and shout-
ing, and we thought they were
drunk.”
She and her husband then related
how they had stopped on Winton
Avenue to gather walnuts from un~-
der the trees along the roadside. It
was about 1:30 or 2 o’clock. Pres-
ently a_ black Packard sedan or
limousine rolled to a stop .behind
them. A man got out, dragging an-
other man behind him.
As his victim lay helpless near the
ditch, the first man brought his arm
down toward the other’s head, as one
points a gun when taking deliberate
aim. Tha
“But you see,” Morres explained,
“we didn’t hear the shot. There’s
a landing field out there, you know,
and with all the planes taking off
and landing, it’s no wonder we
didn’t hear the shot. But this eve-
ning, when we heard there’d been
a murder right at that same spot—
well, of course, we understood then ;
what it was we’d seen happening.”
“Go on,” Starasinic said.
-Morres said there were two
young women in the car. Or rather,
one was inside and the other, a
pretty girl with flaming red hair,
was standing on the running board.
After the man left his victim and
returned to the car, the redhead got,
behind the steering wheel and the
man sat in back with the other girl,
who was a blonde and not very
pretty:
County Detective Peter J. Starasinic
(now Chief Criminal Deputy) piled up”
evidence against the lethal joyriders.
Chief Criminal Deputy H. L. Adams,
standing, and County Detective George
Wisner discuss the baffling mystery.
Sheriff H. P. Gleason ‘was one of the
first officers to reach scene of the crime,
and helped penetrate the mystery.
yes the car passed them, they
heard the man talking in a
loud, boastful voice, which was
punctuated by the shrill laughter
of one of the girls.
“I wanted to go back there and
see if the man they had left behind
was hurt,” Morres explained, “but
my ‘wife thought it was just a
drunken fight and didn’t want me to
get mixed up in ate’
So, he added, they had finished
gathering their walnuts, and a few
moments later they had driven home.
“Can you describe the man who
had the gun?” Starasinic inquired.
“I think we can assume he had a
gun, even though you didn’t see it
and didn’t hear the report.”
“Well, he was kind of short, blond,
and had on a: leather jacket,” the
witness recalled. “J didn’t pay too
much attention to any of them, but
I happened to get a good look at the,
redhead. She was acute little thing,
with curly red hair:and a nice fig-
ure. I think she was wearing a
green jacket.”
“And the blonde?” Wisner asked.
“Well, she stayed in the car, so I
only know she was a plain-looking
woman and somewhat larg-
er than the redhead.”
Mrs. Morres could add but
little to this. She had been
so anxious to avoid trouble
that she had scarcely looked
at the group she assumed
was intoxicated. However.
she had seen the killer dur-
ing the instant he brought
his outstretched arm point-
ing down at the victim’s
head, although it hadn’t oc-
_curred to her then that his
(Continued on page 54)
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1 the door, they saw a young man re-
, placing the receiver.
| “Wasn’t anyone on the line,” he
| said irritably.
He stopped, his eyes wide with
. fright as he spotted the shields which
Eggleston. and Hunsaker displayed
as they advanced. Then, he turned
and made a break for the rear door.
He never reached it. The agile
Eggleston leaped forward, grabbed
him by the coat-tail, and swung him
around,
“Tf you want to
get what you gave
Hines,” he snapped,
“you just make
| a move like that again.”
HE TWO officers conducted Han-
sen alone to headquarters, booked
him, and had him .immediately taken
’ to jail, They deemed it best to permit
him to remain there for a few hours
to- think things over. Then, they
again faced Rooney.
They found that young man near
complete collapse from sheer fright.
The moment he saw them his seeth-
ing, pent-up emotions spilled over.
‘IT hadn’t anything to do with it,”
he sobbed, repeating, parrotlike, the
same pfotestation again.and again.
“We know you didn’t,” Eggleston
answered, as soon as he could get a
word in. ‘We knew it all along.”
It took several moments for this
simple announcement to force its way
through the youth’s hysteria and into
his consciousness.
“You—knew—it!” he gasped at last.
“Sure we did,”
“But that—that guy fingering me
and—and that Luke May thing—and
——and-—- —- —’” He stopped helplessly.
“All a plan,” Eggleston assured him.
“We got a tip that you might know
who did the Hines job, but that you
said that you’d never squeal. .He
told you it might be better to squawk
than burn, and we felt that, if we put
you to the test, you’d think so, too.
And we were right. That pawn-
broker got a good look at you in the
office here, and we told him about the
tattoo mark, which one of the screws
noticed when you were taking a bath.”
“But that—that letter from— — —”
“From Luke May? That was only
the first letter. In a later one, he
said that gun we found in your place
wasn’t the one used on Hines. We
didn’t show you that letter!”
The still-bewildered prisoner was
led back to jail, to be replaced by
Hansen. -
‘Don’t
start Eggleston
lying,”
bluffed, “because for the past three ar
hand held a gun aimed at the driver.
According to the best estimate of
the couple, the Packard had stopped
about 300 feet behind them before the
slain, ;
Their own car was parked well off
the road, and apparently the trio
‘hadn’t noticed them under the trees
‘gathering walnuts..
. Satisfied that the couple had told
all they knew, the two detectives
hurried back to Oakland. As they
drove, Starasinic remarked, “What a
screwy case! Have you ever heard
‘the young killer answered.
helpless driver was dragged out and
four days we’ve had a dozen people
who live near Hines take a look at
you, and they’ve all fingered you as
one of the men running away from
the Hines place just after he was shot.
Now, if you want to tell us the story
and tell it straight, you may save your
neck. We’re not making any promises.
If you don’t want to make a state-
ment, it’s all the same with us. We’ve
got more than enough to convict you.
It’s up to you.”
Young Hansen, qupvering with
nervousness, sat staring at the floor.
Then, in a voice hardly audible, he
mumbled, “I killed him,” following it
up with the usual, “I didn’t mean to,
I swear I didn’t.”
“Then why’d you do it?” Hunsaker
.came back. .
“Because when I told him to put
his hands up, he said, ‘Like hell I
will!’ and he grabbed a pop bottle and
hit me a glancing blow on the head
with it. I took it from him and conked
him with it, and then he ran toward a
drawer in the back. I thought he was
after a gun, so I—I let him have it.
I didn’t mean to kill him, only wanted
to—frighten him.”
The grim recital stopped as the
youth broke down and cried. When
he was able to talk coherently, the
officers had him make a statement to
a stenographer and sign and swear to
it. Then, they inquired about Tice.
“I don’t know where he is for sure,”
“He and
I went to several places together af-
ter—after I—after we stuck up the
old man’s place, and he told me he
was going to Long Beach, California,
to see some woman he knew there.”
The officer: put in a long distance
call to the California resort.
HREE days later, Grant Tice was
arrested as he entered the wo-
man’s home.. Refusing to come back
to Salt Lake voluntarily, he was re-
turned by extradition. On the trip
to Utah, his belligerence evaporated,
and he admitted his part in the Hines
slaying, which substantially corrobo-
rated the story Hansen had told.
On May 4, 1932, Tice and Hansen
were sentenced by Judge Wolfe to
imprisonment for life in the Utah
State Penitentiary. An empty brass
cylinder and a bluff had been suffi-
client for a smart detective to solve
an apparently unsolvable murder!
Note: The names Freling Hunter,
Ted Rooney, Arthur Hoover, and Mrs.
Ellen C. Forrester are fictitious.
RECKLESS REDHEAD
(Continued from page 24)
of anything quite like it, George?”
“It sounds fantastic, all right,”
Wisner replied, “but I’m convinced
Morres and his wife told us the
truth.”
“Sure, they did. They described the
Packard and everything. Well, we
have eye-witnesses now, and that’s a
break.” k
Sheriff Gleason was amazed when
he heard their report.
“A deliberate murder in broad day-
light, and in front of witnesses,” he
said. “It’s hard to believe. Will the
witnesses be able to identify the trio
nae
q “There’s
“Yes,
for that
S0t a po
girl,” &
“It stil
Deputy ;
the moti
One of t}
“ee . oO wi
It migh;
t at, or n
for the’ miss
Ours Pa:
any repo
the th Port
Se TN
S
mos
5
x
A
At last,” th
taxi driver hac
“Sure,” the
John drive off.
Man and two ;
Was a Pretty r;
nae fad over
NE with Lucia.
take th “
Would make thi
bound for
nder ,
escribed ae
rather small m:;
and wore a leat
be t}
Same age
head was small
wore a green
matching gre
had a brown ¢co-
trio had been
undo Obse
ing, />tedly the fin
“Good work,”
no doubt \
ane, and
ime. trying to t
« : race
is Prediction was
aS
g Hunter,
: and Mrs.
“TOUS.
errr res
DHEAD
1ge 24)
asia
t, George?”
all right,
n convince
told us the
scribed the
- Well, we
“and that’s a
smazed when
in broad day-
vitnesses, e
ape wt
é
- of murderers if they see them again?”
“Yes, they saw them well enough:
for that,” Starasinic replied. “Morres
got a good ‘look at the red-headed
girl. 2
“Tt still doesn’t make sense,” Chief
Deputy Adams declared. “What -was
the motive? Was it trouble caused by ~
one of the girls?” ‘ a
“No way of telling,”. Wisner said.
“It might have been something’ like
that, or maybe they just wanted the
car, although that’s not likely.” .-
“It has me stumped,” Starasinic ad-.
mitted. “We’ll probably never know’
why Lucia was killed until we catch,
the killer and the girls. Apparently, ©
- the redhead was in on it, though we °
can only guess about the other one.”
The description of the limousine
had already been broadcast, and now:
the information concerning the trio
was put out over the police radio and:
teletype.
Officers in San Francisco,
Berkeley,
and other
highway patrol intensified the search
for the missing automobile.
Hours passed; however, without
any report of either the Packard or
the three suspects. |
_In the meantime, back in San Fran- -
cisco, Condon and Ayres were contin- -
uing their search for witnesses who
might have observed Lucia when he
drove away from the Ferry Building.
At last, they struck pay-dirt. A’
taxi driver had gone off duty, and they.
obtained his home address from the
cab. company. They learned that he
had gone out. for the evening, but
finally they located him in a restau-
rant. ;
“Sure,” the cab driver said, “I saw
John drive off. He had three fares, a
man and two girls. One of the girls
was a pretty redhead.” ‘
He had overheard the trio bargain- -
ing with Lucia, whom they wanted to
take them- to Oakland. He said .he°
would make the trip for ten dollars,
and they agreed to the price. The
cab driver saw Lucia drive off with
them, bound for the Bay Bridge. .
Under questioning, the cab driver
described the suspect as being a
rather small man who -was hatless
and wore a leather jacket. He ap-
pees to be the redhead’s sweet-
eart.
She was a girl in her early twen-~
ties, he estimated, while her compan-
ion, a blonde, might have been the
same age or slightly older. The red-
head was small and pert, and she
wore a green jacket and carried a
matching green handbag. The blonde
had a brown coat and hat.
Ayres and Condon rushed back to
Oakland with this information. They
were surprised to learn that the same
trio had been observed’in what was
undoubtedly the final act of the slay-.
ing.
“Good work,” the sheriff said.
“There’s no doubt we’re on the right
track now. The only trouble is that
' they’ll probably abandon the Pack-
ard, and then we may have a tough
time. trying to trace them.”
His prediction was borne out early
‘ the following morning when an Oak-
land patrolman came upon the aban-
' doned
Avenue and East Fifteenth Street.
limousine at Twenty-third
Three plainclothes officers, Paul
Potts, Marcus Nelson,’ and ic eee
Nunemann hurriedly canvassed the
neighborhood for some sign of the
killer and his women companions.
‘They talked to the proprietor of a
liquor. store, who said he had seen a-~
_ ‘making’: inquiries ‘along:
neighboring ©
communities were alerted, and -the’
man and two girls leave the Packard
there around 9 o’clock: the previous da
evening: *::
“One of the girls had red hair,” he’)
« said.. “The man. was. .wearing’a_
leather ‘jacket. They ran the car up |.
on the curb, jumped out;
toward’ Sixteenth Street.” ‘
’.The officers went_in. that direction,
\ the way.
Finally, on East Twenty-first Street,
they met a man who said he had seen |.
the trio enter a rooming howse in that, |
block. BY:
oe
house, the. owner came
out and ‘started to..run down ‘the:
street. They called out to her, -and:
she stopped. ane Ste Mi aes
“What is it?” she asked. “I’m in\'a
terriblethurryy) iy) er hoo sce el sat
“Are you. the rooming © house
owner??? Nunemann asked. *' .
K s THEY “were! about to enter the
““Yes, but if you want a room’ you'll i
have to come back ‘later. I’m going to. |:
look for a policeman—something.,
awful has happened! Where can ,I |
‘find one?” :
They identified themsélves: as of-
ficers. and asked. what the trouble
was. She burst into tears... 9\ >
“Oh, thank: God!” she -cried.: “I’m
so scared, I don’t know what ‘I’m
. doing.’ There’s a murderer up there.
.in,one of my rooms—a man and his
‘girl friend. They’re friends of my
daughter, and she just told. me. she
vo the man’kill a cab driver yester-.
ay!” - +e Lia eet Mites ,
“Does your daughter have. red
hair?” Nelson asked quickly.
“No, that’s her friend, Sally Mixon.
My daughter is Mrs. Lucille Eyre. -I
don’t know the man’s name. Lucille
was riding with them out near Hay-
ward yesterday, and suddenly’ the
man, Sally’s boy friend, pulled out a
gun and shot the driver. Then he and
Sally told her that they would kill
rig Pups, if she ever breathed .a. word:
of it.’
She said the couple had entered
one of her rooms and were asleep
when she arrived home from work,
around '1:30 or 2 in the morning.
Lucille was waiting up for her. She
was almost hysterical with fear. The.|.
ot the truth out of:
woman finally
her, but Lucille begged her not to tell
the police. °
-“He’ll kill us both
asserted. :
“I didn’t know what to do,” she
continued, “but I was just going out
to look for a policeman when I met
you.”
“Just point out the room where this
fellow is sleeping,” Nunemann said,
“and leave the rest to. us.”
They went upstairs, where the
woman’s.-frightened daughter, blond
Lucille Eyre, was waiting. They
pointed out the door of the bedroom.
After sending her and her daughter
out, in case there should be shooting,
the officers threw open the door and
enteréd. 4 é
A red-haired girl ‘started up and
demanded to know what they wanted.
She occupied the bed, while a man
lay sleeping on a cot.
“Never mind,’ Nunemann
“get up and get dressed.”
She obeyed, protesting at the in-
trusion.
They searched under the sleeping
man’s pillow, then awakened him.
They ignored his questions and com-
manded him to dress. When he had
his clothes on, they handcuffed him.
\“You’re making a mistake,” he as-
if. you do,” she
said,
» and headed’ |
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46
serted. “I ain’t done nothing wrong.”
But he had nothing to say when,
after searching elsewhere in vain,
Nelson found a .32-caliber Colt auto-
matic in the girl’s green handbag.
At police headquarters, the man
gave his name as’ Djory Nagle and
said he was a merchant seaman.
Sally Mixon, his sweetheart, said she
worked as a waitress with Lucille
Eyre and shared an apartment with
her in San Francisco.
Refusing to answer questions, both
accused the police of trying to
“frame” them with a gun they had
never seen before. They were turned
over to Sheriff Gleason, who booked
them on suspicion of murder. :
The rooming house owner and her
daughter both made voluntary state-
ments, which were taken down by a
shorthend reporter. :
Lucilie Eyre’s statement was as
follows:
She and Sally
Nagle from San Francisco around
noon the previous day, after hiring
Lucia to drive them to Oakland.
They stopped at a barroom in Oak-
land for drinks. Then they decided to
drive out to Hayward and visit Sally’s:
mother.
After arriving in Hayward, how-
ever, Nagle directed Lucia to turn off
on Winton Avenue. When they were
about a mile from the town, he drew
a gun and without warning or prov-
ocation, he fired two shots into the
driver’s side. He then shut off the,
ignition, brought the car to a stop,
and pulled the wounded man out and
dragged him across the road.
“He was still alive,” Lucille said,
“so Nagle shot him in the head.. Then
he came back-to the car, laughing,
and said he always shot them in the
head because he didn’t like to let
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She said she was horrified, but she
was afraid to inform the police be-
cause both Nagle and. Sally threat-
ened to kill her if she did. Her
mother got the truth from her, how-
ever.
HIS statement of Lucille Eyre’s
left the motive for the crime as
much in doubt as ever. The witness
insisted that Nagle had murdered the
man for no other reason than that he
had an impulse to shoot him.
“He likes to kill people,” she as-
serted. . - 3 ‘
When the newspapers got hold of
the story, Nagle became widely
ey as the notorious “thrill
iller.” .
Still not convinced that Lucille ha
- told all she knew, Sheriff Gleason and
District Attorney Ralph Hoyt ques-
tioned Sally Mixon. She finally broke
down and made a confession when.
she realized.the futility of remaining
silent. Her story was substantially
the same as Lucille’s, except for some
extremely important additions.
According to Sally, it was Lucille
herself who had supplied the motive
for the murder, by suggeette that
they hold up a barroom that was run
by “two old men.” Lucille also sug-
gested the idea of taking Lucia’s l-
-mousine. The crime was plotted in the
’ Oakland tavern while Lucia patiently
waited for the unholy trio to finish
their drinks.
Sally said it was Nagle’s idea to kill
the chauffeur as well as to rob him of
his car, but she admitted’ that both
she and Lucille had fallen in with the
plan.
The cold-blooded slaying of the in-
offensive and likable driver had fol-
lowed. Sally, too, said Nagle had
laughed and boasted, “I always shoot
them in the head.”
Some of the. victim’s blood had
spattered on his shirt, and in order to
have an explanation for this, he sent
Sally to buy some razor blades. Then,
in another barroom, he deliberately
slashed his wrist, broke a glass and
then called the bartender’s attention
to the alleged fact that he had cut
himself on the glass.
The cut was a bad one, so they
drove to Highland Hospital, where
Nagle received emergency treatment.
hen he was arrested, Nagle had
tried to explain his bloodstained shirt ©
with the story he had prepared, but
the officers had suspected he was ly-
ing, They were sure of it when bal-
listics tests proved the gun taken
from Sally’s handbag to be the mur-
der weapon.. .
Sally explained that the slaying
had left them too unnerved to go
through with the holdup, and that
they had finally gone to Lucille’s
mother’s house to spend the night.
Lucille. Eyre was arrested, and all
three of the suspects were charged
with the murder. All pleaded not
guuty.
It was the officers’ belief that they
had planned to kill Lucia from the
moment they hired him to take them
to Oakland. They suspected that the
unfortunate limousine driver was
marked for death-as soon as he agreed
to make the trip, simply because they
wanted his car for their planned
holdup of the Oakland tavern. :
The three defendants were brought
to trial in the Alameda County -
perior Court. On February 16, 1944,
all were found guilty of murder in
the first degree. The jury recom-
mended leniency for the two
women, however. Since no recom-
mendation was made in Nagle’s case,
he was condemned to pay for the
callous slaying with his own life.
‘After sentencing, Sally Mixon and
Lucille Eyre entered the Prison for
Women at Tehachapi, while Djory
Nagle was committed to death row
at San Quentin, pews the outcome
of his automatic appeal to the State
Supreme Court.
In due- time, his appeal from the
death penalty was denied, and March
2, 1945, was set as the date of execu-
tion:
The months passed. Then, eight
days before he was to die, Nagle led
a desperate attempt to break out of
prison. F
E HAD fashioned a bed spring
into a crude dagger. He hoped to
kill one or more of the unarmed
guards in the death house, overpower
or kill an armed guard elsewhere in
the prison, and use the official’s gun
to shoot his way out. '
It was a futile plan, but a con-
. demned man has nothing to lose
when he thus stakes his life in the
bid -for freedom. So, when Nagle
whispered his plan to two other con-
’demned men while all three were at-
tending religious services, they
agreed to join him in the desperate
enterprise.
On ‘of the pair, Alfredo Cavazos,
was due to enter the gas chamber on
the following day; the other, a slayer
from Los Angeles named Kelso, had
no hope that his appeal, which was
then pending, would be upheld.
A few minutes later, they struck.
The chaplain left the room and a
guard came in to conduct them back
to their cells. As he turned his back
ee an instant, they all leaped upon
_ But the guard turned just.in time
to avoid the first vicious thrust of
Nagle’s improvised dagger. He yelled
for help. They bore him to the floor,
a stabbing him furiously in the
neck and face but failing to strike a
fatal blow. Despite a broken leg and
other serious injuries, the guard put
up such a desperate struggle that
their plan was upset.
_Two other guards came running to
aid him, They quickly overpowered
Nagle and Kelso, but Cavazos escaped
into the corridor and ran to the ele-
vator that would take him out of the
death house. : -
A gun guard on the cat walk. above
commanded him to halt. He kept on
going, so the guard shot him. He died
that night, after undergoing an emer-
gency operation.
On March 2, as scheduled, Djory
Nagle walked the dreaded “last mile”
to his doom. When he was strapped
into a chair and left to breathe the
lethal cyanide fumes, the infamous
“thrill killer” earned the dubious dis-
tinction of becoming the third con-
demned man to die in the first triple
execution in the history of California
prisons.
Kelso, the remaining plotter in the
attempted break, subsequently — fol-
lowed him to the gas chamber.
Sally Mixon and Lucille Eyre are
today serving life terms at Tehachapi
‘for their complicity in one of the
most wanton murders on record.
‘Note: The names Lester French
and Marvin Morres are fictitious in
‘order to. prevent embarrassment to |
innocent persons.
ward
Man.
tae
Siac.
Struck agi
te cae
ea an
bridge nez
It had
quiet, ruth
the dice-g
Previous
Jumpy trio.
HORTL
July ni;
of railroad ,
flashlight h
steadily ove
of bushes Ww
wooden brid
Satisfied \
turned off hi
back through
Stretch of Nic
running from
isolated ravin
It Was a ]
eet shitt r
€ being j;
buddies ee
forward to, B,
thieves who a)
88s in the yj,
didn’t have to
to a quick Sto;
On, raised jt ,
pearching are
blacknesg along
ment near the
bridge
ment he had
S
Scrambling up
south e
bridge,
d ga
Over the teeta '
Kinn
stant,
» drew his se,
his flashlig}
kness. Thre;
called
owly forward. :
ere was a ;
a quic
the hip pocket
Ki Get your hand out,
| ingly
; But it wa
ad
Ip a Taising his
The ra
bing pi
—
The RRC tomer
*
land, she soon acquired a good title to valuable Jibboom Street property, where she finally
owned three large buildings, After her husband's death, she lived and claimed marriage with
John Gibson,-a steamboatman, believed 60 be yet living, but who has not lived with her for a
long time. When the Railroad Company were laying their tracks on Frost St., and anxious to
condemn all her property, Mrs, Gibson fought against.them until the police interfered, when
she appealed to the civil courts, but after long and expensive litigation, she was beaten of
course. Within the last few years, she sold out.to the company for $10,000.and received about
$3,000 for a lot at 0 and Second Sts. from Judge Crockepm, To avoid taxation, she was in the
habit of entrusting her money to friends, and with her death the knowledge of the whereabouts
of the large sumes of money she owned, has lapsed to all except the trustees, She kept a con-
siferable sum.about her person, She has two.sisters and a brother heres..." BEE, Sacramento,
9-20-1872 (3=2&3.) et
. CAPTURE ‘
"..ethe BEE, in recommending the appointment of Len.Harris on the new police force said,
in March last, as one. reason, that he was in possession of valubable books, giving the des-
cription and historg of nearly every criminal in the State, . These very books have now been
the means of discovering the murderer, Two weeks ago a man arrived here, whom Harris had rea-
son to believe to be a dangerous criminal, and upon reference to his Vadd mecum, he found
him thus described therein: 'Arrived at State Prison, Mar, 15, 1865, Foster, Geo., alias
‘Mortimer, second terms same as Charles Mortimer, a native of Vermont, sentenced for gaand
larceny, to seven: years from Siskiyou County; @l-years-old, a tailor, 5 feet 6 inches tall,
florid complexion, blue eyes, auburn hair, full face, high forehead, scar over left eye,
two flesh moles on left cheekbone, scar on right temple, American coat. of arms incomplete on
‘right arm, three hearts pierced with arrows on same, sailor kedge, etc, etc, on left arm
Ce Elinn and ( J. F, indistinct on left arm, stout build,"...In answer to a notice published
by the police, Charles Bergman, barber No, & K Street, opposite the Grand Hotel, presented
himself at police headouarters, and, being shown Mortimer, recognized him instantly: as a man
whose beard he had shave off yesterday about 10 o'clock, Mortimer had come into his shop at
that time, taken the first seat, said he had got drunk the night previous and beaten and that
he wanted his beard shaven, - The boy John H, Malleis, cut the beard off and lathered him,
He noticed that on his right. cheek the beard was shorter and thinner than on the left, and
that his cheek was scratched,.,...Part of the beard taken from the murdered woman. s hand was
shown the boy who at once recognized the sameness of colore between it and that he had cut,
eehis 'Moll' was arrested in the forenoon, and disclosed that she and he were at Mrs, Gib-
son's Thursday afternoon drinking, that she left early in the evening, leaving Mortimer
there, that he came to their rooms at 9 o'clock at night, arranged his dress, left, and did
not return until early: Friday morning....'" BEE, Sacramento, 9-21-1872 (3-2&3.)
: LIFE AND EXECUTION .
Charles Mortimer, alias Charles F, Flinn, born in 183) in a Vermont village. ls 39 years
old (at time of death), ‘arents moved to Boston when he was an infant, and from there to
Salem, Mass, Ran away from home at an early age and with other young rogues .s tole a boat
and lived as water thieves. Arrived at San Francisco in 1858, then being 2l-years-old,
That year moved to Sacramento where he was known as a deadbeat, occasionally working for a
. tailor but generally bumming around in the saloons and gambling, Joned a band of robbers
led by Thomas Bell which had headquarters at Jack Phillips' Mountaineer Home on the Folsom
Hoad, three miles from Auburn, Was believed to have been the actual killer of a peddler
named Rosenbaum on the banks of Rose Spring near Phillips' place, but never confessed to
it. Gangs in the earea being broken up and in 1861 he returned to San Francisco, Was
arrested:a number of times and put in city jail on minor charges, In the Spring of 1862, on
Dupont St., robbed Conrad Pfeister of $980 and was caught. Sent to San Quentin in March,
1862, for one year for grand larceny. Served full term, emerging in Spring of 1863, Went
again to Sacramento and he and mistress, Nellie Branna, sentenced to 30 days in Sacramento
County Jail on 11-31-1863 for disturbing peace, After release, returned to San Francisco,
committing various thefts and spending small amounts of time in jail, In Auguts, 186)
(17th), he and another, after casing place for several days, entered pawnbroker's store of
Harris H. Myers at 632 Commercial St., between Montgomery and Kearney Stse, in San Francis-
co, Mortimer knocked clerk Henry Myers senseless with slung shot and he and partner robbed
the store of $1,000 in gold coin and $5,000 in valuables and walked calmly out. He then
went south to Belmont, Was not suspected of Myers robbery, but on 9-19-186) was arrested
in Belmont for robbery of Chas. L, Wiggins of San Francisco by entering his room in the
night and chloroforming him, Told arresting officer, George Rose, that if he would take
him to Santa Clara he would return the plunder, At seven that evening they started towards
(
ee eR ee: ER Te eee OO sides
' 46 CALIFORNIA 11)
MORTIMER, Charles S., white, 39, hanged at Sacramento, calif., on 5/15/1873.
"A man commonly known as Uncle Jeff, who has been in the habit of daily going to the
grocery store of Mrs, Mary Shaw sid Mary Gibson as she is usually called), went there
this morning, as.usual, about 7 o'clock, He was surprised to find that, contraby,to cus-
tom, the store had not yet been open, and being unable to waken her, he concluded she was
not in; so went around to the police station to ask if she had been locked up, as there
are charges.pending against her in the Police Court of having sold liouor to Indians, He
told the circumstances to Officer Wentworth, who was in charge of the jail, and Officer
Chamberlin coming in at the time to relieve him, he, deeming her absence suspicious,
went with Jeff to the house, They entered the house, inside of which it was yet auite
dark, and looked without finding Mrs. Gibson and called her without receiving any ansyere
The officer then descend ed to the buskes in the bed of the, slough, beneath and in the
rear of the house to search, and Jeff returned to the front door and hailed Chris, Holt,
who was passing, Holt, being apprased pf the trouble, entered the house, and lighting a
candle, proceeded to carefully examine the rooms, Upon opening the door of a bedroom on
4 the south side of the building, being the bedroom in the rear of the one usuallly occue-
pied by herself, and the third room from the street, he discovered. the missing woman, ly=
ing in an east and west position near the wall, just opposite the door, with her head
: terribly mitilated, ina pool of blood, the left side of her neck terribly cut, severing
the jugular vein, and her legs betel a little bed, and drawn up. She was of course
dead, and Officer, Wentworth, returning from his searching, and learning of the discoverys
immediately proceeded to Chief. Rarcher's house and informed him of the, facts, and they in
returning informed the Coroner, who immediately had the dead body removed to Conbole &
Cos. undertaking rooms, where it now lies, The inquest upon it will not be made until
tomorrow morning, Chief Karcher. took possession of the premises and immediately secured
the same against all intrusion, The house wherein the murder was done is an old one-stor
_frame house, supported about 15 feet above ths lough, immediately in the rear of the Wa-
ter Works building, by scantlings, and fronts in Jibboom St.,: and is, ah every sense of
the word, a rookery where such a crime is quite possible, The whole front was occupied
_- aS a grocery store and low saloon. A hall from the store to the rear then divided the
. remaining part of the house into - on the south side, three bedrooms, and on the north |
side - first, a sitting room; then a hall, leading from the hall down the center toa —
side door; and next a kitchen, In the middle of the three southern bedrooms are two smal
and filthy beds. along the opposite walls,, running, norfSh and sbuth, As nearly as can be
judged from her position when found, Mrs, Gibson had been sitting on the western bed
when her murderer struck her a blow, probably with a tumbler, the broken and bloody frag-
ments of which were found on the floor, The blow must have stunned her, for there are no
evidences whatever in the room of the least struggle, Falling then, or being thrown on
the floor, her throat was cut, evidently with a dull knife, and the blood pouring out
- dripped through the poor Floor into a pool on the ground 15. feet below, Upon the opposit
bed were several sticks of cheap candy, of the same kind as was on sale in the store, and
besides the broken tumbler, another small water tumbler, nearly filled with stale beer,
1 was found on a little shelf running on the wall above and between the beds, Some of the
policemenkwere at first of the opinion that the house had been ransacked; but they are so
‘ completely filled with every imaginable variety of rubbish and old wood, in the most fil-
thy confusion, that it is possibly their chronic condition and not the result of an over=
turning by the murderer,..!States Indians originally suspected until discovery"! that
in the clenched left hand of. the murdered woman, was discovered a good hand full of soft,
rather curly, reddish-brown beard, evidently torn in the moment of death from her nurder-
er's face, while her right hand is doubled to strike, She was dressed in her ordinary
daily apparel, but when, she lay dead on the floor, the skirts of her clothing were pulled
viciously from the waists, and a cotton bag in which she carried gold under he clothes
was pulled out, turned anside out and the contents stolen, An additional evidence that
the rooms had not been searckhéd is that in Mrs. Gibson’ s own bedroom, which is between
the one wherein she was killed and the store, a bag in which were just 20 dollars in half
dollar pieces, was found on top of her bureau in plain sight, Mrs, Mary Shaw, or Gibson,
is one of the oldest residents of the city, having come here in the early days from New
UVrleans with her husband, John Shaw. They then lived in Sutter's Addition, on the other
side of the slough, upon land held by them as squatters, In 1852, her husband, a fisher-
man, was drowned in the Slough, off the Chinese gardens The woman, though ignorant had
a wonderful faculty of acouisition, and buying, upon opportunity, the Sutter title to her
Harvey Mortier.
Harvoy Mortier was hanged at Ukiah, Cal...
on Oct. 14, for the murderof Richard Mac-
person on March 25, 1880, on the ranch of
Nels Offer, about a milo and a half south of
Noyo, in Big River township, Cal. Tho cause
which led tathe murder was tho disappear-
ance, from a neighbor’s place, of a wedge-
axe, and which the murdered man had said
was stolen by young Mortier. This comingto
the ears of Frank Mortier, father of Harvey
{according to the boy’s story as told under
oath at the coroner’s inquest on the body of
his victim), the father armed tho boy witb a
Winchester rifle and mado him hunt up and
Slay his traducer. Immedfately on coming
up to Macpherson an anary dispute took
Place between them relative to the wedgo-
iixe, Mortier charging that Macpherson had.
stolex it, and the latter maintaining that Mor-
tier was the thief. During the quarrel both of
the young men occupied seats on a fallen tree,
While Mr. Offer, the only witness to the homi-
cide, was at work only a few paces distant. It
Was finally arranged that they should meet
that evening at the house of the man who had
1\st the axe and determine which of them had
stvlen it. Not suspecting any harm, Macpher-
8on und Offer, as soon as Harvey passed out
tht among the bushes, resumed thelr
: but only a few minutes elapsed _
me the murderer left his intended ve .
the report of a rifle was heard, an ae
con exclaimed: “Harvey Mortier h
National Police Gazette November 12, 1881 (apticle incomplete)
MORISAWA, R., Japanese, 3, hanged San Quentin (Sonoma) on July 18, 1919.
"at ten o'clock this morning R, Morisawa, Japanese who sot to death two of his fellow coune
trymen in a lodging house on D Street in this city early in the present year and was
convicted of murder in the first degree for the crime will pay the extreme penalty of
the law on the gallows in San Quentin Prison,
"From Warden Johnston, Sheriff Petray received official notice Thursday morning that
this morning at ten the execution of Morisawa will be carried out, and asking him to
be present as a witness, Thursday night the sheriff could not state whether he would go to
the prison for the purpose or not as other business might interfere.
"after his conviction in the Superior Court, Morisawa appealed to the Appealate Court and
Supreme Court and a rehearing of the case was denied, He was brought back from San
Quentin for resentencing by the court and again his doom to the gallows was pronounced.
"Morisawa has been stoical and he never expected anything else than that he would be
put to death for his double crime, He entered a plea of not guilty and went to trial with
the resukL that he was convicted as stated. "HUXN{XRSAYXIAKE KWsaKha SAY
THE PRESS DEMOCRAT, Santa Rosa, California7-18-1919 (8/l&2)
"San Quentin, July 18-R, Morisawa, a Japanese, was hanged here this morning at 10:20
o'clock for the murder of two fellow countrymen in June, 1918, He appea red cool and
unconcerned when led to the gallows,
"Morisawa shot and killed N. Daitoku and G, Umono following a quarrel at Santa Rosa."
PRESS=DEMOCRAT, Santa Rosa, CA, 7-19-1919 (1:24)
Ti 32 True Detective Mystertes
last seen driving a 1927 model Hudson brougham
with a California license Number 36-895.
Tips as to Murphy’s whereabouts began to pour
} 4 into the Long Beach Detective Bureau. They all
i led nowhere. Then, on December 14th, Deputy
Sheriff Barbee, of Riverside County, received a tele-
phone call.
“Murphy was just here with a woman. He bought
‘ groceries and supplies, loaded them into a Hudson
i brougham, and headed south across the desert.’”” The
man who excitedly broke this news was a store keeper
| at Banning, a small community on the edge of the
desert, north of the famous Salton Sea.
} 4 Deputy Barbee flashed word to Captain Murphy
b> J at Long Beach. It was only a matter of minutes
+ before Detectives A. H. Smith and Malcolm Kirk-
patrick, two of the ablest investigators in the de-
{ partment, were on their way to Riverside. They :
i 4 made the seventy-mile trip in record time, but
an arrived to find that the man suspected of being
Murphy had given them the slip. There is only one |
Cl major route through the desert to Imperial Valley,
by i
aa
| ‘ie | |
| |
i
‘|
i
t
* |
f./| |
im 2 |
Investigator Jack Southard
examining the letter that
his sharp eyes and wits oan
discovered in a_ waste- fron
| basket. A stray glance on they
Pett
a damning sentence broke
the case and the chase :
j Jasted for seven... , : Siiripremencemiminamn son.
years and extended across
the continent
The Mystery of The Slain Bride . 33
track the two detectives compared the handwriting
on the register with the known writing of Murphy. -
To all appearances it was the same.
New evidence that Murphy had been in the vicinity
turned up. In Colton, a shoe store owner, Harry
McAdams, of 208 North Eighth Street, reported to:
police that the suspect had been in his place of
business demonstrating a sales device. At Redlands
he had been seen by W. B. Reddick, a baker, of 306 |
Orange Street. ,
VIGILANCE of police in Imperial Valley proved
in vain. No trace of the Hudson brougham and
its two occupants: was found. Murphy had again
disappeared.
At Long Beach Captain Murphy sought the answer
to two questions. Where was Murphy hiding?
Who was the woman?
A search of records at the State Bureau of Identifi-
cation in Sacramento revealed that the suspect had
been arrested in San Diego on March 14th, 1925, for
reckless driving and had received a jail term of thirty
days upon his conviction. (Continued on page 98)
(Above) Jack Vaughn, the detective who suddenly
came on a hot clue through the Line-Up picture
of the killer in TRUE DETECTIVE. (Below)
Bertha Callaghan, the waitress and one of the
wives of the hunted man, whose chance encounter
with Vaughn led. to a startling denouement
so they wired police of all way points
to be on the look-out for the gray Hud-
son brougham.
[perore sheriffs at San Bernardino,
a short distance from Riverside,
had been working on the case day and
night. In their rounds of hotels and
rooming houses they found what ap-
peared to be a hot tip. The register
of the Augustine Hotel bore the signa-
ture, “L. Murphy and Wife, San Fran-
cisco.”’
Detectives Smith and Kirkpatrick
left at once for San Bernardino, taking
with them photographs of Murphy and
samples of his handwriting obtained
from the Buttles family. At the hotel
they displayed Murphy’s picture to. Mr.
Petterson, the proprietor. ae
“That’s him all right,”’ nodded Petters
son. “Had a woman along with him.
Came here December 6th and stayed
four days. Left without paying their
bill. Yes, sir. I’d know that birdina .
minute. I remember that scar over his
“About this woman,” queried Smith.
“What was she like?”
“Oh, not a bad looker; wore pretty good
clothes, dark brown hair. I’d say she
| was about thirty years old,’’ replied the
: hotel man.
To make sure they were on the right
e back. He
re. When it
tle and beat
over me and
a’t know if I
ut I think I
“an he kissed
1 that excess
e rest of the
little apart-
en drinking
30th. That
> Long
» who
ch for
ttle of
s used
ck on
it be ~
ghim?
t
ipa]
Te knew,
urned and
e first train
: the suffer-
* the sixth
ong Beach
f of Police.
the honey-
Detectives
re found an
d alcoholic
; the brutal
vead during
d Sergeant
iese days.”’
tle yielded
¢
The Mystery of The Slain Bride 31
one of the finest sets of latent prints I have ever seen. They
were filed and tabulated along with the other records in the
case.
The inquest resulted in a verdict holding Leo D. Murphy
to blame for the murder of his bride of twenty-four days.
Murphy had dropped from sight. He had disappeared
from the face of the earth, it seemed, leaving not a clue.
Augustus H. Buttles was a determined man. “I’ll never rest
until Cornelia’s death has been avenged by the law,”’ he vowed.
His first move was to swear to a warrant charging Murphy
with the murder. This was issued on December 13th. He
conferred with Chief of Police Yancey and was pledged every
facility of that department.
At that time I was Lieutenant Governor of the State of
California, serving under the Administration of Governor C.
C. Young. Secking aid from every possible source, Buttles
appealed to me as an officer of the State.
[already was familiar with the case and was deeply interested
in seeing it solved. In my public addresses I had characterized
the crime as one of the three most cold-blooded slayings in the
history of Los Angeles County. It was on a par with the
brutal killing of little Marian Parker by Edward Hickman,
and the stiletto slaying of a woman on Temple Street in Los
Angeles many years ago—two murders that horrified the Coast.
From the moment that grieving father told me his story and
pleaded that the State do something to find the murderer, I
took the task as a personal responsibility.
“If ever it is in my power to bring about the arrest and
prosecution of that man, I will do it,” I promised him.
Meanwhile, Long Beach police under direction of Chief
Yancey were losing no time in attempting to halt the flight of
Murphy. Captain Murphy was placed in direct charge of the
man-hunt. While county officials were busy with the in-
quest, Captain Murphy flashed a broadcast to every police
department and sheriff’s office in the State. Three days after
death had claimed the young victim he flooded the country
with bulletins carrying a description and photograph of the
hunted man. He made the country Murphy conscious,
Every police officer carried a mental picture of the man.
- Merchants and business men, too, were looking for a well-
dressed man of thirty-four years. They sought a pleasant
_individual with a perpetual grin, one who impressed with his
‘geniality. From the bulletins they knew the man police
wanted weighed about 225 pounds, a bit on the portly side,
yet a full six feet tall in his stocking feet. They knew, too,
that over his right eye he carried a V-shaped scar. He was
(Below) The honeymoon apartment on East Third Street, Long Beach, where the happy young
bride started housekeeping with no premonition of the gruesome fate that was to overtake her so soon
en OL
SE ate ny ars cn ta
Aas
t
a
eC
”
ios
e2ODewm RO
™opo
November 1936
True Detective Mysteries
The Mystery of the Slain Bride
(Continued from page 33)
Following this lead, Long Beach police
contacted San Diego. Records there
showed that an unidentified woman was
with Murphy at the time of his arrest,
and that she had been beaten brutally by
him, The woman refused to reveal her
identity or to prosecute Murphy for
battery.
Aside from the death-bed story of
Cornelia, there was no direct evidence
that Murphy had committed the crime.
Fortunately San Diego police had_ taken
finger-prints of the suspect at the time he
was arrested. At the request of Captain
Murphy these were sent to Long Beach
and turned over to Sergeant Woodrufi,
together with the prints found on the
bitters bottle at the scene of the battle.
Photographed and enlarged, the two sets
of prints were placed side by side.
“No question about it, boys!” assured
Woodruff. “The prints are the same. That
means that Murphy was the guy who
swung the bottle over Cornelia’s head.
Here’s the evidence to prove it. Now all
we've got to do is find Murphy.”
HE case by now had become a topic of
conversation the country over. It was
not surprising then when a special agent
for a railroad at Des Moines, Iowa, wrote
Long Beach police on December 15th with
the word that Murphy had lived there at
one time. He had been a real estate
agent and later an insurance salesman, he
said. His mother was living at Peoria,
Illinois. ; ;
Telegraphic instructions to police of
the two cities to be on the look-out for
Murphy and a request for more informa-
tion brought a letter from Walter W il-
liams, Superintendent of Police at Peoria.
From it Captain Murphy learned that the
marriage to Cornelia Buttles had not been
the first for the suspect. His first. wife,
Mrs. Maude Murphy, secured a divorce
after he had deserted her in 1921. ;
Murphy was a veritable Casanova, it
appeared. Upon deserting his wife in
Peoria, the letter stated, he fled to Mil-
waukee, Wisconsin. There he married a
registered nurse, but tired of her in April,
1924, and deserted again. ;
Chief of Police J. G. Laubenheimer, of
Milwaukee, notified Long Beach police
that a woman giving the name, Mrs.
L. D. Murphy, had reported her husband
as missing at that time. She filed a pic-
ture of the absent spouse with police. It
compared favorably with the bulletin
photo of Murphy, Chief Laubenheimer
said.
The first clue to the identity of the
mystery woman seen with Murphy in the
San Bernardino district came on Decem-
ber 20th in the form of a letter received
‘at the Augustine Hotel, San Bernardino.
Signed Mrs. D. Murphy and bearing a
San Francisco date mark, the letter asked
that the hotel forward to the writer
clothing and personal effects left behind.
“J did not know a thing about the
affair in which Mr. Murphy is involved
until I read the newspapers,” it said.
“When I found out about it, I left him
immediately and returned to San Fran-
cisco.” ;
Receipt of the letter sent Captain Mur-
phy to work with renewed vigor. :
“We've got to find that woman and
make her talk,” he told Detective Kirk-
patrick. “Send a wire to Dan O’Brien,
the Chief at San Francisco, and ask him
to check on that end. Better contact the
postal authorities, loo. Th might be pos-
sible to pick her up when she calls for
her mail.”
At Fresno it was learned that Murphy
once had been friendly to a Mildred Mer-
rill, of San Francisco. Captain Murphy
reasoned that perhaps Mrs. D. Murphy
and Miss Mildred Merrill might be one
and the same person. He asked Chief
O’Brien to investigate with that in mind.
Officers of the city by the Golden Gate
swung into action, but could find no trace
of Mrs. D. Murphy. From sources best
known to themselves they did learn, how-
ever, that, Mildred Merrill recently had
left. for San Diego. Police in the south-
ern city were notified.
Working on the theory that sooner or
later a criminal will return to old haunts,
police, both at San Francisco and San
Diego, kept a watch on all the spots
where either the woman or Murphy him-
self might show up. Days turned into’
weeks without results. Then on another
and entirely unexpected front things be-
gan to develop.
Late in the afternoon of December 13th
Clerk Jack Elder day-dreamed over the
evening paper in the lobby of the Oregon
Hotel at El Centro, a scant twelve miles
from the International Boundary Line
and Old Mexico.
He didn’t notice when an automobile
slid to a halt in the street outside. It
was a gray Hudson brougham, but Elder
paid no attention. It was only when the
driver, a man of large stature, stepped
out of the car and entered the lobby
that Elder looked up.
The man shot a furtive look around.
“What are the rates here?” he inquired.
“T want a room for me and my wife for
the night.”
Clerk Elder brightened at the prospect
of business.
“We have some nice ones for $1.75,” he
responded. “Right this way, please, and
I’ll show them to you.”
The man protested. “Won’t bother to
look now. Have to meet my wife down
the street. Dll be back and get fixed up
a little later.” He started to leave. “Oh,
say, how are the roads to Yuma?”
“Pretty fair for desert roads,” replied
Elder. “T’ll show you here on the maps.”
UT the man wasn’t listening. He was
leaving the lobby and hurrying down
the street.
When Elder went off shift, the man
hadn’t returned, and the gray Hudson
hrougham remained at the curb. The
next day the car still was there.
“That’s funny!” Elder thought. “Won-
der what happened to the guy. He acted
sort of funny.” :
On the morning of the third day Elder
became convinced that something was
amiss. He called the police. Two officers
responded. They looked the car over,
whistled in surprise. The license plates
stood out like the proverbial sore toe.
CALIFORNIA 36-895. :
“Oh, boy,” one of the officers exploded,
“will the boys at Long Beach be in-
terested in this! It’s the missing Murphy
car.
Telegraph wires clicked off the news
that the phantom trail again had been
picked up. Murphy had again been seen,
his car had been found.
A few hours later Detectives Smith and
Kirkpatrick rolled into the little desert
city of El Centro. Local police led them
to the Oregon Hotel in front of which
sat the abandoned Hudson.
“That's the wagon all right,” observed
Kirkpatrick, checking the license number
mentally and comparing the car with the
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him business all the time. Everybody was his friend.”
“He operated in Oakland, too?” Condon asked.
“His license was for the whole state,” Mrs. Lucia
explained. “Anywhere his clients wanted to go, he
could take them.”
“Did he make many trips outside the San Francisco
area?”
“Yes, he went to Oakland and other places quite a
bit.”
man in Hayward owed him some money. “i Just remeiu-
ber that,” she said. “John said he had promised and
promised to pay him, and that he was going over there
one day.” :
“Maybe that’s why he was in Hayward,” Ayres said.
“Who was this man?”
“Joe Schroeder,” was the reply. “J don’t know him.
But I remember John said he was a bartender.”
“This may be the lead we want,” Condon said. ‘We'll
see if we can locate the man.”
Mrs. Lucia was positive that her husband was not in-
volved ‘in any criminal operations of any nature. “It
is unthinkable,” she said. “Not John!” ‘
She knew of no one who might have a reason to mur-
der her husband, she said. But when pressed about his
personal and business associates she did recall that a
After arranging for Mrs. Lucia to go to Oakland to
formally identify the body, Condon and Ayres tele- |
phoned Adams at the sheriff’s office. “The victim is 4
John Lucia all right,” Ayres reported. “And I think
we have a hot lead.”
-. “P’]] send men back to Hayward im-
mediately,” Adams said when he heard '
their report. “You fellows go by thee @
taxi stand and see if you can find out
when Lucia was last there.”
— oe —
! as
ee Beret ae.
i Pi ; +9
Eee en ee ee ee
wut these investigations were
being made, Starasinic and Wisner
had been canvassing along Winton
Road ‘for any information they could
find. They had been unable to learn
anything of importance between _ the
scene of the crime and the city of Hay-
ward. On the guess that the death car,
probably -Lucia’s own sedan, had pro-
ceeded on south from the scene, they
began checking in that direction.
It was nearly 10 o’clock that night
when they talked to a service-station
operator in Russell City, a small com-
ane
ee he
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LUCILLE EYRE—
(Photo above.) She told the detectives a false
story to give herself an out. But now she's “tn.
es oes dat Be % PE be on he + zx - >
Bas taste Baad: 3 Yl Red ee aictns RRS de a degen £4 St: Bae oh fe
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tention. They got out and walked
right past my place here, I was stand-
ing in the door then. About the only
thing I can remember is that one of
the women was red-headed. Wasn't
wearing any hat, so I noticed it.”
“Was the other one a blonde?”
“Now, I wouldn’t say about that.
‘ould have been.”
“Did the man have on a leather
jacket?” 2k
“Can't be-.sure whether he did or
not. Maybe so.”
“Which way did they go?”
“That way.’
ager pointed toward
tion on 23rd Avenue.
of the street.”
_ Nuneman and Nelson decided to see
if they could find any other. trace of
the trio. They began questioning
shopkeepérs along 23rd Avenue. By
good fortune they found two other
people who had seen the trio, both
saying they had continued on 23rd
Avenue. -
Near East 21st, they found a woman
in a flower shop who said that she had
seen the man and two women. “They
were Walking very fast, almost run-
ning, so I noticed them. I’m sure they
went into the rooming house around
on 21st,” she said. “Mrs. Burton’s
place.” .
A minute later Nunemann and Nel-
son rang the doorbell. An elderly
woman opened the door. Before they
could speak, she said, “Thank God,
you're policemen! I have been want-
ing to call you. I’ve been so frightened
I didn’t know what to do.”
“We're looking for a man wearing
a leather jacket with a blonde girl
a red-headed girl,” Nelson told
er.
“He’s here,” the woman said. “She’s
vith him—the red-haired girl. They’re
in one of my rooms and I don’t know
how to get rid of them. Something
terrible has happened, and my daugh-
ter is mixed up in it.”
The woman, who said she was Mrs.
Emelia Burton, explained that she op-
erated the rooming house and also
worked at nights in a war plant. She
added: “Last night, when I got home,
I found Lucille here. And that man
and that woman were in one of my
rooms. I didn’t like it. I was going to
call the police, but Lucille begged me
not to do it. She said he had killed
a man and that he would kill her
and me.”
Mrs. Burton explained that Lucille
was Mrs. Lucille Eyre, her daughter,
and that the red-haired girl was Sally
Mixon, with whom her daughter
roomed in San Francisco. She didn’t
know the man’s name.
e business sec-
“On this side
“Okay—we'll go in and see what
this is all about,” Nelson said as he
unfastened his gun. “Which room are
they in?” ees
Mrs. Burton indicated the room.
“Give us your keys,” Nunemann re-
“Then you stay in the front
room.
At the door of the room the officers
listened a moment. They could hear
nothing. Quietly, Nunemann slipped
the key into the lock and turned it.
With their guns drawn, Nelson eased
“he door open. Just as they stepped
nto the room, the girl awakened and
sat up. “What’s going on here?” she
demanded. -
“Take it easy, sister,” Nelson or-
dered, as Nunemann quickly stepped
beside the sleeping man- looking for
The liquor store man=---
as Nunemann ran his hand beneath
his pillow, searching for a weapon. °
“What the hell is this?” the man
demanded as he bolted upright. “You
‘can’t do this!”
“Put your hands out,” Nunemann
ordered. “One false move and Ill
shoot!”
. The man submitted to handcuffs.
Both suspects were ordered to dress.
‘ Nelson found the only weapon—a .32-
caliber Colt automatic—in the girl’s .
purse, Nunemann released one. hand-
cuff long enough for the man to don
his-shirt and coat.
“J don’t know why you're doing
this,” the man, who gave his name as
Djory Nagle, protested. “We haven’t
done anything.”
In another bedroom the officers
found Lucille Eyre, the blonde, who
started to repeat her story of the
murder. “You can tell it all to the
sheriff,” Nelson said to her.
At the sheriff’s office, the prisoners
were separated and questioned in-
dividually. Lucille Eyre seemed to be
the most anxious to talk, and Sheriff
Gleason and Chief Adams listened to
her story.
Lucille said that the three of them .
had hired Lucia to bring them to Oak-
land. In Oakland they had stopped at
a tavern to drink. Then Sally had sug-
gested they go on to Hayward, where
her mother lived. However, Nagle had
ordered Lucia to drive on through
Hayward.
“We were going along when Nagle
told the driver to stop. ‘Turn off the
ignition,’ he told him. Just as he
did it, Nagle pulled out his gun and
shot him twice. Then he dragged him
out of the car and shot him through
the head. He laughed about that and
said. ‘I always like ’em to die fast.’”
“Why did he do this?” Gleason
asked.
“I don’t know. He’s a mean person.
He says he has killed other people.
and that he gets a kick out of it. I
was scared to death.”
The sheriff and Adams exchanged
glances. The story, it seemed to them,
was too unlikely. Although the ac-
count of the actual shooting seemed
correct, they felt certain there was
more motive than just a thrill. How-
ever, they let the blonde think they
accepted the story and turned to Sally
Mixon.
Sally’s story followed Lucille’s with
‘one important addition. “Djory killed
him to get the limousine,” she said.
“But why kill a man just for his
car?” Adams asked her. “You couldn’t
keep it long.”
“Oh, we needed it to hold up a café.
That was Lucille’s idea. She planned
the whole thing.”
It was obvious then that each girl
was -trying to clear herself and to
blame the other one. As for Nagle, he
only grinned and denied everything.
“I’ve been pretty drunk for the last
few days,” he admitted. “But I didn’t
kill anyone.”
Starasinic, who was sitting in on
the questioning, pointed to brownish
stains on his white shirt. ‘Where’d
that blood come from?” he asked.
“That? Oh, I cut my finger,” Nagle
replied. “Here, this one.” He held up
a bandaged finger. “Done that in a
bar yesterday.”
Expecting to trap him, Starasinic
asked: “What bar?”
“One on 23rd Avenue,” Nagle re-
plied promptly. “Not far from here.
A glass broke. The bartender sent me
_ story, the bartender, who at
he was afraid I’d sue him or some-
thing.”
Officers sent out to check the state-
ment were surprised to find it correct.
The incident had occurred at about
7:45. However, when they again ques-
tioned Lucille, who was most anxious
to clear herself, they found out how
the cutting had happened. Actually,
Nagle had cut himself with a razor
blade, then had broken the glass and
told the bartender that it had been
the fault of the glass.
“Sally took t razor blade and
ives it down the toilet,” Lucille
said.
Officers later recovered the razor
blade from the trap of the toilet. Al-
though this confirmed Lucille’s state-
ment of that detail, Gleason and
Adams still believed that she had
been as much involved in the crime
as the others.
beta to trial, Djory Nagle,
Sally Mixon, and Lucille Eyre
were found guilty by a jury on Feb-
ruary 16, 1944, of first-degree mur-
der. They recommended life imprison-
ment for the two women, but made no
recommendation in the case of Nagle.
The two women were sentenced to
life imprisonment in the California
Institute for Women at Tehachapi, and
Nagle was ordered executed in the
San Quentin gas chamber.
For more than a year, Nagle waited
in Death Row for his case to be
appealed. When the sentence was up-
held, he was ordered executed on
March 2, 1945.
During his wait, Nagle plotted a
daring break—an almost impossible
escape from the San Quentin Death
Row. He fashioned a dagger from a
broken bedspring, and on Thursday,
February 22, 1945, he whispered his
secret to Alfredo Cavazos as_ they
knelt close together in a_ religious
service. Cavazos was scheduled to die
in the gas chamber the next morning.
Nagle told him that they could
overpower their guard, kill him if
necessary, reach the elevator and at-
tack a gun guard on the ground floor.
“Then we can shoot it out with them,”
he whispered. “It’s our only hope.”
Cavazos, who had nothing to lose,
nodded his agreement. As the Death
Row guards entered the chapel to
return the men to their cells, the.
desperate pair made their final bid for
freedom. ey leaped upon the un-
armed guard and knocked him down.
Only by rare good fortune was the
guard able to ward off the stabs Nagle
made at him with the bedspring
dagger. : ao
Other guards ran to the rescue, but
Cavazos succeeded in breaking into
an outer corridor. There a guard on a
catwalk: high above the floor level
ordered him to halt. When Cavazos
continued his mad dash, the guard
dropped him with a high-powered
rifle bullet through the stomach.
Cavazos died in the prison hospital
only a few minutes before he would
have entered the gas chamber.
Nagle, overpowered, was returned
to his cell. He remained there con-
tinuously until he was taken out to be
ee to the gas chamber on March 2,
45.
Eprror’s Nore: In the foregoing true
rst had
to be regarded as a suspect but who
had absolutely no part in the crime
has been given the fictional name of
Joe Schroeder.
-_ —
Os ey ame “HR RS See 8 eS TSS a
=
a gun.
Fhe man stirred and opened his eyes to a doctor to have it dressed. Guess
: : < ao - perenne Ot el et = . BaD Sgn att rahe ‘rap ped rae Memes cseuanpeones tama
mass a ikon in rg me yer as at Sater tints jens adie Se :
tome RBCt at Ate:
eet ate ee ee eee
HE PAID THE PRICE—
But Djory Nagle (right) made a last desperate bid
for freedom. His companion was fatally wounded.
munity several miles from the scene. “Everybody is
talking about that case,” the operator said. “Been a
dozen people in here. Grego Olivas said he saw it
happen.”
be “Saw it!” Starasinic exclaimed. “Great guns! Who
: is this fellow? Where can we find him?”
The operator directed them to the Olivas home. The
| officers found Olivas and his wife discussing whether or
Pug not they should report what they had seen. “We just
thought it was some drunks,” Olivas explained. “Not
until I heard it at the store an hour ago did we know it
was murder.”
“Just what did you see?” Starasinic demanded.
Olivas said that he, his wife, and a friend of hers had
been to Hayward. As they were returning, they stopped
alongside Winton Road. “The car wasn’t hitting right.
I got out to see what it was. I saw a big black car com-
ing down the road. It ran along the edge of the road and
stopped. Then a man fell out.”
“Fell out? Which door?”
“The driver’s side. Then another man jumped out and
dragged him over to the side of the road. And a woman
got out, then another woman.”
“How far away were you? Did you hear a shot?”
“Not too far away, but I didn’t hear any shot.”
“We know the man was shot after he was on the
7 ground,” Starasinic said. “Are you sure you didn’t hear
, } a shot?”
. 7 “I'am sure,” Olivas insisted. “I remember he was
standing over the man. I re- (Continued on page 58)
| ae
.
s
_—
-
ie |
' S$ in bringing these brutal - murderers of an honest citizen fo justice!
DETECTIVE
member, too, that there were a bunch
of airplarres going over then. Maybe
that’s why I didn’t ‘hear anything, if
he was shot then.”
“Was this a Packard sedan?” Wisner .-
asked.
“I guess it was. A big car.”
_ “Which way did they go?”
“The same way—on from Hayward.
When they passed by,- they were
laughing. I thought they were play-
ing a joke on the man.”
“It was no joke,” Starasinic assured
him. “Now tell us what these people
looked like.”
“The man was about your height,
I guess. He had on a leather jacket.
One girl was a blonde, and the other
had red hair.”
“Were the girls young and good-
looking?”
“Well, they were oer I’d say I
didn’t see ’em too well, but they didn’t
impress me as knock outs.”
Although the. information on the
suspects was vague— a blonde, a red-
head, and a man in a leather jacket—
it did establish one important thing.
Whoever they were they had left the
scene in Lucia’s own car. This meant
that Lucia’s limousine was now an
important clue.
N OAKLAND, Adams had already
ordered broadcasts on the Packard
car. When he heard Starasinic’s in-
formation, he now ordered broadcasts
throughout California for the auto-
mobile and the blonde, the redhead,
and the man in the leather jacket. He
also requested police departments,
particularly in the San Francisco-
Oakland area to be on the watch for
the car and to hold it for fingerprinting
should it be found abandoned.
At about the same time Starasinic
and Wisner reported that other officers
had located Joe Schroeder, the Hay-
ward bartender who owed Lucia
money. “Sure, I owed John some
dough,” Schroeder readily admitted. —
“But I haven’t seen him in person for
a month at least.”
Schroeder also frankly admitted
that he had had angry words with
Lucia concerning the money. “But
that don’t mean I bumped him off,
does it?” he said.
The officers admitted that it didn’t.
And when Schroeder explained that_
he had been at work during the entire
afternoon—and his employers and
others confirmed this—the officers
knew that he could not have killed
John Lucia out on Winton Road.
N SAN FRANCISCO, Condon and
Ayres went from the Lucia resi-
dence to the taxi. stand at the Ferry
Building. There they began asking
cab drivers about John Lucia. They
found that nearly everyone knew him.
However, the drivers then on duty had
not been working during the day and
could give no timely information con-
cerning Lucia.
At the offices of the cab companies,
they asked for the names and home
.addresses of the drivers who had op-_
REDHEAD AND BLONDE
Continued from page 31
erated from the Ferry Building stand
during the day. Then they started
out to check each of these in the
hope of ‘gentry, more about John
Lucia and what he had done during
the day. Although they realized they
would not be able to check all of them
that evening, they decided to do what
they could.
Again they found that everyone
knew John Lucia, and that everyone
seemed to like him. “John was a swell
guy,” was the report of each cab
driver who had worked from the Ferry
Building stand. However, none could
recall just when John disappeared
from the stand, but remembered that
he had not been around during the
afternoon.
It was Fred Knief who finally gave
the most important information. “Sure,
I remember now that John took a guy
and a couple of dames over to Oak-
Watch next month’s
CRIME DETECTIVE
FOR THE STORIES
TWAS A:
DATING “B” GIRL
and
CASE OF THE
PLAYGIRL BRIDE AND
THE JEALOUS LOVER
Featured in
the March Issue of
CRIME DETECTIVE
(On Sale January 23rd)
land,” he said.
“When was this?” Ayres asked.
“About noon time, I believe. They
started to get into my cab, at first.
But I can’t take Oakland passengers,
so I told them to see Joh about it.”
“Where did they want to go in Oak-
. land?” Condon asked.
“They didn’t give me any street
_-raddress. Just said Oakland. But I re-
member the blonde dame saying she
was in a hurry. Had to have dinner
- with her mother.”
“What did they look like?”
‘Nice sort of ple. One dame was
blonde—dirty errs Po? ieee the
other one was a redh
“And the man?” .
“Just an ordinary-looking guy.
Medium height, and sort of dark-
complexioned. Wore a leather jacket.’
This information dovetailed exactly
with the information given by Olivas,
who had seen the crime occur. It
meant that the blonde, the redhead,
and the man in the leather jacket were
the criminals. However, there was no
suggestion as to why they had mur-
dered the popular driver.
Since the trio had asked to-be driven
to Oakland, and the blonde had men-
Hatt
tse apie gi Maas Sah a ae hte eae es
tioned that she was having dinner with - ae
her mother, it might be assumed that. %
at least she lived in Oakland. How- =
ever, the fact that they had obviously.
driven through Oakland, continued to-
Hayward, and then south from there,
might mean that they had no intention }
of stopping in Oakland at all. Still it~
appeared t they had stopped some- *
where, since it would not 5, te taken::
from around noon to shortly after 2
o’clock, when Lucia was murdered,
to drive from the Ferry Building to: rest: A
the spot on Winton Road where he (~
had been found. “ao4
The face that Lucia had been mur-
dered in broad daylight along a much-.
used highway, and that his body had
been dragged from the car and the
final shot sent through his head with
another car stopped a short way from
the scene, suggested that the killers . ~.
had not been seeking a remote spot.
for their crime. They had made no at=~~" >
tempt to destroy identification papers,”
so it appeared that they did not care ~
about delaying the investigations —.”.
which they must have known would ° ee
soon follow. *
“All sorts of contradictions in this, ae
Sheriff Gleason commented, as he
studied the reports of the case. “It ==
looks as if they may have killed Lucia .=-
just to get his automobile. That would +»
mean they had plans for the auto- _
mobile—were p some other
crime. Our best hope for the next
lead is to find that car. Then we'll
Hee to find the blonde and the red-
ead.”
ROADCASTS on the car and the ©
trio were repeated. Sheriff Glea- ~—
son assigned every available man in =
his department to search for the car. .*
And Chief of Police Robert Tracey, —
of Oakland, ordered every man of his =
force alerted. Police departments in =
all other cities of the Bay Area did .-—
the same thing. =
It was the next day.that Patrolman
Paul Potts, of the Oakland police, lo-
cated the limousine. It was parked .
on East 15th Street, near the corner. *
of 23rd Avenue. He immediately =
called headquarters, and Radio Officers =’
A. G. Nunemann and Marcus Nelson, |
followed by other officers, hurried i.
to the scene. Sas
A preliminary examination of the..
car ‘craaled that it contained nothing + =
to indicate who might have left it.»
there. On the assumption that the
person might return for the car at
any moment, officers were secreted in
the block to watch the car, while
other officers began questioning busi-:
ness people and residents about it. -<%
The manager of a liquor store at-4
the corner told Nunemann and Nelson?
that he had seen a man and two a
women get out of the car at abouts
9:30 o’clock the evening before. “Jus
happened to notice it because it’s a
big car,” he said. “Not many csi, cs
ards in this neighborh
“Could you escribe the peopl
Nunemann asked.
“Well, I really didn’t tay much
4
a
q
4
EA Rees tsar eee were
we ~
MORTIMER, hanged Sacramento, 5-15-1873 ~ Continued - Page three
SantaClara. When a mile and half from there, Mortimer stepped behind, seized .a stone
and struck Rose .on back of head. They grappled but Mortimer managed to zet Rose's revole
ver and beat him with it until he fell. Mortimer pretended to run away, but came back
and, assuming the voice of a stranger, asked Rose what was the matter, Rose fell into
the trap and replied, opemhng eyese Mortimer then took knife from Rose's belt and
jabbed into his neck and ran off, but returned and bit his finger of to be certain that
he was dead. On the 2th, he shot and wounded 2 men pursuing him at Spanishtown, He
returned to Siskiyou County where he had operated with the Bell gang and there committed
a robbery on Nov. 18, He and his companions were arrested and indicted on Jan, 12,
1865, and he gave the name of George Foster, pleaded guilty and was sentenced to 7 yeas
on Feb. 10, On the night of Feb, 12, he and three other prisoners,-King, Ferry and
Richardson = escaped afiter binding and gagging the “reka jailer, All were wetaken, with
Mortimer being caught at Cherokee Mary's, ten miles from Yreka, having been brought to, -’
while on the runy by a load of buckshot, one of which passed through under his ear and
lodged in his cheek bone, On March 15, 1865, Sheriff Crooks of Siskiyou arrived at San
Francisco where Charley was recognized and Rose desired to shoot him but was dissuaded.
The next day, Mortimer again placed in State Prison at San Francisco, There he met
Jimmy Driscoll, a former member of the Bell gang. It was generally supposed among
prisoners that Driscoll planned to tell all he knew of the Rosenbaum murder, Driscoll
was poisoned and it was generally believed that Mortimer had done it. Mortimer was re-
leased in early 1871, ‘In June and July he was stealing his way through Santa Clara and
Watsonville vicinity. From there he went to San Francisco and then in November to
Sacramento, Elk Grove, and then to work for a farmer named Barney O'Neil, who he robbwd,
“e and his girl friend, carrie (?), continued robbing and lived on Greenwich St. and
Broadway in Sacramento, On 2-7-1872 he and another robbed the Santa Clara County treas-
ury of $17,000, and returned to Mountain View and then to San Francisco, On the night
of May 23, he followed Caroline Prenal, a Pike Streeter, from Owen Gaffney's Saloon to
her rooms and in the night choked her to death and robbed her, Afterwards he was sent to
San Francisco Jail for robbing a man of his watch and released after 90 days, He mur-
dered Mary Shaw on Sept. 19, three days after returning to Sacramento, Arrested on Sept,
20, Was hanged at 12:3 in Sacramento County Jail Yard. Roofs of houses and limbs of
trees surrounding the yard were crowded with people wanting to witness the execution,
He said nothing from the gallows and his neck was broken by the fall, Condensed from
SACREMENTO BEE, May 15, 1873.
See also excerpt from HISTORY OF SISKIYOU COUNTY - Bihund CALIFORNIA - Not Written Up.
"San Francisco, 11-18-1872-The P§lice are in possession of evidence that Charles Mortimer
now in jail in Sacramento, is the man who killed Caroline Pennel, in this city. Some
earrings which belonged to the unfortunate woman have been fourld in the cell occupied by
Mortimer's mistress. Jt is thought that the charge of murder against Henri Bec will be
dismissed inview of this discovery," BEE, Sacramento 11-18-1972 (3-7.)
"The evidence in the trial on Monday of Henri Bec, for the murder of Caroline Prenel, es-
tablished the fact that Mortimer was her murderer, and Bec was acquitted, Owen Gaffney,
who formerly kept a saloon here, and who now keeps a saloon at 805 Washington St., San
Francisco, swore that he knew both Caroline Prenel and Mortimer; that on the night of
2hth of May last, being the night that Prenel was choked to death, she was in his saloon
tight with about $1,50 in money; that after she had been in about fifteen minutes, Morti-~
mer came in; that she treated him and started home; that Mortimer in a few minutes follo-
wed her, and that he, Gaffney, knowing Mortimer to be a bad man, followed him, saw him
enter Prenel s, and after five minutes watching did not see him come out; that after
Mortimer had been arrested here he told the above facts to one Pat. Hussey, and after the
last continuation of Bec's trial he told them also to Capt. Lees. L, Abrahams swore that
Mortimer had, on Sept. 5th, last, pawned for $4.00 with him the ring recovered by Sheare
from Carrie Spencer, Carrie Spencerswore that (Charles Mortimer wanted her to help him
get to the Insane Asylum, and that upon her promising to do so, he told her last Wednes-
day that he had choked Caroline Prenel, Mortimer is an educated butcher of defenseless
-
women, His co-laborer, Carrie Mortimer, whose testimony, however, may be taken with any
number of grains of salt, inasmuch is she is swearing a neck very ncessary to her own
health out of an imminent halter, swears that he speaks French, Irish, Spanish and
English, 1t is known that he writes the English language with accuracy and taste, and
that he is a fair draughtsman." BEE, Sacramento, CA .12-11-1872 (3<).)
| CHARLES S, MORTIMER,
- Chalres Mortimer, alias Chalres F
Old. Parents moved to Boston wh
_ home at an early age and
Arrived at San Francisco
he was known as a deadbea
the saloons and gam dling,
Jack Phillips? Mountaineer
been the actual killer of a
Paace, but never confessed to it, -
In the Spr
Quentin in cenye
ress, Nellie
commit
§ he and ©
reo Myers at 5
in San Francisco, Mortimer knocked
artner robbed th gold
He then went south’t ‘=
Myers robb
L, Wiggins of San Fra
arresti
They grappled
Mortimer pre-
Rose
s belt.and jabbed
¥
ae
on Jan, 12, 1865, =
years on Feb, 10, Ferry and Richardson-
bound ”and gagged th uaght at Cherokee
Mary's, ten miles f g been brough run, by a load of b
one of which passed der his ear and ]
Crooks of Siskiyou arrived at San Francisco whe
him but was dis
There he met Ji
5 named Barney
O8Neil who he robbed, He and girl fri and lived on
Greenwich St, and Broadw. Santa Clara Count y
treasury of $17, On nite of May 2
he followad Caro
night, choked he
_ of his watch and ays. Murdered
_ turning to Sacramento,” Arrested o Sept. 20, amento County Jail
Yard. Roofs of houses and limbs 2 Seta surrounding yard crowded with people wanting to wit.
nrsSe Said nothing, Neck broken by fall, SACRAMENTO BEE, 51591873. «bs, oii bien wn a
ge
ate
HE young woman sat straight and prim on the high-
backed, hard-cushioned sofa, Although there were tears in
her soft blue eyes, her voice was firm. “Then I can never
marry you, Charles.”
The young man who stood before her was a full six feet in
height, but his broad shoulders and his flaming red head were
bowed, He was bewildered and confused by her stern decision,
and he felt weak and watery. It was a feeling which was to fol-
low Charles J. Flinn through the miserable years of his life, and
to make him one of the little-known but most despicable crim-
inals of his day.
“But Addie,” he protested, and dropped to his knees on the
hand-woven carpet. He reached for her hand. “Surely, you do
20
*
- AWoman’s Scorn Dre
Carrie Spencer (far left) helped
put the noose about the neck of
Charles Flinn by her testimony.
Because one girl said
that he was a coward
Charles Flinn became
@ criminal and, in the
course of his career,
murdered two women.
by Malden
Grange Bishop
not want me to get myself killed or maybe crippled for life?”
She drew back from him, jerked her hand free, and stood up.
“Charles !” she said contemptuously, “Please go now. If you are
afraid to die for your country, in her great hour of need, then
you are a”—she could hardly bring herself to utter the awful
word—‘“a common coward.”
“But Addie,” he protested again.
“Please!” she extended her small hand, her finger pointing
rigidly toward the door, “Please, leave me.”
He got up from his knees slowly. He couldn’t bring himself
to believe that Addie Putman, the girl who had promised to
marry him, was actually cancelling her promise because he had
refused to join the New Hampshire forces which were answer-
Nore CTA VE [UpRLe
Foe (8.
o.
ef he,
MELEE
aes
Pair; nd literally,
+)
ie
ee. when 8,000: persons’.
eee
rdentials. and Shi mer: Pia.
FYou. don't havd 0%
dof time He. is from, the! |
ecles wfiice of the attorney) iieep. along’,
however... was the}
Phat.
ect ce made to Hovw: ito the= Miami Ha
eference made to Hov Rand
fies Rieck. said
h hie Shimer. later talked
Leck and Robert: Wo Mann,
nued On Pare 8, Col. MM:
riot Will Ask.
100,000 For -
jects In 1949. ee
AG
JeCts. Oct. 26.—(URP}
teriar’ department ‘plans’ f
close to ,000,000 for reef
bn »project construction: next
pienoat twice ‘this year’s« all
me eke only is tentativet
he estimate ony died changed
pceet bureau before it oes):
And;--of © course, ».it
pject to) further review
a Hepgpucan eaccgon
‘Straus’ Forecas t
Rmation Commissidned “Mi-b
traus told congress‘last Feb-
he bureau would need mo
000,000 “for the ‘year be-
g July 1, 1949.
Gpure did not include main-
ou ‘repair “work on-<old
ration of existing pro}-
provements: and nines
gress itself ordered several
jects and project units into
Si plus some rise’ in! con-| :
on costs,’ will. bring the pro-}.
fiscal /1950 work program to
ny of $500,000,000,” interior
Tiscali 1949 the president’s
requested een Con-
peroved $250,000,000
Gets $55,000,
600 ~
Missouri River basin Ooe $55,-
this year and was estimated
d- $125,000,000. in» fiscal, 1950
ing. to the. figures:. Straus
ongress in February. Since
ongress ordered several more
units, of the basin Plan, into
ction.
other ‘tour projects scheduled
ete}
biggest. increases, their: fis-|; *,
dade esti-)
49 :funds. and
for fiscal’ needs ! are:
plum bia Fivciou basin; $46,957,-
d $70,000,000; the central val-
alifornja, $42,402,837 and
; Davis. Dam,» Arizona,
and $37,860,000, and Hun;
piontaney $14,611,650 and:
Poke
Surgh Enough, aC
Was "In: The:
Back Yard!
ATFORD (Pa), Oct: 21-—in |
ané Mrs. John A. Reill
home from the movies pe
their baby carted fa
bre’s @ cannon in: the back
> Fy
ole.)
the. alr: hin.
Hohe
y's eds Pes
tien
\caused an estima ated
d-alone. Sane’
Areh
pet Sat
but: at: et
in, “et i
* Many: floats: were* amaged, : One:
about: '$3,000. worths’ Spié and ‘snanit
uniforms were d hed and:
were damaged; '\::.:
Cantrell: said: Bi. Maley ‘a: ‘thita : arlt
the’ parece was F catieht hy: the tain.
The) Miami< Dai ¥ News, in “re.
porting. the ombarraalde turn ‘of
events, came ‘out ‘in. first’ editions
Withe the headings; a"Better, idekeass!
Snow.” | S740)
Warkén’ ‘Speaien’ A eg
Warten: Republican : eanldatath
for:vice: president; told athe Legion
he is*proud ‘the: United; States has
taken steps to establish: one’ Amer-
on foreign: Peters rete a cha to
nge every timé theretis e
of’ national: relationship.” My =,
“Nothing is: more sspential’ to the
establishment_of «sound= relations
with ey ations of the world,”
Warre ‘ i
ning. Thal fea ecenee as’
“Nothing: co
surance -to. our: own ‘pepple. and. to
what. we are. doing, that its based
upon 'principle;: and: that: when: we
-| say. besa rt we mean? it: and, 1% is
+ "Ours? “must bela long
gram, for, vaciitation, hich, tan ae
room | for on, . ap oan t
or. indecision.:/ 3% With Tick a long
term policy, our-friends across.
water ‘will. always: Bsiowa retort me
stand ‘and “will | better F understand
not. only:our:d
but how'h
Heats
to’ reason.” dtites
strength
rources: said r teddy a twin engined
Russian bomber. with: two:-officer
deserters from.‘ the *. - Soviet: Air
iForce) landed’ at erican.
Sa (eeenrrep een ee pad
Sth:
The plane and one member of |
sergeant-were returned %6 tel
‘apecta:|
tora Were drenched, too? 4 :
chairman: of ‘the
z the péclimine
the people® everywhere wé. know] off.’
for world peace} r
cipful ween be fo cues ort et
bi eat Sacra es
at # chise
ba 1
bets. "ee ‘the mt ntechaciccat Long-|
x shoremens: |
ie abe
pt and cc ‘on: or cou
Dery. ;. for: the “¢. aM ata
other! ‘riders: oh the scar
held under’ se whentheptra
running between ‘Tracy and Fresno,
halted’ in= Los: Banos. » They, ea said}
Rye «and ° Murphy,» armed” with
knives; herded them’ gether! and
kept, them: prisoners: while: Nixon
went tothe’ town’ and” bought a
gallon: of wine: «.::
Ernest E; Smith, one’ ot! the® iwit-
nesses, said: he) joined’ the ‘train at
Los Banos ‘but; after; i“seein. g what
the ‘setup on the car, was; .decided
he would, not ride. and. sought.to eet:
too, ne!) testified; was"
herdet. with the 6thers and told:he
would ‘not get, ‘off. until’ ‘the
were ready to Jet him:
¢ Charge Ro fle
‘Ss thé and: ‘the;,other: erilueacen
apres “Hargett;: Cruz: Cervantez;
Louis’ Bauer, “and: Bedford Lee). des.
clared.: they were, robbed;" as» was}
e|Willlam Ri: Reynolds; .45, of “Tulsa;
beets sthe “vitinn. of. the Sarma re
the: traintas. it:
ards at Bidla:
tye —
yh ds:
and ” Warehousemens
ration
ers. hes
ante 2: ape ‘company’;
cents." 4 t
fy: ie days to-su
but? the) spar pe
corvettes:
hi oe Paces
PM and\ ti supply«
oked |cepted and shetled
\‘Accton
| ,gnortci enplabed Fact! believe
am
sfaccoraplisted fact'and the Jews are
{
4 Sr ofa
settle.
priority.
question: ;
with..10. absentions. °
committee décided: to
estine: Arab refugees.
bloc also ‘opposed this. ;
“Bandit Suspect
Eludes
vine staged tw
ptticers: ‘who; are seeking him. .
OT victims
. nace as the Boldup.
shot» him Guring ay
oe the.
in the right! eide when: he> was.
struck by.a from:
pyosterceyie:
iS “ae . A NE
Righ
ba ert
ca . Cee
ty, of Gata, a ma-
ht ewe and. seat
rab: P, fun waverninent
ereatiy in. continbin
paren ‘Westward anchor of the:
ceyptian = <Majdal-Falujaitwice end thirkeone
Soe og Abe dad) if not
tine pi iE
he off,. he sald
ply Maidal by sen,
coastal. patro
F
Ip < was-
a Jew. cor-
ee: Web hs obtained both. the
ining ° yepsions
on thes! Negev
tee accom ished. 50
‘nited Nations truce
Rion Four is faced‘ with an
a position: to:bargain for assur-
aa open supply
ak we their pews.
S delegation made
“Mexi esolution. calling for
wers‘to’get together an
bis powers to gett was given
nead of the. Palestine
“The .vote’ was vw to 11,
nation social
im-
472,000, Pal
Pal-
The Senet
‘Meanwhile, : the 58
tely. the: plight of
Officers’.
A iman’ “{dentified as. the. bandit
aylight. robberies
»)Fresno's” ness district) Mon-
UGrariaolas Goatlauer to-elude,
He*
atl, Ey Qtiekey) McGuire,
2 Old ex eer
sana wtentati (Pao by.
. store, at’ abouts:
on
eRrpraseta ae suffered: adieu ‘wound
n
fare Fre Redu
oo) erew— a,
“AR
i: Trice: nd
ody... TWO £
poate
: SHON,
ay
Arabs Huntin
a tried in “the past
1 of}
disrupted this)
Wee iitormuat ould.
‘that at least one}:
nter-|
djabout .55:
‘who. was ?
‘one’ of his 5
ne. ppener: ‘of i
a oi
J, %
teem
miriving
Buena gon d 4 oe og
Oil Cornpany, told alites
cupnnts. of twe= Vp
truck with stone.
Leaping om
¥ figs’
4
a4
} id "isonet
nit’ the side Rea a
Orange County
Is ok ti
oe ey
Mercantile :
The Pacifie- Coast m2 ‘
now in. its forty» inti
nearly dried up a bares
waterborne i “ ra
i
any reported peris
ments. to; Alaska.
about 100*percent wea
t. The
ment ee ;
toed
rate’ of
and sthly uae
‘Of the; :
erated. by: west’ =
i Aye ai
js ad pho
“ z
gS oat Mobile!
est; numb
es
cle
workers were
wages last bout
haye-lost a ut
so
SS.
2. At that &
Cesartt
oa aie
*Z pb RAE ©
me
Some: reeate
nable to, move their a
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‘bee Ic 61949 We. Z
EE.
San Quentin (Fresno) Dgew-6y Bee?
roan
FRESNO, 0, CALE, F FRIDAY, DECEMBER 1 6:
a
= themed State ea ld ‘Direttoe}
James S. Deen, chairman’ of. t
werks _boerd. :
great need far a $o0d | agricultural
oolege tnere.”) >=
Appropriation Lachiog +
Dear said he wrote the depart
spent ef architecture. te halt: work}
om ihe construction plans ‘when: he
found the appropriation: for : the;
“cembined -agrreuitural--ecolleg e
‘would not cover ‘costs: because: off
‘booming land valves! 5,
i Th4 ecricubcrel: ‘interim: “com
umrtire recommended the present,
ain, but lard ~walues “in the ‘area;
© For Railroad
“Car Murder.
i As
(Pietute ou page $-A)
Siberines
ME The
Deere | Yotay
' Freens
TG wcheriic’ 2
|
the mur
‘The idea
selected the campus -site thete—so’ ‘nounced dead ‘at’ 10:11%" AM and:
we will not have enough money") Murphey’ one minute later.:” a i
He said it would be a hadi mi
eke. to start construction ‘plans: Both Appear Calm
when tne .gite question is not get
tec tied. Purchases should not be-made.entered the gas chamber: ‘Nixonia
he added. until all parties definite-' was, strapped (in: they chair ; first.
2 ly Dave) al 2S ae on the site. 2% ‘Murphey, as he néared his: own
“eee parte death chair,” reached down. and
; : clasped Nixon's’ hand...
sf. They spent tie night listening to!
7a Saja ontank @ guitar: and sing:
) juice,
cof-
ts £ot! Dew j< the Bel: and that will be!
act Sortly? afe- Poon luge, you youngsters rPrlton ciRsailees be? the men.
Re nt the night listening to the ra-
ss decrraseiat Auditorium and the annual ‘Fresno, die dio and playing hillbilly songs on a
ristinids Tree Party. *
: fied Several called The. Convict
: ca. Onvic
ae Peace. ard BO are the Pacer urinal of hace of 22 The be bi KS aciay
é Sridis. weve? al arpickioads of eranges,-Santa Claus:
And The Ros
natty, hey and: Nixon. kicked ‘and
Se cate and eh kes Ese associated! pr
eynolds -to- ‘death: dnvan yn-
rove ed assatiif-qn a flat car’of'a
ight: «train =: ning between
— > Ba. and : Fresno On. October. wt
anit “Third Man Geta: Life Term ~
A. third: member ot ‘the trio, who
eae several men) prigoners
‘Ithe' trip to Fresno: was. Harold Rye.
125.°% Hes escaped | witha. life: sen-(:
tenes, apparently because: the. wit-
ness’ * ‘statements’ “showed)-he | eave
Reynolds “a bandageafter the ma
ibegan: peerding from the: ikicks Pe ot
“ Tblows::he: réceived.’,
“fo Thetwitnesses declared. ‘the three
men, _.armed: ‘with knives, forced
pieaby Other ° ‘men riding:the’ car’ to
, Bly
pocket knives, and. herded them all
ntpa corner: of the flat: car, ve
Assistant. District’ Attorney" Allan:
,Mason, who took the original state-
ok at ee leone
bene * tee: bre ho The ‘weatherman predicts today’s
be past: shower activity in the Fresno prea!
eet oa Shae wil. continue tomorrow, with pos-|
: peer, it Sid rereeter amounts ‘of! moisture |
poset hand orate snow depths in the’
§ a ae Blerre. ; ‘ imerits | from. the’ men’ on’ the flat
rgd ies vw hte, erly ai wide open thal Ca Robert H-Rlenarh a distri
om * tim, BS ; * o i i!
a esa vig Fe on a in. the ‘Sheriffs A.» Av) Guiste “and Lewis
; /Ronne, were the- Fresno officials}!
toe r Sane Soequin“Valiey and most of the: who witnesSed ';thei double execu-
frit’ of Ceitorrite of successive: tion. <Also‘attending was Robert C.
tee frantic Harris, 30, of 1348. Wishon ‘Avenue,
“1 TRE fgg nie Scie {who was one. of three — railroad
ces payee STR ajor sierm Center: and workers p distor wher Reynolds’)
i <
{put wlorm fronts in pil,” hed body was acoverad: of ‘4
ain Cited. Care eaeing ov way On : :
wate
Two Men eB
SAN: QUENTIN; Dee.” 16S
Albert E. Nixon, ’ 25, ‘and. Jesse A.
{Murphey,, 4, two migtatory crop
<workers,;: died” today “in: the’ ‘gas
chamber ‘of San Quentin prison fbr}
of William. R. Reynolds.
‘pellets ‘were dropped}:
i Dave. ocreased—mainly decatise we at 10:02% © AM- Nixon was’! pro-
;Both men appeared calm as ney
oh. the: flat car: for: hours during}J- Can
up their money and .two!
“ROSWELL |. 16.—ap—}..
Air’ force officers: ldivatieatea to-
day ‘to Jearn why. a’ Super For-
tress, bomber with modified “beefed
mo engines cras and . burned
‘while landing here spat night with
a death toll of seve }
jeune alr force announced in Wash-
aaton the ed as PM mbbdo gtom ber
which crashed as it ein fora
landing at’ th endt oft routine
training flight was @riven by “re-}. 2) *>*
conditioned” «engines. . All” B29s|.
without © such © modifications } were S
ordered grounded last.month after wok
a series of five crashes which killed!
"total of 33 ‘air force men.
. Five omen were: Killed. instantly
in last night’s-crashsat the Walker! .
‘Air, ‘Force | and two others died).
dater.. ‘Two other men... were in-
pe bint crewmen. ered minor
cuts, and bruises: + i
Quick; Werk Saves Others /
Captain’ A. H, Pyat}, Walker Base
megiets of: fib ree: paces $ va
an e ‘air; for ce saved the} Ata
» Pyatt declared: ba pred after a five day ordeal in a w
jured: seriously; and! the. five ire
information. officer; said the quick
sure the. crash: of caused Py! in a Longview, Wash., hosp!
engine. failure:.’’
nilon F opera
the’ "pilot, : First: énant Robert
/Eyman, had not radioed ‘he was
in. trouble* as ‘he iswept..into’ the
final leg of his: A ee ee approach.
jpyaen was. killed: in’ the ‘crash
Teesio. Firat: Lieutenant’ Rich-
ard egio,. First Lieutenant Rob-
‘jert Vandermuetien, Captain
Charles -A:. Whitlock @nd Staff Ser-}-
geant’ Tomas. O, ¥, ‘all of. Ros-
; eant Carmelo
int of: New ‘Britain, Conn,
Injured Are ted
“ Others: ‘injured riously twere}'
Staff Sergeant Glen fHoward. Stod-
dard, Jr.,.of Stoughte@n, Mass.> Ca
tain "Richard n of Roswell,
and: Staff { Sergeant: \dria Lo Edgeli} |
of Bristol, \W. Val] One ‘of these
idied: today. byt ideptification ‘was
deere pending” “notification jor)
office’ said
alon
‘LONGVIEW (Wash: Fe
Aberlé said today her Girt +.
the 96 hours. she was lost int t
City Gives Greerts
Lig i To. Merger
Simon.
Themen who escaped with only;
minor: injuries. are Coptaln ‘William
J. Karp of New York City, Sergeant | al ines
William’ S: Sauer. of seh reals mee
geant Robert Li,Adams of S
field; Ih, Private First’ Class. “ie The
liam:F. MacDonnell of Thomaston, late fete bed eve: the’ go -aheb
nn.,* ahs PrivateFirst: Classisignal for formal action to fo
yapin Se eh cotiman “al Pe neat the consolidation. of the Saga
i) Survive 1240
| Railway through theicity.
tid
“mr swat
Fresno
a Aiso involved ix avunion
\sion, Instructed special Icgal. cn:
isel, previously engaged in Jory
search of the question. 16 ae
i BR Sexpeditioussy Sd possible:
Lost Girl Cre
Training For $
City Sah a
In its formal move, the COR yr aes
344 Cal.
commonly accepted sense, do not include
a general hospital which has, as an incident
to its main purpose and usefulness, an ed-
ucational feature. Furthermore, it is ap-
parent that in the ordinary acceptation of
the term, a hospital is not considered as
an “educational institution of collegiate
grade” or as a “college or seminary of
learning.” In this field of legislation the
Legislature may well have concluded that
the training of women as nurses is mainly
‘1 connection with and for the benefit of
the hospital (see article 2, ch. 6, div. II of
the Business and Professions Code, as add-
ed by St.1937, p. 1377, and that the proper-
ty used for such purposes is entitled only
to the classification accorded general hospi-
tal property devoted to nonprofit or chari-
table uses. The record indicates that upon
application to the Board of Equalization
and a presentation of facts showing its use
exclusively for charitable and nonprofit
purposes, the plaintiff received a 50 per
cent reduction in the assessed valuation of
all of its property including Larson Hall.
Total exemption of the property of such in-
stitutions was rejected by the electors of
the state in November, 1930, when it was
proposed to add section 15 to article XIII
of the Constitution to accomplish that pur-
pose. However, at the November, 1944,
election, proposed section Ic of article XIII
was added, making it permissive for the
Legislature to exempt all or a portion of
the properties of nonprofit hospital corpora-
tions. That section is, of course, prospec-
tive only.
The plaintiff invokes language approved
by this court in Mitchell v. Whittier Col-
lege, 205 Cal. 744, at pages 747, 748, 272 P.
748, to the effect that “college” means
growth and must conform to the changing
conditions of each generation and the re-
quirements of the times which it serves.
However, that language bears on the ques-
tion whether the study of nursing is college
grade work and does not alone resolve the
problem whether the plaintiff as an “in-
stitution” qualifies under the constitutional
exemption. There is nothing in the history
or policy of exemptions from taxation
granted to colleges, seminaries of learning,
public schools, and the like, which would
justify a departure from this court’s ap-
plication of the law in the case of Pasadena
University v. Los Angeles County, supra.
It necessarily follows that the trial court
should be sustained in its finding and con-
153 PACIFIC REPORTER, 2d JES
‘clusion that the plaintiff was not at the
time the tax here involved was imposed an
educational institution within the meaning
of the Constitution and the statute.
The judgment is affirmed.
GIBSON, C. J., and CURTIS, ED-
MONDS, CARTER, TRAYNOR, and
SCHAUER, JJ., concurred.
PEOPLE v. NAGLE.
PEOPLE v. EYRE et al.
Cr. 4557, 4559.
Supreme Court of California,
Nov. 17, 1944.
1. Criminal law 0238
The evidence before a committing.
magistrate at a preliminary hearing need
not be such as would require a conviction
in order to hold accused to answer. Pen.
Code, §§ 872, 995, 1487, subd. 7.
2. Criminal law 240
Habeas corpus C21
“Sufficient cause” for commitment by
magistrate under statute providing that de-
fendant must be held where it appears that
there is “sufficient cause to believe defend-
ant guilty”, means no more than ‘reason-
able or probable cause” as specified in the
statute relating to discharge on habeas
corpus, which means such a state of facts
as would lead a man of ordinary prudence
to believe, and conscientiously entertain a
strong suspicion of, accused’s guilt, and
which may exist notwithstanding there is
some room for doubt. Pen.Code, §§
872, 995, 1487, subd. 7.
See Words and Phrases,
Edition, ‘for all cther definitions of
“Reasonable or Probable Cause” and
“Sufficient Cause”.
Permanent
3. Criminal law €=238
Evidence at preliminary examination
was sufficient to justify magistrate’s com-
mitment of defendants accused of murder.
Pen.Code, §§ 872, 995.
ee
REA
t the
ed an
aning
ED.
and
PEOPLE v. NAGLE Cal. =. 345
153 P.2d 344 '
4, Criminal law C409
Where defendant’s statement included
incriminating facts that defendant fired
fatal shot, necessity for determining volun-
tary character of statement did not depend
on whether it constituted a confession.
§. Criminal law ©=520(1)
Aside from any constitutional viola-
tion, circumstances surrounding inducement
or promised gratuity may be such as to
render confession equally untrustworthy as
if inducement related to punishment.
6. Criminal law €=519(8)
Where alleged treatment of holding
defendant accused of murder incommuni-
cado three days following his arrest until
time defendant made confession was not
unusual, and defendant had no cause to be-
lieve his treatment would be better if he
confessed, confession was not inadmissible
on ground it was involuntary.
7. Criminal law €=531(3)
Evidence supported finding that con-
fession was freely and voluntarily given
and not induced by defendant’s being held
incommunicado or promise of reward.
8. Criminal law €=519(1)
A voluntary confession was admissible
against defendant regardless whether de-
fendant made confession upon hope of be-
ing privileged to see a codefendant or in
an effort to free codefendants.
9. Criminal law €=808!/
In prosecution for murder where court
instructed that prosecution was required
to show an intent to rob deceased, court
correctly instructed upon bearing defend-
ant’s intoxication might have upon exis-
tence of intent, to constitute a crime, by
instructing in words of statute relating to
intoxication. Pen.Code, § 22.
10. Criminal law €=829(6)
Refusing a cumulative instruction
which amounted to merely a direction to
apply law as theretofore enunciated to de-
fendant’s intoxicated condition was not
error, since jury understand they were to
apply law as enunciated. Pen.Code, § 22.
a ny
In Bank.
Appeal from Superior Court, Alameda
County; Edward J. Tyrrell, Judge.
153 P.2d—22%
Djory Nagle, Lucille Eyre, and others
were convicted of murder, and they appeal.
Affirmed.
Willard W. Shea, Public Defender, and
Leo A. Sullivan, both of Oakland, for ap-
pellants.
Robert W. Kenny, Atty. Gen., and David
K. Lener, Deputy Atty. Gen., for respond-
ent.
CARTER, Justice.
Defendants, Djory Nagle, Sally Mixon
and Lucille Eyre, were found guilty by a
jury of the murder of John Lucia, a taxicab
driver, whose death occurred as a result of
bullet wounds suffered from a .32 automatic
pistol owned by defendant Nagle and used
by him in dispossessing Lucia of his taxi-
cab. Sentence of death was imposed upon
Nagle, while his codefendants were given
life imprisonment. All three defendants
have appealed from the judgments and
from orders denying new trials. In addi-
tion to the automatic appeal from the judg-
ment and sentence of death, counsel for
appellant Nagle has diligently perfected and
prosecuted an appeal on behalf of his
client. The case has been ably briefed on
behalf of defendants Nagle and Mixon, but
no brief has been filed in support of the
appeal of Lucille Eyre, however, we have
examined the record for error on her be-
half along with her codefendants.
The facts, as material to this appeal, are
that the three defendants at the time of
the occurrence of the events herein con-
cerned and for a short time prior thereto,
had been residing at the home of defendant
Lucille Eyre, an acquaintance of Sally
Mixon, in San Francisco. Nagle and Eyre
had for some time been discussing the
carrying out of a holdup of a beer parlor
in Oakland known as Sam’s Place. Upon
receiving and accepting on October 10,
1943, an invitation from Lucille’s mother, a
resident of Oakland, to pay her a visit the
following day, the defendants decided to
carry out the contemplated robbery of
Sam’s Place on the same trip. They
planned to make a visit to Sam’s Place,
“casing it,” or looking it over early in the
day and then carry out the robbery later.
Nagle was the owner of a .32 caliber auto-
matic revolver. Defendants had no auto-
mobile, but Sally was to borrow one from
a friend in Oakland, as to which idea she
was apparently somewhat recalcitrant.
GHIVERSITY OF Att 7 #?
oe
4
NAGLE, Djory, white, hanged San Quentin (Alameda County) 3-2=19)5,
fa e. ¢ — |
eV) Ya Pe OEE oe yy basyx a hae be LPYS
AcE ff: | OCCUPATION " EE PE eee A eh 4 q :
| Zante Va a che; {eee Fs
RECORD
es
S
\
N
S|
ie
SYNOPSIS
jah a ues. Lawsire lit Marni op Lassie Pips cn ape Fo i
Hed, povidone frisixy bid tlbdirg 77 ar Pecrtenstba te
; SOR a ee
oe OF ye, (fbstes, Ro EP hey OV i Owe ee LLoo LF
Gtasuay, taba Cine chavs fe Harpeveel, Migle a02itsg be; ford ond
Atrenwe wv tect: Ou, Gettirte fr Hayworel, Mhg hha te jelateed A
i at ENT ites set lies 1 body
a ellen tL. se |
Se eS ie Zerhkhire MG iy crore Cnrceh dh Ke,
Migs May, Meg le Ad. eity wane EODed,: 47 dee x thins, Mingle Lad Letd
Irwnant lp ehritl antag thet” Lintnad cei Hiatt ons
ee ee =
EXECUTION
SOURCE
ee nea Mn Te eo
FRANK MEWTON OFFICE BSUPPLY-OOTHAN
‘ ty’
ory ey ork g
: 4
ons re
Younger,
bre <at,:
heir own.
i towards.
VINE 2 ;
he Sr BP!
hich... he .
ea him!
h, where!
obfie fn|
agebrash,'
eho over
Pacific.
returned,
e engine
, poured
et it we
eno with
ear. é
rial
here by:
in, who
Birm-
ed men
BS SORES
Creorge “Janie \Wrient, faa
led from MWocschenrt, Gor
et Monacheart, where a hum
Finge
to I
Hints Used.
ntify Patru:
Leong associated 4 with crime ana
with) the tracing of underworld
SeNaMactérs, Threrprinting t heing
{adopted b: government and pri-
vate business as a means of identi-
/Sing and) protecting patrons.
| While this ‘method of identifica-
| trav Greenville. They ve
dere Friday evening.
Yhie time for the preliminary
late ha« not yet been set.
fe
ft:
a
——e ; gt See
one nena taa = -aiaeeeieineenate cel Teper aremees
eee ~~ %
* . lane B
ty ¥ ;
pS lls Saat >
oF;
>
- ¥, Weak *
: %e
bys ae vid ~
Fant alles on ston 3 ee ad
*
a 9
ae
all ind
whe ety r
— e+
KC bos a he ae io
howe oh in the machine |’ ed
ew: Bs.) Tras ate Taught. <
Uloh has been wsed by tederal ‘ial
state ‘clvil Service commisstons Yor): hen
a tong time, only Feeently lave: 1:00
sainks found it nseful Tn protect-/ here at. 6:00
ing the accounts of thelr. patrons.
The United States postottice alse
‘Yyoqafres the fingerprints ot its
depositors. {n order that with-
drawals may be made at any point
by comparison with prints taken
money.
protects
the bank. State gov ernments are
adopting the plan as an ald fn {s-
auing Hcenses (0 automobile owh-
ners and chauffeurs. Hospitals
find it useful in keeping separate
the identiiies of new born babies,
if eco rints & are available. Many
persons found dead In the streets!
of large cities are ‘dentifiea by
governmental agency. So useful
has the method become that of-|
fictals favor the fingerprtiting of
every citizen,
ne | so ee aoe eran,
Jordan Furnishes
Electric Power:
es
Lientenant General S{r Arthar
Wattchope, the high commisstoner
for Palestine and Tratajordan, tm!
ihe \vdultah
Nreeenea of
ito make a bearch oF
Re finkerprints, taken by rome | the men “he had
Be te Be ee wee, bo.
=o
3c” ie 8 e 3
queers ne Bac
wea 160 i
The intormatton
es an pA eshte:
1A ‘evidenti}
caused Baccata yet oy thik
they had an hour's stert on fim
[i
state liné. What he ata Hot ‘how =
was that the men ptopped b between
the tug station “ena ‘Busibvite ¥
arontid
aes
here.
the tir:
mas County 0
help from the Bek
ra, all ei
whom he knew well, Was “"
© fact)
| character of the hote. Ta. ae a Nun
that he expécted Bheritt are thikbes eR
ant) he returned... = -
R730 Reward
The Lassen County, siper’ tL :
offered a reward Of: $ ) Moran it :
arrest ANd convl. ‘oy vf the thurs on cof Ree
derers of the Planas Coanty Ot-] rene Bale, - se
ficer and Sherite Leavitt Increased! “The Pte: fk
the amount With $289 from: Ate adaptable § ‘thet
own pocket, Tore ‘Chik bebey
Mexican Towabate..
| Come by cirteadst
heal fiavpy Revue
6 UEPBUWEP BT
| . | ' a semen
~ . ‘i — a { e
Fathers’ anu Daughters’ Day with’) Good news comes from iS | Greenville Constabie is Surpris
the Rotarians Wednesday with an Lake gold mine during the ye j Murdered Near Milford |
| atterdance and a program days, the announcement
af aeced merit nromuted | been made that the mine Irst - | Tesi al
Mest} “Continsed trom page ene) | Se
other ran down the opposite side or
of the his rifle Spitting fire. a
off high Arrested in Reno . | A surprise nm
Ly _ 2 ean Mas tora to pieces“and | A 7 just
Sunda t-< various size of the bullet holes survey j
e 885 points of the
cala’s car and was arrested ay ele da
was Game | time later in Reno, as the she | ious )
@ score of ; Office was notified. The man’s name samples -”
De ean A search for shang 2 be jeach dairy oF dis
& score ur Hani other member Baglees for the «
by Traf © party, who esca in his own |
and with j | basis is 93.8%,
ith | C2? called all of the traffic force | . ;
Yeak sheriff's office into action. At! redit fof this
ey, | , Cc.
. ; | ing is due to the e
; f this writing no word
ifth with | hes been received concerning his, ec. their =
| whereabouts, | i. sriving _
shooting | --|consumer obtains
| They, Town Baseball Team | product,
ce
. | Scientific analys
| Wins From Westw | made possibile a”,
| *__/on the care used 3
rounds | Moose By 8-1] Score’ :
milk. Tree a
a
EE et OE Ose Na tan
a? Y % re ee 55 > a
; pe wiyaa . aa 3 : x ’ — ~ a ae ied ey ou es
é aot < sfitioy: tn pate i 2 - = einen ted e- beaSene eer Bik ot ee
; while the officer Wak wlaw@iag Th +»
ve - g trent Of wee wate.
“7 oles In thre
j one ‘creake a o
T deintly’ hers ae ti
ered the Theat rah
othe Get- Nee BY a ke
After the KINae THE
man iook the slain omer. AE
the father remaining ip thetr OWN]
Roth men then started town
Reno, the oldcr man Teaving me
hizhway neat ile state Wre Oh WR
dld abandoned road Which. she.
“Te immediately and MaAnroe faliowra anti! ft ‘carried ANrint !
‘taken into custody last Thurs-; i around the point of a hit, hgh
erehing by the Reno police. | he concealed the automobie fri
a depression In the sagebrtsh,! |
tte then Waiked {nto Reno over, ;
the tracks of the Western Pacific.’
iater he and a relative returned
to the car, destroyed the engine
number and Heense plate, poured
of] over the body and set it wee
‘re, They returned to Reno with
\Contined from page one)
t place ithe oMcers Qisddvered
~BKarl Monroe had relatives in
“a. A request from Sheriff
“ie to Sherif Trathen of Reno
red a Watch over the relative’s
tlder Monroe UConferses
! first Monroe denfed = alt
‘wledge of the crime, claiming
‘ave arrived at his daughter's,
» three days befor the mur-
Te jater admitted that he
. present When the crime was
‘mitted but denfed any part
*. We claimed that his son
' the officer and that when he
‘eated the boy threatened him
’ Weath also and that he was
f4 to attempt to daterfere
* Geacribing the scene,
the Toot from the murdcr ear. crave “Tanies Waa iain: NC boy, a = Welk
Brought Here Vor Triat Hel from Wooschentt, Georg: iy shown here in ‘the qwachine,
Monroe Was veturned here by! ove Monseheart, where a mamber 0; Wahar traths ate Tught:: Sires
Sheriffs Leavit and Bradin, who
vere Arcompanterd by. Tom Bitime., ‘FE wn hy rit Used
tify Patveasl’
Ingham and a posse of armed meh
te
Lene acenciated 4 with crime ana
with) the tracing Of underworld
Ath of July _ YS oWatlactera, finrerfrinting f* heing
ladopted hb. government and pri-
EAS CIVIL Bervice <bmmisston
ie ‘Tonk Time, “only Ny Rect Ba Wo
he
ing the accounts of thelr. patro iB.
The. United States postoftice also
depositors, tn order that with-
drawals may be made at any point
by comparison with prints taken
from the Individual receiving the
money, This system, of course,
protects the depositor as well as
the bank. State governments are
adopting the plan as an aid fn [s-
auing Heenses to automobile own-
ners and chauffeurs.
find it useful In keeping separate
the identiifes of new born babies,
rw hile estates oven cat be settled
On ix ah ice
jVate business as a means of tdenti-
‘Pytunr and protecting patrons.
| Wawe this method of tdentiffica-
| trom Greenville. They arrived
here Friday evening.
| The time for the preliminary
hearting has not yet been set.
| . —
Succeeds McOraw
—— = oo
? 44
4 ion has been used. by federal pnd
dhanks found It baefal Th ‘protects bi ,
Yyoqiires the fingerprints ‘ot its:
Agi
they
and. mea gh he could. ea
them” they
state lind. What he aia rt Ln
was that the ‘ten wtopped betWeen
the “Bue “station ‘aid-Busanvitte
to steal Pasoline | “eanipine Eat
Hospitals ‘
belonging to. ‘the: Catitornia
struction: Company Bnd ‘that he
why ‘probabhiy ‘oly & alt minntes
behitid “8R om when 1 > Yetiched
here.
The Ohly - em that ‘he ‘Ft
mas petty ‘officer Ata Hot receive
hetp from the ldoal ‘officers, all br! |
whom he knew Well, Was the fact)
that hea not ask for-it. The: |
ae Ut ae ae ee ee eee AS |
Pe ee ee
waa? Sats
a.
i ee
br
ABs
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#788 the
Friday, June 17, 1932 EIGHT PAGES :
Me
me
Greenville Constable Is
Murdered Near Milford
—
Constable Found Riddled With Bullet
Holes on Highway Near Milford —
Jack Sullivan, 22, arrested yes-
terday as he approached Reno in -
his dead victhm’s car, was re-
turned to the county jail in Su-
Sheriff Royce Raker and Thos.
patrol.
: i beyond recognition, An | -
Body of Stacey Baceala, 32 Year Old Greenville “=~ was found at | ng “
his side. A twenty dollar bill and| Many 42€
some small coin remained in his! And 0
pocket. His car was gone. | Rur
pocket and dropped them by the Shot to Death By Rifle
dead body. Sullivan talked freely to| From a careful examination of |
the officers, giving the impression | foot prints and the facts obtained , Some 200 ¢
that he feels he is serving his own | from an eye witness, Mr. Nevans, it | Lassen Count
aph eidgea by full acknowledg-|was believed that the crime hap- ciation and ms
ment is guilt than evasion. : lee seme |reaus througt
No trace of Evans has been found. | — ™ = paar = |nia, jomed in
Both men are said to have rather Following his long chase from "spring confer
somewhere in Plumas County, Bac- | Region of the
cnilivan. anestioned by Dis-
trict Attorney Julian and sher- , Riddled with bullet holes from/|two robbers near the Stiles ranch. |
#fs staff, made a clean breast of
ine aiuer ana +5 £32 recpensi-
hility for the murder. His ver-
sion differs in some details from
the interpretation of circum-
stances made by Nevans, an eye
witness.
Sullivan says that when they
were stopped by the constable
the conversation soon became an
argume>t., assuming the spirit of
bravado. They thought they
might be victims of a hi-jacker
as their liquor was thrown out of
the car, and as the conversation
grew more heated the constable
fired the first shot, which missed
its mark. Sullivan claims he emp-
who backed away to the fence af-
te. his first injury and slumped
sear a bush, dead.
Sullivan and his companior, who
goes by the name of Billy Evans,
went through Baccala’s pockets for
the keys to the car and in so doing
impressive crime records. :
—- 'cala caught up with and passed the Teau Federati
Susanville, C
| rifle and pistol fire, Stacey Baccala,' ,fe stepped his car, climbed out and, ee
| 32 year oid consiable and depuiy) with pistol in hand, waiked ai
| sheriff of Greenville, was shot to’, fence line toward the cor in whiek _ by Farm A
death ky two desperado robbers on; one of the men was parked. It is Shar vwhin ae
| the Susanville-Reno highway near believed he had one covered and. ot
‘the Stiles ranch at Milford shortly possibly, was attempting to place ee
after § o'clock yesterday morning. the*handcuffs on him, when the, amen Modi
| Baccala passed through Susanville | . i ele
early yesterday morning hot on the | (Continued on page five)
‘Yolo, and Las
trail of the two robbers, who, it is | Rotable state
believed, committeed their crime ® tow, Chester
in Plumas County. He was ging | ©) hi Fk ae .
chase alone by automobile. He| omet or icc
stopped at the county jail hei : for | laf county g1
aid, which he could not find. He h FE !
sid, which he could not find. | He) (™ arter ans oe
ing two robbers down the road. | ! coniin “dw
Shortly afte- a telephone call was eh . ‘eo A) ae fe A L af ue Ps
received saying that waccala bad) § () § HLUTUN CRDOUE oh. licens
murcered. | ‘
|
Bullet Holes in Body | ——_—$— ,from nearly
Coroner Edenholm, night police | whole-hearte
Perle Long, and the sheriff's office | Taxpayers’ Assn. Offers sion, which
rushed to the scene where they | : tet ‘robles att
'found the constable, slumped down | Suggestions Pertaining | Within the 1
brought his handcuffs out of the behind a large bush, his body shot | To County Costs -_— nek 1
; ; q° see | ing of the «
‘Honey Lake Mine cr bomen i, ROREEDE he County
m (United Press Staff Correspondest) | ternoon in tl
Daughters’ Day
With Rotarians
Real Happy Event
Rathore mm:
laughters) Day with
- vast :
|
; . United States rtmen SELES EVA woew ween -
| Strikes Le qanroea, the Alaska penmaltp secguey cok a Werte oO
at the twenty-second annual meeting of the National Councii
. fa hotel, New York.
On Lower | |
_ %
comes from iS
we odiirsne thr te
| Greenville Constabie is |Surpr
| Murdered Near Milford! ,,,
Geoa new:
act
t
i
i
‘
:
;
> porns 5 a
HISTORY OF SISKIYOU COUNTY, CALIFORNIA, 101
degree. On the eighteenth, Judye J. Montgomery
Peters sentenced him to be hanged on Wednesday,
July 15, 1857. The prosecution was conducted by
the District Attorney, E. H. Stone, and the prisoner
was ably defended by S. Hurlbut and Riley Hay-
den, who tried in vain to secure for him a new trial.
Sheriff Fair prepared for him the same gallows on
which Crowder had been executed, and when the
day arrived conducted the doomed man to the scene
of his death, escorted by the members of Siskiyou
Hook and Ladder Company. When everythiny
was ready the fatal drop was made to fall, and
every one was horriticd to sce the criminal’s heal
slip out of the noose, after sustaining a severe jerk.
Sailor Jim fell clear through the platform to the
ground, from which he was raised in a Half-conscious ©
condition and again assisted upon the scaffohl.
While they were making preparations to hang him
the second time, he said, “ For God’s sake, don’t do
that again.” This time more care was observed,
and soun his liteless boly hung at the end of the
rope. All the agony of mind, if there is such, that
is suffered by a criminal during the preliminaries to
an execution, Sailor Jim = passed through twice.
The awakening from what he no doubt: imagined
was death to a realization that he must go through
the torture again, must have been terrible to him.
No wonder he entreated them not to make another
blunder. He made a confession, in which he
ailmitted the killing of Burke, but claimed it to have
been in self-defense.
’ THOMAS KING.
After lying in jail two years, and receiving two
trials, hoping for a release from the extreme penalty
of the law until a few weeks before his death,
Thomas King was exccuted on the twenty-third day
of June, 1865, for a heartless and causeless inurder,
for dealing a death-blow, unprovoked and unex-
pected. He was born in Ireland, and when about
twelve years of age, lett his home because his parents
had punished him for some offense. For several
years he roamed about the United Kingdom, the
associate of bad characters, until for the commission of
“some felony he was transported to Australia. When
the Crimean war was raging, a regiment was raised
among the convicts, by order of Lord Raglan, the
men being given their liberty at the close of the war.
In this regiment King enlisted, and after the fall of
Sebastopol reccived his discharge. He made his
way to Halifax, and from there to Culifornia, an |
to this county. After mining at Humbug, Seott Bir
and various other places, he went to the south fork
of Scott river, where he committed the terrible crime,
for which the law exacted the penalty of his life.
On the second of July, i863, having alrea ly
become considerably under the influence ot liquor, he
entered French's saloon, and began flourishing a
_ knife in a threatening manner, and was deprived of it
by the barkecper. Among others in the saloon was
James Dutty, who had been drinking, and whom
King accused of having his knife. The accusation
was denied, and upon being informed where the
knife was, King demanded it from the barkeeper
and it was restored to him. Throwing the weapon
upon the floor and striking a tragic attitude, he
exclaimed: “There lays me dagger. Whoever picks.
Malen
Sephileg
MnAde. DA Wen,
it up, dies by me hand.” Not dreaming of danver,
Dutly stooped, pickel up the weapon and laid it
upon the counter, saying, “You wouldn't kill me,
your best friend, would you?” “Yes, I would,” he
said, as he took up the knife and made several false
motions, touching Dufly’s breast with the handle,
while the victim stood there smiling, unconscious of
danger. Suddenly King reversed the knife, and
with a quick, hard blow, buried it deep in Duffy’s
heart, the murdered man sinking to the floor with
the exclamation,“ You have cut me.” King made a
pass with the bloody weapon at the barkeeper, and
‘then sprang to the door and fled. The horrified
witnesses ot the trazedy stood for an instant in blank
amazement, and then hastened in pursuit of the
murderer, when they soon overtook and secured
after a slight resistance.
He remained in jail until the following February,
when, after a trial lasting three days, he was found
guilty of murder in the tirst degree, and was sen-
tenced by Judge E. Garter to be executed Friday,
March 18, 1864. An appeal to the Supreme Court
gained for the condemned man a new trial, based upon
the construction of a statute, and not upon the
merits of the case. He was again tried in Septem-
ber, and was sentenced to’ be hanged on Friday,
November 4, 1864, but an application to the Su-
preme Court produced a stay of proceedings until
the case could be reviewed by that body. While
awaiting the decision of the court, on Saturday, the
eighth of February, 1865, he made a bold, and for a
time, suecessful attempt to regain his freedom.
Jontined in the jail, which was the old wooden
building first erected by the county, were alse
George Foster and Robert Ferry, both under a sen-
tence tothe penitentiary fur grand larceny, and
McGuire, a deserter from the army. ‘I'he last named
was allowed in the corridor, and was in the habit of
calling for water. About eight o’clock on the mgt
in question Foster succeeded in getting out of his
cell, and after releasing the prisoners from their cells,
had McGuire call for water, as usual, and when
Jailor McCullough opened the door he was seized,
gagsed, and bound, and the prisoners escaped, having
their irons still upon them. They bad been gone
but twenty minutes when their flight was discovered.
The, town was aroused, and people started in all
directions in search of the fugitives. About daylight
Ferry was caught at Cherry creek by John Hen-
dricks and others, having been unable to get rid of
his irons. About two o'clock Sunday afternoon
William Short and Charles Brown found King ina
clump of manzanita bushes, near Deming’s old brick-
yard,. but a short distance south-west of Yreka.
His long confinement of nineteen months had so
weakened him that he had been unable to proceed
further or to remove the irons fronr his limbs,
although one of them he had succeeded in sawing
partially through. A party composed of Livy
Swan, A. V. Burns, J. Babb, A. D. Crooks, Sherman,
Stone, and Groots, in pursuit of Foster and McGuire,
stopped Monday nixht at Cherokee Mary’s, a resort
for thieves, nine miles from Yreka. About four
o'clock Tuesday morning the two fugitives ap-
proached the house and were ordered to surrender,
anid upon attempting to escape were fired upon by
Jesse Sherman, with a shot gun, and Foster was
a
pect , Ce
MORTIMan, Charles, white, hanged vacramento, California, on 5/15/1873.
CC Alhlo;
244 Celebrated Criminal] Cases of America
Vv
Mortimer was in absolute ignorance of his brother’s presence
in Sacramento,
The condemned man took advantage of the tragic death of
his brother and used it aS an opportunity to feign insanity..
He cut a lock of his dead brother’s hair from his forehead and
taking it back to his cell, he pretended to believe that it eit
his brother, and sat watching the hair day and night. He
even pretended to be enraged if a fly came near it. He
ceased these tactics, however, when he saw they would avail
him nothing, ;
On May 15, 1873, he was executed in the County Jail, and
before he mounted the scaffold he stated that his one regret
was that he could not lay his hands on Carrie Spencer for
one minute, and then he would gladly die.
THE MURDER OF CAPITALIST AARON M. TULLIS
BY PUBLIC ADMINISTRATOR TROY DYE AND
TWO CONSPIRATORS NEAR SACRAMENTO,
Aaron M. Tullis, an old bachelor, resided on Grand Island
on the Sacramento River for many years, and by hard work
and judicious investments he accumulated a fortune estimated
at $100,000.00, including 667 acres ot orchard land which
yielded him a handsome income.
At 6 p. m. on August 1, 1878, two men came down the
Tiver in a duck boat and landed near Tullis’ residence. They
asked the Chinaman at the house where Mr. Tullis could be
found, and were directed to the orchard where Tullis was
budding trees,
was found with two bullet wounds, one in the small of the
back and one in the neck,
As none of the valuables. were removed from the body and
as. Tullis led a secluded life and did not interfere with his -
neighbors, it was hard to find a motive for the crime. The
Chinaman gave a very unsatisfactory description of the two
p =»
Celebrated Cases on Pacific Coast 24.5
visitors, and the prospects of apprehending the murderers did
not seem bright. |
Immediately: after the discovery of the body, Public Ad-
.. ministrator Troy Dye applied for letters of administration on
the estate, but a Mr. Figel, a friend of Tullis’, objected to
Dye acting as administrator and telegraphed to Tullis’ brother
in Texas for instructions. During this time Sheriff Drew
and Deputy Harrison were cleverly Weaving a'case around the
conspirators. While they located people who saw the two
men in the boat, none of them knew the men, and no further
trace could be found of them or the boat. The officers con-
tinued their search on the river, and near Clarkville they
found a piece of lumber on which some one had been figuring,
and among other words and figures was found “6+ feet.” Tt
was ascertained that this amount of lumber would make the
boat described to them, so they took the board bac!: to Sacra-
mento and began a search of the lumber yards. When they
arrived at the yard conducted by Walton, at Twelfth and J
- streets, L. B. Lusk, the salesman, identified the words and
figures as his own writing, and stated that he had sold: 64
feet of lumber to Edward Anderson on July 30. who re-
quested that it be sent to the home of Troy Dve on I street
near Twenty-first, where he intended to make a duck boat.
Anderson formerly worked for Dve when the latter was
in the butcher business. Dye admitted that the boat was built
at his home, but he stated that Anderson intended to use it
to carry himself to his place of employment up the river.
On August 12, Troy Dye was arrested, and on the fol-
lowing day Anderson was arrested at his home at L and
Nineteenth streets. Expréssman Stone stated that he hauled
the boat to the river on the early evening of Juiv 31. ;
~ On August 14, Dye broke down and made a complete
_confession to District Attorney. G. A. Blanchard. as follows:
“I was born in Iowa and I am now 35 vears old. I came
to Sacramento in 1866 and I was first employed as a rancher,
then as a butcher and afterward I conducted a saloon. On
March 4, 1878, I took office as public administrator. A few
weeks later, while Forepaugh’s circus was in town, I was in
7.
MoRRIS 208
699 ~=© Morris, William
The genuine declaration and confession of William Morris, alias
Joseph Martin, who was executed at Baltimore, on Friday the 22d of April;
1808, for the murder of George Workner. Philadelphia, printed at No. 12
Walnut-street, pn.d.j. MoU-L.
12p. 175 cm. sewn. coffin at head of tp.
Workner was killed while Morris and others were making an escape from jail.
He almost escaped again before his execution. This work describes the escape
attempts.
700
Genuine account of the execution of Wm. Morris, Wm. Robinson,
Dl. Dogherty and Caleb Dogherty, who were executed on Friday, the 22d
April, 1806, for the murder of George Workner; with their dying declara-
tions, as delivered under the gallows to the Sheriff ; together with the cor-
respondence and account of their lives, &c. Baltimore, G. Fryer & G. Keat-
inge, (n.d.;. MdBBa.
8p. 21cm. four coffins at head of tp.
701. Mortimer, Charles
Life and career of the most skillful and noted criminal of his day,
Charles Mortimer, (Charles J. Flinn, of Massachusetts.) and full confes-
sion written by himself immediately after his conviction at Sacramento for
the murder of Mary Gibson. Revelations of thirty years of crime... .Sac-
ramento, Record Steam Book and Job Printing House, 1873. NHi.
112 p. front. (port.), diagrs. 23 cm. pict. wraps. “Second edition” on
t.p.; “Remarkable and authentic book” at head of tp.
Mrs. Gibson ran a saloon in Sacramento. Mortimer and his girl-friend were
drinking with her and tried to steal her money. She made an outcry and they
beat her and cut her throat. He was hanged on May 15, 1873.
702 Mowrey, James D.
Love & arsenic. The great Piqua murder! Full report of the exami-
nation of James D. Mowrey, as accessory to the murder of Arthur Ragan,
of Piqua, before Hon. Joseph Pearson, Probate Judge. Reported by C. W.
A. The Store Door the Prisoners first knocked at.——B. The Gate they entered through
VES ONLY GOPY
OF THE
Life, and the Testimony
That Convicted
Michl. Monroe
alias James Wellington.
AT A COURT OF OYER AND TERMINER,
Held at Chester, Pennsylvania, on the 20th of October 1824.
For the Murder of Wm. Bonsall,
AT HIS DWELLING ON THE DARBY ROAD.
On the Night of the 22d of May, last.
Containing the Testimony of Mary Warner, Puese Bonsatt,
Dr. Morris C. Suaucross, &c. before the Court.
Together with a List of the Jury.
This isthe Only Original Copy.—.All others are Spurioxs.
Philadelphia: Printed and for Sale at 38 Chesnut St.
9
NUMBER 697
Courtesy Harvard Law Library
§ yeh TrLVow
_ The Annals | of Murder
SS.
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43)
A BIBLIOGRAPHY OF BOOKS AND PAMPHLETS ON :
AMERICAN MURDERS FROM > COLONIAL TIMES TO 1900 5
| ©
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| have taken into consideration that the
woinan victim voluntarily ¢onsorted with
the defendant in his rooms.
Judge Adel then sentenced Patrick Mc-
Clafferty to from 20 years to life in Sing
Sing Prison.
“So help me God, I don’t remember the
blow!" sobbed the little man as he was
led away.
On January 18, 1927, more than a month
later, a letter bearing a foreign stamp ar-
rived at the office of District Attorney, New-
combe. It was from Roland Lyttle of
Bangor, Ireland, brother and sole surviving
relative of the murder victim. It it, he
explained that he just had learned of her
horrible death and asked for more details.
torney drafted a reply which concluded
with the statement :
“... You may rest assured‘ that the
murder of your sister has been avenged,
and that the guilty person now is paying his
debt to society.” :
To protect innocent persons involved in
this case, the names “Mrs. Hubert Peters,”
“Joan Reed,” “Robert Lester” and “James
Spencer” are not actual but fictitious —
Epiror. ,
13-Day Bride
(Continued from page’ 43)
:
were rolling out on the Murphy case. De-
spite the finding of the car, the possibility
of coming up with the fugitive never looked
more discouraging. For El! Centro was not
ten miles from the Mexican border !
“That’s where he’s heading for all right,”
Kirkpatrick said gloomily. “He didn’t
want to cross in that car because he knew
we'd have the bridges covered. But if
it’s been there three days, he’s probably a
hundred miles inside Mexico right now,”
ly. There were the usual miscellaneous
articles—maps, old rags, a lipstick con-
few other tools.
Kirkpatrick lifted up the back seat. He
found a small oblong object which had
slipped behind the cushions. It was a
booklet about the Pierce-Arrow car, with
suggestions concerning its operation, one of
the kind given to new purchasers by all
motor car manufacturers. Across the top
was written in copper plate handwriting:
“Miss Dawson,”
“This might help,” Smith advanced. “We
can check up when we get back and see if
we can locate a Miss Dawson who owns a
‘Pierce-Arrow. .In the meantime we'd better
find out how Murphy got out of town—if
he got out.”
They called at railroad and bus stations,
taxicab companies, local garages and even
at automobile sales agents. None of the
employes in these places recognized the
fugitive’s picture. Smith and Kirkpatrick
then went to the nearby border towns, and
even crossed into Mexico-to look over the
settlements just on the other side. With
the police of El Centro, they searched every
corner of that community. They did not
find a trace of Murphy. . ,
Back in Long Beach once more, the two
officers checked up on the Dawsons who
owned Pierce-Arrows. They found just
one, Horace Dawson of San Francisco.
Thinking he might be the Miss Dawson’s
father, they interviewed him, only to learn
tee he had no relationship to that young
lady.
Buron Fitts, the newly elected district
attorney of ‘Los Angeles County, agreed
that the case was a tough one but. said,
i .
Taking his pen in hand, the district at- .
The detectives searched the car thorough- .
tainer, a box of matches, a wrench and a
“This case is wide ‘open—and it stays open
until Murphy is caught and tried.”
The incumbency of Fitts in his new posi-
tion seemed to bring the Long Beach of-
ficers luck. For, on the third day he was
in office, Captain Murphy received a call
from the San Diego police.
“We've picked up that Mrs. D. Murphy
for you,”, Captain Hayes announced. “She
admits she’s the one who was with Murphy
at the Augustine Hotel in San Bernardino.
We don’t have to look for Margaret Hall-
burton any more. Mrs. Murphy was Mar-
garet. Hallburton before she married your
man.
“Thanks a million,” the captain shouted.
“Hold her! I’m sending someone right
down.” ‘
The travel-weary Kirkpatrick and Smith
started immediately on one more Murphy
journey, each fervently hoping that this
would -be the last.
They found the apparently next-to-last
Mrs. Murphy to be an attractive brunette
about 30, with soft eyes and a pleasant
ace.
“I didn’t know a thing about that murder
when I left with Leo,” she averred. “We
were married late in 1924. When we had
been together a short time Leo left me,
and I didn’t see him again until the early
‘part of last December. I scarcely recog-
-nized him when he walked in, he looked so
tired and shot to pieces. I asked him what
the matter .was, and he said he’d been
working so hard his nerves went back on
him, and he had started a lot of drinking.
“He asked me if I would take a little auto-
mobile trip with him. I told him O.K. We
left that same day and went to San Ber-
nardino and several other places, finally
winding up at San Diego. When we got
there, Leo got a job. We lived in a little
hotel there, and one morning at breakfast
when Leo was reading. the paper, he sud-
denly got up, went outside and drove away.
I thought at first that he had remembered
some business appointment he had to keep.
But I soon found out what the trouble
really was.”
“How’d you find out?”
“I picked up the paper right after he left.
And there I saw a long article about the
death’ of that Buttles girl, and how Leo
was wanted for her murder. I knew then
what had made him so nervous and upset.”
“All right; where is he now?” :
“T haven't the slightest idea,” the woman
replied. “I haven’t heard one word from
him.”
For hours the questioning went on. At
the end the officers were convinced Mrs.
Murphy was telling the truth. They told |
Captain Hayes to release her and started on
the return trip to Long Beach—empty<
‘handed as usual. 7
The year 1927 passed. The Cornelia
Murphy case had been forgotten by the
public. Smith and Kirkpatrick covered
many hundreds of miles running down al-
leged hot tips, only to come back to their
headquarters more convinced that ever that
it would take a minor miracle to enable
them to catch up with the elusive fugitive.
Toward the end of 1927 District Attorney
Fitts appointed one of his ablest investi-
gators, Jack Southard, to go on the Murphy
case and stay on it until it was solved.
But, although Southard, with Smith and
Kirkpatrick, worked over every possible
angle, 1928 came and went without one new
important clue being dug up. And the next
year, and the next....
jt WAS THE MIDDLE of the afternoon
on March 8, 1933, before Jack L. Vaughn,
a private detective working on a case in
Texas, was able to draw his car up before -
a cafe in San Antonio to get a bite of
lunch. He paid more attention to his food
than he did to the pretty waitress serving
him, until he became aware that she was
INSIDE DETECTIVE
om
ie:
if
¢ nn Ce .
PRETTY CORNELIA MU
‘incredible story of what h
tion her h Leo
tah
4?
i)
aot
above) was barely able to gasp out the
When police went to ques- -
ound him mysteriously vanished.
if the question had been asked.
appeared. Captain of Detectives Owen D. Murphy of the
Long Beach Police Department hurried over to the little apart-
ment which the happy bride had entered less than two weeks
before, and made a thorough search of the premises. He found
the room in disorder, with splotches of blood everywhere. On
the floor was an empty bottle which, the label showed, had
For Murphy haa ais-
contained bitters of a high alcoholic content. The red marks
on this told its own story of its use as a weapon. -
But the bottle also contained something even more important
—a complete set of fingerprints,
A warrant for assault with intent to kill was sworn out
against Murphy. Not long after, the charge was changed to
murder. For, just 24 days after her marriage, Cornelia
Murphy died.
It was one of the most savage slayings ever perpetrated in
Los Angeles County, The entire state of California was aflame
with indignation and citizens demanded the immediate arrest
and punishment of the killer. Murphy could have had but
little start, and the police were confident of capturing him
within a short time. It looked like a case already “in the
bag.”
Chief of Police Jack S. Yancey of Long Beach placed
Captain Murphy in charge of the job of running down his
namesake. The captain immediately got out thousands of
circulars containing the fugitive’s photograph and description.
The bridegroom had one distinguishing mark which should
have “pegged” him at-sight—a V-shaped scar just over his
right eye. The license number of the car he was driving, 36-
895, was also given.
The response to the circular was immediate—and plenti-
ful. It seemed that everyone in California had seen Murphy,
many of them at the same time and hundreds of miles away
from each other. Every tip was investigated. avery one
proved false—except one.
This came on December 14 in the form of an excited tele-
phone message to Sheriff Barbee at Riverside, California, from
a storekeeper at Banning, a small town near the desert.
“Murphy was just in here with a woman,” the man reported
excitedly. “He was in that Hudson car. I saw the license
number, 36-895. They headed out toward the desert.”
Sheriff Barbee phoned Captain Murphy at Long Beach. In
a few moments Detectives Malcolm Kirkpatrick and A. H.
Smith were racing to Banning. There they learned there was
no doubt the storekeeper had actually seen the man_ they
were after. Since there was only one road from Banning
through the desert to Imperial Valley, where Murphy and the
woman he was with were apparently heading, the two detec-
tives sent wires and telephone messages all along the route,
and then sat down to take it easy: until the report of the
fugitive’s capture came in.
UT NO SUCH report was received. No peace officer or
anyone else along the route supposedly taken by the ©
couple saw a Hudson car with the number given, nor did
DISTRICT ATTORNEY Buron Fitts (right) admitted that the case
looked almost hopeless. “But we're not quitting.” he said. “The
Murphy case stays wide open until we finglly solve it.”
42
IM THIS APARTMENT (left) in Long Beach, the gay honeymoon of
a handsome pair of newlyweds ended in inexplicable horror.
they see anyone who resembled Murphy.
That the much-wanted one, however, had actually been in
the section where the Banning storekeeper lived was further
attested by the register of the Hotel Augustine at San Ber-
nardino, Why Murphy, knowing that he was wanted for
murder, ever used his own name, no one knew. But the fact
remains that he did. The sheriff at San Bernardino wired
Captain Murphy, and the latter phoned Smith and Kirkpatrick,
then at Riverside waiting for reports from the desert, to
check up. They showed Murphy’s photograph to. the hotel
proprietor. .
“No question of it,” the latter averred, “That’s the bird.
Came here with this woman, nice looking brunette, stayed
here four days, ran up a bill in my restaurant and then left
here without paying a cent.”
~“Did he keep out of sight, or was he up and around?”
“Scarcely saw him at all. Stayed in the room with the
woman, and had most of their meals sent up.”
In the meantime Captain Murphy, back at Long Beach,
had been busy with the fingerprints found on the bottle. The
Bureau of Investigation informed him that the slayer had
served a term of 30 days in jail at San Diego for reckless
driving. His fingerprints, taken there, were the same as those
on the empty bitters bottle which had fractured his wife’s
skull and broken both her jaws.
The captain sped to San Diego. Here he learned that, when
Murphy was arrested, he had a woman with him. This woman,
questioned concerning the bruises and welts which covered
her body, admitted that she had been brutally beaten by her
companion !
“That proves still further what kind of bird he is,” the
officer commented to his subordinates when he returned to
Long Beach. “No telling how many women he’s beaten. He's
a dangerous man.”
The new information spurred the captain to further efforts.
He sent out thousands more of the “Wanted” circulars. He
exhorted his men to keep on the job day and night, and to
run down every tip no matter how remote and far-fetched it
seemed.
But if the circulars did not bring in Murphy, they brought
in plenty of information about him and his past lite. From
an official at Des Moines it was learned that the fugitive had
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lived there at one time, and that his mother was at present
residing in Peoria. Captain Murphy immediately got into
telephone communication with Chief of Police Walter Wil-
liams of thé latter city.
“We'll watch this end,” Williams assured him, “We've
checked up en him a little. Seems to have a good record here
and in Des Moines. Never been here much except to visit
his mother. He got his divorce here though.”
“Divorce!” the ‘captain exclaimed. ‘Il didn’t know | he'd
been married before. Why’d she divorce him?”
“She gave desertion as‘ the grounds. His next wife gave
the same grounds—desertion.”
“His next wife!” Murphy repeated wonderingly. “Why,
that fellow’s a regular Don Juan.”
“Looks like it,” Chief Williams agreed.
from some people he used to know here.
“We got the dope
He went to Mil-
waukee, where he married the second wife. Then he took the -
air again—at least that’s what the complaint Said.”
The captain rang off, to call Chief Laubenheimer at. Mil-
waukee, where he verified what Williams had told him. :
“His wife reported to us that he was missing,” Lauben-
heimer added, “and she furnished us with a picture. That
picture’s the same as the one on your wanted circular. We'll
check up on any friends he or his former wite might have
here, and see if we can get a line on him.”
Murphy thanked him and hung up. So the unfortunate Cor-
nelia Buttles had been the fugitive’s third wife, at least!
“Seems to have wives scattered all over the country,” the
captain commented to Detectives Smith and Kirkpatrick.
“The boys at Des Moines and Milwaukee will check on the
MARCH, 1942 if
THE DRIVER'S DATA BOOK shown at left was found in a car aban
doned by Murphy. Was the name ‘Miss Dawson” on it a vital clue?
ones there, and Chief Williams will keep an eve on the mother
at Peoria to see if he tries to communicate with her. Whai
we've got to do is to concentrate harder than ever on finding
the woman he was with right after he killed his wife here.”
“Mal and J have covered everything.” Smith rephed. “Ali
we've been able to find is what we've already reported—tha!
_he used to go with a girl named Margaret Hallburton at Sat
Francisco. But*Chief O’Brien hasn't been able to find any.
one of that name up there. Even if we did locate her, she may
not have been the one who was with him.”
The next day something occurred which led them to doulb:
whether the mysterious woman in the much-sought Hudson
car was still with the man with whom she had been seen at
Banning. It was a letter trony the owner of the Hote!
Augustine at San Bernardino, and it enclosed a communica
tion signed “Mrs. D. Murphy.” It requested the hotel
forward to the writer some clothes and personal effects which
she Had left in her room. The captain read it with eage:
anticipation, which made all the more keen the disappointment
which followed.
For the letter had no address. to which the articles requestec
were to be sent! The postmark showed that it had been mailec
in San Francisco. But that was all.
There were, however, in the communication itself, tw:
sentences which interested Captain Murphy and his two de
tectives enormously :
“7 did not know a thing about the affair in which Mi:
Murphy is involved until I read the newspapers. When I tounc
out about it I left him immediately and returned to Sai
» Francisco.” * ;
“That complicates an already complicated mess. still itur-
ther,” the captain observed grimly..“First, there’s that nani
signed to the letter. If it’s on the up and up, then that mean:
there is a Mrs. Murphy No. 3, and Cornelia Buttles would
make the fourth.” a
“The fact that she didn’t give any address makes it look «
little like a plant to me,’’ Kirkpatrick observed. “She probabl
thought the letter would get to the cops, and she wrote 1
because she believed it would help Murphy by making us think
he was traveling alone.” | |
“Either that, or she may have just forgotten to put th:
address on,” Smith suggested. -“Lots of people do things like
that. The next thing to do is to have Chief O’Brien see if he
can locate Mrs. Murphy-in San Francisco.”
O’Brien, however, who was sent a wire that night, was i
more successful in locating “Mrs. D. Murphy” than he ha
been in finding the elusive Margaret Hallburton. He dic
receive a tip, which he passed om to the Long Beach polic«
that some months ago Miss Hallburton had left San Francisc:
and had gone to San Diego. Here, however, the trail wa
again lost. Smith and Kirkpatrick, hurrying to the latter city
could find no woman of this name.
“Just another blind alley,” Murphy grunted. “We can’t fine
the guy we're after. We can’t find the woman who was wit!
him. We can’t find the car he left in. And I thought thi-
case was going to be easy!”
Public indignation over the brutal murder had not subside:
The newspapers, now almost a month afterwards, still carric
stories about it. The strong, handsome features of the absen
Murphy had looked out of their columns dozens of times. Tip
from here, there and everywhere continued to pour in. All ©
them led nowhere. Consequently Captain Murphy was mm
particularly excited when one of his assistants handed him th:
phone, with the remark: .
“Call from El Centro. Some guy says he has informatic:
about a Hudson car.”
“My name’s Elder,” the voice said. “I’m a clerk of th
Oregon Hotel at El Centro. There’s a Hudson car been parke:
out in front of-my place for three days now. I thought you
might be interested.” '
“Yeah,” the captain responded- wearily.
cense number ?”
“California 36-895,"
“What’s that? You bet I’m interested! Don’t let anyon
touch it. I’ll have some men around there in a jiffy.”
Once more Smith and Kirkpatrick (Continued on page 358
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