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quired that three squealers be eliminated

without delay. Yoell Miller and Sant

Goldstein, minor hoods, and_ Irving

Ashkenas, a cabbie who ferried mobsters

to their summer hangouts up in Sullivan

County, all went for one-way rides up

into the Catskills.

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Levene squawked about the pay. “I get
twenty -bucks,” he complained, “to put a
slug in the guy’s beezer. Expenses is nine-
teen chips, all told. I come back wit.a
lousy dollar. It’s lucky for me, I don’t
have to buy the shells for the heater.”
“Shaddup!” Pittsburgh Phil Struass
barked at the handsome car thief who,
on this occasion had been the triggerman.
“Things is tough all over. Even the boss
is comin’ outta hock as ‘flat as a two-
buck horse player. But I hear things is
about to pick up. Wait and see.’

Kid Twist walked out of Welfare Island,
ostensibly broke. He was pale, and a
persistent cough racked his bulky frame.
His lawyer, pleading before the parole.
board, obtained permission for Reles to
go to Florida for the sunshine.

He drove off in a brand new Buick,
whose keys were presented to. him by the
mob at a dinner celebrating his release
from the pen. With him rode a proposi-
tion. made by Lepke—to unleash his
killers on the Dewey witnesses and thus
save the rackets for a new and even more
golden era.

This is the first of a series of three
stories dealing with the life of Abe “Kid
Twist” Reles. Be sure to read the second.
story in the October issue of UNCENSORED
DETECTIVE MAGAZINE.

BULLET

CONTINUED FROM PAGE 17

picked up from dozens’ of well-meaning
but unreliable informants:

They were not only boiling mad, some
of them were bawling mad, and investi-
gative work that might take considerable
time under routine processing was com-
pressed under high stress and pressures
into small packages of urgent time.

Every egress from the city was block-
aded in a matter of minutes. Buslines,
trains, airlines and cabs were put under
volunteer guard to check and double-
check all passengers who might fit the
description of either the man or the
woman.

Captain Rulon Bennion, acting superin-
tendant of the .Utah Highway Patrol,
radioed all cars.in the region and half
a dozen outlying stations to establish road
‘blockades to sift the flow of exciting
traffic. Descriptions of the suspects were
put onto both shortwave and commercial
“radio, requesting that people report all
possible clues at once, and try to main-
tain visual contact with either of the
suspects if they were. seen.

Meanwhile, in the heart of downtown
Salt Lake, Officers A. H: Thorpe, J. H.

den, and many others, were processing

No Canada or foreign orders accep’
Se oR, TS A AY ES RR ENN oe

possible informants.

oO:

Simonsen, Elmer E. Brinton, W. O. Cow- .

Gradually the flow of action emerged
from the pieced-together data. The car
had apparently been proceeding at .25 or
30 miles an hour, north on State Street in
the second block south of police head-
quarters. It had swerved widely, slowed
and then careened into a parked car fol-
lowing a muffled explosion that few per-
sons if any realized was the report of a
gun.

The officer had exited from the right
side, stumbling and reeling. The suspected
killer had left the other way, and the
girl, too. But they went separate ways.
The man crossed the stream of traffic
in .the street, the girl had come to the
sidewalk and mingled with the pedestrians,
to disappear among them.

The trouble was, the officers decided,
that all witnesses had been attracted first
by the car crash and second by Sergeant

'Farley’s distress, but one man finally pro-

duced what seemed to be a valid clue.
“I was across the street,” he’ said, “when
IT saw the crowd gathering and people
running toward the two wrecked cars. I
was about to catch a bus, which had just
pulled up, but then I decided to seé what
had happened and wait for the next one.
I thought it was odd at the time, but I
didn’t try to stop this one fellow running
away, when everyone else was running
toward the scene. But then he jumped on
the bus and I got the idea he was just
trying to make that schedule. It could
have been the killer.”

The witness added the number of the
bus he’d have otherwise taken, and a police
car was dispatched. at once to run it down
and question the driver on that particular
schedule. If the man had indeed caught
a southbound bus, and the girl had gone
to the next corner above to catch a bus
the other direction, then there was only
one route she’d have been able to take.
This line was also covered by a partol
car, the officers interviewing all drivers
en route.

But the other buses weren’t neglected.
_ The transit company was requested to
tadio-telephone their roving supervisors
for an immediate check of all drivers
going in either direction, who would have
been through the downtown area within
the past half hour.

The man had been wearing a distinctive
blue checkered sports coat and cream
slacks and was carrying something over
his arms and hands. The woman had been
‘described by one as bearing a slight re-
semblance to Ginger Rogers, the screen
actress. She had strawberry-blonde hair
and rather a nifty figure, he said.

It was hoped that by questioning drivers
at once, they might be able to recall
either of these people’ and give some idea
of where they may have left the buses they
might have taken. This would. narrow it
down to an area search if the escapees
didn’t just luckily find a car that could be
stolen easily, with the owner’s keys in it.

The fact that his handcuffs were missing
from Sergeant Farley’s equipment indi-
cated that he had probably handcuffed
the man, at least, when making the arrest.
Thus it was presumed that whatever the
killer carried over his forearms was
camouflage to hide the handcuffs, and
‘quite likely, also the death weapon.

While the clues on ‘the bus lines were

being SK
informat
through
cers.
The d

ters repc
and ah
woman h
on anott
what rot
injury.
She sa
to a man
and that
after he
trip.
Now, -
this man.
through tc
nified aga
seen by h
Name and
ments to
continuing
advised he
Positive ac
band until
-plaint was
through a
to headqua
that woulc
This she h;
The sign;
fied herself
being that «
violation ar
liquor-store
An office
her more <
with the m:
a photograp)
the scene of
Ogden po!
of course, ar
Hilton there
Don Jesse
Ogden for ji;
had been rus
pared with a;
car.

Data from
which wound
been from
seemed signifi

Contact wi
Produced fast
to be N. R.
Transit Comp
the man who
South and St:
tion which acc
the fugitive, D

Cortsen rep
* kept a coat fo
hands, and WwW:
agitated state
rode with Cort

“The light »
he made a las
closing door,”
drove on throu;

attention. Ther
highly keyed u;
his eyes.

“He made no
till, so I asked
-and he said *
rolling, I’m in ;
Paid in the se
Fifth South and


WILMA LENOMA TULLY—
Young woman shown above with Detective J. Ross Hunsacker
is expected to testify as a State witness against Don Neal.

Eighty minutes later, Sergeant Farley died
in the emergency ward of Holy Cross
hospital without regaining consciousness
or speaking another word.

N THE MEANTIME, Farley’s brother
officers in the peaceful Mormon capi-
tal plunged into the fastest moving
manhunt the city had ever seen. ;
The city police ambulance that whisked
the dying officer to the hospital was fol-
lowed by a covey of prowl cars and
squad vehicles carrying a score of police
officials into the downtown: area.
Heading the list of detectives assigned
permanently to stay on the case were
Plainclothesmen J. Ross Hunsaker and
Harold W. Clark, working under the di-
rect supervision of Detective Chief M.
D. McGuiness. Every officer available’
in the patrol division under Police Cap-

tain Fréd Lee was put into service, and_

emergency calls were placed to bring all
reserves into action.

Confusion reigned as the first men on
the scene attempted to piece together
the sequence of events. Witnesses to the
original collision, followed by the dis-
appearance of the man and the woman,
each going a separate way, had in some
instances continued on about their busi-
ness not realizing they had seen a slay-
ing taken place before their eyes.

Nobody had made an attempt to fol-
low either the man or the woman, as
each of them had blended into the shop-
ping crowds to vanish before Anderson

and other. witnesses discovered the truth
of Sergeant Farley’s plight.

The car, stalled by the collision, hadn't
been damaged beyond operation, and it
was quickly removed to police head-
quarters, where Chief L. C. Growther put

his top Identification Bureau men at work.

trying to salvage fingerprints and other
clues that might name either or both of
the two suspects.

The first jmportant evidence uncovered
was a .32 automatic’s empty cartridge,
found in the front of the car on the
floor. It was a standard American brand
of ammunition, fitting many. different
makes of .32 automatics, but ballistics
done with micrometers and photo micro-
graphy on the slug that killed Sergeant
Farley soon identified the weapon as an
Italian copy of a Spanish copy of one
of the Sam Colt guns developed under

Browning patents, and’ sold. the world .

over. Obviously ‘this was the death
weapon, although nobody. had heard the
sound of a shot.

An immediate broadcast was dispatched
over all police teletypes of Western states,
requesting a complete list of all registered
sales of this Italian-model gun in the
last few years. Local and State records
were checked also, but drew a blank.

Inasmuch as Sergeant Farley had ap-
parently been on foot at the time he
placed: the car’s: occupants in custody,
it seemed apparent to Detectives Hunsaker
and Clark that Farley ‘had not picked
them up ona traffic violation.

“That makes me think that Farley had
been looking for the car for some other
reason,” Detective Clark said. “We'd bet-
ter wire California for registration data on
it, and also start with the auto theft
bureau for up-to-date information on their
activities.

These two leads produced favorable
results. California Highway Patrol head-
quarters at the State capitol in Sacra-
mento promptly advised that the car was,
hotter than a two-dollar pistol and be-
longed, actually, to a West Coast drive-
it-yourself company. It had been rented
by a man about 30 years old under what
had now been established as a phoney
name, Don Stephenson, and it had been
ovedue on the rental contract for several
weeks. ;

* But, still more important, was the suspi-
cion that the missing car-renter had been
involved recently in a similar incident at
San Jose, California, where another po-
lice officer, Deputy Sheriff John Vanepps,
had been wounded during a gun battle
that followed the brazen daylight robbery
of a liquor store. :

It was thought the gunman might pos-
‘sibly be an ex-convict wanted for parole
violation and several other counts of
armed robbery, a 31-year-old badman
whose real name was Don Jesse Neal,
also indicted for dozens of bad checks
strewn. widely through the West..

A good+looking blonde was
for questioning, too, in the San Jose case,
as driver of the getaway car. However,

wanted |

DON JESSE NEA|
At right, quizzec

the woman’s true
‘and the clue was
Neal was known
with some evil ¢
tain giddy types
casually as he ¢;
tired of their fay
that he lost inter:
Despite the ot
a detail was assi
checking all mote
either of the sus
Stephenson, had
ters locally. This
but Detective Chie;
Chief Crowther k;
off with the one in
to wind up a case
; As -reserves wer
information develo;
Sergeant Farley's
Suspects into custo<
bal Records revealed
from Ogden’s Chi:
Schoof, the day bet
alert on a 1951 mo.
fornia license, bearir
not identified. The
had been shot fitted
color description of
used after an armed
Just 24 hours befc
Stanley Motel in Og
at gunpoint and $20

_ ager, Mrs. George \

%
£


r data. The cat
ceeding at .25 or.
on State Street in
of police head-
-d widely, slowed
a parked car fol-
sion that few per-
is the report of a

ed from the right
ing. The suspected
her way, and the
ent separate ways.
stream of traffic
had come to the
vith the pedestrians,
em.
ie officers decided,
been attracted first
second by Sergeant
ne man finally pro-
o be a valid clue.
set,” he’ said, “when
‘thering and people
wo wrecked cars, I
bus, which had just
decided to seé what
ait for the next ones
d at the time, but I
s one fellow running
ie else was running
it then he jumped on
the idea he was just
t schedule. It could

d the number of the
ise taken, and a police
't once to run it down
‘ver on that particular
an had indeed caught
and the girl had gone
above to catch a bus
then there was only
ve been able to take.
covered by a partol
aterviewing all drivers

uses weren’t neglected.
any was requested to
eir roving supervisors
check of all drivers
ection, who would have
downtown area within

sen wearing a distinctive
‘ports coat and cream
arrying something over
is. The woman had been
as bearing a Slight re-
ager Rogers, the screen
“strawberry-blonde hair
figure, he said.
vat by questioning drivers
jight be able to recall
sople and give some idea
‘y have left the buses they
1. This would narrow it
a search if the escapees
find a car that could be
+h the owner’s keys in it.
iis handcuffs were missing
Farley’s equipment indi-
had probably handcuffed
t. when making the arrest.
ssumed that whatever the
over his forearms was
hide the handcuffs, and
o the death weapon.
ues on the bus lines were

: action emerged” >

4

read

woman had stopped a police officer already
on another assignment to. make a some-

what routine report of fear of personal.

injury.

She said that stie “had been married —
to a man she feared greatly, and had left;

and that he had threatened to kill her
after he had returned from a California
trip. ,

Now, unexpectedly, she had. just seen
this man, with another woman, walking
through: town, and all her fears were’ mag-
nified again at the shock of almost being
seen by him: The officer had taken her
name and address, and reported her state-
ments to headquarters by phone: before.
continuing with his assignment. He also
advised her, that he could not take any
positive action against her erstwhile hus-
band until or unless some positive com-
-plaint was sworn to and issued properly
through a court. He advised her to go
to headquarters and make out a complaint
that would permit legal police action.
This she had not done. j

The significant thing was that she identi-

fied herself as a Mrs. Don Neal, the name .

being that of the suspect wanted for parole
violation and questioning in the San Jose
liquor-store shooting. aes

An: officer was dispatched to question
her more closely about her association
with the man, and to obtain, if possible,
a photograph to be shown to witnesses at
the scene of the crime.

Ogden police had been alerted at once,

of course, and a phone call to Lieutenant
Hilton there revealed. that the Californian,

Don ‘Jesse Neal, was once booked in’,

Ogden for investigation. A set of prints
had been rushed to Salt Lake to be com-
pared with any latents found in the death
CAL:

Data-from San Jose identified the bullet’

which wounded Deputy- Vanepps.as having _

been from an Italian .32, which also
seemed significant at the time.

Contact with the bus driver had also
produced fast returns. This man proved
to be N. R. Cortsen, of the Salt Lake
Transit Company. He not only recalled
the man who boarded his bus at ‘Third
South and State, but he gave a descrip-
tion which accurately seemed to fit that of
the fugitive, Don Jesse Neal.

Cortsen reported that the suspect had
kept a coat folded over his forearms and
hands, and was in a very nervous and
agitated state during the short’ time ‘he
rode with Cortsen.

“The light. was about to change when
he made a last second leap through the
closing door,” ‘Cortsen feported, “and I
drove on through before I paid him much
attention. Then I could see that he was
highly keyed up and had a wild look in
his eyes.

“He made no effort to put a fare-in the
till, so I asked him if he needed change

-and he said ‘No, just keep this crate

rolling, I’m in a hurry.’ When he .hadn’t
paid in the second block I stopped at
Fifth South and let some other passengers

“beer stand’ there. ©

_-just drunk or. a dope addict, or I'd have

working out. of the area,..and a. foot-by-

: realizing that he -had just committed a

of flight, so the searchers realized that

“T didn’t ‘realize, of course that there’d
been a shooting; I thought maybe he was

stayed’ right on the trail after him.”
“It’s a. good thing you didn’t,” Cortsen

was told, “or you might have gotten shot

for your trouble.”. | Teh ae

OST available reserves were now con-,
“centrated in the section of downtown
"Salt Lakelin the vicinity of Sth South.
.Fast-ranging, patrols. started fanning out
to corral the fugitive if. he was on foot

foot area search was begun through the
alleys and many apartments and: small
stores and cafes and garages in the region.

Employes at the A & W root-beer stand
led police to a new informant, Mrs. Ronnie
Beck, who had experienced an unpleasant
encounter with the gunman, though not

crime and was trigger-happy crazy.

. Mrs. Beck had been sitting in her car
at the drive-in stand, having a root beer
when, the fugitive ran up to the door and
jerked it open. Sipe

“Get out of there!” he said, “Get out
of there!”

Mrs. Beck, followed instructions, but
palmed the key ‘and slid out the other
side. When he saw the car had been ren-
dered temporarily inoperative he glared at
the woman a minute, said; “I ought to
kill you for that!” Then he ducked around
the corner of a building and out of sight.

.When shown’a photo of Neal that had
b&éen provided by his ex-wife, Mrs. Beck
tentatively identified it as the same man-
So did the bus driver.. When a fingerprint
in the death car matched the mug prints
from Ogden on Neal, the police knew
they had their man identified. But who
was the woman? And where had Neal
gone? ;

With guns- drawn, the officers kept
searching the\lower end of the downtown
district. There were thousands of places
in a few blocks where the fugitive might
be holed up out of sight waiting until
dark to make a break. And the gun hadn’t
been turned up anywhere along the line

their quarry was armed with a straight-
shooting, hard-hitting weapon.

The name of Don J. Neal turned up
on a hotel register in the zero hundred
block. ‘east on Third South, but although
it seemed sure that Neal and his blonde
companion had spent the night there, they
had left nothing behind them in the way
of substantial clues except a water. glass
that had lipstick on the edge. This was
carefully preserved for fingerprint experts,
on the long chance that the strawberry
blonde might be identified from a police
record, if just a few good prints could
be lifted from it. :

The examination of all buses drew a
blank on the woman, and the search was
concentrated for the man. Radio broad-
casts of the description and the search
soon had hundreds of volunteers at work,
some of them armed, others not armed.
One of these latter was the paint-shop
foreman for the Streator Chevrolet Com-

pany between 4th and Sth South Streets

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f the getaway car.

ne think that Farley had
- the car for some other
ve Clark said. “We'd bet-
lia for registration data on
art with the auto theft
,-date information on their

leads produced favorable
nia Highway Patrol head-
+ State capitol in Sacra-
y advised that the car was.
two-dollar pistol and be-
y, to a West Coast drive-
ipany. It had been rented
it 30 years old under what
1 established as a phoney
ephenson, and it had been
rental contract for several

yre important, was the suspi-
missing car-renter had been
itly in a similar incident at
lifornia, where another po-

veputy Sheriff John Vanepps,

vunded during a gun battle
the brazen daylight robbery
tore. .

ight the gunman might pos-
-x-convict wanted for parole
d several other counts of
ery, a 31-year-old badman
name was Don Jesse Neal,
| for dozens of bad checks
y through the West.

blonde was wanted

ooking
ing, too,

in the San Jose case,
However,

ers oe eT

‘

DON JESSE NEAL— °

At right, quizzed by Detectives Hunsacker and Clark on slaying of Sergeant Farley.

the woman’s true identity was not known,
‘and the clue was not significant iri itself.
Neal was known to be a “ladies’ man”
with some evil genius for attracting cer-
tain giddy types of women as easily and
casually as he cast them off once he’d
tired of their favors—and it was known
that he lost interest fast.

Despite the other demand pressures,
a detail was assigned at once to begin
checking all motels and hotels to see if
either of the: suspect’s: aliases, Neal or
Stephenson, had appeared on hotel regis-
ters locally. This was a long hard grind,
but Detective Chief McGuiness and Police
Chief Crowther knew that it often pays
off with the one important clue they need
to wind up a case. ;

As reserves were contacted, additionaf
information developed important data on
Sergeant Farley’s purpose in taking the
suspects into custody.

‘Records revealed that a personal call
from Ogden’s Chief of Police Maurice
Schoof, the day before, had asked for an
alert on a 1951 model sedan with a Cali-
fornia license, bearing a man and a woman
not identified. The car in which Farley
had been shot fitted the make, model and
color description of the getaway vehicle
used after an armed robbery in Ogden.

Just 24 hours before Farley’s death, the
Stanley Motel in Ogden had been» robbed
at gunpoint and $20 stolen from the man-
ager, Mrs. George Whiting. Mrs. Whiting

described the car and its occupants, and
the descriptions fitted the data available on
the people who ran from. the South State
shooting ‘scene following the collision.
That. car—wanted in Ogden—had been
spotted in Salt Lake late Tuesday night,
only a féw hours after Farley had received
word that it was wanted. But it’was just
parked on the street, empty. :
As head of the auto theft bureau, Farley
had also already received data on its being
wanted for the CHP, ATB, and so of
course he had assigned the men on his
detail to the: monotonous job of watching

the car.

Realizing that the suspects would prob-
ably leave town as soon as they returned
to the car, -Farley: directed that the
surveillance be kept constant. ‘That, in
itself, made the vigil a. hazardous one,
for Salt Lake’s valiant. police commissioner,
Ben Lingenfelder, had been fighting a long
and unsuccessful battle against public in-
difference to expand the city’s badly under-
manned department.

Even staking out on a known desperado,
it became a one-man stand, in the short-
handed . police details of the Mormon
capital city. With one-man patrol cars
admittedly multiplying the dangers risked
by patrolmen, the department heads had
no choice but to take those cha es and
hope for the best.

And as the vigil dragged out into the
next afternoon, it was Sergeant Farley

ted ‘er
BSALT LAKE CITY—
Where Sgt. Farley was shot.

who left his other. responsibilities as di-

rector of the auto theft bureau and
relieved the lookout. That meant there
was no other officer to cover him, or to
radio headquarters when the suspects had
returned.

The bitterness with which the police
on the case pursued their investigation was
undoubtedly heightened by their hopeless
anger at the situation, and by still another
fact—Farley’s popularity.

T 37.YEARS, the sergeant had been
on the force for a decade and was one
of the most versatile and capable men

~in uniform. A teetotaler who neither drank

nor smoked, and who eschewed both tea
and coffee in keeping with the Latter Day
Saints church covenants in the Word of
Wisdom, Farley was also an active church
and Boy Scout leader already slated for
an important future in church affairs in
the Wells Latter Day Saints ward where
he also coached the basketball team and
kept in youthful trim as a leader in all
athletic activities.

Also, Farley had three children, still
in school and needing both his support and
his company as the ideal sort of. person
that a father should: be and could be
when he has the devotion and love that
Sergeant Farley extended to his family.

So the usually friendly and easy-going
Salt Lake cops were a hostile and em-
bittered crew as they tried to hammer a
few solid clues out of the manifold con-
flicting stories (Continued on page 52)

17


19 say to help us out a bit.”
Through the door of the prisoner’s

cell Vetters called, “Say, Roedl, you

were mistaken.” :
The man lifted his head from the

bunk where he had been relaxing.
“Mistaken about what?”

He'll Sign

“Ritchey says he is more than will-
ing to sign a warrant and you'll be
sent up for a long time.”

Roedl leaped from his: bunk as if
he had been stung. “He said that?
Let me get to a telephone. I'll...”

“Take it easy,” the sheriff broke
in. “You don’t have to telephone
anyone. And where you're going you
won’t need to for a long, long time.”

Leaving Roedl shouting threats,
Vetters strode back to his office and
eased himself down into his leather’
chair.

“The stew is coming to a boil,” he
told Durgin. “That guy really has
something hot on his mind and he'll
spill it soon.”

Vetters was right. Within the hour
he received a call from Roedl. The
sheriff wandered back to his cell
again. This time the prisoner was
eagerly hanging against the bars.

“Listen, sheriff, I must get word
to LeRoy,” he said.

“Who’s LeRoy?”

“LeRoy Ritchey, the brother of the
guy that owns the truck.”

“Why?”

Roed1 shook his head. “Never mind.
I just want the word passed on to
LeRoy Ritchey that no charge is to
be filed against me. Or else... .”

“Or. else what?” asked the sheriff.

The prisoner’s face stiffened into
a mask of hate. “Just tell him ‘or
else,” he growled.

Back in his office Vetters hurriedly...

called a consultation with Fred Cohen,’

Kitsap County’s energetic and “able
young prosecutor. sae

“Fred, I think I’ve got a murder
for you,” he announced.

“What makes you think so?”

“Why, the way this fellow threat-
ened Ritchey’s brother,” Vetters said
after he had outlined the facts of the
case. “And then there’s the business
of his being so confident he won't
go to prison. I think he’s really hiding
something big, and the biggest thing
I can imagine is murder.”

“Should we jail this LeRoy Ritchey
now?” asked Durgin.

The sheriff shook his head de-
cisively. “No. If they’re both in jail,
Roed! will realize that LeRoy -hasn’t
a chance of getting him out by per-
suading his brother not. to. sign’ that
warrant. He'll. shut up* tight. . The
thing to do is find sus something
about LeRoy.” sie

Two in a Ford

Cohen and Deputy Prosecutor
Harry Hazel obtained important | in~
formation within an hour.

“We couldn’t find .GeRoy,” Cohen
reported, “so we talked to Harold.
He told us LeRoy’s out on a job. now.
Before that it seems he’d been away

APRIL, 1943

for Some time. He came home sev-
eral weeks ago and brought Roedl
with him.”

Sheriff Vetters snapped his fingers.
‘This ties Roed] and LeRoy together.
How did they get here?”

“They were driving an old model
A Ford,” the prosecutor related. “And
here’s a strange thing, sheriff. Al-
though they came from the Midwest,
I'm told the car had a California
license.”

“Now we've got something to work
on,” said Vetters. “If Roedl and
Ritchey had that car, why did Roedl
take the truck when he tried to
leave? Let's talk with him and see
what he-has to say.”

Roedl was brought to the prosecu-
tor’s office and questjoned by Cohen,
Vetters and Deputies: Charles Bow-
‘man and Cliff Sergeant.

“Cohen rapidly outlined the facts
which had caused the sheriff to think
Roedl was involved in some serious
crime. A

“You've obviously been up to some
deviltry. You’d better come clean,” he
urged.

“Furthermore,” Vetters added,
“when we pick up LeRoy Ritchey,
we'll check on those California license
plates, and I think they may tell us
a few more things we want to know.”

Sweat beaded Roedl’s forehead.
Then he wilted.

“LeRoy Ritchey killed a woman,”
he. whispered.

“Where?” demanded Prosecutor
Cohen.

“I—I don’t know even though I was
there. It was some place southeast of
Salt Lake City. This lady had given
us a lift when we were hitch-hiking
west. LeRoy hit her over the head,
and we robbed her and took her car.
I don’t know who she was.”

The Kitsap County officials imme-
diately went to work to unravel the
murder they had solved in reverse—

‘to find the name of the victim and

the place of the crime.
Sheriff Vetters sent out a pickup
order for LeRoy Ritchey, who was

. arrested at a lumber yard near Silver-

ton, Wash.

Prosecutor Cohen wired Utah au-
thorities, describing the crime as best
he could from Roed|’s story.

An answer was flashed back by the

Federal Bureau of Investigation in
Salt Lake City.

Body Found

On October 13, 1942, the body of
Mrs. Abigale Agnes Williams, 48, of
San Leandro, Cal., had been found in
a ditch beside a lonely highway in
the Uintah-Ouray Indian reservation
in eastern Utah.

. Her faithful dogs had been guard-
ing the corpse. It . was identified
through: the numbers, on their tags
.Which had been issued in California.

Because the murder took place on
federal land, the FBI was in charge
of ‘the case.

The Ford car in Ritchey’s posses-
sion when he was apprehended in
Silverton was the one stolen from

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61

Ame

%%
ed his
Port oa to drink with war workers in Bremerton taverns?
eputy Sa Maybe it was the Oklahoma City laborer who had gone
for a solo joy ride in a stolen truck.
uired Or perhaps it was the bewhiskered Arkansan from
Bremerton’s trailer town who had tossed his mother-in-
‘xpe- law out in the rain.
‘cep- “I give up, chief,” Durgin grunted. “Who’s the big-
pen. timer in our jail?”
enty Vetters’ eyes twinkled. “Do a little detective work, Dur-
oom gin,” he urged. “Think now—how are those prisoners
; acting?” ha
dar, | “The dame is mad as a wet hen. She’s threatening to
had sue everyone.”
irly The sheriff nodded. “Right. Go on.”
ross | “The fellow who socked his mother-in-law is howling
sh- | for his wife. The guy who stole the truck is behaving
| ‘shimself, just taking it easy and humming. The badman
ose who fired the six-shooter is nursing as pretty a hangover
or- | as you ever saw.”
“That’s what I gathered when I walked through the
cellblock this morning,” agreed the sheriff, crossing his legs
ad comfortablytand leaning back in his chair. “Now, Durgin,
suppose you’were thrown in the clink—how would you
; o”
bs e The Happy Prisoner
“I'd yell for a lawyer, of course,” said the deputy.
c Vetters beamed approvingly. “That’s fine! You're a real
~ detective, my boy. I knew you'd get it.”

“But who is it?” persisted Durgin.

“The Oklahoman, of course.”

“The man who stole the truck?”

“Certainly,” said the sheriff. “He’s acting as calm as a
papoose on a squaw’s back. All the other prisoners want
to get out, but not this what’s-his-name. He sits there
smoking contentedly. I don’t think we could budge him
if we gave him a new set of tires and a C card for gasoline.”

Durgin’s face lighted. “So! The guy is happy to be in
here because the heat’s on him for some other crime?
Our jail is a fine place for him to stay until things cool
off. Is that it?”

Vetters wagged a finger reprovingly. “Take it easy:
That is a possibility, yes. But even so, remember there
is a stiff penalty for stealing trucks, Possibly’ he thinks

Wea er someone will spring him. That seems much more logical
ee ‘ to me.”
“And maybe the guy just likes jails,” Durgin retorted
caustically.
“Let’s look over his pedigree,” the sheriff suggested
hopefully:

Durgin stepped outside the sheriff’s office to a filing
cabinet and brought back a typed card. It was a compre-
hensive document, much more complete than the usual
county jail record. ‘

“This fellow gives his name as James Joseph Roedl,”
the deputy reported. “He’s 26 years old and hails from
Oklahoma City.”

“Let’s have his record.”

Durgin, looked up in surprise. “How did you know he

- had one?”

“By how calm and easy he took the whole thing. He
just found a good bunk and made himself comfortable—
like that Skelton comedian on the radio who says, ‘Well,
here I am again.’ This RoedI! is what crooks call stir-wise.”
~<"“He.does say he has a record,” Durgin replied, studying
the prisoner’s card. “Admits he was locked up for forgery
down in Oklahoma.”

‘Now tell me about his arrest,” Vetters directed.

“At 3:15'on the morning of November 8 Harold Ritchey
of Traceyton, five miles out of Bremerton, reported a theft.

“Ritchey came home from a dance and found that some-
one had broken into his house and (Continued on page 60)

APRIL, 1943 ° ; 13


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Suspicion of
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(Continued from page 13)",

’

taken two rifles, #*suit of clothes and
a few cents from a penny bank. Then
the burglar fled in Ritchey’s 1937
Chevrolet pickup truck.” :

Caught Speeding

“How was he caught?” asked the
sheriff.

“A radio broadcast went out. But
in the meantime Roedl had been
picked up in Olympia, south of here,
for speeding in Ritchey’s truck. He
was brought here the next day.”

“Speeding!”” exploded Vetters.
“Speeding in that old wagon?”

Durgin grinned. “Sure, chief. Don’t
forget the wartime 35-mile limit. The
state patrol is watching it mighty
close.”

Vetters rocked slowly back and
forth in his chair. “That burglary
is still more proof. that this Roedl
fellow has something on his mind,”
he said finally.

“Why?”

“Consider the naturé of the loot.
He took a suit; probably needed it
for himself from the looks of the
overalls he’s wearing. He took guns
—obviously to defend himself if pur-
sued. Most significant was the theft
of the old truck.”

“I don’t get it.”

“It’s this way,” Vetters explained.
“If he had simply wanted a car, he
would have stolen a new one. There
are hundreds around Bremerton he
could have had. But instead, he took
that old truck when he tried to get
out of the county. That is odd.”

“Maybe he wasn’t leaving the

county.”

Vetters shook his head. “He was
heading directly south; miles from
here he was still speeding. If he
hadnt been picked up, he would
havé been to-heck-and-gone in Ore-

gon or California by now. Why was.

he heading south?”
“For a job in California,” suggested
the chief deputy, - ' Ras,

“That won't hold, water. Hundreds ;

of jobs are open} ‘right here, and the
pay is higher’,“than in California.
You'd better bring that young fellow
in. We may learn something.”

Roedl, a_ smiling, good-looking
young chap, was ushered into the
sheriff’s office. ’

Vetters eyed him narrowly. “You
seem to be taking your stay here
mighty easy,” he observed. “Do you
like being in jail?”

Roed! shrugged his shoulders.

“No, I can’t say that I do. But
it’s not so bad either. Nice warm
building, pleasant cellmates, good
pes There are worse places than
jail.” ;

But you won't be here forever,” the
sheriff pointed out. “You're going to
be charged with auto theft. + hen

pide Ser" ’

+

Sign it.

oft
ey

“eo

you'll go to the state penitentiary at

Walla Walla. And believe me, son,
that’s no playhouse.” ;’
No J Gharge?

Roedl smiled ‘confidently. “Oh no,

.I won't.”

» “Why not?”
“cs

«Because no charge will be filed

“ agaist me.” ,.

Sheriff Veétjers lopked intently at
the prisoner. “Are you crazy?” he
demanded. ¥+.“‘¥ou. stole a truck and
were caught,redhanded with it. Now
you say. there'll be no charge... That
doesn’t make sense.” ,

Roedl’s grin broadened. “Yes, it
does, sheriff,” he said easily. “The

man who owns that truck won't

prosecute me. You'll see.”

“You bet we’ll see,” Vetters said
grimly.

Roedl was sent back to his cell.

“That fellow’s attitude is completely
off-line,” the sheriff told his deputy.
“I’m sure now he’s mixed up in some
serious crime. We never had a thief
take such a nonchalant attitude.”

“So what’s our next step?” Durgin
asked.

‘Talk to Ritchey. Find out if

theie’s any reason why he doesn’t -

to press a charge for the theft
ig truck.”

“*And what about Roedl in the
meantime?”

“Let him alone,” the sheriff di-
rected. “A day or so in jail loosens
many a tongue, and he may tell
plenty if he finds that he isn’t going
to get out right away.”

The following day the chief deputy
gave Sheriff Vetters a full report on
Harold Ritchey. “Seems to be okay,”
he announced. “He lives with his
wife, kids and a younger brother and
makes a good living as a welldigger.”

“It doesn’t seem to me that would
be a prosperous business,” the sher-
iff observed.

“But remember,” Durgin pointed
out, “that hundreds of new homes
for war workets are being built all
over the county and -every one of
them needs a well.”

“What does Ritchey say about sign-
ing a complaint against Roedl for

Stealing the truck?”

“That’s all right with him. He'll
He’s burned up about the
whole business because Roedl once
dug a well for him.”

The sheriff slapped his thigh. “Now
we’re getting somewhere!” he ex-
claimed. “So Roedl worked for
Ritchey. How long, I wonder?”

“About two weeks.”

Vetters nodded. “That’s the reason
he took that particular truck. He
evidently knew it would be unlocked,
or else he had an extra set of keys.
But it doesn’t explain why he thought
Ritchey wouldn’t file a complaint
against him.”

“I can’t figure it out either,” Durgin
scowled.

The sheriff hauled himself out of
his chair. “Well, Roedl has been
cooling his heels for a day now. I
think I'll mosey back and stir him
up a bit. He might have something

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Mrs. Williams. He had not even taken
the trouble to discard the California
license plates registered in her name.
In the back seat was a blanket cov-
ered with dog hairs. |’

LeRoy Ritchey, was ‘clpsely ques- -»

tioned by Vetters‘and Cohen. ‘He was
a bushy-haited man of 25, poised and

‘confident. He said his home was in

Gourie, Ia. ; .

In his presence Roedl repeated his
story, which he later signed’.as a
confession. gs:

“We started from Grand Island,
Neb., some. time ago and hitched our
way west,” he said. “This woman
picked us up near Boulder Dam. She
was heading for San Leandro. We
rode with her a couple of days. I was
asleep in the back seat at night when
I was awakened by screams and saw
LeRoy beating her over the head. He
threw her out of the car, and we took
her valuables and drove on west.”

Ritchey scowled. “You're nuts,
Roedl. Why, gentlemen, he picked me
up in that car in Wenatchee, Wash.,
just a few hours from here and
brought me on to the Coast. I wasn’t
in Utah with him; I know nothing
about. this murder,”

Roed|’s eyes gleamed with hate. “I’l]
prove you killed her,” he hissed and
turned to Cohen and Vetters. “Ritchey
was fascinated by a crucifix she wore.
He took it from her for a good luck
piece. He's carrying it now,”

“Search him,” snapped the Prose-
cutor.

A deputy reached into Ritchey’s
coat pocket and tossed a jeweled
crucifix on the table.

Ritchey looked at it weakly, and
then his lips closed in a thin, white
line.

He talked later to the FBI in Salt
Lake City, and they released a grisly
account of a cold-blooded murder, in
which a love song of a few years past
proved to be a dirge.

According to Ritchey’s signed con-
fession, the murder was carefully
planned. Roedl gave the signal by
aneing. a few snatches from Love
Letter$"in the Sand, a romantic ballad
which was popular a few years ago.

“Then,” Ritchey swore, ‘“Roedl

started the attack by hitting Mrs. Wil. |
- liams over the head with a hammer.”

With the conflicting confessions of
James Joseph Roed! and LeRoy Ed-
ward Ritchey in’ its possession, the
government is planning to try them
for first degree murder—for a. crime
which might never have been solved
if a:Western sheriff had not relaxed
in his chair and let shrewd deduction
take its course. .

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>

 Clue_of the
Hotel Key

‘(Continued from page 19)

ee Ag :

"At 2:12 P.M;..0on ‘Tuesday, August
25, Wade. “Bé¢ckwald died: Thirty
minutes later District*Attorney Wiley
filed a. first” Bite murder charge
against Farrington G. Hill.

Big . Buck’s ‘passing outraged the
residents of the resort city. An in-
dignant public demanded speedy pun-
ishment of the killer.

‘Hill was transferred to the county
jail where Wiley, Chief Mackey: and
Chief Deputy Sheriff Glen Jones took
turns questioning him about the hold-
up-murder.

Mackey reviewed the evidence
against Hill, and after three hours of
grilling the suspect cracked. -“You’ve
got me this time. I might as well
admit I shot him. I figured it was
him or me, so I let him have it.”

“Do you want to make a state-
merit?” Jones asked.

;Sture, why not? I bumped off an-
othér’guy a while back, too, the night
clerk‘iti the Garden of Allah Hotel in
Los Angeles. He didn’t want to pay
off either.” :

Wiley summoned a court reporter
and Hill made a complete confession.
The slayer admitted using several
aliases.

Deputy Jones phoned Captain Ed-
gar Edwards of the Los Angeles
homicide squad. Edwards reported
that Hill’s story of the hotel murder
fitted exactly with the known facts
surrounding the shooting of Carl Al-
dinger, 50-year-old night clerk in the
Los Angeles hostelry.

In Los Angeles Hill was officially
charged with the murder of ‘Aldinger.

With two murder charges against
him there seemed little chance that
the ex-con would escape punishment.

Hill was taken before District Judge
George E. Marshall in Las Vegas. The

.youthful killer expressed a desire to

plead guilty to the Buckwald murder,
but because the offense was a capital
crime Judge Marshall refused to ac-
cept:the guilty plea, and ordered Hill
placed on trial.

On the morning of October 21 the
slayer escaped from the Clark County
jail by climbing through a ventilator
chute from the basement prison to the
top floor jury room. There he found
a heavy piece of insulated wire. He
fastened the wire to a radiator, threw
the free end out the window and slid
to the graund.

On November 20, 1942, the fugitive
was captured near El Paso by United
States Border Patrolmen, and re-
turned to Nevada.

On December 31 he managed a
second escape from the Clark County
jail. At the time of this writing he
is still free, but agents of the FBI
are on his trail and sooner or later
retribution is sure to overtake the
curly-headed gunman.

FRONT PAGE DETECTIVE

et

Qt mw try a


“T put the gas in the tank and one of
these fellows said that much wouldn’t
take them very far and she said that
couldn’t be helped. It was all the money
she had, she said, and she didn’t know
if they’d ever get to California or not.”

“Is that the way she expressed it?”
Snyder asked. “Did she use the plural,
like they were all together ?”

“That’s the way she talked.”

“They seemed to know each other
then ?”

“T suppose so. I didn’t give it a lot of
thought. I was more interested in the
dog. It was a tough little mutt and kept
snarling and growling around.”

“Did it snarl at either of the two men,
or did it hesitate about taking food or
water from the men?”

“T wouldn’t want to say, Sheriff. All
I know is the dog did a lot of snarling.”

“Did the woman act scared or any-
thing ?”

“No; she didn’t. Only thing, she didn’t
get out of the car, She just sat there,
holding her purse in her lap. She had a
dollar bill in her hand and paid me with
that. She seemed to be the boss. T. mean
she told them what to do and she was
driving and handling the money.”

“Was there much luggage in the car?
What I really mean by that,” Snyder ex-
plained, “were there any men’s, bags in
the car or were there any bundles, such
as a hitch-hiker would carry?”

“TJ didn’t notice, Sheriff, but they
were dressed pretty rough and they both
needed shaves. Of course that might have
been because they’d driven all night.”

Now the sheriff had still another pic-

ture. The murdered woman had been
traveling with two men—or so it would
appear. She was broke and so were the
men, At least, that also appeared to be
the case for the woman proclaimed her
financial condition and one of the men
remarked that they would not get far.

If that were the case, would they have
killed her for an almost worthless car
that had but a few miles of gasoline in
the tank? How far, in this thinly settled
country, could they hope to get without
money and without gasoline?

More important, if the indicated strug-
gle eight miles out had anything to do
with this business, who had struggled
and why? Certainly that frail woman
could not have struggled long against

“two young and husky men and there

had been a battle and a rough one out
on the highway.

OULD someone else have held up all

4 three of the occupants of Mrs. Wil-
liams’ car?

Sheriff Snyder walked across the street
to the cafe and checked on the man who
had asked for scraps for a dog. The man-
ager described the man much as Leo
Wise had done. Moreover, he declared
the man had asked for scraps for his
dog.

The whole thing was a maze of ques-
tions without answers. Sheriff Snyder
did the only thing sensible and that was
to send wires to peace officers through-
out Utah and Idaho, describing the car
and the men. But this presently looked
like the wrong tack, when an employe

of a bank stopped him with information
indicating the car had gone in another di-
rection—toward Colorado. ;

“It’s pretty well known that you're in-
terested in a Model A Ford,’ he said.
“T saw one with a woman and two men
in it. It had out-of-state plates and came
through town on Highway Forty, headed
east about eight-thirty this morning.”

“What sort of plates—what state?”

“California, I think.”

“Young men, old men or what?”

“They were all young—the men and
the woman,” he said.

If the two young men seen with Mrs.
Williams were her killers it would be a
smart move for them to have doubled back
after the crime. But where would they
have picked up another woman? Could
another woman have been asleep in the
car while Leo Wise serviced it—or had
they picked up a woman hitch-hiker that
quickly ?

One thing positive, the Model A had
little gasoline in it when it left Vernal.
Eighty cents doesn’t buy much gasoline
in the mountains and Wise had said the
tank ‘was practically empty when the car
drove into his station.

There were few towns nearby and
Snyder at once sent men out to check
the service stations in these. Wherever
possible he called the town officers on
the phone and asked them to do that job.
With any luck he should shortly know
in which direction the murder car had
gone and who was in it.

It was determined that Mrs. Wil-
liams had been dead 12 hours when

[Continued on page 51]

Residents of the county seat, Vernal, Utah, were shocked by the callous crime which had occurred so close to them. It was here

that the law forces got on the trail of the vicious killers of Abigale Williams and tracked them down with the aid of the FBI.

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january 7,

found—the autopsy proved this. She had
been in Leo Wise’s station aroun
o'clock in the morning. She had been
killed shortly after that. If the killers
had come back through Vernal that meant
a 52-mile loop, driven on short gasoline.
They'd have to stock up somewhere and
that not far from town,

If they had kept on westward, they
could not have made over 100 miles before
buying gasoline or abandoning the car.
Either direction, the place where this
operation occurred could be mapped out.
The mileage possible from the gasoline
on hand simplified the check and the
scarcity of towns made the job still
easier.

This line of investigation brought im-
mediate results: a Model A Ford was
stopped just over the Colorado line. It
bore California plates and carried two
men and a woman. The men claimed to
be brothers and the woman the wife of
one, They said they were from California
and were headed for a war construction
job at Salina, Kan., the woman’s home
town,

Utah and Colorado officers checked the
car inch by inch and could find no evi-

dence of a struggle, no blood in the car .

or on their clothes. There were no dog
hairs on the upholstery and if the car had
belonged to Mrs. Williams there should
have been.

This was unquestionably the car the
bank employe had, seen and they were
as unquestionably innocent of the mur-
der. They were thanked for their coop-

The Terrier Tells

[Continued from page 30]

eration and allowed to go on their way.

‘Almost immediately after this it was
found that two men driving a Model A
had filled the gasoline tank at a station
90 miles west of Vernal. This had been
between .7 and 8 o'clock that morning.
This car also bore California plates and
the description of the men matched those
who had been scen with Mrs. Williams
by Leo Wise.

A few minutes after this information
came in, a wire arrived from the police
of St. Paul, Minnesota. Mrs. Abigale Wil-
liams had left ‘her relatives there five
days previously and headed for California
alone. She had never been known to pick
up strangers.

It was now past midnight. In an in-
credibly short time Sheriff Snyder had
gAthered the loose ends of the mystery.

Mrs. Williams must have picked up
strangers. She had been killed west of
Vernal and the car had been driven on
west. The killers had money, either of
their own or taken from their victim.
They had several possible roads to take,
but not until they reached Provo. From
there they could go on to Salt Lake City,
then west on U. S, 40 to Sacramento and
become lost in a maze of California roads ;
or they could leave Salt Lake City for
Idaho, cut back from Salt Lake City
to Wyoming and back down to Denver
and the east—or they could drive south-
west out of Provo on any one of three
good roads leading, eventually, to South-
ern California, Hight possible routes were
open to them.

Two things were in the officers’ favor:
regardless of the route taken, after the
killers reached Provo, they would be
forced to travel hundreds of miles
through desolate country. At the mo-
ment, due to the rubber shortage, few
cars were on the highways and there
should be little difficulty in picking up
their trail and sticking to it—at least
until California, western Oregon or west-
ern Washington was reached. This,
granted the killers went that far and
kept the Model A Ford with them.

The body of Mrs. Abigale Williams had
been found Tuesday, Oct. 13; 1942, The
following morning Sheriff Snyder talked
for half an hour over the phone to Jay
C. Newman, agent in charge of the Salt
Lake City office of the Federal Bureau
of Investigation, laying the particulars-
before him. ‘

“1 don’t know if this is your case or
mine,” Snyder said. “If she was killed
near where she was found, it belongs to
you because that’s government land, I
think she was killed there, matter of
fact; I think the evidence of a fight out-
side town eight miles has to do with some-
thing else—maybe two or three drunks
had a go-around.”

Newman congratulated the sheriff on
his efficiency and speed. He said, “No
matter whose case it is, we want the kill-
ers and chances are they’ve crossed a
state line with that car long before this.
We'll work together. We shouldn’t have
a lot of trouble getting those men—not
if they hang on to that Model A. Of

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51


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52

course if they abandon it, that will run
into something else. But we'll see.”

Before the day was over the FBI had
established definitely that the car bearing
the killers had crossed into the state of
Idaho. For a considerable distance the
ee was wide open—then it was suddenly
ost.

In the thickly settled regions around
Boise, Payette and Weiser, the famous
Idaho potato harvest was in progress and
many thousands of itinerant laborers
filled the countryside. Thinking perhaps
this had drawn the killers—for the trail
had been lost nearby—FBI, county and
state officers combed the area but it was
a needle-in-a-haystack proposition,

The farms were scattered over hun-
dreds of square miles and because the
harvest was done on a piece-work basis,
few of the harvesters came to town even
on Sundays. They “made it while it was
there to be made.”

Though all the Northwest had been
circularized and the law was everywhere
on the lookout for the murder car, the
potato district was canvassed almost
house-to-house and at last trace of the
killers was found on a farm outside
Weiser. They had been there all right—
had worked several days, but were gone
two days when the trail was struck.

The farmer said he thought they had
grone on to Washington. “Or maybe to
Towa or Oklahoma,” he said “They talked
about them three places. I think one of
them lived in Jowa and one in Oklahoma;
but one of them said something about
having kin up in Washington.”

H« DID not know their names except
one was called Ed and the other
Roy. “Or maybe,” he said, “one of
them was called Jim. You see,” he apol-
ogized, “we don’t get acquainted with
the fellows that come in here for the
harvest. They don’t stay long enough.
These fellows quit me in the middle of
the harvest, though I tried to get them to
stay. But they seemed anxious to get on
down the line.”

Only one highway runs through Weiser
and that is U. S. 95, going south to Pay-
ette and north to Lewiston. Again the
trail of the murder car was picked up—
headed north. It was followed to Lewis-
ton, then over a feeder road to U. S. 410,
in the state of Washington, It was finally
lost in the Yakima Valley country of that
state—in the midst of the apple harvest.

It seemed apparent to the trailing of-
ficers that the killers were traveling on
short money—working their way as they
went, So again the house-to-house, farm-
to-farm canvass was begun and again the
trail was struck—and again they found
the killers had flown.

But this time the officers nad better
luck. The apple grower for whom the
killers had worked said they had become
quite friendly with another man working
for him. This man, still on the place, was
questioned. :

The two men, he said, were LeRoy
Ritchey and Jim Roedl—or at least those
were the names they went by. Ritchey
was from Iowa and Roedl from Okla-
homa. They apparently had been together
for some time. Ritchey had relatives in
Tracyton, Wash., and when they left the
Yakima Valley it was for that town—or
at least for that part of the state.

Washington state police at Olympia
were notified that the murder car was
probably in that district. FBI headquar-
ters in Seattle was advised of all the
particulars,

On a side street in Olympia two state
police in a patrol car cruised leisurely,

mentally checking off the license plates
of all old cars as they came to them. Sud-
denly one Ict out an exclamation and his
partner followed his gaze. It was a Model
A, dusty, decrepit and travel-stained. The
license was crusted with splashed mud
but the officers could make out the
figures. It was the wanted car. They drew
up beside it.

There was a single man in it, obviously
a farm laborer by his clothes. Tle was
hatless and his dark hair, growing thin
and high at the temples, gave him a dead
white area of forehead which contrasted
with his sunburned cheeks. His eyes were
a light smoky gray and when he spied
the officers his face broke into a genial
grin. But to the experienced eyes of the
law it was just a shade too disarming.
His flashing white teeth had something
predatory about them.

“Hello, gents,” he began easily, “am I
parking wrong?”

“Step out rs the car.”

“Okay, you're the boss.” He climbed
out and one of the officers ran trained
hands over him in a search for weapons.
“He’s clean,” he muttered to his partner.

“Now then—you’re James Joseph
Roedl, right?”

“Sure.” The color began to drain from
the laborer’s face.

“Where’s your partner, Ritchey?”

Tnadvertently the suspect shot a glance
across to a small tobacco store.

One of the state police was already on
the way. Soon he returned with a lantern-
jawed, bushy-haired youth with burning
dark eyes.

“All right, kid, what's your name?”

“Ritchey. LeRoy.”

“That's all-we need to know. We are
going to take a little trip. Uncle Sam’s
boys have a couple of questions they
want to ask you.”

This was on Nov. 13, 1942, just one
month to the day of the murder, The two
suspects were lodged in jail in Kitsap
county, Wash., while the FBI regional
office was notified. Federal agents im-
mediately took steps to have them
brought to Seattle for questioning, at
the same time notifying Jay Newman in
Salt Lake City of the capture.

Deputy United States Marshals Her-
bert Algeo and Donald Miller immedi-
ately left Salt Lake City for Seattle to
bring the suspects back to Utah for trial.
Before the United States deputy mar-
shals reached Seattle, Ritchey confessed
the murder of Abigale Williams, laying
the blame on Roedl. ;

Ritchey said he and Roedl had been
picked up by Mrs. Williams just outside
Denver, Colo. After leaving Vernal, Utah,
he said, he had gone to sleep in the back
seat of the car. “Me-and the dog was
sleeping,” he said. “I heard somebody yell
and it woke me up. It was that woman
and she was yelling, ‘Don’t hit me—oh,
don't hit me any more.’

“Roedl was pounding her on the head
with a hammer and I tried to stop him
but it was too late. She was dead, so I
helped Roedl wrap her in a blanket and
we rolled her down a bank.”

He said they found $6 and some change
in Mrs. Williams’ purse. They threw the
purse and the hammer from the car sev-
eral miles down the road,

Roedl in turn accused Ritchey, claim-
ing they were all three riding in the front
seat of the car, Roedl said he was the
one driving and Ritchey sat next to him
and Mrs. Williams on the outside. Sud-
denly Ritchey grabbed a hammer from
the floor and started striking Mrs. Wil-
liams in the head, Tle was powerless to
stop the attack, Roed! said, because the
car was in motion, By the time he got

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driver said.

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here was a

wd. “1 don’t

get it. That car was supposed to be
headed east-—-to Minnesota. The woman's
body was found west of here, twenty-
three miles, Why in the world would they
have started the business eight miles from
here, then carried her body back in the
direction she was coming from? Doesn't
make sense.”

“T can't help that,” the truck driver
said, “I'm just telling you what I saw.”

“Sure, | know—and thanks,” Snyder
said, “And I want you to show me that
place—right away. But it makes a dif-
ferent picture.”

He was both excited and puzzled. At
the spot where the woman’s body had
been found there was no evidence of any-
thing unusual having occurred. From
this, the sheriff had figured perhaps she
had been killed elsewhere and dumped at
that point; but he had given no thought
to the possibility of a struggle. That
changed everything—granted it was con-
nected with this murder.

Perhaps this Mrs. Williams had been
traveling with her husband—or a party
of friends. Perhaps a flat tire or some
other difficulty had forced them from the
highway. At any rate, they had stopped
and somebody walking the highway had
come upon them and_ tried to rob
them.

Then what? A murder had followed
and the killer or killers had taken the
victim back 15 miles to dispose of the
body ? It didn’t add up fm there might
be more than one victint.

Hurriedly, the sheriff drove to the
place designated by the truck driver.
There had been a fight there all right—
no question about that. The ground on
the right side of the highway was badly
scuffed and there was dried blood on the
grass and concrete. Quite obviously a car
had been stalled on the soft shoulder of
the road—-a car headed westward !

Carefully searching the ground, the
sheriff found nothing beyond the signs
of the battle. He got into his car and
thoughtfully drove back to Vernal.

A telegram lay on his desk. It was
from the Alameda county sheriff's office
and told an upsetting story—upsetting to
the signs previously indicated. Mrs. Wil-
liams had been traveling alone—or she
had at least left San Leandro alone; but
that had been weeks previously. She had
been driving a 1931 Model A Ford, bear-
ing California plates. She was a mis-
sionary worker and _a_ widow. She had
relatives in St. Paul, Minn., and had gone
to visit them.

This explained why she could have
been set upon eight miles southwest of
Vernal while her body was found 23 miles
southwest. She had been to Minnesota
and was returning to California, She had
passed through Vernal apparently and
had car trouble eight miles out.

He wired the police of St. Paul, giving
them what information he had. He asked
them to try and locate the relatives, find-
ing out from them when Mrs. Williams
had left the Minnesota city and whether
or not she had been traveling alone.

H&® SENT other wires: one to the
state police and to the FBI in Salt
Lake City. The wire to the FBI was for
two reasons: the woman's body had been
found on the Uintah-Ouray Indian res-
ervation. If she had been killed there, the
crime came automatically under the juris-
diction of the FBI. Also if her killer had
stolen her car it was work for G-men.

There was another reason for bring-
ing in the federal men. The killer could
be almost anywhere by this time. With
their greater facilities, the FBI could im-
mediately throw a broader net in an effort
to capture him.

Almost the first person Snyder talked
to on the street was Leo “Happy” Wise,
operator of a service station. Wise had a
lot of information,

“Like everybody else around here, T
went to the morgue for a look at that
woman,” he said, “She was in my place
hefore daylight this morning—bought

They performed valuable services: Ivan Oaks, alert young farmer, right, noticed the
dog keeping its grim vigil in tangled brush and investigated, finding the body. “Hap”

Wise, left below, gave Sheriff Snyder his

first good lead an the vanished murderers.

eighty cents worth of gasoline and
headed... .” ;

“Eighty cents worth!” the sheriff ex-
claimed. “Way up here in the mountains
and on a thousand-mile trip? What good
would that much gas do her?”

“Not much; but she said she only had
a dollar.”

“You sure of your identification ?”

“IT am. She was wearing that same
dress and that black-and-white coat and
she had two men and a dog in the car with
her. It’s the same woman all right.”

“Wait a minute,” Snyder said. “Let’s
start at the first of this thing and get it
straight—about the dog and the two men
and all.”

“Well,” Wise related, “she drove in
here just before daylight in a ’30 or °31
Model A Ford with out-of-state plates—
I think they were California—and the
car was a sort of faded color. There were
two men with her. The men were young,
around twenty-five or -six and the dog
was a fox terrier. She asked me to put
eighty cents worth of gas in the tank
and to check the tires, then she asked one
of the men to get the dog some water and
she asked the other one to go to a res-
taurant and see if he could get some
scraps.

“The cafe was open and this guy went
across and in a little while he came back
with ‘the scraps and fed the .dog—the
other guy had already given it water.


Sec ens) memento

ee

Dedgeanaia

Se Sarees ee TE

ee

2s

out of the car and left ner in a ditch,
struck her five or six times over the head
with the hammer, let the two dogs out of
the car, and drove off.

Roedl claimed that immediately after
leaving the scene of the crime he made up
his mind that when the first opportunity
presented itself he would report the mat-
ter to the authorities. He claimed that the
only reason he had failed to do so before
was Ritchey’s threats against his life.

Although the Special Agents were far
from satisfied that Roedl’s story was a
truthful one, it jibed well enough with the
known facts to call for the speedy arrest
of Leroy Edwarg Ritchey. Through the
cooperation of’ tke Washington State Po-
lice, the latter was picked up on a farm
near Tracyton. Equally important was
the discovery of a ramshackle Ford sedan,
with yellow wheels, minus a running board,
and with the front window glass shattered
and held together with tape.

Ritchey, a heavier and more stolid type
than Roedl, not only denied any knowl-
edge of the crime, but insisted that he had
separated from Roedl in Nebraska, and
had seen him again in Tacoma, Washing-
ton, only by. coincidence.

Thanks to the painstaking care with
which the initial phase of the investigation
had been pursued by the FBI, this alibi
was soon disproved, for witnesses at the
various filling stations where the car had
stopped for gas placed both men in the
car with the woman.

With the two suspected killers removed
to Salt Lake City, Utah, on November
13th, 1942, action was taken to begin prose-
cution in Federal courts. On the 19th,
Ritchey told FBI Special Agents his ver-
sion of the crime.

According to his story, it was Roedl] who
had broached the subject of killing the
woman in order to obtain’ possession of
the car. They agreed that Roedl was to
start singing a certain song as the cue
for the hammer attack to begin. When
they had driven some distance beyond
Vernal, Roedl started to sing the song,

nd at the same time picked up the ham-
mer from the floor of the car, and after
striking her a blow, covered her with the
blanket in order to prevent any blood from
getting on his clothing.

“Jimmy gave her a shove, and as she

Firing Squad for
him—his double-

cross backfired

rolled out of the car, I struck her a few
blows with the hammer. The little dog
jumped out and we drove on. We stopped
again about seven miles away and threw
the hammer away and let the second dog
out.” At it happened, more substance was
lent to Ritchey’s story than to Roedl’s self-
exculpating version, by the discovery some
weeks later of the death hammer. On the
11th of December; D. E. Lambert, a rancher
living on Route No. 1 near Roosevelt, Utah,
read an article in the Roosevelt Standard
ebout the search for the murder weapon.
~He got in touch with the Agents, and said
that sometime in mid-October he had been
riding his horse in search of some cattle
that had broken through a fence, when he
saw a hammer laying about fifteen feet from
the edge of the road, about two and one-
half miles west of Roosevelt. He got off

his horse, picked it up, cleaned it thor-
oughly in the sand, and took it home.

“It mever OCCUllreU LUO Ile Llial 4b Adsdgsce
have been bloodstained, as I hadn’t heard
of any crime in that area,” he explained.

On March 27th, 1943, a Federal Grand
Jury at Salt Lake City returned an indict-
ment charging Ritchey and Roedl with
first-degree murder. On the request of the
accused they were granted separate trials.
It was now for the jury to decide whose
story was correct.

Roedl entered a plea of “not guilty” by
reason of insanity and went to trial in mid-
April. On the 29th, the jury returned their
verdict. It was “guilty” of first-degree mur-
der. There was no recommendation of
leniency. It was the first time in the his-
tory of the Federal Court in Utah that such
a stringent verdict had been handed down.

Roedl’s plan to confess and put the blame
on Ritchey had boomeranged with a venge-
ance, for in the latter’s case the jury, on
May 3rd, returned a verdict of guilty, with
a recommendation of “no capital punish-
ment.” The latter verdict was approved
by the trial judge, who said that Ritchey
deserved lenience “because he was truthful
and cooperative.”

Then came one of those queer legal twists
which sometimes seem to offer a way of
escape for the doomed.

The United States Attorney-General de-
cided that the Government actually did
not have jurisdiction over the case, on the
ground that the crime involved white per-
sons assaulting another white person on an
Indian Reservation, and as such the matter
was one which concerned only the State
of Utah.

As a result, the judgment of the court
was arrested, the indictments were quashed,
and the accused were delivered to the
Sheriff of Uintah County. Both were again
charged with first-degree murder and pro-
ceedings at bar commenced anew.

Roedl’s trial began on September 13th,
1943. The state jury, like its Federal prede-
cessor, placed little credence in his story,
and, on September 18th, declared him guilty
of murder in the first degree, with no
recommendation. Date of execution was
set for November 10th, with a delay granted
for review of the case by the Supreme
Court.

Ritchey continued to hold his attitude of

Truthful cooperation, and on September

20th, entered a plea of guilty to the mur-
der charge. As a result he was sentenced
to life imprisonment in Utah State Peniten-

. tiary.

By July 13th, 1945, the last possibility of
reprieve for James Joseph Roedl had been
exhausted.. The execution by firing squad
was set for dawn. Awaiting it through the
long night, he made no attempt to sleep,
paced the floor of his cell. He talked to
the chaplain, and then put on a newly
laundered sports shirt and freshly creased
trousers.

In the white-walled prison chapel there
was a table of pies, chocolate, a large con-
tainer of coffee, and cheese sandwiches
which the condemned had requested as his
last meal. He offered to share his break-
fast with the official witnesses. There
were no takers.

As the brightening skies made pale the
glow of the electric lights, his eyes were
bloodshot. “Time is sure getting short,” he
said. No one answered.

Outside in the yard, five men sat behind
the vision slits which had been cut in a
blanket: They held their rifles in their
hands. Four were loaded with ball avsumu-
nition, one was loade
tridge—which one, non

Sheriff J. R. Reece
read the death warrant. Roed] was marched
down the steps of the \chapel, out in the
yard. He was strapped ina sitting position
to a chair that was placed against the south
wall of the prison. A hood was placed
over his eyes, and onto the sports shirt,

knew,
of Uintah County

with a blank car--

of cardboard. The sheriff stepped back.

“Ready ”* Bolts clicked into position.

“Aim——” Peepsights picked up the
fringe of the target square.

“Fire.” Five triggers were squeezed.

The blanket concealing the marksmen
fluttered with the muzzle blast. Four bul-
lets streaked through the mild morning air
across thirty feet of courtyard, and at pre-
cisely 5:53% a.M., two years and nine
months after the hammer slaying of the
hymn-singing widow, the justice of the
people of Utah was put into effect. Ten
seconds later, Roedl was declared dead, in
a sense the victim of his own attempt at
a doublecross.

ywoerers Ne ee

EpiTor’s NOTE
Pictures of the perpetrators appear

on the following pages: James Roedl,
this page; Leroy Ritchey, page 101.

BAD NEWS FOR CROOKS

Any burglar who visited the ex-
hibits at the Chicagoland Home
Show in Chicago, Illinois, must
have left a wiser and sadder man.

Inventor Edmond Michel has
displayed a new door and window
lock which looks something like
a telephone dial and has 764 pos-
sible combinations. It works like
this: Before you leave the house
you push a series of buttons on
the part of the lock. inside the
door. That sets the trap for
prowlers. When you come back
you push the same buttons and
the door swings open like magic.
But heaven help you if you push
the wrong buttons. The slightest
mistake and off goes an alarm
which the inventor swears can be
heard miles away.

The arrangement is a little dif-
ferent when it comes to the win-
dows. If you are on the inside,
with the lock attached, you can
raise the window as high as it will
go. Nothing will happen. But
anyone who has no business on
the premises had better not start
messing around with the outside
sill. The window will go up a

few inches, just to egg him on./7"

Then off goes the alarm.

Another inventor, Jacob Yagod-.
nik, a tailor of Chicago, Illinois, #
has something which he claims
will stop pickpockets cold. He has
patented a pants pocket with a
safety lock which he guarantees ~
no dip can open without attracting
attention. bibs

“The only trouble with it,” he~ .
admitted with a sigh, “is that it ©
won’t stop the little woman.” 5°

oo

siete Ree A


PRICK:

ae es nega me

Ine of Je
__ Sho

i

This Mor

f

feful in detail” F:
Eniversity

&
Bee

> Salt. Lakt City, Utah, Feb, 20:

net F News, Price, € ty fers!

F “patti €o0

Frank Kameg shotiat seven fifty-eight and o

}

ni ire is n0 reason, ty

ter Tullinery, What ¢
sere ks

Frank Romer }talian coal

ordered s\ Wert Victor Je

the Magnolia: Trading

miner, I few moments am! Romeo: was 0
nkins, | exhausted inan interview. Cole
Avert ge out = Be fore
nd wbhue «he. seeme ve :
Suansnide, Beb. 5, 191. cover up appearances y fink
qa executed at the state penitenth , was. visible that the strain wa
early this morning. Sher=| coming great.
@ Toor Kelter, of Carbon county, }~ “} have never been "in trom
ared in Salt Lake, Tuesday, an
paced preparations for the ex-
no Remee selected. shooting |
ayn the Seventh District= Court?
m.to death

ker Was George Ade th
it wr-Easter ‘or’ othen pe
rnc! Of louie, full-of rep
te bovesaid to bis fathet.—

anager 0

oompany, at

a Midsawake hat fh?
Ingieally and. reason.
= ite :
Sawin hat, my sou, is,
pe without a nap.™

(came ‘to Utah in 1910, just

years ago this month. [am

that ever. came.
“Tama Catholic a

ar-30 days only

ua wire field fetice at Sie eatenced hi

Follawing w session whi
Rruntr et -preleck—saturday—_night,

board ef pardons, announced

ch contin-; would like so much to. have him

Stevenson Lumber Co. j

thestate rme

Ml octence of Romeo. -Howeyer, it’;
gamuted-the sentence. of Robert
ifr, accomplice vf “Romeo in the} could not come
nuner, to life imprisonment... »Zaffy
ind Romeo were sentenced together) on
1 death date of exeention- beings 1 witt meet them- afterward.”
pliced at Feb..2U. : mad i

Romeo and Zalty. appeared before | adero
the board Sa
were represente
Senator Curl A. Badger. He Disedayipdicavrsrs} days, Franciaco
st forthe fives of both, bat-particuy} Was arres
tary tor Za"ty: because: of bis at Ce this afternoon by - General
and the fact that he took noi iS hag
port in the murder of Jenki f pee the presidency.

When Romew- was ipformed that} Gen. Vietoriano, command
the state beard: of pardons refused! fedéral troops,
tolatervene, he boried his face’ inting -Diaz, has
behends-ant-wept-—atiy; re+-vist
otier hands became jubilant) aN h
be will bate 10) pass the remainaer iste
ot hi fe it ihe with John “Cor- rage ers
tw an accomplice in the. murder, /'The vice president
Voom. the’ Sevetith District Court! Jose Pino Suarez, §
ares e tite: Leb orats a in hiding."

Ba aR alge emit ican ambassador
from the cell of Zaffy and wis re reas diplomats held
led before that of Jkomeo, he sighed | porence at the. American €

sheets: He eatled twice: bo LAMY Son ght to discuss the re-es

Rome, Italy, and they ae so

ere to. see

ara spore than Met Captured
Genigne of the celebrated
TT KERNS in cock iawn
PeFTEANS are dynes ber
nplict
be '¥ aud ecouomy. Osly

re
hers of McCALL'S will mnnt_
dollars extra in the

t

.

Gustavo Madero and alle th
rs, with the excep

af the re

TH

nin

Mite dedi+. hare

ne

q‘fore in any “part of- the. coantry.:

Ae nd the pries
Jan,'4, 1913.) come to see me. only once, and =]
ireal often, for 1 need him now. ~ Fj:
wish that he woul! conte and™

oes ; y forget up till the jast minute”
+ would not interfere with the death | “My srood tte St others ote

ey wrote and ‘told me: that th
‘that they would see me if heaven.

‘They know that there was some rea-
for the killing, gad believe that; The case of the state ‘vs.

Alvernigurs: They} “Me xied City, Feb. 18=Fottowtng:
J by former State; patti in the heart of this city, last-

ted in the national pal-

uet, one. of his own’ comimande
forced to sign his resignation post

erofthe;gratd tnreeny, did“ nut appear
which have been fight-
been: proclajmed “pre-

are. under”

and

q

ETH

A, Nn ae Oe te sem

gscexeuserd, uth
Case CH the doe:

aN

eMdrt vonrvened)

TSINCT COU
NS

i Monday niorning feb. ;
Christenson pre gleané
tundas.
Seti ore taken. ‘for
ant Ait ae ear
; a Ryland: spe
lystoweek “visiting
Picasant>
; forney Prive ¥
ay apd dead

& dig, and
present.

Sead journuient taken until: Tuesdi
+ When--court vonvened Tuesd
rhimberof nattiralizstion causes wer
had Sen eres of, and several criminal
i eine set for trial. ae avr ack
it, ibs On request of “District. \ttornes
¢ boaherry. several cases, Wert dismissed
; the groand that there: was insult
tehe ‘ficient e¥idence tocobtain a cot
Amonge these wete the v4

early ;
1 per-

p tien:
Ffaguiust Asher, charged with bufglar
1 Joe Bokeritch, charged with
zzlement, 3
t “Two cases againsyRe W. Crockett
fappealed from. Jdstice court (were
dismissed.” Bc
{In the case
sre. the defendant was given unt
Mar, 20, to file a bill of exceptio
2 The case of the state vs Roy Diy
28.

atle Gate were i:
thessesin distri:
=Geo. Millner, on
prospersus citizens,

‘itor tlie cup part
: G érnor Spry da

three: oe
SOrTY |p,

sthas

come

sortys] ¥as Set for Feb

| he cases against. Gwilynr Jones
Or Tam RW Sayer exon te adiciits i 4
pebarged with embezzlement, were yy, na thet thenet
Feontinued until the dune term. Ba

Mrso Chris Hutt

i
+

e,
oe hess of Mrs. Hutte!
E, Be fiss Evelyn L
ers in the ‘C;
=| sehioal,“was a gues
> Pher. brother, Mer

a ay CRBIANE. iniwhich the latter}
j tcharged with murder, ‘was -set, fe
trial Feb. 25, 10 a.m.
— The state, vs. Re J. Tarner
pat over until the next term. Le
“Tt case’of CLA. Gray, embeztle- feandidate for Con
ment, went over until the June terity gressive ticket, is
Geo W, DuBose, charged. with ase; the present sessio
his -case ;court,,.

+ * Chris Brothert:
tkon, charged “with ‘5 visiting witht!
00) Ryland in this cit
| Monday, when his: case Wis, called} will locate in’ Pri
|and the court ordered his bail “bond ness here if heci

; se WWilcaiae 3
= procteli ed. He stowgd up on Tiesday, | opening,
@ €abi-}
tion* of
arrest
»publie,

L

3
Blan-~
rs tsault; succerded in having
poned until June.

Charles Gunde

t

Feb, 19. a
Le In the case of the States. Gilbert
; as allo

& con:

F
tablish:


fea wbich” “contin “wat s
realo oftene fit ene} bi now,
‘wish that he WUT Cone, ant ere

om Ren wae
fooxvepn Tike

Rhye it in Rome? Itals, and theg-aFe 80 Sorr
oStbah LICH cof Robert They ae: lle: told “Y that: ther
# Rorieo’ in’ the ‘coukd not came here ta-see Ae, Dut
aup-isnment. Zaffy ;that they Would ‘Seq mein. heaven

ee eaccd together “They know that Nias some
sit ae ae FSG, vein son for the killiugy apd belie) th

i Dg Od I with meet them afterward.”

oid +

oetty aud ecupomy.
ok Ota de. f horsf

stervnt McCALL'S will wut [

amas tnee to the

qe betas!

afternoon. They,

were 4 eet ited

A Badger.
ipo nf both, but partiou-+

ase of his youth:

pe
“Madero Captured ©
ae ae Feb. 18—Following at

“by former State, battle i in the heart of this city, hee

He plead: | ing. several” ‘days, Francisco 1oMas

u¢ dere was arrested in the pational pala,’

‘ace this afterndon by- General. Blati-!

Hetacy that t jquet, “one of his ‘own commanders, *snult, uc
ar on nS naires was. forced “to Sign,, his reenstign

until the Sie teen
charges with ait

postponed anfil June.

poet ote

mie cay of MAC ee a ot Jenkibs." es ‘from. ‘the preside ney Merson, chatite dow
Bae ar aie af has ‘informed that’ Gene Victoriano: Soriciantee pe the’ gant did pet xppear “oa
= ( het ase was Sane ile

' aie or | refiged: testers trowps ¥hich have been. fight=+Me
cao er On rego ee Oh ect prochiuned resi ordere! his. bail:
a se {Up Of Bek ; iy,
shanreniind Gastate Madero and all the’ cabin
foe SCE: et inet ministers, with the exception’ o
ae ieee Ie ae es John Cor! Ernesto Maderojare Sunder aevest.:
ipliew in the murder,

jubilant, cheese
art:

a Baal

cent.

‘Half

pds from ~
in Best-
several
en. Let
n make
‘or this;
pced.
bella

“George: i ut % S

them: 2

‘ the Story,”

Shit seve ith» District: Court

io J Mists

the ath “watch was. called !

fo the vel} if Zatly and*-was “doub-

tel pefore tig out Ronieo, he sighed:
= He / ailed atwice to Zaft.

aad ae at if : ;
Hi pees baile. bith. egod- “bye ment Of order and the further protec: ” !
: oes of Murdes , tion by! fore in residents, ve

Hs ae

sink. on Pthe. morning |

fin’ if ate

thro’ Bently fell to;

ix theafusilade, F pre-|
wi. Head. Romeobe-*
sus of the ruse and turn-4;
> pressed the revolver to}

scharging it-The- im+

eet. however, wis :2

thy ahs
Cathe Siro p)1 6
GEhiin ae
re

: ein lutedy When the!
metas tunk: flight. he rushed!
. i i¥side and. gave. the :
a

lratians were > arrested |
ks of the Green river |

eMearly hey ar,
uty

ther
SdOW,

J. - Jerieitis wa the son of the late
: yeteéran Salt: Lake

Me inasa

Fer the desert: through the

Jenkins,

The vice president of the? “republics.
(Jose Pino Suarez, _ pull is at liberty,
imprisonment. hot in hiding. tas

lother foreign diplomats hylan: cons:

accompanied. by day night from a trip of

i ie : ‘partner, when Cor-! to Idako,*
she PTL va Sa hatte e¥e confronted: Genera: Manage pr eed: Pi delle

cis said to have opened | the Consolidated Wi agon & i

- Shooting Jenkins !Co, and-a force of five In ermationa

Shere 3p tilés from “Sunnyside by-{~
Hee Ketter and: former Dep-!*
aim ret Johnstone; who tracted |.

cat the State ygCil
1s ny fe ndut was atic weed tow
plead guilty « Pgs :
he: pronoun Lb ‘

The American isha ar and th

erence atthe, American embassy)
on ght: ta discuss” “the re-establish-{ 2 $3 ; ae
‘ avs WAS SO

ee i a large noiber i
Al tien a, cle Exklar
~ Mayor Olson Returns: ‘

Ma yor Frank Olson pefarned: Tes:

eight’ days 3 Phe

f Bi a« xecutor, snd b
were Orne

ewhete™ fe arept panies
Of Ste as

Adela® Caillett
Harvester expe rtacin the interest @ hn Fucl Os
hig companys the” “Hare Stef sau
hada moving picture) machine
at Idaho’ Fals and Rexburg Show
the ‘films caller! he Rannnce oF ¢ hes : Sav der anil ite boi
; Reaper = fo audiences -6F 400 aust Shick Cairtein County 1 H
2000 people, respectively. {oS eecaverahe: anygett snitage
These films are vastly “enturtas “ht Sahavesotlicis 5, the
ling and instructive, and will be. shi Nice Si Waa escrruled afegth
mae se oe “5 decal “ ide were’ given aie se ys. to Hts theirs,
2 ey WI ne abselutel Ue HE weF. {
Mayor. Olson reports # C°Ts pleasant : ‘In tres ease” “of Lillian Puimayne®
trip, but is glad to be hone agri against: Joseph Damayne, the pla
ence BRB Vifl was given $1600.08 ali ony:

Senator. Iverson Gets Busy for the wringing up 6f the minor,

* ‘ ehildren.. ei ‘f
dee Iverson ne: Ae When court convened Wednesday fie

i morning Chas. Gunderson “was | ar

case ae eats 4 ote are

bill in the senate appropriating

Fror the carrying on of archeological raigned, and pleaded £

regents; of the Jarceny. > He was given

and historical work by
University. of U tah. the epunty sib

ats wai? hake Telegram had the
i Lowi hy ititerview (with: Romeo a

pial In fore -his @xecution:.~
am fot: ready to. tell ‘yet, but
Abe pipers have told only one side of
a : Said the condemned man,
his eae worn features twitched}
irtive eyes told plainly’ that

Giring-surety companies the right Gilbert Olsen pleadeyl guilty to as-
t6° be Miacharged fram liability yy. -sault-and got a0 days-in- the- Hetel
application to the courts is. the = “pur de Fausett.. } cass:
of @ bill introduced | inthe senate)” 1) ha Cloward was granted an inate
Friday by G.. A. *Iverson. =Hera ! + terlocutory dectes of divorce be

pole ran ESS oe “ira Cloward. Her maiden name
restored to. her; & and she was alloy

Geo. William Seelygof ‘Castle Dale |f% $50.00. 4s D icuay's fee Cal
Palettes web sarey There. . 0 cases: PIAS 5

was ome eae Sr i


s-looking tmile was
honored soldier.
t into a trance. All
d without moving.
il 4 in that morning
us.

family conference.

as ted, and
rtec nst Emile.
ted ___: and at-

er French law, the
aced death by the
convicted.
cution’s chief wit-
s ill, the court al-
1 the early hours of
e was asked to point
d attacked her she
the veils of her bon-
t at Emile, pointed
him.
however, brought
sistencies in Marie’s
edly pinned to the
n left there because
. Emile’s military
red. The shattered
fallen into Marie’s
loping roof outside
ad heard the break-
erin her room. No
letter delivered to

tantly admitted that
ies. Marie, she said,
f nerves. The poor
hallucination.

t the letters were a
arie to disguise her
er was of the same
r lesson books.

hat it would take at
lace a ladder against

en and women swore
e ha” *-2n at home
ttack taken place.
larie bious story
ty—fortunately with
inces. He was given

ie was married. She
d. Then to another.
she free of hysteria.
nd broken-hearted—
that in an effort to
e succeeded in inter-
lett, eminent English
se. Dr. Mathieu, emi-
pecialist, also studied
e case was reviewed
ourt. This time the
e for what she was—
girl with abnormal
lieved whatever she

from prison. He was
gain. But was Marie
as she placed under
because she was a
unity? She was not.
‘otected the “angelic
had sent an innocent

cold-blooded case of
person took place in
; ago.

anuary Session, 1754,
“ied before Mr. Justice
Mary Jones, widow,

e guinea, a half-crown, ©

id six-pence.” Mary
ly that Kidden was
bbed her. A Crown
confi Mary Jones’
evid Kidden was
uted.

nt gave a forty-pound
helped convict a high-
o months later Mary
rry divided that sum

dik LAUR UDSE AEDT, baad
the Hundred of Blackheath
man named Blee on suspicion of being a
thief, Blee admitted to the High-Constable
that he was a member of a gang who de-
liberately accused innocent men of highway
robbery, helped convict them through false
testimony, and then collected the parlia-
mentary money rewards for such convic-
tions.

The High-Constable arrested Mary Jones,
John Berry, Stephen Macdaniel, and
Thomas Cooper, and they were indicted
for wilful murder of Joshua Kidden in the
quaint legal language of that day: “mali-
ciously causing him (Kidden) to be unjustly
apprehended, falsely accused, tried, and
convicted, and executed, well knowing him
to be innocent of the fact laid to his charge,
and with intent to share to themselves the
reward granted by an act of Parliament—
4 and 5 William and Mary, chapter 8.”

In June, 1756, at Old Bailey, the pris-
oners were found guilty of murder. But
they were not sentenced to death because
of a technical doubt whether their crime
was murder. When Attorney General Sir
Robert Henley, declined to argue that point
of law, the convicted prisoners were freed.

In May, 1759, the gang was again “put
to the bar.” This time the indictment ac-
cused them of a conspiracy to defeat pub-
lic justice. But the case never even went
to trial, and they were freed soon there-
after.

Unbelievable, but true. An innocent man
framed to his death because of greed. A
legal technicality, and his killers getting
off scot-free.

Remember the New York Times’ recent
account of Mrs. Phoebe Hill of New York?

On January 30th, 1947, Mrs. Hill told the
police that four young men had punched
her husband, Max Hill, author and radio
commentator, and then, forcing her into
an automobile, took her on a sixty-mile
ride through Long Island where they
robbed and attacked her.

Two days later Mrs. Hill changed her
story. Her husband and she had had a
barroom quarrel, and he had knocked her
to the ground. The four young men hadn’t
forced her into the car. She had accepted
their offer to drive her to her home on
East 52nd Street. They had not robbed
her. There had been no attack. They
had motored through Long Island until
the car ran out of gas. Two of the young
men had then offered to take her back
to the city by railroad. But she refused.
A passing motorist had taken her to the
police at Syosset, Long Island.

It wouldn’t have taken much, would it,
for the four young men to have been framed
into ugly criminal charges of “kidnapping,
robbery, and attack” if Mrs. Hill had per-
sisted in her original story?

Aren’t we fortunate that most men and
women take to heart the Biblical command:
“Be not a witness against thy neighbor
without cause; and deceive not with thy

lips.”

peurorrs

WHAT’S IN A NAME?

Detroit police recently inaugu-
rated a “No Accident-No Viola-
tion”? traffic day in an attempt to
curb accidents and traffic tickets.

Sixty seconds after the 24-hour
period began, a car driven by
Norman Price collided with an-
other. Before noon there were 35
accidents reported, double the
number recorded for the same
period of time, on the same day, a
year before.

Lot. :

* tell you or you will get the same thing.”

ve, the woman’s head, which he did. He said

cow atar aa eD ee o 2 @ & oe

SINGING WIDOW

(Continued from page 39) the Kitsap
County authorities, in whose jurisdiction
the theft had taken place.

It was a routine action in a relatively
routine breach of the law. Yet it was to
have a startling sequel.

The following day, when Roedl was
transferred to Washington on the auto
charge, the case still appeared to be lack-
Ing in any noteworthy features. Not until
the 12th of November was it apparent that
for three days James Joseph Roedl had
been desperately scheming a doublecross
—one that was to snap him like the end
man in a game of crack-the-whip.

Frederick B. Cohen was the hard-hitting
prosecutor of Kitsap County at the time
these events took place. To him Roedl

sent word that he had certain infor i

( mation
regarding a recent murder in Utah. In
return for dropping of the auto charge,

he w illi ‘
pet be willing to furnish complete

The county prosecutor not only

Attitude of coop-
‘eration won him
a life sentence

4

refused to make any deal whatsoever, but

notified the FBI.

Two Special Agents arrived at the jail
that same afternoon to interview the pris-
oner. Under their questioning he told
his story. It is set out below in detail, be-
cause it reflects Roedl’s crafty scheme to
shift the burden of guilt.

He said that he and one Leroy Edward
Ritchey had been travellin}—apoUt~the
country, hitchhiking and riding freight
trains through Nebraska and Colorado, and
had arrived in Denver on October 11th.
On the outskirts of the city, while thumb-_
ing rides, they saw a Model A Ford with
a lot of boxes strapped to the outside, and’
two dogs in the back. There was a woman
driver inside. She said she was Mrs. Abi-
gale Williams, that she was going home to
California, and if they were looking for.
a ~ she would be happy to help them
out.

“Ritchey took the wheel, and I sat in
the back seat, singing hymns with her.
When we got to Vernal we stopped for
gas and something to eat, and then went
on. Ritchéy was driving, Mrs. Williams
was in the front seat, and I was in the
back. We weren’t singing hymns any more
ae fell asleep.” ,

Then, according to his story, h
suddenly awakened by a sateam trou: Mrs.
Williams.

“Please don’t hit me any more,” she was
crying.

Roed! claimed that he saw Ritchey hit-
ting the woman over the head with a
hammer. He said he asked Ritchey what
he was doing and the latter dropped the
hammer, pulled a gun out of his pocket,
saying, “You don’t need to know what I
am doing or you will get this. Do as I

He was told to throw a blanket over

he was told to take the hammer and hi

it

her over the head. According to his ac-
ot this he refused to do.

ortly afterward, Ritchey stopped th

car and said, “This is as tool ieee

P
WHAT KIND

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HOW TO SCORE:

Add up each “yes”. This j

8-10—You’re
thrills |
6-7 —You’re
the ma;
3-5 —You’re :
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SPORT.
0-2 —You’re’
only SP

BUT NO SPORT FAN—E
SHOULD MISS A
CLUSIVE A

“Call Off the Olympic Ga
Parker ,

“Basketball Preview” by Li

“I Remember Red Grange”
Rice

“Ten Rules for Better Bot
McDonough and Willard

“Play Ball!—the St 1
Ed Fitzgerald one

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SPORT, Dept. MG-12-4
205 East 42nd St.
New York 17, N. Y.

Sirs: Enter my subscript
Payment will be m

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OC) | will pay on receipt

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es IE TORTURED, agonizea
3 words forced by sheer raw
pes Courage came through puffed lips

“and mouth burned by a corrosive acid
“from the man in the hospital bed. The
details he related were so gruesome and
horrifying, as to be almost unbelievable,

but the detectives who questioned him -

had already seen the evidence of the
brutal savagery of which he spoke.
- “My son...he is dead?” the man asked
ina muffled whisper. The question was
rhetorical and needed only the nod from
the detectives to confirm it.

~<*The others?” he asked.

- Courtney Naisbitt is still alive,” one of
16°.

by FRANKLIN SHARPE

the detectives answered somberly.

The man closed his eyes and sucked a
deep breath through his raw lips as if to
brace himself to accept the fact that the
others had been slain.

The victim was Orren W. Walker of
Ogden, Utah. He was in the intensive care
unit of Ogden’s McKay-Dee Hospital,
where surgeons had worked frantically to
save his life after he had been shot in the
back of his head, strangled, forced to
drink from a bottle of caustic drain
cleaner and a ballpoint pen had been
driven through his eardrum into his skull.

“Maybe we can take the rest of his
statement later,” one of the detectives

TRUE DETECTIVE MAGAZINE, August, 197l.


i
“
‘
c

SELBY, Dale Pierre, black, leth. inj., Utah, August 28, 1987,

¥¥

New York l q

| Se a
ENCYCLOPEDIA
OF MODERN
MURDER

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dik ascii: Ricks dass Slatkin da tise belied


3

PIERRE, Dale

Black airman responsible for one of the
most horrifying multiple murders in
Utah’s criminal history.

On 22 April 1974 two men entered a
hi-fi shop in Ogden, Utah, and held up
the store clerks, Stan Walker and
Michelle Ansley. They were forced into
the basement and tied up. Just then,
sixteen-year old Cortney Naisbitt
walked into the shop, to thank Stan
Walker for letting him park outside; the
youth was also pushed into the basement
and tied. The robbers proceeded to take
stereo equipment outside to a car. Stan
Walker’s father came two hours later to
look for his son and was made to join the
others; then Cortney Naisbitt’s mother,
Carol, also walked in.

One of the two robbers produced a
bottle, which he claimed contained a
German drug mixed with vodka, and
ordered everyone to drink. It was, in
fact, caustic cleaning fluid, as strong as
acid. Then the same man — Dale Pierre —
shot Mrs Naisbitt in the head, then
Cortney Naisbitt, and Stan and Mr
Walker. He led Michelle into the next
room and spent twenty minutes raping
her. After this, she was made to lie
down, naked, and shot. When Mr
Walker stirred, a ball point pen was
placed in his ear and kicked into his
head. Then they left.

Cortney succeeded in crawling up-
stairs and raising the alarm. He and his
mother were rushed to hospital. Mr
Walker was also still alive. The other two
were dead. Mrs Naisbitt died in hospital,
but Cortney survived and, after several

190

operations, was finally able to return to
his studies; he suffered permanent
physical damage.

When news of the killing was released,
an airman from the nearby Hill Field
base phoned the police to say that he was
convinced that Dale Pierre and William
Andrews were the killers. Pierre, aged
twenty-three, was the leader; Andrews,
less intelligent, was willing to do what-
ever Pierre told him. The two men were
arrested. A rental storage agreement
found in Pierre’s room led the police toa
small room full of the missing hi-fi
equipment.

Pierre, born in Tobago in 1953, was an
ice-cold psychopath, determined to
succeed at any cost. At the time of his
arrest he was on bail for three car
thefts. He was also suspected of the
murder of a black air force sergeant,
Edward Jefferson, in October 1973-
Jefferson’s keys had disappeared when
Pierre was in his apartment, taping
music. The next day, Pierre reappeared,
suggesting that they search again, ie 4
the keys were ‘found’. Jefferson st
vestigated, and discovered that aes
had taken the keys to a locksmith a
had them duplicated. He chanb™
locks, and confronted Pierre pig
Two days later, Jefferson ene peat
dead in his apartment, stabbe
edly in the face with a bayone ah sefle sea

Pierre and Andrews were then ¢
tenced to death — although by nded if
death sentence had been ot Gary
America. In his book VICH™ © be
Kinder quotes Pierre as say"? we ¥e

hin
expects to be released wit

He also mentions that Pierre spends his
* tryters 1 Ss ?

+ &

intends to be the first man to ‘build a
corporation with an annual earning
capacity of $40 million’ while in prison.

One witness at the trial — a cinema
attendant — described how he had ad-
mitted Pierre to a Clint Eastwood
movie, Magnum Force, shortly before
the hi-fi shop robbery; in this, a pimp
forces a prostitute to drink drain-
cleaning fluid, and she dies almost
immediately. It seems certain that Pierre
intended to kill his victims silently — by
making them drink the fluid — and was
forced to shoot them when‘he realized
this method had failed.

POULIN, Robert

Teenage sex-killer who committed sui-
cide after attempting to kill several
classmates.

Eighteen-year-old Robert Poulin
lived in the basement of his parents’
home in Warrington Drive, Ottawa.
When Mrs Mary Poulin, a nurse, and
lunch-time supervisor, arrived back
home in the afternoon, she noticed
smoke pouring from the basement, and
called the fire brigade. Two firemen,
Protected by oxygen masks, bfoke into
the basement. They found a charred,
“*«mt-naked body lying manacled to a
me Surrounded by burnt books and
eset The girl had been hand-
ming to the bedpost by her left wrist. A
eer taaes revealed that she had been
sda d to death and had been raped and
ca Mzed. She was identified as seven-
ofa Aegis Kim Rabot, the daughter
Robert Sane family who lived nearby.
Tush" on her had apparently had a

i -
strive by the time the firemen
dead Ag Robert Poulin was already
he ,. ) C€l Setting his basement on fire,

“C gone to St Pius X High School,

POULIN
where he had been a model student.

gauge shotgun. At 2.20 pm, he entered
a classroom and began to shoot. Within
seconds, seven students had been hit
(fortunately, none were killed). Some-
one succeeded in kicking the door shut.
There was a shot outside in the corridor,
and when Father Bedard went into the
corridor, he found a body with its face
half blown away, the shotgun lying
beside it.

In Poulin’s basement, the police found
a large collection of girlie magazines,
some containing hardcore photographs,
and a collection of pornographic books.
There was also a blow-up rubber sex
doll. His diary gave a detailed account of
the build-up to the murder. On 7 April
1975 he had written: ‘During my deepest
part of my depression a couple of weeks
ago I thought of committing suicide, but
I don’t want to die before I have had the
pleasure of fucking some girl. So I de-
cided to order a model gun from an ad in
a Gallery magazine. With this I was
going to threaten a girl in one of the dark
streets around here and rape her. I
planned to carry my father’s scout knife
strapped to the inside of my right leg. If
the girl caused any trouble I would kill
her, for I was planning to kill myself
anyhow, so I had nothing to lose.’
Further on in the same entry: ‘Recently I
went up to Tim’s Second-Hand Book-
store and bought all of her back issues of
Playboy. On Saturday I went back and
bought other mags and a couple of these
were Nuget [sic] magazines. On the
inside of the cover of the first one that I
opened I found an ad for Everything
Dolls. These are life-like dolls of a girl
who has everything. She has a vagina,
and it is an electronically operated
male-oriented dildo (vibrator). She costs
$29.95, and I broke myself ordering her.
Now I no longer think that I will have to
rape a girl, and am unsure as to whether
or not I will still commit suicide.”

IgI

Es EE 5 apigerty: SEE
Ke ao r 4 oe


os

_ THEY'RE TOO VILE TO BE CALLED

was a grazing wound. They might have
run out. of bullets. They tried to stran-
gle him with a cord and then kicked a
pen into his head. It went in about
three inches, but fortunately missed the
brain.

“It seems to me these guys came to
kill everyone in the place. They brought
guns. They knew the store was open
when they came in. A man who works
here said no caustic solution was kept
in the place. And the tape used for
gags is not the type of tape used in the
store.

“Mr. Walker said the two men were
black'and wore dark clothes. He hasn’t
been able to give us much descriptive
detail, It was dim in the basement.
Maybe that’s why they didn’t hit their
target when they shot at his head.”

“And they might have been in a
hurry to get out at that time,” an-

: other detective added. “They had them

all lined up against the wall, in prone
positions, all bound and gagged but
the girl. She was untied when one took
her into the other room.

“They. forced them. to drink that
stuff then shot them like that .. . help-
less people. I tell you I don’t know
anyone in this town capable of any-
thing like that.’

“Maybe they were high on drugs,”
an officer suggested.

“I doubt that,” another responded.
“These guys were in here almost three
hours. They knew what they were going
to do.”

“What did you get on the van?” an
officer asked.

“Not much,” another replied. “It was
dark when Mr. Walker got here and
he didn’t pay much attention to it. ‘But
that van was parked in the back short-
ly before 6 P.M. and there was a lot of
traffic on Kiesel from that time until
dark. We should get some witnesses
who saw that van in the daylight.”

Y then, there were about 35 police-

men working on the investigation.
Police throughout. Utah and surrounding
states: were put on the alert for two
black men, one described as about 5
feet, 6 inches, the other about 6 feet
tall, and a van filled with hi-fi equip-
ment.. Ballistics evidence established
the men were carrying a .22-caliber
automatic pistol and a .25-caliber auto-
matic_pistol.

The shocking news of the crime and
appeal for information brought two fast
responses from citizens who said they
had driven past the rear of the Hi-Fi
Shop before dark and noticed the van.
One described the van as a yellow

late-model vehicle. and the other mo-

56

BEASTS continued from page 23

torist said the van was a dark blue
Che\vrolet.

“Maybe they had two vans,” a de-
tective suggested. “They could have
loaded one, had someone drive it away,

_ and then loaded the other.”

Detectives. worked throughout the
night in the basement of the Hi-Fi
Shop, as’ store employees took inven-
tory to determine how much was miss-
ing. At police headquarters, officers
went through files, looking for suspects,
selecting records and mugshots.

Several men in vans were stopped
during the night in Ogden and Salt
Lake City but, by Tuesday morning,
as citizens were reading and hearing
about the shocking crime at breakfast,
no arrests had been made.

News stories that reported the hor-
rible details of the torture-murders also
printed the backgrounds of the victims,
all of whom were born in Ogden and
had many friends and acquaintances. in
the community:

Mrs. Carol E, Petersen Naisbitt had
lived in Ogden all of her 53 years.
She had graduated from Ogden High
School, then attended the University of
Utah and Utah State University and
was affiliated with Alpha Chi Omega.
An active member of the Latter: Day
Saints Church, she was a former secre-
tary of the Sunday School and a mem-
ber of the forty-first ward. She also

‘belonged to the Weber County Medical

Auxiliary and was a former member
of the Junior League of Ogden. She
was survived by~ her husband, three
sons, a daughter and a grandchild.

Stanley Walker graduated Ben Lo-
mong High School and attended Weber
State College. He was an elder in the
Ogden Tenth Latter Day Saints Ward
and was its basketball coach.

Miss Sherry Michelle Ansley had at-
tended. Bonneville High School and was
survived by her parerits, two brothers
and her grandmothe:. °

Police finished processing the scene
at 6:30 A.M. and were waiting for em-
ployees when they arrived for work at
other stores on the block. Several names
were picked up at stores in the area
and police questioned a number of men
who worked downtown.

“They're all clear,” a detective re-
ported to Captain Warren and Police
Chief LeRoy Jacobsen. “At least that’s
one thing we've got to work with...
alibi time. We know the killers. were
in the shop from 6 P.M. until after 8
P.M. These men all have good solid
alibis.”

Captain Warren said a list of 15 men

had been compiled from police records. .

Almost half of the men on the list were

stationed at nearby Hill Air Force Base,
and had been arrested in Ogden’ pre-
viously.

A large number of calls were re- :
ceived from an aroused public. Some

callers. expressed suspicions about sev-
eral men who were added to the list
and others reported driving down Kiesel
shortly before 6 P.M. and noticing the
van.

“The calls we*got today all describe
the van as blue,” Captain Warren told
Chief Jacobsen. “We've got that pinned
down. And some’ witnesses said they
noticed a damaged fender. And we've
got a witness who said he saw two
black men at the van. He said one was
shorter than average and slim and the
other tall and husky. He might be able
to identify the two-men.”

T was shortly after 4 p.m. when a

call was received at police headquar-
ters from the office of special investi-
gations at Hill Air Force Base.

“They've got the Ansley girl’s wal-
let!” a detective said. “It was found in
a trash container at.the base.”

The Tactical Squad was quickly .as-
sembled. It had been formed a month
before as a special unit of the Ogden
police. department ‘designed for a fast
response to a major crime. Sergeant
A. K. Greenwood was in charge of the
squad ‘that included Detectives C. D.
Fisher, Gerald Burnett, Polo Afuvi,
Mike Empey and William F. Thorsted.

Detectives Willard Cragun, D. K.
White, Don Zitting, Glen Judkins and
Robert Schwitzer were assigned to ac-
company the squad to the Air Force
Base.

The large group of probers rushed
to the base a few miles from the city
and were met by OSI officers who
took them to a large trash container

behind a barracks,

“Some boys were going through this
looking for bottles,” an OSI officer said.
“They found this wallet and took it
home and their parents told them to
take it to us. Soon as we saw the girl’s
name we called you.”

When the trash container was emp-
tied, detectives found papers and cards
that had obviously come out of the

wallets of other victims in the Hi-Fi

massacre.
The Ogden investigators moved their
probe to the OSI office where they were
given a list of the. airmen who were
quartered in that barracks. A detective
pointed out the name Dale S. Pierre.
“I remember him,” the officer: said.
“We ‘talked to him last fall in that
murder. The ‘one where the sergeant
was killed with an ice pick in town.”
“We didn’t have much to hold him
on,” another reminded him. “He knew

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the sergeant, but we didn’t have any
evidence.”

“But we picked him up on those car
thefts,” the first detective said. “He’s
out on bond on them. Three cars were
stolen at one time and stashed around
town. He’s charged in all three of them.
He fits the description of the short
black: man.” :

Detectives and OSI investigators who
circulated around the base, checking
parking lots, found a 1970 blue Chev-
rolet van, with a dented right fender.
The van was empty. \

Detectives rushed back to the OSI
office with the van’s license number
and called it in to police headquarters.
A fast check disclosed it was registered
to a man in Ogden whom detectives
immediately contacted.

“He said he sold the van not long
ago,” a detective related. “Here’s his
record. Sold it to a William A. An-

-drews.”

“There’s an airman in that barracks
with that name,” an OSI officer said.
“Let’s get his file...”

Airman William A, Andrews was list-

ed as 20 years old, from Jonesboro, La.
He was described as 6 feet tall, black,
and weighing 200 pounds.

“He seems to fit the description of
one of the killers,” a detective said.
“Let’s do some checking around here
without tipping our hand.”

The large force of city and Air Force
investigators soon sent a report back to
police headquarters.

“We found that Pierre and Andrews
had been seen a lot together,” a detec-
tive related. “And they were both off
the base last night.”

The investigation continued at the
Air Force Base and another report was
phoned to police headquarters.

“We found a paper showing that
Pierre had rented a garage Monday
morning,” Captain Warren was told.
“On Twenty-sixth near Wall. Here’s the
address.”

Search warrants were .obtained for

the garage and blue van. Captain War-

ren led a group of officers to the build-
ing, a few blocks from the business
district, that was in a row of storage
garages. Al

“Tt’s filled with boxes of merchan-
dise,” a detective exclaimed upon enter-
ing. “This is it.” ‘s

Detectives started an inventory and,
that night, warrants were issued for the
arrests of Airmen Andrews and Pierre.
They were taken into custody at the
air base and brought to the Municipal
Building before being booked into the
jail.

Police Chief LeRoy Jacobsen called a
press conference for 11:15 p.m. and
announced the arrests) and murder

charges against the two Air Force en-
listed men.

Chief Jacobsen told reporters that
$24,000 worth of stereo equipment, had
been found in the garage at Twenty-
sixth and Wall. He also said ‘a half-
filled can of Drano, a caustic drain
cleaner, was found there.

The police chief cited the full co-

‘operation of the Hill Air Force Base

Commander and of the office of spe-
cial investigations at the base received
by his department.

The garage where the stereo equip-
ment had been found, it came out, was
owned by a merchant, who reported
he rented it to a young airman who said
he needed a garage to store his car as
he was going to Korea. He said he had
been impressed with the young man’s
appearance, intelligence and unassum-
ing attitude.

Citizens of . Ogden, - while still ex-
pressing shock and disbelief that “it
could happen here,” were high in praise
for their police department.

“My first reaction was one of horror
and disgust,” a man who operated a
store near the Hi-Fi Shop, said. “Police
handling of the incident was superb.”

Mac Wade, who was Weber County
Sheriff for eight years before retiring,
stated: “This is the worst mass murder
I have ever heard of in Ogden. If it
doesn’t bring back capital punishment,
it ought to.”

JAMES Gillespie, Ogden NAACP pres-
ident, called the murders “a pretty
ugly thing. I am thrilled the suspects
have been apprehended and I’m sure all
black citizens in the-O,Jen: area feel
the same way. .

“Criminals should be treated as
criminals and we should not be con-
cerned with their ethnic background.
I feel the incident was handled well by
the. police.”

A black minister said he planned a
24-hour fast and a radio memorial ser-
vice in behalf of the families of the
victims. He said he wanted local min-
isters to join in taking a stand on
preaching the need for law and order
and for peace and love.

“I hope that justice will take its.
‘course without creating a situation of

racial tension,” he said. “As black citi-
zens of Ogden, we too are deeply
disturbed and grieved over the mur-
ders.”

Weber County Attorney Robert
Newey said he would press for the
death penalty if the two accused air-
men were found guilty. Utah’s death
penalty statute has been revised follow-
ing the Supreme Court’s decision on
the issue.

- Meanwhile, both suspects were

charged with three counts of first de-
gree murder. Wearing jail uniforms,
Andrews and Pierre were brought be-
fore City Judge E. F. Ziegler for a
hearing in which they were granted a
continuance to consult attorneys. Spec-
tators were searched before they were

admitted to the quickly packed court- °

room.

As the suspects’ were returned to jail,
information as to their backgrounds be-
gan to come out. Both airmen were
helicopter mechanics with the 1550th
Organizational Maintenance Squadron.
They had joined the Air Force the pre-
vious April and were at Hill AFB on
their first assignment. Andrews was
from Louisiana and Pierre was from
Trinidad. Andrews, also had lived in
Dallas and Pierre had lived in New
York City.

The investigation continued as police
sought the guns used in the killings and
Chief Jacobsen indicated police were
picking up information that more peo-
ple might be involved.

“The investigation is like reading a
book,” he told newsmen. “You don’t
know until you get to the last page
how it is. You just go from page to
page.” :

On Friday, four days after the shoot-
ings, Orren Walker was released from
the hospital to attend the funeral of his
son. About 400 friends and relatives
attended the services, the funeral pro-
cession stretching more than half a
mile. Police guards were provided for
the funeral, as well as the funerals of
Mrs. Naisbitt and Miss Ansley.

Later that day, Airman Keith Leon -

Roberts, 20, was booked into the Weber
County Jail on charges of accessory to
murder and carrying a concealed weap-
on. Captain Warren said a .25-caliber
automatic pistol was found on Roberts
and was being sent to the FBI for
ballistics tests.

On Monday, April 28, another large
crowd packed Judge E. F. Ziegler’s
courtroom to get a look at the sus-
pects, as they were brought in for
arraignment which was ordered con-
tinued as the two men had not: made
arrangements to be represented by
counsel,

County Attorney Newey announced
that Roberts was now charged with
carrying a concealed weapon and tam-
pering with evidence, a charge tanta-
mount to the accessory to murder
charge, but more serious and carrying
a stiffer penalty.

The charge accused Roberts of tam-
pering with evidence when he allegedly
concealed a weapon “he had reason to
believe. would be used as evidence.”

That afternoon, police arrested a
fourth man in the case. He was identi-

57


N_.

fied as Lawrence M. Anderson, 23, with
an address on Adams. He, too, was
booked, into Weber County Jail on a
charge of tampering with evidence.
Police said Anderson had formerly
been an airman stationed at Hill AFB
but had been discharged the previous
December. He had been attending
Weber State College. Anderson report-

edly had been accused of having re- .

ceived, with Roberts, the .25-caliber
pistol. _

Chief Jacobsen said he doubted addi-
tional arrests would be made in the
case.. Two more people could have
been placed under arrest, he reported,
but “they came around and told us as
they should have.” He said these peo-
ple may be used as witnesses by. the
prosecution.

‘Defender’s Office mad

-The next day, Anderson’s attorney
made a request of Acting City Judge
Joseph C. Foley to restrain authorities
from making further statements in the
case. ¢

Judge Foley refused the request, not-
ing there was great community interest

in the case. He said he would do noth-’

ing to “inhibit the rights of the press.”

“If you feel there is undue publicity,
there are other remedies you can take
such as asking for a change of venue,”

Judge Foley told the lawyer. “I have’

been following this case in the paper,
and I haven’t seen anything I felt was
undue.”

On Thursday, May 2, psychiatric
examinations were ordered for Pierre
and Andrews. A lawyer ‘ ‘he Public
‘quest be-

cause of “the seriousness of the charges |

and evidence.” He said, he doubted the
mental capacity of the two suspects. to
help in their own defense.

“This crime must have been commit-
ted by someone completely out of his -

mind,” the attorney’ said..

He also requested those concerned

with the case hold back a little in
making statements to the press and let
justice take its course. “It is clear that
we have an incensed community,” he
noted. "
At this writing, Cortney Naisbitt is
listed as critical at St. Benedict’s Hos-
pital, William A. Andrews, Dale S.
Pierre, Keith Leon’ Roberts and Law-
rence’ M. Anderson are in custody,
awaiting action on the charges against
them... ;

IF MISTY COULD ONLY TALK...

an investigator to police headquarters
to make a detailed statement.

A large number of detectives were
busy throughout the night talking with
people who had known Sharon Calla-

han, while other investigators worked

in the apartment and in the police ga-
rage. When Homicide Lieutenant Jack
L. Cottey arrived at his office Friday
morning, there was no shortage of re-
ports on the case for him.

The examination of the body had
disclosed that the secretary had been
shot. once at close range, the bullet
striking her heart. A .38-caliber slug
had ‘been recovered, but the condition
of the body was such that it was ex-
tremely difficult to determine if the
woman had been sexually assaulted and
more tests were to be conducted.

Although blood had been found. on
the back of the car’s front seat, there
was no blood on the woman’s back.

“The blood in the car doesn’t seem
to fit her being shot in the car,” a de-

tective noted. “If she was shot and.

then placed in the car, the blood could

have been’.left on the back of the seat >

when the body was placed there. But

-that would indicate she was shot in

her apartment and, if’ she was shot

there, someone should have heard it.”

“Not necessarily,” another detective
was quick to add. “Take a look at that
medical report. That shot could have

been fired with the gun placed right’

against the body. A shot like’ that
would have been muffled.”

The medical report also stated that
a large amount of blood had settled in
the victim’s chest.

“That indicates she most likely had
been in that position not long after she
was shot,” a detective said. “She could
have been shot in the car, but she
58

continued from page 39

could have been placed in the car not
long after she was shot.”

Detectives noted that, from the po-
sition of the wound, the woman could
have shot herself. But they also rioted
that no weapon had been found.

“Maybe someone found. her earlier
and took the gun,” a detective sug-
gested. “That’s a possibility we can’t
ignore. And she could have been found
shot somewhere else and placed in the
car, Although it’s hard to see anyone
doing all that to cover up a suicide.”

Lieutenant Cottey noted that the bul-
let had passed through the body at a
slight right-to-left angle and that Shar-
on Callahan was left-handed. He also
noted that there were powder bums
around the wound and no holes in her
blouse or coat.

A detective theorized that the .gun
was placed through her open coat and
between the second and third buttons
of the blouse, before it was fired.

“One of the buttons on the. blouse
was unfastened,” he said. “The killer
could have unbuttoned it, or she might
have been naked when she was killed
and dressed after she was dead.” ;

“Then why wouldn't the killer have
just left her where he killed her?” he
was asked.

Lieutenant Cottey took another look
at the medical report, noting the way
that the blood had settled in the vic-
tim’s chest. He said this indicated that
she was killed in the car.

“The blood on the back of the seat
could have got there when the killer
put a hand there,” a detective suggest-
ed. “It does seem more logical that she
was shot in the car. But there are a
number of angles that don’t seem to
fit. Where are her apartment keys?
And where is her pet cat?”

“That’s right,” another detective
agreed. “If she was killed out of her
apartment, she had to have her keys
with her. The killer, of course, could
have taken her keys. He didn’t take
money from her purse, but maybe he
wanted something in that apartment.
He left. her and the car in an area

where there were only two houses im-'
mediately close by..It was just a’ short —

walk back to the apartment. He could
have gone there to:search it, and the
cat could have run off.”

Lieutenant Cottey assigned some of
his men to go over the apartment again
and to make inquiries throughout the
complex. He assigned others to con-

tinue questioning people who had

known Sharon Callahan. And Cottey

and two other detectives were waiting ~
in the detective bureau when Ralph J..

Grant and several people came: in for
additional interviews.

The questioning: dealt with the per-
sonal life of the secretary. Detectives
were told that she seemed happy with
her life. None of the people questioned
that morning said they knew her to
have a gun and no one said they were
near the car parked on: Haverford.

Two.married men who had known
Sharon Callahan in their business deal-
ings were asked to take polygraph tests.
Both submitted without protest and
the tests indicated they had no guilty
knowledge of her. slaying. :

Ralph J. Grant, visibly shaken over
the death of the young woman who
had been ‘his babysitter and then his
valued secretary, told police he was

offering a $5000 reward for informa-

tion leading to the arrest and conviction
of her slayer. He also gave the infor-
mation to newspapers.

That afternoon, as a number of
Sharon Callahan’s friends gathered in
the detective bureau, a report came in

she hac

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detecti

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the ca
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aims

INSIDE SCOOP’S JUSTICE DIGEST

‘ULTIMATE JUSTICE DISPENSED...

BEIJING, CHINA—JUNE 27, 1992:

International Anti-Drug Abuse Day
in China was an occasion for public
rallies against narcotics abuse and
trafficking across the country, as well
as the sentencing and, in some cases,
the immediate execution of drug of-
fenders. The proceedings, held in six
cities and in various provinces, also
involved the public burning of confis-
cated drugs as part of the anti-drug
program being publicized by the gov-
ernment.

According to Chinese officials and
newspaper reports, up to 58 con-
victed criminals, some of them be-
lieved to be from Hong Kong and
other neighboring countries, were
sentenced to death at the huge ral-
lies. For 45 of those individuals, exe-
cution followed immediately with a
bullet to the head—the method of
capital punishment that is employed
in China.

STARKE, FLORIDA—JULY 21, 1992:

When he took his place in Florida's
electric chair and the guards
strapped him in, 47-year-old Edward
Dean Kennedy turned toward the of-
ficial witnesses and said, “Peace be
with you all.” Then the executioner,
at a signal from the prison’s superin-
tendent, threw the switch that sent
2,000 volts of electricity coursing
through the condemned man’s body.
Three minutes past 7:00 a.m., Ken-

’ nedy was pronounced dead. ~

Kennedy was sentenced to death
for the slaying of two men, Floyd
Cone Jr. and Highway Patrolman
Robert Patrick McDermon, on April
11, 1981, in the aftermath of a fail-
break. He was already serving a life
term in the Union Correctional Insti-
tution, about 30 miles north of
Gainesville, for the 1978 murder ofa
hotel manager in Dade County, when
he and a pair of other inmates pulled
off their escape.

His flight took Kennedy to a trailer
home-in Baldwin, Florida, which he
broke into. While he was changing
his clothes inside, the two victims,

- who were cousins, arrived. A gun
battle broke out that resulted in the
double slaying. .

14 Inside Detective

Kennedy’s last appeal, based upon
his contention that his defense law-
yer had failed to represent his case
effectively and that the jury had re-
ceived improper instructions from
the judge, was rejected by a federal
appeals court and by the United
States Supreme Court on the day be-
fore the execution. Thus, Kennedy
became the 29th person to be exe-
cuted in Florida since the Supreme
Court’s 1976 ruling that restored
capital punishment as an option in
the criminal justice systems of the
states.

SALT LAKE CITY, UTAH—JULY 30, 1992:

After a series of last-minute ap-
peals in which he'd sought to have
his sentence changed to life in prison
without parole, 37-year-old William
Andrews ended his 18-year sojourn
on Utah's death row by receiving a
state-mandated lethal injection. An-
drews was convicted and sentenced
for his role in the robbery of a stereo
shop in Ogden, about 30 miles from
Salt Lake City, and the murder of
three of the victims, in 1974.

which Andrews, another man named

During the deadly man nae

Ba

i ts Oi ihe 7 i if Poe Rasa gee
Execution by lethal injection ended 18
years on death row for William Andrews.

[oun 2 od| /[ a q Ss

Pierre Dale Selby, and a third man
who was eventually paroled, were the
perpetrators—five persons in the
stereo store were forced to drink
drain cleaner before being shot in the
head. One of two women victims was
raped. One of the men who survived
had endured being choked and then
having a ballpoint pen driven deep
into his head. The two women and
one of the men died in the vicious on-
slaught. ‘

Andrews, declaring that Selby had
been the shooter, argued that he
himself did not deserve the death
penalty. The prosecutors, however,
pointed out that the drain cleaner
would have caused the victims’
deaths even if they hadn't been shot,
thereby making Andrews as guilty as
the actual triggerman. In fact, Selby,
the gunman, was executed five years
ago for his role in the crime. °

In his final statement, Andrews
said, “Thank those who tried so hard
to keep me alive. I hope they continue
to fight for equal justice after I’m
gone. Tell my family goodbye and that
I love them.”

HUNTSVILLE, TEXAS — AUGUST 11, 1992:

” With his appeals finally exhausted,
the moment came for 38-year-old
Curtis Lee Johnson to render final
payment for the 1983 crime that sent
him to death row. Execution was by
lethal injection. :

When Johnson and his accomplice,
Roy Junior Jones, broke into the
Houston apartment of 25-year-old
Murray D. Sweat, they never ex-
pected the tenant to walk in and find
them there. He did, however, and
wound up being shot to death. For
their effort, the two perps got away
with a camera and $8 in cash.

In the wake of a store holdup the
following week, Johnson and Jones
were tagged by the police. Tests de-
termined that the gun used in that
robbery was the same one used to kill
Murray Sweat.

The 31-year-old Jones, convicted
of burglary and robbery, is serving a
45-year term. For Johnson, ultimate
justice came from an intravenous
needle. 660


and processing forensic evidence. Some
officers didn’t sleep for more than 24
hours after the murders. ‘‘I think the
chief would have spent his entire budget
right then and there,’’ said Newey. *‘He

committed everything to it.’’

For the most part, the crime was
solved within 24 hours of its occurrence.
**‘We got them so fast,’’ said White,
‘‘they could not carry out plans to cover
up the crime, including the scheduled
April 24th repainting of Andrews’ van.”’

Eventually, all three men stood
charged with three counts. each of
first-degree murder. Pierre, who later
changed his name to Pierre Dale Selby,
and Andrews were both convicted and

. sentenced to death. However, the jury

could not reach a unanimous verdict of

guilt on Boyer, who was instead convict-

ed of two counts of aggravated robbery
and was sentenced to two terms of five
years to life. Because of the hung jury,
prosecutors could have refiled the
charges, but chose not to. He was pa-
roled from the Utah State Prison.

- The death sentences-marked only the

beginning of legal appeals that would

occupy the next 13 years. Three times

‘Pierre and Andrews’ death penalties
-, went before the U.S. Supreme Court and

three times the High Court ruled there
was no reversible error. Still, the appeals
dragged on and Utahns grew more angry
with each passing week. Finally, on Au-
gust 28, 1987, Dale Pierre was put to
death by lethal injection—the first exe-
cution in Utah since Gary Gilmore died

before a firing squad in 1977." |

The 16-year-old youth miraculously
survived .a bullet to the brain and the

drain cleaner ordeal. He underwent years
of rehabilitation. His throat, eaten away —

by drain cleaner, was reconstructed with
pieces of his bowel. He suffered brain
damage and was paralyzed on one side of

‘his body, though he has gradually re-

gained the use of his limbs. He has un-
dergone frequent brain surgeries and
stomach surgeries. The best-selling book
Victim relates his refusal to die and his

‘amazing, though still incomplete, recov-

ery.

peal so they can get on with their lives,’

said Prosecutor Newey. ‘‘Utah’s crimi-
nal justice system went through prelimi-
nary hearings, motions for change of

venue and then.a trial that had approxi-

mately three hundred and sixty separate
exhibits and approximately sixty wit-
nesses and over ten volumes of recorded
transcripts. So they were afforded a very
fair trial and a lengthy trial, I might
add.”’

66 Inside Detective

‘*Victims deserve to have the last ap-

Many of the appeals of the Hi-Fi Kill-
ers, as they have come to be known, bave
centered on racial issues. Utah has very
few blacks, but a disproportionate num-
ber of blacks on Death Row for killing
white victims.

‘*The.facts of this case were so gris-
ly—the tortures of the victims were so
extensive and the murders were commit-
ted in such an execution’s style—that a
jury on these facts would have returned a
death penalty had the defendants been
white, Asian or black,’’ said Newey.

The call for the imposition of the death
penalty on Pierre and Andrews crosses
all religious and racial boundaries. A
poll conducted in August 1987 revealed
more than 91 percent of all Utahns sup-
ported Pierre and Andrews’ death penal-
ties. One minister even said, “‘If they
wanted to pour acid in their mouths and
then shoot them, it wouldn’t be good
enough.”’

Still, there are many in the Ogden Po-
lice Department who refuse to close the
file on the case. They are convinced that
not everyone involved has been brought
to justice.

**You don’t arrest everybody you sus-
pect,’’ said White. ‘‘Naturally, we never
let a thing drop.”’

‘White explained that there have al-
ways been additional suspects in the
case, and there is strong evidence that
three more individuals may have been

involved—a woman and two men. There
is also evidence that the Hi-Fi Shop hold-

up was to be the first of several stereo

shop robberies. Each of the robberies
was to involve the murder of witnesses.

In the Hi-Fi murders, ‘‘they knew ex-
actly what they were looking for before
they went into the store,’’ said White.
‘*They also knew there would be at least
two people in the store and that they
would have to be killed. They did no

-more and no less than what they had

planned.”’
_ Prosecutor Newey said the robbery
was a detailed conspiracy that was
planned out days in advance. ‘‘It was a
well-planned, mass project,’’ he said.
‘*They were awfully sloppy, but they did
a lot of planning: the renting of the stor-
age unit, the Drano, the stealing of the
guns, the vans they used.”’

There are still many unanswered ques-

tions about the Hi-Fi killings. Police still.

wonder whatever happened to that yel-
low van and. what clues it holds to the
final: resolution of the Hi-Fi murders.
They wonder how many conspirators out
there have escaped justice. e

EDITOR’S NOTE:

Sam Boyer is not the real name of the
person so named in the foregoing story.
A fictitious name has been used because
there is no reason for public interest in

the identity of this person.

Bar-hopping Killer

(from page 22)

Billings mentioned that when Barnard
had fetched his truck to meet Billings by
his car, he’d parked over 100 feet away,
in an area that was on the edge of a
shopping center parking lot. When Bill-
ings pointed out the area, Barrett ob-
served a manhole cover near where Bar-
nard would have parked. This could be
it, he thought. The detective lifted the
manhole cover and climbed down into
the dank storm drain. The air down
there reeked of sewage, and the sound
of rushing water filled his ears. But
he found nothing of significance.

Back at Billings’ car, Barrett and Wil-
son conferred. Nothing but the knife
sheath qualified as evidence, and even
that was uncertain. It was then that Bill-
ings told the probers something he had
neglected to mention earlier. Billings re-
called that Barnard had said he’d also

~ been with Greg Carter at another bar.

Greg Carter was a mutual friend from
high school.

After thanking Bill Billings, the detec-
tives gave him their phone number and
asked him to try to locate the other possi-
ble witness, Greg Carter.

The day passed without any new de-
velopments in the Lori Ann Barnard
murder case. The same questions still
nagged at investigators: Who killed her?
What was the motive? What did that
tape-recorded message about a meeting
and money mean? Was this a drug-relat-
ed crime?

These questions moved through De-
tective Burden’s thoughts—as they had
through the thoughts of all the in-
vestigators working the case—as he
pulled his car into the precinct. parking
lot for the late watch. But instead of
another night of conjecture and frustra-
tion while investigators waited for the
laboratory to finish examining some of
the items from the murder scene, Burden
arrived to find out that he was soon going
to have some visitors.


SEYBOLT,Ralph

W,,white, 26, shot

Utah (Salt Lake) 1-#6-1926,

AYER OF PATROL

* * a + 9 ny * ¥ * ¥ & * * ° .

‘ilipino Legislators Greet Messag
eo ONC OE Sixty Thousand World
. UNE uP RIO ai OPREADS ‘War sions March in
: 7 i NA | i HIN IN (WER Gigantic Legion Eeade
a ; i CK LAKOMA HOW dese United States

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Represented ‘in Great | Hines
Military Showing In |
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fied complaints w.i' hea :

dino Telling of Confes- OKLAHOMA CITY, Okla. Oct.| they trod in No-Man's land tn 1917

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Tats loss of Hfe in a the flood here. to-| of battle and the tunes of the) 29% Dureau. Genera! rang 7
day was Lice res- trenches, more than 60.000 Wor! Hines, director of the Surean, toid,
pan je R. kh. cane. “and ben police ee daugh- acta

delegates to fhe fifth

Bessie from @ tree war veterans marched here this : annua Arnie

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ALL THREE YCUTHS re Wheeler park and learned from! morning in a gigantic military pa-| day. He said.
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VV CRAY hs AoSRAARSREY. ALL!

a daughter, Clara, 8
(By The Associated Press.)

Prisoners Will be Brought

oe. CITY, Okla., Oct.

vention. Twenty thousand ¢éea

| warrior-sailors of the Pacific fleet
| at anchor

in San Franciaco bay
joined the legionnaires' in the pa-

can, and that ja this. In the con-
duct of the affairs of this great
soidier organization and in the op-
eration of the veterans’ bureau, it
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° —A catastrophic flood stripped

Back Immediately to/ Oklahoma city OMT ne mouth ne eit, huadreds of delegates of the maaauree ut rulet passed U3
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parts of t

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up and the three arent for Call-
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Robert F. Banders, 39, one of the
three vonng men arrested at Lud-
s. ve tf, Munday afternoon,

Yee west

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poo (Rye y teactye fev ,
a aire pre het of the |
= Pocka res ;
ther

rovg?

; 5
G

+48

ae be
re off

sas 1h om gn
7

re

ives ny
por lcei
oh

»  Snee

Prrtes
Yereved

then Aros
tefr OVE?
peloktyog beens

tera daat Tore Comtf
Tiber ew amy
a)

ftrwe

i bytotace gone

#4

“af tive
Rite, :
es eA ae sae
Dravid
ordered
renp Jordan
Dem street hag
fire? the fatal
A f@)J@r3; am ore
Potce Ineeph
4M ans today
Biray «of Ban

Voratonvan
Whe cg
thre
phe
dime 4

of

o

oft

Ve)
A

,reaia wea follows !

Mander® confessem to
! : Crowther, Clearge
yt moron Tosenh Mareoger |
hret  Derpond, not prewennt !

moe Meer ' dhed but pteke@ up,
ter ty MS erefbeee OMe kitted |
Maneb@re gun, a &2 ealibte
meer ow we have Oeerta,
voiver TR calibre Catt'e, leg
Iniftaads fT oP SF. snd seoy.!

The it lM ww Mabey
. ! ste a, ee:

tyrpel

Ueorery gacr

bh jewel, 20 yer
traded in graragme gt
£19 eneh and $t.80)
Sy Marenger Spar
4erim sol by Fanders
ya Vegas for BH ‘i watve @em-:

tthe” |
Pheriff.’

Mardcr Fianecd Relief,

.
Chief Burbite- eald he waa cor-

hi Fibrin
ryting one,

1 (fear@e for
groce ples

Wye C oative

A. NW WAY,

Vinee) new that Bandera {8s the
enth whe ware Peked up by
froather ecveral dave ago and
-aken ite imtter's home where
ed z cered for pending
ee af money from the
rripat he detlberately |

cet the murder of Crowther

the car. He can
Mra. Crowther,
strolmen Arthur Merrick and £,
1 Perrin ard by othere who saw
» young man with Crowther on the
fntal aflernoon,

The wire «tated that Willlame
naa eent te fan Quentin from Orak-
land on a charge of burglary and
te nee ant on parole, Bandera, the
teader of the gang, ts raid to have
served in the Wyoming state perce
for larceny and to have been parol-
ed August (8, 2822.

Although the  prironera have
waived extradition, sccording to
the ielegram from Sheriff Shay.
papers will be treed for fear ther
may change their inde.

The route taken by the
young men cheeks with
that ake ee ter Bie
varioue nta in southern
They were in Flim ffundey
morning and contin on their
way to Pt. Geerge and then fo Lat
Vegaa ond other points towards
the coaat.

Commptetat Freed.
com pistat cor fa tie fe thren
youthe w with or m the dg u's
‘ghip mornthg tréne
offies oF the Re cortg! sales
etactive

the theft of
pientified tev

three
reports
.frem
Teak,

{ ‘alifornia efty te.
ary back, °

sah.

was evsaancek By hoor 7

' terruption for four @ays tn

wp) iol Pstrverr

“to the alren¢ y ttrickan Inwlanda an

{A fartly of 12, five of them emeal!

at Pahoaes

when they erri Saeea

11) came FETCH, BVI
= pro vortions by raina whick
have fallen virtually without fy-
the
thtgue: a f

Petes

hers ently today ena thte fine a at ot
tp 28 font tral! of water Chmhs
strézm to pres further dintrter

wert and no
the atate, brake

Chiphoma City's avath atta,

This volume ef water rearhed
bore arrest € rete’ geste
if owithin an ho tact aprend to
with! 12 Blocks of the pring pel
Va@thame meetin s Keth frem the}
south ard sontimwont cornera !
Meny DPtven Tap pertiead,

Rn far there hae been ro loamy]
of ts cenarted. Yur numbere of!
7 are Ballance} fo te impere|

ned

A smirling current with a power -
ful undertow defeoted efferta of
firemen to peach £5 perenne ma-
rocned in the Mullfgan Grove dis-
triet In the lnwlends Row Donates
were unable to breart the cur-
rent and effect 2 reecun nfter enr-
Wer efforts fad rermiltedt in the
rescue of reveral persona.

One man fa mala to be hanging
desperately to a rafter ina chureh
white the angry waters sweep:
through the etructure below hint.

‘

in a
it was

children, ales fe marooned
house in tie Grove dteatrict,
reported

In a amail eroreary

etnre® 2 man:

and hie wife prerprictere at the
plece, are nia bad mmm tet tlie
rreeemers wohko hater awa fae Peer ime!

able to ranel |

LC ‘entinued on prage three:
(Ceiamn fewrs

Request to Transfer Body
Of Oglethorpe Withdrawn |

eutietasitont
(Ry The Agrontated Presa)

LON DOM, Qet. 18-In defer:
enca to irigttihs ent. Pr
Thorwald dJacote han derided to
withdraw ihe request ef Ogtetherre |
university that the beady ef Jaren
F. Ogietherpe, fonnten of George
he transferred th tha prepe
abrine on the campus ef the Ui.
vereity in hice!

ebout 8&8 ar Saturdny they hed |
only enough to purchaes three gal-
lone ef gneotineg, bart. apcording to|

information recaived by Chief of

Polio Burbidge # ps from

two ears ot that es = |
dammee A, VWARmere oame

to Galt Jake. ‘end reported
to Chled Burblcgs, tek hi ar
wae awakenag thy. Y yoning men
at ategt iti. y and re-
quested to » astend-
ant that they - "gst gacotine.
Me. ond brother would |
a

tine: men. {

amber of the po-
line bag es te
an eo ieee te Decectivea G
Chase, fa . of the identi

eee | ‘ad

~ mene acme ge ORF 89 CE
Stona! civic, niet Me
inge patteen, the fea

re were! ere :
ide of Pie nbens Depptea

poplle Ry at the eased paride
of tte kind ewge effarpiod ty the
weet, rill eavages notices were fol-
lowed, 9 partebs sare pferaong
nepmed gtong te the fara of hands
on? drum corpse than ever in the
hietery of any Periern ety.

ANl Rien Pierpronrsnted.

Infantry. «». Uhery, machine guna
erdrance, —— marine and
navy--all the ranches mf tha War
ceapartrient-fere caorteanied tn
tha spectacle. The mighty ghiing
equipment on land, 94 sud air cone
tributed to bring heme ta the heste
of specta tore the atory of the mill-
tary.

Every state in the unton, every
regiment of the days of ‘17 fang
out ite colora aa tha hegionnalirer
trekked past the reviewing wtands,
where Admiral B. EB. Coonts, com-
mander of the Unitad Btetee fieet,
Secretary of é
Commander
er @tetinga

thelr hands t@ eslute.

Ae the, PSegceet, vart-
ous delegutiong vied with each otn-
Ver for th@ nod wf the crowds, Cow.
roy bands from Teme and Beas:
tara. 2 omttcrae tauin TY hipoer
prinhbtls CUpl Comate cederg fron
the plain’ of RMepradka, Indiens

Leto AB Gar, oe
SMegeaepem i. @ eoiereus
ety of and#orms frotn far e2

ctaten B14 fab Remar, .

ef ore 4? ns

ia

from Menken, Woe
City end RET wally
thety baanére, * af
From the {ai
ory, of thi

“ees

oF or

{
|

gepart aa r0oR ‘ esti et

+e ges sont awew oc prer-hel- {

$ Dew

ence the thoughts of Pres-[
; | CoMnermatiye

a

at ia tee
gece a the ¢f when
i Jed eonsp iniats he ee fos.
iva; ee ne instance Of Immprop-
er Aiture or extravagant
etice will oceor, and when every
tentled veteran will be gire.. that
tender »n4q davated care te which
he in oo Justiy entitied.” '
“y Raliave that the time ts rap !
idly appeesohing when pineal el

tien mhoeid be given to the qurats
Neepttatration for all paper hk
all ware. J appreciate the mag--
nitese of this pad tinea put
haw appreciate tha nacear. ay
oy moa ne — One

sia ce man needi:
wherehy gi @x- = ioe
anateeont without deley
r that wil! be to the
ef not only the fed-
ment but to the com.
in —— he ee

Fer Murdarer’s Arvest

‘oo er

me re 8 we ner ame sos 4

weoeye

dng in ©
beat tn

eral

ak WPS

(Ry The Aswottated Prean)

#1, “the @!

tien of the montarer ot Ladivtg Hote aa
tax und sc leee fobaooen.’
bodies of gsvurnann and

we iy

na

hy BF SROs cna

were found Retiemher £¢ nt Yromes}

Sage ¢ vor

FP. wee we rete pep ar (eioerass ¢
we

PSAP

peers

Classic Lesson i,
Given at Wiéte |
Steps T nto Presid

‘ By eancas BELL. wh

eae of Deserc a ae

| (Copyetgae 1922) | - a

‘. WASHINGTON, Oct. 1¢.--Machi by iu,
fa ' wetting bee boon baths ee uNe

etre (ime: ® ee roe about &

“etppging tanks’ ger en ebeow,’’ pt t
perhaps, | thi oe

@,| reader, aT) ory

x «i at seins inte, to dn
Takes: "the many éxarayp ill ee

Ae Senses aiterad ne 9

e

+ sin i ey Dig ck wh pn

oe tag by Bra Cocl-lot 4.

pking to the ae that; ¢# op. |

— preaigen ‘e troveers ne

ay — foe Calvin. “i wv

' " At

: Nea peam to Le} thi

ad _b.reeutt of its

: route, nerl'aad t
gta by tall ic not taller we
‘ Wt maybe| bf
ea ut gown" nm bit im |
ie nieame pretty well) my oat!
os, tag particwtar) Gaetty
roused Gatti Che wiats

eee Troe: 1+: pede Man need:

ean be gtven ee
< MMatment without datay
%


= MILLED BY
“THU GANG

1) BELIEE

Body With Bullet Wound
n Back of Head is
Discovered in Weeds by
Small Dog.

AUTO, WATCH AND
NG

VRBO SNT CPP Te RAIMO CE

KREOVULCVEN Wiloon

Slayers Are Believed to
Be Heading West—?o-
lice Wire Description '
Of Car.

cetrereereay

Reward of S300 wasn posted by
Acting (Gsavernor H. E. Crockett,
mlny for {information reaultiug in!
the apprehension and conviction of.
persons responsible for the death
af Patrotran David HM. Crowther.

Sheriff 4. T. _ Leigh of

ters this morning at on Saturday

morning a man by the nauic of
Chartes Mewar, 3 sheep buyer,
naw the Crowther car and two ncn
in it who looked HMhke huobus at a
point ncar Covo Fort Beaver coun.
ty. Stewart yxiemed them twice se-

“ALTO sal

fllaoout Vletwv?. (b=

joe te

scared’
able to Wwhiaper, “Row ty the snore,

rowther Found Murc

tee de Paice’

BOCK, FORMER
MAYOR, KILLED
ACCIDENTALLY

Weapon Discharged in: Secretary of Labor is One

Unknown Manner While
Hunting Ducks on
Stockton Lake.

Edmund
mavor of

A.
Salt

Bock.
Lake

formerly
City and

whose reaignation from that office |

folluwed disclosures cf shortages
in his accounts during his admite-
tration as ciuy auditor, was ac}.
dentally shot and killed Sunday
rrorning while duc« hunting ner
Stockton, The charge which cause?
‘tr. Rock’e death came from his
ove gun, a @ouble barreled shot

gun. Juge pew the weapon was ex-
ploded is wn, even to 8. IL,
rark, “ho } with Mr. Bock at

the tame,

The two mez. angen r ae
ing party, buat,
‘having sta ch Sons ‘w-
ward the ahoee. ft ‘Btockton leke.
| Due to a dense grewttt of tulle g ‘azs
jand willows, navigation was pénal-
ble only with difficulty, acco. ding
to Mr. Park. While “Ir. @
rowed the buat, Mr. Park saié Angi
he pulled upon tha t le & pe‘ se

sround pre saw jar. “eo

aha of thé beat,
‘eft alde Mer. Bock wus
i'm dying.” Park cated for kelp,
out was seve to 2 auras attda sen,

cording to the shesff, and cach | Accord! he te pilec the
time the men drove off into the | voat to fit. Bock wis deed
timber in in suspicious way as! before si was ani doe-
though trying to usold mecting ved on the scene she. t-

anyone ow the roed.

Mounted fatecinian David H.
Crowther, for many years in charge
of the chain geng and truasties at
the city jall, was murdered some-
time Friday afternoon by unknown
nesaneine, end hin body, concealed
{in bushes near the weet bank of
the Jordan river just rorth of
south Temple strect about three
blocka fron: the Crowther home, |
wae found yeaterday morning. Me;
was shot.in -. gt stivee head
with an automatic .83 calibre pistel,
the bul'et -emerg:ng at the top
the skwil, and st te belteved th
was instantaneous

Crowther had beer ng einoe
Kriday,ebut potice department of-
fic'ala felt no pertieular concern
for him uetil lete Gaturday when
he failed ta report and no trace
of hin eneld be found. Then &
search was begun which wan con.
t nwed day with an inepoosed
fore. le Commissioner A. PF,
Hernes, Chief Jasenh £6. DB ge
and cther priloe uficiates nerd
{Re dimapprarancs

@ televhens

ved that the boty hod been

ecident, en!) that
ave been fone to

fife,

diacha He eays that it wag
lying eon Me floor and must have
become @ as the result of
Mr. to move the
boat. eccurred et
10:30 other mén-
| bere

ao

ee Traffic in
Fraudulent? Medical

Universie Nial-

(By Interne:

OPENING LEGION
SFSSION BRINES|
HEROES NF WAR

| Of Principal
| — Fight on KW
Klan Expected.

pear mpnarttases

By ©. OC. BURG.
International News Service gtatt
Correaponden

| BAN FRANCISCO, Ser
| Veterans of Gt. Mihie!, Chateau
i Thlerry and Argonne, the unsung
| heroes of 1917 training camps and
warriors of the 90g. went over the

top under a barrage of San Fran-|-

cisco's hospitality this: moraing ta
the fifth annual convention of the
American Legion. . With Gelegates
from’ every state and tereRory te
the Union and from many Seretgh

for the week's Cemtivities.

fleet sailors and .

rnembers of wen
psd war d¢ ef
weet joined

Bune

e

z

+
*
nf

i a

epen .
oreo iaelail art,
i tlan was fy
{ Beetern
'wle he uti

WINS WORLD’
GIANTS IN TH.

18.—].

countries in attendaneé, more than /* @
160,000 Visitora weed in the city] i?

Twenty thousand” Pacific i :
@ oe

is

men
“

e‘Aswociated Presa). |
eee erty, Tsay Oct.

e teeny with the city pre-
ee the | tnevitabie «Tu

: ne oe “situation ‘


stands. Pauls !

"You needa to find a shooting area and give the firing squad a chance
to practice in those conditions,” Shulsen said,

"You need to deal with lighting conditions, shooting distances and,
most importantly, give the firing squad members a chance to get over
any emotional barrier to pulling the trigger. It’s much more than being
able ta just hit a target and shoot en command," Shulsen said.

Without practice, an unfortunate result gould be a staccato volley
that causes what Shulsen obliquely referred to as a "splatter effect."

To ensure accuracy, Ford said, the weapons may be fitted with laser
sights. : | la |

As with Gilmore, the prison will likely solicit volunteers from the
law enforcement community for the five-member, anonymous firing squad.

Ford said one of the weapons will be loaded with a blank round so
the executioners won’t know if they fired a fatal shot.

* Utah inmate to be executed by firing squad

SALT LAKE CITY - A man convicted of raping and strangling to death an
11-year-old Utah girl will at his request be executed by firing squad next
month, Utah corrections officials said Monday. John Albert Taylor will be
the first to die by gunshot in Utah since Gary Gilmore, whose case was the
subject of books and a critically acclaimed film, faced a firing squad in
1977. "It's the condemned man's option," said Jack Ford of the Utah
Department of Corrections.

Five Utah peace officers whose identities will be kept strictly
confidential will be enlisted for the Jan. 26 execution. One of the five
will be given a blank, allowing each to think that he may not be
responsible for the death, Ford explained. The Department of Corrections

must still decide on where in the prison complex to place the firing squad.
Members of the squad must stand at least 15 yards away from the prisoner.

Utah is the only state that offers death by firing squad in addition to
lethal injection. Inmates who have been on death row for more than 10 years
when hanging was an option are also allowed to choose that method, Ford
said. Death by firing squad, which Ford described as "gruesome, " is sure to
stimulate anti-execution sentiment. Amnesty International, Pope John Paul
ana other groups have roundly criticized the United States for allowing

executions.

Taylor, 36, was convicted in December 1989 for the slaying which occurred
in May of the same year. He has not appealed his conviction through the
federal courts, which is why he has been on death row a shorter time than

many others who are executed. .

(c) The News and Observer, Raleigh, N.C.; Dec. 12, 1995 [from wire reports]

Firing Squad An Issue In Utah
AP 10 Dec 95 14:21 EST V0325
Copyright 1995 The Associated Press. All rights reserved.

The information contained in this news-report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press,

Firing Squad An Issue In Utah

SALT LAKE CITY (AP) -- Utah hasn’t executed a condemned criminal by
firing squad since Gary Mark Gilmore faced his death almost 20 years
ago with a terse "Let's do it." Today’s prison officials aren’t sure
they remember how.

After losing his latest appeal a couple’of weeks ago, Taylor fired

Alone among the states, Utah offers the condemned a choice between
firing squad and lethal injection.

Taylor would be the first do die in that manner in the United State
since Gilmore, whose 1977 execution ended a 10-year hiatus on capital
punishment in America. |

"I’m not going to submit to lethal injection," Taylor said. “I don’
want to go flipping around like a fish out of water on that table."

Despite giving up his appeals, he maintains his innocence and on
Friday telephoned a free-lance writer to say he chose the firing squad
to make his death as difficult for the state as possible.

Since Gilmore, Utah has executed four inmates by lethal injection
and hadn’t anticipated that anyone else would choose the firing squad.
There’s nobody with the department now who was working when Gilmore
died at dawn on Jan. 17, 1977.

men es

Opponents of the death penalty hope to capitalize on any potential
embarrassment, and to stop Taylor’s death by challenging the statute a
a violation of the Constitution’s prohibition against cruel and unusua
punishment. Ae

"This whole thing makes us seem backwards and draconian," said Caro
Gnade, executive director of the Utah Chapter of the American Civil
Liberties Union. |

Gilmore died at the Utah State Prison in Draper in a circuslike
atmosphere. He was strapped into an old leather office chair backed
against a row of sandbags in an abandoned cannery building and shot
through the heart. | an

Former warden Ken Shulsen, whe helped organize Gilmore’s death,
predicted Friday that Taylor’s execution will be "less chaotic" but
acknowledged a firing squad poses many more problems than lethal
injection.

"First off, you've got to find a place to do it," he said.

The old prison cannery building where Gilmore.was shot no longer

Firing squad request stumps Utah

SALT LAKE CITY -- Utah hasn't executed a condemned criminal by firing squad
Since Gary Mark Gilmore faced his death almost 20 years ago with a terse
"Let's do it." Today's prison officials aren't sure they remember how.

The Department of Corrections is Struggling to put together an execution
protocol to accommodate the wishes of John Albert Taylor, 36, convicted of
the 1988 rape and strangulation of an 11-year-old girl.

After losing his latest appeal a couple of weeks ago, Taylor fired his
lawyer, dropped further appeals and told a judge he wouldn't fight an
execution warrant for Jan. 26. Alone among the states, Utah offers the
condemned a choice between firing squad and lethal injection. Taylor would
be the first to die in that manner in the United States since Gilmore, whose
1977 execution ended a 10-year hiatus on Capital punishment in America.

"I'm not going to submit to lethal injection," Taylor said. "I don't want
togo flipping around like a fish out of water on that table." Despite giving
up his appeals, he maintains his innocence and on Friday telephoned a free-
lance writer to say he chose the firing squad to make his death as difficult
for the state as possible.

Since Gilmore, Utah has executed four inmates by lethal injection and hadn't
anticipated that anyone else would choose the firing squad. There's nobody
with the department now who was working when Gilmore died at dawn on Jan.
17, 1977. "I think it is fair to Say we're going tobe involved in a fair
amount of innovation," prison spokesman Jack Ford said. "We've got a fair
amount of work and not really much time to do it in."

(c) The Associated Press; December 11, 1995

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SUPREME COURT

The People, ete., v. Wallace Wilkinson.

There being no law on the subject th» court has no right to
legislate and make law nor supply the defects in the law.

S. IT, Lewis and Tilford & Tagan, tor the people.

The court did not err n adjudging the defendant to be shot.
People vy. Hartung, 22 N. Y. 96; Same Case, 26 N. Y. 167;
Same Case, 28 N. Y. £00; 4 Black. Com. 403, 4; 1 Bishop’s
Cr. Pr. 883. .

Boreman, J., delivered the opinion of the court:

The appellant was found guilty of murder in the first degree
and sentenced to suffer death by being shot. From this judg-
ment of the distriet court he has appealed to this court, and
alleges as a vround for the reversal of the judgment of the
district court, that there is no law in this Territory authorizing
the death penalty to be inflicted by shooting, and that the
sentence is therefore wrong and void.

The last section (§ 124) of a former statute of this Territory,
entitled “An Act in relation to Crimes and Punishments,” ap-
proved 6th March, 1852, provided that “when any person
shall be convicted of any crime, the punishment of which is
death, according to the provisions of this act and sentenced to
die, said person shall suffer death by being shot, hanged or be-\
headed, as the court may direct; or the person condemned |
shall have his option as to the manner of his execution.”

This section had reference only to the mode of execution,
and in effect provided that where any other section prescribed
the punishinent of death, and ¢ varty showld be thereunder
sentenced to die, that the manne. of carrying into execution
such punishment should be within the limits specified, namely.

shooting, hanging or beheading, or as the prisoner might

seleet.

The section was evidently restrictive in its nature, allowing
that the court had a discretion in the matter as to the mode,
but that such discretion should be confined to one of the
modes specified.

Thus the law stood until 1876, when the Legislature enacted

OF UTAH.

The People, ete., v. Wallace Wilkinson.

a uew “ Crimesand Punishment” act (Compiled Laws, p. 564)
and therein. expressly repealed the old act, thus blotting out
the section referred to respecting the mode of punishment.
In the act of 1876, however, it is provided that “every person
cuilty of murder in the first degree shall suffer death,” or, ete.
C. L. p. 586, $1920.

But no mode, however, of carrying into execution the sen-
tcnce of death is specified either in that or in any other act.

The statute referred to, of 1876, styled the * Penal Code,”
further provides as follows:

“Src. 10—The several sections of this code which declare
eertau'n erimes to be punishable as therein mentioned, devolve
a duty upon the court anthorized to pass sentence, to deter-
mine and impose the penalty preseribed.” C. L. p. 527, §
ISt0. ;

Thus the penalty of death is denounced against all who are
guilty of murder in the first degree, and it is made obligatory
upon the court to impose the sentence of death. Is the court
authorized to say how that sentence is to be carried out?

The appellant claims that the court las no such power, and
‘iat if it had then the power could only be exercised to fix one
mnner of punishment, that of hanging, and no discretion was
lit to the court in the matter.

The common law prescribes no one particular manner of in-
ficting the death penalty, although the mode ordinarily
alopted was by hanging the prisoner by the neck until he was
dead. Other modes were allowable and sometimes resorted to
even in murder eases. 4 Bl. Com. pp. 376, T.

The common law did not require the court to fix the mode
6! exeeution. It was no part of the judgment and it was
usually not embodied therein. Upon a calendar of the capital
cases the words “let him be hanged by the neck,” was entered
by the judge. This calendar, atter being signed by the judge
and clerk, was the only authority which the officer had to
execute the sentence of death by hanging. 4 Bl. Com. 403, 4;
1 Bishop's Cr. Pr. 883.

11

PINS: AO IOOHNDS

WHE ww iw 44d A See BAe


2 UTAH 158 and 99 Sup CT 35.
WILKERSON,Wallace, white, shot Utah (Provo) 5-16-1879,

"AN EXECU ION BY SHOOTING, = Wallace Wilkerson, who shot Baxter in Tintic about

two years ago, was executed here today at 12 noon, He evinced great nerve and sat

in a chair facing three guns, distant about thirty feet, without either bandaging

or closing his eyes, His wife spent last night and up to within half an hour of

the execution with him, The scene at parting was fery affecting. He made a speech, ii ex~
pressing his thanks to the officials and others, and stating that he had no ill-will toward
any but one person who swore falsely on the trial, He hoped that God would forvive

him, He told all goodbye, shook hands with a few officials and others, and then

took a position on the chair, At a signal from the Marshal three concealed marksmen fired,
He leaped from the chair, exclaiming, 'Oh, God,' fell forward on #K% his face and
continued breathing a few gasps for twenty-seven minutes, when the physicians proe

nounced him dead, There were about twenty-five people in the jail yard and probably

two hundred outside the enclosure,"

COURIER_JOURNAL, Lyuisville, Kye, May 17, 1879 (QeQakkxyayaxke (1:2.)

BBS iit iainan Run onan teenlbi Sides BA te

sid

Be aa ic a a:

AS PA a

ee

SUPREME COUT

The People, ete., v. Wallace Wilkinson.

TILE PEOPLE, Erc., Resronpents, ¥. WALLACE WIL-
KINSON, ArpreLLant.

1. Mopr or Exrcurina Prisoner UNDER Deati SenreENce.—Section
124 of the former Statutes of Utah Territory, which provided that whea
punishment of which was death,
r ‘shot, hanged or beheaded,” 28
ete., had reference only te
cution the

any person was convicted of a crime the
euch person should suffer death by beins
the court or person condemned should select,
the mode of execution, and the manner of carrying into exe
punishment of death,

2, [eld, further—That such section was repealed by the passage
act of March, 1876.

’ Acr or 1876, Errecr or.— Under the “
of 1876, the penalty of death is denounced against all persons who are
guilty of murder in the first degree, and it is made obligatory upon the

of the

Crimes and Punishment” act

courts to impose the sentence of death.
4. Move or Execution at Common Law.—The common law prescribed
r of inflicting the death penalty, although the mode

no particular manne
*“e neck until he wat

ordinarily adopted was by hanging the prisoner by
Other modes, however, were adopted in mura r cases.

urron in Uran.—W. was convicted of murder in the
Ity of which, under the laws in force, was death, hw
as provided for liy

dead.

5. Mops or Exec
first degree, the pena
no mode or manner of inflicting the death penalty w
statute. Defendant was sentenced to be “publicly shot’? to death, ete
Ifeld, That the mode and manner of carrying the sentence into effect form
no part of the judgment, and the entry of such order in the judgment is
no ground for its reversal. JZeld, further, That the court had the power to
dircet the mode of inflicting the death penalty in the absence of a special

provision of the statute.

I

Appeal from the First Judicial District Court.

An indictment against the appellant for murder in the first
degree was returned into open court on the 28th day of Sep:

tember, 1877.
On the 29th day of September, 1877, the appellant, be ng

in court in the custody of an officer, was duly arraigned, and
entered his plea of not guilty.

AND i tan SB

OF UTAIL

The People, ete., v. Wallace Wilkinson.

On the 22d day of November, being one of the days of the

rerular November Term of the District Court for the First
Judicial District, Territory of Utah, a good and lawful jury
was impaneled to try the case.
Afterwards, to-wit, on the 24th day of November, 1877, the
jury after being out returned into open court the following
\ordiet: “We, the jury in the above entitled cause, find the
respondent, Wallace Wilkinson, guiity of murder in the first
derree.”

‘Thereafter, on the 2Sth day of November, 1877, the follow-
ine judgment and sentence was given on the verdict by the
ert: “Therefore, it is the judgment and sentence of this
«ourt that you be taken from hence to some place in this Ter-
litery, where you shall be safely kept until Friday, the Ith
“ay of December next; that between the hours of 10 o’clock
inthe forenoon and 8 o’elock in the afternoon of the last-named
day you be taken from your place of confinement to some place
within this district, and that you be there publicly shot until
you are dead.”

The other facts are stated in the opinion of the court.

Hoge & Williams, for appellant.

“ Execution is the completion of human punishment, and
must be strictly performed in the manner which the law
directs? 4 Black. Com. 403; Zd/d. 178-179.

. lhe old statute law of Utah provided the manner of inflict-
ing the death penalty. Laws of Utah, March 6, 1852, p. 61,
C1,
This was repealed in terms by the penal code. Compiled
Laws of Utah, p. 651, § 2229. And no Jaw of a similar nature
enacted.

“Every person who is guilty of murder in the first degree
‘ vall suffer death.”? Compiled Laws of Utah, p. 586, § 1920.

There being no law authorizing so much of the judgment
and sentence as requires the appellant to be shot to death, the
jadement is void.

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WOODS, Omer D., wh, shot Utah (Salt Lake) January 18, 1064.

iM i i
His legs bound with electric
cord, Omer Woods reeled out
of his flame-swept apartment.
(Photo specially posed by professional
models

HE DOOR of Apartment No. 4 William F

came suddenly open and Omer nozzle, ax

Woods staggered out. Through Lowerir
the aperture a thick cloud of smoke men follo
billowed around him, and he pawed room the
blindly out of it, seeking fresh air. see that t!

The two women in the hallway the cham!
noted first that he seemed scarcely All the w
able to stand, and then they saw why. pouring 1
His ankles were bound with a length created a
of electric cord, and his features were Captain
begrimed and bruised. His shirt was stood onl;
torn, and he was badly dazed. . ~ flames he

The Woods flat in the Pauline Apart- lines of a
ments at 278 East First South Street mand he
in Salt Lake City seemed to be an At once
inferno. From the first floor rose within a
screams of panicky tenants scurrying smoking «
to safety, and through the street out- The sw
side came the wailing of sirens as fire spectacle
trucks raced to answer the alarm. from quic

“My wife,” gasped Woods, reeling the living
against the wall. “She’s still in there. burned n
Help her, please!” body of a

Florence Kimball, the third floor ness of its
resident who first noted smoke seep- to the bed
ing from No. 4 on the floor below her, The co:
supported the half-strangled man the hands
against a wall and looked helplessly observed
at Mrs. S. A. Cottrell, who with her woman’s \
husband owned the apartment house. despite th
The landlady had heard the wailing that she !
fire trucks; she stared at the stair- a towel.
way, her hands twisting nervously. Hancoc!

Miss Kimball needed only to glance the police
at the thick fumes rolling from the floor unti
Woods apartment to realize any at- Awaitin
tempt to brave the fire would be im- to learn tl
possible. An appalling dread struck Miss K
her like a blow in the solar plexis, and living roo
quick tears of sympathy sprang to her upon the
eyes. east, whe

Kindly, pathetic little Maryetta “It was
Woods was trapped in that holocaust! my clock
A sudden puff of scorching air from out from |
inside the flat bore the nauseating but he wa
stench, the unforgettable odor of in the Pr
charred human flesh to the quivering
young woman in the corridor.

There was a clatter on the stairs “My mh
and the shouts of men. Firefighters landlady
charged up the’ steps, led by Captain banged or

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IN THE MOUNTAINS

Arkansas State Police were amazed when
they received an anonymous’ note saying
that a thorough investigation into the death
of Mollie Ray: would uncover a diabolic crime
—a cold-blooded murder! _

The frue facts behind this colorful mystery
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FRONT PAGE
_ DETECTIVE |

On: Sale Everywhere Oct.. 13th 10c

"INSIDE. DETECTIVE

physician answered. “There was no smoke
in her lungs, so she was dead when the
fire started.”
“Now examine this man, doctor,” or-
dered the detective chief, “and tell me if
you see evidence that he has recently been
tied up, hand and foot.”
| Woods sprang to his feet. -“I am stand-
ing on my rights as a citizen,” he said
sharply. “You can't ex:mine me for any-
thing unless you prefer a charge!”
“You're under arrest right now—on sus-
picion of murder,” replied Beckstead.
“Doctor, proceed with the examination.”
The physician first examined the man’s
wrists. They were, encircled with red
marks. The ankles presented even more
conclusive evidence that Woods had told
the truth, for in places they were raw.

“T shall expect an apology,” the man
said in an injured tone.

“Maybe—after we have searched you,”
said Beckstead.

His men set upon him and were amazed
to find $100 in bills in his wallet.
“1 swear I thought they took my money,”
Woods declared solemnly. “They removed
my wallet, took something from it, then
put it back. It never occurred to me—I
took it for granted——”

A EACH STEP the case was becoming
more of an enigma. If the man’s story
was not true, how did he get the severe
beating? Surely his fragile, sickly wife
Maryetta had’ not inflicted those injuries.

Woods’ account of: the. assault and his
description of the mysterious bandits was
printed in the newspapers along with Mrs.
Jerome’s account of seeing the two men
flee from the apartment house. These
press accounts produced swift results.

The next morning Edward Shafer, a
carpenter who lived: at 154 South Third
Street, walked into the police station.

“I guess I’m one of the bandits you're
looking for,” he told Chief Beckstead.
_“What!”’ exclaimed the chief.

“My partner and I were pruning those
trees in front of the Pauline apartments
yesterday. We finished right after noon
and left. I’m sure the ‘bandits’ that the
lady saw was my partner and I, because
we are tall and short and were ~wearing
the kind of clothes she described.”

“What time did. you leave—exactly what
time ?”

“Right around 12:15 to 12:30.”

That time checked with Mrs. Jerome’s
story. Beckstead knew now that if Shafer.
was ‘telling the truth, then Woods had
fabricated a monstrous lie to cover a
heinous crime.

Within an hour the clue of the “two
bandits” was blown to bits. The story of
Shafer and his partner was found to be
true. They had no connection whatsoever
with the crime. Incidentally, before they
left their pruning job they saw no sus-
picious characters in the neighborhood and
they heard no unusual sounds coming from
the Woods apartment.

During the day several leads were
discovered which shed an entirely new
light on the crime. Julius Smith, an in-
surance company agent, reported to the
police that Omer Woods had made in-
quiries regarding an insurance policy for
his wife in November: of the preceding
year. :

Upon receiving that tip Chief Beckstead
rushed out: men to check all local in-
surance companies. Before nightfull they
discovered two policies on the life of
Maryetta) Woods with Omer Woods
named as beneficiary.

. The policies provided double indemnity
—a total of $16,000—should the insured
lose her life in a burning building!

“At Jast we have the missing motive,”

exclaimed Beckstead. ~

employes , iat

shops to so

through Ohio,’ The speed limit for persons

KE Say ONS | Mats

“Until a few years ago, the city of Los
Angeles prohibited street car conductors from
shooting jackrabbits from the platforms of
thelr cars. Another law made it illegal for

more than one person to bathe in or occupy

“whether completé. or partial,”. nor wer
citizens allowed to sell snakes, : lizards:
chameleons’ in public places.
““During Prohibition, lowa had’ a law pro-
hibiting the sale of “canned heat.” a form
of solidified alcohol. Reason: Thirsty.
were melting and drinking it,’ sjlivi) Si
England, in the time of Edward Ill, legis.
lated ‘against its citizens having more than
two courses at dinner, except on certain
holidays, when the nobles were permitted to

g a

serve Gs many courses Os they plea

He called in C. H. Reddington, an agent
of the National Casualty Company who
had written one of the policies. He in-
formed him that the policy had been issued
without a physical examination and that
Woods had represented his wife to be in
perfect health. A premium of $40, he said,
had been paid.for this policy by Woods
on January 6—just three days before his
wife’s death! X

Now that Beckstead knew he was on
the right trail, the case against the dis-
honored government agent snowballed at
a rapid pace. ;

Within a few hours an adolescent girl,
who for obvious reasons cannot be named
here, was located. Her intimates revealed
that Omer Woods:had maintained sex re-
lations with her over a period of more
than two years. © .

On top of this revelation came still an-
other which gave the wife-slayer additional
motive fof his ghastly crime. Bill collectors

. began storming the ctiy jail. Beckstead

estimated that Woods owed approximately
$3,000 in bills long past due and which
he admitted he could not pay.

When the prisoner was confronted with
all these suspicious facts, he broke down
and sobbed, swearing by all the gods that
he loved his wife and would not think of
harming her. He stoutly maintained that


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INSIDE DETECTIVE

the detective, for every window to the
apartment was closed and all windows
were closed when the ‘firemen arrived,
Under these conditions there could be no
draft of air. ;

Who had closed the door—after the fire
was well under way—after it had blazed
long enough to sear the outside of the door
which had been turned inward?

Detective Wire concluded that this dis-
covery likely. was of small importance, but
it stuck in his mind for no other reason
than that it was puzzling.

Just as he and Detective Egbert were
leaving the apartment, a patrolman who
had been stationed on the outside of the
building to keep back. the crowd came up
the stairs with a dignified old lady at his
heels, .

“This woman thinks she saw the ban-
dits,” the officer said.

“IT am Mrs. Jerome,” she told the de-
tectives. “I thought you might be inter-
ested in what I saw out in front on the
street just before the fire engines arrived.”

Mrs. Jerome explained that she lived on

“South Temple Street only two blocks from

the Pauline apartments. About 12:30 she

- left -her home to purchase some meat at a

butcher shop directly across the street east
from the Pauline. :

“As I was crossing the intersection,”
she related, “I saw a man leap from the
second story balcony of these apartments.
He jumped up quickly and looked around
to see if anyone was watching him. I

-turned my head pretending not to notice

him because I didn’t like his looks.

“He hurried around the,corner of the
building and joined another man who came
out of the alley by the upaittment. Then
hey hurried away toward town.”

“Describe these men,” said Wire eager-

_ woman described the two men in de-
tail.

Wire was impressed. The woman’s
description of the two suspicious characters
tallied amazingly with Woods’ description
of the two bandits, and the balcony from
which the tall man had leaped led directly
from the living room of the Woods apart-
ment.

Mrs. Jerome concluded her account with
a sinister note. “The tall fellow was car-
rying something in his hand,” she said. “It
looked like a monkey-wrench.”

She wanted to tell the officers about the
“two devils” that she had seen in the tea-
cup when Mrs. Woods came to visit her
just before the holidays. But being a
timid woman she decided against it, be-
lieving that the officers would not be in-
terested in a teacup fortune.

The two detectives tried to locate other
witnesses who had seen the mysterious
bandits, but they were unsuccessful. No
one else in the vicinity had seen the men.

More surprising was their discovery that
none of the apartment tenants had heard
any commotion in No. 4 during the noon
hour. Miss Kimball, who was in No, 6
directly overhead, heard nothing. Mrs.
Mary J. Collins, who lived in No. 2 di-
rectly beneath, heard nothing.

“Ordinarily I can hear quite plainly
when anyone is moving about in No. 4,”
Mrs. Collins told the investigators, “but I
have heard no footsteps or any other sounds
from No. 4 since early this morning.”

However, she did hear unusual sounds
coming from the Woods apartment during
the holidays. One night she heard a heavy
thud on the floor, she said, which was
followed by a woman’s cry- of pain.

“I was about to investigate,” she added,
“but soon the crying stopped and I thought
no more about it.”

Detective Wire pounced upon this in-
formation with eager interest. Mrs. Woods
could have been attacked by someone, it

appeared, only a few days before her death,
By whom? Had she been knocked to the
floor by her husband? _
Certainly there were no facts which
pointed to Woods’ guilt in the atrocity
which had made his wife a human torch
for, quite obviously, he too had been marked
for death, :
A canvass of the apartment house dis-
closed that only: one? other person—Arnell
Ballinger, the janitor—had ever heard un-
usual sounds from No. 4. His statement

helped to explain the holiday incident told.

by Mrs. Collins.

“Often 1 heard whimpering sounds com-
ing from No. 4,” he told the officers.
“Mrs. Woods was sickly, you know. Poor
soul, I suppose she suffered terribly from
pain.”

HATEVER | suspicions the officers
may have had concerning Woods’
treatment of his wife were quickly scotched
by several women who: lived in the apart-
ment house. From them they learned that
Woods was unusually attentive to his wife.
The battered and grief-stricken husband
accompanied the officers ‘to the police sta-
tion at the suggestion. of Chief of Detec-
tives Riley M. Beckstead, who was anx-
ious to have a more detailed account of
the crime. For two hours Woods an-
swered questions, but’ he was unable to
offer any clue from his past which might
provide a motive for the ‘brutal assault.
While his men were questioning Woods,
a report came to Chief Beckstead’s atten-
tion. A bartender at Tony’s Tavern, lo-
cated one block west of the Pauline apart-

. ments, had seen a tall man and a short

companion hurry past his. establishment
a few minutes before, the fire engines
screeched by. ‘

His description of the two men tallied
with the description supplied by Woods
and Mrs. Jerome. :

But the report which Chief Beckstead
wanted most to hear—-that the two sus-
pects had been captured—failed to come.

Literally dozens of men, some of them
potential killers, had crossed Woods’ trail.

_ Had two of them, perhaps ex-convicts, re-

turned to settle a. score? Against this
speculation was the man’s word that he did
not recognize either of the two bandits.
The case didn’t make sense. And to
make it still more baffling, fingerprint
men reported that: they had discovered
no clues on either the wrapping paper or
the shattered milk bottle. .
Chief Beckstead was about to release
Woods when Detective Wire burst into

‘the office. He called his chief aside and

whispered this startling news:

“One of the tenants saw Woods rushing
up the stairs to his apartment about 12:30
today! In other words, just about the
time the-attack occurred!”

Nor was that all. The tenant said that
when Woods went bounding up the stairs
he was carrying what appeared to ge a
quart bottle wrapped in paper. Wire had
checked with the drug store, learning that
Woods had purchased. the benzine shortly
alier noon instead of Saturday as he had
said.

The grieving husband, nursing black
eyes that were swollen almost shut, was
dumfounded when Beckstead confronted
him accusingly with this information.

“I’m so upset I don’t know whether. it
was today or Saturday when I bought
that benzine,” he replied with agitation.
“Anyway, if you think there’s anything
unusual about that——”

“There might be,” retorted Beckstead.
He called in Dr. Galligan. ©

“What caused the woman's death?” he
asked.

“Either strangulation or nervous shock
resulting from the blow on her skull,” the


INSIDE DETECTIVE ac oe

he was innocent of the crime and stuck : : ;
tehaciously to his story of the two ban- ;
dits. r

Beckstead answered this declaration of
b innocence with a warrant charging first
degree murder.

WHEN HE LAID his case before Salt

Lake City’s brilliant prosecutor, Dis-
trict Attorney E. A. Rogers, he was ad-
vised that without more conclusive evi-
dence Woods could never be convicted.

_ Together they attacked the problem of
linking the wife-killer more closely to his
crime.

Through two witnesses in Idaho’ they
discovered damning evidence that Woods
had planned for months to murder his in-
valid wife for profit.

Oscar Zimmerman, a laborer of Boise,
revealed that he was approached by Woods
the preceding August. _ Woods, he said,
made an attempt to induce him to make
some “easy money” by assisting with an
“accident” which would occur either in
an automobile ora burning building. Fur-
ther details of the deal were not discussed
because Zimmerman. said he was not in-

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your daily profits up as high'as you want them to go—a business ‘that may make
many men independently wealthy within the next few years. .

Co oe on

ERE, briefly, are the “highspots” of this minimum. We would not be interested in ap-
thrilling new business that should create pointing men who could not make at least that
“fortunes” for, thc + with the vision and fore- much every week. Then, as demand increases,

: * it other men can be put to work for you and you can
sight to get in on the ground floor now: double, triple or quadruple your weekly profit as : |

- steady repeat. business develops, :

FebFeeood$S. SFe. Ese. Bes

o tanson’s court in Salt Lake City. He was seasons. matter where you live—in the smallest town or the
3 defended by Thomas Ramage, at that time Tretendous natural demand in every _ [areest city—yon can establish yourself practically
B a noted member of the Utah bar. Sica vor toe ae seeks”, Seen ee reas garinn ge ore a
orm On the witness stand Tee Lee Woods readily see that this is not a business for “the
fen Pat : : WT Absolutely no experience needed to be > aa uv
068 spiritedly defended her father, declaring in successful. seid epee whe is satisfied to make a bare iv
<3 a! . ing, fu ior ie, wide-awake, aggressive gog' e.
wf — to an array of State witnesses No f i t ded. Your who wants to see his energy and enthusiasm pro-
igis- that her father was always kind, consider- whole investment will be less than duce the greatest possible results.in the shortest
hon ate, and loving to her mother. your first week’s potential income. possible time. ,
tain Woods denied any connection with the This is truth; not fiction—fact; not theory. To Facts Sent Free
d to crime and testified at length regarding the best of our knowledge, no other business in . *
= his “illustrious career” as an attorney, a Aen acess parnench the ebpentemty Set ee aaa ones rea seb gag Poel gar
lo as : i : entation,
a judge, and a federal undercover aaah = T ; , have read the amazing facts and figures in this
er. ; : Vision Turned to Reality Seercidl cueeies of S18400 be tor ext $0.00
gent The climax to the sensational trial came A short time ago, this amazing money-making for a complete business that can bring back that
: when Mrs. Jerome took the witness stand product was nothing more than a dream—today it investment in the first three days of operation, and
who t t th isod f the t fort is-a reality, then continue to pay as much as $252.00 a week net
in- o recoun e episode 0: e teacu ortune : : ry . oe ¢
in dh t P f the t tbe Lear hinge It is a practical, tried out, thoroughly tested Profit for one man operation, and up to as high as
sued an er story oO e wo suspicious business! : Every detail has been perfected—com- a thousand a week net profit to those men who
that characters that she had seen on the day plete and tested plans of operation worked out— have the ability to organize and direct other men.
e in of the murder. = necessary Arya ready to turn over to those ‘Act Quickly
said, Under cross-examination she admitted ee ee ee ee There is no time to lose. Today this proposition
oods that these two men did not appear nearly No Selling—No Canvassing is new. Tomorrow it will be a little older—next
; “awful” h h week a little older still, So get the facts without
a $ a s, ‘
> his = Paap ul s the two men she had seen Do not confuse this new product with anything a moment's delay, It’s the newcomers in any en-
in the teacup. 7 . : you have ever heard of before, It is not a potato terprise of this sort—the “ground floor operators”
s on No explanation was given at the trial pia not mgt ~ a gen La aige a rag —who always reap the richest rewards. °
Se - ey P| 4 2 rm paration—but a natural roduc at comes trom Th i hi d.
dis for the striking similarity between Woods Te gue; acted. the gremat, and. tiles. (ae. 6th; ee ae We do not want
band h ke : to hear from coupon clippers. If you don’t agree
od at imaginary Dan its and t 1€ two wor men It is not like anything you ever saw or heard of, or that this is worth a letter—or a telegram—you are
~whom Mrs. Jerome saw and described. areet bos — oa cae it . poi ed not the man’ for the business. :
girl, However, officers believed the similarity A mucaty Janta bicwdbis's So write or wire today—without the slightest
amed too close to be a coincidence; they be- sdiaiabccdnags be _ cost oF obligation—and get the information that
‘ : can make you independent for life.
‘ealed lieved that Woods may have seen the two $100.00 a Week, Net, to Start
x re- workmen in the vicinity and, on an im- According to accurate figures, the very minimum KING K. CoO. Dept. K-911
more pulse, decided to describe them as the of the first operation should produce a net cash
P ” 2 - ; ; 7 1 e e
torch bandits. : ‘ profit of at least $100.00 a week. Since it is possib! le 620 N. Michigan Ave.
’ h : 1 to make $42.00 a day, you can see that it would
IL an- At one o'clock on the morning of Ju y take only two and a half days of full operation to (CHICAGO ILLINOIS
tional 4 the jury brought in.a verdict of guilty make a profit of $100.00. This, we figure to be a }
ectors “without recommendation,” which meant \
«stead that the wife-slayer must die.
nately On the biting winter morning of Janu-
s 4 a“ ° ° °
which ary 18, 1924, two years following the “per- The zi piest magazine on
fect” crime that went awry, he faced a fir- ' d 1
{ with ing squad of five men at Utah State e newsstands
down Prison. At 8:17 a, M. they pulled the
s that triggers, ending the career of Omer Woods, On Sale Everywhere 10¢
ink of who learned like any common criminal, ;
t that crime does not pay.

A. C. Vadney, who lived at Council,
Idaho, said that Woods called him to Salt

Lake City less than two months before

the crime and tried to induce him to take
over the agency for a casualty insurance

company.

“He didn’t go into details,” Vadney
told the officers, “but he implied plainly

‘enough that dirty work was going to be
done by killing people and getting the in-
surance. Naturally I turned the fellow
down.” ° .

Woods denied knowing either of these
men. But on June 22, 1922—six months
after his dead wife was discovered in a
flaming bed—Omer Woods went on trial
for his life in District Judge Ephraim

peat business, yet one that has all of
the appeal of a novelty.

Requires no h to-h fi

or selling. You simply manufacture.
Every store, tavern, club, or any estab-
lishment where any sort of food is handled
are your immediate customers.

3 Starting with one unit alone you have
a capacity to enable you to make $42.00
profit a day selling at wholesale.

4” amazing product that can be manu- ©

factured by special secret

s by ~
only one mill in the country. This mill,
one of the largest of its kind, manufac- ©

tures the product exclusively for us and
our operators. No one else can make it or
buy it. This means your protection from
cut-throat price competition.

an year around business; no slack

No Expensive Equipment
Ordinarily a proposition as big as_ this would
require the purchase of expensive equipment with
which to manufacture this remarkable new product.
But in this. case our manufacturing process has
been so simplified that we can furnish you with,
everything you need to-start off making a profit
the very first day—all for an investment of $150.00,
‘

‘No Experience. Needed

Absolutely no experience is required to quickly
become successful in this thrilling and fascinating
new business. We tell you how to start—how to
establish yourself quickly—how to operate the busi-
ness the very day you are ready to go. We furnish ~
all necessary plans, systems and equipment. Any
man with ordinary intelligence and a real desire to
succeed is bound to make money, :

Small. Town or Big City

Another feature that makes this business: unlike ©
any other is that it can be operated anywhere. No

55


Se

; ooae Late this week, Con-
Stranger Than Fiction conce Keehn (abdve),
22-year-old ex-W-AC of Sherman Oaks, Calif,, will visit Utah
state prison’s death row to meet for the first time a man

she has been fighting to save from the firing squad for the
past year. It all began when Miss Keehn chanced on a classi-
fied ad in her home town paper: “Young man in desperate
situation. Proof of innocence but will die without financial
aid.” The young man was Don J. Neal, of San Francisco,
Calif., (shown above in the Utah prison chapel), convicted of
slaying a Salt Lake City, Utah, policeman in 1951. Neal in-
sisted his woman companion shot the officer. Subsequent ap-
peals to Utah cqurts were rejected. The day she read the ad,
Miss Keehn quit her job to devote full time to proving Neal’s
innocence. His next appeal is scheduled for the middle of
this month.

Me nee ei Z0 NM i)
C a
Nar an / q S Y

_ UP Telephoto
Don Jesse Neal,
Loses convicted slayer
of a Salt Lake City, Utah,
policeman, - lost the last
round in an attempt to save
himself from execution by
Utah’s firing squad. Neal
had sought a writ of habeas
corpus, claiming trial ir-
regularities, but it was
denied. Then the judge re-
jected his plea he had been
sentenced illegally.

— et ee

CO tO ct


|
|
|
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ST ee

SLAIN—
Police Sergeant Owen T. Farley {above) was

fatally shot in line of duty on May 23rd, 1951.

of he SILENT BULLET

By
RICHARD BANKS

+ L

UNCENSORED DETECTIVE, September, 1951.

TRAPPED '!—
Don Jesse Ne
to hide his

OWN TOV
relatively
Capital is
any city
isn’t half

that it is else,
result of the fi
Church’s first
who planned
blocks.

State Street
of the main
day afternoon.
hot sun was by
moving slowly
were lots of pec
and crosswalks.
no hustle or by
afternoon in a
peaceful city.

Hardly anyon
formed police x
1951 model car
and get in after
pants.

True, the car }
ticket under the
that didn’t call a;

The car back<
curb and swung
on State Street «
ters less than tw:
South.

Midway in the |
ever, the car suc

1. Farley (above) was
duty on May 23rd, 1951.

LLET |

tre of a des perado!

TRAPPED! —:

Don. Jesse Neal in custody, immediately after his capture in a garage, tries
to hide his face from the photographers. He was charged with murder.

OWNTOWN Salt Lake City is a

relatively quiet place. This Mormon

capital is as thoroughly modern as

any city of its size; yet the traffic

isn’t half the. problem in Salt Lake
that it is elsewhere. This is largely the
result of the forethought of the Mormon
Church’s first leader, Joseph Smith, Jr.,
who planned the wide streets and long
blocks.

State Street and Third South, is one
of the main intersections. On Wednes-
day afternoon, May 23rd, 1951, a bright
hot sun was beating down. Traffic was
moving slowly and courteously, there
were lots of pedestrians on the sidewalks
and crosswalks, but there was little or
no hustle or bustle. It was just a quiet
afternoon in a-prosperous, friendly and
peaceful city. ad

Hardly anyone even noticed the uni-
formed police sergeant walk up to the
1951 model car with a California license
and get in after a brief talk with its occu-
pants.

True, the car had an overtime parking
ticket under the* windshield wiper, but
that didn’t call any attention to it, either.

The car.backed out away from the
curb and swung around to travel north
on State Street towards police headquar-
ters less than two blocks away, at First
South.

Midway in the two-hundred block, how-
ever, the car suddenly careened’ wildly

*

and crashed with a rending jolt into a
row of cars parked at an angle into the
curb. Motorists, in the flow of traffic,
kept going. ,A few pedestrians looked to
see what caused the. noise.

They saw a well-dressed man wearing
natty sports togs step from the car carry-
a coat over his arms, and walk across
the street. And a trim young woman
with strawberry-blonde hair; summer
sports clothes, and high heels, slipped
out and walked onto the sidewalk where
she seemed to disappear.

Only one man saw the one most im-

_ portant fact right at that first confused

moment when it happened. This was a
Parcel Post delivery man, Joseph, M.
Anderson, who had just delivered a pack-
age to a store. Anderson, a Red Cross
first-aid expert who knows an_ injured
man when he sees one, saw the blue-
uniformed figure of the police sergeant
keel head first out of the car, after the
man and woman had left it, and crumple
face down onto the pavement.

As Anderson leaped forward to assist,
the sergeant regained his feet, with a
super-human effort and lunged up over
the high curb, where he reeled on the
sidewalk and collapsed again. Anderson
caught at his shoulders to ease the fall,
and saw blood pouring from between
the officer’s hands, clasped to his ab-
domen.

Anderson could see that the policeman

was sinking fast and had only moments
of consciousness left in this life.

“What happened, Sergeant?” he asked.
“Who did it?”

He looked around quickly, but the
man and the woman had been lost in
the crowds and the flowing motion of
traffic. 5 :

The officer gasped with pain and said
through numbed lips. “Police officer. . . .

shot ... he shot me . . . searched him,
too . . . don’t know where he got the
gun ... she must have had it hid, gave
it to him somehow. . .. they went...
that way ... get help, please . . . ambu-
_ lance.” :

Anderson bent close, “Who, Sergeant?
Who shot you?”

The officer’s eyes glazed, and Anderson
felt the life force lose contact with con-
sciousness. He looked at a group of
curious spectators. staring with horror
at the. blood spreading over the side-
walk, crimson ‘on the white concrete in
the brilliant sunlight.

“Watch him,” Anderson told
“Keep the sun off. I'll call help.”

He ran to a phone at a nearby store
and dialed police headquarters. “An offi-
cer has been shot in front of 269 South

them.

State,” he reported. “Get an ambulance
here fast.”

He went back out then to the crowded
sidewalk, but not even a trained _first-

aid man could do anything more for
37-year-old Police Sergeant Owen T. Far-
ley, one of the finest men who ever don
ned an officer’s uniform, and unquestion-
ably the most popular and_ best-loved

member of the Salt Lake Police Force.

15 y


4-29-99-—
UTAH: (death row inmate wants to drop appeals)

if he has his way, convicted murderer Joseph Mitchell Parsons could
be put to death by lethal injection before the end of the summer.

In handwritten motions filed in federal court this week, Parsons
asked that his counsel be fired and his federal appeal withdrawn,
clearing the way for his execution.

"Like other prisoners at other times, he's been in jail long enough
and he wants to get on with it," said Greg Sanders, who will remain
Parsons’ court-appointed attorney until a judge rules on his request.

“Petitioner has been held under the sentence of death for over 11 years
and believes that the interests of justice would best be served by this
court granting his motion . . . and allowing his death sentence to be
carried out,” Parsons, 34, wrote in the motion filed in District Court

on Monday.

Richard Emest was driving from Southem Califomia to Denver in August
1987 when he picked up Parsons -- then a 23-year-old parolee from

a Nevada prison — in Barstow, Calif. Parsons claims Emest made a pass
at him at a southem Utah rest stop.

Parsons said he tried to get out of the car, but Ernest grabbed him.
Parsons responded by stabbing Ernest in the chest with a hunting knife,
then plunged the knife into him 10 more times.

Parsons took Emest's wallet and credit cards, dumped his body beside
Interstate 15 and used the cards to pay for a motel room and personal
items. He was arrested near Beaver on Aug. 31, 1987, while sleeping in
Emest's car.

Parsons pleaded guilty to the murder before the case went to tral
and a jury sentenced him to death.

“(Parsons) is not convinced he should be executed," said prison
spokesman Jack Ford, who met with Parsons earlier this week. "He feels
almost that it's self-defense rather than an aggravated crime.”

"He's tired of living on death row where you have very little movement
or freedom," said Ford.

(source: The Salt Lake Tribune)

o>

Tuesday April 30,1986 America Online: Gaiba33

Page: 1

gq

“Nice little jail we have here, isn’t it?” he inquired

“Why, sure, sheriff. we've got a dandy jail—and plenty
of non-paying 8uests, too, since Bremerton became a boom
town,” the deputy repked”.” ;

Sheriff Vetters sighed and glanced at his desk calendar.
It was November 12, 1942. He reflected that the war had


155 P (Second) 71. : See
ROEDL, James J., white, Shot, Utah (Uintah County) on 7-13-1915.

"Salt Lake City, Utah, Nove 13, 192sTwo itinerant farm workers today were charged with
first degree murder in the robbery-killing of Mrs. Abigale Williams, 48, of San Leandro,
Calif, The complaint, filed before United States Vommissioner E,. M. Garnett by Dis trict
Attirmey Dan B. Shields, named Le “oy Edward Ritchey, 25, of lowa, and James Joseph Roedl,
Assistant District Attorney John S, Boyden said the twompaaint accused the two hitch hike
ang of beating and robbing the motorist who befriended them, Her body, the head battered
inin, was found on an eastern Utah Indian reservation October 13, Her car and money were
missinge

"FBI Agent Jay C, Newman reported Roedl told this story: Mrs, Williams, motoring from
Denver, offered the pair a ride to California, After leaving Vernal, Roedl curled up

in a blanket in the back seat with Mrs, Williams' dog and went to sleep. He was awakened
by a woman screaming: 'Don't hit me any more.’ “he car had stopped and Ritchey was hitting
the woman wit a hammer. Roedl threw a blanket over Mrs, Williams and Xitchey continued
to slug her,

"They took about $6 from her purse, tossed the body into a ditch and drove away. They
worked at Weiser, Idaho, for a time, then drove to Washington State, oedl was arrested
near Olympia Nov, 8 on a car theft charge, and after questioning him, Prosecutor Freder-
ick B. Cohen ordered the arrest of Ritchey. Newman said Mrs, Williams car was recovered
at the home of Ritchey's brother in Tracyton, Wash, When the body was discovered by a
farmer, a small dog stood guard. I™dentity of the victim was established after the dog's
license was traced," EXAMINER, San Francisco, July lh, 192 (II/1/1.)

'
\
\
'
|

|

}
i
b
'
'

i
{
i
i

1
'

+ (4B TEHEON ~

(Picture on Rack Paso)
nd Muntoe--Jr., Lo * Sars: aid, — carrangedt
ingest defendan® eyer t" ‘ed ter.
in the Cook sats Criminal: |
was found guilty lnsi night Of ,
ling of a emppled witiow wh
Hie pe pesh a
yen at 199 sears in the penite
“The verdict was qeturaed y
in the Cryminal et Of TU92€ Oison, The farmer. & resident of:
ideal of May field. Ciah. was placed in-jail. ,

fri nded him.

rystaisha alter Phyc

} oo: ~ ‘
Munrae: = Jed Mrs.
Py ters, 65 years O14, rs neat Blair, 15. was shot-through the
cro owtth a hammer, me WR as she sat ‘neera window in the. Ken-
n i » eh) : Y
“ne " Nae ee ee iM " ae ward home. A crowd gathered at the
<7 Yirre. we Be home.
ariviar weekly col
oon newspaper Ww a

hinks It “ Pertert Crime”
re areested Whe poy sats est
ing on his home, -4$3t Noth 339
After severai: hours "and yet it wap not
ioninz he confeased, but devia o :

ought he had ebinmitted) “th

‘night. as he awalted the urns:
hee'sat smiling ais
d beside Ris attorney. aby

When he verdiet was peid ny aha pepeturd t

ynok: murder ty Dr
Hoff head of the

FARMER KILLS WIFE
‘AND STEP-DAUGHTER;
1S SLAIN BY DEPI

Mount Pléasant, Utah, et. 2-—)

Henry. Osan, 39. {prmer, escaped |

| iail Tast_night, killed hig 15 year old
‘siep-daughtag , and. then pushed
‘throuch.4 chtwd and, shot ta death
wife. Olsen was sub-
sequen shot and killed. by a deputy
he tot ;

1 Mes. Emma cenward; at whose
-hom@ tHe phoorme oceyrred, asked
tpelice protertion after she said Olsen
made tbreaté when - he! was? unsuc-
cesta in an atiempt lo see Mrs.

He pecaped last night., A few min-
ates [ater His step-daughter, Barbara
head

seize

Before a posse could

=—— Olsen he ptished throwgh ‘he crowd

atid opened fire, on hts 30 year old

of Engiand before next June have,

‘tings L$20.54) per £100 to 26 pounds , sources said tonig

\ formula adopted for the king’s get-;

~

and are paying high rates against its

BY DAVID DARRAH.
[Chleage Tribune Press Service. J

(Picture on Back PageJ
LONDON, Oct. 21—Odds against
the marriage of King Edward VUL!

termined to Fight |
Fascist Rule

ee .

plunged from tne recent figure of 22'
to 1 to 4-to 2, accoraing to insurance De
tates quoted today against postpone-
ment of the coronation next May.
Postponement in considered “likely
only in the event of the king's mar-
riage.

Lloyd's would not officially auote
any instrance rates against the king's |
marrying his friend, Mrs. Ernest
[Wally] Simpson, or any other partic
ular woman, but London brokers doing
business subsequegtly underwritten
by Lloyd’s-were quoting increased
rates against the monarch’s marriage.
Insurance brokers, in response to in-
guiries, said no reputable broker tn!
England would discuss any business ;:
based on the supposition of the xthg's |

marrying any particular person. ; :
The News Review, a London weekly. | MOSCOW. Oct. 21.—l™—Russia
rT to bolt the Spanish oo H

‘6

e
s

~meere A x

_ Rebels Close to Madrid

MOSTOLES,; Spain. -—Leyaliat troope
| driven back to tora 13 mites freep
' Madrid: 10 planed shot down neat

| capital. Page &

4

‘ iy

BERLIN.—Naai youth leader anneuncep
formation of co-operative union with’
Italian youth organisation to fighs
communi:m in Europe. Page 2. /

declared that the average insurance ready

rates against a royal wedding have! pact and fend war planes to 1s

government, authoritati
ht, r

Bi Witly. the Fascist Insurgents strift-

ving ever cioser to Madrid, the

‘suddenly risen from 4 pounds 4 shil- Madrid

6 shillings [$124.61] per £100.
What. Insurance Costs. 1
That is, if you want £100 ($489) |
worth of insurance against the coro):
nation being postponed, which is the .

sources said, (he Kremlin feels t '
i, must send’ munitions and plants
as the only way to prevent establinfe |
ment of another rightist dictatorship ;
Similar to those in Italy and
imany.

Highest officials were agreed that
recent developments growing out af
the Spanish war have creatcd “the>
gravest days. in Europe in two ate |

ades.”

ting married, you must pay $124.61
for it.

The Newa Review reported that
London traders have been busily tak-
ing out more insurance all this last
week It edded that for those who
hope to profit from the coronation

4

1
Zz
i

‘Nee Only 160 Planes.
‘postponemest “the only compensa: Dictator Josef Stalin, informed per
sons said, ja convinced that Eurdpe

ition is the fact that the fing’s mar-|' .
‘yiage to a commoner would aitract) is nearing the ebyss of another war

greater crowds to the ceremony than ;3nd that:
‘fluence felt immediately. ;

‘if he wedded a royal princess.” ;
| British Press te Mention Case, i pep repenied Oat eo
{ ° : bad 7 P a been th! .erv~.
The Br ; ve its first:; - :
e British press will make its first ove that A few as 100 war plapes

‘mention of Mrs. Simpson's divorce. eS
a e P could tun thé entire tread of the

case agsinst her shipping broker Rus |< anish civil war in favor of the Ma-

‘hand in tomorrow's issue of the News!

: 4 : idrid government. Russia could méke

Review, it earned today. A sian me ai :
agile ganar , this number of planes availsdie : ale,

line item: will read: aK
| “Reporters. were last week laying , MOst immediately, it was said on high
; authority. ~ : i

‘their lines at Ipswich, Suffol in: : :
7 K ' The major. influence on the ~
‘mination gf tbe. Kremlin to aid Ma-

t
; readiness for the divorce suit between
'Mr. and Mes, Ernest Aldrich Simp;
son, expected to come up for hearing | 4° It wals said reliably. was the te-
next week before Mr. Justice Hawke.” |“ easingly, bitter Gecmen antichm
There will be no mention of King munist campaign. H co
“Hitler, it was recallqd, had p ty

Edward's friendship for: the Amer- ;
° leoveted the Russian Ukraine durtne

ica n-born ~ Wally.” , ,
The News Review. however, de- recent speeches at the Nag ¢
convention at Nuremberg. !

voted considerable space today to the
subject of British kings marrying _ Another Food Ship Halla, |
A Russian ship catryt supplies

commoners. It pointed out that! ;

should King Edward wed either aifrom Leningrad ' to in led
princess or & commoner the queen tonight with whal was announced at
would have a separate coronation... ,@ cargo of foodstuffs for victumg of

the Spanish revolution. |

It was, officially staled that the -
steamer ‘Turksib, which n iv
plies between Loadon. Hambarg. pnd
Leningrad. Ieft with 3000 tond of
flour, 1,009 tons of sugar, 800 fore
of codfish, 30 tons of candies, .
000 oaes! of canned foods and 1 $008
- j boxeg of thothing. t
These goods, tt was ataicd. ere

- The Queen's Coronation.
“The queen's { ronation.” it said,
-is separate from that of the king,
is crowned the rite of

If the queen

ee

—_——

"[Continued on page

‘
'

|

pune, ‘ - A! THURSDAY. OCTOBER 22. 1244 | at) purchased by subscription® fhom .
6 eee see ne rr ne A LOR _----- . ‘ ,

~ + —_- : orker*. Four previous food

— 7 [Chienge Dayligtt Thai | Russias Worne® P
Pi: oi Hoftman said. psunrie. TLD enna 5 BS. Mun ty ob) ships from = Russia sauled {som

cays belpre seal uieh ial ? 4 rt co pom. tovay. Ne ane Jupiter at Odewsa. , : | ie
: mul three days) ag sere, Mare Gnd Merury ~ — . :

aftec the ‘slaying that! the INBUTULE | mornreg| etare. Saiure a Juminary ; EUTRALITY FIG Looms

the micht. ‘ N Jat nT

gave out 7
i shoutd be contined to &
Muproe; wat evxamigted after
county behav iof clini¢
hat tha boy is an im

i fie report ‘That the boy
n institution.”
the |-

Hany R. Hoffman. |

4 TRIBUNE

CHICAGH), AN n. VI i
4 BAKOMETER. |

CHNITYE Mosthys

y
- PAYED DABRAN. —- ;
Trivess Prew Kerviee }
* Oct. 3t.— Behind the fer
ee ade
eween the adherents of Fasc tam and

.

Tou dap Frives
partiy clouds aad

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ot


e plates
m, Sud-
and his
a Model
ned, The
red mud
out the
iey drew

viously
He was
ving thin
ma dead
ontrasted
eyes were
he spied
, a genial
-es of the
lisarming.
omething

ily, “am I

te climbed
an traine
y weapons.
iis partner.
es Joseph

drain from

‘uchey ?”

jot a glance
re.

already on
ia lantern-
ith burning

,
- name?’

yw. We are
Cnele Sam's
stions they

142, just one
ier, The two
dl in Kitsap
FBI regional
} agents 1m-
have them
estioning, at
| Newman in
ure.
| urshals Her-
hiller jnmmedi-
lor Seattle to
Utah for trial.
deputy mar
hey confesses
‘Iliams, laying

edl had been
13 just outside
+ Vernal, Utah,
ep in the back
i the dog was
i somebody yell
.s that woman
n't hit me—on,

er on the head
sed to stop him
. was dead, SO
‘1 a blanket and
unk.”
and some change
They threw the
rom the car scv-
1.
\ Ritchey, claim-
ding in the front
said he was the
sat next to him
the outside. Sud-
/ a hammer from
triking Mrs. Wil-
was powerless to
said, because the
y the time he got

the car stopped, the woman was dead.

There were no bloodstains in the car,
as would have been from such an attack.
Back in Salt Lake City, under Jay New-
man’s skillful and persistent questioning,
Ritchey changed his story.

They had been picked up by Mrs. Wil-
liams outside Denver, just as he first had
claimed. They had not gone far when
they decided to kill her for the car. It
was old, she was a widow and neither the
car nor the woman would be missed, they
argued; but they wanted to kill her in
such a manner that no blood would be
spilled in the car.

From time to time, in various service
station washrooms, they made their plans.
Finally it was perfected. On a lonely
stretch of road, when they knew there
was gasoline in the tank, the murder
would be committed, Ritchey would make
it a point to be riding in the back seat.
Roed! would try to be driving. There
was a hammer in the car and also an
Indian blanket. '

When Roedl was ready for the kill, he
would start a song. The song would be
the signal for Ritchey to fling the blanket
over Mrs. Williams’ head. Roedl would
have the car stopped by that time; he
would have the hammer in his hand a
moment later and by beating Mrs. Wil-
liams to death through the blanket, all
blood would stay inside the blanket and
the car would be kept clean.

“We done this,” Ritchey said. “Roedl
hit her a few times until she was quiet,
then he handed me the hammer and I hit

her some more, Then we dumped her

down that bank and went on. I don’t
see how you got on to us so quick.”

“4 little dog told the sheriff down that
way,” Jay Newman said, without ex-
plaining.

Both. men. signed confessions but
pleaded not guilty when arraigned before
the United States commissioner of the
northern Utah district. They were held
without bond for trial_in March,§1943.

DARING DETECTIVE
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A atonoagh grote divas isa
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53


By PALMER HILL

T was the little dog, with a black
patch over one eye, that attracted
the man’s attention. Paul Be-
hunin was driving along the

highway on a return trip from the
city when he heard the pup’s mourn-
ful yowl. Behunin stopped his car and
walked toward the little animal. He
noticed it was lying partially on a
blanket, and partially on the heavy
grass in the borrow pit alongside the
road.

The dog began yapping excitedly as
Behunin lifted one corner of the
blanket. Terror swept over the man
as he stared into the face of a corpse
which was lying head down at the bot-
tom of the steep bank. Behunin raced
back toward his automobile. He

Sheriff Snyder of Uintah
County answered the frantic’
call of the man who made the
gruesome discovery of the
-8lain schoolteacher’s body.

FPS IG

Mrs. Agnes Abi-
gail Williams: her
philosophy of kind-
ness led her to her
terrible doom.

a

meshed gears nervously, trying to
shake off the fright that engulfed
him. Another moment, and he was off
toward his home from where he tele-
phoned the sheriff’s office.

It was a brisk midafternoon in Oc-
tober when Sheriff Herbert M. Sny-
der of Uintah County, Utah, arrived

at the scene. With him was County
Physician Dr. J. L. Hansen from Ver-
nal, the county seat, and Behunin.
“It was pure luck that I found her,”
the latter explained again. “I was
driving by here when I heard the dog.
The little pooch snapped at me when
I lifted the blanket. Then I saw the

CERTIFIED DETECTIVE CASES

“ f- =
CERTIFIED Deérectve CASES

Maced

Se a rae

pin and read the inscription: “Four
Square Gospel Team.”

“As I recall, the philosophy of the
Four Square Gospel is brotherly love
and kindness in all acts of life,” he
remarked grimly. ‘

“Yep,” Hansen answered. “And
that philosophy probably cost her
very life. No doubt, she picked up
someone along the highway who did
away with her for whatever money
she might have carried and ‘for her
car.”

Sheriff Snyder nodded and pocketed
the pin. He left the coroner to arrange
for removal of the body, and went up
the road, asking the farmers who
lived in the valley land bordered by
‘the desert, if they had seen any sus-
picious characters the day before.

Leon Kap, who lived across the
highway and a short distance west,

said that he thought he remembered ,

a car stopping for a few seconds late
the night before, but he didn’t think
any more about it. That might have
been around 10:30 p.m., he said. .

The Uintah County officer stopped
again at the general store and service
station a half mile west of the place
where Behunin had discovered the
corpse.

But no one there remembered a
strange car stopping in the afternoon

_and evening, but they said there had

been quite a bit of traffic. As for
hitchhikers, they were always going
through on Highway 40, and no one
could recall the appearance of any-
one in particular.

Since the crime was discovered on
the Uintah-Ouray Indian Reserva-
tion, it was a case for the federal

authorities. Sheriff Snyder called .

26

‘The wad of the trail for a pair a

ie fae et mean killers—Utah State Prison.

Agent-in-Charge Jay Newman of the
FBI in Salt Lake City and told him,
the story.

Newman immediately dispatched
two special agents to join the Uintah
County sheriff at Vernal. The trio
went directly to the morgue. There
Dr.-Hansen told them that the victim
might have been married since ring
marks were visible on her left hand.
The rings, however, had been re-

moved. Her purse was missing, and :
_ she had no identification whatsoever.

Further evidence of robbery as a mo-
tive was indicated by the fact that a
money belt she wore around her waist
had been stripped of whatever it con-
tained.

Sheriff Snyder returned to his car,

where the little white dog sat silently

’ in the rear. It took the officers less

than a minute to make friends, and it
wasn’t long until he had the dog at
his house where his children were ca-
joling it with food and breaking down
the reserve of terror that kept it
trembling half the time.

“That dog saw-the killing, no
doubt,” Snyder said to his wife, “and
loyal little thing that she is, she was
going to fight us at the drop of a hat
when we went near the body.”

He unfastened the leather collar
and returned to town. In his office he
studied the license attached. It read:
“1942 Alameda County, California,
No. 30.”

The sheriff pulled the desk phone
toward him, lifted the receiver and
put in a long distance call for the
sheriff of Alameda County. When
contact was made, he outlined the
meager clues he had to go on and re-

-quested a check of the dog licenses

« Here one of them faced the firing ;:

te

issued, together with a full report on
the person to whom license No. 30
was issued.

This done, he summoned city mar-
shal Emery Johnson and outlined the
case. “It’s quite likely that the. woman
and her companion. stopped in town
on the way through last night. I: as-
sume she was headed west and passed

‘through here before being killed be-

cause she was on the north side of the
road,” Snyder explained.

“If my deductions are correct, they
may have stopped in a restaurant for
a sandwich, and it’s almost a sure bet
they stopped. at some service station
for gas. Check them for me, will
you?”

Johnson nodded emphatically and
left at once. The sheriff called the
coroner. “If the woman stopped in

‘town last night on her way through,”

he said, “someone may have seen her.
If so, maybe they can describe her
companion to us. Can you fix the body
up as decently as possible, so we can
let people in to see if they recognize
her?” .

“Sure!” Hansen replied. “It’ll take
me about an hour.”

However, in less time than he had
estimated, the coroner was ready and
the residents of Vernal were filing
through the room, pausing to look at
the woman’s features, studying them
for recognition, and then passing on
to shake their heads at the deputy
sheriff posted over the body.

By that evening,. several hundred
people had been to the funeral home,
but not one of them knew who the
victim was, nor had any of them seen
her en route through Vernal.

Marshal Johnson seemed to have

CERTIFIED DETECTIVE CASES


THERE WAS A SONG ON HIS LIPS—GOODNESS

WAS IN THE SCHOOLTEACHER'S HEART—BUT HER

GOODNESS WAS REPAID—WITH SUDDEN DEATH!

body. What a sight!”

“She was probably killed else-
where,’’ Snyder muttered, ‘and
dumped over the bank from the mur-
der. car.”

The sheriff looked around. It was
only several hundred feet to the Uin-
tah River bridge and less than a mile
within the Uintah-Ouray Indian Res-
ervation.

SO Si 4
metic 5"

The officer and the county coroner
started to walk down the bank, and
the little dog rushed at them, snap-
ping furiously. {

“It’s her dog, no doubt,” the sheriff
said, wondering how to get past those
sharp, flashing teeth. “That’s one
thing in our favor, too. There’s a li-

CERTIFIED DETECTIVE CASES

cense on the collar and we can identify
her that way.”

With the help of Behunin and Han-
sen, the sheriff collared the little
white dog and put it in the back seat
of his sedan. Then he joined the doc-
tor who was examining the body.

“The poor woman was clubbed to
death,” Hansen remarked. “She was
hit at least a dozen times, and each

an r a, C5 gt BMF

A police photographer makes

a record of the scene of the
crime. Note the covered body

of Mrs. Williams on the right. 9%
EAN S ART OY ga

Laie Pca hs

aw ft
wre
wi)

blow fractured the skull.”

“How old would you say she is?’
Snyder asked.

“Oh, forty, maybe forty-five,” Han-
sen ventured. “And she’s a tiny wom-
an at that. No trouble for the mur-
derer to kill her. I’d say she’s been
dead about thirty hours.”

Leroy Edward Ritchie found
the police on his tail when his
brother, Harold, reported a
stolen car. That started it.

The two men rolled the body over
and Sheriff Snyder picked up the
blood-soaked blanket, which bore the
marks of a sharp instrument.

“It’s obvious that she was smoth-
ered with this blanket,” Snyder ob-
served. “And it’s likely that the blows
were struck through the fabric.”

The coroner examined the blanket
more closely. “That would be my
guess, too,” he said.

The men regarded each other in
silence. What manner of fiend would
club a defenseless woman to death in

the bleak desert and wantonly discard

her body at the roadside?
Sheriff.Snyder bent over the corpse

again, attracted by a glistening on the

black coat lapel. He unfastened the

James J. Roedl warbled the
few bars from a one-time pop-
ular love song—the signal for
murder to strike. ...

i
 %”

| ae!

Ԥ MAL la


SELBY, Pierre Dale, black, leth. inj. Utah on 8-28-1987.

at a
- ey at p
4 ?

: ec

¥

SALT LAKE CITY (AP) — Convicted
“hi-fi killer” Pierre Dale Selby’s
éxecutioners have been hired, and the
state could carry out his death by lethal
injection on a few hours notice, Utah
State Prison Warden Jerry Cook says.

“Tf it had to take place tomorrow, I’m
sure we could make the last-minute

_ preparations,” Cook said. Tuesday in an

interview. “We're prepared to carry out
our statutory responsibilities.”

“Selby, 34, reared in Trinidad and
Brooklyn, N.Y., is scheduled to die
shortly after 1 a.m. Aug. 28 for the.

 torture-murder of three people and
‘maiming of two others during the 1974
robbery of the Ogden Hi-Fi Shop.

“William Andrews, 32, of Jonesboro,

'La., also convicted of murder in the-

_ case, is about six months behind Selby in
the appeals process.

In a two-day commutation hearing:
last week, Selby exercised his last
regular avenue of appeal and pleaded
for clemency before the state Board of
Pardons, declaring that he has found
God and no longer is capable of murder.

’ The three-member panel is scheduled
to announce its decision at 11:30 a.m.
Friday at .the prison, said Paul
Sheffield,. the board’s executive
director. :

“Unless the board commutes Selby’s
sentence to life in prison, and barring
unforeseen court intervention, he will
become the first person executed in

Executioners hired

for Utah’s ‘hi-fi

killer’

Utah since Gary Gilmore was shot bya
firing squad in 1977 to end a 10-year
moratorium on capital punishment in

the United States. F tL
Two executioners and at least one » P on rh

backup have been hired to administer *

the series of three drugs — sodium J ” fens r

pentothal, Pavulon and potassium : A) (

chloride — which will render Selby
unconscious, then paralyze his lungs and
stop his heart, said Department of
Corrections spokesman Juan

Benevidez.

Each executioner has a medical
background, but department officials ©
have refused to say anything further
that might. reveal their identities,
known only to Cook and possibly a.
deputy. SE pt ea

“The protection of the identities of
these people is paramount,” said Cook,
who witnessed and helped plan
Gilmore’s execution.

He said the task of finding persons
willing to administer the lethal
injection was more difficult than
‘gathering a firing squad.

State law requires that the lethal
injection be administered by a person
with a medical background, someone
who by training is accustomed to saving
lives rather than taking them. Firing
squads are selected from among
employees of law-enforcement

agencies.

7 eee ee
Utah plans to execut Hi-F PV killer

POINT OF THE MOUNTA
IN, Utah _
errr eee sat lay to grant eae io
orturing and shooting fi -
pe neering the way for Utah’s first watation ate ’
a of Gary Gilmore a decade ago. 7
Dal bain are intervention, “Hi-Fi killer” Pierre
esr y be executed by lethal injection ear]
mr ved ‘e ret State Prison. ?
ard 0 ardons’ 3-0 decisio
ahs aah i aren hin life in Stteon'Garis ¢ oech
e to e panel he has fou
miter row and isn’t the same man who comnlied
. al prosecutors call the most heinous cri
ta story. crime in
_selby was an airman from Brookl
S an n, N.Y. -
pple Ber ck de Base near Obden os
Apr 2 Ira robbed the Ogden Hi-Fi Shop on
e victims were forced to drink liqui
li
net before being shot in the head. three ‘died:
: g 19-year-old Michelle. Ansley who
aped by Selby. ai in
- One of the tw i i i
dariny Relbe 0 survivors had a pen kicked into his

- William Andr
wun couinill ews, 32, from Jonesboro, La., also

ders, although his onl j
. : art
area Drano for the victinrs agai evn
ws’ . :
months. appeals trail Selby’s by about si
Board Chairwoman Victoria
oria Palacios tol
tha wile e had ndred @ stress chdhood a
nature of his cri tation, the aggravatin
tors. of his crimes outweighed all mitigating fac

After announcin , ot
outside the heaffiie’r hess hee S decision, she wept

Selb i
see y, 34, showed no emotion as the decision was
His would be the first execution i
( cution in Ut j
ae Gilmore was shot by a firing Art ported
an, ar nino moratorium on capital punisiiient
pt es reteaeGik “gene the same method of
gered ey by lethal injection” oo ee
y also would be the first outsid
Pielke eal th against his will, scone 4
the iberties Union S j
Supreme Court’s 1976 decisi ing slates tote.
sion allowin -
pene Reg en punishment, Gilmore, ao tiene
in Nevada and two executed in Indiana did not

sg oY I ane

wr a,
es

er Be ag featame f Per y
“POINT OF THE MOUNTAIN, Utah
(AB) — The clemency plea of “Hi-Fi
ijer” Pierre Dale Selby was denied.
Friday by the state Board of Pardons,
setting the stage for Utah’s, first
‘execution in a decade.
«tBatring |. extraordinary . court
intervention, Selby will be executed by
lethal injection shortly after-1 a.m. next
ae at Utah State Prison for the
it rture-murders of three people during »
\a1974 robbery. iid Ld

lea of ‘Hi-Fi -

d by board ©

“Tn sum, the board unanimously finds

that the petitioner has not met the

burden recuired of him; the petition for
commutation is denied,” Palacios said.

Moments later, outside the prison
hearing room, she wept.

Selby, 34, showed no emotion as the
decision was read. Then he smiled
slightly as he pressed the arm of an
attorney seated next to him and was
hustled back to the maximum-security
cell that is some 200 yards from the

“The board’s 3-0 decision not to execution chamber in a new prison
commute Selby’s sentence to life in warehouse. -
prison came a week after the inmate Later, Selby told Warden Jerry Cook |:
tald the panel he has found God on death that he planned to fast the last 48 hours — “
row.and isn’t the same man who _ before his execution.
<bmmitted what prosecutors call the . -Selby was an airman from Brooklyn, :
gost heinous. crime in the state’s N.Y., stationed at Hill Air Force Base /
history. :\ i near Ogden when he and a fellow |
‘t Board Chairwoman Victoria Palacios airman robbed the Ogden Hi-FiShopon |:
‘told Selby that, while he hadendureda April 22, 1974. ‘
stressful childhood and had undertaken The victims were forced to drink|
sincere efforts at rehabilitation, the .” liquid drain cleaner before being shot in
aggravating nature of his crimes the head. Three died, including 19-year-_
outweighed all mitigating factors. re Ansley, who was raped by
oh URS eo Ro ~~ Selby.
Eee ele hy “> =~ One of the two survivors had a pen
ands. '. kicked into his ear by Selby.
‘ord. ., William’. Andrews, 32, from
er - Jonesboro, La., also was convicted and
s sentenced to death for the murders,
‘ although his only part in the actual
slayings was pouring Drano for the.
wictims. . ee =
-. Andrews’ appeals trail Selby’s by
about six months. (

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om the gun
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RES

ee

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es
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yes

dropped to the floor, but he was only
stunned by the bullet.

Mr. Walker was unable to place how
long he lay stunned on the floor, but when
he-was able to move, the gunmen were
still present. One noticed that he had not
succumbed to the bullet and he swore
luridly at the failure.

Why the killers had not used a second
bullet to complete the job, Walker did not
know and the investigators were unable
to speculate. Instead, one of the men used
his hands to choke him manually.

Even in his grievously injured condi-
tion, Mr. Walker related, he recongized
that his only hope for survival was to
feign death. He let himself go limp under
the strangling grip of the gunman.

But still the bandit-killers were not
through.

A ballpoint pen had dropped from.,

Walker's coat during the assault. One of
the killers picked up the pen and thrust it
into Walker's ear. He kicked it violently
three times, driving the point of the pen
into Walker’s skull until only the end ex-
tended from his ear.

Meanwhile, at the Walker home, his
wife waited anxiously for a call from her

husband. After two hours had passed, she

told her younger son: “We are going
down to the shop and see what the trou-
ble is. | am certain something is wrong, or

As TV cameraman moved in at right, suspect William Andrews was brought in for questioning by investigative officers ;

your father would have called us long
before this.”

When they arrived at the store, they
found the front door locked. There was
no sign of anyone as they peered in
through the shop windows. They walked
around to the back of the store, where the

. boy spotted his father’s car and the four-

wheel drive vehicle his brother had been
using.

“I think we should call the police,” his
mother said nervously.

“Wait a minute,” the youth said. “I
think I hear something inside.”

What he heard was a moaning sound.
He kicked frantically at the door until it
burst open.

Inside the shop, the boy found his
father. The elder Walker had somehow
managed to break loose from his bonds.
He was on his feet, staggering, with the
ball point pen protruding from his ear
dripping blood."

Officer J. K. Youngberg, who was driv-
ing a patrol car in the area, was the first to
arrive on the scene. He was followed
shortly by detectives from police head-
quarters and two ambulances.

The officers and the ambulance crew
placed Mr. Walker in one of the am-
bulances and he was sped off to the
hospital. In the basement, they dis-

_ covered that Courtney Naisbitt and his

mother were still alive.
Stanley Walker and Sherry Michelle ie

Ansley were pronounced dead at the ~ .

scene and the bodies left for removal by
the coroner.

Mrs. Naisbitt was cronelndad dead:
within a few minutes after the ambulance
arrived at the hospital. Her son was in
grave condition from the bullet wound in®-
the back of his head and from the cor.
rosive acid he had been forced to:
swallow. é

Even before being taken to emergency
surgery, Mr. Walker, who had regained
consciousness, insisted upon talking to
the detective who accompanied him to-
the hospital in the ambulance. He was
able to give a description of the two.
bandit-killers. 3

He described the pair as being black .
men in their early 20s with bushy, Afro-
styled hair. One was thin, about 5-foot-11
and clean shaven. The other was husky, -
heavier and taller, with a mustache. He —
was also able to tell the detective about

the white van he had seen parked in the

alley. He had not noted the license plate’:
but felt certain it was a Utah issue. % a
The description of the suspects and the.
truck was immediately broadcast from:
headquarters over a police network that.
covered Utah and neighboring states.

i
4
P 33

AEE EMAC I a aterm


e

a

we

Walker's eyes opened. “No,” he croak-
ed. “I can tell you. I want you to find those
men who killed my son.”
The account of what had taken place,
“as pieced together by Chief of Detectives
Robert Warren, assisted by Detectives
George Throckmorton, Darold Hawkins,
= ¢R. L. Gardner and Keith Burkdoll, started
y “at 8 o'clock on the Monday evening of
“SA pril 22, 1974.
“J The Walker family had finished their
evening meal at home and were worried
that their eldest son, Stanley, who was
20-year-old and acting manager of the Hi
Fi Shop on Washington Boulevard in
4  “townhad not come home or telephoned
'f- .sto explain the reason for his delay.
BS ae Normally, Stanley closed the shop at 6
-9' clock. He was using his father’s four-
wheel drive vehicle and ‘should have
arrived within 15 minutes after closing
“time. The family waited for a half-hour
~ before starting their meal, and the senior
. Walker had called the shop several times
=without receiving an answer.
“T think I'll drive down there and see
hat’s going on,” Mr. Walker told his
ife. He attempted to make his concern
sound casual so as not to further disturb
chis wife.
“Stanley always calls if he is going to be
|= Jate,” the youth’s mother said worriedly.
| > = “He may have had to make a delivery,”
“Mr. Walker said. “Let’s not get upset until
we know what it is all about.”
_> As Walker drove by the alley where
- there is a rear entrance to the Hi FiShop,
che saw his four-wheel drive vehicle park-
ed near the entrance. He pulled in and
_ Noted that there was a white van parked
~< at the rear entrance. As he got out of his
‘car and walked up to it, he noted that it
«Was partially filled with stereo equip-
‘ment.
Mr. Walker related later that his im-
mediate reaction was one of relief. He
~-thought that his son had sold a large order
_ =and had stayed on to help load the equip-
“ment. As Walker entered the rear of the
=*shop, he glanced down a stairway to the
“basement that housés a display room for
“additional stereo equipment.
“>, A man at the bottom of the stairs
pointed a gun at him and motioned tc
him to come down, enforcing the order
‘with a threat that he would shoot and kill
_ him unless he obeyed.
~*~ In the carpeted showroom in the base-
- “ment, there was a second man witha gun.
Trussed up, hands and feet with electric
cord and an adhesive strip across his
-<mouth, Stanley Walker managed to
: Sssquirm sidewise so he could see his father.
*“Also bound and gagged was 18-year-
old Sherry Michelle Ansley. The girl had
been employed in the record department
“of the shop for only a week. Next to her
“ewas 16-year-old Courtney Naisbitt,
© another employe.
pe The two gunmen tore out electric wir-

os

x pe:

*

peat: bai

Mrs. Carol Naisbitt, 52, died in the record
shop slaughter. Her teenage son, Courtney,
Critically wounded in the melee, survived

Stanley Walker, 20-year-old owner of the
record shop, died in execution fashion,
hands bound, his face against the wall...

®

ing from some of the equipment on dis-
play and tied up the senior Walker,
slapped adhesive tape across his lips and
forced him to lie down with the others.

“Damn, man, let’s get hauling this stuff
out or we're going to be here all night,”
one of the gunmen was overheard by
Walker. '

“We got all night, man,” the other
replied. “We ain’t in no hurry. Some of
this stuff is heavy and these dudes ain’t
going no place.”

It was only a few minutes later when
Mrs. Carol Naisbitt arrived at the shop.
Like the Walkers, she had become con-
cerned when her son had not come home
from work. Finding the front door to the
store locked, she had walked around to
the rear entrance and encountered the
gunmen.

Like Orren Walker, she had been forc-
ed down the stairway to the basement,
where she was bound and gagged.

Mr. Walker, in his tortured statement to
the detectives, said he was uncertain how
long it took the gunmen to select the most
expensive pieces of electronic equipment

_and load it in the van parked in the alley.
He estimated it as something under an
hour. A check of the stock indicated they
had carted out in excess of $24,000 worth
of stereo equipment.

When they were apparently satisfied
they had looted the store of its most ex-
pensive items, they returned to the base-
ment. One of the men brought with him a
large container of liquid Drano. ~

. A later check by the detectives deter-
‘mined that the caustic drain cleaner was
‘not a part of the cleaning supplies at the
shop and apparently had. been brought
by the gunmen. They also determined
that a short time prior to the raid upon the
Store, a television crime show had
own an.episode in which the bandits
nad torced the victims to drink corrosive
drain cleaner to burn their vocal cords
and make it impossible for them to iden-
tify the criminals vocally.

Mr. Walker’s statement to the detec-
tives related that the two gunmen ripped
away the adhesive from the mouths of
their hostages and forced them to
swallow from the bottle of drain cleaner.
He said that when they came to him'with
the bottle, he held the caustic in his mouth
without swallowing it and then managed
to spit it out as he feigned vomiting.

As the victims lay retching from the
corrosive, Sherry Ansley was dragged out
of the carpeted showroom to one of the
adjoining storage rooms. In turn, each of
the gunmen went into the room with the
18-year-old girl.

When she was dragged back into the
showroom, the girl was nude, except fora
pair of white stockings she had been
wearing. Bound and unable to do
anything, Walker related that he could
hear the pitiful moaning and sobs of the
girl who had been physically abused so
brutally.

Walker's statement continued that the
gunmen were about to leave when one of
them suggested it was possible the drain

cleaner the victims had been forced to.

swallow might not silence them. Asa test,
one of the men kicked Stanley Walker
and the young man involuntarily let out a,
cry.

“Hell, man, that crap ain’t going to!
work!” Walker stated he heard one of the ;
gunmen say. “It’s just one of those crappy |
things they put on TV. We better finish |
them off right.”

The victims, still’ bound, were.
manhandled as they were forced to their |
feet and made to stand facing a wall in the |
basement showroom. a

Methodically, the gunmen shot each of .
the victims in the back of the head. |

Miraculously, the slug from the gun:
placed to the senior Walker’s head glanc-'
ed off his skull without penetrating. "q

dropped t:

stunned by

Mr. Wall
long he lay
he was abl
still present
succumbed
luridly: at th

Why the
bullet to. con

know and t
to speculate
his hands to
Even in }
tion, Mr. W.
that his onl:
feign death.
the stranglin
But still ¢
through.
A_ballpoir
Walker's coat
the killers pic

_into Walker's

three times, «
into Walker's
tended from
Meanwhile.
wife waited a
husband. Afte
told her you
down to the s
ble is. I am cer


departments put into effect road

blockades with a radius of several hun-
dred miles surrounding Ogden.

~ Chief of Police LeRoy Jacobsen was
summoned to the scene. Lieutenant.
Edwin Hymas, who was coordinating the
various phases of the investigation with
Captain Waaren, told Jacobsen: “It’s the
most vicious, horrible crime I have ever
seen.”

_As he reported that the elder Walker
had not only survived the brutal assault
but had been conscious enough to give a
sketchy account of what had happened

_and a description of the killers, Hymas
added: “It’s our one big break. If they had
killed them all, we wouldn't have had any
idea of what happened or who we should
look for.”

. “Two black men in a white van loaded
» with stereo equipment shouldn’t be too

difficult to locate if we can move. fast

enough,” Chief Jacobsen said grimly.
“We've put out an emergency alert,”

“. Hymas replied. “If they try to make arun

for it, they'll be stopped somewhere.”
« Captain Wafren had his men locate and
contact we wners and operators of other
_ businesses in the area. Since the Hi Fi
Shop normally closed at 6 o’clock in the
evening, he reasoned that the bandit-
killers must have arrived jist at closing
time to catch all three persons employed
in the shop.

One of the owners of a business in the
same block as the HiFi Shop reported to
the detectives that he had seen three
black men and a white van in the alley
shortly after he closed his store at 6
o'clock. He said he’d seen one of the
men drive the four-wheel drive vehicle

. belonging to Walker a short way up the
alley and then pull the white van up to the
rear door of the record store.

“I figured they were either making a
delivery or picking something up. I saw
that the back door to the Hi Fi Shop was
open and they didn’t seem particularly
concerned that I had seen them,” he

stated. “I didn’t think anything of it at the:

time.” ;

The witness was unsure of the descrip-
tion of the three men, except that they
were black.

The elder,Walker, in his brief statement
and description of the suspects, had men-
tioned only two men. The witness,
however, was positive that he had seen
three men.

A lab crew at the crime scene worked
throughout the night dusting for finger-
prints, photographing every section of
the shop and basement and carefully
preserving all possible evidence. The
crew was unable to locate the bottle of li-
quid Drano Mr. Walker had mentioned.
It appeared the killers had brought it with
them and taken it away when they left.

Dr. Serge M. Moore, Chief Medical Ex-
aminer for Utah, was called and re-
-quested by police to perform post

20

mortem examinations on the victims as
soon as possible. The investigators were
particularly anxious to determine the
caliber of the slugs used in the slayings.

A ballistics examination of the slugs
removed from the heads of the victims
tentatively set the weapons as being .25
caliber and .38 caliber handguns.

Dr. Moore reported that while the
deaths of Stanley Walker, Sherry Michell
Ansley and Mrs. Carol Naisbitt had been
caused by the bullet wounds in their

heads, death would undoubtedly have -

resulted from the amount of corrosive
acid they had swallowed by being forced
to drink the liquid Drano.

His report further stated that in what
appeared to be sheer savagery, a quantity

.of the caustic drain cleaner had been

splashed on the faces and bodies of the

Following discovery of a wallet near AF
base, Airman Dale Pierre was interrogated

victims, leaving searing burns on the
flesh.

A report from the hospital stated that
despite his serious wounds, particularly
the ballpoint pen that had been jammed
into his head through the ear drum, Mr.
Walker was making a_ satisfactory
recovery. He was conscious and anxious
to talk with the detectives to help as much
as possible to find the men responsible for
the slaying of his son and the others.

Sixteen-year-old Courtney Naisbitt
was listed as being in critical condition.
Physicians reported that if he should
recover, they were fearful that the slug
fired into his head might cause perma-
nent brain damage.

By mid-afternoon, the detectives who
had worked throughout the night and
morning on the case felt the let down and

sail ——
pes a) scenes VV. 5 ba i 4
see

a growing sense of frustration in that the
white van with the two suspects had not
been sighted. The killers had only a cou-
ple of hours start on the police and road
blockades had closed up the area well

beyond where they could have driven in.
that length of time. It seemed to indicate ..

that the bandit-killers had a pre-planned
hiding place for the truck laden with loot.

A score or more of white panel trucks

had been stopped, but none contained
the stolen stereo equipment or persons
who could be linked to the crime. Every

hour that passed lessened the chances that |

the killers might be captured while still in
the van with the loot.

“I'm sure they could not have gotten |
past the roadblocks,” Captain Warren °
reported to Chief Jacobsen. “Chances |
are, they had this thing well planned. |

They must -have had some garage or
building where they could hide the van
and wait until the heat is off.”

Jacobsen agreed with the theory.

Moreover, the loot taken suggested that _

the bandits must have had some plan as to

how to dispose of the expensive equip- |

ment. “This may not be their first heist,”

the chief said. “Have you put out an in- }
robberies or ©

quiry about similar
burglaries in other areas?”
Warren nodded. The large amount of

electronic equipment bearing serial /
numbers would be difficult to dispose of, »

unless it went through a fence or

organization that specialized in handling !
“hot” merchandise. The investigators |

were aware that there are crime rings that
specialize in moving loot from one sec-

tion of the country to another and altering |

serial numbers.

It raised the question whether the |
bandit-killers were locals or had come |

into the area for the exact purpose of
heisting the expensive equipment.

Captain Warren said that he had asked .
the news media to give as much publicity |

as possible to the descriptions of the

suspects and the white van, with a request | J
‘Force b

for anyone having seen the vehicle or the
men either prior to or after the crime to
contact the police at once’

He had particularly stressed one obser-
vation given the investigators by Mr.
Walker. In addition to the graphic
description Walker had been able to give
the detectives of the two men he had
seen, he said that he particularly noted
that the smaller of the two black men
spoke with a slight accent. He said it im-

cont;
bottl
Or so
perm
4 base
assign
’ On.
found
but th
“WI
with ji:
The
youths
With it
stolen
other
, someor
; itoutw
tificatic
- most e
throw ji:
“E thir
the gu:

j “} leck, H

we didn

A sho:
received
Special |

wallet w
someone
result of
about the

Hymas
several di
quickly a
headquart
the identit
license, he

pressed him as an unusual accent for a in it. Up t

black man, and it sounded to him as if it
might be French.

had been
had robbe.

“It could mean that he came originally had taken
from New Orleans or some place where ‘enior Wal
English is spoken with a French accent,” .ecame a \

Captain Warren told Chief Jacobsen. he

added that he had requested the press to -

The boy

‘Overed th

make a particular point of this, because ear one o:
even if the bandit-killers were strangers ‘he crews th
who had come in to loot the Hi Fi Shop, ‘he base.


THEY'RE TOO VILE TO BE
CALLED BEASTS continued
and been invited to dinner, were wish- “
ing she would call. here
As twilight settled over northern M
Utah, Orren Walker called the Hi-Fi to t!
Shop and received no answer. Mrs. he «
Naisbitt also was calling the shop to — gun
no avail, desc
Shortly before 8 p.M.,°Mr. Walker man
‘made another call to the shop, received H
no response, and went out to his car. wer
The neighborhood street was quiet and: with
dark and lights twinkled from homes tere:
up and down the block,.a typical eve- Tl
ning in a solid. residential neighborhood left :
in a peaceful community. Wh er’s
Walker drove along Kiesel Avenue ankl:
which ran parallel with Washington slap)
Boulevard and pulled into the parking
lot behind the shop. Noticing a van AC }
parked near the rear door that he never !
had seen at the shop before, he stopped not
and looked inside. When he saw it was . help!
filled with boxes of merchandise, he coul(
thought he had found the reason for som
his son’s absence: an unusually large emp!
i - sale late in the day, calle
Orren Walker walked to the rear door Th
of the store and, finding it open, he back
took a few steps inside. Immediately, a and
voice called to him..- door
tered
was
tape.
Th
comn
bery
wond
loot a
Th
thems
young
adjoii
the gi
'stocki
As
the n
the gi
‘tape <
had s:
of so
some
; . Ww
them
was a
solutic
long «
Hi-Fi Shop on main street was target of armed robbers. en
Store's basement (L) became main arena of police

in-2stigation as Technical Dets. Throckmorton, Hawkins
and Sgt. Burkdoll (L to R) examined its bloodstained floor.


THEY’RE TOO VILE TO BE
CALLED BEASTS continued

Not satisfied with that, they talked
about other ways to kill the man. They
were not out of ideas. A gunman knelt
down and stuck a fountain pen, point
first, into Walker's ear. When the point
was jammed in, the pen was kicked
several times and ‘the point dug three
inches into the man’s head. He rolled
about, the fresh pain added ‘to the

others, and then, finally, seemed still. .

At the Walker home a mile away,
Mrs. Orren Walker had been wonder-
ing what was keeping her husband and
son. She decided to have a look for
' herself and her other son accompanied
her in the ride downtown.

It was about 10 p.m. when Mrs:
Walker pulled her car into the parking
lot behind the Hi-Fi Shop. She recog-
nized her husband’s car, then found
the back door closed. Her son kicked
the door open and leaped down the
stairs into the scene of horror.

He rushed to his father who had
been trying to free himself, and untied
him, then helped him upstairs and out-
side.

Unwilling to enter the store again,
Mrs. Walker and her son ran for help
to a tavern. around the corner, where
they got to a telephone and called the
Ogden police department.

22

At the police department in the
Municipal Building, several women dis-
patchers and a night desk officer were
the only ones on duty. The -almost
incredible call for help had a dispatcher
ordering all squad cars near the down-
town area to the Hi-Fi Shop and Offi-
cer J. K. Youngberg was the first to
reach the scene,

He found Orren Walker, the foun-
tain pen stuck in his head and blood
running from his ear, waiting outside
with his wife and son.

Intense probe led
police to van, being
examined by Police Chief
Jacobsen, believed used
by killers. Capt. Warren
examined .25-caliber gun
similar to one connected
to the robbery-murder,

“They're inside,” one .of them told
Youngberg. “They’re downstairs . . . four
of them, they’re all shot,”

Another patrolman arrived and fol-
lowed Youngberg into the Hi-Fi Shop.
Cortney Naisbitt was lying at the bot- |
tom of the stairs, face down. His moth-
er, face up, was next to him. Miss Sher-
ty Michelle Ansley and Stanley O.
Walker were in the center of the base-
ment room, i

The officers could not afford to let
the shock keep them immobile for long.

Mrs, Nai
and wer
St. Bene:
and Mis:
were dea
“This :
a patrol:
Warren,
rived at
home. “1
don’t kn
much fro
mother, |
feet and
He’s at \
Lieuten
K. Green
Mosher a
Warren s:
men arou)
inquiries
hospitals,
arrive anc
saround th:
“TI want
guard,” \\
of them a
know.”

»d
eing
slice Chief

Uiue b

ile for long.

Mrs. Naisbett and her son were alive
and were rushed upstairs and on to
St. Benedict’s Hospital. Young Walker
and Miss Ansley,: it was determined,
were dead at the scene.

“This is just how we found them,”
a patrolman said to Captain Robert
Warren, chief of detectives, as he ar-
rived at the scene after a call to his
home. “The others are at hospitals. I
don’t know if ‘you'll be able to get
much from the teenage boy and his
mother. But Mr. Walker was on his
feet and talking when we got ‘here.
‘He’s at McKay-Dee Hospital.” .

Lieutenant Dave Reed, Sergeant A.
K. Greenwood and Corporal Robert
Mosher arrived at the scene. Captain
Warren sent the detectives and patrol-
men around the neighborhood to make
inquiries and ordered others to both
hospitals, as ‘more officers began to
arrive and the news began to spread
around the town.

“I want those people under heavy
guard,” Warren said. “As soon as any
of them are able to talk to us, let me
know.”

Captain Warren noted the back door
had been broken open, and a fast sur-
vey of the Hi-Fi Shop indicated it had
been looted. As Detectives George.
Throckmorton, Darold B. Hawkins and
Keith Burkdoll arrived to start an ex-

amination of the scene, word came-

from St. Benedict’s Hospital that Mrs.
Carol Peterson Naisbett was dead and
her son was unconscious and in critical
condition. ;

From McKay-Dee Hospital came the
news that Orren Walker had .been
given preliminary treatment and could
be interviewed. Captain Warren and a
detective rushed to the hospital.

From. their interview with Orren
Walker and examination of the other
victims and, with what they found in
the basement of the Hi-Fi Shop, de-
tectives put the horrible pieces together
to make a frightening picture. An em-
ployee of the shop, who had not been
working at the time of the crime, ar-
rived to assist the investigators.

“Two men came in just before clos-
ing time,” a detective said. “There may
have been more, but Orren Walker

only saw two. He saw a van parked
in back loaded with merchandise, so

the two men must have come in with

guns, bound and gagged the employees

and then looted the place. A lot of

merchandise is missing ... over $20,000
worth. ;

“The only one of the employees alive
is the Naisbitt boy, and he can’t talk
to us now. After Mr. Walker and Mrs.

‘Naisbitt arrived to see what was keep- -

ing their sons, and were bound and
gagged with the rest of them, the girl
was taken into the other room and
raped. That’s what it looks like.

“The solution they said was ..some-
thing just to put the people to sleep.
But it came from a can. It burned
them.

“Then they started shooting. They
‘ shot everyone who was killed once in

the head. The Naisbitt boy has a slug
in his head and the caustic fluid burned
a hole in his stomach.

“Mr. Walker was able to keep the

fluid from going down his throat. One.

shot was fired at him, and missed, The

second shot. (Continued on page 56)

Twenty-four: hours after killings, T-shirted suspects
William Andrews (L), escorted by Det. Fisher, and
Dale Pierre, with Det. Greenwood, were taken to jail.

: 23

ne Re aa

nS ee


-d robbers.
police
1, Hawkins

'Oor,

“Ut

“Close the door and come down
here.” ee

Mr, Walker looked down the stairs

to the basement and, in the dim light,
he could see a man. standing with a
gun in his hand. He closed the door and
descended the stairs, seeing a second
man with a gun.
- His son and the teenage girl and boy
were on the floor, hands and feet bound
with electrical cord, their mouths plas-
tered with tape. ,

There was plenty of electrical cord
left and strands were used to tie Walk-
ers hands behind him and fasten his
ankles together. Strips of tape were
slapped across his mouth.

ACTIVITY in the basement, used as a
' repair room and store room, could
not be seen from the street. Still, the
helpless group on the basement floor
could hear the phone ringing upstairs,
someone else calling to find why the
employees were- so late. Perhaps the
caller would ask police to investigate.
Then, there’ was a sound from the
back door.. The bound victims tensed
and the gunmen got ready. When the
door opened, Mrs. Byron Naisbitt en-
tered in search of her son. The woman
was. quickly ‘secured with cord and
tape. “% As
The’ only crime the two men had
committed up to then was armed rob-
bery. The terrified hostages could only
wonder if they were going to take their
loot and ‘go: pees
The” gunmen. talked softly among
themselves and then one grabbed the
young girl’s arm and took her into an
adjoining room. When they came back,
the girl'was nude except for her white

‘stockings,

As the horrified hostages waited for
the next act in their unfolding tragedy,
the gunmen knelt down and pulled the

tape aside from their mouths. The men

had several plastic cups and a can full
of some kind of liquid, They poured
some of the liquid into a cup.

“We ‘want you to drink this,” one of

them said, explaining that the liquid

was a mixture of vodka and a special
solution designed to put them to sleep
long enough for the robbers to escape.

On night of slayings, Off. Moore

(kneeling), examined shop's rear
entrance while Off. Mosher guar’:

against any unauthorized entry.

A gun was pointed at Stanley Walk-
‘er. He took a drink from the cup
and almost instantaneously started to
scream. The tape was-,quickly slapped
across his mouth again, stifling the
wrenching sound and leaving the liquid

no place to go but down into the vic-

tim’s body. The young man writhed in
agony on the floor, hands bound in
back, feet tied. together, seemingly a
bundle of pain.

“You don’t have to kill us,” one of
the others pled. Vk:

“We don’t know you .. , we can’t
identify you,” another desperately.
chimed in.

The pleas for mercy failed to stop
the gunmen from forcing the others to
drink the caustic solution. Mr; Walker
and Mrs. Naisbitt had the double

_ agony of seeing their children rolling in

pain on the basement floor,

The men next came to the agonized
mother and forced her to drink the
burning liquid. When they reached
Orren Walker, the man kad steeled
himself to fight, but the caustic liquid
was forced into his mouth and the
tape replaced all the same.

foi

Still, Walker was able to hold the
solution in his mouth, straining to keep
it from going down his throat. Several
drops remained: on the comer of his
lips, leaving a moist opening in the
tape. And, as he felt the inside of his’
mouth burning, Walker was able to
make the liquid drain out through the
opening in the tape gag. Bat

As if there had not been enough
horror, the five suffering people could
hear the gunmen in a disagreement.
One man appeared to want to kill the
victims while the other seemed against
it, The argument. for killing won out.

Gunshots filled the basement with a
horrible roar. The gags prevented’
screams from competing with the gun-
fire as one by one, the victims were.
shot in the head,

The first shot fired at Orren Walker
missed and a second was but a glaric-
ing wound, leaving the man still con-
scious. Upset that their shots had failed
to kill the man,.the gunmen got one
of the electrical cords and wrapped it
around the man’s neck. Walker was
helpless as the men tried to strangle
him to death. 4

continued on next page


a
= under authority of Section 26-2-22 of the Utah Code Annotated, 1953 As Amended.
S Date Issued: : = . a
n
DEC 04198 x Bind
Ag é ae
a County John E. Brockert
= DIRECTOR OF VITA
: Registrar oe By a
Pen Bren NG on Ben DN ene WAR AL TO DUPLICA
ATOR CR IO TS RON SSA RA SAY RAS ROSAS ROSAS ORAS = AE IAA RA

§

|

ee

a a 3 ; 9650 | ; ; eptuker:/ zz ,
3 conte pea MY
icateE

This is to certify that this is a true copy of the certificate on file in this office. This ¢ertified copy is issued

L STATISTICS

* Bi oa >

ee

o]V)

a

a8f
Kx

3

348
ere

GIP G4 A ies
YT Lah Pos ‘
OF TH,“ OR,
oid
VX
ie 2
us
(sel ©}
eo
Rave)
‘ p?
v yi
Nae

ree fren exe @ es 2 oe 6 - ”
Hh DESERET NEWS MONDAY OCTOBER 15 1) Sa
a: rh Ht. bame wae at es Oe - ee ee - VAN
es ‘ Se eee : = AN vss North Temple street. Ha | CAPITAL SEAT , FORMER MAYOR ; Sw
é i; PA TROLM leer veg ts boa wife, Mre. Anna 8 0 | : OF S :. KI ED hy
FOUND MURDERED 000° 000055:"hind Anne (on OF a re pucks |.
» + ro TO Lt te Folinwine »srorhera and gine i (\f (| ' ; ! t ry
sae teres : $ eek eee oe mae anna ma eae )
eves Mary A Lavendar af Salt ESSese oes. I
the Wellton fo Croather of Loe Se :
igiten Charles KR Crowther of (Continued from pare ont Se ———
{ : ; ne mr, ; : ae H
split oe Mire ean Robinson of laws are be! Se h a ;
salt Teo » Mra i. ues ap peec: Von in Weis aes . prany fos
san Pee Bae oe “|@overnment officiate were AMON. ay wie
ee arrangements aii a ve the leading law -breakers. ; es
Iheen made for the funeral o the PINCH pe G ; ;
dered patrotinan but It le ex- OTS ATTACK 15 | R. M
ected they | wil be completed PARTLY DUF TO POLITICS| 7, oe
iT fae ance and social © B . wart (gs 4
| the Balt Lake firemen, acheduled De Be SNS Eom : : i ae
\for Tneaday evening in the police Beret Newn Special Leased Wire. | Reart,
idepartipent gymnasium haa been Copyright, 1923.) | Penn
cedehniesly peti) Fe | WASHINGTON. 1 18. - Poll) aes
a es ae tea in no longer “adjournet’ 20 far | ; | an
Havin tf. CROW THER, as attack on the adininiatration of} - ft John
tn a oe | cht ilo Coolidge ix concerned. Jones
S Syed frou page one) @ battle of opposing aspiranta for ;
sere a the Republican presidential nom- ; Total
asc p th Mee -(ac an life — ’ Hore Ses begun. Two months HN
oat reba the nature of the wound. . ving BANeed alncn the now sree. In ets
Se Vo Man. At Balt Lako—Untreretty ef Wyem-| ident took office the opposition in eal Rw
P secon With Voung : ing ©, University ef Utah 7. his own party hans come, firat from Ha
Crowther wert home to lunch a At Legan Denver University 14, Utah) the elemehts which hope to make eight!
4 Pybe ouenal tits 2riday and tect! Agrteaitaral College 1. an teeue of the i ee ot tha tok
» theres about 2 pom He reported mt and eecond, from. the
jpotica hea lanarters and at abou aah whe balleve Gee aqmaliie:
{3 youn departed tn his automobile. ¢ Sow fictent! Cait on eo es
bt wae meen coshett distance from tg i A Bane
| the raitrond ees tiger! ele On anda ar epi EDMOND A. BOCK. ual
’ lpyiple etreet at apbon : eee ; a oir 1
4 Vand Inter wag Reen by ee ee aeety 2 aie
: - , al Ar Cee eat eas ok Shoels to tha A caine Power com- | FLASHLIGHTS ho. M
ig ie es enaters A there , an act which President Cool-| + . : *) Cunn
SiS om aman owhe a < mas wo has defended is in line with | Rteng
Co we VEN A ‘ Milk pastourtzation b Jeetricity | 4. .
oe Eritting. in the smachine with At. aie Alte, \ A Balada Wate ee ee A rite has een found rupertor te nthe | may
re e veret ; is a ethod, @ Gs etionis:
eet oe south rest! Nowe Tora ctolumbla 19, Wee ee ee aed to the rteain proceas has brew that | Nehf.
Inth Weat atreet, yard superin- en %. sen plant wae o ed. t altere: he taste of the m i Pvan
ion Ment of the ve ae be —_ wat ao orien! 6, Weshing- Geverner aitieetaae De ne ane Hah retin ata dated ais Pes , Bent
= rompany, reported ta the potic “| at iL-Jitincts 31. Betior %. denu @ » : k
re acy tr@t he saw Patrolman Crow-| a¢ lewaatny—f ewe 1, Puréve 6. of federal administration with) hed ie he Neate Oe ee conic, Tot
7. piher in his automobile at Ninth; At tee eat Cale te enforcement of the Ae process done away with all thia. The “i
. west and South Temple streeta be- fawe ie partly presidential | miik in only slightly wa pasa- ate
UT. ow 20 and 4:46 p.m. Friday polities and partly prohibition cam-jeq in thin streams between two | in ar)
ween 4.3 Dp
<4 end that there were three men in obey nthoa oF pesteu eo ii
‘Yl the tnachine with him at the time. ——_, ode Fisere. prevents the cooked flavor and doer ath.
Sim said that vn tal] man wearing 6 epeech in which he on not interfere with ¢he vitamin value 8ui
,cop wae in the front eeat with ment to put dwn) o¢ ine milk. Friec
| Crowther ale that ne othee ‘ ree ee : oree. Bnydc
were in the rear seat. bd =| Cooking ang hea by electric-
got out and walked west, according y at ent and to get fiity Becoming’ ve popular in ware
to Delaney. Crowther then drove fGen alse of what William ¢ - In Winnipeg elon nearly Rabe
east on South Temple street at Ar Brren ie drixing - ae ae ee Uy Largs ee A ad ere. Sire: Sones
that was the last Delaney saw o a on the preci: me ane ee a Me eeaen wef Winnipeg aided
; t nang = unt. Soe 2 an exam: [have found these a fences, not; }
When Crowther failed to return ome A. an 0. as an [ealy cleaner and more eogvenient | |)
home Friday night Mrs. Crowther fa im 84, nation, one must know very much cheaper th any | ings
6 telephoned Saturday and asked If what te going on In the gooking or water heating at. oft |
he fed been detailed to « ee Pass rtment. pore ial fo a wat: Ryan
, | duly, sieling that he ned tae io pec He f° Mie ct Otetcacts Work. settee ness purposes that ae : y
come home, Chief Bur rei ree Fired of ail it mey appear to the tle heating homes carrie ly
asoured her and stated th: no oe that anybody] {et van serious Pe ogo pee _ Yai
__| doubt Crowther wes safe «heree the Conliaze)z7=, and already many. tere | Ball
iite| cvar he was, and no fear was ox: of effect. (nave Bean installed. & y ie jetrike
ay | poeet St gh prohibition Necause of the long winte pigh
ity | aafety until late Geturdey fa 1 prohibt. and e srduous work co od Serik
ik] noon, Then & yr t who hes cha “the tending of coal :
nel nd eine ‘ fay. | "¥e absolute Merah ins —
la hone 5 te varel ia & jittle chu ormont
ite pares ga ogg rh ae ae Wetted tanatice! organ with pedal. re | Ball 1
vst | patched tefpeiice ctlelals of | sur. eS ewe by opponents & = thing, wag oa eo a ease tt stand
ng | romans: . aga phy a cosas | he Searspre See peb orks: (Sal
uel ing f eee eedt er v qubordtnate of the gee- jer Was 6 rons eo necessity |"O
aaj ine o ° oh i c ou- treasury, Andrew W. tn proved the ¢@ of inven-/ . 3
ino| circulars Geacribing agp eee. Mel. |ttor, An enterpriaing youth inter. 1@
wn. | tomobile end reveiver were ie a eames ested olectficity vgs give :
and every availadie petro} ha vy “ experiment, He borro' i
aseieted by deputy 62 fhe whispers sihie me iy brand aX vac
and = weore of citisens 00 leon fnague circles for raany |aieait bole in. the
e search for the missing = have been to ¢ .. g Pe ‘
4 for some. clue that t the Rey Haynes, prehidition ve n cleane ‘

Wan
} turn by offielal

being hampered
m4 red tane|22


rere

deputy aheriffa
'lt-ne ecantinued
‘for the missing machine
reso «Vie that wayld lead
SOR Oren een of the murder.

f — Seventh Officer to Pall.
‘fe my heltee

RT R BF
pees ss fe ae

ey Gas

a her ont of town and happened to
oe Ne CNA wae Wanted for some
ies pee town crime,” Faty Detective Rea
nite | am Fither that or he arrested
rk. | na tyey hnd heen In the tolle before
na. {4 4 “y Dave had a grudge against
ae

ret; Tt fe belleved that Crowther haa
ey MOD his can at the Point whers
fam NO want abot and that tne men

aryl thea fired the
je. i Was fr
Crow

2 wits

butlet into his bratn
the rear pent.
ther wan the seventh meni.
Se fst) Dake nollee forea en
meet death at the hands of an ae-
anasin. The other members 8f he
i partment who lost their Neem
hile mM the discharge of duty
were Andrew H. Burt, killed Argust
25, 1882: Charlen g. Ford, killed
| December 14, 1907: John Henry
Johnaon, killed July 8, teat:
Thomas Franktiin Griffith, hitlea
June 2, 1913. Green RB. Hamby,
killed February = &, 1921; Np.
Pierce, ahot November 2?, 1922,
died March 26, 19238

Circular Rema Out.

The following circular was gent
broadcanmt to peace officers in var-
fous parts of the country ae rapidly

ed:

am they could be :
On the afternoon of Octoder 13
Crowther was held

Patrolman D. H,
up. robbed and murdered by some

Universtey of Boyth Carolina @.
At Cle: eland-- Oberlin 18. Case 1.
At New Haren--Ya'e freshmen

Vntversity af Cleretan’d ©
At lineotn, Neb--Nebraske 94. Ohk!e.

hore @

2.

At Madizen Wir — Wieeensin 12.
Michigan Aggies 6.
At Minnea polte—Minnesots 18, Hee

kell Indiana 12
At Dee Moinee—Drake University 646,
Relia Rcheel of Mines 9,

At New Yeark—Notre Dame 18,
Army 4,
At Lawingran, Ky —Waehingtan and

Lee 6, Keatucky €,
At Grand Forks. N. 1 —#nuth Ta-
hata Univeraity 16, Nerth Daketa Unt-

Bgteg | 6.
At Fargo, N. D.- Meath Dakora @ate
is roe Dekeots Aggies ¢.

At Princreton—Princeton 17,
fown 6,

At Cainh: dge. Maee -Marvard 6 14-
Glehury ¢.

At digancee. N. W.—abDrtmouth 24,
Bowmen t'nivernity 6.

At Hartferd——-Trinity 20, Tawell Tex-
tie Tnetiture @.

At Colympue, Ohlo--—Cetgete 23, Onta
Atata 33

At Annapoile--Nevy $f,
cinta Wesleyan 7.

At State cortege, Fa.—Penn State 20,
Oettyaburg 0.

At Keaton, Pp.-~-Tafeyette 32, Frank-
He and Marghali 6.

Geoorge-

Weet Vive

At Mew Brunewtek, N. J.—Rutgere
16, canine e.

At Dellae—-Texes A. and M. 16, Be-
wanee @

At Knoxville, Tenn. —eergetewn ¢.

Tennessee 18,

Pecause of the h
Zonlang

price of wool

in New “ ant, a — Fug

killing e oop omay w

mation shortage there. .
White boots and are not be.

iteeat Gham end mune ta

clement w

thelr manufactere is predicted.

framoe whem he wae ishing ta the
“Sie of this ety ¢.- the eur.|
2 Ae 8 he aye
ihe murderess alot (nis otticer|
“] with a .32-callbre automatic Pistol;
and then dragged him to a river |
bank and stole his wateh, revelver
and automobile. The murderers
left with the automedite end will
no doubt cache it along the high.
way or drive it threugh to some
city. Please notify ait your geg
stations and garages
1 out for thie awyomoebdile

een in your ett
receipt of this cirecilar, notify we
immediately and notify aheed at
our expense,

seer

*'Dercription of = automadite:

: Rendebaher touring, special e'x,
five passenger, Sy ee engine
No 8G 4122, portal 3 27766),

cenee 17-717 Utah 22, painted
hark; aise wheete two spot! hta,
a reflects mirror on each at
fender, par ie Me jap On each rear’
fender, cash equipped with
oigar lighter and ash tray, bumpers
front and rear are double nickel
pisted, inuiale “H.W. L.” on each
center side panel, step Plates on

running boarda
“Description ef gun: Colt’s 38
calibre, U. & army model 1903. No.

173377, (Notes
@rama sent oyt’
feet number te 196877.

fn tele.
aly.) Cor-

Description of wateh will fonew
lteter. Wateh a shops and
look for trampe tn peassasion ef
gun and wateh,. ~

»“TF gny of: t
pawn |
can. tar
tlon an to the i
the murderers, :
diately.” Ie
tramp hid yon:
formation and,
men that y Seo inee, piokea
up In the * ag
“Watch te a. F.
movement No. 068. Re ovre
to place this. la Qe bg
of officers in trampa,
ward will be ’ Pe yt Taig
ciate yoar best enn.”
~~ _ her wag 6
f age. @ wee
Ae an on May 20. 1968,

Sse reearded as a fearless and eff.

| LEGION LEADER |
'OPENS CON VED. TION |

e——-—— — - ee

n rre eq j e
sympathies. The whispers in ant!-
ealeon league circles for many

monthe have been to the effeet
tha, the Roy Haynes, prohibition
commisetener, was being hampered
at every turn by official rea tape
and the obdstructions of Secretary
Mellon.

The tate president Harding was
aware of this situation and to sat-
fafy the “drys” he dealt direct with
Mr. Haynes. Incidentally Secretary
Mellon was not offended by this
indirection and took no active part
In opposing the “drys.” Since Mr.
Coolidge came tnto office, the
“Arya have feared tha naw preat-
dent would lieten to the necretary
of the treasury rather than Mr.
Haynea. The president has several
timee conferred with Mr. Haynes

3.
Mander of the Asher?

Sn ee

chance to experiment,
his mother's brand new VaCUIM | ay
cleaner and went to work Cutting iF
a amall hole in the wind chest of} z
the organ, he inserted the end alg 25
the va¢uumn cleaner hose, making Gt
an air-tight connection. and the or. | Rt
gar’ has been doing well aver since itp

-one Iakes many of them!
landmarks of the Gold Rush of
‘49 have been inked together in
the Northern California hydro-elec. tw
tric system. Reginning near the.

summit of the Riarran the melting TU
anow of the mountaina is-utilized by |

five different powrr lantsa, The:

water descends from these moun. |

tainm to 135 feet above sea level | Sti
before {t im released into trriga-jou
tion ditches thet supply 23.990 acres! on
of Flacer County frult land Thte!
HRydro-electric aystem serves “ee of}
San Franclaco, the Sacramento Val- 13
ley and the San Francisco bay res |

Twent

th

| and Nas arranged through him the! !on. oe
Promrar OF tie severnore’-conter-\ Fy ctand contingent in Congress,
ence here Bunday on prohibition. backing Mr. Coolidge waat a weat-/on:
Mr. Haynes spoke in behalf of the| erner a a running mate. Mr. Allen jou!
president laet Baturday and assured would aleo be acceptable to eastern | ou!
the eitivenship conference that Mr. Republicans who have frequently | Gi:
Coolidge was as sincere in his att!-| heard hire talk at conventions of{Sn:
tude teward lew enforcement as Mbankers and other commercial |tw.
wae President Harding: and £] bodies. hit
course the latter by hie Denvér| As for the Henry Ford attack,
> pager won the hearts of “y dryn.| it was not unexpected. The farm
@ ndvocated the giving P Of} bloc knows the power of publicity
stocks of liquor even though taw-|in the name of Henry Ford ang! ou
fully acquired and later cn he per-| aleo the uses to which advocacy of | Str
mitted pewepneer correspondenta| lower prices for fertilizer can be | Om
to tell the public that he himeelf! put. hat ever may be thought | th:
had consed taking even the oc] Of the Muerte Shoale transactions | on
castonal drink which in reeent/@nd whether it can or cannot pro. | ou!
yeare he would take after a goif| duce five cent fertiliser it must|no
game. be agreed that Henry Ford has| |
rateed a troublesome issue for the | on:
Sitence ac | Campaign. Farm discontent in the| str
Tnelde the renks of the “drys Wee, Pron sn In the eaat willlere
the dissatisfaction with Mr. Cool-| liven things up betweem no~ andl the
rate ellenee aon the PiohMitic Ems twee HomMingiian — aunverntte net ret
y e@t hoes eet see MeO rs oad yaay be nt, that, ftir
“her WO Wim to imme wae esi.-0 a}
active -. in aig age thati se «!zo0
arding - Gevernor! j °
mr. ne crget Boy Kept in Irons by :
ne H ther
he meee His Fa | [rot
° o{/ma
Fou
got
Thx
Fo
ero
Rw
Bar
No
G
che
pun
one
re
Wai
wi
 oth'al
rig}
Seri
thn
hits
> |
Ral
out
Pri
hin
Stri
Fri
no
¢
hor
Tt
Nel
Foi
‘pout
Fo
Pinay «pA iinandd Fo
y. of Chicage, | on:
t it was necessary
Up Ettle Harold,*13,: to
him “be good." 5G ee
a
‘the up
commen fre @ weet ana he Id te nota bad} |


§

Poscor hy wae begun whieh wae con. !

gt, é

mri FF Leigh of a coun. of pulled upen th: tulle grave ty

Shovirl Vsck Sherwood of anaist its progress. He eald ~~

Heater couely cmd gp Satt Lake | 4s he. turned tqwerd bcd
Syren aie ed

preyed

nats parted ter p offen headquer.- heard an exploe
forse Chis morning that on Saturday “round again, saw Mr. Bock fall
Coa Aman by the ware of tothe floor of the boat,
: virlew Stewart, 1 sheep fuper, ith hte hands pressed to his:
RW tte Tow! yer evap anal twee nien © ({t side Mr. Hock Was ecareey
roort wily Poetic db Ubhe: Peeptoeas neon atic to Whisper. “Row te the «acre,
Point near Cove Fort Beaver coun.) bm dying.” bark cailed for Lelp.

ty. Stewart queed Chem (whee ae. vut was ss das to attract attde cn.

ferd og te the shealffs ond cach, -Sccordingly had to pfiloc the
rien y (he nen drove off ine the | voat to Se Tie Bock wes dced

‘Tver im 4 «tspieious was as before shore was reached, and ee
though ors tye te oweotd omecting «68 who earrived on the scene she .t-
Uiyone on the road.  atlar the accident, en) that
oe Ung 14 fiuve bee. fone ta

Mounted I’strolman David save saved dbs Ufc. |

The charge entered the body ua-|
Mr.

' POM INE, for Inhaony sear in charge

der the left armpit. Park was)

Da) aoe a € co
Cee et RF ornd trusses 4? upahl: to explain haw the gun was;
Wie Foldae At uated somes “dtachatecd. “He says tat it was’
Nee Mriday afternoon by unknown tying on the floor and must have

tem ype mitie ak} e ve % r as
Cee aed hie body. concealed hecome discharged as the result of}

WEE el de near (he weet bink of sate Pock's efforts to move the {
van Tem % -uxt rerth of boat. The accident occurred at
ee emple stre tf ateut three 10.30 o'clock. Two other mem-

s trom the Crewther home, bera- of the party. Paul R. Chesley

‘sae found yesterday morning He

an Frank Con . Ww
Cas shet An the leu ok ihe eae | Connor ere in the

ge : biind at the time. Mrs. Bock and
| Rutomatic . 32 calibre pistol, her father Charles Denton, ar-
the bullet emerg.ng at the top of rived: on the scene shortly after
the xkull, and it is believed death the death of Mr. Bock. They were
Nan instantaneous. on their way to meet the huntin

Crowther had been missing since ped when the accident happen
Pridav,ebut police department of-; Airs. Bock collapeed upon caring
fic nta felt no particular concern; of her husband's death. The body
‘or Lim until late Raturday when| Was brought to Balt Lake and placed
De fitted to report and one trace én Evens & Early ——
of Ww could be found Then a: pertors.

net apday wit sa tnereaged! Discloses Traffic in
feree While Commisestaner A. PF,
Vrie cae Chief Iegenh t furkines. Fraudulen* Matical

Tene tee bem et fig Mt | Ss ewe : *

ere a) the deans. alain @ ne atyes ee a,
“rowther, a telenhone menage wan en |
reratved that the body had heen (By International Phd ga eap
fos oe \ ST LOUIS, Mo . Oct. --The

‘he beds was discovered by a &t Louta Rtar, ae a result la mere

smell dog ‘elonging to Henry QO}. than two months of investigation
van of 1448 Weat Kecond fouth in St Lowts, Kansas City, Mo., Der-
street Mr ©Oleen und hin een, jver and Salt Lake City, today pre
Ilarrs were walking along (he road |sented to state ang federal pr
reo vest bank of the Jordan:cuting atthorities evidence vo fa
vleere when the Lttle dag began | nation. -wide traffic in Sema aien' |
enif! atin patch of blood in the, medical university diplemae
rod opt then can directly (to where; high achool cirtificates of eau!
the beds wan lying with the head ation. i
ry oy peal of water. Mr. Olsen at
eree te pepnewed headquarters and
officer:
f oes FE :
ye Lt
rot ike poekets turned inelde eut. |
11. ut twmobile, a Btudebaker Siz.
ales miseing.
KMitled tn Car, Belie?.

It fs believed that Crowther wes
shot while aitting in his automobile
and the body wee then dragged tnto |
the bushes and concealed. Deteac- |
tivee are of the opiniod that the
crime waa commitived iy members
of a gung of yeggu, posalbly, by
cne who heé a grudge against the

trotman an he had been particu-| are

rly active in ridding the city of
wndesirables Guring the past aix
weetts,

Commiesioner Barnes, Chief Bur-; era
bidge, Detectives B. MH. Geager and
R. L. Kddiagton and Chauffeur
Jack Taylor were the firet officialag

on @ stene an mn st Investigate Promoters
te on. Tt was-avi-; Of Sen Frasicisco Freud

careful investigation. It wab ev!-|
oa ori ~, letra Crowtiées, :

@ dragging hie y to a nity
uhout 89 feet from the roadway. | wn The Associated Prees.)
the. alaytre drove weet with the 24  TRANCIBCO. Oct.

the

Dr.
“Dr. E
eee Alexander, Kansas City, have
‘Mexican Officials — :

|

| taenship.

ing. plang were being made
opening at Lome + rad of

the 3

epening ¢t
day.

Sectetary of tober

Among the tmportant eddrerses
of the opening session of the =
goers was that by James J _

via, United Gtates secretary ot
labor, to this country tary
Davie told the veterans that a te-
lective immigration -eyigem wes
‘essential to insure the highest eit.
He tulated the
legion upon its interest In the care
of @elinquent and homeless chi!-
dren.

Admiral R. EF. Coonty. com-
mander-in-chief of the United
Statice fleet and General Joseph
Haller. commandger of the army of
the Polish republic, ed a4 the
legionnaires, urging them to for-
ever stand for policies which tend
toward the improvement of alls
the nation’s Inatitations.

Indications at the opening of the)»

convention ¢ were that a fight
upon the Ku =z Klan weovid
prove a big issve before the vet-
erans. Echoes of the attack to be
launched upon the kian were
heard everywhere In the corridors
of the convention hell and various
factions were itn wp. their
forces. Those to the klan
sald they would come into the
open today and Genouncing of the
organization early In the conven-
tion wee promtined.
Eretarn Aolegations will propa: |~
ee ot TY 4 «
ad Wee. .
nations’ POT in
Jos. Thompson’
and R. Quinn

e. nayivenis

Caltfornia were
| widely men

&3 3 roe.
cessor, white othars

Jas. A. Highs = the Diawia of
Columbia.

Restriction of Samigration.

estr Yme
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to the moving. ttm am erdered them
the tase so sees tea belleved
t

dep a number
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racters, and
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= ae tree-
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Waters of North Canadian

shai now half a mile ‘fo seven
miles wide,
hboma eity today with the city pre-
pearing for the
crest.

men aided by
been esand-bagging the e:mbank-
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ees re cise rad a pace of ab

phy
ifioed height but back water has
erept into city streets and iota on
virtually the same territory inun-

River Sweeping Toward
Capital City.

(By The Associated Press).
OKLAHOMA CITY, Okla. Oct.!
8.—Fed by flooded western Okla-
ont etreama, the North: Canadian

moved toward Okla-

{nevitable flood
Ten miles west of the capital 69
18 teame, have

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ts ed to have added an
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Westward from Oklahoma City,
spotuta from 25 to 60 milexn
all report the most serious

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fa their history.

BY GEORGE R. HOLMES.
International News Service Siaff |
Correspond

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WASHINGTON, Oct, 16.—The-
conference, called
Church of

, developed toGay in an or-
upon the policy of

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“the Gry’ laws. I
On top ef the fisming apeech |
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t the gy of opposition to pro- 4,
wet ore in the na-.,

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poeag in “inviting”
‘assume per-

‘Aepines/ung/jeuanop-malnoy seBeq setye

c661 ‘L} Arenuer

man’s execution

Utah judge delays — 4

OGDEN, Utah — A judge
on Friday granted a 30-day stay |
of execution for John Albert
Taylor, who had been scheduled
to die next week for the rape-
slaying of an 11-year-old girl. '
* During a hastily called hear-
ing, 2nd District Judge David

Ce ee oY

- Roth granted the stay after

Taylor's defense attorney, Martin
Gravis, said he intended to

file a petition asking the U.S.
Supreme Court to hear the.
case. . ;

After a bench trial, Roth
convicted Taylor of the June 23,

~~1989, slaying of Charla King.

The girl, naked, beaten and
strangled with a telephone

- cord in her Washington Terrace

apartment, was found by her
mother.

I, 2


Convicted child killer heads to firing squad in Uta!

By Matthew Brown
Associated Press Writer

POINT OF THE MOUNTAIN,
Utah — A child killer who said he
would rather die at the point of a rifle
than fastened flat on a gurney await-
ed the nation’s first execution by fir-
ing squad in 19 years early Friday.

John Albert Taylor, 36, was sched-
uled to be shot at 12:01 am. at Utah
State Prison by anonymous marks-
men firing the same type of deer rifle
used to execute Gary Gilmore at the
same institution in 1977. .

Taylor had his first cigarette in six
years as he was led from maximum
security to the death-watch cell,
prison spokesman Randy Ripplinger
said. AS he waited there Thursday
night, he ate pizza with his family
and met with the Catholic priest who
baptized him last week.

Under Utah law, Taylor was
offered the choice of lethal injection
or firing squad. Utah is the only state
to have the firing squad.

Taylor said he chose the firing
squad because it would be a costly
inconvenience to the state and
because he feared “flipping around
like a fish out of water” if given an
injection. He also hoped the method
would more dramatically underscore
his claim that his death would be
state-sanctioned murder. ;

Gov. Mike Leavitt said the state
had an obligation to make the execu-
tion dignified and orderly.

“There is nothing but sadness in
this event,” Leavitt said. “This is the
highest penalty that society can
exact and the most difficult task gov-
ernment could be delegated.”

Taylor, diagnosed at 17 as “a
remorseless pedophile,” was con-
victed of raping 11-year-old Charla
Nicole King and strangling the girl
with a telephone cord in 1989. .

“They say executing him is so
barbaric,” said the victim’s mother,
Sherron King. “Tell me what’s bar-
baric. My daughter was alive (while
being raped and choked). He won’t

even hear the sound of the bullets.”

Taylor had insisted he was wrong-
ly convicted. But he abruptly
dropped all appeals and fired his
lawyer in December, determined to
die now rather than spend years con-
fined to a death-row cell for 23 hours
a day.

Wearing a black hood, he was to
be strapped into a steel chair 23 feet
from five executioners, a white cloth
target pinned over his heart and a
pile of sandbags behind him.

The executioners — all law
enforcement volunteers paid $300
each — were to fire through rectan-
gular openings. One gun is tradition-
ally loaded with a blank round; none
of the shooters knows which.

Like Gilmore, Taylor could
demand to halt the execution right
up until the moment he’s strapped
into the chair. But when asked this
week if he planned to appeal, he
snapped at Beverly DeVoy, a free-
lance journalist who was one of Tay-
lor’s three invited witnesses.

John Albert Taylor’s execution
Death by firing squad, for the 1989 rape and strangulation of an 11-year-old girl

aE,

Press and Taylor's witnesses
are to his left behind clear glass |

pws X
Specially designed chair

Government witnesses are to
his right behind mirrored glass

F cutioners, one
alternate. One of the rifles

Methods of execution

[__| No death penalty
[-] Electrocution

| Gas chamber

BB Lethal injection

and fhe US.

BB Firing squad

is loaded with a blank.

ent
military

use lethal injection


__

Atop the gallows, murderer was just a man

By Ted Caddell
Wilmington News Journal

SMYRNA, Del. — There
was no way to know just how
long Billy Bailey had been
standing there.

When we filed through the
doorway cut into the 20-foot tall
stockade fence and our eyes
were drawn upward to the top
of the gallows, there he was.

Looking down at us.

He was not the man he was
in 1980, when Delaware came
to know him as a snarling mur-
derer whose angry outbursts
got him thrown out of his trial.

He was not the condemned
man who boasted, a few years
later, that a rope hadn’t been
made that could hold him. .

He wasn’t even the penitent,
balding, aging man who last
Friday accepted responsibility
for gunning down an elderly
farm couple even though he
couldn’t remember it.

As the clock neared mid-

night Wednesday for Dela-
ware’s first hanging in 50
years, Bailey was a man look-
ing down at 40 people, mostly
strangers, who had gathered in
a damp, windy place in the
dead of night to watch him die.
For five minutes, he stood to
the right of the trap door,
which: would soon open be-
neath him. Two black-hooded
guards stood beside him.
Bailey’s thick, brown-
framed eyeglasses were gone.
His torso was covered with a
prison-issue blue denim coat
draped over his shoulders, the
top two copper buttons fas-
tened to keep it from blowing
off in the wind. His arms were

By Gary Emeigh; yg
The gallows:

: The relly Bally
one wares was built for Bi ly Balley' §
hanging In 1986, which was de-
layed by appeals.

fastened at his sides.

His feet couldn’t be seen.

The witnesses — law en-
forcement, politicians, report-
ers (myself included), the vic-
tims’ family — stood beneath a
plastic roof covering the gal-
lery. The official witnesses
avoided eye contact.

Although the wind was
strong and cold, there was
none of the usual foot shuffling
among the group.

To Bailey’s left, hanging
from a wooden cross-piece
overhead, was the rope.

The white, inch-thick line
was fashioned into the classic
hangman’s knot. The five feet
of slack — the length calculat-
ed from U.S. Army tables using
Bailey’s 220-pound weight —

In Utah, death
by firing squad

Convicted child killer
John Albert Taylor spent
the last night of his life pac-
ing in his deathwatch cell
close to the execution cham-
ber where he was to die by
firing squad at Utah State
Prison in Point of the Moun-
tain early today.

He requested pizza with
all the toppings and Coke
for his last meal.

Taylor was convicted of
raping and strangling
Charla King, 11, in 1989.

He opted to be shot rather
than die by injection — the
state’s first firing squad exe-
cution since 1977.

At Utah State Prison: John Albert Taylor
sandbag-supported chair today for his execution by firing squad.

boa

were looped in three coils and
fastened with black electri-

cian’s tape to the hanging rope. .

The noose swung gently in
the wind. Bailey closed his eyes
and took a deep breath.

- Shortly after midnight, War-
den Robert Snyder asked Bai-
ley if he had any last words.

“No, sir,” came the reply,
muffied by the wind.

“Pardon?” Snyder asked
with unintended irony.

“No, sir,” Bailey repeated.

The hooded guards led Bai-
ley four steps to his left, stop-
ping him when he stood atop
the trap door. The noose’s gen-
tle motion stopped when it
rubbed against Bailey’s left
cheek. They tied his legs to-
gether with a nylon web strap.

From behind came the hood, a
black cloth bag, tugged over
Bailey’s head. Bailey’s eyes
looked at the crowd below as
the hood was slipped on.

The warden slipped the

noose over Bailey’s head, fit- .

ting it under Bailey’s chin. The
warden pulled the noose’s
thick knot to the side of Bai-
ley’s head and felt through the
hood for Bailey’s left ear. Care-
fully, the knot was placed
against the ear.

Satisfied, the warden
stepped back, closed his hands
over a gray painted lever, and
almost before anyone realized
what was going to happen,
pulled it hard toward him.

Then things happened very,
very swiftly:

[) 54 TODAY [2 | 19% C3 )

The trap door dropped with
a loud

Bailey’s body shot down
through the trap.

The coils of slack broke free
from the taped restraints.

The slack ran out, and the
noose tightened against Bai-
ley’s throat.

The knot slammed against
the left side of his head.

His head jerked to an impos-
sible angle to the right.

The empty sleeves of his
jacket danced up and down.

And then Bailey began spin-
ning at the end of his rope.
Four revolutions to his left, one
to his right, and then, slowly,
slowly, the denim-clad, black-
hooded figure swung to a stop.

His sneakers were white.

Utah Firing Squad Protested

AP 24 Jan 96 23:41 EST V0554
Copyright 1996 The Associated Press. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Utah Firing Squad Protested

SALT LAKE CITY (AP) -- Death penalty opponents arrived in Utah to
protest the firing-squad execution of a child killer, and quickly
offended state lawmakers by calling the state barbaric.

“The state itself is committing a coldblooded, premeditated murder,"
said Nadine Strossen, president of the American Civil Liberties Union,
who arrived in Utah for a protest with the leader of Amnesty
International.

The activists said their meeting with Utah lawmakers was cordial,
but acknowledged they were unsuccessful in persuading them to abolish
capital punishment or end the practice of death by firing squad.

"It got a little tense when people come in from New York and accuse
us of being brutal and barbaric for having the death penalty," said
Frank Pignanelli, state House minority leader. "I resented it and I
think the others did as well."

John Albert Taylor is scheduled to die Friday at Utah State Prison
for the 1989 rape and strangulation of 11-year-old Charla Nicole King.
He dropped all appeals and wants to go through with the firing-squad
execution, the first in the United States since convicted killer Gary
Gilmore was shot in 1977 at the same prison.

Most nations have abolished the death penalty, Bill Schulz,
executive director of Amnesty International, said after the meeting.
"By bucking that trend, the United States aligns itself with such
models of civility as China, Nigeria, Iraq and Cuba -- all of which
still kill in punishment of crimes." |

Strossen said their mission was not to stop Taylor’s execution, but
to bring attention to it. "Why do we kill people who kill people to
teach people that killing is wrong?"

State House Speaker Mel Brown said he heard nothing that would alter
his support of the death penalty, and asked why Strossen didn’t go to
instead to Delaware, where a convict was scheduled to be hanged
Thursday.

"The real issue," Brown said, "is that the national director of the
ACLU wanted to go skiing."


his execution would be "murder." Taylor had the right to postpone

the execution until the moment sharpshooters pulled the triggers on
their .30-caliber hunting rifles. Federal Magistrate Ronald Boyce was
waiting by a phone in his Salt Lake City office, prepared to hear
defense and state attorneys argue whether the execution should be
stayed. Taylor steadfastly insisted that the execution take place.

Utah attracted global attention with Taylor's execution, the first by
a firing squad in the United States since the state's 1977 execution
of Gary Gilmore for two murders. European media were drawn to the
United States by Utah's execution and by one in Delaware in which a
double-murderer was hanged Thursday.

Late Wednesday, guards escorted Taylor from his cell and allowed him
to smoke a cigarette -- a violation of the prison's 3-year-old smoking
ban -- as they walked to the nearby building housing the temporary
execution chamber. Taylor spent Thursday in hius death watch cell,
visiting his uncle and sister, discussing the afterlife with a Catholic
priest who baptized him last week and writing a will.

His sister, Laurie Galli, left prison grounds at 3:30 p.m. An hour
later, Taylor told guards his stomach was doing "flip-flops." At 4:53
p.m., his uncle Gordon Lee of Union, Ore., shared a pizza with him.
After Lee was asked to leave at 6, Taylor spent the next hour resting
on his bunk and reading mail. Around 7, attorney Kris Rogers and the
Rev. Reyes Rodriquez came.

By 8:34, attorney Ed Brass appeared and helped Taylor write a will.
Taylor took dictation and spent the next hour rewriting, then signing
the document. Outside, 2 helicopters patrolled overhead, and all roads
to the prison were blocked. More than 75 reporters gathered at the
prison training center.

Death-penalty foes held vigils and prayers at Catholic churches in
Salt Lake City and Provo. No formal demonstrations were planned at the
prison. Prison officials built a temporary execution chamber inside

a warehouse in the prison's maximum-security complex.

Shortly after midnight Thursday, Taylor walked his final 30 paces to
the chamber. Awaiting him was the black metal chair to which he was
tied by Velcro straps. The sharpshooters aimed for his heart, marked
by a target placed by a medical technician.

Shields and a drip pan were in place to contain the resulting blood
spatters, and sandbags and boards backing the chair prevented the
.30-caliber slugs from penetrating the cinder-block wall of the
warehouse.

Despite convincing evidence, Taylor has denied he raped and killed
Charla King in her apartment on June 23, 1989. He was convicted of
strangling her with a phone cord and leaving her naked body on a bed
for her mother to find. [The News and Observer, Raleigh, Jan. 26, 1996]

TAYLOR WAS HAUNTED BY SEXUAL DEMONS

SALT LAKE CITY (Jan 26, 1996 03:51 a.m. EST) -- John Albert Taylor's
perverse hatred toward women emerged when he was a teen-ager, 15 years
before his conviction in the 1989 murder and rape of a young girl.
"John had been through every sexual-abuse program there is and he
chose not to be rehabilitated," said Marcia Christensen, the first

“-

d fired his lawyer in December, determined to die
now rather than spend years confined to a death~row cell for 23 hours a
day.

Wearing a black hood, he was to be strapped into a steel chair 23
feet from five executioners, a white cloth target pinned over his heart
and a pile of sandbags behind him.

The executioners -- all law enforcement volunteers paid $300 each --
were to fire through rectangular openings. One gun is traditionally
loaded with a blank round; none of the shooters knows which.

Gilmore was the first person put to death in the United States after
the Supreme Court lifted its ban on capital punishment in 1976. His
execution ended a 10-year moratorium on the death penalty.

It was during a visit to his sister in Washington Terrace that
Taylor entered a neighbor’s apartment and attacked Charla Nicole King.
The girl’s nude body, unéer pants stuffed in her mouth, was found on a
bed by her mother.

Taylor’s own sister, Laura Galli, who testified at his sentencing
that he had raped her three times when she was 12, tipped off police
that he may have murdered the child.

Taylor’s fingerprints were found on the bedroom telephone. He
Claimed he had merely burglarized the apartment, taking $3 from under
the phone.

His strategy of requesting a non-jury trial backfired when Judge
David Roth found him guilty and sentenced him to death.

Killer Nears Firing Squad

AP 25 Jan 96 19:43 EST V0O150
Copyright 1996 The Associated Préss. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Killer Nears Firing Squad

POINT OF THE MOUNTAIN, Utah (AP) -~ A child killer who said he would
rather die at the point of a rifle than fastened flat on a gurney.
awaited the nation’s first execution by firing squad in 19 years early
Friday.

John Albert Taylor, 36, was scheduled to be shot at 12:01 a.m. at
Utah State Prison by anonymous marksmen firing the same type of deer
rifle used to execute Gary Gilmore at the same institution in 1977.

Taylor had his first cigarette in six yedrs as he was led from
maximum security to the death-watch cell Wednesday, prison spokesman
Randy Ripplinger said.

Under Utah law, Taylor was offered the choice of lethal injection or
firing squad. Utah is the only state to have the firing squad.

Taylor said he chose the firing squad because it would be a costly
inconvenience to the state and because he feared "flipping around like
a fish out of water" if given an injection. He also hoped the method
would more dramatically underscore his claim that his death would be
state-sanctioned murder.

Taylor, diagnosed at 17 as “a remorseless pedophile," was convicted
of raping 11-year-old Charla Nicole King and strangling the girl with a
telephone cord in 1989.

“They say executing him is so barbaric," said the victim's mother,
Sherron King. "Tell me what’s barbaric. My daughter was alive (while
being raped and choked). He won't even hear the sound of the bullets."

Taylor had insisted he was wrongly convicted. But he abruptly
dropped all appeals an


es

TAYLOR, John A., white,--shot Utah January <6, 1996

FIRING SQUAD EXECUTES CONVICTED KILLER

DRAPER, Utah (Jan 26, 1996 03:51 a.m. EST) -- A condemned child killer
who abandoned his appeals became the nation's first convict in 19
years to be executed by firing squad early Friday morning. Ray Wahl,
director of field operations for the Utah Department of Corrections
said John Albert Taylor died at 12:07 a.m. The 36-year-old Ogden
native was shot in a warehouse at the Utah State Prison's maximum-

security unit in Draper. He had been convicted of the rape and murder
of 11-year-old Charla King.

An execution will not "answer the questions," said Charla's mother,

Sherron King. "It's just going to help stop this madness. For Taylor,
it's too late," she said. "He needs to die."

In a rare interview Monday, Taylor told 2 high-school students that

brother. He was arrested 5 days later. She later would testify that
Taylor raped her during their childhood.

Galli remains convinced of her brother's guilt but hopes to remember
his good side, she told a Salt Lake City television station. "He's no
an animal," she said. "He was just a very sick person."

There were no eyewitnesses to Charla's killing. But on a telephone
police found fingerprints belonging to Taylor, who was a 30-year-old
parolee from Florida at the time. The cord used to strangle the victim
had been cut from that phone. Were it not for those fingerprints,
Taylor wouldn't have been convicted, declared 2nd District Judge

David Roth as he pronounced the guilty verdict. No other physical
evidence, like semen, saliva, hair or blood, was found linking Taylor
to the crime.

Taylor admitted entering the apartment and lifting the phone to steal
a few dollars tucked under it. He denied harming Charla. King
testified that money never was placed under the phone. And Taylor's
prints were consistent with someone cutting a cord.

Taylor's father died in 1990 and his mother has declined to come to
Utah for her son's execution. Gordon Lee, an uncle who testified as a
character witness for Taylor, visited with his nephew Thursday, hours
before the scheduled execution. At the time of the 1989 trial, Lee had
not seen his nephew since Taylor was 2 years old.

Taylor said he chose a firing squad over lethal injection to expose
Utah to ridicule for its "barbaric" option of execution. "I'm
appalled he wants to embarrass the state of Utah," Christensen said.
"I'm embarrassed that this state spawned someone so deranged to
kill this girl, then he can't admit he did it."

As Taylor approached his execution date, he appeared calm, said two
high school students who interviewed him Monday. They are about the
same age as Taylor's 16-year-old son. He does not know where the boy
lives and has no contact with him. Taylor "seemed very relaxed," said
Jeff Metcalf, an English teacher at Valley High School who

supervised the budding journalists. "He was setting things in order.
The word 'closure' comes to mind." [News and Observer, Jan. 26, 1996]

ae

v

y R ~ be 7] }- 2 _ 4+ Ta? } Sade - a or ve me wf”)
TAYLOR, John Albert, white, shot Utah January 26, 1996

Man Who Raped and Killed
Is Executed by Firing Squad —

POINT OF THE MOUNTAIN,
Utah, Jan. 26 (AP) — John Albert
Taylor politely lifted his chin for a
prison warden to secure a strap
around his neck before a firing squad
carried out the killer’s death sen-
tence early today.

The simultaneous boom of five ri-
fles broke the silence at Utah State
Prison just after midnight in the
nation’s first execution by firing
squad since Gary Gilmore’s death in
Utah in 1977.

In 1989 Mr. Taylor, 36, was found
guilty of raping an 11-year-old girl
and strangling her.

Utah offers condemned prisoners —

a choice: firing squad or lethal injec-
tion. Mr. Taylor had said he chose the
firing squad to make a statement
that Utah was sanctioning murder.
A tape recording of Mr. Taylor’s
last words was played after his exe-
cution. ‘I would like to say for my
family and my friends — as the poem
was written, ‘Remember me, but let
me_go,’ ¥,Mr. Taylor said before the

wandan -jUWanls--lalatla nlaroA ao

black hood over his head.

At 12:03 A.M., five sharpshooters, |
armed with .30-30 caliber deer rifles,
aimed at Mr. Taylor’s heart, marked
by a white circle on his blue jump-
suit, and fired. Four minutes later, a
doctor pronounced Mr. Taylor dead.

One sharpshooter fired a blank,
leaving each of them the chance to
believe he was not an executioner.

Sherron King, the mother of Mr.
Taylor’s victim, said she was alone
in a Salt Lake City hotel room when
the execution took place.

“T felt something pass through my
heart around midnight and felt he
was dead,” she said. “‘Part of me
wanted him to die and the other part |
of me felt bad for him. My heart goes
out to his mom.”

Mr.. Gilmore’s execution at the
same prison came after the Supreme
Court lifted a ban on capital punish-
ment in 1976. That execution ended a |
10-year moratorium on the death |

|

nanalty in tha Tinitnd @totac


H

Sunday, January 28, 1996

The Dallag Morning News 5 A

Executions stir death-penalty debate

Opponents call practice ‘barbarous’; supporters see it as justice

By Yvonne Barlow
Staff Writer of The Dallas Morning News

Executions by hanging and firing
squad last week left Americans both
fascinated and horrified, but death
penalty opponents say the deaths
were no different from other types of
capital punishment.

“I don’t see this as any different
from lethal injection,” said Rick Hal-
perin who teaches human rights at
Southern Methodist University.
“They are all equally barbarous ane
repugnant.”

However, Dr. Halperin said he
fears the publicity given to the hang-
ing of Billy Bailey in Delaware and
the firing squad execution of John
Albert Taylor in Utah elevates these
cases as more horrific than others.

Mr. Taylor, convicted of raping
and strangling an 11-year-old girl,
chose the firing squad over lethal
injection because he said he wanted
to make a statement about state-sanc-
tioned murder. He died early Friday
morning.

Utah corrections chief Lane
McCotter said gunfire is as sanitary

-and effective as lethal injection.

“In lethal you don't know wheth-
er the person is dead or asleep,” he
said. “Obviously this is instanta-
neous. All you have to do is let the
body react to the shock of the
rounds.”

Mr. Bailey, convicted of murder-
ing a couple in 1979, was hanged
Thursday in full view of two of the
victims’ sons. He chose hanging over
lethal injection. It was the first hang-
ing in Delaware in 50 years.

Richard Dieter, director of the
Death Penalty Information Center,
said he hopes the publicity given to

the two cases will prompt the public
to examine its feelings about the is-
sue. “They may come to realize that it
is a taking of a human life and that is
a line to cross,” he said.

“Get over it,” said Kelly Rudiger,
death penalty lobbyist for the Doris
Tate Crime Victims Bureau in Cali-
fornia. “There has to be some kind of
justice.”

Ms. Rudiger, who believes no
form of execution is too awful for
convicted murderers, became an ac-
tivist after her 16-year-old brother
was murdered in 1988. —

“| know nothing is bringing Jef-
frey back,” she said. But she would
like to know her brother’s killer,
who received 26-years-to-life in pris-
on, will never be paroled or kill
again.

“Murder is not stealing a pack of -

gum,” said Ms. Rudiger, 28. “First-
degree murder is deliberate and cal-
culated. These people have taken a
life. They deserve to pay with their
own.”

Sociologist and criminologist Jack
Levin said most people who support
capital punishment do so because of
a thirst for revenge. “They prefer
hanging and firing squad because
they are more concrete, more defi-
nite,” he said.

Modern methods of execution
such as lethal injection are seen as
humane, he said. “But they don’t
give the same satisfaction to some
people.”

Ms. Rudiger said she doesn't con-
sider death by hanging or firing
squad as cruel and unusual punish-
ment for murderers.

Thursday’s hanging was the first
time Delaware allowed victims’ fami-

|
i
!
|
|
|
|
\
\
|
\

t

lies to view an execution. Earlier thig
month, the Texas Board of Criminal]
Justice cleared the way for relatives
to watch. According to the Death
Penalty Information Center, Virgin;
ia, California and Louisiana also alt
low victims’ families to view execu
tions.

Ms. Rudiger said she would be
glad to see her brother’s murdere
executed. “I’m sure it’s ugly,” she
said. “But I think I would be fine
because I would have seen justic
‘done.”

But Dr. Halperin, who is a former
chairman of Amnesty International
USA, called such a practice perverse.
“They are witnessing a murder, and
they think it’s justified by calling it
something else,” he said. !

Dr. Levin, a professor at North-
eastern University in Boston, called
viewing executions pornographic. | {

He said Americans are afraid si
frustrated by the violence they seé
around them, and he puts the blame
on the ‘parole system that pine
murderers to society.

“If you convince Americans that
murderers will never get out, they
would be against the death penalty,
Dr. Levin said.

But Ms. Rudiger said, “Keeping
them in prison isn’t doing it — it’
just costing more than $20,000 a year

for each of them.” 1
Dr. Halperin sees the Utah and

Delaware executions as part of the

nation’s increasing fascination with

violence, and he expects the trend to

continue. ae
“I find it hard to believe that thi

is the best we are capable of.” ; |

- police officer to arrive at the apartment where Charla Nicole King,
11, was found with a phone cord tied around her neck and her panties
stuffed in her mouth.

"I'm tired of people saying 'Poor John,' " Christensen said. "Who was

there to protect Charla? She was to go to Lagoon the next day for her
birthday."

Taylor raped his sister in the early 1970s in Florida, then had
fantasies about raping the girls who lived across the street from his

grandmother's Roy home, according to court documents obtained by the
Standard-Examiner newspaper.

In a 15-page letter Taylor wrote in 1978, he apologized to the Roy
girls' family for breaking into their home when he was 15. "When I
raped or molested, it was a way for me to get back at the female
race," wrote Taylor, an Ogden native who moved to Florida with his
mother after his parents' divorce. The only boy in a family of six
children, he felt dominated by his sisters and was beaten by his
stepfather.

"Sex was one way for me to release the feelings I was going through,"
he wrote. "But I didn't know how to express them so I would go out and
do something deviant or I would use alcohol or drugs to get the same
effect." Taylor confessed to spying on neighbor girls and feared he
would act out his fantasies -- had he not moved back to Florida. The
Roy break-in never was reported to police.

His juvenile record in Florida is not public. But his criminal record
as an adult started at age 18 when he was convicted of robbery in

1977. While on probation, he was charged with rape in Fort Lauderdale
in 1982. While awaiting trial in jail, his muscled body thinned and the
victim could not positively identify him, said officer Christensen. A
Florida jury acquitted him, but there was enough evidence to send him
to prison until 1988 as a parole violator.

After his 1988 release, he returned to his native Ogden. He was 29
years old. In June 1989, he stayed with his sister, Laura Galli, in
the same apartment complex where Charla lived with her mother, Sherron
King. On June 23, Taylor was alone in the Galli apartment most of the
day. That afternoon, King came home and found her naked daughter dead
on a bed.

Christensen, then a rookie, was the first officer on the scene. She
found the victim's mother and a neighbor trying to revive the murdered
child. "For the rest of my life, I will be haunted by the sound of
that mother screaming, 'Someone killed my baby,'" Christensen said.
"This little department was not ready for this."

Charla's death has been the only homicide in the past 25 years in
Washington Terrace, a bedroom community outside Ogden. "I hope ... I
never have to do another one of these. It was my baptism by fire,"
Christensen said. "I remember creeping into my kids' room when I went
home to make sure they were OK."

The Gallis had planned a family dinner with Taylor the evening of the
murder, but Taylor became agitated when he noticed police activity at
the nearby apartment. Instead of staying for his favorite family meal,
he left, sparking the suspicions of Laura Galli. She contacted
Christensen and suiggested that the officer take a close look at her

ee ee er ee er eee

5
pan

“The'fi ring squad execution. of

ca ae sh Teets
fi

a ‘Albert Taylor (left) i in

ot sens States resumed:
: executions 20 years ago.

é ia ‘ ty!

ecuti ey week a poigt

z Quiet were » Bailey’ S ‘and Taylor's s-crimes?
f, $ Bailey; 49 was’ convicted of. shooting an
FF dderhy “couples-Gilbert Lambertson, 80, and
fat Clara® ‘Lambertson, 73, in 1979 after. he walked
; “away from a prison. work-release program,

T- house i in Cheswold, Del. :

. . Taylor, 36, was found guilty i in 1989 of raping
jp an 11-year-old girl and strangling her with’a tele-
‘i. phone ‘cord. ‘Though’ he’ had “insisted he was
+E wrongly convicted, he fired his lawyers last year
4. and: dropped all appeals, saying he preferred
¥ death to prison.

~Q Why was Bailey ‘hanged?

: lethal injection given prisoners condemned un-
} der an earlier law that provided only for hanging.
4 .. “I feel the law sentenced me to hang and I
ie should hang,”: Bailey. told the state Pardons
| Board at a clemency hearing last week. “I don’t
want to, but that was the law.”

Q: Why was.Taylor shot?

oF ing squad or lethal injection. Taylor said he chose

' state with’ a firing squad. Utah lawmakers are

i] the condemned, choose the method of execution.

' cution?

| -ecution ‘at the same prison came after the U.S.
Supreme Court lifted its ban on capital punish-
ment in, 1976. That execution ended a 10-year
|} .moratorium on the death penalty in the United
States. .

(OQ What do death palais opponents say?

» At Foes of capital punishment were hopeful
that the: fundamentally brutal nature of this
week’s hanging and fring squad executions and

| robbed a liquor store and broke into their farm-

» At Bailey declined to exercise the option of ©

_| of the 56 prisoners executed died by the injection

. *. As Utah offers the condemned a choice of fir-

the firing: ‘squad to'make a statement that Utah | "
| was sanctioning murder. Idaho is the only other -

} considering legislation to let judges, instead of |

Q: ‘What was significant about Taylor’s exe- —

As It was the nation’s first execution by firing ©
3 squad since Gary Gilmore in 1977..Gilmore’s ex-..

the publicity surrounding them would stun the
public away from what they see as a growing cal-
lousness toward capital punishment, fed by the

antiseptic, almost medical nature of lethal in-

jections.

*‘When we euthanize someone in the middle
of the night, it’s like taking your dog to the veteri-
narian,” said Kevin O’Connell, co-president of
the Delaware Citizens Opposed to the Death Pen-
alty and one of about 100 protesters who sang
hymns and rang a bell outside the prison walls
during Bailey’s execution. “But a hanging means
that a man’s neck is snapped. That is a spectacle.

It makes it a real consequence. And you're going. '

to see more weeks like this one.’

Q: What about death’ penalty proponents?
A: Supporters of the death penalty, who rep-

resent a majority of Americans — 70 to 80 per- .

cent in some polls — remained unfazed and said
this week would pass without-spurring change.
“People who thinje the firing squad is inhu-
mane should ask the convicted murderer why he
picked it,” said Michael Rushford, president of
the Criminal Justice Legal Foundation, based in

-California.

Utah corrections chief Lane McCotter, who
has witnessed both methods, said gunfire is as
sanitary and effective as lethal injection.

“In lethal you don’t know whether the person
is dead or asleep,” he said. “Obviously, this is in-

-stantaneous. All you have to do is let the body re-

act to the shock of the rounds.”

/
Q: How many people have been executed in

. the United States?, -

As Since 1608, according to death penalty re-
searcher Watt Espy, almost 19,000 people have
been legally executed in what is now the United
States. Most were hanged. Electrocution began to
replace hanging i in the 1920s, and last year most

of deadly chemicals.

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y, January 14,1996 e@ The Fresno Bee

With executions already taking While state governors com-

By James Brooke
New York Times

SALT LAKE CITY — When
word got out that Utah was pre-
paring to execute a child
murderer by firing squad, Jack
Ford’s telephone started to ring
off the hook.

“For two days, all I did was
answer the phone,” said Ford,
the spokesman for the state cor.
rections department. “Finally, I
had a form letter printed up: We
are not taking volunteers.”

The unwanted flood of volun-
teer sharpshooters came with the
first scheduled firing-squad exe-
cution in the United States in
almost two decades. If Utah poli-
ticians have their way, the exe-
cution by firing squad scheduled
for Jan. 26 may also be the na-
tion’s last.

Oz prediction is that we are going to climb to
100 executions this year. 9

Steven W. Hawkins, National Coalition to Abolish the Death Penalty

A firing squad composed of
state law-enforcement officers is
set to take the life of John Albert
Taylor, 36, who was convicted of
sexually assaulting and stran-
gling Charla Nicola King, 11, in
1989. Taylor chose a firing squad
over lethal injection, Utah’s oth-
er execution method.

The return of the firing squad,
unique to Utah in modern times,
offers a benchmark to measure
the evolution in the application
of the death penalty.

Relatively rare through the
early 1980s, executions nation-
wide jumped to 56 last year,
nearly double the 31 recorded in
1994. Utah has executed three
people, all by lethal injection,
since Gary Gilmore was executed
by firing squad in January 1977.

“Our prediction is that we are
going to climb to 100 executions
this year,” Steven W. Hawkins,
executive director of the Nation-
al Coalition to Abolish the Death
Penalty, said from Washington.

place at a rate of one a week, the
news media and the public focus
only on executions with a twist,
death-penalty opponents say.

“This is the month for the
strange and the bizarre,” Haw-
kins said, referring to executions
scheduled for January. “There is
the firing squad in Utah, a hang-
ing in Delaware and, in Illinois,
there is Guinevere Garcia, only
the second woman to be execut-
ed” since 1976.

With a record 3,046 con-
demned man and women await-
ing executions in 38 states, the
public’s increasingly hard line on
crime pressures politicians to
speed up executions.

In Utah, polls indicate that 75
percent of voters support the
death penalty.

| Murderer picks firing Squad, igniting debate

muted 10 death sentences in
1991, that number fell to one in
1994 and to zero in 1995.

Congress voted this fall to cut
out all federal financing for a
program designed to provide free
legal aid for appeals by men and
women sentenced to death.
Known as Death Penalty Re-
source Centers, this nationwide
network of offices had a budget
of $19.6 million last year.

Although President Clinton
has not signed the bill because of
the budget impasse, he is expec-
ted to, and most of the centers
are winding up operations. In
Texas, where 92 men were exe-
cuted last year, the number of
lawyers for the Death Penalty
Center has dropped to one from
18 a year ago.

' By Edmonde A. Haddad

execute John Albert Tay-
lor. If all goes as planned,
Taylor, who brutally. raped and
murdered 11-year-old Charla
King in 1989, will go before a fir-
ing squad in Utah tomorrow.
Utah is the only state in the
union that uses the firing squad.
Convicted killers there are given
the choice of lethal injection or
being shot to death. According to
newspaper reports, a warehouse
at Utah State Prison is being
fixed up with one-way mirrors,
plywood partitions with gun

7 HEY’RE GETTING ready to

ports and a wooden arm chair.

Prison officials will put a hood «
over Taylor’s head and attach a
square piece of red cloth over his »

heart. Then, five .30-caliber rifles
will fire simultaneously. A pan
will be placed under the chair to
collect any dripping blood. Tay-
lor turned down lethal injection
because, he said, he didn’t want
to “flop around like a dying fish.”
These executions usually
bring out strange impulses in
America. There are the weird
types who show up outside the
prison to cheer and volunteer to
pull the trigger. With prisons be-
ing built faster than McDonald’s
and with the return of chain

DAP

gangs in the South, you have to
ask, “Just how civilized is our
country, anyway?”

We have to end capital pun-
ishment because it is at least as
barbaric as the crimes committed
by those who sit on death row.
Even so, why should the taxpayer
foot the bill for maintaining con-
victed murderers in prison? A

friend of mine, Alan Putter, and I.
were discussing the situation and .
I was intrigued with his idea. Put- |

ter would banish convicted mur-
derers who have exhausted all
legal challenges to their convic-
tions to an island. The island
would have to have a water sup-

. ply and soil capable of producing

fruit. and vegetables. If they
chose not to grow their own food,
they simply would not eat. Initial-
ly, seeds and other basics would
be provided to begin the island’s
life-support system. ~

There would be no guards and

no way to escape. Each prisoner ~

would have a microchip implant-
ed under his skin that would set

-off an alarm thousands of miles

away if the person tried to leave
the island. These convicts would
be free to do whatever they wish-

ed: They could set up some kind |

of ruling structure or they could
kill each other off. Authorities
could inspect the island once a

An Alternative to the Death Penalty

25-96

PHOTOS BY A.P.

‘| Charla King,
| above, was |
|: raped and
slain by
John Albert —
Taylor, left,
in 1989

year or so and bring along appro-
priate medical supplies. Once it
was determined that the island
population was <90 crowded, an-

Y fer Fran C15 Ce

Chrov J ch

other island would be initiated.
Those convicted of capital crimes
would have no alternative but to
be sent to this kind of purgatory.
It has been repeatedly demon-
strated that execution does not
deter crime. The prospect of be-
ing permanently banished from
society just might have an inhib-
iting effect on someone bent on
killing and raping.

here’s hope for Utah. Embar-

rassed by all the negative at-
tention, state Representative
Sheryl L. Allen supported by Gov-
ernor Mike Leavitt, is readying
legislation that would ban the fir-
ing squad. However, all indica-
tions are that John Albert Taylor
will eat pizza, smoke a cigarette
and be led to that wooden chair
now being set up in the ware-
house at Utah State Prison. The
five men on the firing squad will
aim directly at the red patch over
Taylor’s heart and then fire, and
those outside the prison with
their signs will cheer before re-
turning to their own miserable
lives. We should consider the is-
land option. It’s not easy, but it is
vastly more civilized than what
prevails today.

Edmonde A. Haddad is former presi-
dent of the Los Angeles World Affairs
Council.

Fx lox executed Utah - FridAy [— 26-76.


UTAH LAWMAKERS SHRUG OFF CRITICISM OF PLANNED EXECUTION BY FIRING SQUAD

SALT LAKE CITY, Jan 25, 1996 -- Eight executions were scheduled this
month across the United States. Delaware is to hang a killer Thursday .
But it is Friday's scheduled firing-squad execution of John Albert
Taylor in Utah that is drawing the scrutiny and fire of groups from
around the world.

Leaders from Amnesty International USA and the American Civil
Liberties Union, both based in New York City, and the Utah Catholic
diocese converged in Salt Lake City Wednesday to denounce capital
punishment before Utah lawmakers and reporters, and at a snowy rally
with 40 protesters.

Amnesty Executive Director William Schulz and ACLU President Nadine
Strossen ridiculed Utah lawmakers' proposals to ban firing-squad
executions as an attempt to avoid the messiness of the death penalty.

"In this country death by electrocution or lethal injection or even
hanging is considered 'acceptable' forms of execution while death by
shooting is not," Schulz said. "Why is that? The results are exactly
the same ... The truth is that death by firing squad -- bloody,
unsanitary, untidy -- forces us to come face to face with the sheer
brutality of what we judiciously call ‘capital punishment."'

While most Americans support the death penalty, surveys show its
popularity dwindles when killers can be assured life in prison without
parole, Schulz said. Executions send the disturbing message that
violent crime can be redressed through state-sanctioned violence,
added Dee Rowland, the 80,000-member Catholic diocese's government
liaison. "One of the ironies is the murderer becomes a household word,
while the victim is forgotten," Rowland said.

But Utah House Speaker Mel Brown, a Republican, dismissed the

execution protests, saying, "The national director of the ACLU (came

to Utah) to go skiing. After meeting with activists at the Capitol
Wednesday, Brown said, "I kind of squared off with them" for suggesting
that executions are "barbaric". "The other thing they tried to hit

us on was the image," he said. "Here we're going to have the Olympics
and they're saying this is barbaric."

Utah House GOP leader Christine Fox added: "They understood that it is

not within the power of the Legislature to really mitigate the
execution that will be taking place. We tried to explain to them that
the overwhelming majority of Utahans support the death penalty," said
Fox, who said she supports capital punishment. "It's sickening to me
personally to hear the descriptions of an execution ... But I do
believe that the death penalty is a fitting penalty for some crimes,"
Fox said.

The meeting turned "tense," according to House Democratic leader Frank
Pignanelli after Amnesty officials said Utah's image in the eyes of
the world was on a par with North Korea, Cuba and Iraq. "That didn't
go over well," said Pignanelli. Pignanelli said he believes in capital
punishment, under certain circumstances. "Raping and strangling an
11-year-old girl is one of those instances," he said, referring to
Taylor's 1989 crime.

During the 45-minute meeting, held behind closed doors, Senate
Democratic leader Scott Howell recalled a passage from the New
Testament. "But whoso shall offend one of these little ones (children)
. it were better for him that a millstone were hanged about his neck,
and that he were drowned in the depth of the sea," he quoted from
Matthew 18:6. Thursday, several Catholic churches have designated
services to pray for victims and an end to capital punishment.

Wednesday afternoon, about 40 protesters and 35 journalists huddled
in the shelter of an overhang at the Federal Building in downtown Salt
Lake City during a rally. "We should pray for that little girl and we
should pray for the family, because they hurt," said defense attorney

ron Yengich. "But killing John Albert Taylor won't bring that girl
ack."

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} “Legally Bhot Bhot to Death,
{With Tustration a and Portrait.)

: =e ra U.T.; May. 16.-- Wallace Wilkerson, wh0 ,

‘shot Baxter in Tintie about two: years ago, was &Ie

cuted. here to-day, at twelve o'clock. . He evinced”
creat nérve, and sat in a chair facing three guns, dis-

tant about thirty fect, without either bandaging of

‘closing his eyes, His wife spent the last night and |

‘up to within half an hour of the execution with him.

The scene of the parting was very affecting. Hemade |
aect. speech, expressing thanks tothe officials and
others, stating that he had no‘ill will toward any but _

20n, ‘who swore falecly on the ti trial. He oe ik

sak il S20

' CITY, UTAH, MAY léza, FOR THR MURDEB
OF BAXTER.

that Goa would forgive him. He bade good-bye, and

_ shook hands with a few of the officials and others. ©
Then he took a position on the chair, and at asignal
from the marshal three concealed marksmen firod.

He leaped from the chair exclaiming, “Oh, God!” foll

forward on his face, and continued writhing, breath-
ing a few gasps. for twenty-seven minutes, when the
physicians pronounced him dead. There were about:
twenty-five poople in the jail ba and probably 200
outside the inclosure.

—


]

‘DRESS REHEARSALS' BEGIN FOR FIRST FIRING SQUAD EXECUTION IN 19 YEARS

SALT LAKE CITY (Jan 24, 1996/ Associated Press) -- Five marksmen
practiced firing on command and a prison worker played the part of a
convicted killer as the state conducted a dress rehearsal for its
first firing squad execution in 19 years. John Albert Taylor,
sentenced to die for raping and strangling an 11-year-old girl in
1989, will be led out of a holding cell, strapped into a chair and
shot through the heart just after midnight Thursday.

Taylor, 36, will be the first inmate to die by firing squad since Gary
Gilmore was executed in 1977. Taylor chose the firing squad over
injection, the state's second method of execution since Utah outlawed
hanging in 1983. ny
George A. Sorenson, retired suburban editor of The Salt Lake Tribune
who has witnessed three firing Squad executions, called them "clean
and efficient". "There's just a shot and the guy slumps a little bit,"
Sorenson said. "It's nothing like a hanging or an electrocution."

The state of Delaware was scheduled early Thursday to hang a man
convicted of killing an elderly couple. It will be the state's first
hanging in 50 years and the third in the United States since 1965.

Utah corrections officials this week constructed a portable death
chamber in a warehouse on the prison grounds. The room includes a

Sandbag-lined chair and a screen erected less than 50 feet away to
shield the identities of the marksmen, who will aim through holes in
the screen. The shooters, all volunteers from the field of law
enforcement, have been practicing firing on command and in unison.

Five minutes before Taylor is led into the death chamber, officials
will load four of the deer rifles with live rounds and one with a
blank round. Taylor will be given 2 minutes to make a last statement
before a hood is placed over his head and the order to shoot is given.

He is scheduled to die at 12:01 a.m. Friday.


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scl ibe l n th « € « « 18 at
G1 ose ar ticles 3 but the invari ble en ictment t]
1¢€ I rson i y 0 le olfence sha suifer dea 1, 1 any
tl 2 -rson fu y, f t] ff ay » ] ll fler le; tl] 7 tl ti
IC db 6 W 10u
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1¢e od ll t
cificati ne t exe
« s y et d
nd h > re rula 10n of e arn are as silent in th ut
cuted, L the D t Ss th 1 a
S 3 t ruies und rticles of war one Ss ha V ing made
re a cl al. db
re pect a he le FVes: :
o recul S 1 t h ut regal 1 the cu stom of war Say a lear n od
a, lL 8
n re ua 10n n € Ss ’
Wi iter u pon the sub ect, has 5 In the absence of ng y law ’
| f=)
dc termin d that capital punishment be inflicted y shootin or
C ine
« « t t d Y 1 y;
Yin 3 Same vwuthor idds to the effec h ut 1 1utl 1
h mg £ 3 and the ane ¢
meaning mutiny not-resulting in loss of life, deserti nh, or other
fo) t=) on,

y i ‘ is y ished by

militar crime, ifa capital offence, 18 commonl pun 7 4

’ y

] ooting ; that a spy is always hanged, and that mu ny,

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ife ished in the sar a

ani SS of lif » 18 pun
accompanied by ]

i i : Jourts-Martial (5th ed.)
ner, —that is, by hanging. Benet, Courts Ma ¢ .

oe : ay how a
Military laws, says another learned author, do not we “be
agai ys shi eath, bu
criminal offending against such laws shall be Roa s ; ~
; i atone
yar; and his statemen
i ire the eustom of war; ¢
leave it entirely to oe. eee
th t shooting or hanging is the method determined by .
rae + pa ; 4 i ‘ecedin¢g
ustom. Dellart, Courts-Martial, 196. Like the aes
. * ; ‘ . ta ; . « ’ « neec
thor, he also proceeds to state that a spy Is generally 7 - :
au y he: gene oe
and that mutiny unaccompanied with loss of life is sag - y
' i : at desertion
the same means; and he also concurs with Benet, that = :
- “of. i ri ar ally pun-
lisobedience of orders, or other capital crimes are usua y P
als . : S
i shooting, adding, that the mode in all cases, that 1s,
Pe aot , be declared in the sentence.
i i  hangi ay be declz
either shooting or hanging, may eee a
i , prevail in other cou ;
Corresponding rules } ke ne
i ; roof: Simmons,
i iti fill afford sufficient proof:
ying authorities will affo 0
Coat M ‘i 1 (5th ed.), sect 645; Griffith, Military Law, 86.
‘ > artic 2 ‘ .
Yourts-Martial Co ’ ~ see
Capital punishment, says the author first named, m “
ee i i serti - other
either by shooting or hanging. For mutiny, desertion, °" Oo ;
; t ing; for murder no
military crime it is commonly by shooting; for m net
on ‘ irae sompanie
combined with mutiny, for treason, and piracy a
vith P anging, ¢ le sen-
with wounding or attempt to murder, by eS as t hepa
71 é the country
in Engl st accord with the law o
tenée in England must ace ve methine
regard to the punishment of offenders. [ix: : A : hia
< ‘i ich need not be reproduced.
ress , the other writer, which nec
are expressed by t ee
i ar : n by the Co
‘ nishments are forbidde
Cruel and unusual pu (
iti y sufficient to
tution, but the authorities referred to are quite suffici
J

Oct. 1878.] WILKERSON v. Uran. 135

show that the punishment of shooting as a mode of executing
the death penalty for the crime of murder in the first degree ig
uot included in that category, within the meaning of the eighth
amendment. Soldiers convicted of desertion or other capital
military offences are in the great majority of cases sentenced
to be shot, and the ceremony for such occasions is given in great
fulness by the writers upon the subject of courts-martial.
Simmons, sects. 759, 760; DeHart, pp. 247, 248.

Where the conviction is in the civil tribunals, the rule of the
common law was that the sentence or judgment must be pro-
nounced or rendered by the court in which the prisoner was
tried or finally condemned, and the rule was universal that it
must be such as is annexed to the crime by law. Of these,
says Blackstone, some are capital, which extend to the life of
the offender, and consist generally in being hanged by the neck
till dead. 4 Bl. Com. 377.

Such is the general statement of that commentator, but he
admits that in very atrocious crimes other circumstances of
terror, pain, or disgrace were sometimes superadded. Cases
mentioned by the author are, where the prisoner was drawn or
dragged to the place of execution, in treason; or where he was
embowelled alive, beheaded, and quartered, in high treason.
Mention is also made of public dissection in murder, and burn-
ing alive in treason committed by a female. History confirms
the truth of these atrocities, but the commentator states that
the humanity of the nation by tacit consent allowed the miti-
gation of such parts of those judgments as savored of torture
or cruelty, and he states that they were seldom strictly carried
into effect. Examples of such legislation in the early history
of the parent country are given by the annotator of the last
edition of Archbold’s Treatise. Arch. Crim. Pr. and Pl. (8th
ed.) 584.

Many instances, says Chitty, have arisen in which the igno-
minious or more painful parts of the punishment of high treason
have been remitted, until the result appears to be that the king,
though he cannot vary the sentence so as to aggravate the pun-
ishment, may mitigate or remit a part of its severity. 1 Chitt.
Cr. L. 787; 1 Hale, P. C. 370.

Difficulty would attend the effort to define with exactness

ae ee ee gee”


nin

;
f
‘
+e

136 WiLkerson v. UTAH. [Sup. Ct.

the extent of the constitutional provision which provides that
cruel and unusual punishments shall not be inflicted; but it is
safe to affirm that punishments of torture, such as those men-
tioned by the commentator referred to, and all others in the
same line of unnecessary cruelty, are forbidden by that amend-
ment to the Constitution. Cooley, Const. Lim. (4th ed.) 408;
Wharton, Cr. L. (7th ed.), sect. 3405.

— Concede all that, and still it by no means follows that the
sentence of the court in this case falls within that category, or
that the Supreme Court of the Territory erred in affirming the
judgment of the court of original jurisdiction. Antecedent to
the enactment of the code which went into operation March 4,
1876, the statute of the Territory passed March 6, 1852, pro-
vided that when any person was convicted of any capital offence
he shall suffer death by being shot, hanged, or beheaded, as
the court may direct, subject to the qualification therein ex-
pressed, to the effect that the person condemned might have
his option as to the manner of his execution, the meaning of
which qualification, as construed, was that the option was lim-
ited to the modes preseribed in the statute, and that if it was
not exercised, the direction must be given by the court passing
the sentence.

Nothing of the kind is contained in the existing code, and
the legislature in dropping the provision as to the option failed
to enact any specific regulation as to the mode of executing
the death penalty. Instead of that, the explicit enactment is
that every person guilty of murder in the first degree shall
suffer death, or, upon the recommendation of the jury, may be
imprisoned at hard labor in the penitentiary for life, at the
discretion of the court.

Jeyond all question, the first clause of the provision is appli-
cable in this case, as the jury gave no such recommendation as
that recited in the second clause, the retord showing that their
verdict was unconditional ‘and absolute, from which it follows
that the sentence that the prisoner shall suffer death is legally
correct. Comp. Laws Utah, 1876, p. 586.

IIad the statute preseribed the mode of executing the sen-
tence, it would have been the duty of the court to follow it,
unless the punishment to be inflicted was cruel and unusual,

Oct. 1878.] Wiikerson v. Uran. 137

within the meaning of the eighth amendment to the Constitu-
tion, which is not pretended by the counsel of the prisoner
Statutory directions being given that the prisoner when dul
convicted shall suffer death, without any statutory ton
specifically pointing out the mode of executing the commas
of the law, it must be that the duty is devolved upon the court
authorized to pass the sentence to determine the mode of exe-
cution and to impose the sentence prescribed. Id., p. 567.
Persons guilty of murder in the first degree “shall suffer
death,” are the words of the territorial statute ; and when that
provision is construed in connection with sect. 10 of the code
previously referred to, it is clear that it is made obligatory upon
the court to prescribe the mode of executing the ‘seattones of
death which the code imposes where the conviction is for mur-
der in the first degree, subject, of course, to the constitutional
prohibition, that cruel and unusual punishment shall not d
inflicted. .
Other modes besides hanging were sometimes resorted to at
common law, nor did the common law in terms require the
court in passing the sentence either to prescribe the mode of
execution or to fix the time or place for carrying it into effect.
as is frequently if not always done in the Federal circuit Gadi,
At common law, neither the mode of executing the prisoner
nor the time or place of execution was necessarily embodied in
the sentence. Directions in regard to the former were usually
given by the judge in the calendar of capital cases prepared b
the clerk at the close of the term; as, for example, in the “ive
of murder, the direction was “let him be hanged by the neck,”
which calendar was signed by the judge and clerk, and sheets
tuted in many eases the only authority of the officer as to the
mode of execution. 4 Bl. Com. 404; Bishop, Cr. Proce. (2d ed.)
sects. 1146-1148; Bishop, Cr. L. (6th ed.), sect. 935. 7
Reference is made to the cases of Hartung v. The People (22
N.Y. 95), Lhe People v. Hartung (23 How. Pr. (N. Y.) 814)
Same v. Same (26 id. 154), and Same v. Same (28 id. 400) a
supporting the theory of the prisoner that the court coascened
no authority to prescribe the mode of execution; but the court
here is entirely of a different opinion, for the reasons already
given.
Judgment affirmed.

— eo FeO EEO

sapere tree?


WOODS, Omer, white, 8, shot Utah (Salt Lake County) 1-18-192),,

"Salt Lake City, August 17, 1922 - Counsel for Omer R. Woods, firmer
Idaho probate judge, convicted recently of having murdered his wife and
who was sentenced to death yesterday filed notice of appeal and = cer-
tificate of probable cause, the latter sutomatically postponing the ex-
ecution set for Sept. 1. Mrs. Woods, according to evidence at the re-
cent trial,had been killed and her body placed upon a burning bed,

The affair cecurred in the Woods apartment home here and it was the plea
of Mr, Woods that his wife had been murdered by robbers,"

NEWS-ITEM, Mobile, Alabama, August 17, 1922 (9-1,) |

WOODS, Omer, wh, g
» vier, Wh, shot Utah sP (salt

*

CREMAT

M*« N. J. JEROME glanced nervously into the teacup

ane

for the second time.
mild blue eyes stared with strange fascination at the
tea leaves in the bottom of the cup.

“What do you see?” The frail little woman sitting across
the table uttered the words in a barely audible whisper.

The fortune teller, an elderly white-haired woman of con-
siderable dignity, continued to gaze fixedly at the tea leaves.
Suddenly she reached out with a trembling hand and sent the
teacup crashing to the floor.,

“T saw something awful, Maryetta,” she said shakily. “First
I saw your dear face in the cup. You seemed to be afraid—
you were fleeing from some one. Then——”

“Yes?” prodded her visitor.

“Then I saw. the faces of two men. They were hideous

. faces—they were like demons from hell,” Mrs, Jerome cried
tensely. “They had horns, and long tails, and pitchforks !”

- ",Mrs.. Maryetta Woods considered this information with
mixed emotions. A wry smile twisted her thin lips, but she
was strangely impressed. She was silent for a moment, then

“dow Mrs. Jerome saw the fragile woman pick her way along
the icy sidewalk in the December twilight.

An intelligent woman, Mrs. Jerome considered fortune
telling merely a pleasant diversion. But now she shuddered

. dered what it meant:
She watched the slender figure until it was swallowed in
the dusk. It was the last time she saw her friend alive.

ITAN’S MYSTERY OF THE

Her face turned pale and her |

left the room.without another word. Through the front win-_

as she recalled the horrid vision in the teacup, and she won-

Lake ) 1-18-1934

D WIFE

The incident of the teacup fortune would have been without °
significance had it not been a prelude to violent death. Its
fantastic and weird details soon were to be told from the wit-
ness stand in one of Utah’s most sensational murder trials in

a decade. A “THI

On January 9—approximately three weeks after she visited and |

the fortune tellerp—Mrs. Woods met the awful doom fore- stum!

shadowed in the teacup. - i _
3

Her fate was most tragic because, even though a sickly
woman, she loved life with the fierceness peculiar to those
who feel that their days are numbered. Moreover, she was

-only thirty-nine, and she was devoted to her husband, Omer
R. Woods, an ace government detective, and her at-
tractive co-ed daughter, Tee Lee Woods, aged nine- ,
teen, who was a sophomore at the University of
Utah. e.

January 9 was a raw day. A_ biting wind
sang mournfully through the naked trees of”
Salt Lake City’s streets. The snow-capped
Wasatch mountain peaks east of the city
were banked with gloomy fog.

At 1:20 that afternoon Miss Flo-
rence Kimball, who lived on the
third floor of the Pauline
Apartments, 278 East First
South Street, was disturbed
by an odor of smoke.

Looking into the hall- ’
way, she saw a blue haze,


she be allowed to take the infant to
jail with her.

A grand jury, specially summoned,
returned three indictments charging
murder in the first degree, murder in
the second degree and manslaughter.

The trial began on Monday, April
26, before Judge Thomas J. Hammond
and a jury at Northampton. Mrs.
Bouvier, smiling and confident, was
represented by Attorneys Daniel F.
O’Brien of Northampton and William
F. A. Graham of Boston.

District Attorney Heselton doffed
his kid gloves when presenting his
case to the jurors.

“We will prove,” he told them, “that
this was a premeditated crime, one of
the worst in the history of this coun-
ty.”

Witnesses would testify, declared the
prosecutor, that Rudolph W. Bouvier
lived in deadly fear of being shot,
though he was celebrated as a woods-
man and guide, and while» hunting
always wore a red cap and red jacket
to eliminate the possibility that he
would be taken for game.

“Sych a man would not keep a
loaded gun around the house,” Hesel-
ton went on. “In fact, members of
his family will tell you he continually
oiled and polished this death weapon
without ever loading it, but instead
kept the cartridges on a high kitchen
shelf. Like all hunters, he admired a
good gun, but he very rarely used this
one.”

The state’s case followed this pat-
tern, with a parade of relatives and
friends of the dead man, arms experts,
druggists and the immediate family of
the deceased. The prosecutor at-
tempted to prove that Beatrice Bou-
vier deliberately killed her husband
after long premeditation to win the
love of another man. :

This man, Willis Knowles, was 4

damaging witness against the defend-= ~

ant. He admitted she pursued him
and tried to marry him.

Buckley, to whom all the authori-
ties collaborating on the case gave full
credit for cracking a dificult murder
problem, definitely sealed the woman’s
fate with a full account of her false-
hoods and her efforts to buy a poison
whose purpose couldn't have been to
kill rats, since it was proved no ro-
dents existed in her cellar, as she had
claimed.

Although the defense fought bit-
terly, their cause was hopeless from
the beginning. On Mother’s Day,
Sunday, May 9, the jury brought in a
verdict of guilty of manslaughter. : A
gasp of surprise went up in the court-

room. Did this mean Mrs. Bouvier ~

would win leniency?

Judge Hammond set at rest all
doubts on Tuesday, May 11. He sen-
tenced Beatrice Bouvier to a max~

imum term of twenty years im’

Women’s Prison at Framingham.

Eprror’s Nore: To spare possible
embarrassment to imnocent persons,
the names Willis Knowles, Mrs.
Warren Knowles and Ed Fletcher,
used in this story, are not real but
fictitious.

46

Telltale Pyre of the
Detective’s Wife

(Continued from page 18)

tender in a cafe a block west of the
Pauline Apartments. He recalled see-
ing the pair hurrying past his inn
some time before the fire engines came
shrieking up the street.”

But there the trail ended as far as
Wire and Egbert were concerned.
They reported their findings to Detec--
tive Chief Riley M. Beckstead, who
informed them the police dragnet for
the suspicious characters had brought
no results.

“We'll give the reporters their de-
scriptions and put out pickup bulletins
on them,” he saide “Their difference
in size and their rough dress should
have called some attention to them.” .

Before going in to talk with Woods,
waiting in their office, the two detec-
tives got reports from Dr. Gilligan
on the autopsy and from the identifi-
cation bureau. To their dismay they
heard there were no fingerprints on
either the milk or benzine bottles.

Dr. Gilligan said two vicious blows
had been struck Mrs. Woods on the
head, one of which had caused a prob-
able skull fracture, while the other
shattered her jaw.

“They were terrible blows,” he de-
clared. “Two of her molars were so
loose I picked them out with my fin-
gers. She died either of strangulation
or the skull fracture, I can’t say

which.”

“What sort of weapon was used?”

“We couldn’t tell exactly. She was
a frail woman. It could have been a
piace butt, a club—or even a man’s

st.

“You examined Woods’ injuries, too,
didn’t you?”

“Yes, Bruises and lacerations on
the head.”

“As severe as those on the woman?”

“Humnn,” said the physician. uy
hadn’t thought of comparing them. Of
course, he was much stronger than his
wife. His resistance would have been
greater . .-.”

“Then his injuries weren’t serious?”

“Severe, yes. But nothing to worry
about.”

“That’s strange,” said Wire. “T sup-
,pose, being a man, he did stand up
better to the blows. ‘How. about his

wrists and legs where he was bound?

Were they badly chafed?”

“] didn’t check them. I merely made
sure he was not in need of hospitali-
zation.”

You won't want to skip a single
story in Stanley Walker's series
on: Famous Criminal Lawyers in
Front Page Detective. Next
month Mr. Walker describes the
swashbuckling career of “Wild
Bill’ Fallon. It is grade-A enter-
‘tainment! F. P. D. costs only 10c.

Detective Wire and Egbert and
Chief Beckstead seated Omer Woods
before them, and Wire told the hus-
band of Mrs. Jordan’s revelation.

“It would seem Mrs. Woods actu-
ally was in fear of someone, or some~
thing,” he concluded. “Think back
over your past. When you were a
judge, during your law practice, even
back to Tennessee. Are you positive
there was no one who might have

carried a bitter grudge against you, or

Mrs. Woods?”

The government investigator was
silent, as if in thought. ‘P’m certain,”
he said slowly aftey a long pause. “Vm
sure there was no one. | think the
whole affair was simply the work of a
couple of ruthless strongarm men.”

When the telephone buzzed Wire
reached for the instrument and lis-
tened for a moment. “I'll attend to it
right away,” he said curtly. “Another
matter has come up,” he explained to

his chief. “I'll be back shortly.”

He returned in 20 minutes. Dr.
‘Gilligan was with him.

“T think you should inform Mr.
Woods of your findings, doctor,” the
sleuth suggested.

The physician described the dead
woman’s injuries. “She was dead be-
fore the fire was set,” he declared.
“There was no smoke in her lungs.”

“Now,” said Wire sharply. “About
that benzine. You told us you bought
it for cleaning purposes last Satur-
day?”

“Why, yes,” Woods replied.

“Then explain how it was you were
seen running up the stairs from the
first to the second floor of your apart-
ment house just before 12:30 this
afternoon with that bottle of khenzine
under your arm.”

Burned Door Clue

: Woods was visibly startled. “I—

“Don’t try to deny it,” snapped the
officer. “The man who saw you posi-
tively identified the wrapping paper
we found in your bathroom. It was
stained with benzine and still was in
the shape of a bottle—that bottle.”

“I was confused when you ques-
tioned me just after the murder,” said
the husband. “I made a mistake. I
did get that benzine today. I was just
mixed up, that’s all.”

“And who was it,” shot the sleuth,
‘that closed the bedroom door, shut-
ting the flames in on your wife’s body
after they had reached their height?”

“J don’t know what you mean.”

“That door was blistered on the
wrong side, but it was also slightly
burned on the bedroom side. I just
talked with Captain Hancock, after I
remembered something he told me at
the scene, something that didn’t click
until I heard about the benzine.

“When the firemen got in your
apartment that door was nearly closed.
In that position the panels on the
living room side would not have béen
scorched, because there were no
flames in the living room. :

“So the door must have been open
when the fire started, and for most
of the time afterwards until you came

FRONT PAGE DETECTIVE,

popping
closed 4u
outer do
inner sid
WwW 1

Pz ‘
purple’ b:.:

out more:**

turned tc
“Look
doctor,” t
Woods
touch me,
There’s n
“Yes, th
suspicion
tor. Then
There w
and ankle
been boun
at his accu
played the
“The ch
mented. “(
He foun
trouser’s p
in it. ah
“Ts this
took?” he ¢
“Why, ]
Woods saic
back.” =.
“That’s «
detective s:
hold you fc
With th
Detective
statements
Woods’ de
was beyor
the time |
“But the
where,” hi
it. I’m su
we haven
wife cot §
ig et 4
onl: it
flictuu aanail(
the tieup <
to fool us.
It couldn't
way excep
tain Hancc
Newspar
tional case
hoped for.
Edward SI
at headquz
“T think
you're loo
the descrir
fit me and
In a fort
the myste
balcony o
“We we
there yest
tective. “\
noon. The
and it was
than shinr
a pruning
that was \
Within
had check

‘absolutely

of any cor
pruners,
been obse

AUGUST, 19


d Egbert and
d Omer Woods
2 told the hus-
revelation.
s. Woods actu-
leone, or some-
“Think back
mM you were a
’ practice, even
re you positive
10 might have
against you, or

vestigator was
‘T’m certain,”
yng pause. “I’m
e. I think the
7 the work of a
igarm men.”
' buzzed Wire
iment and lis-
(ll attend to it
rtly. “Another
1e explained to
shortly.”
minutes. Dr.

d inform Mr.
s, doctor,” the

ibed the dead
was dead be-
‘he declared.
in her lungs.”

y. “About
ou bought
st Satur-

plied.

was you were
airs from the
of your apart-
re 12:30 this
tle of benzine

lue

startled. “I—

’ snapped the
saW you posi-
apping paper
room. It was
d still was in
at bottle.”

‘n you ques-
murder,” said
a mistake. I
ry. I was just

ot the sleuth,
n door, shut-
w wife’s body
heir height?”
/U mean.”
tered on the
also slightly
side. I just
icock, after I
1e told me at
t didn’t click
enzine.
got in your
rearly closed.
inels on the
ot have been

were no
@.. open
4 for most
til you came

t GE DETECTIVE

Popping out into the corridor. It was
closed just a few seconds before. the
outer door/was opened, because its
inner side was only slightly burned.
Who shut it?”

“T don’t know,” Woods said hoarsely.
Pallor had crept into his face, and the
purple bruises around his eyes stood
out more darkly by contrast. Wire
turned to Dr. Gilligan, -

“Look over his wrists and ankles,
doctor,” the detective ordered.

Woods sprang to his feet. ‘Don’t
touch me,” he said. “I know my rights.
There’s no charge against me.”

“Yes, there is,” Wire told him. “It’s
Suspicion of murder. Go ahead, doc-
tor. Then I’m going to search him.”

There were marks on Woods’ wrists
and ankles to indicate that he had
been bound. He smiled triumphantly
at his accuser when the physician dis-
played the red circles.

“The charge still goes,” Wire com-
mented. “Come here.”

He found the man’s wallet in a
trouser’s pocket, and there was $100
in it.

“Is this the money those bandits
took?” he demanded.

“Why, I thought they took it,”
Woods said. “They must have put it
back.”

“That’s quite likely,” snapped the
detective sarcastically. “We'll have to
hold you for the time being, at least.”

With the husband taken to a cell,
Detective Wire admitted that the
statements of witnesses substantiating
Woods’ description of the two bandits
was beyond his ability to explain for
the time being.

“But there must be an answer some-
where,” he asserted. “And we'll find
it. I’m sure Woods, for some reason
we haven’t learned yet, killed his
wife, set fire to her bed after soaking
it with the benzine that he bought
only about noon today, and then in-
flicted minor injuries on himself, faked
the tieup and concocted a good story
to fool us. That door was the tipoff.
It couldn’t have been burned in any
way except as I figured it out. Cap-
tain Hancock agrees with me.”

Newspaper publicity on the sensa-
tional case provided the break Wire
hoped for. The next day, Tuesday,
Edward Shafer, a carpenter, appeared
at headquarters,

“I think I’m one of those ‘bandits’
you're looking for,” he said. “I read
the descriptions in the Paper, and they
fit me and my partner.”

In a forthright manner he explained
the mysterious man leaping from the
balcony of the Pauline Apartnrénts.

“We were pruning some trees out
there yesterday,” Shafer told the de-
tective. “We got through right after
noon. The balcony was right handy,
and it wasn’t much of a jump. Easier
than shinnying down the tree. I had
a pruning knife in my hand. I guess
that was what the lady saw.”

Within an hour Wire and Egbert

chad checked his story and found it

absolutely true.. Completely ‘innocent
of any connection with the crime, the
pruners, the officers reasoned, had
been observed by Woods either after

AUGUST, 1943

.

-

or shortly before he dealt his wife
the fatal blows and ignited the fire.

It was probable, they felt, that he

had seen the two men ‘leave and had
quickly decided to appropriate their
descriptions to fit the mythical mur-
derers who invaded his home.: -
_ From there on the accumulation of
evidence against the husband was
chiefly routine investigation, the in-
terviewing of one person after another
until a complete case could be: laid
before Prosecutor E. A. Rogers.

Insurance Agent Testifies

Questioned time and again Woods
maintained his innocence. He was
sufficiently shrewd to know that if he
stuck to. one story obstinately some
doubt might be created in the minds
of jurors who would hold out for
acquittal, or conviétion of a less seri-

““ALIBI’’ STARS

_—
"Where were you on the night of
August the [4th?" Raymond Lovell
seems to be asking Margaret Lock-
wood in this picture. They are starred
in the thrilling movie melodrama
"Alibi," now being shown at theaters
from coast to coast. "Alibi,"' which
has a plot that will intrigue all fact-
detective fans, is a Republic picture.

ous crime than first degree murder.

‘It was on that charge that Woods
was brought to trial on June 22, 1922,
six months after the crime. District
Judge Ephraim Hanson presided, with
District Attorney Rogers presenting
the state’s case and Thomas Ramage,
a prominent Salt Lake City attorney;
defending Woods.

One by one the state’s witnesses
appeared on the stand, steadily build-
ing up the case against the slain
woman’s husband. Captain Hancock
and the detectives described the mur-
der scene, and Rogers stressed the
clue of the door that was burned on
the wrong side.

The two pruners identified them-
selves as the men Mrs. Jordan had
seen leaving the Pauline Apartments.
Then Rogers opened up with his heavy
artillery.

He called C. H, Reddington, an in-
surance agent.

“I have here two policies insuring
the life of Maryetta Woods,” he began.
“Did you write one of them?”

The agent ‘said he did, an $8,000
policy on which Woods had paid a
$40 premium on January 6, just three
days before she died. The prosecutor
brought out the fact that the policies
provided double indemnity for death
under certain conditions—and had she
been burned to death her husband
stood to collect $16,000!

Next on the stand appeared two
residents of Idaho who testified that
Woods had approached them with of-
fers to make some easy money in a
life insurance deal.

Oscar Zim:nerman, a Boise laborer,
revealed tha: Woods had urged him
to help in ar. “accident,” either in an
auto or a burning building, but that
he had refused without listening to
the details.

A. C. Vadney of Council, Idaho,
said Woods had tried to get him to
take over a casualty insurance com-
pany agency, implying there was
money to be made by arranging
deaths. “Naturally, I turned him
down,” said Vadney.

Rogers clinched his case by produc-
ing evidence to show that Woods, at
the time of his wife’s death, had debts
totaling $3,000, which he could not pay
although his creditors were pressing
him for money.

Attorney Ramage put up a fiery
defense for his client, who denied
knowing his accusers from Idaho, and
dwelt at length upon his career as an
attorney, judge and internal revenue
bureau undercover operative.

Mrs. Jordan was put on the stand
to tell of her vision in the tea leaves
and to substantiate Woods’ story of
the two roughly-dressed strangers.
However, on cross-examination she
admitted that these latter—obviously
Shafer and his coworker—were not
the “devils” she saw in the teacup.

The defendant's daughter earnestly
asserted her belief in her father’s
innocence, described him as a loving
husband and father and insisted there
was no reason for him to have killed
her mother. ;

But at 1 «Mm. on July 4 the jury
returned a verdict. It was guilty of
murder in the first degree. Woods
and the others in the courtroom
awaited a recommendation of mercy,
but there was none. The federal de-
tective who had thought he could out-
wit Salt Lake City’s ace homicide
sleuths had left to him only the choice
between the noose and a firing squad.

It was on the sharp morning of
January 18, 1924, that Omer Woods,
who once said he’d give his life to
see his wife’s killer executed, had that
opportunity. He sat with his back to
a grim wall inside the state prison,
staring into the muzzles of the rifle-
men only a few feet away. At 8:17 a.m.
orange jets of flame spat from the lev-
eled guns.

Eprror’s Nore: To spare possible
embarrassment to an innocent person,
the name Mrs, Fielding Jordan, used
im this story, is not real but fictitious.

47

this

t

=

ae PONE aman TRC eee <e Se :
Gerald Wentzel of Pottstown, Pa,
brace from-his wife atter his releas
Penitentiary. His 10- to 30-year sen

receives a warm em-
e from Eastern State

tence for the strangu-
lation slaying of a divorcee with whom he admitted keep-

ing Company, was commuted after he served three years,

Surrounded by detectives and police. of SatteLake City, |
Jesse Neal of San Francisco struggles against his. hand-- _ oo
cuffs. They trailed and captured him just. a "few. .minutag* Ss" aaa
atter a police sergeant was shot and fatally wSunded.-The =" 2
shooting and chase occurred in gewntown Salt Lake City.

11

~~

N bye


To the Editor of The Herald:

Protesting innocence, Don
aa was shot tu death July
y a firing squad for a 1951
murder in Utah. He had been
scheduled to die six times pre-
viously.

Two Herald editorials —
“Utah Takes a Life,” and “Ci-
tizen Executioners’ bring some
satisfaction to. people who had
hoped that this life need not

| be taken, The feeling persists,
‘among many well informed
‘ persons throughout the coun-
: try, that Don Neal was, in fact,
- innocent of the crime for which

—we--o" vy ‘oe e892 ~ se oo

he was executed. No one will
ever know. «© —

Neal had no funds or > friends
in Utah. He was represenied
by a court appointed counsei at
his trial. Herbert Monte Levy,
Staff counsel, American Civil
Liberties Union, volunteered
his services later. Every 2fort
to secure a new trial failed.
(Second trials in capital cases
are rarely granted, but seem
| to be more easily obtainable
F in civil litigatiae.)

Governor 5, Bracken Lee si

- >

corded “every Constitutional

-Utah writes that Neal was ace .

:
ee legal right; that he had Brookline.

How Did HéShoot ham: Angle?

‘ appealed 12 time: to District,

State and Federal courts...
Had any of these courts felt
that there was a reasonable
doubt as to his guilt I am cer-
tain they would have inter-
ceded.” Circumstances of the
crime, however, make it almost
impossible to believe that the

whole truth has been uncovered. |
Arrested on suspicion of a $14

robbery, Neal was searched,

-handeuffed with hands behind

his back, when the policeman sit-
ting next to him was shot from
the front in the stomach! Neal
claimed that a prosecution wit-

, ness killed the officer. -

Sometimes truth may lie be-
yond reach of painstaking and
exhaustive judicial procedure,
which, aiter all, is made by
man.

ture og

7~_—
Articles on the case will ap- }

pear in August Argosy and the +, od

American Civil Liberties Bulie-
tin. ‘
Neal wrote a book in prison, —

which he,said would be pub-
lished after his death,. the pro-
ceeds to go to his 60n, who,
Neal said, would never know
about his father.

(Mrs.} SARA R. EHRMANN |


AND MAY GOD HAVE MERCY...

murders, also implicating & man named Clarence O'Donnell.
IIowever, two days later, under strongly suspicious cireum-
stances, King repudiated his admission. Governor Whitman, now
keenly interested in the case, ordered a new investigation and
asked the legislature for $25,000 for this purpose. The county
had already spent $50,000 on the case.

George II. Bond, a former district attorney, was named
special deputy attorney general to direct the new inquiry. His
exhaustive study, uncovering many irregularities, was climaxed
by the report of recognized ballistics experts who examined the
bullets and concluded that they positively could not have been
fired by Sticlow’s revolver, which, they found, had not been
used for years. Bond still was in the midst of his work when
King, a year later, voluntarily repeated! a full confession of his
part in the murders, again implicating O'Donnell. After the
details of his story had been minutcly checked, including his
account of how the stolen money had been spent, the governor
in 1918 ordered both Stielow and Green freed, but neither was
ever compensated for the three years they had spent in prison,

Similar cases could be related, as well as many others con-
cerning men long since executed and still believed by many to
have been innocent—men like young Don Neal, who faced a
firing squad in Utah for a murder that some contend it was
physically impossible for him to have committed, and George
Brandon, executed in New: Jersey in 1921, although lawyers
have insisted that with funds and competent counsel his life
could casily have been spared.

These are twentieth-century cases, but records compiled by
tbolitionists through long years of research have unearthed others
in carlicr times. There was Margaret Tloughtaling of New York
who was hanged for the murder of a child. I'ifteen years later a
woman on her deathbed sent for a clergyman and admitted she
had committed the crime and purposely resorted to trickery to
cast suspicion on Miss Houghtaling. In Ineland, in 1869, Pris-
cilla Biggadyke, convicted of poisoning her husband, was dragged
to the gallows protesting her innocence. Years later a dying man
confessed that he had gone into the kitchen of the Biggadyke
home during the wife’s absence and dropped poison into a
pudding she had left on the table.

o4

WOW MANY INNOCENTS?

To such evidences of the fallibility of justice, abolitionists
always point an accusing finger. The dead cannot be brought
back to life; there ean be no freedom given to those wrongly
executed,

55

d
ie
|

r

2D

NEAL, Don Jesse, white, shot Utah (Salt Lake) 7+1-1955. |
ez” mee *)”"” few ht ly

WKATHEM BEPORT, PAGE A-3

2 -23-195 |

THE MOUNTAIN

VOL 335

ee ae eee -

No $3")

Olst Yeor

SALT LAKE City!

S. L. Officer
Shot Down
By Prisoner

A prisoner whe shet a pe-
Mieeman in downtown Salt
Lake City and then fled was
captured at 3 p.m. by police
officers whe grabbed the man
pear fifth seuth and Maia
Streets.

A Salt Lake police officer was
shot in downtowr Salt Lake
City Wednesday afternoon by a
man he had tn custody

The prisoner then escaped.

The injured office: was iden-

tified as Sgt Owen T. Farley, '

who was shot in the abdumen.

A cordon of police officers
were believed to have cornered
the man near Fifth South and

Main Streets shortly after the| :

shooting.

First reports said that the|
Prisoner grabbed Farley's gun/ #3

and shot him.

The prisoner was tentatively
identified as Jesse Nee!, 3i, who
was wanted by Ogden police.

Fariey had apparent)y taken
the man into custody shortly
before the shooting

‘ VICTIM UNCONSCIOUS

Sergeant Farley was uncon-
scious in the emergency ward
of Huly Cross Hospital. He
could give no details of the
shooting.

Spectators: said the prisoner
apperently grabbed the wheel
of the car and forced it to the
eurb. There was a shot. Neal
jumped from the car and ran
morth up an alley.

oo - be veevive degree

Two More
For Honors

Reds Ab
Most C
Korean

i By RARNEST

TOKY®, Truss
‘The Red Army a
| most costly eff: -
| Koreen War Ve
‘pulled Seck towa

peralie!.
Coun'er attac kir
PRES. JOSEPH PF. SMITH ‘tanks and tafeaatrs
»-. Gecterate conieree (Ne haeiss revres

‘5M @ general ads
‘ried to witnen &
; North Kurea on
‘front and earv-2
lot of the Red
‘corridor in the ea
Only the contin
/of tnfermetion fri
/hit South Korean
‘the eastern front
|s. 8th Army offic.
‘clamiag complets
PROVO—Two more distin-:
guished Utahns ee

ween ra munist spring off
. : ¥ t ti
were listed with Pres. David O. | The North Ko °

MeKay of the Church of Jesus Be csi
Christ of Latter-day Saints as ‘*"S 10 Claim

scheduled recipients of honor. | ure —— me

BYU Names

mencement exercises June 4.

=v iter et Brig- | stern tront—the
niversity com- Capitol—were sur

being destroyed.
The general Al.


base acl ae

758 Utah 262 PACIFIC REPORTER, 2d SERIES

gun, the shells and of perpetrating an
armed robbery of a motel in Ogden, Utah,

‘just two days before the murder. Asked

about his desire to escape he said that
“* %* * T thought I could talk my way
out * * * because I was wanted for no
felonies in this state,’ implying that he
knew he was wanted on felonies elsewhere.
He further admitted that he was on parole;
that he knew he was wanted for stealing,
forging and cashing upwards of 40 checks
from the Alamo Cleaners in California.
Responding to questions as to purchase of
the cartridges he said: “Well, I committed
robberies before, and I figured that if I run
out of funds I would do that.” The Dis-
trict Attorney cross-examined him concern-
ing other recently committed robberies in
California, which he denied. No proof was
offered that he committed them.

[1] Itis true that evidence that a person
committed other crimes is inadmissible to
prove that he committed the crime in ques-
tion. The authorities uniformly hold that
the fact that such evidence might have been
incompetent for one purpose does not pre-
clude its admissibility where a legitimate
and proper purpose relevant to an issue in
the case exists. This court held in State
vy. Scott,! that such evidence is properly re-
ecived, “If the evidence tends to show in-
tent or motive’. Wharton says “* * *
other offenses are inadmissible when of-
fered for the purpose of proving the crime

trial court instructed the jury in reference
to such evidence: “This evidence may be
considered by you only in connection with
whether or not the defendant had a motive
to kill Owen T. Farley.” There is no in-
dication of any bad faith or over-reaching
on the part of the District Attorney. For
the reasons indicated we believe under th
fact situation which existed no prejudicial
error was committed against the defendan:
by permitting the cross-examination.

The other 3 points we consider all dea!
with the absence of counsel at parts of
the proceedings. The record is silent a>
to the reason why counsel were not present
We observe, however, that although coun-
sel were court appointed, a perusal of the
record indicates that in all of the prior
proceedings and in the trial they were care
ful, competent and diligent in protecting
the rights of the accused.

[3] 2. Absence of counsel at the time
of verdict: When the verdict was re-
turned, counsel had apparently been ex-
cused by the court during the jury’s delil-
eration. The only suggestion as to ans
thing counsel could have done for the dc-
fendant at that time was to ask that th:
jury be polled and request a favorable timc
for sentence. The record shows that the
court himself carefully attended to this by
asking each juror individually if he agreed
with the verdict; all answered in the at-
firmative; he then inquired of defendant

charged, or to show that the defendant Neal his desire as to the time of scapencc.
would be likely to commit the crime with Neal asked for the greatest possible time.
which he is charged * * * [but] the stating that he wanted to appeal. “
evidence of other crimes is admissible to maximum permitted under the satiate hee
show motive, and, where relevant for this have becn 10 days, but at Neal’s request
purpose, the admissibility is not affected sentence was sct over until ers wks
by the fact that such evidence may prove a total of 12 days. We are unable to sce
— how defendant was in any way prejudiced

other crimes. '
nce of counsel on that occasion.

[2] The state of mind of the defend- by the abse *
ant as to his knowledge that he was being [4] 3. Absence of counsel at the time
sought, his fear of apprehension and the of sentence: Neal had had 12 days a
consequences thereof were certainly mate- that his sentence would be impased os <i
rial as bearing upon the likelihood and tober 16th. At that tire Judge Elicit called
motive he might have for killing the arrest- the case and Neal’s counsel was not pres-

ing officer. As a cautionary measurc, the ent; according to the minute entry of the

1. State v. Scott, 111 Utah 9, 175 P.2d 2. Wharton’s Criminal Evidence 11th Ed.,
; 1016 1022 Vol. 1, Sec. 262; see also Wigmore on

Evidence, Vol. 1, Sec. 277.

STATE v. NEAL Utah 759
Cite as 262 P.2d 756

proceeding he was asked if he had any
reason to show why sentence should not
be pronounced upon him. He answered
that he had none and made no request or
comment concerning the matter of counsel.
A-motion for new trial had theretofore
been filed on October 9th. It was denied
and sentence was imposed. Under the ver-
dict as rendered, without recommendation
of leniency, the death sentence was manda-
tory 3 and there was nothing counsel, nor
even the court, could have done except to
carry out the mandate of the statute. It
would be a useless formality to remand the
case for the purpose of having the sentence
pronounced with counsel present.

[5] 4. Absence of counsel when the
motion for a new trial was denied: As
above indicated, the motion for a new
trial had been filed on October 9th; and
Neal had had 12 days’ notice that sentence
would be imposed on October 16th, at
which time the motion for a new trial was
also denied. On November 3rd defendant
filed a notice of appeal and also on the
same date filed a “Motion for a Rehearing
of Motion for a New Trial.” The latter
motion was set for hearing, presented to
the court by counsel and was ruled upon
on November 17, 1953. The State asserts
that this cured any defect which might have
existed in not having an opportunity for
oral argument on the original motion for
a new trial. Defendant counters that be-
cause the notice of appeal had been filed on
November 3rd the district court lost juris-
diction and the hearing on the 17th was a
nullity. It appears duplicitous for the de-
fendant to file a Motion to Reconsider the
Denial of the Motion for New Trial, have
it called up and present the matter to the
court in an attempt to get a favorable rul-
ing thereon, then after the ruling goes ad-
verse to him, turn about and claim that
because of his own conduct in filing the
prior notice of appeal, the proceeding which

3. 105-28-4, U.C.A.1948 now 76-304, U.C.
A.1953.

he himself had initiated and carried for-
ward was a nullity.

The answer to his argument is found in
the fact that the notice of appeal was filed
by him and for his own benefit. The court
apparently in good faith and under the
belief that he had authority to grant the
motion to reconsider if he had deemed it
advisable, and at defendant’s request, had
a plenary hearing and heard argument of
counsel on his motion. After having duly
considered it, he ruled adversely to the
defendant. It cannot be questioned that
had he ruled otherwise, and granted a new
trial, the defendant would have withdrawn
or waived his notice of appeal which he
would have had a right to do. He there-
fore had a full consideration by the dis-
trict court of his request for a new trial.

[6,7] We are aware of the scriousness
of our responsibility in a case where a
man’s life is involved. To the degree we
are capable, we have carefully scrutinized
all matters of substance claimed as error
by the defendant. We are also conscious
of the fact that a trial in the courts of
this state is a proceeding in the interest of
justice to determine the guilt or innocence
of the accused and not just a game. We
will not reverse criminal causes for mere
error or irregularity. It is only when there
has been error which is both substantial
and prejudicial to the rights of the accused
that a reversal is warranted.4 The de-
fendant was entitled to a full and fair
presentation of the case to a jury of un-
biased citizens and to have his rights safe-
guarded by competent counsel. This has
been done. We believe the defendant has
been accorded the full measure of protec-
tion afforded him under the constitution and
the laws of our state. We find no matter
in the petition for rehearing of sufficient
moment to justify granting it. It is there-
fore denied.

HENRIOD, J., not participating,

4. See. 77-42-1, U.C.A.1953: State vy.
Cluff, 48 Utah 102, 158 P. 701.


ae ae

Re ea

Slag it Balan ROO

saith

1056 Utah

shoot you if you don’t do what I say.”
Defendant’s argument that these statements

‘wete too remote to be a part of the res

gestae and not admissible as such are im-
material because they are clearly admissible
on other grounds. Coming as they did while
defendant was trying to make good his es-
cape, these incidents and statements tend to
show his purpose and design to use the gun
to the extent he thought necessary in or-
der to effect his escape and that he had
formed such purpose and design in making
his escape from the officer’s custody. See
People v. Coughlin, 13 Utah 58, 44 P. 94;
State v. Nemier, 106 Utah 307, 148 P.2d
327. In the Coughlin case testimony that
defendant shot at officers several days be-
fore the crime charged was held admissible
even though it tended to prove another
offense because it indicated a purpose to
kill any one who attempted to arrest him.
And in the Nemier case we held that the de-
tails of a gun battle after an escape from
the state prison was admissible for the same
purpose. Evidence of any fact which ra-
tionally tends to prove any material issue
is admissible unless forbidden by some
specific rule,! and should be received if
offered for an admissible purpose although
‘t would be inadmissible if offered for some

other purpose.”

[4] The testimony of the bus driver
that the defendant threatened him saying,
“Keep moving. I just shot a man” is ad-
missible also as an admission contrary to his
claim as a party to the action. Such state-

1. See 1 Wigmore on Evidence, 3d Ed. 293,
See. 10, II citing Thayer “Presumptions
and the Law of Evidence,” 3 Harvard
Law Review 143; to the same effect see
the American Law Institute Model Code
of Evidence, Rule 9(f) and the Foreword
thereto by Edmund M. Morgan, p. 8; al-
so see Chief Justice Wolfe’s prevailing
opinion in State v. Scott, 111 Utah 9 at
page 20, 175 P.2d 1016 at page 1021.

2. See State v. Nemier, 106 Utah 307, 148
P.2d 327; State v. Scott supra; also 2
Wigmore on Evidence, 3d Ed. 300, See.
13, where he says: “In other words,
when an evidentiary fact is offered for
one purpose, and becomes admissible by
satisfying all the rules applicable to it
in that capacity, it is not inadmissible

254 PACIFIC REPORTER, 2d SERIES

ments by a party to the action are universal-
ly deemed admissible when offered by the
opponent to such party both as testimonial
assertions and for impeachment purposes.
This is true regardless of whether at the
time when made the statement was against
the interest of the party or not and no
showing is required that the person making
the statement is now dead or unavailable
as a witness, for the person who made the
statement, being the party to the action
against whom it is received, is the only
person who can object to it as hearsay and
he does not need the opportunity to cross-
examine himself because he has full know!-
edge of what his answers would be, and
has full opportunity to take the witness
stand and make any explanation which he
has to refute such evidence.3

[5,6] It was not error to permit the
district attorney to cross-examine defend-
ant as to other offenses. Over defendant's
objection the district attorney asked him it
he committed four robberies in California,
giving the time and place of each, within
six days prior to this shooting, which he
denied. Since no evidence was produced
that he was ever charged with or convicted
of any of such robberies and the state pro-
duced no evidence to that effect, defendant
contends that such questions were pro-
pounded without having any proof that he
committed any of such robberies and the
only purpose in asking such questions was
to suggest to the jury that he was an
habitual criminal and had the disposition

because it does not satisfy the rules ap-
plicable to it in some other capacity and
because the jury might improperly con-
sider it in the latter capacity. This
doctrine, though involving certain risks,
is indispensable as a practical rule.”

3. See 4 Wigmore on Evidence, 3d Ed. 2
to 7, Sees. 1048 and 1049. In the Ist
Ed. Dean Wigmore adopted a different
theory which he changed after an acute
criticism thereof by Prof. Edmund M.
Morgan, “Admissions as an exception to
the Ilearsay Rule,’ 30 Yale Law Journal
855 (1921); see also the American Law
Institute Model Code of Evidence, Rule
506, and comment thereon to the effeet
that the rule reflects the common law
rule on that subject.

STATE

v. NEAL Utah 4057

Cite as 254 P.2d 1053

and propensity for committing violent
crimes and that it was erroneous and highly
prejudicial to allow such examination.
Of course, if this questioning stood alone
and was made in bad faith without the
district attorney having reason to believe
him guilty of such offenses, such procedure
would be highly improper and the case
should be reversed. But the evidence does
not show that such was the case. On direct
examination defendant of his own accord
testified that the day before this shooting he
and Mrs. Tully at the point of a gun robbed
a motel in Ogden. On cross-examination
he admitted that he had been convicted
of four previous felonies mentioning for-
gery, burglary and one robbery and that he
was then on parole from California on the
robbery. He denied that he knew that
he was wanted in California for parole vi-
olation or that there was any reason to be-
lieve that he could not readily adjust all
the grievances which the California parole
board had against him. He admitted, how-
ever, that shortly before leaving that state
he stole the payroll checkbook of a business
establishment with its name printed on such
checks and that he had forged and passed
about 47 of such checks and obtained ap-
proximately $600 therefrom, but he claimed
that his father, aunt and wife were negoti-
ating to make restitution of that money.
Then he was asked if he committed these
four robberies, to which he objected, and
when required to answer he denied com-
mitting any of them. Thereupon he was
asked if he had not admitted to the police
officers that he had committed such rob-
beries, to which he answered that he did not
remember making such an admission but if
he did it was from duress and coercion.
Later the State called a police officer and
started questioning him as to such admis-
sions and on defendant's objection on the
ground of coercion a hearing in the jury’s
absence was held where defendant testified
that he was severely beaten and subjected to
other third degree tacties in obtaining his
statement. Thereupon the district attorney
stated that he had not anticipated that such
a claim would be made and that rather
than spend the time necessary to produce
254 P.2d—67

evidence to refute it he would withdraw the
question.

This evidence does not indicate bad faith
on the part of the district attorney nor that
the purpose of this questioning was to
merely show that he was an habitual crim-
inal with the propensity for committing
violent crimes. It shows clearly that de-
fendant had committed many felonies both
before and since he was last in custody. It
further shows that the avowed purpose of
this examination was to establish that de-
fendant was facing a serics of prosecutions
in Utah and California and thereby sup
plies a strong motive for trying to shoot his
way to freedom at the time he escaped
from Officer Farley.

Defendant’s contention that evidence of
other crimes was inadmissible, under the
circumstances of this case, is incorrect. He
quotes the Nemier case, supra, and con-
cludes therefrom that there is a general
rule that evidence of other crimes is not ad-
missible but that there are exceptions to
such rule where such proof is relevant to
prove intention, design or motive in or for
the offense. But the part quoted purports
to be a statement of an erroneous theory
of the law in such matters. That case held
that the state may not prove other offenses
where the sole and only purpose of such
proof is to show defendant’s propensity to
commit crime because the jury is apt to
give such evidence undue weight, but such
evidence is admissible when offered for the
purpose of showing an intention or design
to or a motive for commission of the offense
charged. In other words, the rule as stated
in the Nemier case and more clearly by
Mr. Chief Justice Wolfe in the Scott case
supra, is that evidence of other offenses is
excluded only where the sole purpose is to
show defendant’s propensity for the com-
mission of crime and does not include cases
where the purpose of such evidence is to
show defendant’s intention or design to or
motive for commission of the crime charged.
Here it is clear that the avowed purpose
of the district attorney in this cross-exam-
ination was to show that defendant had a
strong motive for shooting the officer, so

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105g Utah 254 PACIFIC REPORTER, 2d SERIES
vo

evidence that defendant committed these
four rebberies would have been admissible.
Since there are circumstances which in-
dicate that the district attorney had reason
to believe that the defendant would admit
that he committed these robberies the same
as he admitted the other offenses about
which he was questioned, it was not error
to admit such questions,

We have carefully examined the other
contentions of defendant and find them
to be without merit.

Judgment affirmed.

WOLFE, C. J., and McDONOUGH and
CROCKETT, JJ., concur.

HENRIOD, J., not participating.

LA RUE v. EL PASO NATURAL GAS CO. N.M. 1059
Cite as 254 P.2d 1059
57 N.M. 93

LA RUE v. EL PASO NATURAL GAS
CO. et al.

No. 5596.

zona Supreme Court, has effect of judg-

ment of court of general jurisdiction in
Arizona.

4. Workmen’s Compensation €>1789
Where Arizona pipe stabber, while em-
ployed on pipe line construction project
Workmen’s compensation proceeding. The which had that day progressed from New
District Court, Luna County, Edwin L, Mexico into Arizona so that pipe stabber’s
Swope, D. J., awarded compensation, and em- Work in New Mexico had been completed
ployer and insurer appealed. The Supreme that day, was injured on or about Arizona-
Court, McGhee, J., held that, where Arizona New Mexico line while drawing pay and
pipe stabber, while employed by gas company being returned 214 miles to his private
in pipe line construction project which had transportation in New Mexico, denial of
that day progressed from New Mexico into compensation by Arizona Industrial Com-

ri © a « st =f woe rorlke i \F “ . . . .
Arizona so that pipe stabber’s work in New mission under Arizona Workmen’s Com-
Mexico had been completed that day, was in-

- : : : pensation Act would not bar recovery under
jured on or about Arizona-New Mexico line *_ ‘ 27 022
; : . New Mexico Act. 1941 Comp. § 57-933;
while drawing pay and being returned two +
: i fe wete ans. U-S.C.A.Const. art. 4, § 1.
and one-quarter miles to his private trans-
portation in New Mexico, denial of compensa-

Supreme Court of New Mexico.
March 17, 1953.

tion by Arizona Industrial Commission under
Arizona Workmen’s Compensation Act would ‘ x
. P . Hodges, Hodges & Hodges, Silver City,
not bar recovery under New Mexico Act. ai. _ = ‘
H. Vearle Payne, Lordsburg, for appellants.
Judgment affirmed. , 2

Woodbury, Shantz & Woodbury, Silver

i. Workmen’s Compensation €=76 City, for appellee.

Where Arizona pipe stabber, while em-
ployed on pipe line construction project McGHEE, Justice
. . . , -
which had that day progressed into Arizona : :
. - ‘ : The claimant (appellee) was awarded
so that pipe stabber’s work in New Mexico i is an eaad ene
aye 25% disability compensation in New Mex-
had been completed, was injured on or * nate i : ‘ ;
: : 5 ; ico for an injury received in Arizona while
about Arizona-New Mexico line while : ; ;
: ; : returning from his place of work, during
drawing pay and being returned 214 miles : : ; :
Z ; - working hours, in a company pickup truck
to his private transportation in New Mex- : a
wt, 5 . Which he had boarded for return to a
ico, “permanent transfer” of work to Ari- : Be ae ‘ ; F
; -,, Private car in New Mexico, and in which
zona became effective at end of 214 mile % : 2
‘ tem ‘ ‘ he had ridden that morning from his home
trip within Workmen’s Compensation Act . é oa ;
es ‘ i in Arizona. The transportation in the pick-
provision that makes act inapplicable to em-
: ° up or another company truck was a regular
ployees departing from state after such .*. 7 =
transfer. 1941 Comp. § 57-933 incident of employment of the crew in
‘ " ; Mars - a 4 = which he worked and such incident had
wee BB ee — TASES, continued for a considerable period of
for other judicial constructions and defi- ‘ ‘ .
wes =i : ss time. Claim for compensation was first
nitions of “Permanent Transfer”. : . . :
filed with the Arizona Industrial Commis-
sion and by it denied on a finding the claim-
ant “did not receive an injury arising out of
and in the course of his employment,” but

it is clear he was injured during a time for
injury sustained while being so transported which he was drawing pay from the em-

is compensable under Workmen’s Compen- ployer. Claim was later filed in New Mex-

sation Law. 1941 Comp. § 57-933. ico asking for an award under our Work-

3. Workmen’s Compensation C=1789 men’s Compensation Act for the same in-
Under Arizona law, award of Arizona Jury.

Industrial Commission, which has not been The claimant was a pipe stabber on a

set aside or modified on review by the Ari- pipe line built by the employer through

2. Workmen’s Compensation €=734

Where transportation is furnished as
incident of employment by employer to em-
ployee engaged in hazardous occupation,

pate +9862

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756 Utah

diction of the court. The court required
Fedder to obey the orders of the probation
department; the terms of the probation
were clearly set forth in the probation
agreement, which, although prepared by
the probation officer, was a standard form
which the court adopted to apprise the ac-
cused of what was expected of him. If
appellant had considered any of the terms
unjust, he had ample opportunity to pre-
sent his dissatisfaction to the court on the
dates set for hearing and report; however,
he had no complaint about the terms and
raises now the technicality that the judge
did not personally provide all the terms of
his probation. This court has construed
the probation statute to give the courts the
broad discretionary power to suspend sen-
tence “during good behavior’, State v.
Zolantakis, 70 Utah 296, 259 P. 1044, 1047,
54 A.L.R. 1463, and to place the defendant
in the custody of a probation officer with
reports made to the court from time to
time, Williams v. Harris, Warden, 106 Utah
387, 149 P.2d 640. The terms of the proba-
tion were brought to the attention of the
appellant here much more definitely than
those of the Zolantakis case, supra, and,
like the Williams case, supra, although no
definite date was set for the termination
of the probation, the court exercised its
discretionary power to observe the progress
of appellant from definite date to definite
date in order to determine whether he
should be sentenced or the plea of guilty
set aside and the defendant discharged.

Appellant’s contention that the trial
court erred in revoking the probation is
not argued in his brief and we find noth-
ing in the record indicating that the hear-
ing on the affidavits of the parole officer
and appellant was not properly conducted.
The determination that he had violated his
probation is clearly indicated by the evi-
dence.

As we have discussed the meaning of
judgment supra, the trial court’s act in
later adjudging Fedder guilty was an un-
necessary act, and hence cannot be held to
be error.

[9] Our statute, U.C.A. 1943, 105-36-3,
U.C.A. 1953, 77-35-3, requires: “For the

262 PACIFIC REPORTER, 2d SERIES

purpose of judgment, if the conviction is
for a felony, the defendant must be per-
sonally present; if for a misdemeanor, the
judgment may be pronounced in his ab-
sence.” It is the majority view that a de-
fendant cannot waive his presence at the
time of sentence under a statute such as
this by voluntarily absenting himself at the
time set, 15 Am.Jur., Criminal Law, § 456.
Thus, although the court has committed no
error, the court must use the means avail-
able to it for bringing the defendant before
the court for the pronouncement of sen-
tence. The case is remanded for further
proceedings.

WOLFE, C. J., and CROCKETT, and
WADE, JJ., concur.

HENRIOD, J., concurs in the result.

O «© KEY NUMBER SYSTEM

aumse

STATE v. NEAL.
No. 7813.

Supreme Court of Utah.
Oct. 29, 1953.

Defendant was convicted of murder in
first degree. The Third Judicial District
Court, Salt Lake County, A. H. Ellett, J..
entered judgment, and defendant appealed.
The Supreme Court, 254 P.2d 1053, af-
firmed judgment, and, upon petition for
rehearing, held that, where the-court, when
verdict of guilty was returned, polled jury
and granted defendant two more days’ delay
before sentence was imposed than amount
of delay authorized by law, defendant was
not prejudiced by absence of counsel at
such time.

Petition for rehearing denied.

1. Criminal Law ©=369(1), 371(1, 12)
Evidence that person has committed

other crimes is inadmissible to prove that

he has committed crime in question, but

STATE v. NEAL Utah 757
Cite as 262 P.2d 756

such evidence is admissible if it tends to
show izitent or motive.4

2. Homicide €>166(1)

Defendant’s state of mind concerning
his knowledge that he was being sought, his
fear of apprehension, and the consequences
thereof were material in prosecution for
killing arresting officer on ground that
state of mind had bearing upon likelihood
and motive he might have for killing ar-
resting officer.

3. Criminal Law G=1166!/2(4)

In homicide prosecution, where the
court, when verdict of guilty was returned,
polled jury and granted defendant two more
days’ delay before sentence was imposed
than amount of delay authorized by law,
defendant was not prejudiced by absence
of counsel at such time.

4. Criminal Law C>1188

Where, at time of imposition of sen-
tence after 12 days’ notice thereof to de-
fendant following conviction for homicide,
defendant stated that he knew of no reason
why sentence should not be pronounced
upon him and made no request or comment
concerning matter of counsel, and court de-
nied defendant’s motion for new trial and
imposed mandatory death sentence, remand
of case for purpose of having sentence
pronounced with counsel present would be
a useless formality. U.C.A.1953, 76-304.

5. Criminal Law =1137(2)

Where, following conviction and sen-
tence of defendant for homicide, trial court,
apparently in good faith and under belief
that it had authority to grant motion to re-
consider defendant’s motion for new trial,
and at defendant’s request, had a plenary
hearing and heard argument of counsel on
defendant’s motion before ruling adversely
to defendant thereon, defendant would not
be heard to complain that such proceeding,
which defendant had initiated and carried
forward, was a nullity.

6. Criminal Law C=1186(4)
The Supreme Court will not reverse
criminal causes for mere error or irregu-

1. State v. Scott, 111 Utah 9, 175 P.2d
1016.

larity, but only where there has been er-
ror which is both substantial and preju-
dicial to rights of accused U.C.A.1953,
7742-1.

7. Criminal Law €=641(1)

In criminal proceeding, defendant is en-
titled to a full and fair presentation of the
case to a jury of unbiased citizens and to
have his rights safeguarded by competent
counsel.

—_——_>——_——

McCullough, Boyce & McCullough, Salt
Lake City, for appellant.

Clinton D. Vernon, Atty. Gen., J. Lam-
bert Gibson, Deputy Atty. Gen., Allen B.
Sorensen, Q. L. R. Alston and Bruce S.
Jenkins, Asst. Attys. Gen., for respondent.

PER CURIAM.

After the original decision in this case
was handed down, defendant engaged other
counsel who filed a petition for rehearing,
which the court after due consideration has
coricluded to deny. In doing so we make
observation concerning the following points
upon which it is urged that a rehearing
should be granted.

1. The cross-examination of defendant
by the District Attorney concerning previ-
ous crimes: This matter was fully briefed
on the appeal and was dealt with in the
original opinion. While such cross-exam-
ination would normally have been error,
under the facts of the instant case, it was
justified on the basis of motive; that is,
to show that the defendant was a fugitive,
having just committed a series of crimes,
and was therefore desperate and more
likely to kill an officer trying to apprehend
him.

This case is not comparable to one where
a defendant with an unsullied record is
besmirched by insinuating cross-examina-
tion. The fact is that the defendant him-
self on his direct examination voluntarily
related a sequence of vice and crime he
engaged in with a prostitute procured in
Reno, Nevada; he told of purchasing the

2. State vy. Cluff, 48 Utah 102, 158 P. 701.

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2

HE small black and white terrier
was barely visible from the high-
way. Its stump of tail was pulled
close against ‘its rump; its ears drooped
and there was a puzzled yet defiant ex-
pression on its face. It seemed to be
guarding or trying to figure something
out from the gaudy object that lay in the
tumble of thistles near where it stood.

Ivan Oaks, a young farmer of Vernal,
Utah, braked his car to a stop. He hesi-
tated about investigating because he was
a man accustomed to minding his own
business. But an hour or so previously
he had seen the dog at this same spot.
There should have been no dog out here.
A coyote, maybe, but not a fox terrier.
It was a wild region, 23 miles from a set-
tlement. The dog probably had fallen
from a tourist’s car, but what of the
striped object it was guarding ?

This decided Oaks. He stepped from
his car and slid down the rocky em-
bankment. He pushed through the piled
tumbleweeds but the little dog dared him
tw approach beyond a certain distance.
It whirled on the farmer, the small body
a vicious, threatening weapon. It meant
business.

Oaks snapped his fingers. “What is

26

it 2” he said soothingly. “Let me see what
you have, I’m your friend.”

The dog’s answer was a deep-throated
snarl but Oaks could see what it guarded.
That is, he could see it was a body and
he thought the body of a woman.

The head, shoulders and part of the
upper body were covered by a bright
Indian blanket. The blanket was wrapped
in crude mummy-fashion. The legs and
feet were exposed though the farmer
could tell little about that on account of
the tumbleweeds covering them.

For a moment he stood there unde-
cided what to do. He could not investi-
gate the body closely without having to
hurt the dog. He was, he thought, just
inside the Uintah-Ouray Indian reserva-
tion, This and the Ipdian blanket indi-
cated that the dead person was an Indian ;
hut he could see a: license tag on the
collar about the little dog’s neck. A reser-
vation Indian would hardly buy a dog
license. This decided him to get in touch
with the civil authorities. instead of the
reservation authorities, so he drove back
to Vernal and told Sheriff Herbert M.
Snyder of his find.

“A dead woman ?” the sheriff asked.

Oaks shrugged. “T think it’s a woman

and I don’t see how she can be anything
else but dead,” he said. “The body is down
that embankment just this side of the
Uintah river bridge and it looks like it’s
heen there quite a while.”

“How do you know that ?”"

“T don't know. You just get that im-
pression, Sheriff.”

“Probably a drunk—asleep,” the sher-
iff said, but he called Dr. J. L. Hansen.
the county physician, and within the hour
was back at the spot with the doctor anc
Ivan Oaks.

HE little dog was more disturbed
than ever. It defied the three men
as it had the one. The sheriff studied the
situation, the ground about the body, the
embankment. He said, “I don’t see any
tracks or anything else, so I guess we
won't destroy any evidence if we get in
there and catch him—or maybe I can do
it by myself. He’s a tough little rascal.”
He walked to within a yard of the
hody. He knew then that it was a woman
and that she was dead. He knew this
even while he was side-stepping thrusts
of the dog and was trying to capture it.
He finally managed it.

DARING


e

A study in suspicion: the smil-
ing prisoner, left, captured at the
wheel of the victim’s car, told
officers that his bushy-haired
pal, right, was guilty. The other
man reversed the accusation.

At this filling station the vic-
tim stopped to refuel and get
scraps of meat for her ‘dog.
Police got on the trail here.

same time and now the killer was driving
that car, oblivious of the living clue he
had left for the law to follow.

True, the victim had been robbed, but
this may have been a move to hide her
identity. The friend’ or relative angle
seemed the only reasonable one ; and the
friend or relative had done a thorough
job of murder but had made the mistake
of letting the dog escape his notice. Or
had the dog been thrown from the car
several miles back only to follow and
mount guard over his dead mistress when
he found her ?

Sheriff Snyder composed a long wire
to the sheriff's office at Alameda, Calif.,
the county seat. He described the mur-
dered woman, told some of the particu-
lars and gave the number on the dog
license tag. He asked for any information
about the victim—when she left Alameda
county, where she had been headed and
with whom. He asked the make and the
license number of the car in which she
had traveled. He requested an immediate

reply.

After dispatching the wire there seemed
little he could do but sit back and wait
for an answer. After all, any further in-

28

| 2

vestigation without knowledge of what
he was looking for would be a waste of
time and energy.

He was not long in getting a reply to
his wire. Signed by the Alameda county
sheriff's office, it read:

DOG LICENSE ISSUED TO
MRS. ABIGALE WILLIAMS
SAN LEANDROTHISCOUNTY.
MRS. WILLIAMS DESCRIP-
TION FITS WOMAN WILOSE
BODY YOU HAVE. FRIENDS
SAY SHE WENT TO VISIT
RELATIVES IN ST. PAUL MIN-
NESOTA. UNABLE TO CON-
TACT RELATIVES HERE.
FRIENDS SAY DROVE MODEL
A FORD. WILL WIRE OTHER
INFORMATION SOON AS GET
Vi
This wire was disappointing, telling
Sheriff Snyder only one thing he did not
know—the woman’s name. It did give the
type of car she had been traveling in.

He said aloud, “I can trace that car
on the road. It had to stop somewhere

for gasoline.”
Tt would be useless to send out wires

Foon

be femme tee}
SEER ROE AF 4

torn

to officers farther east without knowing
more, so he prepared to check to the west

on any Model A Ford in which a woman

with a fox terrier had been riding, From

this, perhaps he could learn something

about the other occupants of the car.

He started to leave his office when a
truck driver for an oil company came in.
“Sheriff,” the driver said, ‘'T heard about
that woman you found and T want to tell
you something, You found her out) by
the river bridge, right? ‘That's twenty-
three miles from here. About eight miles
out, T had a flat and stopped to change
it. Right away [ saw the shoulder of the
road was all torn up. Looks like some-
body had a whale of a fight out there—
a lot of people: and it looks like a car
was stuck off the road. I didn’t think
much about it then but when I got in
town and heard about this woman... .”

“You say about eight miles out—south-
west 7”

“That's right.” the truck driver said.

“Any blood ?”

“There’s blood and there's a thousand
footprints. You can tell there was a
battle.”

The sheriff shook his head. “I don’t

get

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‘onfession of
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es E. Smith,
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Sgt. Lowell
Knight have
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He has in-
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toanoke po-
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of the Mor-
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‘re fictitious.

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if he were
o said

weveur Mrs.
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help,” Con-

ou can tell
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it.”

nry Beattie
That’s as
and turned

ely unpre-
This threw
‘Ty Beattie,
ie father of

incredible.
ied a state-
sourchase of

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d his state-
s located at
orter Street.
and Henry
when they
larters with

are of Tom
asked him
oting. This

vancies be-
d the one
. but young
been con-

1ow do you
e was shot

in the left side of her face?”

Henry Beattie, Jr., could not answer the
question.

At that point the murder gun was
was brought forward and young Beattie
was asked if he thought it was the one
used to kill his wife.

“IT can’t be sure,” he replied. “But it
does look the same.”

At that moment Detective Luther
Scherer, who had been checking into the
young husband’s personal background,
came into the room. He asked permission
to question Beattie.- This was granted.

“Are you acquainted with a young
woman named Myra Schilling?” the of-
ficer asked. .

Henry Beattie, Jr., looked up quickly.
“Yes, I know Myra Schilling,” he said.

“How long have you known her?”

“A couple of years.”

“Are you in love with her?”

“No,” young Beattie answered bluntly.

The detective flashed a piece of paper.
“I have here proof that you have been
intimate with Myra Schilling since before
your marriage,” he shouted. “What’s more
we have proof that your marriage did not
stop the affair with Myra Schilling. You
have met secretly and you were out with
her earlier on the very night your wife
was murdered.”

° The paper in the detective’s hand showed
that a baby boy had been born in North
Carolina on July 24, 1909. The infant
had died later—but his father was Henry
Beattie, Jr. and his mother was Myra
Schilling.

The accused man denied everything; but
detectives worked around the clock to
prove that he was the cold-blooded killer
of his young wife. .

It was finally shown that Mrs. Beattie
had been standing beside the car when she

was shot; and that she was not sitting in-
side as her husband insisted. Also it was
shown that Henry Beattie, Jr., had hidden
the shotgun near the scene of the crime
where he could get it when he needed it
later that night.

Evidence mounted as Henry Beattie, Jr.,
paced the narrow cell of Henrico jail.
Then a coroner's jury heard the informa-
tion and indicted the young husband for
murder of his wife. : ‘

The small courthouse in Chesterfield
County was overcrowded for the sensa-
tional trial. One of the most damning bits
of evidence was produced by the prosecu-
tion when Tom Conners took the stand.
“Two days after Mrs. Beattie was shot,”
this man testified, “Henry Beattie came to
me and confessed everything. He said he
wished he hadn't done it. He told me that
Louise had married him for his money
and that she didn’t love him and he didn’t
love her. But he said he wouldn’t have
killed her for a million dollars. He asked
me to stick by him. I said I’d have to tell
the’ police the truth if they came to me.”

Another damning bit of evidence was
provided with the appearance of a madame
from Norfolk’s red light district who testi-
fied that Henry Beattie, Jr., and Myra
Schilling had often met at her place.

“The woman wanted Mr. Beattie to get
rid of his wife,” this witness stated. “And
he said he would do it if it took him a
year.”

The jury heard the evidence and then
returned a verdict of guilty of murder in
the first degree.’ Henry Beattie was
sentenced to die in the electric chair on
November 24, 1911.

The young man who, on the surface, had
seemed to have everything anyone could
desire, walked the last mile; but he never
confessed.

MURDER THUMBS A RIDE

(Continued from page 33)

work clothes, sometimes aren’t shaved.
You think, “Boy, there’s a tough cus-
tomer. I won't pick him up.” Statistics
show that you are a hundred times safer
with a “bindle stiff’ in your car, than
picking up a fuzz-faced kid of 16 or 17
years.

Also, the real psychopathic killers who
can knock off motorists at the rate of one
a week, are usually caught and executed
by the time they are 24 years old. So, the
older they are the safer they are except
when travelling with a young woman who
is probably money and clothes hungry.

The only reliable rule is: drive on!
Lock your doors on the inside, whether
you are in your home town or on the
road, so that a gunman can’t open the
door and step in while you are held up by
a red light. If one does, wreck your car
at once.

There is no “safe way” that I know of
to handle a hitch-hiker in your car, short
of putting him in a. strait-jacket, hand-
cufling him to the dash board, or sitting

(RRR ERE OREERERE REIT SRTERRE ITT

behind him with a gun in his back while
he does the driving. .

- If you think he needs a ride badly
enough to justify such means as this, then
by all that’s good and holy you should do
the only practical thing under those cir-
cumstances—buy him a railroad ticket to
his destination and give him money to pay
for food on the way.

That’s the cheapest, safest and best way
for you to “help out” a hitch- hiker on the
road.

The other way you are inviting mur-
der. Your own murder. Why. flirt with such
a gruesome fate when the odds are always
against you and you have absolutely
nothing to gain and your life to lose?

These are the hard—but true—facts
about hitch-hiking as experienced police
officers know them. Don’t “go soft” the
next time you see a weary looking indi-
vidual thumbing rides on ‘the highway. Do
yourself and your community a big favor
—and just keep right on going down that
road.

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65


Mrs. Abigale Williams, left, was murdered by myste-
rious strangers who vanished with her car and cash.

Sheriff Herbert M. Snyder of Uintah county, Utah,
searches for evidence in the patch of brush beside the
highway into which the killers threw their victim.

anything
iv is down
de of the
os like it’s

1 that im-

’ the sher-
_. Hansen,
in the hour
doctor ane

e disturbed
three men
© studied the
he body, the
on’t see any
I guess we
if we get mn
vbe I can do
little rascal.”
yard of the
was a woman
te knew this
pping thrusts
to capture it.

DARING

By CAPT. R. HAVELOCK-BAILIE

He carried the trembling, snarling
little animal to'his car, where he spent
several minutes trying to calm it. Suc-
ceeding somewhat, he locked the dog in
the car and returned to Dr. Hansen and
the body.

The doctor had removed the blanket
from the body of a small woman. Her
head and face had been cruelly battered.
Her black and white coat was blood-
stained as was her flowered dress.

Dr. Hansen shook his head. “‘She’s cer-
tainly been given a going over,” he said.
“T've felt out six fractures in her skull—
any one of which would have been fatal.
Whoever did it, meant business.”

“When did she die?”

“Twelve hours’ ago at least—maybe
more,” the doctor replied.

Sheriff Snyder looked up the embank-
ment where U. S. Highway 40 ran to
Denver and the East one way, on to
California the other. He said, “If she
was thrown from a car—and she must
have been—that car could be a thousand
miles from here by now. It looks like
we've got a tough job here.”

He bent closer to the body and care-
fully went through the coat pockets.
There was nothing. He looked at the

DETECTIVE

dead woman's hands. No rings adorned
them, though it could be seen that she
had worn two. She wore no bracelets, no
pin of any sort—nothing that might be
used as a means of identification. There
was no label inside the coat, nor did the
dress bear one.

“Yes,” Snyder said again, “this is
going to be a tough one.”

“What about the blanket?” the doctor
asked.

“Machine made,” Snyder replied. “I
thought of that right off—on account of
the reservation. But it won’t help.”

“Well, she may be from around here,”
the doctor encouraged.

“Only she’s not,” Snyder said. “Not
unless she’s moved here recently, I know
all the people around here.”

Suddenly he straightened and scram-
bled up the embankment to his car, He
opened the door and again went through
the process of calming the dog. Presently
he accomplished this. He looked at the
license tag on the collar and called down.
“Got something here,” he said. “This
dog's license is for 1942 and was issued
in Alameda county, California. And the

f \ hy ‘a

dog must have belonged — to her.” |

“Then the killer may be in California
by this time,’’ the doctor said.

“Unless he headed the other direction,”
Snyder replied, thinking of the vast ter-
ritory thus represented.

The body was removed to a Vernal
undertaking establishment and the sher-
iff at once got busy.

Identification is always involved in the
finding of a strange body and is some-
times the hardest part of the case. In
this instance Snyder believed that iden-
tification of the body might prove simple
with what the terrier had told through
its license.

The woman had probably been travel-
ing with friends or relatives—likely her
husband. She was from Alameda county,
Calif, The number on the dog tag would
give him her name and address. She had
been traveling on pleasure or business—
:omething the California officers could
readily determine.

She had been killed, identification re-
moved and her body flung from the car
in a wild and forsaken place. Her faith-
ful dog had escaped from the car at the

27


By BRYANT BUTLER

The friendly woman gladly gave two wanderers a “lift,” but the song in

her heart died as, too late, she perceived the treachery

a er

Seae
hhh, A


—

pleasant community just south of Oak-
land, and the local records showed that
a widow answering to the name of Abi-
gale Williams had lived alone in a
trailer for a périod of about one year.
Her constant companions had been two
dogs—one a black and white terrier, and
the other, a dark-furred police dog.
Neighbors in the trailer camp remem-
bered her as.a cheerful person of a
deeply religious nature, fond of singing
old-time revivalist hymns.

“She left for Oregon at the end of
July to visit one of her sisters,” reported
one of her former neighbors, “and from
there she expected to go east to St. Paul
to visit another sister.”

From the San Leandro trailer lot
there was also obtained a description of
the slain woman’s car. It was so unusual
in appearance that the Agents decided to
send out a circular letter to 2,000 service
stations throughout the West in order
to reconstruct the woman’s movements
and, if possible, discover whether she
had had any companions on her journey.
In part, the circular read:

“In connection with the murder of
Mrs. Abigale Agnes Williams of San
Leandro, California, which crime oc-
curred on the Uintah-Ouray Indian
Reservation, Fort Duchense, Utah, on
October 15th, 1942, this office is en-
deavoring to locate the automobile de-

_ scribed below and to cause the detention

for questioning of anyone found in the
possession of the same.

“The auto is described as follows:
1930 Model A Ford Fordor sedan; color,
black; motor no. 2638252; California li-
cense, O7 F 367; wheels black or yellow
with off-colored spare; spare wheel and
tire may be on right front fender or tied
on in front of radiator;. running board
and braces may be removed from either
one or both sides; glass in front window
shattered and pasted together with tape.

“This car was registered to Mrs. Wil-
liams and may be heavily loaded with
personal property of the deceased, which
included a wooden box containing cook-
ing utensils, clothes basket full of clothes,
cardboard box full of groceries, two
blankets, one of which is pink and white
checkered. These articles may be used
for the purchase of gasoline and oil.

“In the event that you have or may
receive any information concerning the
above, please notify at once the Fed-
eral Bureau of Investigation or your
nearest local law enforcement official.”

While the circulars were vellig UlLs-
tributed, other bits of information were
being assembled by the Special Agents.
A few days after the crime a black purse,
containing personal papers and cards be-
longing to the slain woman, was found
twenty feet from the north side of
Highway 40, just outside of Heber, Utah,
along a stretch of rugged country known
as Daniels Canyon. Since the spot was
twenty miles to the west of where the
body had been discovered, it was appar-
ent that whoever was responsible for
the crime was heading in that general
direction.

In the purse, besides a large assort-
ment of religious tracts, was a small
piece of paper which had been torn from
a scratch pad. On it was written “Dex-
ter Street—Dahlia Street,” with a line
drawn through Dexter. On the chance
that this might provide a worthwhile
lead, FBI Agents pored over the direc-
tories of a score of western cities before
they discovered that in Denver, Colorado,
Dexter and Dahlia Streets were adjoin-
ing. A canvass of the neighborhood was
begun, and several housewives were
found who recalled that during the first
week of October, a woman answering

to Mrs. Williams’ description had been.

seen ringing doorbells offering her re-
ligious tracts for sale.

“A sweet-natured, pleasant type of
person,” was the consensus of those who
remembered her visit.

Even the vacant lot where she had
kept her car from October 8th- until
October 11th was located. It was next
to a grocery store where she had made
several small. purchases. “Apparently
she was all alone,” reported the store-
keeper. “She spent most of her time in
the car with her two dogs, and did all
of her washing and sewing there.”

Although she had. apparently been
alone in Denver, the first indication that
she had any companions on her journey
came a few days later, when a filling
station proprietor in Steamboat Springs,
Colorado, received one of the FBI cir-
cular letters. He then remembered that
a Ford car with a tire tied to the radiator,
and a long wooden box tied to the front
bumper, had stopped for gas and oil on
October 11th. we

“Two young men were riding with
her,” he told the Agents. “One was a
short, chunky fellow with a dark com-
plexion. Looked like he needed a shave.
I didn’t pay much attention to the other
one, as he was on the other side.”

The white fox terrier that stood guard over owner's
body. Dog license on collar gave police a ag lead.

Murder weapon (background) was turned in

y rancher

wWilbdhsada AAAS AbAALAV AL VUULAALICY
from Fraser, Colorado, where the
strange-appearing car, the woman with
two dogs, and the two men were re-
ported as having stopped to purchase @
second-hand fan belt. Then in Verna]
itself, in what apparently had been the
last stop before her death, another filling
station owner recalled a car with two
men, -two dogs, and a woman, had
stopped and purchased gasoline the night
of October 12th. ‘

Since the woman was known to be
traveling alone ever since her departure
from California to visit her relatives in
the East, it was apparent to the Agents
that on her return trip she had probably

Wap

_ stopped to pick up some hitchhikers

outside of Denver.

To the experienced men of the FBI,
it was a not unfamiliar pattern of crime
on. the high road, originating with an
act of charity in offering a lift to a

‘distant destination. The woman’s con-


WHATEVER WAS in the ditch alongside U. S.
oe Highway 40 was important to the white dog

with the black patch over his eye. All day

long he had growled and bared his teeth
whenever anyone tried to approach. Forelegs planted stiffly
in the coarse sand, hair bristling on his neck, he defended
the thing that was wrapped in a blue and red blanket.

Shortly before noon on that day of October 13th, a Utah
matron, Nora Evelyn Clark, was walking along the highway.
She had just crossed the Uintah River bridge when she heard
the dog barking and whining. She tried to investigate, but
the dog wouldn’t let her get close enough to the ditch for her
to see what the object was.

Traffic was light and it was fifteen minutes past the noon
hour before a motorist came by. She waved at the car, and
Ivan Oaks, a farmer, stopped to find out what the trouble
was. He saw enough to cause him to turn around and head
back toward the county seat at Vernal. Here, at 1:20, he
entered the office of Uintah County Sheriff Herbert M. Snyder.

“There’s a dead man on the north side of the road just past
the Uintah bridge,” he told the sheriff. “At least I think it’s a
man. The dog wouldn’t let me get close enough to tell for
sure.”

The sheriff made a few notes, then called County Attorney
R. A. Hackett and County Physician J. L. Hansen. A short
while later, the caravan of official cars sped across the endless
sweeping plateau of the Uintah basin. They found the body
precisely ten feet to the north of Highway 40 and one hundred
and fifty yards west of the bridge. .

When the sheriff coaxed the dog away, Dr. Hansen was able

to work unmolested. He found the body was lying on its’

left side, with head tilted‘ down, toward the bottom of the
ditch. From‘the marks on the gravel and the crushed weeds,
it appeared to have been pushed out of a slowly moving car.
The doctor removed the Indian blanket, which was wrapped
tightly about the head and shoulders, and saw that the victim
was a woman. There were eight holes in the blanket, and a
similar number of holes were in corresponding positions on
the black felt beret which had been pulled down over her eyes.

“Skull is completely broken by some sort of blunt instru-
ment,” said the doctor as his finger probed the extent of the
head injuries. “Any one of these blows would have been
fatal.”

Since the body was cold and rigor mortis well advanced, the
doctor placed the time of death at twelve to fifteen hours, or
some time near the previous midnight, October 12th. _

Highway 40 was a well-travelled east-west thoroughfare
' running along the northern fringe of Utah, and the sheriff’s
first concern was to seek a clue to the victim’s identity. An
inventory of her garments revealed that she was wearing a
red and white flower-patterned dress, black pin-striped coat,
black sandals, gun metal hose, a pink slip, and undergarments.
There were no labels or identifying marks, nor did she wear
any distinctive jewelry which might serve as a clue.

The stolid faced Utes from the main section of Uintah-

Ouray Indian Reservation to the north offered no information.
There were no buildings near by, and no witnesses could be
found who had seen the woman thrown from any car.

Only the black and white dog knew what had happened.

Quivering and shaking, it looked as though it had been un-
nerved by the experience.

Sheriff Snyder tried to console it, and in patting its head,
he noticed that the collar around its neck bore a metal plate.
When he looked closer he saw “Alameda Co. Cal. 30. Dog
Tax 1942.”

“Even if you can’t talk,” said the sheriff, “you may still tell
us what we want to know.”

Later the undertaker came from Vernal and removed the
body to a funeral home, where a more complete examination
established the fact that there was no sign of a criminal attack.

Back at his office Sheriff Snyder, in checking the spot where
the body had been found against the official map of the county,
discovered that the area east and west of the bridge lay within
the confines of a narrow half-mile tongue of land which fol-
lowed the course of the Uintah River and which was a part of
the Indian Reservation. Accordingly, he immediately notified
the Salt Lake City office of the FBI, which normally had juris-
diction over crimes on government lands.

Before the day was out Special Agents were conferring
with the sheriff and county physician. They paid a visit to
the crime scene and set about to track down the meager leads
that had presented themselves. Since they had at their dis-
posal the facilities of nation-wide teletype system, they sent
a message to the San Francisco, California, field office request-
ing an immediate check on the dog license records of Alameda
County. :

As .it happened, the county offices had closed for the day,
and it was not until the following morning that the ownership
of license number 30 could be traced. A clerk then reported

that the tag in question had been issued to a Mrs. Abigale -

Williams of San Leandro, California, for a white fox terrier,
on January 22nd, 1942.

San Leandro was the next stop for the Agents. It was a-

Sitting .in the back of the car,
he started singing songs with
her, and at the same time, he
grasped the hammer on the floor


LaMIICU 4»

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Celts 24UL thie WelsalLe UL Lier UORS, aS
illustrated by reports of her visiting
cafeterias and restaurants to obtain
meat and bones, bespoke her kindly
nature. Her stock of religious tracts,
and her habit of singing hymns testified
to her belief in the fundamental good-
ness of her fellow man. What would be
more natural for such a person than
to help two young men on their journey
westward? And what more unnatural
and inhuman than for them to betray
her trust and forsake her battered corpse
by a lonely wayside, with only her
faithful terrier for a guardian?

Such a crime bespoke an almost fiend-
ish degree of cruelty, and all who were
acquainted with the case were resolved*
to spare no effort to locate the elusive
perpetrators.

Yet, aside from the information con-
cerning the woman’s journeys up to the
time of her death, there were few clues.
No trace of ‘her car had been uncovered

(At

right) Mrs. Williams’
wei-diseumeed automobile

since nal ume, and as the weeks passed
there was little known concerning the

two passengers, save the fragmentary.

descriptions offered by the filling station
proprietors.

Then came the first break. On the
evening of November 9th, 1942, Wash-
ington State Patrolman Richard Crooks
clocked a truck doing fifty-five miles an
hour along a stretch of highway leading
to Olympia, Washington. Swinging
aboard his motorcycle, he set out in
pursuit. He cut loose with his siren,
opened the throttle wide, and bore down
on the truck. Gloved hand outstretched
he waved the driver to the side of the
road. ,

“Take it easy. You were pushing

sixty,” he said as the truck stopped.

The man at the wheel said nothing.
His pale blue eyes, contrasting oddly

with his black hair and dark complexion,

avoided the officer’s gaze. To the latter’s
questions concerning the ownership and

destination of the truck, he gave mum-
bled answers. Finally, Crooks decided
to bring him into the Olympia jail, and
to hold him on the speeding charge,
while he checked the recent alarms for
stolen cars.

In giving his pedigree to the desk
sergeant, the truck driver said he was
James Joseph Roedl, twenty-five years
old, of Oklahoma City. In the next room
Crooks ran his finger down a’ long list of
stolen car alarms. Three-fourths down
the sheet, he found what he was looking
for. He went back to report his find
to the desk sergeant.

“Just as I suspected,” he said: “Change
the speeding charge to theft. That truck
was stolen from Tracytown late this
afternoon.”

Instead of posting a ten dollar col-
lateral for speeding and walking out the
front door into the night, Roedl was
placed in the lockup:to be held for the
disposition of (Continued on page 101)


a, a

hbout 150 death penalty opponents
‘beld'a peaceful vigil to protest the
execution of Pierre Dale Selby.

People held candles and conversed

in small groups about Selby’s im-
pending death in the prison execution
thamber across Interstate 15. They
listened to speeches criticizing capi-
tal punishment as barbaric and in-
‘ponsistent with the nation’s prin-
‘ciples.
- They did so knowing they were a
‘tiny majority in a state in which nine
‘out of 10 people reportedly supported
Selby’s execution.

~ Afew yards away, a smaller group
-advocating Selby's execution filled
_ balloons. They counted down the final
‘seconds before the 1 a.m. execution,
‘ released the balloons, and praised the
event as “long overdue.”

. Police had gathered in force on the

‘hillside, both in SWAT team uniforms

and aindercover, to prevent alterca-

f See A-4, Column 4
ore

$

‘

i By Joan O’Brien
! Tribune Staff Writer
gal appeals that had delayed tri-
ple-killer Pierre Dale Selby’s execu-
tion for nearly 13 years continued un-
til about four hours before he died by
lethal injection Friday.
A flurry of last-minute appeals
ended Thursday at 9:10 p.m. (MST),

_when the U.S. Supreme Court for the

fourth time refused to hear Selby's

case. Earlier in the day, two federal -

courts had also rejected Selby’s last
pleas for reconsideration of his case.
. His defense attorneys made no ef-
fort Thursday to launch a final round
of appeals in the state court system.

Iby ran out of appeals when the
Supreme Court voted 6-2 against
hearing Selby’s case. Justices Wil-
liam J. Brennan Jr. and Thurgood
Marshall dissented, according to
court spokeswoman Toni House.

* The 10th Circuit Court of Appeals

Parlior Th. - tb CATE Digtete

—Tribune Staff Photo by Tim Kelly

With views on the death penalty as con- | somber vigil outside Utah State Prison,

elby Took Appeals
To His Final Hours

Judge David Sam’s ruling that the Hi-
Fi killer’s due-process rights were
not violated in the Utah Board of Par-
dons commutation hearing and that a
stay of execution was not warranted.

Following an hourlong hearing in
Salt Lake City Thursday afternoon,
the appeals panel found that “under
existing Supreme Court authority
{there are] no substantial grounds
upon which relief might be granted.”

~ A team of defense attorneys for the

‘triple killer immediately filed a mo-

tion for a rehearing by the panel,
comprised of resident Utah Judges
Monroe McKay and Stephen Ander-
son, and Judge Robert H. McWil-
liams. They also requested a hearing
in Denver by all seven available ac-
tive appeals court judges.

But the appeals court rejected
Selby’s application for reconsider-
ation at 7:30 p.m.

Meanwhile with no stay of execu-
4-4. Column 4

where Pierre Dale Selby was executed.

a “Se at nee 3 +: ae
—Tribune Staff Photo by Tim Kelly

Grady and Liz Walker, along with other opponents of the

death penalty, keep the flame burning late into the night.

> executed: Na
WY EAGCL

penalty was

DeTHH

death

By The Associated Press

Three convicted killers went quiet-
ly to their deaths Friday while a
fourth got a last-minute stay on the
busiest day for the death penalty
Since the Supreme Court allowed

States to resume executions in 1976. *

‘Wayne Eugene Ritter, 33, con-
victed in the murder of a
pawnbroker, died in Alabama’s elec-
tric chair.

Pierre Dale Selby, 34, convicted in
the “Hi-Fi” torture-murders of three
people and the maiming of two
others, was executed by lethal injec-
tion in Utah.

Beauford White, 41, who stood
guard while six people were shot to
death in a robbery at a suburban
Miami home, was electrocuted at
Florida State Prison near Starke.

That brought to 90 the number of

‘executions since the Supreme Court
‘permitted states to reinstitute the

death penalty in 1976.

It was the nation’s first multiple-
execution day since July 8, when
death penalties were carried out in
Texas and Mississippi.

The last time three people were ex-
ecuted the same day in the United
States was Aug. 8, 1962, when three
people died in California’s gas
chamber, said Watt Espy, a resear-

Prorrinnl

cher from Headland, Ala., who keeps
records on capital punishment.

Serial killer Gerald Eugene Stano,
35, who has claimed responsibility
for killing 41 women, had been
scheduled for execution in Florida at
1 p.m. Friday, but received an in-
definite stay from a circuit court
panel.

Carolyn Snurkowski, director of
criminal appeals for Florida, said the
State intended to ask the Supreme
Court to dissolve the stay. Stano’s
death warrant doesn’t expire until
noon Tuesday.

Supreme Court Justice Antonin
Scalia, without commnent, Friday
rejected the state’s request to
dissolve the stay.

At Point of the Mountain, Utah,
about 150 death penalty opponents
held lighted candles in silent protest
as Selby was executed. Nearby, 50
supporters of capital punishment
sang mock dirges.

In Florida, only eight opponents
and one death penalty supporter
turned out. In Alabama, there was a
vigil near the governor’s mansion but
no demonstration near the prison.

Ritter went to the yellow electric
chair in Alabama with a smile and
thumbs up, joking with guards to the
last but having no final words.

The pace of executions worried

ne aa aan aeeereeare

tion’s first since the
AL. ZIP f= J iy 2

reinstate

Robyn Cassidy, director of the
Florida Clearinghouse on Criminal
Justice, an anti-death penalty group.

“I don’t feel the courts will give the
cases the attention they need,” she
Said.

Wendy Nelson, president of the
League of Victims and Empathizers
in Florida, said she believed the
death penalty was the best punish-
ment for the worst kinds of crimes
when it was applied with regularity
and dependability.

‘There can be no hope of deter-
rence with the kind of time delays we
have now,” said Ms. Nelson. The
man who killed her 10-year-old
daughter is on death row in Florida.

The murder for which Ritter was
condemned came at the end of a
seven-state crime spree in 1977. The
fatal shot was fired by his compa-
nion, John Louis Evans III, who was
executed in Alabama in 1983. -

Ritter had threatened jurors dur-

ing his trial and demanded the death
penalty. Later, he voiced remorse
and filed appeals but his final court
pleadings were rejected Thursday.
Gov. Guy Hunt declined to commute
the sentence.

Selby, condemned to die for the tor-
ture murders of three people during a
1974 robbery at the Ogden Hi-Fi Shop,
spent Thursday fasting, praying,

in 1976

singing hymns and reading the Bible,
Utah State Prison spokesman Juan
Benavidez said.

Selby had acknowledged forcing
his victims to drink Drano before he
shot them. One victim was raped and
another had a ball-point pen kicked
into his ear.

Warden Gerald Cook said the in-
mate asked that his remaining $29 be
given to William Andrews, his ac-
complice in the murders. Asked if he
had anything further to say, Selby
told Cook, ‘‘Thank you, I’m just going
to say my prayers.”’

Shortly before 1 a.m., he was strap-
ped to a gurney in the death chamber
and then injected with three drugs to
put him to sleep, paralyze his lungs
and stop his heart.

The execution was Utah’s firs
since Gary Gilmore faced a firing

_ Squad in January 1977, ending a

10-year ‘national moratorium on the
death penalty.

Like Ritter, White was not accused
of actually shooting anyone. He had
stood guard while Marvin Francois,
who was executed in 1985, and John
Ferguson killed six people. Ferguson
is on Florida’s Death Row.

Asked if he had any last words,
White shook his head and said, faint-:
ly, ‘‘No, sir.”

¢
F |
|

|

} .

| Ta eae ee eT ee
SOE Se ere en oe Le nee Le eae ee ee

{

~ Vigil Expresses
_ Pros, Cons
Of Execution

Continued From A-1

tions between the opposing groups.
No problems materialized, although
there were a few verbal exchanges.

The first protester to arrive was
Billie Estlin, Salt Lake City. She is a
nurse and has seen people die. She
didn’t condone Selby’s crime, but also
didn’t think his execution was justifi-
able.

“T’ve seen people die when they’ve
gotten sick. To see this planned exe-
cution makes me sick. Death is so fi-
nal,” she said. “I know he [Selby]
won’t know, but my being here is kind
of like sitting next to a death bed ina
sense, holding a hand.”

Vernon Heap of American Fork
didn’t agree.

“There’s some justice being done
tonight and it’s long overdue,” he
said. “We're here to represent the
majority of Utahns. We believe in the
law of the land. I hate to see Selby die,
but he was condemned by 12 of his
peers.”

Mr. Heap later told questioners
challenging his support of Selby’s ex-
ecution: “Thank God you live here be-
cause you wouldn’t be around if you
tried this south of the border.”

The death penalty does not deter
murder and violent crime, anti-capi-
tal punishment speakers said.

Mike Spurgin of Amnesty Interna-
tional said states with the death pen-
alty have higher murder rates than
those that don’t, just as the U.S. homi-
cide rate exceeds that of its allies, all
but one of whom have abolished the
death penalty.

“The state is set up to protect life,
not take it,” he said.

Father Jim Sunderland, a Catholic
priest, came to the vigil from Denver.

SM iy
wigs
‘

—Tribune Statt Photo by Jeft Ailred™.

While Pierre Dale Selby’s life flickered, the flame of Amnes- %
ty International’s giant candle burned brightly outside prison= *

it v

‘


' Q
is t4 @
:

: Libuie Stat sie by ts Keli
somber vigil outside Utah State Prison,
where Pierre Dale Selby was executed.

With views on the death penalty as con-
trasting as night and day, activists stand a

j
|
|
|

out a

Fight

Injection Ends
13-Year Saga

By Carol Sisco
And Stephen Hunt
Tribune Staff Writers .

DRAPER — Pierre Dale Selby

calmly submitted to death at 1:12 ©

a.m. Friday, the first person to be ex-
ecuted in Utah since Gary Gilmore
was shot 10 years ago.

“TI believe justice has been served. "7

hope and pray this will allow all those
involved to put this tragedy behind
them,” said Gov. Norm Bangerter in
a statement issued immediately after
the execution.

Prison officials say Selby left his
cell at 12:37 a.m. and walked to the
execution chamber “with full control
and dignity.” He was strapped to the
gurney and injected with drugs at 1:02
a.m. Ten minutes later he was pro-
nounced dead.

“It’s a very dignified method of ex-
ecution, very quiet, serene,” said As-
sistant Attorney General Earl Dor-
ius, one of the witnesses. -

“He seems to be very calm, very
et ... and is meditating as he

- walks,” said Juan Benavidez, spokes- .

man for the Department of Correc-
tions, shortly before the execution.

As the sun set Thursday evening
and time of his death drew near,
Selby, 34, took a shower, cleaned up
his cell, and leafed through the Bible
and religious lessons. Guards several
times noticed him sitting quietly with
his back against the wall, breathing
deeply, according to the “death watch
log summary” released by the De-

Pierre Dale Selby _
Accepts Death Calmly

then shot each in the head and left
them for dead. Two survived.

Selby and Andrews were convicted
of first-degree murder and sentenced
to death. It took 13 years of appeals
and legal maneuvering to carry out
Selby’s sentence.

During an Aug. 13 commutation
hearing before the Board of Pardons,
Selby made a final plea for his life,

a) PONE TR Net ee we ee 1

(eile bende oe —

}

‘| SALT LAKE CITY (AP) + A
federal. appeals court Saturday
- stayed the execution of William
. Andrews just three days before
he was to die by lethal injection
. for three 1974 torture-killings

dubbed the “hi-fi murders.”’|

; A three-judge panel of the 10th

U.S. Circuit Court of Appeals
issued the stay for Andrews; the
- nation’s longest-standing death

inmate, after failed appeals in
. federal and state courts and the
.- state Board of Pardons’ réjec-
‘tion of his plea for clemency, on
r-Friday. i

- Defense attorney Robert

Anderson said Andrews jhad
‘been informed shortly afte ws

Judges stay

order was issued at about 10
a.m..

“He was very grateful and
was very relieved. He still con-
siders this matter very
solemnly,’’ Anderson said.

The three-judge panel, which
had convened here for a hearing
later Saturday, issued the stay
based on Andrews’ latest writ of
habeas corpus despite a federal
magistrate’s Thursday recom-
mendation that procedural rules
barred the U.S. District Court
from hearing it.

‘The document did not include
a reason for the stay, but said a
more detailed order would fol-
low later. The order was signed

killer’s execution

by Judge Monroe McKay on_
behalf of fellow judges Stephen |
Anderson and Bobby Baldock.
Special state prosecutor
Robert Wallacé, who had gone to
the federal courthouse to get the
order, declined to discuss it |
except to say, ‘‘I have some -
thoughts, but I really don’t want |
to make a comment.”
Andrews, 34, of Jonesboro,
La., has been'on death row for
nearly 15 years for the slayings
of two women and a man during
a robbery of the Hi-Fi Shop in
Ogden. Five
to drink liquid drain cleaner and
were then shot; two of them sur-

‘vived. i |

ople were forced , .

| 2 le

—

| vad i
Janta oF
i

. |

| fo

Death stayed

ASSOCIATED PRESS. | |:
SALTLAKECITY:, «fj

A three-judge panel.of the 10t her
U.S. Circuit Court of Appeals ise | =
sued the stay for Andrews, ithe na- oS en oO

A federal appeals court satur- a
day stayed the execution/of Wil- ‘fr ee

liam Andrews just three days be- | ue

fore he was to die by|lethal | (w :

injection for three 1974 torture- | is ;
killings dubbed the “hi-fi'mur- || —
ders" 5 fj me hig fed
5 \es
x

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‘hi-f? murderer _

a. =
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{i

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SEI LB a hae ce te ee oe :
z Pe see pe RLE tet ie a nee Se ene SST ee
= SE AR RS ES Se
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:

245 Lytton Avenue Palo Alto California 94301

F
i

tion’s longest-standing death in-  _9- ‘
mate, after Bree esas ih aoe i) Hy ae
federal and state courts dnd the | F = ey Sue
state Board of Pardons’ réjection |
of his plea for clemency Friday. i
Defense attorney Robert;Ander- | i 1
son said Andrews had been in- oy
formed shortly after the order was | > wf] fh “+
_ issued at about 10 a.m. 21g It
“He was very grateful and was a] i 8
very relieved,” Anderson said. , © | 2
_ “He still considers this matter | i|/fo oo
very solemnly.” wu | eS
The three-judge panel,} which = fe = S
_ had convened here for a hearing as a gS
later Saturday, issued the stay ate =
based on Andrews’ latest writ of Ole Fz
habeas corpus despite a federal s a ie
magistrate’s Thursday recommen- in i a
dation that procedural rules . { & b e
barred the U.S. DistrictiCourt 3 + B

from hearing it.

The document did not include a
reason for the stay, but said a
more detailed order would follow

later.

——

ce I

b

; Pierre, bl, leth. inj. Utah August

Stanley O Walker had

' isplay his ability. ‘A d

ager while his regular’ bo: }

as a. handsome 0

0 Hi] ae

During one night of
unimaginable horror,
two armed robbers
held an orgy of
Sadistic torture
before using their
hostages as targets

by PRIEST COLLINS

ren W. Iker said.

INSIDE DETECTIVE MAGAZINE, AU

“~TT

WU

wonder, wl ‘t's. ecping tan?” Or.

T,

1974



| was the young’

|
|
!

1 Mayor Edw d Koch a Gov.

i into a lather by,

ji

|
{ ‘a ;
r. } |

WILLIAM P, CHESHIRE |
Editor of the Editorial Pages

JOHN F. OPPEDAHL

LUCENE G, PULLIAM
1889-1975. L f

Publisher, 1946-1975 |

EUGENE S. Pu LIAM

President | { Managing Editor

Friday, ae 1, ee a eet - ALTRI
1 ‘| |
og

ae + |

"TEE ARIZONA REPUBLIC ae

| | ; Founded i in 1890 Published since 1946 by: | ,|

fi Poon Newsagent, Inc., 120 E. Van Buren, shih Ariz. sthipaest

WM.R., Hd GAN
| , Vice President /General Manager —

CONRAD KLOH |
Director of Sdles and Marketinig
|

1 i re Affairs , |

Where The Spirit Of The Lord Is, There Is Liberty — ] Corinthians 3: 47

i
1 Mi i
|

ci ea ne

{ ‘ en a om

——

|
r
|
4 1} |
|
4 ' |

Ts |

THE LAST REFUGE | )

Raci m on the match at

N both U ah and New York, ‘racial

hatreds are} flaring, and the inevitable
| ‘opportunists are Bniffing out! whatever advan-
_ tages the situations seem to of fer.

Demagogues : are especially conspicious in
New York, posgibly because their identities
became so well chtablished during the Tawana
Brawley affair. Ms. Brawley, it will be recalled,
lack woman who kept New
Yorkers on edg for, months with her story,
subsequently disproven, of | an abduction and
attack by white lmen: The Rev. Al Sharpton,
whose strenuous proddings' kept the Brawley
case alive, now; has adopted the cause of Yusuf
K. Hawkins, 4 oung black, man of promise
ambushed last w@ck by a gtoup of white punks.

At the funeraf of Mr. Hawkins Wednesday,
Mr. Sharpton st ped within inches of ur ging a
-racial jihad. “Iidbn'’t know Who shot Yusuf, but
| the system oad the gu »” jhe cried. “J want
‘ you to know, Y suf, we're not going to let you
_ down! They’ re 8 ing to pay this time!”

Mario
- Cuomo were alldwed into the church only after

an | being detained for an hour, by the “security
| - forces”

of Lou
| black- extremist

Farrakhan, leader of the
ation of Islatn and a notori-
| ous anti-Semite.] Once inside, they were booed
, and taunted by|people who had becn worked
ir. Sharpton.

Me nwhile in far-off Utah, racism is being
4 ae i ; nea
i } |

NAIC DIICINE e¢ IN CHINA

EDITORS |

blamed for the death Achicnce of ‘William,
Andrews, convicted in al hiultiple murder in
Ogden. Mr. Andrews aid an accomplice,
subsequently executed by Icthal injection,
poured Drano down the thy vats of four victims
and taped their mouths shut. The men: thought
this would be fatal, but Wl en they saw that it

only caused excruciating | phin, Mr. Williams’s
accomplice shot and killed three of the four.
Those seeking clemen¢y| for Mr. Williams,

who is black, argue that i hal injection was a
fit punishment for the trig ger man only.. The

‘death sentence for Mr. Williams they impute to i

largely Mormon Utah.

Racism does in fact exist in Utah —- and Ae

New York and every ol!

should do our utmost * ic mbat it. But racis
is scarcely alleviated y} awarding ‘tortur'

racial prejudice — wideés in they: say, in
1

murderers victim mea or, is it sent
when New York gated sho have made three’

arrests so far and are roceeding diligently ,
toward prosecution, blamed _ for, the
senseless death of a seid black man. at th |

hands of a mob. | | i |

|
While all men are brothers, not all men know

it, and this is true of blacks S as well as whites,
We are brought no closér|to understanding by,
Al Sharpton, to whom rdclsm is the last refuge,,
than by those white creting who turned out this!
week to heckle Mr. Hawkins’s, mourners in;
New York. 4 bog rp

|| BILLSHOVER | | i

r state — and we | ft.

mee em

Oe FE Ne a er

© eater apes aise

wea
9)

i , =


Drano Victims

(from page 34)

through the head as he slept. Pierre was

_. found with the dead man’s car keys in his

- posséssion, but there was no other evi-
dence linking him to the crime.

- As police. went through the garbage

‘dumpster, picking over possible evi-
dence with needle-nosed pliers, they

could see through the window of the bar-
racks where Pierre lived. They could see
two men watching them. ‘‘From that

- point on, they were our prime suspects,”’

White said. ‘‘We could see movement in

the room. We knew they were lina

"99

us.
- Ogden police iad Pierre’s photograph

on file. Military police provided photo-
graphs of Andrews. The photos were
rushed to the hospital where Orren Walk-

er then identified Andrews and Pierre as
the two Hi-Fi killers. ;
Investigators, meanwhile, had gone
into the barracks to: question the two
men. Both were taken into custody as
police searched the room (authority to
conduct the search was granted by the
base commander in accordance with mil-

itary law). Inside Pierre’s room, Bar-

racks 351, Detective White found rubber

gloves: turned inside out. Police also
found cellophane wrappers from record

albums. The wrappers bore the name of

the Hi-Fi Shop. Circumstantial evi-
"dence, yes. Enough to take to court, cer-

tainly not.
Just as the detectives were ready to
leave, one officer reached down and lift-

ed up the corner of the carpet. Under-
neath the carpet in the center of the floor
he found a lease agreement for the rental
of a storage shed in downtown Ogden.
The; lessee was Dale S. Pierre. In the
garbage can, officers found a piece of
lined note paper with the address of the
storage shed. Officers then searched
Pierre himself, removing a set of keys
from his pocket. One of the keys was toa
military padlock on the storage shed at
the designated address. Officers put
guards on the storage shed until they
could get a search warrant. The next
morning, with a warrant in hand, sleuths
entered the shed and discovered the stol-
en stereo equipment stacked high inside.
Also in the shed were a unique metal and
wood sculpture and a placemat from Pe-
ru. Both items belonged to the Hi-Fi
Shop owner and were easily identifiable.
Two blankets and a bedspread found in
the storage shed were identified as hav-
ing come from Hill Air Force Base. They
were identical to bedding found in the
barracks of Pierre and Andrews.
Officers also found a container of liq-

uid Drano—a substance later identified

as the chemical the victims had been
forced to drink. Detective White thought
the idea of forcing victims to drink drain
cleaner was familiar. It dawned on him
he had seen such a scene in the current
movie Magnum Force, a *‘Dirty Harry’”’

film with Clint Eastwood. Perhaps Pi-

erre, identified by Walker as the short, —

“We are unable to complete your call as dialed...
Please consult your directory...”

64 Inside Detective

muscular man, and Andrews, identified
as the taller gunman, had gotten the idea
from the movie. While on the base ques-
tioning the suspects, White had remem-
bered seeing an outdated flyer advertis-
ing the movie at the base theater.

_ About three weeks before, the movie |
theater on the Air Force base had been |

showing Magnum Force. Detectives
tracked down the employee who worked
at the ticket counter and he identified

‘Dale Pierre as a man who had purchased

a ticket for an April 2nd showing of the

‘movie. In fact, Pierre had seen the movie
three times that day, bringing different
people, including Andrews, with him on |

each occasion, the employee recalled.
He also identified Pierre and Andrews as
having been to the theater together on a
later occasion to view the same movie.
The movie depicts a murder in which a
prostitute is forced to drink a drain clean-
Ofie. ae
As the evidence pointed more and
more conclusively at Pierre and An-
drews, officers began scrambling to
tighten the noose of evidence. Officers

located a man on the Air Force base who:

told them that Andrews had bragged that

_ he was going to rob a stereo store and that

if anyone got in his way he would kill
them. Andrews was serious, the man

- Said.

As probers continued their canvass of -

‘the area around the Hi-Fi Shop, they |

became convinced a third man was in- —
volved in the robbery. Several witnesses _
reported seeing a third black man driving |

a blue van. He had dropped off two other

men—identified as Pierre and. An- |
drews—a few blocks away from the Hi- |

Fi Shop. One witness thought it was unu- |

~ sual because the van drove past the store,

then let out the two men, who then back-
tracked a couple of blocks to the store.

Officers questioned associates of Pi- ©

erre and Andrews and learned that both
suspects hung around with a third airman

named Sam Boyer. The owner of a store |
next to the Hi-Fi Shop identified Boyer |
as the man who had been pacing back |

and forth in front of the store. Boyer’s
fingerprints were found in Andrews’

blue van, a van identified by other wit- |

nesses as having been parked behind the
Hi-Fi Shop. Liquid Drano was found on

the floormats of the van and on the floor- |
mats of Boyer’s personal vehicle. (Po- |
lice would never find the yellow van |
used in the robbery.) Boyer was arrested |
abqut two weeks after Pierre and An- |

drews had been indicted for the killings.

Police by this time had a good case.

going against Pierre, Andrews and

Boyer. Witnesses could place thé sus- |

i
|
|

Dale Pierre tells Board of Pardons that executing him won’t bring back the vic-
tims. But board wanted to see justice served and rejected his clemency appeal.

the store. Officers discovered that none
of the five should even have been there.

_ Stanley Walker was closing for the own-
er, who was out of town. Michelle An-
sley had come into the store a few min-
utes before closing and offered to close
up for the other girl who wanted to get
home early for a date. The teenage boy
had parked his car behind the store while
he went to a nearby business to pick up
some photographs. He was cutting
through the store on his way back to his
car when-he walked into the middle of
the robbery.

- Both Carol Naisbitt and Orren Walker
had stumbled into the robbery looking
for family members who were overdue.
Officers confirmed through family mem-
bers that Carol Naisbitt and Orren Walk-
er had arrived on the crime scene almost

34 Inside Detective

two hours after normal closing time.
Officers began a canvass of the neigh-

borhood, but it was way after 10 p.m. and |

few people were out and even fewer had
seen anything unusual. One 14-year-old
girl told police she had seen Carol Nais-
bitt arrive about 8 p.m. and enter the
rear of the store. Also, a 16-year-old girl
told police she was a childhood friend of
the teenage boy and had run into him at a
nearby camera store. She had walked
with him to the front of the Hi-Fi Shop but
decided not to go in with him. She had to
be home by 6 p.m. and it was just a few
minutes before. She waved and told him
to come visit her sometime.

The witnesses helped to establish the
time frame in which the crimes oc-
curred—6 p.m. to 10 p.m.—but did little
to shed light on the identify of the perpe-

trators. Detectives worked around the
clock, tracking down leads and chasing
down blind alleys. They worked the
crime scene in excruciating detail, look-
ing for anything that might link the kill-
ers to the heinous crime.

Sleuths came up with some valuable
information early the following morn-
ing, April 23rd. Upon canvassing the
neighboring stores, one clerk told police
she had noticed a suspicious-looking
black man pacing back and forth in front
of her store about 6 p.m. He continued to
pace for a long-time.

About 10 a.m., the Hi-Fi Shop owner
returned from his business trip. He was
able to give police a detailed description
of the missing merchandise and the serial
numbers. He also noted that several per-
sonal items had been removed from the
store, items he could easily identify.

The investigation was. proceeding
slowly until about 5 p.m., April 23rd.
Detectives got a call from a security offi-
cer at nearby Hill Air Force Base. A
couple of youngsters—dependents at the
Air Force base—were rummaging
through a garbage dumpster when they
found wallets, credit cards and purses.
The names listed on the identifications
were those of two of the homicide vic-
tims.

Detectives responded to the Air Force
base with renewed enthusiasm. The fact
that the identifications were on the base
indicated that the perpetrators were prob-
ably military men or civilians holding the
proper gate passes to get in. Military
police pledged their full cooperation. If

‘the killers were military men, the Air

Force wanted them caught.

When Ogden detectives supplied Air
Force authorities with descriptions of the
two men, the Air Force came up with the
names of the two possible suspects: Dale
S. Pierre, a 21-year-old helicopter me-
chanic originally from the West Indies,
and William Andrews, a 19-year-old
mechanic from Dallas, Texas. Pierre had
applied for an early discharge and had
been a troublemaker on the base,
sleuths were told.

As investigators began sifting through
the garbage dumpster for more evidence,
an airman came out of the neighboring
barracks and told police there were two
men inside the barracks who were ex-
tremely nervous. The airman identified
the two men as Pierre and Andrews.

Detective White immediately recog-
nized Pierre’s name. He was a suspect in
a homicide at Hill Air Force Base that
had occurred about seven months before.
Someone had stabbed a staff sergeant

(Continued on page 64)

can aa ne

pects at the crime scene at the right time.
All were suspects in other criminal ven-
tures and at least one was a suspect in
another heinous crime.

But there were too many loose ends,
not the least of which was the blue van.
Could Orren’ Walker and others have
been mistaken about its yellow color?
Could there have been two vans, one
blue and the other yellow?

_ Detectives confirmed: that Andrews
indeed owned a blue van, and they were
able to put that van at the crime scene.
Detectives continued to canvass the area
around the Hi-Fi Shop, and eventually
hit pay dirt. A witness told officers she
had seen a blue van with mag wheels

parked behind the store from about 6:

p.m. to 6:45 p.m. She identified An-
drews’ vehicle from a photo lineup as
that van.

That still left a nagging question con-_

cerning the yellow van. Orren Walker
arrived about 7:45 p.m. and found a yel-
low van, not a blue van. He was certain
of it. Sleuths launched an all-oyt search
for the yellow or cream-colored van, but
never found it. It remains missing to this
day. :
Detectives also began showing photo-
graphs of suspects to owners and patrons
of other stereo shops in the Ogden area’
The owner of one wholesale stereo shop

told police that Pierre and Andrews and |

four other persons had entered his store

-three days before the killings and had
indicated they wanted to open a stereo
store in Ogden. They wanted to look at
his finest equipment. The owner was so
nervous he notified police as soon as the
men left.

" Other store owners.also told police the
men had been in their shops in the days
preceding the killings. Two patrons of

_ the Hi-Fi Shop told police-that Pierre and
_ Andrews had been to the Hi-Fi Shop on
' April 20th—two days before the kill-
ings. They had asked.a lot-of questions
about which equipment wus the best.
Pierre had repeatedly gone over and
looked down the basement.

_Probers still needed a murder weapon
to link the two men to the crime. They
got their break when a citizen came for-
ward and told them that a friend had
asked her to keep a .25-caliber pistol for
him. The friend was also acquainted with
Dale Pierre. The pistol was shipped to
FBI laboratories in Washington, D.C.,
for ballistics tests. A slug taken from the
‘head of Carol Naisbitt was matched to a
slug fired from the weapon. ‘‘It could
have been fired by no other pistol in the
world,’’ said Special.Agent Robert W.
Siebert.

Officers got another break when they
tracked down a report of a stolen cassette
‘deck, only to discover that the deck had
been taken in the Hi-Fi Shop robbery.
Sam Boyer had given the cassette deck to
a friend at the local university, who in
turn had given it to another friend. Inside
the cassette deck, officers discovered
Orren Walker’s wristwatch.

Officers had an excellent case against
Andrews and Pierre. Both had been in-

‘volved directly in the killings and had
been identified by Orren Walker. But the
evidence was not nearly so incriminating
for Sam Boyer. Neither Orren Walker
nor any other witness could place Boyer
inside the Hi-Fi Shop, and his participa-
tion in the crime appeared restricted to

being a lookout man. Except for one -

thing: Traces of drain cleaner were found
on the floor of Boyer’s car.
Detectives began to pressure Boyer

. about his involvement in the crime. He

maintained that he didn’t know Pierre
and Andrews were going to rob the Hi-Fi
Shop and that he simply waited in the
van. After about 30 minutes, he got tired

of waiting, hid the keys in the van where .

his cohorts could find them and returned
to the base. Alibi witnesses placed him at
thé base about 7 p.m.—approximately
arf hour before the killings began. Police
could not prove otherwise.

Officers tracked down a .25-caliber

" pistol owned by Boyer. Boyer had given
the gun to a friend for safekeeping. A .

ballistics test on that gun revealed it had
not been used in any of the murders.
Though the evidence against Boyer was
weak, he also was charged with three
counts of capital murder and two ‘counts
of aggravated robbery.

But the detectives didn’t stop their in-
vestigation with the filing of murder

charges. ‘‘I was interviewing people for’

two or three weeks after they were arrest-
ed,’’ recalled Detective White. ‘‘There
were hundreds of loose ends that needed
to be taken care of.’’

All of the evidence against the three

men was gathered by detective work. .

‘‘None of them but none of them opened
their mouths or gave any kind of state-
ment,’’ added White. ‘Everything that
was developed was developed from evi-
dence, not. from information they fur-
nished. They spoke not a breath.”’
Prosecutor Newey, who was involved

in the investigation from the first hours,

praised the investigation, calling it a
‘‘complete, well-coordinated, mass po-
lice effort’’ involving dozens of officers.
Everybody was involved, some tracking
down tips, others relaying information to
officers in the field and yet others finding

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Fa

brutal crimes and descriptions of the kill-
ers.

Detectives, however, could not wait
around for Walker’s help. They knew
one of the killers had a strange island
accent—something that indicated the
killer. was not a local. Police went to
Ogden’s black-community leaders and
requested their help in identifying the
killers. The black community in Ogden
is quite small and the local leaders told
police they knew of no Caribbean blacks
in Ogden. Anxious to avoid a racial
backlash in a predominantly white com-
munity, local blacks promised to cooper-
ate with police.

‘“Once the word got out, it left the
community in a state of disbelief, unrest,

Dale S, Pierre (I.) was only 21 when he robbed st

complete suspicion as to who had done it.

Worried. Would they return? Who would
they hit next?’’ said Prosecutor Newey.
There were even reports of vigilantes in-

tent upon taking justice into their own.
hands—whites cruising the streets look-

ing for blacks on whom they could take
revenge. = Ae a
Early in the investigation, officers re-

ceived a tip that a yellow van was parked
in front of the apartment of a local-black.

criminal. Police surrounded the house
and, with shotguns drawn, knocked on
the door. The suspect opened the door,

saw the guns and immediately agreed to

talk to police.
‘When he found out why we were
there, he about died,’’ recalled Detective

ore and tortured five p

eople. His unique Caribbean accent helped

White. ‘‘He told us, ‘Mr. White, this is

no local black involved in this. You’re.
looking for some out-of-state dudes.’
And that turned out to be fact.”’

Officers reconstructed the crime scene

as best they could. The bandits had been
_ thorough, removing more than $24,000
in stereo equipment from the store durin g

the robbery. Police theorized that the
robbers entered through the back door

_just-at closing time and had ordered the

victims into the basement while they
loaded stereo equipment into their van.
Judging from the amount of stereo equip-
ment taken, it must have required several
trips to haul everything away.

It took several hours to determine who
all the victims were and why they were in

police nail him. William Andrews (r.) was sentenced to die even though he didn’t pull trigger. But he did pour the Drano.

Inside Detective 33

Convicted Child Killer Executed
AP 26 Jan 96 9:09 EST V0450
Copyright 1996 The Associated Prdss. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority |
of the Associated Press.

Convicted Child Killer Executed

POINT OF THE MOUNTAIN, Utah (AP) -- A child killer who chose bullets
instead of a lethal injection became the nation’s first inmate executed
by a firing squad in 19 years early Friday.

The white cloth target pinned over John Albert Taylor’s heart
appeared to disintegrate as the four slugs fired by anonymous marksmen
struck him just after midnight. The front of his blue jumpsuit quickly
turned dark with blood. ;

"I guess that answers that, don’t it," Tdylor’s uncle, Gordon Lee,
one of three witnesses invited by Taylor, said through tears moments
later. “Johnny was lucky. It went quicker than lethal injection, but
seven years is a long time to die."

Taylor, 36, had been on death row at Utah State Prison since his
1989 conviction for the rape and strangulation of an 11-year-old girl.
In December, he fired his lawyers and dropped all appeals, saying he
preferred death to life in prison.

“I would just like to say for my family, for my friends, as the poem
was written, ‘Remember me, but let me go,"’ Taylor said in a calm voice
before a black hood was placed over his head. ,

Forty-five seconds later, the five riflemen fired as one, Taylor, 23
feet away and tightly strapped into a black steel chair ina
floodlighted room, jolted at the impact and his left hand clenched
tightly, then gradually relaxed. His head, although secured by a strap,
tilted back and to the right.

The witnesses were seated behind glass in three adjacent rooms.

The riflemen used .30-30 caliber deer rifles -- the type used to
execute Gary Gilmore at the same prison in 1977. One gun is
traditionally loaded with a blank round; none of the shooters knows
which.

It was the second unusual execution this week. On Thursday, a
Delaware killer went to the gallows in only the nation’s third hanging
since 1965. Billy Bailey, 49, was executed for the shotgun slayings of
an elderly couple at their farmhouse in 1979.

Utah is the only state to offer the condemned a choice of injection
or firing squad. Idaho has shooting and injection, but the choice is
made by the director of prisons.

Ta


ylor said he chose the firing squad because it would be costly and
embarrassing for the state. He also said he feared "flipping around
like a fish out of water" if given an injection.

Taylor had waited calmly in the deathwatch cell Thursday. He ate
pizza with his uncle, wrote up his will and talked with a Roman
Catholic priest who baptized him last week.

About an hour before he was executed, Taylor, after singing hymns
with two attorneys and the Rev. Reyes Rodriguez, bowed his head and
wept as the priest read Scriptures. Rodriguez accompanied Taylor to the
20-by-25-foot death chamber.

Like Gilmore, Taylor could have demanded to halt the execution right
up until the moment he was strapped into the chair. A federal
magistrate was standing by to issue a stay if needed.

Beverly DeVoy, a free-lance journalist who was one of Taylor’s three
invited witnesses and had corresponded with him for years, said it was
the inmate’s health problems -- an enlarged heart, bleeding ulcers and
swollen legs and feet -- that bound him to his death wish.

With his deteriorating health, he was afraid would die alone in his
cell, DeVoy said. He made her promise to keep his health a secret until
he was dead. ,

Taylor, diagnosed at 17 as “a remorseless pedophile," was convicted
of killing Charla Nicole King with a telephone cord in an apartment
next to where his sister lived. His fingerprints were found on the
bedroom telephone.

"They say executing him is so barbaric," said the victim’s mother,
Sherron King. "Tell me what’s barbaric. My daughter was alive (while
being raped and choked). He won’t even hear the sound of the bullets."

Taylor had insisted he was wrongly convicted and offered no
apologies before going to his death.

Gilmore was the first person put to death in the United States after
the U.S. Supreme Court lifted its ban on capital punishment in 1976.
His execution ended a 10-year moratorium on the death penalty in the
United States.

Gilmore was the subject of Norman Mailer’s book "The Executioner’s
Song,“ which was made into a TV movie.


Wednesday Morning—December 20, 198

aa

smnmaure as

a a

+m

Che Salt Lake Tribune State / Loeal

Section B

Page

By Margaret Sowerby
Tribune Correspondent

OGDEN — Death by lethal injec-
tion was the sentence imposed Tues-
day morning by a 2nd District judge
on John A. Tay-
lor, 30, who raped
and strangled an
l-year-old

ashington Ter-
ace girl in her
partment. .

Taylor, a Flori-
da resident, was
convicted of first-
degree murder
Dec. 5 following a
non-jury trial by ~
Judge David E John Taylor
Roth in the death of Charla Nicole
King on June 23. Taylor waived a
jury in the trial.

The victim's body was found by
her mother, Sharon King. lying on

Judge Orders Lethal Injection in Murder, Rape

the mother’s bed, a telephone cord
wrapped around her throat. A pair
of panties was stuffed in the girl's
mouth and her head was covered
with her mother's nightgown.

Testimony in the trial revealed the
girl had been raped and sodomized.

Roth imposed the sentence after a
day and half of testimony.

He deliberated about 35 minutes
before imposing the death penalty.
The other choice was life in prison.
Roth said the aggravating circum-
stances far outweighed the mitigat-
ing evidence, necessary for imposi-
tion of the death penalty in Utah.

“You would have to think hard to
think of more brutal circumstances
leading to the death of a child,’ Roth
said. referring to testimony in the

trial.

Roth said Taylor's past criminal
record, including incarceration al-
most constantly since Taylor was 16
was a factor in the decision. Taylor
spent four years in a sexual offend-
er'’s program connected with the
Florida State Prison after his par-
ent's committed him at the age of 16.

“The few months the defendant
was free he was not able to avoid
criminal conduct,”’ Roth said. He de-
scribed Taylor as ‘an accomplished
liar who showed no “remorse in the
event of killing someone.”

Roth told Taylor he had a choice of
death by lethal injection or the firing
squad but Taylor refused to choose
so Roth opted for lethal injection,
stating it would be carried out Jan.

31, 1990.

Roth noted an automatic appeal of
the death sentence under Utah law
would likely delay Taylor's execu-
tion.

Roth said the only mitigating cir-
cumstances proven by the defense
was an “unfortunate childhood,” but
he described that. evidence as
“sketchy and not veryscompelling.

An aunt and uncle testified that
Taylor had been tied to a bed when
he was very young and that his moth-
er left him along when he was small

A sister, Teresa Taylor. testified
earlier at the penalty phase of the
case that Taylor ‘had a problem with
little girls’ and that he boasted to
her he could make anyone helieve
him when he lied.

Child’s Killer Gets the Death Penalty

She said Taylor also told her that
he could commit a murder “and eat
dinner right after” because “death
has no meaning to ine ”

Sharon King. mother of the victim,
said after the sentence was imposed
she was “relieved at the verdict
Anything else would have beena slap
in the face.’ She added st * oped no
parents in the future wo.’ ‘have to
go through what I have.”

Taylor left the courtroom quietly.
showing no emotion. Family mem-
bers were also impassive, but Lori
Galli, a sister of the defendant, who
turned him into police. rushed out.
refusing to talk to reporters

Reed Richards. Weber County at-
torney said after the séntence was
imposed, “This was as aggravated
and grotesque a crime as I can imag.
ine.

Hie added he felt the crime was
See RF Column ©

Taylor Gets Death Penalty
For Brutal Murder of Gir]

Continued From B-1

equal to ‘the Hi Fi Shop killings.” in
Ogden in which five victims were tor-
tured and shot in the basement of a
stereo shop some 15-years ago.
Three died and two survived. Pierre
Dale Selby was executed for his part
in the slayings while William An-
drews conviction in the case is still on
appeal.

“If a person is going to be involved
in this type of activity in Weber
County they can expect to be execut-
ed.” Richards said.

Richards also said he felt Taylor's
attorneys Don Redd and Martin Gra-
vis did a “capable” job, but added,

‘With what they had to work with.”
Richards said not one relative or
friend of Taylor's would come forth
and testify in his behalf.

During closing arguments, Gravis
told Judge Roth that the state had
failed to prove Taylor's criminal his-
tory as violent, stating he had only
been convicted of burglary and car-
rying a concealed weapon. for which
he served eight years because of a
parole violation.

But Roth said he felt testimony
was credible in the case which linked
Taylor to several sex crimes as well
as the other two charges.

The Salt Lake Tribune, Friday, December 22

, 1989 A1l3

Condemned Killer Procla

OGDEN (AP) — Condemned child-killer John Al-
bert Taylor has penned a poem asserting his inno-
cence with the declaration Phey say I'ma Ri
you it's a lie."

The poem was released by Taylor's sisters on his

He's feeding the camera

He’s building his glory!

To him it ’s finally over

But for another, the start of the story

A lost soul in an hourglass,

Dreams destroyed, forever lost, so many plans

My life is buta Stepping stone.

My innocent blood upon his hands.
A child is dead!

A man condemed [sic] to die.

They say I'ma killer,

I tell you it’s a lie.

Was my conviction truth

The guiding hand of fate,

Or was it empathy, sympathy,

And the emotion of hate?

Another child will die

The same as Charla King.

Before you'll see the injustice
Maybe then truth and justice will ring
How will they heal.

An injured soul?

A child will die!

Because the truth wasn t told'

ims Innocence in Verse


Marksmen Rehearse Execution

AP 24 Jan 96 11:05 EST V0005

Copyright 1996 The Associated Press. All rights: reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press. va

Marksmen Rehearse Execution |

SALT LAKE CITY (AP) -- Fiye marksmen practiced firing on command and
&@ prison worker played the part of a convicted killer as the state

' conducted a dress rehearsal for its first firing squad execution in 19

years. Beetle

John Albert Taylor, sentenced to die for taping and strangling an
11-year-old girl in 1989, will be led out of a holding cell, strapped
into a chair and shot through the heart just after midnight Thursday.

Taylor, 36, will be the first inmate to dié by firing squad since
Gary Gilmore was executed in 1977. Taylor chose thé firing squad over
injection, the state’s second method of execution since Utah outlawed
hanging in 1983. .

George A. Sorenson, retired suburban editor of The Salt Lake Tribune
who has witnessed three firing squad executions, called them “clean and
efficient.” °

"There’s just a shot and the guy slumps a little bit," Sorenson
said. “It’s nothing like a hanging or an electrocution."

The state of Delaware was scheduled early Thursday to hang a man
convicted of killing an elderly couple. It will be the state‘s first
hanging in 50 years and the third in the' United States since 1965.

Utah corrections officials this week cohstructed a portable death
chamber in a warehouse on the prison grounds. The'room includes a
sandbag-lined chair and a screen erected less than 50 feet away to
shield the identities of the marksmen, who will aim through holes in
the screen.

The shooters, all volunteers from the field of law enforcement, have
been practicing firing on command and in unison.

Five minutes before Taylor is led into the death chamber, officials
will load four of the deer rifles with live rounds and one with a blank
round.

Taylor will be given two minutes to make a last statement before a
hood is placed over his head and the order to shoot is given.

He is scheduled to die at 12:01 a.m. Friday.


Utah Debates Firing Squads -
In Clash of Past and Present

By JAMES BROOKE

SALT LAKE CITY, Jan. 12 —
When word got out that Utah was
preparing to execute a child murder-
er by firing squad, Jack Ford’s tele-
phone started to ring off the hook.

“For two days, all I did was an-
swer the phone,” said Mr. Ford, the
spokesman for the state corrections
department. ‘‘Finally, I had a form
letter printed up: We are not taking
volunteers.”

The unwanted flood of volunteer
sharpshooters came with the first
scheduled firing-squad execution in
the United States in almost two dec-
ades. If Utah politicians have their
way, the execution by firing squad
scheduled for Jan. 26 may also be the
nation’s last.

In January 1977 it was a Utah
firing squad that broke a 10-year
hiatus in American executions by
taking the life of Gary Gilmore, who
became celebrated because he insist-
ed on being executed for the killing of
a motel clerk.

Now, a firing squad composed of
state law-enforcement officers is set
to take the life of John Albert Taylor,
36, who was convicted of sexually
assaulting and strangling Charla Ni-
cola King, 11, in 1989. Like Mr. Gil-
more, Mr. Taylor chose a firing
squad over lethal injection, Utah’s
other execution method.

The return of the firing squad,
unique to Utah in modern times, of-
fers a benchmark to measure the
evolution in America’s application of
the death penalty.

Relatively rare through the early
1980's, executions nationwide
jumped to 56 last year, nearly double
the 31 recorded in 1994, Now running
at levels of the 1950’s, executions are
largely restricted to the South and to
the West. Utah has executed three
people since 1977, all by lethal injec-
tion. There have been no executions
in New York, New Jersey or New
England since the Supreme Court
reinstated capital punishment in
1976.

“Our prediction is that we are go-
ing to climb to 100 executions this
year,” Steven W. Hawkins, executive
director of the National Coalition to
Abolish the Death Penalty, said from
Washington.

With executions already taking
place at a rate of one a week, the
news media and the public now only
focus on executions with a twist,
death-penalty opponents say.

“This is the month for the strange
and the bizarre,’ Mr. Hawkins said,
referring to executions scheduled for
January. ‘‘There is the firing squad
in Utah, a hanging in Delaware, and
in Illinois, there is Guinevere Garcia,
only the second woman to be execut-
ed”’ since 1976.

Fresh from an interview with a
visiting network television crew,
Carol L. Gnade agreed wholeheart-
edly. “The only reason that this exe-
cution is gaining attention across the
country is the method,” said Ms.
Gnade, executive director of the
Utah affiliate of the American Civil
Liberties Union. ‘The firing squad is
no more barbaric than lethal injec-

ADDING IT UP
Executioners’ Toll

The number of executions
carried out each year since
the death penaity was
reinstated by the Supreme
Court in 1976.

60 executions

50

40

30
20
10

'T7 '80 ‘85 '90 '95

Source: Death Penaity Information Center,
Washington

The New York Times

tion or electrocution.”

With a record 3,046 condemned
men and women awaiting executions
in 38 states, the public’s increasingly
hard line on crime pressures politi-
cians to speed up executions. In
Utah, polls indicate that 75 percent of
voters support the death penalty.

“A lot of politicians have made
their platforms to be tough on crime,
to support the death penalty,” said
Richard C. Dieter, executive director
of the Death Penalty Information
Center, a Washington group opposed
to the death penalty. ‘Clemency is
becoming a thing of the past in death-
penalty cases.”

While state governors commuted

10 death sentences in 1991, that num-
ber fell to one in 1994 and to zero in
1995.

In a sign of the times, Congress
voted this fall to cut out all Federal
financing for a program designed to

N.Y. TIMES

UTAH STATE PRISON
DRAPER—UT4H

Associated Press
John Albert Taylor’s execution by
firing squad is set for Jan. 26.

provide free legal aid for appeals by
men and women sentenced to death.
Known as Death Penalty Resource
Centers, this nationwide network of
offices had a budget of $19.6 million
last year.

Although President Clinton has not
signed the bill because of the budget
impasse, he is expected to, and most
of the centers are winding up opera-
tions. In Texas, where 92 men were
executed last year, the number of
lawyers for the Death Penalty Cen-
ter has dropped to 1 from 18 a year
ago.

Next week, carpenters at the Uin-
tah Prison Complex in Draper are to
Start customizing a firing squad exe-
cution chair for the 1990’s.

“Blood-borne pathogens are a big
issue now,” Mr. Ford said when
asked about changes since Mr. Gil-
more was executed, in the pre-AIDS
era, ‘‘There will be a pan underneath
the chair to catch the blood.”

To some in Utah, the grisly 19th
century nature of a firing squad
clashes with this state’s modern im-
age. With a booming economy re-
volving around computer software
and ski tourism, Utah is to be the
host of the 2002 Winter Olympics.

Utah’s 19th century history helps
explain why it is now the only state in
the union to allow condemned prison-
ers to choose to die by the firing
squad.

In an early radical phase, Utah’s
Mormon settlers believed that the
sin of murder could only be atoned
by shedding the murderer's blood.

“There are sins that the blood of a
lamb, of a calf, or turtle doves cannot
remit,” Brigham Young, a Mormon
profit, told his pioneering flock here
in 1856. ‘‘But they must be atoned by
the blood of man.”

For over 30 years, this belief in
blood atonement, and the practice of
polygamy, blocked accommodation
between Utah’s Mormon ‘‘Kingdom”’
and Washington. In 1890, the church
formally disavowed polygamy and
blood atonement. In 1896, Utah joined
the Union as a state.

Last week, Utahans celebrated
their state’s centennial. But just as

the Church of Jesus Christ of Latter-’

day Saints has been unable to stamp
out polygamy here, repeated church
pronouncements have failed to
stamp out a folkloric belief in blood
atonement.

““Most Mormons in Utah would use
blood atonement as their rationale
for supporting capital punishment in
general, and the firing squad in par-
ticular,” said L. Kay Gillespie, a pro-
fessor of criminal justice at Weber
State University in Ogden. An author
of a study of the state’s 48 executions
since 1847, he said 39 were by firing
squad.

Mr. Taylor, who is to be baptized a
Roman Catholic next week, seems to
have chosen the firing squad largely
to embarrass the state.

“He said he didn’t want to lay on
the table and flip around like a fish
out of water,”’ Beverly DeVoy re-
called of comments the condemned
man made to her last month about
lethal injection. Ms. Devoy, the only
reporter that Mr. Taylor talks to,
added, ‘But I also think he wanted to
cause more trouble for the state.’’

Mr. Taylor seems to have achieved
his goal of embarrassing state offi-
cials. The state’s largely Mormon
political leaders seems determined
to abolish the firing squad as an
anachronistic holdover.

Next week, Sheryl L. Allen, a Re-
publican State Representative, plans
to submit to a bill that would do away
with firing squads. If passed by the
State Legislature before the session
ends late next month, two other Utah
convicts who have chosen the firing
squad would die by lethal injection.

“The law ought to updated,” Rep-
resentative Allen said. ‘‘It is my in-
tention that no more inmates will
have the choice between lethal injec-
tion and firing squad.”

The State Legislature, which is
dominated by Mormons, is expected
to pass the measure easily.

“I would be very surprised if it did
not pass,” said Gov. Michael 0.
Leavitt, a Mormon and a Republican.
“If it passes, it will have my signa-
ture.”

Sun. |-14-%

Hanging, firing squad

By Tony Mauro
USA TODAY

Just as capital punishment was be-
coming somewhat routine, two unusual
executions set for this week — one by
hanging, the other by firing squad — fo-
Cus new attention on the issue.

In Delaware, double murderer Billy
Bailey is scheduled to be hanged on
Thursday, the first person to die by
hanging in that state in 50 years.

Utah child killer John Albert Taylor
is to be shot by firing Squad on Friday.
Five volunteer law enforcement offi-
cers will carry out the execution.

Both inmates chose the old-fashioned
methods over. lethal injection, which

‘Most states prefer as a more humane
method of death.

“It’s all part of the bizarreness, the
circuslike atmosphere surrounding the

death penalty,” says Richard Dieter of
the Death Penalty Information Center.
“It’s a good reason to get rid of the
whole sideshow and get serious about
fighting crime with sane solutions.”

Bailey will be
hanged from the
outdoor gallows
at the state prison
in Smyrna. He
will be the third
person hanged in
the United States
in the modern

death penalty +m _
era. The last two AP
hangings were in Taylor: Faces Utah

Washington state firing squad Friday

in 1993 and 1994.

Delaware changed its method of exe-
cution to lethal injection in 1986, but
Bailey was sentenced in 1980 and had
the option of keeping the old method.
Bailey, 49, was convicted for the 1979
murders of 80-year-old Gilbert Lam-
bertson and his 73-year-old wife, Clara.
__“I was sentenced to hang,” Bailey
told The News Journal in Wilmington.
“Asking a man to choose how to die is
more barbaric than hanging.”

Death on the gallows occurs not by
Suffocation but from a broken neck,

which causes a
collapse of the
spinal cord, fol-
lowed by a cutoff
of oxygen to the
brain and paraly-
sis. Delaware of-
ficials traveled to
Washington earli-
er this month to
learn more about
the procedure.

In Utah, Tay-
lor was defiant in
choosing the firing Squad. He told a re-
porter that he didn’t want to “flip
around like a fish out of water,” like he
might with lethal injection. Gary Gil-
more became famous for choosing the
Utah firing squad in 1977.

“Some people on death row want to
embarrass the state and get a lot of pub-
licity, to go out with a bang, so to speak,”
says University of Florida professor Mi-
chael Radelet, a death penalty expert.

ylor will be strapped to a chair
While the ‘firing squad aims .30-caliber
\

:

“ AP
Bailey: To be
hanged Thursday

- 3A
USA TODAY : MONDAY, JANUARY 22, 1996

ee

executions Set for this week

rifles at a target pinned over his heart.
One rifle will carry a blank, a longstand-
ing tradition that keeps the marksmen
from knowing who fired the fatal shot.

Taylor was convicted in the brutal
rape and murder of 11-year-old Charla
King in Ogden.

The victim’s mother, Sherron King, is
resolute. “They say executing him is so
barbaric. Tell me what’s barbaric. My
daughter was alive (while being raped
and choked). He won’t even hear the
sound of the bullets.”

Taylor’s supporters may make a final
effort to postpone the execution, even
though Taylor says he wants it to pro-
ceed, by making a novel church-state
argument against the firing squad.

They say that Utah’s use of the firing
Squad follows the tenets of the Mormon
Church, which dominates the state. Ear-
ly Mormons believed in “blood atone-
ment” for the sin of murder.

But Utah officials deny any religious
link and a state legislator has intro-
duced a bill to eliminate the firing
Squad as an option.


And i in Utah,
firing squad

gets prepared

By Shannon Tangonan
USA TODAY

Delaware readied its gal-
lows and Utah marksmen
practiced shooting on com-
mand as both states prepared

Wednesday for unusual execu- |

tions.

The weathered gallows at
the Delaware Correctional
Center near Smyrna was read-
ied for the execution early to-
day of Billy Bailey, 49.

He’s “just trying to stay calm
and get through it,” said his
lawyer, Edmund Lyons. “I

think he has ‘pretty well com- °

posed himself.”

Bailey was convicted of fa-
tally shooting Gilbert Lambert-

son, 80, and his 73-
year-old wife, Clara,
on. their Cheswold,
Del., farm in 1979.
The. gallows, ©
which has a trap
door 15 feet above
ground, was built
for Bailey’s, hanging
in 1986. Appeals de-
layed the execution.
The state in 1986

replaced hanging Bailey: Convicted
with lethal injec- in 1979 murders

tion, but since Bai-
ley’s crime preceded the
change, he was given a choice
and opted to hang.

It will be the third hanging in
the USA since the death penal-
ty was reinstated in 1976.

In Utah, Child rapist and
murderer John: ‘Albert Taylor,
36, is scheduled to die in front
of a firing squad early Friday
in Salt Lake City. It
would be the state’s
first such execution
since 1977.

built a death cham-

ber in a warehouse

on prison grounds.

A wall will shield

the identities of the

five marksmen.
Five minutes be-
_ fore the execution,

Officials will load

four .30-caliber ri-
files with bullets and one with a
blank.

The blank is “for the con-
science of the executioners so
no one knows for sure who
fired the live round,” said cor-

Prison officials

USA TODAY « THURSDAY, JANUARY 25, 1996 + 3A

rections spokesman Randy

_ Ripplinger.

Taylor will be led out of a
holding cell, strapped into a
chair and given two minutes to
make a last statement. A hood
then is placed over his head
and the order to shoot is given.
He will be shot through the
heart, prison officials say.

Virginia executed Richard
Townes Jr. by lethal injection
Tuesday for the murder of a
store clerk during a robbery in
1976.

Townes’ execution was de-
layed for at least five minutes
because medical personnel
could not find a large enough
vein in which to insert the IV
needle, said David Bass of the
Virginia Department of Cor-
rections.

It finally was inserted into
his right foot.

as hanging nears

Photos by Gary Emeigh, T jews Journa
The gallows: Built in 1986, the
Smyrna, Del., facility has a trap
door 15 feet above ground.

NN ———————

It was a cunning plot—

1 | > but smart sleuthing sent
= | -the killer to his doom!
a By JESSE-
1out : T. SIMMONS

ss re

s in : x

“THE DOOR opened,

and Omer Woods came

ore- : stumbling out. ‘Get my
{ wife!‘ he gasped, ‘She’s

still in the bedroom!’”

aeeree


-

adiciaeemenennelie ad

—

EE Lt EON spt em

=

SO RN cg

——

a

Mrs. S.A. Cottrell, owners of the-

which convinced her that the apartment
house was afire.' She raced down the .
stairs to locate the janitor. Unable to
find him, she hurried to the adjoining
Progress Apartments where Mr. and -

Pauline, made their residence.

The landlady followed Miss Kimball
back to the Pauline and quickly deter-
mined that the smoke was originating
in apartment No. 4 on the second floor,
directly below the young lady’s quarters.

No. 4 was occupied by the Woods
family.

The landlady banged on the door,
but there was no ‘response. She banged
louder and called: out excitedly :. fs te
up this door !” f

Only smoke, seeping past the edges
‘of the door, came from the silence within the burning rooms.

Frantic with alarm, the landlady attempted to unlock the
door with a~dozen or more keys. that:she carried, but none

fitted the lock.

A moaning sound followed by a gasping cough made her
realize that some one was in the apartment. Unless the door
could be opened quickly, whoever was inside might be burned
alive.

“Call the fire department!” cried the landlady as she hurried
away for more keys.

A. few moments later she returned. Now. the smoke was
pouring thick and black from the edges of the door. She
tried key after’ key. Finally the lock turned and she flung
the door inward. Rolls of black smoke poured out into the
hallway.

An odor impossible to mistake hung heavily | in the smoke.
‘It was the odor of burning flesh !

Screams rose from women tenants attracted into the hall

‘by the confusion. A shrill voice shrieked, “Fire!”

A dark form suddenly came stumbling through the doorway
of-the burning apartment. It was a man—Omer Woods.

Obviously he had been the victim of a vicious beating. His
face was bruised, both eyes were black. A flatiron cord dan-
gled from one. leg, indicating that he had been tied up. Ex-
hausted and begrimed, he collapsed. before the horrified spec-
tators.

“Get my wife!” he gasped. “She’s still in there!”

48

UTAH'S state prison (above),
where the killer faced the fir-
ing squad, Cross indicates
spot where he stood, while
arrow shows windows through

CHIEF OF -Detectives Riley °
Beckstead found that ‘the
evidence pointed straight at
a man who would be the
last to be suspected of the
slaying of Maryetta Woods.

Screaming fire sirens drowned his pleadings as he raised
weakly to his knees and again collapsed. ©
A squad of firemen led by Captain William Hancock came

bounding up the stairs. Bending low they plunged into the ©

burning apartment with grim faces. .

In a swift glance Captain Hancock saw that the apartment
was a shambles. Chairs -were overturned. Drawers had
been jerked from a buffet and their contents strewn upon
the floor. :

Quickly he saw that the fire was concentrated in a bedroom
which led off from the living room: The door was slightly
ajar. He pushed it open and saw a bed roaring in flames.

He snapped an order and his men faced the searing heat
with their chemicals. Within a few minutes the fire was ex-
tinguished, but not before its blazing tendrils had-eaten away
most of the bedclothes and the mattress.

When the smoke had partially cleared, Captain Hancock”

applied more chemicals to the smoldering heap on the bed.
Suddenly he uttered an exclamation of horror.
Among the debris on the bedsprings was a woman’s body !

HARRED beyond recognition, it was a blackened corpse

with virtually all of its clothing burned to ashes. Evi-.

dently the woman’s wrists had been tied together, for they
were crossed at the back and encircled with ashen remnants

of cords.
Hancock observed there was also evidence that the victim’s

which the guns were fired. ‘ _


above), ~

the fir-
dicates,

while
through

> fired, ©

raised

came

to the

‘tment
s had
upon

droom
lightly
mes.

g heat
as ex-
| away

ancock
ie bed.

body!

corpse

Evi-.

r they
mnants

Hation’s

reer Paine ts

,

legs had been bound and that she had been gagged and throt-
tled with a towel before she was burned.

“Call the police,” snapped the fire captain.

Meanwhile the husband who had escaped with his life was
being treated in an adjoining apartment by neighbor tenants:
He had been carried there and a dash of cold water had re-
stored consciousness.

His first utterance were words of concern for his mate.

“Get Maryetta!” he moaned weakly. “She’s in there——”

‘He was cut short by the voice of a fireman that drifted .

from the hallway with shocking clearness. “Yuh, a
woman’s body—and it’s burned to a crisp.”

. A ripple of horror passed over the group. Woods cried:
“Oh, my God!”

Pityingly they gazed upon him, a husky man of forty, whim-
pering like a child in the face of terrible tragedy.

His apartment neighbors were as much mystified as they
were stunned. What had happened in No. 4? What started
the fire? What were the circumstances leading up to this
monstrous crime?

It was plain to see that the man had been badly handled.
His face was bloody and both eyes were swollen nearly shut.
Undoubtedly he too had been bound and gagged, but somehow
he had escaped the fate planned for him.

The neighbor tenants plied him with questions, but the fire-
man’s gruesome words had so completely unnerved him that
for the moment he could not reply.

The solicitous neighbors felt certain about one thing—

‘whoever had committed the fiendish assault would be caught.

For Woods was a government man, an investigator for the
Department of Internal Revenue.

Within a few minutes Detectives Lester F. Wire and Jack
Egbert arrived from headquarters with City Physician John
J. Galligan. Dr. Galligan turned his attention to the charred
corpse, while Wire, a veteran of the Salt Lake police depart-
ment, soon had Captain Hancock’s account of the fatal blaze.

“There’s no question but what the woman was burned to
death with deliberate intent,” said the fire captain in summary.
“She was bound and gagged and thrown upon the bed. Then
she was covered with benzine and set afire.”

“Benzine!” exclaimed Wire.

“Sure,” replied the fireman. “Can’t you smell it?”

The detective sniffed and realized that benzine or some
other highly inflammable substance had played a role in the
crime.

He hurried into the adjoining apartment where the husband
was being treated for his injuries. Fortunately, he speculated,
there was an eyewitness to the murder.

Woods was still weak and overcome with grief but Detec-
tive Wire, knowing that every passing moment might be a
deciding. factor in trapping the slayer, bluntly insisted upon
an immediate and complete account of the assault.

The government investigator shuddered, then began a re-
cital of the events leading up to the fire.

“I came home for lunch about noon, as usual,” he related.
“After Maryetta and I had eaten I went into the bathroom to
shave. Just then the doorbell rang and I went to the door.

“There, facing me, were two men with ugly, snarling faces.
They shoved guns into my ribs and backed me into the apart-
ment. One bandit was big and tall, a powerful man. The
other was short and stocky.

“We know you’ve got money on you, Woods,’ the big man
said, ‘and you better hand it over quick.’. He took over a hun-
dred dollars from my pocket.”

He saw the smaller man advancing toward his wife, he said,
and when he attempted to go to her assistance the big fellow
knocked him down and kicked him into the bathroom. He
fought back for a few frenzied seconds until a blow from
somewhere struck him and everything went black.

“When I came to my arms and legs were tied and I was ly-
ing on the bathroom floor. The apartment was filled with
smoke and it was strangling me. Some one was trying to
get in but I was gagged and couldn’t cry for help.

“I kicked and struggled for a long time before I finally got
loose. Then I crawled out on my hands and knees and opened
the door.”

“Had you seen either of the men before?” asked Wire.

“Never,” Woods replied. “They looked like typical strong-
arm gangsters.”

The detective jotted down Woods’ description of the men.
Both were dark complexioned, between thirty-five and forty
years old, and they were dressed in rough overalls. The tall
bandit wore a brown overcoat, badly sun-faded. The short
bandit wore an old mackinaw coat with large checks.

Wire flashed these descriptions to Chief of Police Joseph
E. Burbidge and ‘the manhunt was on. Within forty-five
minutes from the time that the killers had struck with wanton
savagery, Salt Lake City’s entire police force was’ on their
trail.

But the thing that really puzzled the investigators

49


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INSIDE DETECTIVE

most was the callous murder of Mrs..
Woods and the attempted murder of her
husband. This was no ordinary robbery.
The bandits planned to’ burn alive the
occupants in No, 4 with the possibility of
wholesale death for many others who lived
in the apartment house.

“Only the most depraved of criminals-

would execute a robbery in such a fiendish
manner,” Detective Wire told his partner
as they reentered the burned apartment. ‘I
am wondering if robbery was the real mo-
tive or if it was—murder.”

“An officer like Woods was bound to
make enemies,” said Egbert significantly.

As they searched for clues among the
debris of the ransacked apartment, they
goon discovered a clue which convinced
them that their suspicions might be well
grounded.

Mrs. Woods’ purse was lying on the
buffet in the living room. Its contents,
including $1.15 in change, had pot been
molested.

Dr. Galligan emerged from the bedroom

with interesting information which his ex-

‘pert eyes had uncovered.

“The woman was badly beaten up,” he
announced. “Very likely she was dead be-
fore the fire started.”

Fire will not raise blisters on a dead ©

body, he explained, and there were no
blisters on the corpse. His opinion was
that death had occurred within the past
hour. He pointed out that two vicious
blows had struck the victim’s head. One,
above the left ear, had dealt a possible
skull fracture; the other had smashed the
jawbone.

“She was a frail woman as you can
see,” he continued. “It is possible that
both blows were inflicted by a man’s fist,

although it-looks more like the work of a

pistol butt. The blow on the jaw loosened
two molars so much that I picked them
out with my fingers.”

The two sleuths continued their investi-
gation of the ransacked apartment. - They
discovered that two rooms—the kitchen and
the bedroom occupied by the daughter Tee
Lee—apparently had escaped the attention
of the looters.

Only the living room, the bedroom oc-
cupied by Woods and his wife, and the
bathroom were in disorder. In these rooms
clothing and linens were strewn upon the
the floors and every drawer in sight had
been jerked out and the contents dumped.
The bag of soiled laundry was scattered
in the bathroom.

In this shambles, however, there was
no clue to indicate. the object of the thor-
ough search. Expensive silverware had
not been taken, nor had Mrs. Woods’

_jewelry on the dresser been touched.

The only clues which the killers had left
behind were the cords ‘vith which they had
bound their victims. It was a strong wrap-
ping cord of the clothesline variety, and
even this clue proved valueless when
Woods revealed that it had originated’ in
the apartment kitchen.. .

“When they ran short of that clothesline
rope,” Woods told them, “they finished: ty-
ing me up with the electric iron’ cord.”

“The robbery motive doesn’t satisfy me
at all, Mr. Woods,” Detective Wire told
the government investigator. “They were
after other valuables besides money or
else they had another motive entirely. Do
you have any enemies?” ;

“No,” the man replied. | “My present
work with the government is not the sort
that would make enemies. I merely in-
vestigate in.connection with the estate tax
department. It isn’t like the Secret Ser-
vice or the F. B. I. And as far as other
valuables are concerned—we simply didn’t
have any documents here at the apart-
ment.” :

He gave them a brief summary of his

activities during the past few years in the

wee

hope that some little incident in his past
might give a clue to the cowardly at-
tack,

He had been with the government ser-
vice only three years, he explained, and
had lived in Salt Lake City less than two
years, Previously he had been an attorney

-and had practiced in two Idaho cities,
Boise and Idaho City. In the latter town

he had served as’ a judge for several
years. oe .
Before coming West, he and his wife
had been residents’,of the South, near
Knoxville, Tennessee, where as a young:
man he had graduated from the University
of Tennessee. “4,

In Woods’ record asa Government in-
vestigator, an attorney and a judge, De-
tective Wire could see plenty of Bar sro
ties for enemies to be made. Yet there
was no incident in his distinguished career
that. Woods. could recall which gave a
definite clue to work on. :

. “Are you sure there were n legal pa-

pers, reports or other ‘documents here that™
anyone might be interested in—so much
interested in that they would kill to get
them?” asked Wire. :

“Pm certain there weren't,” said Woods.

He and his wife were home-loving folks,
he declared, and had few interests outside
of his work and their home. His wife al-
ways had had poor health and one of their
reasons for coming West, he said, was on
account of*her lung ailment.

HE joined the two detectives in their
further search for clues. They soon
made discoveries which had escaped them
in their first hurried survey.

Behind the bathtub they found an empty ..
quart bottle which evidently had contained
benzine. Although empty it was. still
wrapped in paper which bore the imprint
of “Schramm—Johnson Drug Store,” One .
end was ripped open so that the inflam- .
mable contents could be poured out.

“At last we have something definite,”
said Wire triumphantly. “This wrapping
paper might carry plenty of fingerprints.”

He was also cheered with the prospect
that the bandits might be traced through -
the benzine purchase, but Woods inter-
rupted to explain that he himself had
made the purchase, two days ago, on Sat-
urday.

“My wife wanted it for cleaning,” he
said. “I suppose it’s been in the bathroom
still unopened since Saturday.”

Intensive search uncovered another clue.
It was a broken milk bottle which Wire
discovered under the clothing that had been
dumped from ‘the laundry bag.

Woods expressed the opinion that this
bottle could have been used as a bludgeon
by one of the bandits when he was knocked
unconscious, although he admitted that he
had not seen it in either of the bandits’
hands.

Wire carefully wrapped the broken milk
bottle in a towel hoping that someXof its
shattered pieces would reveal telltale fin-
gerprints.

After Woods had left the officers to
call the university and notify his daughter .
of her mother’s death, they made, one other
discovery. ‘ '

They observed that the door -to the bed-
room where the fire occurred was blistered
on the outside. On the inside the fire had
barely scorched the paint.

Calling to Captain Hancock, Wire said:
“Here’s something I don’t savvy. When
you first entered the bedroom, was this
door open or closed?”

“It was ajar about eight inches,” said
the fireman. . :

“Then how did the outside of the door
get blistered?” asked Wire.

_ “Only one way—the door was open
during the hottest part of the fire.”

This was a strange circumstance, thought

u
Y
T
‘
D
‘

'

J

NEAL, Don Jesse, white, bhot Utah, Salt Lake, July 1, 1955.

wer eotied
REGAN SERVICE
JAMES L. REGAN. PRESIDENT
681 MaxxxTY Srruxr S33 SOUTH WESTERN Avosuz
SAN PRANCISCO 3, CALIF. : LOS-ANGELZS 3. CALIF.
EXancon 5937 San Francisco, Pirtecw 2322.
. December 15, 1952.
-. : M rm ACS
Mrs. Sara Zrhman,
Brooklina, Massachusetts.
| * Dear Mra. Zrhman:
About a month sh ago a read in the San Francisco
3% Examiner that your "Aid was enlisted by Don J. eal,

awaiting execution in Utah.".

We as stivat e investigators were employed by this
unfortunate Zellow in the interest of his causa.

I was greatly interested, but there seemed little
I could do, except to write to him.in an effors to
maxe hin Zeel that he had not lost all.

This morning I received a Christmas card from nin,
and he stated that he was to be given a new trial,
anc Se seems confident thet he will be exonere ted,
and that he will visit me some day. I am go k wey.

Don requested that we send a man to Uteh for the
purpess of obtaining some affidavits, trt we conte
nov afford the expense, and he did not have aryz
money.

’ i sincarely believe thes he was innocent.

= wes pleased to learn that you were interested
in the casa. I hore po see hin walt ints my ofZics

witixs= the near a |

<. in rerely y
|

-

MEMBER

° HOTEL ASSOCIATION
* TAVERN ASSOCIATION
° CHAMBERS OF COMMERCE
° RESTAURANT ASSOCIATION

Oh


_ o_o
——_—_—— eee

ie

Murder SuspectAppeals to Leader
Who Opposes Capital Punisnment

By FRANK THOMPSON

BROOKLINE, INS — Crusading
Mrs. Sara Erhman winner of a
fignt to modify capital punishment
laws in Massachusetts, has re-
ceived an appeal for assistance
from a man facing a firing squad
in Utah for the slaying of a police-
1:30.

d{rs. Erhman, wife of Herbert
B. Erhman, Boston attorney, is a
director of the American League
for Abolisbment pf Canit Pimnish-
rrent. Her efforts led to adoption
eeestT of a law to permit juries
in Massachusetts to recommend
life imprisonment for persons
eonvicted of. murder.

Her aid was enlisted by,Don J.
Neal, 32, San Francisco, now
awaiting execution in the state
prison at Draper, Utah, for the
slaying of Police Sergeant Owen
T. Farley at Salt Lake City May
23, 1951.

Mrs. Erhman announced today
she would refer the appeal by Neal
to the League’s officers and mem-
bers of its board and would recom-
mend that. League members in
Utah study the case for possible
action in behalf of Neal.

Mrs. Erhman said Neal claims
he had just seated a woman com-

panion, Mrs, Wilma Lenona Tully, .

in an automobile and walked
around the car to get in on the
other side when he was stopped :
by Set. Farley,

He wrote that he was searched |

by the policeman, -arrested anc ;
handcufed i
i sent

that his hands were
behind his back. Neal wrote that
the policeman found no weapons
on him-when he searched him and
that he was told to sit in the cen-
ter beside Mrs. Tully and that Set.
Farley got behind the wheel of
the car.

Neal, who was arrested for over-

in ed
So ep eee

\

due rent on a rental automobile
and alleged $14 robbery in Ogden,
Utah, wrote that the sergeant
backed the car out of the parking
space, made a U-turn and entered
an intersection.

As the automobile entered the
intersection, he wrote, Farley
noticed» Mrs. Tully take a pistol
from her pocketbook and lunged
across the prisoner. in an attempt
to take it from her. In the strug-
gle,~Neal clamied, the pistol went
off wounding Sgt. Farley.
atitomobile, meanwhile, crashed
into a parked car. _

When the car stopped, Mrs.
Tully, according-to Neal got out
of the automobile on the. right
side- and Farley, who still was
struggling for possession of the
gun lunged after her again and
was xnocked unconscious when
his head struck a parked automo-
bile.

It was then that it was dis-
covered the officer had , been
wounced. -Witnesses reported his
last words were—

“I’m a policeman. He shot....
Cail the Department.”

FLED IN PANIC

Neal wrote that he was panicked
by the shoofing and struggle and
left the automobile on the left
side. He claimed he found the
Pistol on the seat of the car and
with ,his little finger, because he

Stil was handcuffed, picked it up

bY the trigger guard.

Sie claimed witnesses saw this,
Tailed to so testify at-his trial.
ewspaper clippings, which he
to Mrs. Erhman with his let-
ter, reported that Farley was shot
through the abdomen. Efforts of
defense counsel to have the cnarge
reduced from murder met with
failure as did their attempts to
have the alleged death weapon
and Farley’s clothing examined at

R
=

Ne

the FBI laboratories in Washing-
ton to determine whether the of-
cer had been.shot in the front or
back, as the bullet passed through
his body.

The clippings related that Mrs.
Tully, who was cleared of any
connection with the murder after
being held as a material witness
and paid for her testimony, was
held for Ogden authorities in con-
nection with the $14 robbery.

The clippings quoted her as
testifying that Neal, although
handcuffed, had take the weapon

from Farley’s pocket. Authorities,
hawevor trotified that the nfirars

The.

ea

IN an) ian RS acre EE i Os ale

DON NEAL

4s sentenced te dite

May 9, 1955

There is wide-spread
belief that he is

innocent.

Will all interested ask
that Neal be permitted
to live to prove his

innocence? Write--

Gove J, Lee

Bracken

Salt Lake City

Utah

For Further Information

please write to---

Royce Hulsey, Attorney
Judge Building
Salt Lake City, Utah

tee eA ASA eu CADITAL PUNISHMEM

ea

yoman, carries ~
) the ‘catcher’.
when his victim ~

case, but the
jating in’ armed
st be considered
Farley’s death

were given per-

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use there weren't

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spams Sette ate at ent

half enodgh men to.
police requirements.

Reno was the starting place, ofcourse.
The Reno identification bureau provided
them with information stating that the
woman. known as Reno Red Stephenson
was actually Wilma Lenoma Tully, orig-
inally from Milwaukie, Oregon. She had
a police record dating back to 1939, but
it mostly contained arrests for vagrancy
and similar misdemeanors. :

As recently as: ten days before, she

.could be placed in Reno, not in the com-

pany of Neal, and it was, presumed by the
Reno department that she. had perhaps
just recently met the California  badman
and fallen for him without quite realizing
how dangerous he was. d

The first trace of the woman turned

up at a Salt Lake motel on’ West 2\st .
‘South, where it was. discovered that she

had spent Monday night, registered as
Winona Stephenson. A man “had been
with her, but he couldn’t be positively
identified as Neal. The motel manager,
Mrs. Florence Kohorn, reported that she
was certain the couple had stolen $45

‘from her during the night and that rental

on a television set had not been paid when

‘they left early on Tuesday morning.

Mrs. Kohorn turned over a roll of’

undeveloped film that had been found on

the ground near the motel the day before.
This was sent’ to a photographic lab for
development and printing in hopes that
the pictures would give them a good \like-
ness of the woman they were seeking, to
supplement the older mug shots available
from the Reno police.

Working on the assumption that she
had either holed up in a local hotel, or
somehow had gotten out of town in spite
of the dragnet, Hunsacker and Clark sent
alert warnings to neighboring States, and
to county sheriffs or deputies in the com-
munities outlying the Utah borders, such
as Wendover on the west, Evanston, éast,
Malad north and St. George south. And,
they kept up the long grind of ched¢king
hotels in case the strawberry blonde had
checked in to get off the streets.

Late that night this effort paid off with -

the first clue on “Reno Red” since she

‘ walked from the scene of Sergeant Far-
_ley’s slaying. ‘

The: name Winona Stephenson -was
found on the register of the St. Regis
Hotel, and check-in time noted as 2:45
P.M., or about 15 minutes after Farley’s
death. :

The woman had been calm and collected
and had done nothing to excite suspicion

from the room clerk who checked her in. -

Unfortunately, she had already made her
next bid for freedom. The night glerk

reported that about 9:30 P.M. she had i

ordered him to call her a cab, saying she
had a plane to catch-at the airport.

The clerk had called for a Checker-
Cab and the woman had paid her bill and
left.

Since 9:30 p.m., though, half a dozen
planes from three different airlines had
departed, in five directions, but an effort
was made‘to find out if she had been
telling the truth.

And, of course, the investigators lost
no time in getting over to Checker Cab
headquarters to see what the records said
about 4 9:30 call to the St. Regis.

5 wih oles mae’ whe sah Litms Sadat atk SS Resa alee rd es

‘tionary living costs: He was ‘Eugene

Kirtley, anda few minutes after leaving -

on the St. Regis call he came back in

to report that the “fare” wanted to be

driven to Wendover, 125. miles west of
Salt Lake, on the Utah-Nevada: border.

The cost of such a trip was $38.50 and
she was asked to pay $28. in advance,
which she did, offering a $100 bill to pay
it. Kirtley had departed Salt. Lake west-

- bound at 9:50 and: was. undoubtedly on

- his way -back -by this. time, if something
hadn’t happened. to him en route.

"A long-distance call was dispatched to
Tooele County Deputy Sheriff K. B. Rus-
_sell at Wendover, asking him to. call, some

_special deputies into service and close the.

exits into Nevada, checking every car
éarefully, and checking every registrant of
each hotel and motor court. :

Russell promiséd to oblige with imme-
diate action, and the Salt Lake detectives
settled down impatiently, to sweat out the
_ arrival of Kirtley,. the cab driver. Kirtley
arrived shortly after daylight, all okay,
_and astonished to learn that he had trans-
ported a killer’s companion across the
bleak Utah salt-flats.

,

_ Signs of the escapee’s. agitation were’

discovered now, though, for she had
failed to take a number of personal things
out of the cab with -her on arrival at
Wendover. ‘Kirtley reported that she got
out at the State Line Hotel. But when
Russell’ was advised of this, he reported
back that she was not registered there.

Within a few more minutes, though,
he reported his mission accomplished.

The woman had been located in a motel
and. had been placed under arrest.
Hunsaker and Clark left immediately in
a patrol car to bring her back. _

It was now determined that her name
was not Winona Stephenson, as she had
_ been claiming, but Wilma Lenoma Tully,
as recorded in Reno identification bureau
files.

‘She was booked for investigation and
questioning. in the death of Sergeant Far-
ley. She insisted that she: had no active
part in the crime: She denied being a
“pitcher” for Neal, and he continued to
maintain. that the gun was in’ his front
pants pocket all the time, which also
exonerated the girl of suspicion of being
Neal’s “pitcher.”

Pending a hearing on the case, she was
booked as a material witness and on
Friday May 25, 1951, Detective Harold
“Clark signed an affidavit and petition for
bond at $10,000 to retain her in custody
as a material witness; appearing before
City Judge Arthur J. Mays.

Earlier that same day, Detective J. Ross
Hunsacker had appeared before Judge
Mays to swear out a complaint charging
Don Neal with first-degree murder, and
listing the California fugitive’s alleged
address as being 1499 Oak Street, San
Francisco.

Judge Mays ordered Neal held without
bail for a preliminary hearing which will
follow after more investigation on the
case, and on the possible angles connected
with the San Jose liquor-store hold-up.

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1052 Utah
[7] The last clear chance doctrine is
inapplicable in the present instance. In
order for the question of last clear chance
to be properly submitted to a jury the evi-
dence must be such as would in all probabil-
ity reasonably support a finding that there
was a fair and clear opportunity, in the
exercise of reasonable care, to avoid the
injury. It would not be sufficient that it
appear from hindsight that by some possible
measure the defendant by the “skin of his
teeth” could have avoided the injury. See
Morby v. Rogers, Utah, 252 P.2d 231.

[8] This court has adopted as the rule
in this state the last clear chance doctrine
of Sections 479 and 480 of the Restatement
of Torts. See Compton vy. Ogden Union
Ry. & Depot Co., supra. Section 480 reads:

“A plaintiff who, by the exercise of
reasonable vigilance could have observ-
ed the danger created by the defend-
ant’s negligence in time to have avoid-
ed harm therefrom, may recover if, but
only if, the defendant (a) knew of the
plaintiff's situation, and (b) realized
or had reason to realize that the plain-
tiff was inattentive and therefore un-
likely to discover his peril in time to
avoid the harm, and (c) thereafter is
negligent in failing to utilize with rea-
sonable care and competence his then
existing ability to avoid harming the
plaintiff.”

(See concurring opinion in Morby v.
Rogers, supra, wherein Sec. 480 of the
Restatement of Torts is discussed concern-
ing the apparent need for defendant to be
antecedently negligent and the suggestion
therein made that it is unnecessary to frame
a rule in the light of defendant’s antecedent
negligence.)

{9] Thus the matter was properly with-
held from the jury if the evidence, taken
in the light most favorable to the plaintiff,
would not reasonably and clearly support a
finding that (a) defendant knew of de-
cedent’s situation of danger, and (b) realiz-
ed or had reason to realize that plaintiff
was inattentive and unlikely to discover his
peril in time to avoid harm, and (c) the de-
fendant was thereafter negligent in failing
to utilize with reasonable care and compet-

254 PACIFIC REPORTER, 2d SERIES

ence his then existing ability to avoid harm-
ing decedent.

In viewing the facts to determine the
presence of the requisite elements neces-
sary to invoke the theory of last clear
chance we find that defendant was travel-
ing south on U. S. 91 at a speed of 35 to 4
miles per hour. His lights were dimmed to
city driving intensity. He first observed
decedent when he walked into the cone of
light projected from the automobile. There
is no definite statement as to the distance
the car was from the decedent at the tim
defendant first observed him crossing ip
front of the car. On examination by plain-
tiff’s counsel defendant estimated the dis-
tance at roughly 19 steps or 57 feet. The
testimony of defendant’s two companions
as to the proximity of the decedent to the
automobile would lead one to believe the
distance was less than that estimated. But.
taking the estimate at its face value, and
noting the speed of the automobile, it would
have been impossible to halt the car prior
to the impact. At 35 miles per hour defend-
ant would travel about 39.25 feet during his
reaction time before the brakes were ap-
plied. After application of the brakes,
assuming they were “good” brakes, the car
would travel another 63 feet before coming
to a halt. (Figures from a publication of
the Utah State Highway Patrol.) The total
stopping distance would be 102.25 feet,
45.25 feet more than the 57 feet available.
It seems clear that defendant could not have
avoided the impact by the application of
his brakes.

Being unable to stop, defendant coul.
but attempt to maneuver the car so as t
avoid hitting decedent. In answer to the
question, “And what did you do if anything
when you saw him [decedent] ?” defendant
said, “Well, I could see him stepping to the
west, so I immediately swerved the car to
the east, which would have been my Ieft.”
The clutch was depressed. The brakes
were applied. A reasonable mind could not
conclude that defendant was negligent in
failing to utilize his then existing ability
to avoid harming decedent, if he had any
such ability. It was as reasonable, if not
more reasonable to turn left as to tum
right. Defendant seemingly did all in his

STATE v. NEAL

et De ett che een Alen ab att Rte tn Sma

Utah 1053

Cite as 254 P.2d 1053

power to avoid harming decedent. Certain-
ly there is no evidence that defendant had a
last clear chance to avoid harming decedent.
It was not error to refuse to submit the case
to the jury on the theory of last clear
chance,

Judgment is affirmed.
ent.

Costs to respond-

McDONOUGH, .CROCKETT, HEN-
RIOD and WADE, JJ., concur.

STATE v. NEAL,
No. 7813.

’

Supreme Court of Utah.
March 28, 1953.

Defendant was convicted in the Third Judi-
cial District Court, Salt Lake County, A. H.
Ellett, J., of murder in the first degree, and
he appealed. The Supreme Court, Wade, J.,
held that the evidence sustained the convic-
tion. ‘

Affirmed.

1. Homicide €=253(1)

Evidence sustained first degree murder
conviction.

2. Homicide C>156(2)

In prosecution of defendant who al-
legedly killed a police officer while at-
tempting to escape from custody, testimony
that defendant had stated, while leaving
scene of shooting, that he had just shot
a man and that he had a gun were ad-
missible as tending to show his purpose and
design to use gun to extent he thought
necessary in order to effect his escape and
as showing that he had formed such pur-
pose and design in making his escape from
officer’s custody.

3. Criminal Law €=382

Evidence of any fact which rationally
tends to prove any material issue is ad-

I. State ve Scott, 111 Utah 9, at p. 20, 175
P.2d 1016, at p. 1021; State v. Nemier,
106 Utah 307, 148 P.2d 827

missible unless forbidden by some specific
tule, and should be received if offered for
an admissible purpose although it would be
inadmissible if offered for some other pur-
pose.!

4. Criminal Law €=406(1)

In homicide prosecution, testimony, that
defendant had stated, while leaving scene
of crime, that he had just shot a man, was
admissible as admission contrary to defend-
ant’s claim as party to action.

5. Criminal Law €=37I(I, 12)

Evidence of other offenses is excluded
only where sole purpose is to show defend-
ant’s propensity for commission of crime
and rule of exclusion does not include cases
where purpose of such evidence is to show
defendant’s intention or design or motive
for commission of crime charged.”

6. Criminal Law ¢>1169(3)

Where defendant, in prosecution for
slaying officer while attempting to effect
escape, freely admitted, both on direct
and cross examination, that he had com-
mitted many felonies, both before and since
he was last in custody, it was not error to
permit the district attorney to ask defend-
ant if he had not committed four robberies
in another state within six days prior to
shooting.

—>___—_

Edward M. Morrissey and Arthur A.
Allen, Jr., Salt Lake City, for appellant.

Clinton D. Vernon, Atty. Gen., J. Lam-
bert Gibson, Deputy Atty. Gen., Allen B.
Sorensen, Asst. Atty. Gen., QO. L. R. Al-
ston, Asst. Atty. Gen., and Bruce S. Jen-
kins, Asst. Atty. Gen., for respondent.

WADE, Justice.

Defendant, Don Jesse Neal, appeals from
the jury’s verdict of murder in the first
degree and the death sentence, contending:
(1) That the verdict is not supported by the
evidence because (a) with his hands cuffed
behind him he could not have fired the
fatal shot and (b) he could not have formed

2. State v. Scott, 111 Utah 9, at p. 20, 175
P.2d 1016, at p. 1021; State v. Nemier,
106 Utah 307, 148 P.2d 327.

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The’ Streator Chevrolet. foreman ‘was
R. W. Fish, and it occurred to-him, as it
did to many others, that a garage offered
many hiding places, especially in dark
corners where cars might be parked in
permanent storage.

Fish decided to make sure that the cop
killer wasn’t finding refuge anywhere on
the premises under his jurisdiction. De-
spite the risk involved, Fish. boldly started

t making a close search of the quarters.

He knew that a garage was just the place
for a fugitive to hole up in. Once it was
dark, and the place locked for the night
be would have saws and files to cut loose
the handcuffs that shackled him, and then
leisurely choose a car for a break-out and
escape run. Now, as Fish saw it, was the
time to make sure. Several officers were
very close by, and there’d be no lack of
help, if needed. ~
‘His bold actions brought: one phase of
the investigation to a‘ close with better.
luck than anyone had hoped for. Walking
through the crowded paint shop, Fish
found himself face to face with the gun-
man. Neal, with the .32 menacing the
garageman, said: “Just sit down and keep
quiet, or you’re dead!”
Fish moved so quickly that it must
have taken the fugitive by surprise, and
leaped unscathed through a side door
which he slammed after him and locked.
In half a minute his warning - shouts
drew half a dozen patrolmen with drawn
guns to the garage, which was surrounded.
The pay-off. was an anti-climax. Cold-
blooded killer that he was with odds in
his favor, Don Jesse Neal turned craven
/coward when it came to the showdown.
Cringing like a whipped cur, and scream-
ing for mercy, he threw down his gun and
came crawling out whimpering, “Don’t
shoot me! Don’t shoot me! I give up!”
The men closing in first for thé actual
arrest were W. W.. Myers and W. C.
Campbell, followed soon. by others.
Rushed to headquarters and booked,

he refused to identify his woman: com-
panion other than to say that he thought
her name might be Stephenson, one of
his own aliases, and that he’d met her in
Reno.

He stated that Farley had placed them
under arrest and put handcuffs on him,
and then climbed into the car to drive
to headquarters. he said that the gun had
been in his front pants pocket and that
he drew it and shot Farley without arly
warning. He was lodged in jail.

Police Commissioner Lingenfelder, Chief
Crawther, and Detective Chief McGuiness
held a conference over the data. New
orders were issued* demanding renewed
intensity in the search for the woman. '

It was the consensus that Neal was
lying about the gun. Sergeant Farley was
just simply too good an officer to have
not frisked a known gunman, and done
so thoroughly.

’ “Until evidence may prove it an erron-
eous presumption,” the police leaders told
‘their men, “we must act on the assumption
that the ‘missing blonde is a ‘pitcher’, in
gangster parlance—that is, a gun carrier
for a killer. So if Neal is picked up, he
can’t be charged with carrying a weapon.

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“This may not be the case, but the
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robbery in Ogden, and must be considered
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mission to drop all other work until the
woman had been located, and were au-
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details from the understaffed police force,
but only if necessary, because there weren't

Neal made no effort to deny his guilt. But,

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1054 Utah 254 PACIFIC REPORTER, 2d SERIES

a deliberate and premeditated intention to
kill for the shooting occurred during a
scuffle; and (2) that inadmissible evidence

” was received.

About 2 p. m. of May 23, 1951, Owen T.
Farley, a Salt Lake City police officer,
arrested the defendant near a car, which de-
fendant had been using, which was parked
at the curb on the west side of State Street
near the east entrance to Auerbach Com-
pany department store. After searching
and handcuffing his hands behind him, the
officer placed the defendant in the middle
of the front seat of the car between defend-
ant’s woman friend, a Mrs. Tully, on the
right hand side and the officer under the
wheel on the left hand side. The officer
Started the car, backed it out from the
curb, made a “U” turn to the north and
started toward the police station, As they
proceeded across the intersection of State
and Third South Streets, a scuffle com-
menced between defendant and the officer
in which the officer was fatally shot and
the car stopped by colliding with the rear
end of a car which was parked on the east
side of State Street a few hundred feet
north of the intersection. Whereupon, Mrs,
Tully got out of the right hand or east
side door and disappeared into the crowd.
The defendant and the officer continued to
scuffle and defendant was heard to shout,
“If you want another one I'll give you one
more.” The officer fell head first out of the
right hand or east front door of the car
and the defendant who although almost out
of that door drew back into the car and
slid to the left hand side under the wheel
and got out on that side and went across
the street. A mail carrier and another po-
lice officer who rushed to the officer’s aid
before he lost consciousness heard him say
distinctly: “I am a Police officer.” “He shot
me.” “Call the Department.” The officer
was removed to the hospital where he died
a few hours later from a bullet wound
which entered his body slightly above and to
the right of his navel and came out slightly
lower and on the left side of his spinal
column.

After the defendant crossed the street
he ran toward the south until he came to
the northwest corner of State and Third

South Streets. He was carrying a pistol
in his hands which were cuffed behind him
and partly covered by his coat. He board-
ed a bus which was stopped at that corner
taking on passengers edging his way in
ahead of other Passengers and threatened
the driver, saying, “Get this thing rolling.”
The bus started toward the south and as
it began slowing up to stop at Fourth South
Street the defendant again threatened the
driver saying, “Keep moving. I just shot
a man.” The driver drove to the nex:
crossing at Fifth South Street before
stopping where the defendant got off at
the A & W Root Beer stand where he
approached a woman seated in a parked
automobile and ordered her out of the car.
When she questioned him he said, “I have
a gun here and I’ll shoot you if you don’t
do what I say.” The defendant objected
to the admission in evidence of these state

ments.

From the parked car defendant ran wes:
toward Main Street into an alley where
he entered an automobile dealer and re-
pair shop, where he threatened one of the
employees with the pistol. By that time
he had worked his body and legs through
his hands so that they were in front of
him. Shortly thereafter, policemen
swarmed in on the place and he was cap-
tured after he had thrown his gun into
a sink.

The jury could reasonably find from the
evidence that all reasonable doubt that
defendant shot and killed the officer was
eliminated. The evidence shows that at
the intersection the defendant and the
officer were scuffling. It would be unusu-
al for him to start a scuffle with the
officer, hand-cuffed as he was, unless he
had the gun with which he intended to
Overpower the officer. Defendant’s claim
that there was no scuffle until just before
the shot was fired and the car collided with
a parked vehicle, when the officer sudden-
ly leaped out from behind the wheel in
front of defendant facing directly toward
the east where he was shot from that di-
rection is obviously unbelievable. The only
possible inference from that story is that
Mrs. Tully threatened the officer with the
gun and as he got in that position trying

STATE v. NEAL Utah = 1055
Cite as 254 P.2d 1053

to take the gun from her she shot him. It
would be almost impossible for the officer
to suddenly leap to that position, and if
she threatened him his training as an of-
ficer_ would certainly teach him not to
expose the whole front of his body to gun-
fire when he could have protected him-
self by keeping the defendant between him
and her. His story that after the woman
had left the car he felt the pistol land on
the seat near his hands and that he auto-
matically picked it up or it got caught in
his fingers is also preposterous.

On the other hand, the woman’s testi-
mony is not improbable, and if true the
defendant did the shooting. She testified
that shortly after the officer had backed
the car out from the curb and started to the
north, the defendant Started the scuffle,
that he first seemed to reach for something,
(probably reaching his hands which were
cuffed behind him into the space between
the horizontal and upright seat cushions and
got the gun) then he began shoving his
back against the Officer, leaving a space
between the defendant and her. This would
bring his hands with the gun against the
officer. That the officer turned the front
Part of his body toward defendant which
would bring defendant’s hands holding the
gun right in the officer’s stomach where the
bullet entered his body. At that point
she testified that she heard a shot and the
officer lost control of the car and it collided
with a car parked at the curb, and she
opened the door and got out of the car and
went into a nearby hotel. There is noth-
ing about this testimony that requires any
impossible physical feat or which the jury
could not reasonably believe,

There is evidence that the defendant
twice asserted that he shot the officer.
Two mail carriers on the street as the
collision occurred heard the defendant shout
during the scuffle: “If you want another
one I'll give you one more.” Under the
Surrounding circumstances this was an as-
Sertion that he had shot the officer and a
threat to shoot him again. Also his state-
ment to the bus driver to “Keep moving,
I just shot a man.” under the existing
conditions was a direct Statement that he
shot the officer. Also, the officer before

he passed out was heard by one of the
mail carriers and a police officer to say
distinctly “He shot me.” Defendant does
not deny that he carried the gun with him
away from the place of the shooting, and
threw it away shortly before he was re-
captured. His only explanation is an in-
timation that Mrs, Tully shot the officer and
then placed the Pistol on the seat beside
him as she left the car and he automatically
Picked it up or that it got caught in his
fingers. This would require her to shoot
the officer with cool deliberation although
he testified that in the motel holdup the day
before in Ogden she was so upset and
nervous that she was unable to operate the
cash register and take the money. Con-
sidering all the facts and surrounding cir-
cumstances, the finding that defendant shot
and killed the officer is amply supported by
the evidence.

[1] The evidence also reasonably sup-
Ports a finding that the defendant formed
a cold, deliberate and premeditated intention
to kill the officer. The fact that there was
a scuffle at the time of the fatal shot does
not show the contrary. Murder in the
first degree is often committed during a
scuffle. Here the evidence tends to show
that after defendant was arrested, hand-
cuffed and placed in the car, he deliberately
reached between the seat cushions and got
the gun, then maneuvered himself into
Position so he could shoot the officer, which
he did without hesitation or warning. He
had plenty of time to plan his course before
he got the gun in his hands and from then
on he seems to have operated according
to his plans until he had shot his way tem-
porarily out of custody, without even giv-
ing the officer an Opportunity to comply
with his wishes without shooting. The evi-
dence is clearly sufficient to support a find-
ing that this killing was intentional and the
result of cold, deliberate and premeditated
planning.

[2,3] The court did not err in receiving
in evidence the testimony of the bus driver
that defendant threatened him with his gun
and said, “Keep moving. I just shot a
man.” nor the testimony of the woman
seated in the parked car that he threatened
her and said, “I have a gun here and I'}]

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MURDER
THUMBS
A RIDE

Don't play along with hitch-hikers. They

may stop your kind heart from beating!

’

¥

4

i
-

4

Paut ‘Schneider; “hitefichiker |

who killed three garage men.

'

By Capt. C. K. KEETER

Ogden, Utah, Police Dept.
As told te Bob Arentz

Author of the following true
story warns friendly drivers.


32

- I've got to be on the job day after to-

morrow, but I'll either fly back and pick
it up or have you sell it for me. Depends
on whether I can buy another car on the
west coast or not.” ;

This was while cars were scarce follow-
ing the war, and both Stallings and the
garage man agreed it seemed a_ logical
idea.

Then Mares turned to Stallings. “I’ve
got to head west anyhow, Sailor, why not
let me share your expenses on that car.
I'll buy half the gas and we can save
money by taking turns and driving right
along all night.”

It was late evening then, and_this
sounded like a good idea to handsome
young Jack Stallings. Mares was a young
man, too, and the fact that he was driving
a big Packard, and heading for a job also
helped the sailof.decide that Mares might
be a good guy to know out there in
California. After his navy career, Stall-
ings was looking for a job also.

What Jack didn’t know, what the gar-
agemen didn’t know, and what you can
never tell about a hitch-hiker was that
Elisio Mares had a long record as a juve-
nile delinquent, that the fancy Packard
was a stolen car which had temporarily
broken down because Mares had over-
driven the road getting away with a hot
vehicle.

Stallings also didn’t know that Mares
was carrying a gun in his pocket and was
a psychopathic killer with a car mania.

That's something you can’t tell, either,
about the hitch-hikers you see along the
road. They don’t have any buttons on
them that say, “I need the ride and can

‘be trusted,” or, “I’m a dangerous killer

and I hate your guts just because you have
a car and I haven't.”

And believe me, I’ve seen enough mur-
derers to know that you can’t spot them
by looks or. by their talk. The coldest
killers I’ve known are just the kids you’d
pick out of a police line-up as “nice young
men who: need a helping hand.”

That night, about three in the morning,
Stallings and his “friend” stopped beside
the highway in Echo Canyon, Utah.

Stallings stepped outside the car for
a moment and Mares stayed inside.

He drew a .32 caliber revolver and slyly,
secretively and without provocation, shot
the young navy veteran in the back of the
head, killing him instantly. He threw the
body in a canal later and drove on into
Ogden where he sold the car the next day
and collected. a telegraphic money order
that had been sent there for Jack Stallings.

Then he took off—hitch-hiking as usual,
leaving another young man in the danger-
ous and unhealthy position of driving (and
having paid for) the car of a. murdered
man, whose body was found a few ddys
later in the vicinity of Coalville, Utah.

' It was this innocent fellow who was
arrested in Logan with Stallings’ car a
month later, and charged with suspicion
of murder. Fortunately, he was able to

James Roedl executed for hitch-
hike killing of Abagail Williams

** rece

Fee
.
*Seeeseceeerens,

{


‘TER
ept.
tz

true
ivers.

Psychopathic killer Henry N.
McCandless murdered motorist.

OU say he’s a nice looking kid? He’s young? Fairly well,
dressed? Maybe in uniform?  He’s got his thumb sticking
out, standing there beside the highway, asking you to let
him in your car. Asking you to allow him to intrude on
your journey.

If he came to your office or your home and asked to be let in,
you'd probably deny his request. Why let him in your car, then?

Don’t let his looks fool you. The “best looking” ones are
sometimes the deadliest. At least one. out of five is a marginal
risk, 30% of them have psychotic leanings of one sort or other,
and 10% of them are downright dangerous—deadly. If not to
you, then consider yourself luckier than the next man. Luckier
than Jack Stallings who was murdered in ‘cold blood for an old
car near Echo Canyon, Utah.

Stallings was a 21-year-old navy veteran on his way to Los
Angeles. He met Elisio Mares, of Colorado, at a garage in Raw-
lins, Wyoming. Mares was bemoaning his bad luck.

“That doggone car of mine,” he told Stallings, “It must be the
brother of the famous One Hoss Shay—just falls apart all at once
on me. And, at the worst possible time, when I'm on my way to
a new job and short of funds.” .

Mares turned to the garage owner. “I'll have to leave it here
for now,” he said. “You get it fixed up right and running good.

Frank J. Ford was one of Paul Schneider’s victims.

ee Tie


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al

pene

‘through the state.

clear himself but the experience so in-
censed him that he swore to “get” the
killer.

He haunted Ogden’s tavern row on 25th

street for night after night and finally he
spotted the phony “Jack Stallings” who
had sold him the stolen car. Mares had
drifted back in via the highway and his
thumb, returning to Colorado.

If he had killed another motorist or two

in the meantime, their murders are still
unsolved, for we could never trace back
his route. Mares was arrested on the in-
formation from the first suspect and on
questioning he confessed ‘the crime.

He was found guilty of first degree
murder and is still on “death row” of the

Utah state pen sentenced to die before
a firing squad and living on borrowed time
that his lawyer has won through con-

tinuing delays and appeals.
Meanwhile, he’s no exception. . It keeps

on happening day after day.

Just sitting here without referring to
records I can think of so many cases it
almost «frightens me. A young man. was
shot to death in the center of his home
town, Richfield in southern Utah, An-
other killed at Beaver in a service station
by. two young hitch-hikers. A Mrs. Wil-
liams from California murdered for a
1929 Model A Ford near Vernal, Utah.
Charles Cairns, a prominent Idaho sheep-
man murdered by a hitch-hiker he had
hired and befriended. A well known young

Salt Lake salesman killed by a hitch-hiker

near Iron Springs west of Cedar City. An
Iowa business man slain at Cokeville,
Wyoming by Don Wilde, a paranoic killer
he had picked up by Pine Bluffs. Five
murders committed in late years in
Nevada by persons who were hitch-hiking
Four in Wyoming.
Seven in Colorado that I can think of off
hand. Is there no end to it?

You bet there is. The end is when you
stop picking potential murderers up.

Also, when state police organizations
are given the men to handle the jobs
properly, and the full authority of law to
arrest all hitch-hikers on sight.

Admittedly, this will be rough on the
college boys hitching home for holidays,
but not half as hard as the murders are
on the families of men who stop for killers
under the misapprehension . that they are

- picki

hitch

ng up innocent students. But some
-hike killers are.college students, too,

and don’t forget that, either.

The most dangerous ages in hitch-
hikers are between 16 and 24. Those
“kids” you tend to feel sorry for,
especially if they are wearing part of a
uniform. You think “a soldier just out of
the army, I'll give him a lift.” Don’t for-
get that a lot of them are AWOL, or army
prisoner escapees; and that uniforms can
be bought cheaply anyplace in the USA.

Contrary-wise, the safest group on the
road are the older men—hobos, or
transient workers on the move. They are
usually dressed in (Continued on page 65)

Le Roy Ritchey was partner of
Roedl and is now in jail for life.

x


ee

some money, and you were sentenced
to serve from one to five years for
burglary and six months for larceny.
But.the parole board let you out be-
fore you finished your minimum term.
You got a job with the Berrys, but
Mrs. Berry saw right off that you
were a thief. So her husband dis-
charged you. You got another job and
started taking things there, and you
were fired.

“You felt that if it hadn’t been for
Mrs. Berry you might have kept your
job, and you resented it. You swore
you’d get even with her some day.
You knew that Mr. Berry left the
house every Sunday morning to get
the Sunday’ paper and you figured

that would be a good time to kill his

wife, so you left your house early
yesterday and went to the Berry’s.
You remembered that Mrs. Berry
kept her stirring stick on a nail on
the tree back by the spring, so when
you got to the front door you walked
back and then all the way to the tree
to get that stick. It was rainmg yes-
terday morning, and you got your feet
muddy so you made a nice clear track
all the way to the spring and back
to the house.

“The front door was locked, but the
back door was open, and you walked
right into the bedroom where Mrs.
Berry was getting dressed. You hit
her and hit her again, and you got
blood all over your own clothes. After
she was on the floor, you kept on hit-
ting her, and then you cut across the
back to the field and some distance
away, you threw away the stirring
stick, but you didn’t think of wiping
off the fingerprints you left on the
stick.”

He paused. The man in front of him
said nothing. Benton continued:

(Continued from Page 27)
Salt Lake. When he was through, a
lengthy wire had arrived from the
Alameda County authorities.

The victim had been identified as
Mrs. Agnes Abigail Williams, of San
Leandro, California, where she had
been a schoolteacher. She had had a
gray model A Ford sedan.

Her sister, Mrs. May Weddle, also
of San Leandro, reported Mrs. Wil-
liams had been en route back to Cali-
fornia after a tour of the middle-
west to visit other relatives and:
friends. As far as she knew, Mrs.
Williams was traveling alone with

two dogs. Her second dog had license -

No. 31.

Mrs. Weddle had no way of know-
ing how much money her sister had
been carrying, but she reported that
Mrs. Williams had owned a very valu-

56

“The blood on that battling stick is
the same as Mrs. Berry’s. The finger-
prints on the stick are yours — we
found that out because you had‘a
criminal record.”

“But lots of people have the same
blood type,” Johnson protested: “Sup-
pose I did use that stick; you can’t
prove it belonged to Mrs. Berry, and
you can’t prove it was her blood.”

Benton smiled..“‘We can prove it
was Mrs. Berry’s stick, all right. You
know that everybody makes some kind
of mark on the stick to identify it.
Well, this one happens to have a let-
ter ‘B’ carved’ on it, carved by Mr.
Berry; himself.” He drew the stick
from a desk drawer.

“But that isn’t all,” the sheriff
went on. “You got your shoes all
muddy, and you made a perfect trail
with them. We took casts of the foot-
prints, and in your housé we found
the shoes you wore. They match the
casts. What’s more, they’re covered
with blood. I’ll gamble that it’s Mrs.
Berry’s blood. And I also found the
shirt you were wearing yesterday. It’s
covered with blood, too. Same thing
with the handkerchief you wiped your
hands on. That’s full of blood.”

“T had a nose bleed,” Johnson ex-
plained, weakly.

The telephone bell rang. Benton
listened a while, then hung up and
turned to Johnson. “I tofd you there
wasn’t any sense in my going to Eat-
onton. You didn’t get there until yes-
terday afternoon, after the officers
saw you at your house. When you

_tell a lie, be sure it’s a good one. It’s

too easy to get tripped up.”

A few hours later Johnson’s last
excuse—that the blood on his clothes
came from a nosebleed—went up in
smoke. The blood was of the same

= as ee aaa he

‘able diamond ring that she considered

a reliable source of money if she ever
happened to be short on ready cash.
She would often pawn the ring for
what she needed, and then redeem it
as soon as possible.

There was no way of knowing if
this ring had been in Mrs. Williams’
possession. when she passed through
Vernal. Snyder got in touch with Miss
Taylor, but the waitress could only
say that she did not recall seeing any
ring. “If it was really a good one,”
she said, “I don’t see how I’d have
missed noticing it while she was here
because I’m somewhat jewelry con-
scious and I admire nice things like
that.”

Armed with this information, the

FBI then made an estimate of the -

route followed as Mrs. Williams came

- west from St. Paul, since that was the

type as Mrs. Berry’s, and different
from his own.

“All right,.I did it,” Johnson ad-
mitted. “I went to the house to talk
to her. I didn’t intend to kill her; I
wanted to ask her to take me back.
I asked her to let me read the funny
papers, but she told me not to come in
because she was getting dressed and
Mr. Berry wasn’t there. She said I
should wait for him to come back with
the paper.”

He then decided to go to the spring
and get the stick, and rob the elderly
woman, he said, However, when he
entered the house he decided to hit
her. ;

* * *

ENTON obtained a written, signed

confession and moved swiftly. He
had so complete a case against the
19-year-old farmhand that an indict-

ment was returned the next day, and

on February 14, 1945, only ten days
after Mrs. Berry had been struck
down, he went to trial. The jury de-
liberated only six minutes and re-
turned a verdict of guilty of murder.
Johnson was sentenced to die in the
electric chair.

Sheriff Benton sighed, for he felt
that if the parole board had not re-
leased Johnson before the expiration
of his minimum term, the murder of
Mrs. Berry might not have occurred.
He. launched an investigation and a
Newton County grand jury, and a
De Kalb County grand jury, as well,
handed up presentments criticizing
the procedure of the parole board in
failing to consult local officials before
releasing convicts.

NOTE: (The names Richard Car-
son and Jack Starke, as used in this
story, are fictitious for obvious rea-
sons.)

last definite place where they were
able to establish her presence. The
higher class loan offices in all the
cities along the way were contacted
by detectives from several dozen
bureaus, and where available, the
FBI men made the search for some
place where Mrs. Williams might
have left the diamond ring.

Two weeks passed as the officers of
several western states laboriously dug
through clues and tips that invari-
ably ended in nothing.

In the meantime, Mrs. Weddle came
to Vernal and positively identified the
body as that of ‘her sister. Sdbbing,
the woman said softly, ‘““My sister has
a framed motto hanging on the wall
of her home in San Leandro. It says:
‘Be kind to strangers; they are all
Children of God.’ ”

Sheriff Snyder stared into space for

CERTIFIED DETECTIVE CASES


peveeraaetass

any place on the upholstery.

Leroy Edward Ritchey was scon
apprehended and placed in the jail
with Roedl. Roedl told Vetters that it
sure seemed odd to him the way Rit-
chey acted about the car.

Late on November 12th, Ritchey’s
fingerprints were found on the car,
and the presence of several crimson
spots were detected on the uphoistery
and the rubber mat.

Leroy Ritchey was formally
charged with the murder of Mrs.
Williams by Sheriff Vetters. The
sheriff told Ritchey that the evidence
against him was conclusive, and that
he might as well tell the truth.

Ritchey thought it over for a long
time and finally said, “Well, look,
Sheriff, I’ll admit I was in the car
with Mrs. Williams and all that, but I
didn’t kill her.”

“Who killed her, then?” Vetters de-
manded.

“Roedl,” Ritchey said simply.

“T thought he was mixed in deeper
than he admitted,” Vetters said. “He
told me that he met you in Wyoming,
and that you had the car then.”

“That’s a lie,” Ritchey said. “We
were traveling together.”

But James Joseph Roedl told the
sheriff a different story. “We started

‘from Grand Island, Nebraska, some

time ago and we hitched our way
west,” he said. “This woman picked
us up near Boulder Dam; she was
heading for San Leandro. We rode
with her a couple of days. I was asleep
in the back seat at night when I was
awakened by screams. I saw Leroy
beating her over the head. He threw
her out of the car, and we took her

(Continued from Page 23)

She broke for the first time. “Tell
me,” she said as tears’ welled up in
her eyes, “how is Ken—is he—?”

“Ken is resting,” the nurse reas-
sured her.

She winked back her tears, then
continued the story. “Ken got back in
the car—he was driving—he turned
off the main highway and stopped just
beyond the old Cary place. I told him
I was afraid of the shadows out there,
but he laughed at me again and said
the moon made it bright as day.”

“How long had you been parked
when the shooting took place?” Heise
asked.

. “About ten minutes. Ken got out of
the’car. He stood looking back. Then,
all of a sudden, he said, “Excuse me,”
and walked away. I didn’t see any-
thing. I was trying to turn the radio
on. Then I heard a shot. I looked
around ind saw Ken fall. A man was

60

valuables and continued west.”
Leroy Ritchey was brought forth
and RoedI repeated his story. Ritchey

scowled. “You’re nuts, Roedl. Look, .

Sheriff, he picked me up in that car
in Wenatchee, Washington, just a few
hours from here and brought me on
to the Coast. I wasn’t in Utah with
him; I don’t know a thing about this
murder.”

Roedl!’s eyes gleamed with hate. “I’ll
prove that you killed her,” he hissed
and turned to Vetters. “Ritchey was
fascinated by a crucifix she wore
around her neck. He took it from her
for a good luck piece... and he’s
carrying it now.” i

“Search him,” snapped Vetters.

Durgin went through Ritchey’s
pockets quickly and tossed a jeweled
crucifix on the table.

Leroy Ritchey looked at it weakly,
and then his lips closed. in a thin,
white line. He talked later to Jay
Newman in Salt Lake City, and re-
leased a grisly account of a. cold-
blooded murder, in which a love song
of a few years past proved to be the
dirge. ae

According to Ritchey’s signed con-
fession, the murder of Mrs. Williams
had been carefully planned. Roedl
gave the signal by singing a few
snatches from Love Letters in the
Sand, a romantic ballad which was
popular some years ago.

“Then,” Ritchey swore, “Roedl
started the attack by hitting Mrs.
Williams over the head with a ham-
mer.”

* * *

HE two men waived extradition

Tana were returned to Vernal, Utah,

“THE SERGEANT DIDNT Die In

running toward me.”

The girl squeezed her eyes shut for
a moment, as though she would force
from her mind the memory of the
sight.

She continued: “I could see by: the
moonlight that he had a pistol in his
hand. His hat was jammed over his
eyes. I was afraid to move at first.
Then I screamed. I tried to start the
car, but it wouldn’t go. He jumped
on the running board. The gun was
pointed right at my head. He pulled
the trigger and it clicked. He pulled
it again, but the gun didn’t shoot.
Then he jerked open the door. When
he did, I grabbed the gun and it broke
in two. Then he pulled out a knife
and started stabbing me. I grabbed
for the knife, too. That must have
been when he cut my hand. He yanked
me from the car, and I fell on the
ground. Just then the car started. He
turned it around and tried to run over

on November. 20th. James Joseph
Roed] came to trial before Fourth
District Judge A. W. Turner on Sep-
tember 27, 1943. He was found.guilty
of murder in the first degree and
Judge Turner pronounced the death
sentence. Roedl had the choice of a
firing squad or the noose, and he
chose the former.

Leroy Edward Ritchey was brought
to trial on October 9th and was
sentenced to life imprisonment in the
Utah State Prison at Salt Lake City.

Roedl’s counsel, Ray Dillman and
Calvin W. Rawlings, appealed to the
Utah State Board of Pardons, and
the condemned killer won a reprieve.

Both attorneys claimed they did not
condone, the slaying, but believed
their client should have equal con-
sideration with Ritchey who won a
life term by pleading guilty. The par-
don board reserved decision on the
clemency application.

However, the pardon board upheld
the verdict and Roedl died before the
firing squad on July 18, 1945.

Both men denied stealing Mrs. Wil-
liams’ diamond ring and the robbery
that motivated the brutal murder
netted them exactly seven dollars. No
one knows what became of the ring
because it never turned up during the
investigation. And somewhere, a valu-
able blue white diamond is waiting
for its owner to return and redeem it.

NoTE: The names Paul Behunin,
Leon Kap, Roy Anderson, Eve Taylor,
James Dolan and Myron Littlefield, as
used in this story are not real but fic-
titious to spare unnecessary enbar-
rassment to persons innocently in-
volved in this crime.

me when he drove away.”

The words were tumbling from her
mouth, as though the very act of de-
scribing the crime released her from
some of the horror of it.’

“I tried to find Ken, but I couldn’t.
Then I saw the lights of a house and
ran toward them.”

She stopped, then added, “That’s
all I remember about last night.”

The Sheriff asked only four more
questions. She told him she was nine-
teen and lived in Columbia. She could
offer no reason for the killing and
knew of no pre-arranged meeting
Scharnweber might have had on Tren-
holm Road. Heise, at a signal from
the nurse, who saw that the strain
of the interview was beginning to
weaken the girl, thanked her for her
cooperation and left.

From the hospital bed he sped
through the early morning traffic to
his office in the courthouse. Taylor

CERTIFIED DETECTIVE CASES


See

in moment. “She was a kind woman, I
know,” he said. “What other reason
would she have for picking up two
young men? And I won’t rest until
they’re caught,” he vowed grimly.

And so arrangements were_ made
for interment in the little cemetery
at Vernal: Special services were held
after dusk had fallen, and in the weird
vlow of lights strung to illuminate
the scene, Mrs. Williams’ last rites
were held beside the grave.

* * x

NOTHER. week elapsed before

there were any further develop-
ments *in the case. But then, two
young men driving a model A Ford
with California plates, stopped at:a
service station a hundred miles west
of Dallas, Texas..

They wanted their car serviced and
tried to trade an old tire for it. The
dealer refused, and they became furi-
ous. khe two men discussed it between
themselves, arousing the dealer’s sus-
picions more when he heard one of
them say, “Well let’s trade him the
ring for it.”

“That'd be sucker’s play,” the other
replied.

Finally, they scraped up the money
between them in small change and
paid for the gas and oil. The service
station operator thought about it all
day and decided that perhaps the two
men deserved investigation. He called
the local highway: patrolman and
passed along the information that the
men were heading east toward Dallas.

The FBI office in Dallas went right
to. work as soon as they were in-
formed of this startling development.
A pick-up order on the California
sedan was flashed on the air and all
roads in the vicinity were patrolled by
cars working in relays.

Before nightfall on the following
day, the two men were spotted in a
Ford on the. outskirts of Dallas and
immediately arrested on suspicion. At
headquarters, they said they were
James Dolan and Myron Littlefield
and gave their home address as a
town in the Salinas Valley, south of
San Francisco.

Pictures were taken and air mailed
to Vernal for identification, and the
registration.number of the Ford was
sent to Newman in Salt Lake City.

Agent Newman compared _ the
license with that of Mrs. Williams’
car and groaned dejectedly. —__

“That’s not the same car,” he said
in disgust. “The numbers aren’t even
vaguely the same. And I was almost
sure we had them wheg that first wire
came saying that the Ford had been
reported.”

The FBI man mulled the situation
over and over in his mind. He realized
that the plates were not necessarily a
reliable indication. They could have
been stolen. Surely, enough time had

58

elapsed for the killers to have made a
round trip and stolen different plates
in California before heading east once
more.

Newman wired back to the Dallas
office and suggested the license num-
ber be checked with the California
Registry of Motor Vehicles. This was
done and early the next day the re-
ports came back stating that the
registration plates were issued to
James Dolan for a 1931, model A Ford
sedan!

A check on Dolan’s activities dur-.

ing the past month was a matter of
two more hours,-and it proved that
both he .and Littlefield were com-
pletely innocent of any guilt in the
murder of Mrs. Williams. With the
profuse apologies of the law, the two
men were released at once, and the
hunt for the killers turned again to
the northwest.
* * *%

T was now nearly a month since Be-

hunin discovered the body of the
school teacher near the highway, and
the trail was cold as ice. Sheriff Sny-
der and Agent Newman could do
nothing but wait patiently for the
next break to turn up. And merely
waiting is the lawman’s hardest job,
for each hour the trail grows colder
and the killer gets farther away. And
after so long a time, only an unusual
twist of Fate will turn the trick.

And the unusual twist of Fate in
the Williams case came from an un-
expected source early in the morning
of November 8th.

At 3:15 a. m., Harold Ritchey of
Traceytown, Washington, came home
from a dance and found that someone
had broken into his house and had
stolen two rifles and taken his truck.
Ritchey reported the theft to Sheriff
Fred Vetters of Kitsap County at
Port Orchard, who immediately dis-
patched Chief Deputy C. H. Durgin
on the theft case.

When Deputy Durgin arrived in
Traceytown, the boy told him that he
suspected James Joseph Roedl, who
came there with Ritchey’s brother,
Leroy Edward.

Durgin called the State Highway

Patrol and asked them to be on the

lookout for a 1937 Chevrolet truck. In
less than an hour, Roedl was stopped
near Olympia with the stolen vehicle.
A suit of clothes and two rifles were
found in the driver’s seat.

Sunday afternoon, State Patrol
Sergeant Hurd delivered the prisoner
into custody of Sheriff Vetters who
lodged him in the Kitsap County jail.
During the ensuing four days, Vet-
ters checked Roedl’s actions since his
arrival a week before.

But what aroused the sheriff’s sus-
picions most was the prisoner’s com-
placency. Ordinarily, when a person
is arrested, he demands to see a law-

yer. But: not Roedl. He spent the four
days sitting on his bunk, smoking.
Sheriff Vetters surmised that the
heat must be on his prisoner for a
more serious crime, and that Roedl
had decided the Kitsap County jail
was a fine place for him to stay until
things ceoled off.

During his investigation, Vetters
discovered that Leroy Edward Rit-
chey and Roedl had arrived in town
ten days ,earlier, driving a car sup-
posedly belonging to Ritchey. How-
ever, no one had seen much of the
automobile. They evidently had
parked it out of sight somewhere soon
after arrival, and they had not been
seen with it again.

When Vetters learned from some of
the townspeople that the auto had a
California license, it reminded him of
something that sent him racing back
to his office at once.

“Durgin,” he said, “where are those
recent ‘flyers’ on’ wanted cars and
convicts and so forth?”

The deputy opened a file and pulled
out a sheaf of papers. Soon the sheriff
was looking at an FBI circular giving
the details of the Williams case in
Utah. The license number of the Ford
was included.

“I kinda think we’re on the trail of
something big,” Vetters told’ his
deputy. “We’ll just look around and
see if we can’t locate that car.”

But if Vetters thought he hada
cinch, he was wrong. He and Durgin,
with a score of deputies, searched
every private and public garage in the
locality, but they found no trace of
the car.

The sheriff finally asked Roedl
point-blank why he had not taken the
car He came in and he replied, “It ain’t
my car. Ed had it when I met him in:
Wyoming. I didn’t want to swipe my
huddy’s car.”

“Where is the car now?” Vetters
asked.

“T haven’t the slightest idea,” Roedl
replied. “The last I saw of it, Ritchey
seemed to want it out of sight for
some reason, though he said he didn’t
steal it. I think he took it out in the
timber along Puget Sound, but I’m
not sure.”

Thoroughly convinced that he was
on an important lead, Vetters notified
the FBI headquarters in Seattle, and
they sent two special agents to help
the Kitsap County sheriff follow the
lead.

It required two days of intensive
work, but they located the missing
Ford in a patch of heavy timber not
far from Silverton, Washington. On
it were the California license plates
belonging to Mrs. Agnes Abigail Wil-
liams. The car was impounded and
turned over to criminologists who
started lifting fingerprints and
searching for signs of human blood

CERTIFIED DETECTIVE CASES


been more fortunate, for he came
looking for the sheriff who was across
the street downing a cup of coffee.
“7. just talked to Roy Anderson,”
he told the sheriff, “and he was on
duty at the Standard station until
eleven last night. He definitely re-
calls.a 1931 Ford sedan with a woman
and two men in it stopping for gas
about nine o’clock. It had California
registration plates and he paid par-

ticular attention to it, because there _

were two dogs in the back seat. There
was a little white one that snapped
and barked at him when he stepped
near the door to get the money from

‘the woman. She paid the bill.”

Sheriff Snyder was half-way out the
door before Johnson finished, and the

two men went straight across the.

street to the service station in ques-

tion. The owner substituted one of the |

pit men for Anderson who went to the

Funeral Home with the officers. Sny-.

der cleared the room and then led An-
derson to the body. The garageman
looked carefully and scratched his
head in puzzlement.

“It might be the same woman at
that,” he said thoughtfully, “but I
can’t say for sure with her hair all
wild like that, and those bruises on
her face... .”

“Perhaps you could recognize the
dog?” Snyder interposed.

“T’ll always remember that pooch,’’ —

Anderson replied. “It has a big black
patch over the right eye and a little
black spot ‘on the tip of its left ear.”

The sheriff escorted Anderson to
his car. “I have the dog at my home,”
he explained. “It’ll only take a minute

.to find out if he’s the dog that was

with the woman and those two men.”

Several) moments later, Snyder
stopped before his house where the
dog was now quite at home,:and Roy

Anderson nodded affirmatively when‘

he saw it. ; .
“Sure, that’s the dog, all right.”
He went on to explain that the car

had driven in for gas and that he-had’

filled the tank. The woman had been
seated on the right, one of her male
companions in the middle, the other
driving. The woman did the ordering
and paid for the gas.

“It seemed as though the men were
hitchhikers the woman had picked up
along the highway and one of them
was driving to help give something
in return for the ride.”

“What did these men look like?”
Snyder asked anxiously.

Anderson wasn’t much help there.
Except that both men were dark-

complexioned, he could offer no other"

description. They did give the appear-
ance of both being of medium height
and weight, but they had been sitting
down, so it was not a reliable judg-
ment. ;
However, Sheriff Snyder phoned
into Salt Lake the description of the

CERTIFIED DETECTIVE CASES

car with the California plates carry-
ing two men and possibly one dog, and
it wasn’t long before police radios and
teletypes were spreading the alarm.
All highway patrols in Nevada,
Idaho, and Utah put blockades on the

roads leading into the states, but they -°

realized it was a long shot they had of
catching the wanted car this late. By
this time, hard driving would. have
put the car into the San Francisco
area where it would be lost in the
teeming traffic of the big coastal war
plants and shipyards.
* * *

HERIFF Snyder was anything but
optimistic when he related the

‘scant facts he had to the FBI men
‘when they conferred. But the G-men

were quite confident.

“We know the kind of car it is and
what state it came from,” one of them
told the sheriff, “‘and also the county
—from that dog license. It’s only a
matter of time until we’ll know just
about everything the woman has
done in the past month. And if her
killers are dumb enough to hang onto
that car very long, we'll have them
dead to rights.” :

The evidence accumulated thus far
was soon on its way to the FBI in Salt
Lake City and every FBI office in the

’ north and southwest was advised of

the brutal murder and the ensuing
manhunt.

Sheriff Snyder was back in his office
early on’ the following morning. Eve
Taylor; a waitress at the Morning
Glory, came to see him. “I think that
woman in the morgue was in our place
about 9:30 the night before last,’”’ she

FBI Agent Jay Newman
was called in on ‘the in-
vestigation by Uintah
County authorities.

a

said, “and there was a man with ‘her. .
They had sandwiches and cotfee, and
took a sandwich back to the car with
them, so I imagine they had someone
else waiting in the car.”

“Are you positive it was this wom- |

an?” Snyder asked.

“Definitely. That print dress. and
black coat are what I ‘recall most
about her. But the man was young

_and dark and pretty good looking. He
_ might have been the woman’s son.”

“Was he that young?” the sheriff
was surprised.

“He couldn’t be over twenty-five.”

“Did you notice which way they
were headed at that time?”

No,”
‘ “And did you hear them say any-
thing?”

“Nothing. They ate as if they were

in a hurry and then they left with the

extra sandwich.”

“Describe the man that was in the
restaurant,” Snyder suggested.

“W-e-ell—he was about five seven
or eight; had dark, real heavy, wavy
hair and large eyes—nice looking
eyes. He had kind of a round face,
with full lips and medium size ears.”

“That doesn’t sound much like the
face of a killer, does it?” Snyder

asked. 5

Miss Taylor admitted as much and
further stated there seemed to be no
animosity between the pair, except
that the man did seem somewhat im-
patient, as the woman sipped the last
of her coffee.

Snyder immediately telephoned this
information to Agent Newman at

, (Continued on Page 56)

DERI em.


o

‘Selby

.

‘Vigil Voices

Powys,

3°

Pros, Cons
Of Execution

.

5
3

28 By Mike Gorrell

2 af Tribune Staff Writer ~
.\ DRAPER — The mood on the hill-
: side overlooking the Utah State Pris-
‘ on was somber late Thursday night as
‘about 150 death penalty opponents
held;a peaceful vigil to protest the

execution of Pierre Dale Selby.
P¢ople held candles and conversed
in small groups about Selby’s im-
pending death in the prison execution
chamber across Interstate 15. They
lis to speeches criticizing capi-
tal punishment as barbaric and in-
consistent with the nation’s prin-

ciple
oe They did so knowing they were a
tiny; majority in a state in which nine
‘out of 10 people reportedly supported
Selby’s execution.
-~ Afew yards away, a smaller group
advocating Selby’s execution filled
‘balloons. They counted down the final
seconds before the 1 a.m. execution,
- released the balloons, and praised the
“event as “long overdue.”
~. Police had gathered in force on the
hillside, both in SWAT team uniforms
and/undercover, to prevent alterca-
f See A-4, Column 4

Unnamed newspaper sent by Father

With views on the death penalty as con-
trasting as night and day, activists stand a

5. et ss
& co ay a

—Tribune Staff Photo by Tim Kelly

somber vigil outside Utah State Prison,
where Pierre Dale Selby was executed.

ded. bh

ATO

d‘]

‘2

OLTeODe 7 6 a a m7 PSY waka ® .
LQ6T~ge-g Uo fYyegn fUuoTJOePUT TeUuqeT *HoOBTQ feTe&U SddeTg

-

~™ $150 death p

§
a i

x

\« -Three convicted killers went quietly

«ito their deaths Friday -while a fourth got
Ma last-minute stay on the busiest day for
rithe death penalty since the Supreme
Court’ allowed. ‘states to resume

vexecutions in 1976,

Wayne Eugene Ritter, 33, convicted

‘tif the murder of a pawnbroker, died in

‘TAlabama’s electric chair,

: we Pierre Dale Selby, 34, convicted in the
<“Hi-Fi” torture-murders of three

; {People and the maiming of two others,’ -

“wwas executed by lethal inje ti
iatak y jection. in

i: Beauford White, 41, who stood guard
awhile six people were shot to death ina
“robbery at a suburban Miami home, was

“electrocuted at Florida State Prison

“near Starke, 1/0", TR YAS AED by.
3 That brought to 90 the number of
dexecutions since the Supreme Court

“permitted states to reinstitute the death
-#penalty in 1976, 5:

<" It was'the nation’s first multiple-: :

execution day since July 8, when death
gpenalties were carried out in Texas and
“Mississippi. we

-*. The last. time three people’ were.
*executed the same day in the United

aStates was Aug. 8, 1962, when three -

‘people died in California’s as chamber
“said Watt Espy, a Fiskirchar from
‘Headland, Ala., who keeps records on
“apital punishment,
a Serial killer Gerald Eugene Stano, 35,
4who has claimed responsibility for
ikilling 41 women; had been scheduled
igOF execution in Florida at 1 p.m.
asFriday, but received an indefinite stay
s‘from a circuit court panel,
-* Carolyn Snurkowski, director of
<Criminal appeals for Florida, said the
«state intended to ask the Supreme Court
-'to dissolve the Stay. Stano’s death
= Warrant ‘doesn’t expire until noon
«iTuesday.
+: Supreme Court Justice Antonin
«Scalia, without comment, Frida

“Brejected the state’s re est to di u
{the tite: ” qu to dissolve

+, At Point of the Mountain, Utah, about
el enalty opponents held
slighted candles in silent probes? as Selby
+; Was executed. Nearby, 50 Supporters of
» capital punishment sang mock dirges.
a In Florida; only eight opponents and
«one death penalty Supporter turned out,
en Alabama, there was a Vigil near the
»igovernor’s mansion but no

i
!
!
!

“\demonstration near the prison.

killers die Friday|, §
an three st
4 The Maida sle 1737]

ates.

“chair in Alabama with a Smile anu

: Nearhben. joking with — to the last .
ing no final words. ;
Pine ace of executions. wor
assidy, director of the Flori

ite aetan on Criminal Justice, an

- fanti- enalty group.
: et te the courts will ate
ieases the attention nytt parent . : oe
i Nelson, p of th
hea af Victims and Empe 4
‘ Florida, said she believed wort a
‘ ipenalty was the best panishmen ghee’
‘ worst kinds of crimes when roa
‘applied with regularity
4 ity.
aa be no hope of ogee
‘ with the kind of time delays hte
‘ now,” said Nelson. The man who aa
: her ‘10-year-old daughter is on ‘s
Bets hare foyywhich Ritter an
‘condemned came at the,end " hepa
‘state crime spree in 1977. ag cae
“was fired by his companion, fy hn is.
‘Evans III, who was executed ! :
“Alabamain 1983. ss . ieee
Pi had threatened jurors during ;
as ‘trial and demanded the deat

voiced remorse and. +]:
‘ penalty. Later, ee ‘inal court

‘filed appeals

‘ pleadings were rejected Thursday-Gov. *

te the

«Guy Hunt declined to commu

a esite, condemned to die for the

torture murders
+a 1974 robbery a

singing hymns.and reading the Bible

‘Utah State Prison spokesman Juan’:

* Benavidez said.

: wledged forcing his,
cre 104 Sey Draue before i poe
‘ -victim was raped a

pains a a ball-point pen kicked into

‘victims to drin

another
‘his ear.

of three people during
t the Ogden Hi-Fi Shop, : -

"spent Thursday: fasting,. praying,

Sc

id the inmate
" den Gerald Cook said
veihed thi his remaining $29 be given to.

William Andrews, his accom

plice in the

i thing
: s. Asked if he had any
ae ts say, Selby told Cook, “Thank

syou, I’m just going to say my prayers.

‘* Shortly before 1 a.m., he w

‘strap

- ‘chamber and then injected with thr

drugs to put him to sleep, paralyze his
lungs and stop his heart.

The execution was Utah’s first since
Gary Gilmore faced a firing squad in
January 1977, ending a 10-year national
moratorium on the death penalty.

Like Ritter, White was not accused of
actually shooting anyone. He had stood
guard while Marvin Francois, who was
executed in 1985, and John Ferguson
killed six people. Ferguson is on
Florida’s Death Row.

Asked if he had any last words, White
shook his head and said, faintly, “No,

ped to a gurney in the death

as

ee


O MORNING ADVOCATE, Baton Rouge, La., O Fri. Aug. 28, 1987

£

€..

- Sg oN

4. executions in 3 States scheduled F riday

By The Associated Press

Lawyers pursued appeals Thursday
for four death-row inmates who could
be executed Friday in three states, an

unprecedented number since capital” °

punishment was reinstated in 1976, but
one convicted killer told kis lawyers to
give up.
..Wayne Eugene Ritter, 33, wa
scheduled to die shortly after midnight
in Alabama’s electric chair, and so-

called “Hi-Fi” killer Pj Dale Selb ¥
was to die by lethal jnjectionin Utah

after 1 a.m.

William Mitchell, 35, also scheduled for
riday, ostponed until Tuesday
because, authorities.said, his and three
other appeals could go before the same
federal appeals court in Atlanta. ~~
As of Thursday, 19 inmates had been
executed this year. The most in any year
since the landmark 1976 Supreme Court
decision that allowed resumption of
capital punishment was 21, in 1984.

In the only multiple-execution day
since 1976, there were two executions
on July 8, one:in Texas and one in
Mississippi. en

The 11th U.S. Circuit Court of Appeals

In Florida, Beaiiford white 41, and Fin Atlanta refused Thursday to grant

Gerald Stano, 35, ha
die in. \
White was granted’a reprieve until:
a.m. Friday, and Stano until 1 p.m
Fridays 230258 ult comme
The execution of a Georgia inmate,

lad been scheduled to “\Ritter a stay of execution. | «> -
chair Wednesday. But .:,.Ritter, who once demanded the death

penalty even though he wasn’t the

to commute his sentence to life.
The action Thursday-was Hunt's first
‘clemency appeal. . etiam
Despite Ritter’s wishes that his

ns _ attorneys drop the case, it was taken to

the U.S. Supreme Court. But the court
had not acted in the case late Thursday,
said Larry Childers, executive assistant

- to Alabama Attorney General Don

Siegelman: : ee
Ritter “believed he didn’t have a

chance to obtain a stay in the Supreme™
- Court so he preferred not to spend his:

“Jast hours on that question,” said his

_. attorney, David Bagwell.

-. ‘Ritter was sentenced to death for.a
1977 robbery in which a pawnbroker
was slain, part of a three-month, seven-

: sings sie bie | State.crime’ spree by Ritter. and
triggerman ina robbery-murder, gave’
up his fight for a stay. and awaited
execution after Gov. Guy Hunt declined.

triggerman John Louis Evans III, who

~ “Was executed in 1983,)0100 by.

At his trial, Ritter told the jurors: “We

Court and the Utah Supreme Court. aoe 1 : bo
“Selby was convicted of the torture.’ -month later by hunters. 4 See
‘murders of three people during a 1974: . Stano has told of killing:41 wome!
-¢ robbery-at the Ogden Hi-Fi Shop.:*.. = oes lone ve
_- >. Five people in the shop were forced to period of.a-dozen. years in‘Florid:
~ drink drain cleaner and each was shot in: Pennsylvania‘and New Jersey: He has”
the head.

did kill (the victim), so, really, the only
* thing you can come back with is the
‘death penalty.”

In Salt Lake City, Selby fasted and
read the Bible as his final appeals were
rejected.
~ The U.S. Supreme Court by a vote of
6-2 denied Selby’s appeal for a stay of
execution after the 10th U.S. Circuit
Court of Appeals twice denied similar
petitions earlier Thursday.

~ US. District Judge David Sam also
refused to block the death sentence.

. Since,1975 Selby’s appeals have been

denied three times by the U.S. Supreme

~-/ ‘choked in 1973. Her body was found a

‘mostly hitchhikers and loners, over.

If the sentence is carried out, Selby,
34, of New York City, would be the first
person executed in Utah since Gary
Gilmore was shot by a firing squad 10
years ago..

In the case of the Florida death-row
inmates, the 11th Circuit in Atlanta
scheduled arguments on Stano’s appeal
for Friday morning, but on Thursday it
rejected: White’s appeal. The U.S.
Supreme Court refused late Thursday to
block the execution. 2%). 0.55. ooo

Stano was sentenced to death for the
slaying of a 17-year-old Port Orange,
Fla., hitchhiker who-was stabbed and.

Ma

received six life terms and three death

sentences in nine slayings. 5

White was condemned for his role in
the killing 6f six people during a robbery
in the Miami suburb of Carol City in
1977. One co-defendant died in the
electric chair on May 29, 1985, and a
second remains on death row.

The-Georgia Supreme Court refused

‘Thursday to stay Mitchell's execution,

and his attorneys filed an appeal in
federal court. Authorities rescheduled
his execution date for Tuesday because
the case and those of the two Florida
inmates ‘all:were to go before the
Atlanta appealscourt..- = | |
US. District Judge Dudley H. Bowen
Jr. of. Augusta scheduled a Friday.
morning hearing to consider the request
or a stay of execution... =<) 2

Mitchell was convicted of killing a 14--
year-old diring a'robbery in Sylvester,
Ga., in 1974, ‘


12D

O MORNING ADVOCATE, Baton Rouge, La., O Thurs. Sept. 10, 1987

Condemned La. man files

3rd appeal wi

By ROBERT MIMS. 3
Associated Press writer

SALT: LAKE CITY — William
Andrews, a Louisiana man condemned
to death 13 years ago for his role in
Utah’s infamous Hi-Fi Shop torture-
slayings, filed his last formal appeal
Tuesday with the U.S. Supreme Court,
his lawyer said. .

The appeal, mailed from Seattle by
Andrews’ attorney, Timothy Ford,

marked the third time Andrews has _

pleaded for his life before the high court
— and it came 12 days after co-
defendant Pierre Dale Selby, 34, was
executed by lethal injection at Utah

Shop,. ing the
ioe eee
survivors of the

— an

HED pel ten ened
Res
Fa

that it was Selby who did the shooting. .
Walker’s son, Stanley, and Naisbitt’s:
mother, Carol, along with Hi-Fi Shop
cashier Michelle Ansley, were killed.
“You're talking about a 19-year-old
kid who’s along for the ride, and

someone turns out to be a madman,”

Ford said in a recent telephone
interview.

Ford refused Tuesday to discuss
specifics of the appeal, which generally

‘will argue that in Andrews’ case the
- death penalty was unwarranted. —

Andrews, 32, of Jonesboro, La., has
acknowledged his part on forcing the
victims to drink liquid Drano, but has
steadfastly maintained that, while
Selby was shooting the victims in the
stereo store’s basement, he was waiting
outside in a getaway van.

Further, .Ford has characterized
Andrews as a follower victimized by a

nightmarish childhood in a large

poverty-stricken and fatherless family.

~ Atage 10, Andrews was kicked out of his _
-home, drifting around Louisiana and’

Texas before joining the Air Force. .

At the time of the robbery, Andrews
was afraid of Selby, Ford has said, an
assertion seemingly borne out by Ogden

~ police. Investigators who interrogated

Andrews shortly after the slayings

_ 4 reported that they felt he wanted to talk
- put would not because he feared Selby.

Shwe “Walker and Cortney, *% “Both Selby, of Brooklyn, N.Y., and ©
.\Orren, Walker an Minot Andrews were airmen at Hill Air Force

th high court

Base when the robbery took place. /

Andrews’ appeal moved again toward ©
the Supreme Court.in June, after the
10th Circuit Court of Appeals in Denver
‘denied his petition for a rehearing. The ©
appellate court earlier had rejected his
challenge to.the death penalty.

Andrews, who is black, had appealed
on the grounds that he was condemned
to die because of his race. Selby, who
died early Aug. 28, also was black.

The 10th Circuit’s decision came in
the wake of a Supreme Court ruling in
April in an Arizona case upholding the
death penalties of two brothers who
assisted in a jailbreak and later led
victims to a murder site, but did not pull
the trigger. ° .

The Arizona case was cited by the
Utah Attorney General’s Office in its
successful arguments against Andrews’
claims.

As for Andrews’ contention that his —

' sentence was racially motivated, the

10th Circuit supported prosecutors’
arguments that the Supreme Court had
ruled that, in “highly aggravated cases,

like petitioner’s, consideration of race is

not a factor that figures into the death-

sentence cipher.” ne

{

out the state, particularly in nearby

Ogden, where the cry is for retribu-
tion if not necessarily atonement.
“There is a universal feeling that
the scars will not heal until he is exe-
cuted,” said Flora Ogan, editorial
page editor of The Ogden Standard-
Examiner, who has written three edi-
torials this summer calling for the ex-

ecution of Mr. Andrews.

But prominent blacks in Utah say
racism is involved, and they note that
Mr. Andrews did not shoot the vic-

.| tims.

“We said nothing when they exe-

Associated Press
William Andrews, whose death
sentence in a 1974 murder case is
testing Utah’s ability to deliver ra-
cially neutral justice.

da 9

Blacks note tnat some wnite murs
derers had eluded the death penalty
in Utah, pointing to two cases. One is
that of Joseph Paul Franklin, an
avowed white racist convicted of kill-
ing two black men who were jogging
with white girls in Salt Lake City in
1981. The other is that of Mark W.
Hoffman, a Morman charged with
two murders in his scheme to sell
forged documents to the church in
1985.

Although the prosecutor fought
hard for the death penalty for Mr.
Franklin, the jury did not reacha
unanimous verdict for that penalty,
leaving the judge no choice but to im-”
pose the maximum prison sentence,
two consecutive life sentences. Mr.
Hoffman avoided the death penalty

through plea bargaining.

“We feel there is no justice until
everybody gets the same treatment,”

_ said Mrs. Henry of the N.A.A.C.P. “If

you give us the same treatment that.
you give everyone else, then you
won’t hear from us.”

But Ms. Ogan, the Ogden editor, |
said ‘“‘people are just outraged” at the
black position. ‘‘They have pitted
blacks against whites,” she said.

She also said suggestions that’
blacks face reprisals are ‘“‘wrong,
dead wrong — there have been no re-
prisals against blacks in Ogden.”

The Mormon church has reacted
with caution. But last Wednesday the
church’s daily newspaper, The
Deseret News, editorialized against
the charges of racism. “If Andrews - ,
and Selby had been white the court--
room verdicts would have been ex-
actly the same,”’ the newspaper:said.
“Given the nature of the crime, it is
impossible to imagine any other out-
come. That’s why trying to paint Utah
with charges of racism or prejudice
does not seem fair or accurate.”’

Don LeFevre, a spokesman for the

urch, said that it neither promoted
* discouraged the death penalty
‘hat the church welcomed every-
'o membership regardless of
1 ving “‘all the people of the
Ww ‘ye literal children of God.”

me ~


SELBY, |

Pierre Dale, black, leth. inj. Utah 8/28/1987,,,

THE NEW Y

ORK TIMES, THURSDAY, AUGUST 31, 1989

Salt Lake City Journal

1974 Case Still Strains

Race Relations in Utah

By ROBERT REINHOLD

Special to The New York Times

SALT LAKE CIT-Y
Aug. 27 — The pas-
sage of 15 years
hasdonelittleto ,
calm emotions
over the gruesome Ogden Hi-Fi Shop
murders in which two black men
poured Drano plumbing solvent down
the throats of four white people and
taped their mouths shut during a rob-
bery, after which one of the robbers
shot three of the victims to death.

Even now, the killings are testing
Utah’s ability to deliver racially neu-
tral justice and straining race rela-
tions in this overwhelmingly white,
conservative and Mormon state,
where blacks number only 12,000 in a
population of 1.7 million and where a
now-repudiated Mormon prohibition
against blacks in the clergy has left a
legacy of antagonism.

Historically, the Mormon church
has also taught the concept of ‘‘blood
atonement” for sins. Although that
concept is waning, Utah still permits
execution by firing squad for this rea-
son if the condemned person chooses
it. The alternative form of execution
in Utah is lethal injection.

/ @ e ®

One of the convicted murderers,
Pierre Dale Selby, was put to death
by lethal injection in 1987. But the
legal fate of his accomplice, William
Andrews, who did not pull the trigger
but did administer the Drano, has
proved more vexing.

Mr. Andrews, who is now 34 years
old and has been on death row longer
than any other man in the United
States, was scheduled to be executed
Aug. 22. But three days earlier the
United States Court of Appeals for the
10th Circuit, in Denver, ordered a
stay of Mr. Andrews’s execution,
pending further appeals. The action
has stirred emotions anew through-

cuted Selby, but we’re saying that no
one who didn’t actually kill should re-
ceive the death sentence,” said Al-

- berta H. Henry, president of the Salt

Lake Ctty chapter of the National As-
sociation for the Advancement of Col-
ored People.

James H. Gillespie, who has been
president of the N.A.A.C.P. chapter in
Ogden for 25 years, said blacks had
been harassed throughout the state
ever since the 1974 murders. ‘“‘We
should talk about how bad it is in Utah
for black people,’’ he said. said. ‘‘We
live in Mississippi West, and I’m from
Mississippi.”

While he did not attribute the racial
situation directly to the Church of
Jesus Christ of Latter-day Saints, he
linked Mr. Andrews’s death sentence
to the church’s influence.

Edwin B. Firmage, scion of a
prominent Mormon family who is a
law professor at the University of
Utah, said Mormons were unfairly

_ vulnerable to such charges because

of ‘‘our abysmal record of the past”’
on race. Mr. Firmage, who opposes
the death penalty in all cases, said
that church racism was a thing of the
past and that ‘‘the nature of the crime
was so heinous that I believe the cry

A triple murder is
testing the ability
to deliver racially
neutral justice.

for the death penalty would have been
very strong regardless of race.”
® : ® o

in that the
cts had not
only a cou-
e and road
area well
e driven in.
to indicate
re-planned
with loot.
anel trucks
contained
or persons” :
me. Every
1ances that
chile still in

ave gotten
in Warren
“Chances
| planned.
garage or
de the van

ie theory.
rested that
eplanas to
ive equip-:
first heist,”
out an in-
beries or

nt of
serial
dispose of,
fence or
a handling
vestigators
erings that
n one sec-
ad altering

iether the
had come
urpose of
ent.

had asked .
publicity
ns of the
harequest
iicle or the
e crime to

one obser-
*s by Mr.
2 graphic
ble to give
mn he had
arly noted
olack men
said it im-
cent for a

rim as if it B

originally

ace where
h accent,”
sobsen. he
1e press to
s, because
» strangers

aad “hop,

Bt en

they would probably have been around
for a few days to plan the robbery. “I’ve
got men out checking bars, cafes and
motels with the descriptions and asking
particularly about a black man who
spoke English with a French accent,”
Walker said.

“How about. gas stations?”
Jacobsen asked,

“We're covering those, too,” Warren
replied.

In the early evening as the intensive in-
vestigation continued, an incident was
taking place that was to provide a break
in the case. It was the kind of break detec-
tives pray for when faced with a difficult
investigation and no positive leads to
follow.

Two young boys were at the Hill Air
Force Base on the outskirts of Ogden.
They were going through the large trash
containers, searching for Pop and beer
bottles that could be turned in for refund
or sold to be recycled. The youths had
permission from the authorities at the
base to conduct their after-school self-
assigned jobs.

One of them, going through a trash bin,
found a wallet. There was ‘no money init,
but there were identification Papers.

“What do you think we ought to do
with it?” he asked his companion.

The wallet posed a problem. The
youths recognized that if they were found
with it, they might be accused of having
stolen it from one of the barracks. On the

Chief

, other hand, it might be valuable to

someone who had inadvertently thrown
it out with the trash and needed the iden-
tification papers in it. The simplest and
most expedient solution would be to
throw it back into the trash container.
“I think we ought to turn it in to one of
the guards,” one of the youths said.

: “Heck, if we turn it in they should know

-, wallet was that of

we didn't steal it.”
A short time later, Lieutenant Hymas
received a call from the office of the

= Special Investigation Division at the Air

Force base. The identification in the
Stanley Walker, and

; someone had recognized the name as the

> result of a television news broadcast

i about the murders

at the record store,
Hymas and Captain Warren, with

= several detectives, were on the base as

Pauickly as they could drive out from

eadquarters. There was no doubt about

m the identity in the wallet from a driver's
Es license, home address and business cards

ane

“We've got a good description of the
men we are looking for and an eyewitness
who can identify them,” Lieutenant
Hymas told the officer in charge of the
Special Investigation Division, “F inding
the victim’s wallet here pretty clearly in-
dicates the suspects we're looking for are
here.”

--~ The personnel files of all servicemen
living in the barracks near where the
wallet had been found were brought in.
None of the men had been reported
AWOL, so it was likely the persons they
sought were still on the base.

“Here’s one guy we will want to talk
to,” Captain Warren said as they went
through the files. It was the personnel
record of Dale S. Pierre, a 21-year-old
black man with a home address listed as
Brooklyn, New York, and his birthplace
as Trinidad. The birthplace, although
long under English rule, might account
for the slight accent Walker had noted.

“How do you want to handle it?” the
Special Investigation officer at the base
asked. “Is your witness able to come out
here and make an identification?”

Warren said that would be impossible.

. Also, he wanted to have Weber County

* Attorney’ Robert Newely present at the
time of a confrontation with the suspect.
Warren said that he wanted to be positive
that every legal technicality was followed
so that there would be no chance a
Suspect might escape prosecution by hav-
ing any of his legal rights violated.

By the timeN ewely arrived at the base,
the probers had focused on a second
Suspect. He was known to be a close
friend of Pierre and both men worked as
helicopter mechanics, He was William A.
Andrews, 19, from Dallas, Texas, but

i
4 F
i ; 4

Andrews remained cool and uncommunicative during close questioning by police

originally from Louisiana. Andrews was
said to answer

the description of the

huskier of the two bandit-killer suspects,”

The two men were brought to the

Special Investigation Division office,

where Prosecutor Newely

informed °

them they were being taken into custody.

on a charge of suspicion of robbery and *

murder and fully advised them of their.
legal rights, :
~ Shortly after the Suspects were taken to
police headquarters in Ogden, a third air-
man from the base

Statement,
knowledge
had not actively participated in them.

in which he said he had

Following the interview with the third ~~
a building in ©
which they claimed they found most of : ee
been taken dur-~ fae

man, detectives located

the equipment that had
ing the robbery of the Hi Fi Shop. They

’ learned the building had been rented only ~

hours prior to the time of the looting of
the shop and the Vicious slaying of the vic-
tims,

The following morning, in a statement
to the press, Prosecutor Newely an-
nounced he was filing Charges ot first
degree murder against Pierre and An-
drews. He said that three other persons

had been taken into custody who had

knowledge concerning the crime, but
they were being held only. as material
witnesses,

Then, on May 28th, a third man, Keith
Leon Roberts, of Ogden, was charged
with three counts of murder and
aggravated robbery in the record shop
case. Charges were also amended against
Pierre and Andrews to include counts of
aggravated robbery, o¢

21

came in voluntarily. © ’
The detectives said that he volunteered a > 3

deteyt

concerning the crimes but pe,

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“SSALT LAKE CITY (AP) — A fed "The order “was signed: Spy ude 1” eer
eral appeals court yesterday stayed -—~Monroe McKay-on. behalf.of fellowj—_

! the-execution of William Andrews" ~
is just three days before he was to die

7 by lethal injection for three 1974tor- =
‘. ture-killings « dubbed the “hi-fi mur- - Xx

ders.”

the stay for Andrews after failed ap-
peals in federal and state courts and —
—- the state Board of Pardons’ rejection 7

-- of his plea for clemency on Friday.-_~

Andrews has been on death row _
longer than any other inmate in the

country.

‘Defense attorney Robert Ander- ~

son. said Andrews had been in-
formed shortly after the order was
issued at about 10 a.m.
“He was very grateful and was
very relieved,” Anderson said.
«©  -The three-judge panel, which had
sii convened in Salt Lake City for a
‘~ hearing later yesterday, issued the
stay based on Andrews’ latest writ of
sa Napeas.corpus despiie a U.S. magis-_
trate’s Thursday recommendation

that procedural rules barred the

“¢ US. District Court from hearing it. -
~The document did not include a-
~——--reason.for_the stay, but said a more_

_ eral courthouse to get the order, de-- | ate
“-——A-three-judge-panel_of the 10th _“ojined-to-discuss it-except ta say, “I | pire
, U.S" Circuit Court of Appeals issued —-nave “some~thoughts,—but—f-really—|— :

“has been on death row for nearly 15-

them survived.

mined. The jury was all white;-both_}

Judges Stephen-Anderson=-and---
| pebby: Baldock. ~ see

ae te

r=" wallace, who had gone to the fed: |

don’t want tom make. a commen at
_ this time.” —— —— ;

“Andrews, 34, of. Jonesboro, La, |

~years for the slayings of two-women—
and a man during a robbery of the
Hi-Fi Shop in Ogden. Five people
were forced to drink liquid drain
cleaner and were then shot ios a of |-

His co-defendant, Planer’ ‘Dale
Selby, admitted he shot the victims
after Andrews left the store. Selby
was executed in August 1987.

In his writ, Andrews had argued,
among other things, that a mistrial
__ShoUIG have been de clared when a

juror found a note in-a restaurant

-<longer: than ‘any. other inmate. _

etal neediemieerneteerstaeeen nae diene ae ee

oo oes | ‘
1

_REPRIEVE FOR INMATE: A fed- \

7 : gina appeals court in Salt Lake ~

; City on Saturday stayed the execu-

‘ tion of William Andrews just three.

- days before he was to die by lethal ‘

"injection for three 1974 torture- !
‘killings. The 10th U.S. Circuit Court ‘

of Appeals did not mention a rea-
son for the stay. Andrews has been !

on death row for nearly 15 years, !

STN aaa ce

during | a lunch break saying, “Hang
the niggers.” The juror gave it to the -
judge; its origin “was never deter-~

oe am meee. a

8A “Sunday, August. 20 1989. _-gSan n Jose] woe! News

ee ee

|

_ detailed order would follow later.—~ defendants: were € black —

at

The Arizona Daily Stars~ :

~ “Tucson, Sunday, August 20, 1989
Se ee


They raped, they robbed, they tortured five victims
beyond belief. Then one by one, they shot each of the
victims in the back of the head, leaving them for dead.

_ The carnage at the store would go down in Utah history

_as the most brutal crime ever. What you are about

to read will make you shake Oe head in disbelief...

“ness the ss ai the Beautiful ee

‘woman bound beside him on the floor.

It was acrime so cruel and violent that
it sickened virtually everyone who
would later witness the crime scene. The
_ Ogden Hi-Fi. killings were so vicious
_ they shocked not only the state of Utah,
but grabbed headlines around the nation.

The Ogden Hi-Fi Shop was one of the
most popular stereo stores in Ogden, a
small city of 50,000 people about 30
minutes north of Salt Lake City. The
store carried the latest hit records, as well
as cassette players, turntables, radios
and other first-class paraphernalia for
stereo systems. It was located in the
downtown business district and was par-
ticularly popular among the younger
crowd.

A day or so before the April 22nd

robbery, the owner of the Hi-Fi Shop had -

gone to San Francisco on business, leav-
ing the store in the capable hands of
Stanley Walker, an electronics whiz who
kept: the shop running even when the
Owner was in town. The young Walker
was extraordinarily friendly and had an
easy way with customers. The owner had
also hired Michelle. Ansley, a pretty 19-
- year-old. The owner’s philosophy was
that a pretty face always attracted more
customers.

As Orren Walker was ordered to siton
the floor, he looked around the room and
recognized the others tied up on the
floor. Next to the stairs was a 16-year-
old boy who frequented the store and
- even worked there on and off. Michelle
Ansley was there, too. She had worked
at the Hi-Fi Shop only a week and the
fear in her eyes was evident. Michelle
had become engaged to be married
only two days before. And there was
Stan, tied up like the others.

Standing over them was a second
black man, this one much taller than the
first bandit. This second man was armed
with a small .25-caliber pistol.

The second bandit pointed the gun at
the elder Walker’s chest and ordered him
to lie on the floor with the others. As he
looked over at his son, the boy moaned,

30 Inside Detective

““*Why did you have to come down here,

dad?’’

All three young people were pleading
for their lives. The fear in their voices
was almost tangible.

‘“‘[’m just nineteen. I don’t want to

_die,’’ begged Michelle Ansley.

99

“‘We’re all too young to die,’’ said

Stan. The 16-year-old youth made simi-

lar pleas, his voice breaking with fear.
One by one they pleaded with the man not
to kill them, begging him to let them live,

to just take the stereo equipment and go.

The gunmen ignored the pleas of the hos-
tages, responding in a cold, business-like
manner. There was no question in every.
hostage’s mind that they were going to be
killed.

Moments after Orren Walker had tak-
en his place on the floor with the other
victims, the back door to the Hi-Fi Shop
was opened again, this time by a petite
blonde woman. It was Carol Naisbitt, a
close relative of the 16-year-old youth.

Stanley Walker, 20, was manager of the
Hi-Fi Shop when hideous crime occurred.
He pleaded for his life, but to no avail.

_ Naisbitt was immediately met at the top

-was Michelle’s and Stan’s turn. The

-other victims coughed and choked.

She had gone looking for him when he

didn’t return home for supper. She had
spotted his car parked behind the Hi-Fi
Shop and entered by the rear door to see
what was keeping him so long. Carol ©

of the stairs by the shorter gunman.
‘‘What’s going on here?’’ she demand-
ed. The gunman said nothing, waving
her down the stairs at gunpoint. As or-
dered, she took a position on the base- |
ment floor and was tied hand and foot as ~
the others had been.

Once that task was done, the shorter
gunman retrieved a bottle wrapped
in brown paper. Michelle asked the
man what it was and was told that it was a
‘*German cocktail,’’ a mixture of vodka
and a drug that would put them to sleep
for a few hours. The gunmen poured th
liquid into a plastic cup and handed it t
Orren Walker, ordering him to take it
and feed it to the others. Walker, who
had not yet been bound, made no move
to take the cup.

‘‘That’s when they laid Mrs. Naisbitt |
down and tied her,’’ Walker would later .
say. ‘‘Then they gave her a drink from |
the cup.’’ Then the 16-year-old youth ,
was forced to drink the liquid (later iden-
tified as liquid drain cleaner). Then it

shorter gunman returned several times to
refill the cup. The taller man poured the
liquid into the cup; the shorter man
poured it down the throats of the pro-
testing victims.

Orren Walker listened in horror as the

When it came Orren Walker’s turn, he
felt the liquid burn his mouth, but instead
of swallowing he let the liquid dribble |
out of the side of his mouth. |
‘‘The one man poured some more in
the cup and the other raised me up and
poured it in my mouth,’’ he would say |
later. ‘‘It stung violently. I thought it was @
hydrochloric acid. It was burning m@
mouth and I made up my mind I wasn’t
going to swallow it. I let it run out the
corner of my mouth and I started cough-
ing to simulate what the others had been

1
i
}
i
|
4
|
4

Weber County Attorney Robert Newey (I.) prosecuted killers and is angry it took 13 years for one killer to be exe-

cuted. Detective DeLoy White (r.), who led probe, and his sleuths broke case so fast that suspects had no chance.

essentially the same sounds, only weak-
er.”

‘Bowcutt requested more police offi-
cers to the scene and ordered another
ambulance. He returned upstairs and
spoke briefly with Orren Walker, who,
despite his gory appearance, was surpris-
ingly lucid and seemed to have suffered

relatively minor injuries. Walker gave

- the officers a description of the two gun-
men and the yellow van he had observed
parked at the back door. Orren Walker
was immediately loaded into an ambu-
lance and rushed to a local hospital. The
sooner he could receive treatment, the
sooner he would be able to provide more
exact clues to sleuths.

By the time homicide detectives ar-
rived, led by Detective DeLoy White,
the teenager and Carol Naisbitt had also
been removed to a local hospital. Carol
Naisbitt died within moments of her ar-.
rival; the teenager was still clinging to
life in the ‘intensive care unit. Michelle
Ansley and Stanley Walker were dead at
the scene, where their bodies were pho-

- tographed by crime scene technicians.
Officers noticed strange red burns
around the victims’ mouths, but had no
idea what they were. Doctors in the
emergency room had no idea either. It
was obviously something highly toxic,
-and it added to the grotesque death

32 Inside Detective

scene that had just occurred.
-**When I went into the room to view

the scene, I couldn’t believe what I had

seen,’’ said Robert Newey, the prosecu-
tor assigned to the case. ‘‘I couldn’t be-
lieve it had happened. It was very, very
grisly. It was so needless.’’ |

The three fatalities were taken to the
state medical examiner’s office in Salt
Lake City for autopsies. The medical ex-
aminer reported that Carol Naisbitt had
been killed with a .25-caliber weapon
and that Stanley Walker and Michelle
Ansley were killed by slugs from a
.38-caliber pistol.

William Arbuckle, a toxicologist with
the state medical examiner’s office, re-

ported that tests on all three bodies and on

the clothing revealed, ‘‘The burns on all
three bodies were consistent with having
been caused by the same agent—sodium
hydroxide.’’ The chemical alone would

_have been fatal within 12 to 24 hours, the
‘technician reported, but cause of death in

all three homicides was listed as gunshot
wounds. Sodium hydroxide, he noted,
was. common in high-powered cleaning
agents.

Toxicologists also.confirmed that
Michelle Ansley had been raped prior to
her death.

Homicide detectives had little to go
on. They knew they were looking for two

black men, one tall and the other short
and muscular. A police officer was sit-
‘ting at Orren Walker’s bedside, relaying
information to officers in the field.
Walker gave detectives what would later
turn out to be a valuable clue: The small-
er of the two killers spoke with a strange
Caribbean accent. He spoke very little,
but when he did the accent was distinct.

Probers also knew that two weapons
were used, a .25-caliber pistol and a larg-
er one. They also knew a yellow van was
used to haul away stereo equipment. The
Hi-Fi Shop had been ransacked of its
premium, most marketable stereo equip-
ment.

Initial attempts to locate a yellow van
driven by two black men were fruitless,
and police were settling into the long,
routine homicide investigation. There
were plenty of fingerprints in the store,
too many in fact. There were also plenty
of other pieces of evidence: bullet slugs,
cords and the ballpoint pen.

Officers began going through their file
books of: known criminals, but Orren
Walker was in no physical condition yet
to make proper identifications. Miracu-
lously, the bullets fired into his head had
missed his brain, as had the ballpoint pen
kicked into his ear. By the next day—
April 23rd—Walker would start provid-
ing detectives with exact details of the


SELBY, Dale Pierre, black,

OGDEN, UTAH
AUGUST 28, 1987

Stanley Walker may have looked and
acted like any other 20-year-old, but he
was different. Stanley Walker was an
electronics genius. Despite his lack of
formal training, Stan had developed a
sophisticated burglar-alarm sys-
tem—one he hoped to market. He lived

_ and breathed electronics. During the
\ day, he was the assistant manager of the

Hi-Fi Shop in Ogden, Utah. But as soon
as the shop closed at 6 p.m., Stan would
rush home to begin work on one elec-
tronics project or another. It was a pas-
sion, one that superseded everything else
in his life.

But on April 22, 1974, Stanley Walk- ©

er was late. Very late. ‘‘Stan was always
a prompt young man,’’ explained one
family member. ‘‘And he always had a
tremendous appetite. It was strange he
didn’t show up.’

It was particularly strange because
Orren Walker, 43, Stan’s father, had
been into the Hi-Fi Shop earlier that day
to discuss an electronics project. Stan
had told his father he would be home
right after the 6 p.m. closing so they

could work on the project together. They

wanted to get the burglar alarm ready to
market.
Stan’s failure to show up for supper

was so puzzling that Orren Walker de-

C9 ~Utah's most barbaric crime:

Leth, ite,

Carol Naisbitt stumbled into a robbery
when she stopped by the Hi-Fi Shop to
check on a relative. She was then shot.

cided to go looking for his son. Maybe

Stan had car trouble and needed a lift.

When the elder Walker arrived at: the
Hi-Fi Shop about 7:45 p.m., he noticed
the store lights were still on and a yel-
low-colored van was backed up to the
rear door. An amplifier and a couple of
speakers were stacked in the back of the

‘van. Maybe Stan was finishing up a big

sale that had kept him long after the nor-
mal closing hours, the father thought to
himself. He pulled open the back door
and walked into the shop.

The inside of the stereo shop was in

Utah, 8-28-1987

disarray. Several of the stereo compo-

- nents on display had been pulled from

the wall and were stacked in the middle
of the floor. He could tell only the finest
stereo equipment in the store had been

- stacked up. Was Stan loading up the best

equipment for an electronics show?
Orren Walker walked to the front of the
store but found no one and started to

_return to the rear of the business. There

was only one other place Stan could be.
Just inside the back door were stairs lead-
ing to a small basement room.

The elder Walker approached the |

stairs and looked down. He could see
that at the bottom of the stairs stood a
short, well-muscled black man waving a
short-barreled .38-caliber pistol. Sur-
prised, the gunman leveled the pistol at
Orren Walker’s chest and -demanded,
‘*What are you doing here, man?’’ The

man said nothing more, waving Orren -

Walker down the stairs with the gun.
There on the basement floor he found his
son, another young man and a young
woman, their arms and legs bound.
Orren Walker had unknowingly stum-
bled into a full-scale robbery of the Hi-Fi
Shop. Before the evening was over,
Orren Walker would survive being shot
in the head, strangled, forced to take
poison and then having a ballpoint pen
kicked into his ear. He would watch the
torture-killings of three people, includ-

ing his son. He would listen to the dying |

gurgles of the other victims who, like
himself, had been forced to drink liquid
drain cleaner. And finally, he would wit-

THEY FORCED
‘THEIR VICTIMS TO
DRINK DRANO,

_ THEN SHOT THEM!

vanuary,

‘Inside Detective

1988

a ee eT ET

doing,’’ Walker explained.

Sensing what Orren Walker had done,
the gunman refilled the cup and went to
give the elder Walker a second dose.
: eeing what the men were about to do,

@: younger Walker spoke up and said,.
“Give it to me.’’ Distracted, the tormen-
tor poured the liquid down Stan’s throat.
Seconds later, the young man vomited
violently. |

The men then placed masking tape '
over the hostages’ mouths, turned out the _

light and went upstairs. Because Orren
Walker had spit out the liquid, his mouth
was still wet and the tape didn’t stick to
it. He could only listen in horror as the
other. victims gasped and coughed as the
liquid burned away their throats. After
awhile, Walker heard one of the men say
to the other that it was 9 p.m. He also

heard them moving things out the back

door.

victims lay in the dark, gasping for air.
Then Walker heard one of the men, the
taller one, saying to the other, ‘‘I can’t

do it—I’m scared.’’ Moments later, the -
men came back downstairs. The shorter

one took Walker’s wallet and wristwatch

and then leaned over Carol Naisbitt. He’

pressed the gun behind her ear and fired
one shot. —

After the man had shot Carol Naisbitt,

€ was kind of prancing, kind of enjoy-
ing what he was doing,’’ Walker would
tell police. About five minutes later, the
gunman walked over to the teenage
youth and fired a bullet into his head.
Another five minutes or so passed before
he stood over Stanley Walker and fired a
shot into his head. In the quiet that en-
sued, Michelle Ansley could see that
Stan was still breathing and leaned over
and asked him if he was hurt bad. He
muttered that he had been shot.

The gunman, meanwhile, was walk-
ing toward Orren Walker. He stood over
the man and fired a shot at his head.
Though the weapon was only a couple
feet away from his intended target, the
gunman missed. Angered at the miss, the
man fired a second time, this time send-
ing a bullet crashing into Walker’s skull.
Keeping his wits about him, the elder
Walker feigned death.

‘“‘Two plus two is four. Two times
three is six. I wiggled my fingers. I wig-
gled my toes in my shoes. There was no
way of knowing how bad I was hurt,”’
Walker later recalled. He continued to do

hematics in his head to reaffirm in his

n mind he was still alive. He was
determined to live.

The shorter gunman, still calm and
efficient, then untied Michelle Ansley

For about 30 or 40 minutes, the five :

and led her into a back room. About 15 or.
20 minutes later, sHe returned wearing .
only white socks.

‘She walked by me and I opened one
eye,’’ Walker would later say. ‘‘I could
see all she had on was a pair of socks. She

didn’t have anything else on. She was.

pleading with him to take her with them.
She didn’t want to die.’’ oo.

She spoke lightheartedly with the gun-
man, but the fear in her voice finally
broke through. She pleaded with the
man. He ordered her onto the floor and
ran back up the stairs. |

Orren Walker had been feigning death,
but opened one eye when Michelle
leaned over and asked if he was all right.

After being raped, Michelle Ansley was
forced to endure the sounds of four peo-
ple dying before she herself was killed.

Seconds later, the gunman returned to the
basement, leaned over Michelle and fired
a shot into the back of her head. As

‘Michelle moaned and died, Walker could

feel the gunman clutching at his neck,
feeling for a pulse. The gunman—the
same smaller man who had shot each of
the victims—then walked over and fired
a second bullet into the younger Walker.

“I could tell Stanley had stopped
breathing,’’ Walker recalled later. ‘‘]

‘knew he was dead.”’

The gunman, apparently out of bullets,
then ran upstairs, returning a minute later

. with a draw-cord from a set of drapes. He

wrapped the cord around the elder Walk-
er’s neck and cinched it tighter and tight-
er. However, Walked expanded his neck

muscles and managed to get just enough

air to breathe. He was determined to sur-

vive this ordeal and get the men who had
just killed his son. The man eventually

‘tied off the cord around Walker’s neck

and dropped the victim’s head back to
the basement floor. Orren Walker found
he could breath just enough to maintain
life. a

The man left the basement yet again.
Walker continued to feign death. As be-
fore, the man returned moments later,
after which Walker felt something being
shoved into his left ear. Once, twice,
three times the man kicked the object—a
ballpoint pen—into his ear. The pen was
embedded in at least three inches of fle-
shy tissue inside the ear. Walker could
feel it hit his esophagus. Moments later,
Walker heard both men leave by the back
door.

Orren Walker could hear the other vic-
tims dying around him. Some, he could
tell, were already dead. A short time
later, he heard the back-door buzzer
sound, but he was too afraid to call out
for help. He thought the killers might
have returned. Then he heard a relative
calling out for him.

‘Call the police,’’ Walker yelled. The
young man asked no questions and
sprinted to a nearby bar where he phoned
authorities. He returned to the Hi-Fi
Shop to await their arrival. Through the
door, he could hear Walker and the oth-
ers. He did the only thing he could to get
at the victims and help them: He kicked

. open the back door and ran to the base-

ment. He untied Orren Walker and led
him upstairs to wait for police. There
was not much anyone could do for the
other four victims. At Walker’s request,
the young man cut the cords binding
Stanley Walker.

Ogden Police Officers G.H. Bowcutt
and J.K. Youngberg were on patrol
about 10 p.m. when they got a call of
“‘unknown trouble’’ at the Hi-Fi Shop.
When they arrived several minutes later,
they found a person running frantically
about the parking lot, yelling, ‘‘They
have been shot! They’re downstairs!’’

Bowcutt walked into the basement and
was greeted by the ghastly sites and
smells of blood and vomit. Some of the
victims were obviously dead; their skin
was already changing color and their
eyes stared dully at the ceiling. The offi-
cer reached over and cut the cords bind-
ing the teenager’s hands and rolled him
onto his stomach. The boy was alive and
was having trouble breathing. ‘‘His
breathing sounded like a dog’s
growl—traspy,”’ the officer said. Carol
Naisbitt also was alive and ‘‘was making

Inside Detective 3]


—~ad

é

TAYLOR, John Albert, Jr., white, shot Utah on January 26, 1996.

“Ogden, Utah-A judge postponed the execution of John Taylor, 33, pending
review of Utah’s new life-without-parole statute. Taylor was to face a firing
squad Wednesday for the ‘89 rape and murder of Charla King, 11. The

law was passed April 27; the judge wants to see if it can be made retroactive.”

USA Today, June 18, 1992 (I1A/5).

Sherron King, "Tell me what’s barbaric. My daughter was alive (while
being raped and choked). He won’t even hear the sound of the bullets."

Taylor had insisted he was wrongly convicted. But he abruptly
dropped all appeals and fired his lawyer in December, determined to die
now rather than spend years confined to a death-row cell for 23 hours a
day.

Gov. Mike Leavitt said Thursday the state had an obligation to make
the execution dignified and orderly.

"There is nothing but sadness in this event," Leavitt said. "This is
the highest penalty that society can exact and the most difficult task
government could be delegated."

In Delaware, a killer went to the gallows early Thursday in the
nation’s third hanging since 1965. Billy Bailey, 49, was executed for
the shotgun slayings of an elderly couple at their farmhouse in 1979.

Gilmore was the first person put to death in the United States after
the Supreme Court lifted its ban on capital punishment in 1976. His
execution ended a 10-year moratorium on the death penalty.

It was during a visit to his sister in Washington Terrace that
Taylor entered a neighbor’s apartment and attacked Charla Nicole King.
The girl’s nude body, underpants stuffed in her mouth, was found an a
bed by her mother.

Taylor's own sister, Laura Galli, who testified at hig sentencing
that he had raped her three times when she was 12, tipped off police
that he may have murdered the child.

Taylor’s fingerprints were found on the bedroom telephone. He
claimed he had merely burglarized the apartment, taking $3 from under
the phone.

His strategy of requesting a non-jury trial backfired when Judge
David Roth found him guilty and sentenced him to death.

Over his final dinner of pizza and Coke, Taylor told his uncle,
Gordon Lee, that he was comfortable with his decision to die, but "he
said he had butterflies and he didn’t know why.

"I said I had butterflies and Johnny said, ‘It must be the pizza,"’
Lee said.

Lee said he tried to talk Taylor into appealing to get a stay of the

execution, but, "It’s like he told me, he couldn’t live my life for me
and. I couldn’t ive ‘his,*

( Tay lov J (utah |

eyewitness to the execution Page |

Eyewitness to the Execution
As seen in the London Daily Mail

On Friday, January 26, the state of Utah received unprecedented international attention when John Albert Taylor was put to
death for the rape/murder of an eleven year old girl. It was the first firing squad execution since 1977, and is expected to be the
last in American history. Television reporter Scott McGrew witnessed the execution. This is an excerpt from his notes from the
death chamber.

I could have kept driving. I knew that. I could have kept driving eit past the prison. I didn't. I turned in, past a burly, well
armed guard on horseback. I was going to see someone die. At home, my wife was in the tub with my one year old son. Here,
only ten miles away, was a gloss black metal chair sprouting thick velcro straps facing three impossibly narrow slits, through
which five rifles will slide. When I arrived at the prison, I discovered someone had set out sandwiches, wrappéd in plastic. I dug
through them, looking for roast beef. There was hot coffee, but no napkins. Someone had forgotten. As we waited for midnight,
young women passed out thin sheets of paper, updates on John Albert Taylor's last few hours on earth, detailed to the minute.
"10:01pm: Deputy Warden Schulsen offers Inmate Taylor more soda, pizza, coffee. Taylor declines." Somehow, this horrifies
me.

There is a crowd of journalists, but only a select few will actually attend the death. I am separated from my co-workers and
searched. No keys, no coins, no wallet. 1 am allowed to keep my wedding ring and my watch. I made sure to wear the one with a
second hand, so I could time Taylor's death throes. When no one is looking, I slip a photograph of my wife and son out of my
wallet and put it in ny shoe.

Minutes before midnight, I am taken from the crowded media center to a back door. A dark blue truck marked "OME" sits idling
in the snow. Office of the Medical Examiner. It is the truck that will carry the body away. They've left it running because it's so
cold, and the death is so imenient. I walk quietly, eyes downcast, into a small room. I expect to have to wait a long time, but as I
take a seat, a curtain is pulled aside as if to start a play. There sits a pale, bearded man, embraced by that black chair. He says
nothing to me, nor I to him. He looks around. Not nervously, but calmly, taking it all in. He's never been in this room before, I
suddenly realize. He regards the slits, twenty feet away, curiously. The warden asks Taylor if he has any final words, and I
suddenly realize they are really going to shoot this man. Taylor mumbles something. I can't catch it. He looks straight up. To
God, perhaps. Perhaps he just had not looked at the ceiling yet. The warden unfolds a black hood, fumbling it in his hands, and
places it over Taylor's head. Taylor politely lifts his chin to help. Did he realize the last thing he would ever see in his life was a
bare ceiling, full of thick pipes with stenciled writing? Should he have looked elsewhere?

The hood has been on a long time now. A minute, maybe more. Close your eyes for one minute. It's a long, long time. Taylor,
who had several appeals left, could stop his own execution with a single word. "They're going to shoot you, stupid! Say
something!" my brain screamed. I stare at his feet, unable to look at the small cloth target someone has pinned to his chest. His
feet, the only part of his body not tied down, do not shake. I mark this down on my pad as somehow important. I pull on a pair of
ear protectors, and can hear my own pulse in my head. "Fucking get on with it!" J think. I click my pen and write "Fucking get”
and then a distant voice counts “one, two..." and five rifles fire as one. The blast drives Taylor back into the chair, his feet fly
into the air, then bounce on the concrete floor. His jumpsuit, craftily dark blue, begins to darken. The color prevents me from
seeing any blood. I forget to look at my watch. Taylor's hands clench, but he does not cry out.

{ think of my own child murdered, the idea sickening me even more than what I have just witnessed. I cannot, however, create
the boiling hate I need. The room smells like fireworks on Independence Day, a sweet acrid scent. Taylor's hands relax. He looks
like a tired fat man snoozing on a park bench. As quickly as the images assault my brain, they begin to fade. I have forgotten
what he looks like. A doctor walks into the room, pulling the hood up only far enough to search the dead man's neck for a pulse.
He cuts two holes in the black cloth, and shines a penlight into the lifeless eyes. I look away. I stand up and walk out the door.
The driver is already behind the wheel of the medical examiner's truck. Two guards hold cans of soda, sipping silently, relaxed _
because there is no one to guard. I wonder wildly if they are drinking the soda Taylor turned down. I stoop, unlace my shoe, and
remove the photograph. It has begun to snow.

HHHHHF

Scott McGrew is a television reporter for Fox News in Salt Lake City, Utah,

where he lives with his wife, Kristen and son Zachary. He is 28.

© The London Daily Mail

HOME

Firing Squad Executes Killer

AP 26 Jan 96 2:26 EST V0349
Copyright 1996 The Associated Préss. All rights reserved.

The information contained in this news report may not be published,
broadcast or otherwise distributed without the prior written authority
of the Associated Press.

Firing Squad Executes Killer

POINT OF THE MOUNTAIN, Utah (AP) -- A child killer strapped to a
black metal chair with a white target over his heart became the
nation’s first convict in 19 years to be executed by firing squad early
Friday.

John Albert Taylor, 36, was executed just after midnight at Utah
State Prison with a four-bullet volley fired by anonymous marksmen
using .30-.30 caliber deer rifles -- the type used to execute Gary
Gilmore at the same prison in 1977. '

Utah is alone among the states in offering the condemned a choice of
lethal injection or firing squad.

Taylor said he chose the firing squad because it would be costly and
embarrassing to the state and because he feared "flipping around like a
fish out of water" if given an injéction. He also hoped the method
would more dramatically underscore his claim that his death would be
state-sanctioned murder.

Wearing a dark blue jumpsuit, he was strapped into a steel chair 23
feet from five executioners, a white cloth target pinned over his heart
and a pile of sandbags behind him. A black hood was placed over his
head.

The executioners -- all law enforcement volunteers paid $300 each --
fired through rectangular openings. One gun is traditionally loaded
with a blank round; none of the shooters knows which.

Prison spokesman Ray Wahl said Taylor was pronounced dead at 12:07
a.m.
At first, Taylor had waited calmly in the deathwatch cell Thursday,
downing antacid when he complained his stomach was "doing flip-flops."
He ate pizza with an uncle, wrote up his last will and testament and
discussed the afterlife with the Catholic priest, the Rev. Reyes
Rodriquez, who baptized him last week.

Just over an hour before he was executed, Taylor, after singing
hymns with two attorneys and Rodriquez, bowed his head and wept as the
priest read scriptures. Rodriquez accompanied Taylor to the death
chamber.

Like Gilmore, Taylor could have demanded to halt the execution right
up until the moment he was strapped into the chair. In fact, a federal
magistrate was standing by Thursday night to issue a stay if needed.

But Beverly DeVoy, a freelance journalist who was one of Taylor’s
three invited witnesses and had corresponded with him for years, said
it was the inmate’s health problems -- an enlarged heart, bleeding
ulcers and swollen legs and feet -- that bound him to his death wish.

With his deteriorating health, he was afraid he would die alone in
his cell, said DeVoy, and the only alternative was execution. He made
her promise to keep his health a secret until he was dead.

Taylor, diagnosed at 17 as "a remorseless pedophile," was convicted
of raping 11-year-old Charla Nicole King and strangling the girl with a
telephone cord in 1989.

"They say executing him is so barbaric," said the victim’s mother,


Death Wish:
How Long
Will It Last?

@ Continued from B-1

out and buy one,” Ford said.
Execution witnesses will watch

from behind glass windows in op-

posite walls of the execution

chamber: Nine media representa- -

lives, up to five witnesses chosen
by Taylor and as many as five gov-
ernment witnesses.

So far, only three of Taylor's .
witness slots are filled: Taylor's ©

uncle from Oregon, identified
only as G. Lee; prison chaplain
Father Reyes Rodriguez; and
freelance reporter Beverly De-
voy, with whom Taylor has been
corresponding. '

Taylor also requested that a
prison inmate be present, but offi-
cials rejected that request.

“We prefer to keep the inmates
away from the procedure,” Ford
said.

State law allows up to five gov-
ernment witnesses, most from the
jurisdiction where the crime oc-
curred. Witnesses are likely to in-
clude representatives from the
Utah Attorney General's Office,

—The Salt Lake Tribune UTAH/OBITUARIES Sunday, December 31, 1995

fice, Weber County Sheriff's Of-
fice and someone from the Wash-
ington Terrace Police
Department.

The law also allows for nine me-

. dia representatives, largely from

Utah newspapers and television
stations, who will be accompanied
by a corrections official. Howev-
er, news organizations as far away
as Minneapolis and England have
asked to have reporters present at

- the execution. Voters in both ar-

eas are reconsidering capital pun-
ishment.

“It’s crazy. We've got people
coming out of the walls,” Ford
said.

_ Taylor’s execution will be the
first time news-media members
will witness a death by firing
squad. In 1980, the Utah Legisla-
ture passed a law allowing report-
ers to be present. |

“I’m nervous about it,” Ford

said. “The lethal-injection atmos-

phere is almost like an operating
room. This will be a little more
violent. I’m concerned about the
effect on people. But I guess we'll
do what the law says we'll do.”

As a precaution, a paramedic
crew will be nearby to help any-
one who may faint.

Get Out the Guns: The three

most recent Utah executions were

Weber County prosecutor's of- |

performed by lethal injection and
viewed without mishap by wit-
nesses. Gary Gilmore was the last
convict executed in the United
States by firing squad, in 1977.
News reports were garnered from
then-warden Ken Shulsen, who
related the event to reporters.

Taylor has said he chose death
by firing squad because he want-
ed to make his execution more
difficult for prison officials. He
has also said he scorns death by
lethal injection because he
doesn’t want to flop around “like
a dying fish” on the gurney.

Even though Taylor has fired

_ his attorney, Edward Brass said

he will try to talk his formér client

: out of his decision to die. ' -

““He’s an intelligent and likable
guy as a client,” Brass said. “It’s

early for him to be taking this

stance.” :
Assistant Utah Atty. Gen. Reed
Richards agrees that Taylor could
probably buy himself another five
years of life by taking advantage

' of remaining federal-court ap-
. peals.

Taylor's appeal has been reject-

ed by the Utah Supreme Court.
: But he could start another round

of appeals with a writ df certiora-
ri to the U.S. Supreme Court or a
habeas corpus challenge in U.S.

_ District Court in Salt Lake City.


(Wy)

6B/Las Vegas Review-Journal/Monday, December 11, 1995

Inmate wan

Associated Press

SALT LAKE CITY — Utah
hasn’t executed a condemned
criminal by firing squad since
Gary. Mark Gilmore faced his
death almost 20 years ago with a
terse “Let’s do it.” Today’s prison
officials aren’t sure they remem-
ber how.

The Department of Corrections
is struggling to put together an

execution protocol to accommo- ’

date the wishes of John Albert
Taylor, 36, convicted of the 1988

rape and strangulation of an 11-.

year-old girl.

After losing his latest appeal a
couple of weeks ago, Taylor fired
his lawyer, dropped further
appeals and told a judge he
wouldn’t fight an execution war-
rant for Jan. 26.

Alone among the states, Utah
offers the condemned a choice
between firing squad and lethal
injection.

Taylor would be the first do die
in that manner in the United
States since Gilmore, whose 1977
execution ended a 10-year hiatus
On capital punishment in
America.

“I'm not going to submit to
lethal injection,” Taylor said. “I
don’t want to go flipping around
like a fish out of water on that
table.” ”

Despite giving up his appeals,
he maintains his innocence and
on Friday telephoned a free-lance

writer to say he chose the firing
squad to make his death as diffi-
cult for the state as possible.

Since Gilmore, Utah has exe-
cuted four inmates by lethal
injection and hadn’t anticipated
that anyone else would choose
the firing squad. There’s nobody
with the department now who
was working when Gilmore died
at dawn on Jan. 17, 1977.

Taylor’s choice also could pose
some public relations headaches
for a state which has been polish-
ing its image and plans to hold
the 2002 Winter Olympic Games.

Opponents of the death pen-
alty hope to capitalize on any
potential embarrassment, and to
stop Taylor’s death by challeng-
ing the statute as a violation of
the Constitution’s prohibition
against cruel and unusual
punishment.

“This whole thing makes us
seem backwards and draconian,”
said Carol Gnade, executive
director of the Utah Chapter of
the American Civil Liberties
Union.

Gilmore died at the Utah State
Prison in Draper in a circuslike
atmosphere. He was strapped
into an old leather office chair
backed against a row of sandbags
in an abandoned cannery build-
ing and shot through the heart.

Former warden Ken Shulsen,
who helped organize Gilmore’s
death, predicted Friday that

io oe ae oe ae

ts firing squad

Taylor’s execution will be “less
chaotic” but acknowledged a fir-
ing squad poses many more prob-
lems than lethal injection.

“First off, you’ve got to find a
place to dot,” he said.

The old prison cannery build-
ing where Gilmore was shot no
longer stands.

“You need to find a shooting
area and give the firing squad a
chance to practice in those
conditions,” Shulsen said.

“You need ‘to deal with lighting
conditions, shooting distances
and, most importantly, give the

firing squad members a chance to

get over any emotional barrier to
pulling the trigger. It’s much
more than being able to just hit a
target and shoot on command,”
Shulsen said.

Without practice, an unfortu-
nate result could be a staccato
volley that causes what Shulsen
obliquely referred to as a
“splatter effect.”

To ensure accuracy, prison
spokesman Jack Ford said, the
weapons may be fitted with laser
sights.

As with Gilmore, the prison
will likely solicit volunteers from
the law enforcement community
for the five-member, anonymous
firing squad.

Ford said one of the weapons
will be loaded with a blank round
so the executioners won’t know if
they fired a fatal shot.

5 | al

— | rR


32 NAY LON: ee ek ee et ee re 2 ee ary

CUANM

PACIFIC DAILY NEWS, Wednesday, December 13, 1995

) ig
{ a
.

/

Utah looking to find
five sharpshooters

@ Firing squad: Con-
demned inmate refus-
es death by injection

Gannett News Service

Utah is looking for five sharp-
shooters to carry out John Al-
bert Taylor’s wish to be execut-
ed by firing squad.

The execution set for Jan. 26
would be the nation’s first by fir-
ing squad since Gary Mark
Gilmore’s in 1977 in Utah.

“I’ve had 10 people from all
over the country volunteering to
be on the firing squad,” said Jack

Ford of Utah’s Department of .

Corrections. “We’re not agoniz-
ing how we're going to put this
together at all.”

Taylor chose a firing squad
over lethal injection after losing
a state appeal, firing his lawyer
and dropping further appeals.
“Tm not going to submit to lethal

injection,” Taylor said. “I don’t

want to go flipping around like
a fish out of water on that table.”

Choice of execution

Utah is the only state that al-
lows the condemned to pick a
method of execution. Idaho is the
only other state that provides
for a firing squad. Capital pun-
ishment foes still may challenge
the execution as cruel and un-
usual punishment.

Taylor, 36, was convicted of
raping and strangling his 11-
year-old neighbor, Charla Nicole
King, near Ogden. Her nude
body was found June 23, 1989,
in her mother’s bed. Her under-
wear was stuffed in her mouth.
A telephone cord was tied
around her throat.

Taylor’s decision has raised is-
sues of whether condemned
killers should pick the method.

“It’s the prisoner running the
show rather than the justice sys-
tem,” said Richard Dieter of the
Death Penalty Information Cen-
ter. The center is opposed to the
death penalty.

- | Colorado, Delaware, Idaho, Illinois,

-| Carolina, Ohio, Oklahoma, Oregon,

STYLE OF DEATH

Utah and Idaho are the only states
that use the firing squad for execu -
tions among the 38 states with cap-
ital punishment. Some states allow
different means of execution. Meth-
ods by state:

Lethal injection: Arizona,
Arkansas, California, Connecticut,

Indiana, Kansas, Louisiana, Mary-
land, Mississippi, Missouri, Montana,
Nevada, New Hampshire, New Jer-
sey, New Mexico, New York, North

Pennsylvania, South Carolina, South
Dakota, Texas, Utah, Virginia,
Washington, Wyoming.

Electrocution: Alabama,
Arkansas, Connecticut, Florida,
Georgia, Kentucky, Nebraska, Ohio,
South Carolina, Tennessee, Virginia.

Hanging: Delaware, Montana,
New Hampshire, Washington.

Firing squad: Idaho, Utah.

Gas chamber: Arizona, Califor -
nia, Colorado, Maryland, Mississip -
pi, Missouri, North Carolina,
Wyoming.

Gannett News Service

[.

a

+

¥ —!
_ {Injection ‘more humane’

eadadee barr de A

(talk ae |

Ford said his department may
ask the state to permit only
lethal injections..“It appears to
be more humane.”

Under Utah policy, the execu-
tioners would come from law en-
forcement volunteers.

“I don’t see a lot of people vol-
unteering, but I think they
would get more than five,” said
Sheriff Craig Dearden in Weber
County, where the killing took
place. “At the time, there were a
lot of people upset because the
girl was only 11.”

Taylor most likely will be exe-
cuted in the maximum security
section of Utah State Prison, Ford
said. He will have an option of
wearing a hood or a blindfold.
He'll sit, strapped to a chair, with
a red cloth pinned over his heart.
“It’s almost a target,” Ford said.

The shooters will stand behind
a curtain or wall with gunports,
hidden from witnesses.

They will stand in the dark
and aim their .30-caliber rifles to
a lighted area. One will have a
blank so the executioners won’t
know who fired the fatal shot.

Gilmore also died at the Utah
State Prison. He was strapped to
a leather chair backed against
sandbags in an abandoned can-
nery building and shot through
the heart.

WS RRs wot oper


Inmate Has a Death Wish, But
Will He Hold O

By Stephen Hunt
THE SALT LAKE TRIBUNE

If John Albert Taylor's resolve
weakens, there is little doubt the
condemned killer can abort his
Jan. 26 execution date with a fir-
ing squad — even at the 11th
hour. |

“His attorney could go to the
U.S. Supreme Court right up to
the last, minute,” said Corrections
Department spokesman Jack
Ford. ‘He has only appealed to
Utah courts. He could delay it an-
other five years in the federal sys-

' tem. It’s almost automatic.”

But so far, Taylor, 36, seems de-

termined to die.

He has fired his defense attor-
ney, and told the American Civil
Liberties Union to “stay out of
it,” Ford said. Taylor ‘felt the

same way in March 1992, when ~ .

for several months — he also

_ stopped all appeals and asked for.
3 “ { f

Taylor was convicted of the::
June 23, 1989, rape and strangu- *:
lation of 11-year-old Charla Ni- .

death by firing squad.

cole King of Washington Terrace
in Weber County. He admits he
was in! the girl’s apartment that
day — but only to steal money.
Preparations for Taylor’s exe-
cution are proceeding ‘‘well
ahead of schedule,” Ford said.
Executions by firing squads are
primitive, and likely will bring a
worldwide outcry against Utah,
said Linda Thurston of Amnesty
International in New York. In
fact, the organization is meeting
next month at its London head-
quarters to consider its own pro-

“People anxious to step
up and be on the squad
are probably not the ones
we want. We don’t want
anyone out for revenge.”?

JACK FORD
Utah Corrections Department

test of the execution. So
“Firing squads are viewed by
most of world as an inhuman way
of killing people,” Thurston said.
“It is something from another
Contry =e ok My PES
In the United States, seven exe-
cutions &e scheduled in January:
two in’ Texas, two in Delaware,
one in Virginia, one in Illinois and
Taylor’s= Utah is the only state
that allows condemned prisoners
to choosé' death by firing squad.

(Idaho’s condemned inmates may .

be executed by firing squad, but
only if corrections officials. ap-
prove.) ; aie tees Des

bers andjone alternate: already

‘have beeri*picked. The six execu-

tioners were chosen from lists of
names submitted by various
heads of ‘state law-enforcement
agencies.

“We rely on the heads of de-
partments fo give us the most reli-
able, dependable and well-adjust-
ed individuals possible,” Ford
said. ‘The people anxious to step
up and be on the squad are proba-
bly not a ones we want. We

es, z
Le Ee ML PRA ARETE EN GE: INT AIS A TI
i y .
. s coat et '

Deer TR glee OS NRT ge eo

“any

te

?

Utah’s five firing-squad mem-

11-year-old Charla Nicole King.

‘John Albert Taylor,Execition: # °.”

John Albert Taylor, 36, is scheduled to die by firing squad Jan. 26.
He will be the first prisoner to be shot to death at the Utah State Prison
since 1977. Taylor is convicted of the 1989 rape and Strangulation of

ut to the End? -

Altemate |
Executioner

= os » en ae O
SAieitedtra Witnesses

3 Government

MIRRORED GLASS WINDOW

CLEAR GLASS WINDOW

"John Albert’

Taylor .~-. @

@ a

Ta

3 BA se IEE ee outa be
& 9 News-Media Witnesses
= 1 Corrections Official

ofan ft.

* a.

1 1995 execution toll BA

‘don’t want anyone out for re-

venge.”’

Death Chamber: Taylor will
die in the warehouse where
Pierre Dale Selby, William An-
drews and Arthur Gary Bishop
died on gurneys by lethal injec-
tion.

The firing squad will stand be-
hind the same wall that hid the

Rhonda Hailes Maylett / The Salt Lake Tribung.

lethal-injection executioners. The
same temporary walls will be in-
stalled for Taylor’s execution,
with some modifications.

Gun ports built into the wall
will be uncovered. And the wall
opposite the firing squad will be
moved back to allow about 40 feet
between the .30-caliber rifles and
the opposite wall where Taylor
will be strapped to a chair.

A suitable chair has not yet
been found. ‘‘We may have to go

@ See DEATH WISH, B-4

|

Tribune | * SUNDAY, December 31, 1995

|

‘Che Salt Lake


~, igearins oles ait

sth oe

contempt Mite

132 Witxerson v. UTAH. [Sup. Ct.

merated, and evidencing a depraved mind, regardless of human
life, is murder in the first degree. Id. 586.
Provision is also made that every person guilty of murder in
the first degree shall suffer death, or, upon the eae ae
of the jury, may be imprisoned at hard labor in the re iary
for life, at the discretion of the court; and that rey a
guilty of murder in the second degree shall be ne pulses a
hard labor in the penitentiary for not less than five nor more
than fifteen years. Comp. Laws Utah, 1876, 586. .
Duly convicted of murder in the first degree as - pl —
was by the verdict of the jury, 16 18 conceded that t e . . ng
law of the Territory provides that he ‘ shall suffer des
nor is it denied that the antecedent law of the Territory’ W Ne
was in force from March 6, 1852, to March 4, 1876, provic if
that “when any person shall be convicted of any onne ae
punishment of which is death, . . - he shall anfier en : y
being shot, hung, or beheaded, as the court may direct, or @

; ‘ ah, 1852
the convicted person may choose. Sess. Laws Utah, 2,

1: C ). Laws Utah, 1876, 564.
» aa nee Penal Code went into operation, it is doubt-
less true that it repealed that provision, as sect. 400 provides
that ‘all acts and parts of acts” heretofore passed * anne
tent with the provisions of this act be and the same are hereby
repealed.” Comp. Laws Utah, 651. i, easing Ge

Assume that sect. 124 of the prior law 1s repealec y e
Revised Penal Code, and it follows that the existing last 0
the Territory provides that every person guilty of mane in
the first degree shall suffer death, without any other ni a
regulation as to the mode of executing the sentence A, an A . ;
ig found in the following enactment of the Revised Penal . “
Sect. 10 provides that “ the several sections of this code, w ao
declare certain crimes to be punishable as therein mentioned,
devolve a duty upon the court authorized to pass eentenre to
determine and impose the punishment prescribed. Comp.

ah, 1876, 567.

arene as that provision must be in connection with =
enactment that every person guilty of murder in oe. it
degree shall suffer death, and in view of the fact that the ne
of the Territory contain no other specifie regulation as to the

Oct. 1878.] WILKERSON v. UTAH. 133

mode of executing such a sentence, the court here is of the
opinion that the assignment of error shows no legal ground for
reversing the judgment of the court below. Authority to pass
such a sentence is certainly not possessed by the circuit courts
of the United States, as the act of Congress provides that the
manner of inflicting the punishment of death shall be by hang-
ing. Rev. Stat., sect. 5325.

Punishments of the kind are always directed by the circuit
courts to be inflicted in that manner, but organized Territories
are invested with legislative power which extends to all right-
ful subjects of legislation not inconsistent with the Constitution
and laws of the United States. By virtue of that power the
legislative branch of the Territory may define offences and
prescribe the punishment of the offenders, subject to the pro-
hibition of the Constitution that cruel and unusual punishments
shall not be inflicted. Story, Const. (3d ed.), sect. 1903.

Good reasons exist for supposing that Congress never in-
tended that the provision referred to, that the punishment of
death shall be by hanging, should supersede the power of the
Territories to legislate upon the subject, as the congressional
provision is a part of the first crimes act ever passed by the
national legislature. 1 Stat. 114. Different statutory regula-
tions existed in the Territory for nearly a quarter of a century,
and the usages of the army to the present day are that sentences
of the kind may in certain cases be executed by shooting, and
in others by hanging.

Offences of various kinds are defined in the rules and articles
of war where the offender, if duly convicted, may be sentenced
to the death penalty. In some of those cases the provision is
that the accused, if convicted, shall suffer death, and in others
the punishment to be awarded depends upon the finding of the
court-martial ; but in none of those cases is the mode of putting
to death prescribed in the articles of war or the military reg-
ulations. Art. 96 provides that no person shall be sentenced
to suffer death except by the concurrence of two-thirds of the
members of a general court-martial, and in the cases speci-
fied in the rules and articles enacted by Congress. Rev. Stat.,

p. 238.

Repeated instances occur where the death penalty is pre-


162 SUPREME COURT

The People, etc., v. Wallace Wilkinson.

Nor do we see that the manner of execution is any more
material than the time thereof, yet neither time nor place were
any necessary part of the judgment, and if made parts of it
they were deemed immaterial parts. 1 Bishop’s Cr. L. § 780,
3d ed.

If the mode, therefore, be an immaterial part of the judg-
ment, then the entry thereof in the judgment should not bea
ground for reversing the judgment.

ut if we assume that the mode is a material part of the
judgment, and that hanging by the neck was the only mode
prescribed at common law, yet there is another provision of
our “ penal code” which affects materially the case in view of
the stress which was laid by both appellant and respondent
upon the case of the People v. Ilartung, reported at its yari-
ous stages in several different New York reports. That statute
reads as follows ¢

“Suc, 5—No act or omission commenced after twelve o'clock
noon of the day on which this code takes effect as a law, is

criminal or punishable, except as prescribed or authorized by
this code,” ete. C. L: p. 565, § 1835. I quote only so much
of the section as is material to the point in issue. If murder
in the first degree can only be punished as preseribed or
authorized in that code, the common law is excluded from our

consideration.

In New York a similar statute, differently worded but in
effect the sume, was enacted, Tt read as follows: “ All punish-
ments preseribed by the common law for any oftense specified
in this chapter (the chapter inclndes murder), and for the
punishment of which provision is hx :ein made, are prohibited.”
In that State, as with us, the law designating that the death
penalty should be inflicted by hanging had been rep paled.

In the case of the People v. Hurtung one of the points was
that the law providing for executing the death penalty by
hanging had been repealed, and that the section of the New
York statute quoted prohibited any common law mode, there-
fore no authority existed for the execution by hanging. The

OF UTAH.

The People, etc., v. Wallace Wilkinson.

ee went off on other grounds, yet the court eaid that although
the statute respecting the mode of death had been repealed,
wid the cominon law prohibited as a resort in such case, yet
the power to enforce the penalty of death existed. The statute
tlie State provided, as ours does, for the punishment of
iurder by the death of the murderer, but further provided
that a copy of the sentence should be furnished to the Gov-
-rnor, and he should issue his warrant tor the exeeution—the
evecution not to take place until one year after sentence; yet
the statute failed to provide in any section for the manner of
teath,

‘The court, in the case of the People v. Tlartung, after re-
ferring to these facts, said: “The mode must, therefore, rest
» the diseretion of the Governor or Sheriff, and for aught IL
we the method prevailing in France, or Russia, or Constan-
tinople, or that which the English law formerly applied to
convictions for heresy or petit treason, may be adopted.”? And
“terwards further said: “ When the legislature of 1860  re-
led that section of the statute without substituting any-
‘Ling as to the execution of capital sentence in its place, they
peessarily determined that it should no longer be obligatory
‘or the court by its judgment, or the executive officers in the
s«rformance of their duties, to resort to that method of inflict-

gz the punishment of death.” 92 N. Y. 96; 23 How. Pr. R.

9: 296 N.Y. 167; 28 N. Y. 400.

It is likewise in this Territory, as we think, left to the dis-
cretion of the court, subject, however, to that limit which the

astitution of the United States prescribes against the inflic-
San of “ernel and unusual punishments.” U. S. Const.
\indt. VIII. By no other construction than that of leaving
a dis-retion with the court can any effect whatever be given to
the statutes making death the penalty of murder in the first
degros, and requiring the courts to determine and impose the
eestenee of death. These sections could not have been intended
ae nullities: and from the whole penal code we can gather no

’

other ilea than that the legislative intent was that the courts

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SUPREME COURT

The People, ete., v. Wallace Wilkinson.

should be allowed a discretion in the matter. The question,
therefore, presents itself: “Is the manner designated in the
case before us, that of death by shooting, a cruel and unusual
punishment?” We do not think that the appellant so con-
siders it, nor do we think he could. It is the mode adopted
for the army im enforcing discipline; it is a mode recognized
and practised in other civilized countries to enforce criminal
laws; and, as we have seen, it was approved by express statute
of this Territory for nearly a quarter of a century, and as
history tells us, it is the manner of death of which criminals
in this Territory made choice in preference to other modes,
such as hanging and beheading. That manner cannot be eruel
which criminals prefer, and that cannot be unusual which is
often adopted.

If the statute respecting the mode of inflicting the death
penalty were still in force no one would say that the infliction
thereof by shooting was “ cruel and unusual,” for the statutes
expressly designated it. Yet the fact that it was once em-
bodied in the statute could not change the character of the
manner, for the constitutional provision controls the statute,
and the statute could no more provide for a manner of death
that was “eruel and unusual,” than a court could do so with-
out the statute. The constitution .is binding upon the legis-
lature.

We do not, therefore, perceive that there was anything
wrong in the sentence imposed by the District Court in this
case.

The judgment is affirmed.

Scuaurrer, ©. J., and Emerson, J., concurred.

Nore. —On appeal to the Supreme Court of the United States, the foregoing case
was aflirmed.—feporter.

OF UTAH.

John C. Morrison v. J. J. O'Reilly et al.

JOUN C. MORRISON, Responpent, v. J. J. O7 REILLY

ET AL. APPELLANTS.

1. DenrALs IN TIE ANSWER, Form or.—The mere form of the denials
‘n the answer is not material; it is sufficient if the. denials meet and
traverse the allegations of the complaint. .

Appeal from the Third Judicial District Court.
The facts are stated in the opinion.

Tiltord & ITagan, for appellants.

Where an action is brought upon an account stated, the
«tated account, if denied, must be proved before plaintiff can
nvover, Jfelehoir v. McCarty, 31 Wis. 252; Lacovillot v.
Nene, 82 Cal. 450; De Witt v. Porter, 13 Cal. 171; Abadie v.
Corio, 82 Cal. 174; JZawkins v. Borland, 14 Cal. 4138;
Stout v. Cofin, 28 Cal. 65; 2 Greenleat’s Ev. §§ 126, 127, and
ases cited; Beuhler v. Leed, 11 Iowa, 182.

There is no allegation in the complaint that any amount is
Jne in gold coin—still the judgmentis for gold coin. A judg-
ment that is not supported by the pleadings is as fatally
defective as one which is not supported by the evidence.
Richman v. Supelveda, 39 Cal. 688; Goldsmith v. Sawyer,
8 Cal. 209.

A promise to pay in “ gold coin” is alleged. This is denied
hy the answer, and is a material issue in the case. Wallace v.
Lidredge, 27 Cal. 498; MeComb v. Reed, 28 Cal. 281; Bur-
vtt vv. Stearnes, 83 Cal. 156; Aforse v. Del. Valle, 28 Cal.
li; Mendocino Co. v. Morris, 32 Cal. 145; MZoward v.
bch n, 83 Cal. 899; Curiac v. Abadie, 25 Cal. 502; Leese v.
Starnes, 29 Cal. 278.

A promise to pay interest above the legal rate is also alleged
an! denied by the answer. The judgment allowing interest is
erroneous, Atherton v. Fowler, 46 Cal. 320; Goldsmith v.

MAW AD WOHDS

WHEwtew tw 40) ALIGH BATEEN


WILKerson v. UTAH.

Winkerson v. UTAH.

islative act of Utah, passed March 6, 1852, provides that a person con
victed of a capital offence “ shall suffer death by being shot, hanged, or
beheaded,” as the court may direct, or “he shall have his option as to the
Its Penal Code of 1876, by which all acts and
ewith are repealed, provides that any person con-
ill suffer death,” and that “ the several
ain crimes to be punishable as therein
a duty upon the court authorized to pass sentence, to
determine and impose the punishment prescribed.” A., convicted of having,
June 11, 1877, committed murder in the first degree in that Territory, was,
sentenced to be publicly shot. Held, that the

The leg

manner of his execution.”
parts of acts inconsistent ther
victed of murder in the first degree “shi
sections of this code, which declare cert

mentioned, devolve

by the proper court thereof,
sentence was not erroncous,

Error to the Supreme Court of the Territory of Utah.

The facts ave stated in the opinion of the court.

Submitted by Mr. H. D. Tloge and Mr. P. L. Williams for
the plaintiff in error, and by The Solicitor-General for the

defendant in error.

Mr. Justice CLIFFORD delivered the opinion of the court.

Duly organized ‘Territories are invested with legislative power,
which extends to all rightful subjects of legislation not incon-
sistent with the Constitution and laws of the United States.
ley. Stats., sect. 1851.
organized the Territory of Utah on the 9th of
1850, and provided that the legislative power and
y shall be vested in the, governor and

Congress
September,
authority of the Territor
legislative assembly. 9 Stat. 454.

Sufficient appears to show that the prisoner named in the
record was legally charged with the wilful, malicious, and pre-
meditated murder of William Baxter, with malice aforethought,
by indictment of the grand jury in due form of law, as fully set
forth in the transcript; and that he, upon his arraignment,

pleaded that he was not guilty of the alleged offence. Pur-
suant to the order of the court, a jury for the trial of the pris-
oner was duly impanelled and sworn; and it appears that the
jury, after a full and fair trial, found, by their verdict, that the
uilty of murder in the first degree.

prisoner was g
d, and the record also shows that

Regular proceedings followe

Oct. 1878.] WILKERSON v. Uran. 131

] J p' Pp ¢
t 1e presiding ustice in open court sentenced the Trisoner as
8: at you be t > to some I
follo W Th aken from hence t som place in this
Territor Vy where you shall e safely k I t it y
: b ep unti I rida 3 the
f urteenth day of December next; t v be ween the hot Ts O
he t t
3 , 1 f
ten oO clock he orenoon al d c
In t f rel wm thr ee O clock in the ufternoon
of th ] -hame y f p c confine-
e last-n¢ d da you be taken
« rom your lace of
ment to some place W ith 1 tl Ss d rict an l that you there be
y ll il ist
1 5 € a
publiely shot until you are dead.
I roceedings In the ce urt of originég urls d ct 12) og le
S 0 £ al iction being enc d,
the pl isonet sued out a writ « c
of error and removed the cause
into the Supreme C vy T the ju loment
ourt of the Territor W he e€ t
of t 1e subordinate our was e lL. Me l ec Ing
] « Cc t a affirm C F § f
been render ed in the supl eme Court of = Ys Pp ial
the erritor the rls:
8 p sel 1 f err ’ rress
oner sued out the rese it Ww it oO rror the act of ¢ ong
providing that such a W rit fr om this court to the ‘ See eme
-
Cc of the Territory W ill li s
, 1 ml cases W her tl
e in cri nal re
= “ e 1e
. cused 1S sentenced to capital punishment or 1S convicted of
bigamy or polygamy. 18 Stat. 254.
Append ad to the pr cee l 18 the asslonment of error im-
e ! ie] C ngs 5 f
P ec 1 ou below ich re ate 1 the ak wol Is
l to the « rt ’ wh cl 18 pea ed ll
1 e 1e
co a] le 1 1¢ce Ss removec into
n th bi f of his sounse fi a sil the case was Yr ]
this Cc ? I aS bcbin p f ‘
. a nes 1n either
S cour t No exception w 1s t ] en to the roceedi
ec Pp 5
ourt TLoL to the S' entence, the asslonment o £ ra
f error be n th t
th court be 0 5 :
e uw | W erred ina ment ie) t > CO ce)
“ firming the judy f ]
Ss 1e urt f
ie a J Ssaic VW l In ¢ 1 ud Ting al d S iter eing the pl 1S-
or 1g1n l UTIs: li tion anc ad] g
an er n
oner to be shot to death.
i [ur s y Pp « yy
\ der, as defined b the Com iled Laws of the Territor
1e nla ‘< g c « 21ns « ore-
to) a
ij tl u ] wful killin of hum wn being with m ilice af re:
thought, and the pr OV1S1ON 1S that such malice may be express
r p . / p- ca bil, 3 CU. 43 } « li
or 1m lied ( om L VWs Ut th 1876 5 5 I xpress malice 1S
len lere 18 Mme iif. ed @ « 1 unlawtully
a C¢ v
whe 7 . Ss nar est l leliber te intentio1 Wa fi ll
to take awe y the life of a fellow-creature, and it may be implied
when there 1s no considerable provocation, or W hen the eireum

stances at e d t
1 killing ] wn loned or malg
st n t n Ing he show an abe
5 v b Cc « lignant

Cri . ee °
iminal homicide, when perpetrated by a person lying i
wait, or by any other kind of wilful, deliberate mali fase ‘d
yo liberate, malicious, anc
premediated killing, or wl i i '
g, or which is committed in tl i
1e perpetrat
or attem , rhein ene
pt to perpetrate any one of the offences therein enu-

° Sle: ices I lsc tel dala


said, pushed their
of this building.

demanded my
‘ou got a wad on
arled. I handed
aad $100 or more

the doorbell and
i come into the
. revenue officer
rt bandit grabbed
she was going to
sickly a long time.

» go to her, pro-
‘ainst that rough-
her. Something
1. I got up and
man. : He kicked
throom, and then

‘ was lying on the
wrists and legs
n-my mouth. I
ackily my hands
2d, and I managed

ing the gag out of
a pounding at the
urched across the
and just then it
ive staggered out
t remember any-
1 I awoke in here

standing in the

1e Salt Lake City
that the bandit-
nt their frightful
eyewitnesses be-
ecessful. In that
slowly in making

AKE CITY
\T BLAZE

ONT PAGE DETECTIVE

their way out of town, lest ‘heir

nervous haste excite suspicion.

“We'll have several hours before the
newspapers can inform them that
Woods survived the fire they set,”
Wire said. “If we work fast they may
be picked up yet this afternoon.”

He telephoned a brief report of wha!
had occurred to headquarters and
asked that descriptions of the iwo
suspects, as provided by Woods, be

transmitted as rapidly as possible to
all officers in the desert metropolis.
All possible precautions were to be

taken, he urged, that the pair did not
escape by train—freight or revular
passenger—or by bus or other vehicle,

Assured by Police Chief Josep. E.
Burbidge that if the killers still :->

From slits in a wall of the Utah state
out death to killers, who are strapped in ¢ chair against the outer wall (X).

in Salt Lake City they would be <f-
fectively bottled up within its pre-
cincts, Detectives Wire and Egbert
began a careful examination of the
burned apartment, leaving Woods in
the care of Dr. Gilligan, who had
dispatched the body of Mrs. Woods io
the morgue.

Immediately upon hearing the fed-
eral investigator’s story the sleuths

had doubted that robbery was the.

sole motive for the invasion of the
Woods apartment.

“Thugs don’t work that way,” Wire
declared. “They dodge a murder ra
if it’s at all possible, and even if they
have to kill they don’t go for such
hideous methods. In this case, after
the two victims were bound and
gagged there was no need to kill
them.”

“Unless there was some special rea-
Son for leaving no witnesses behind,”
Egbert put.in. “Is it possible that this
could have had something to do wit:

AUGUST, 1943

\voods’ job as a government man?”
‘is partner shrugged. “Let’s see
‘at we find in Woods’ flat.”

Formerly a Lawyer
i{ was a four-room-and-bath affair,
with a kitchen, living room and two
hedchambers, the one which Woods
anc his wife occupied and which was
the scene of the blaze, and another
used by their 19-year-old daughter,
a coed in the University of Utah.
The living room furniture was
overturned helter-skelter in the place,
and chest drawers were jerked out
ond their contents spilled on the floor.
i tons and clothing were strewn over
th's room and the charred bedroom,
‘ondry bag was emptied on

prison (arrow) a firing squad metes

the bathroom floor. The sleuths noted
blood flecks on the white tiles, doubt-
less from Woods’ having been trussed
up there after he was slugged.
However, Miss Woods’ room: and
the kitchen apparently had been over-

. looked by the bandit-killers,

Continuing their search the officers
soon were convinced that robbery was
not the primary motive behind the
fiendish crime. In a woman’s purse
they found a small sum of money, a
quantity of valuable silverware had
beer left behind by the intruders and
several pieces of expensive jewelry
lay in plain sight on a dresser.

“They were either looking for
something besides money or valu-
ables,” said Wire, “or the robbery
angle was just a red herring to conceal
the real purpose for the attack.”

“It looked like a revenge case right
off the bat,” his partner said. “Maybe
Wocds can give us a tip on something
in his work that led to this job.”

Two promising clues were un-
earthed in the debris. First there was
a broken milk bottle beneath clothing
emptied from the laundry bag in. the
bathroom; and behind the bathtub was
an empty quart flagon which reeked
of benzine. It bore the label of a Salt
-Lake City drugstore. ‘

Meanwhile the physician, in exam-
ining Woods, had discovered no
serious injuries. “A few hard blows
on the. face ‘and skull, that’s all,” he
reported.

The bereaved husbarid entered the
apartment and aided the detectives in
the final stages of the search.

“The milk bottle probably is from
our kitchen,” he told them. “T’d say
that’s what I was slugged with. The
benzine I bought two days ago—yes,
it was Saturday. My wife wanted it
for cleaning. It was in the bathroom
the last I ‘saw it.”

“Frankly, Mr. Woods,” Detective
Egbert said, “we doubt that your
bandits really came here to steal. This
job has none of the earmarks of a
professional burglary or stickup.”’

The government agent was plainly
puzzled.

“What he’s driving at,” Wire ex-
plained, “is that there must be some-
thing else behind this crime. Revenge,
perhaps.”

“I can’t think of any person with
reason to seek vengeance against me
or my family,” Woods protested.

“Your job,” Wire insinuated. “No
enemies?”

Woods smiled wanly. “No. I’m not

Woods was a federal operative, and

the detectives believed his wife's
death was connected with his work.

a G-man, or a Secret Service agent,
either. My work is with the estate
tax division. Of course, it entails some
confidential investigation, but not of
the type I’m afraid you imagined.”

17


=

“How long have you been in this
line of work?”

“Only three years. I was educated
as a lawyer, and practiced in Idaho
until taking the internal revenue ap-
pointment.”

Woods briefly related that he and

his wife originally came from Tennes-.

see, where he had graduated from the
state university. In Boise and Idaho
Falls he had been an attorney and had
served a term as a judge. The Woods
family had moved to Salt Lake City
two years earlier.

His wife’s health, he told the sleuths,
had been poor; she was a frail woman,
doubtless unable to survive a beating
at the hands of the two roughnecks
who entered the Woods flat at about
12:30 that afternoon.

While his partner carefully wrapped
the pieces of the milk bottle and the
benzine container in paper to preserve
any fingerprints the smooth glass
might hold, Wire made another circuit
of the apartment.

He paused at the door leading into
the burned bedroom, staring at its
panels. He tried the door, and saw it
swung inward easily on its hinges. The
detective stepped inside the bedcham-
ber and closed the door. He returned
to the living room and studied the
painted sills, with a puzzled frown
knitting his brow.

“What is it?” Woods asked eagerly.
“Have you found something?”

Wire did not reply for a moment.
Then he turned and shrugged. “That
door had me for a minute,” he said.
“Its panels on this side are blistered,
but it’s scarcely scorched on the bed-
room side.”

lll Fortune Seen

“That's fairly simple,” the treasury
man explained. “The killers fled and
left the door completely open. In that
position the panels that normally
would face into the living room were
exposed to the worst of the flames in
the bedroom, while the bedroom side
of the door was protected from the
fire.”

“Yeah,” said Wire. “I figured that
out, too.”

The detectives had scarcely returned
to headquarters, where they would
await an autopsy ‘report and the re-
sults of the identification bureau’s
inspection of the benzine and milk
bottle fragments for fingerprints, than
a witness in the murder of Mrs. Woods
was ushered in. She introduced her-
self as Mrs. Fielding Jordan, a friend
of the dead woman.

“Sit down,” Wire invited. “Tell. us
what you know.”

“T liked poor little Maryetta,” Mrs.
Jordan began. “She used to come
over to my house for an occasional
dish of tea. She often asked me to
read her tea leaves. I’ve done a lot of it:

1

“Well,” the elderly, white-haired
woman went on, “just three weeks
ago she was sitting at my table when
something very unusual occurred. I
saw something in the leaves I didn’t
want to tell her. There was a funny
look in those pale blue eyes of hers
when I kind of hesitated.

“What is it you see?’ she asked
me, all breathless. So I told her. I
saw her face in the cup. She was
afraid, running away from some one.
There were two men, devils with long
tails and pitchforks .. .”

‘Mrs. Jordan,’ Detective Egbert
reproved gently, “we were under the
impression you had something im-
portant to tell us. I’m afraid your tea
leaves are not very useful as a clue in
this case.”

“Oh, I’m coming to that,’ she said

Detective Chief Riley M. Beckstead
used publicity to solve the mystery
of two men resembling the bandits.

eagerly. “I didn’t take the tea leaves —

seriously—it’s just an amusing pastime
—but it did~trouble poor Maryetta.

She turned pale, sat there for a few:

minutes, then got up without a word
and went home. It-was the last time
I saw her alive.”

“Thank you for coming in,” Egbert
said, moving toward the door.

“But just a minute,” Mrs. Jordan
said earnestly.. “I’ve not finished.
After the—after what happened today,
I heard about the two men who did it.
Right off I remembered about the two
devils in the tea-cup. And I saw them
too.”

“What?”

“The men who killed Maryetta. It
must have been them. They certainly
fit the description I heard Mr. Woods
gave of the robbers. And the time
was right, too, just after 12:30.

“I had just come out of the butcher
shop right across the street from the

Pauline Apartments. I saw a man
jump from the second story balcony
of the building. He got up quickly
and looked around, as if he wanted to
know whether anybody saw him.

“He hurried around the corner and
another.man met him there. This
fellow came out of ‘the alley by the
house. He was the short man in a
mackinaw. The one who jumped was
a big man. He had on a brown over-
coat, and carried something in his
hand that looked like a monkey
wrench.”

When Mrs. Jordan left the officers
decided quickly. upon another visit to
the Pauline Apartments. Not only
had the witness substantiated Woods’
story of the murder with her descrip-
tion of the two suspects, but she had
given them reason to believe that Mrs.
Woods, at least, could have known the
killers. .

Why had she been unduly afraid
when her friend, reading the tea
leaves, had seen disaster ahead for her

“ at the hands of two men? Was it not

likely, despite his denials, that Woods
had made mortal enemies at some time
in the past? Perhaps men he had
sent to prison while on the bench;
possibly someone he had turned in in
his estate tax investigations. They
were anxious to question him further.

However, upon their arrival at the
Pauline Apartments they learned
Woods had left for police headquarters
only a few minutes before. They tele-
phoned to have him await them there,
and continued their probe in the
apartment house and the neighbor-
hood.

No other tenants were found who
had seen the big man and his stocky
accomplice leave the building. But one
resident recalled hearing a thud on
the floor of a second story flat, and a
woman’s cry, as if from fear or pain;
the neighbor woman placed the time at
about 12:30. Another tenant said that
in the past she had heard the sounds
of a woman crying and whimpering in
Apartment No. 4.

Arnell Ballinger, the janitor, also
had heard cries in the Woods’ quarters
from time to time, but thought noth-
ing unusual about them. “Poor Mrs.
Woods wasn’t at all well,” he said.
“She was probably in pain a lot.”

No Fingerprints

Neighbors who had observed the
couple told the sleuths that Omer
Woods was obviously deeply in love
with his wife, that he continually
showered her with little attentions be-
tokening his affection.

In canvassing the neighborhood,
seeking further trace of the two men
Mrs Jordan had seen fleeing the
address at the approximate time of
the murder, the investigators talked
with a bar- (Continued on page 46)

FRONT PAGE DETECTIVE

How observ

get in touc

LOT PERE OG ae REE
Shee SEE ER e
a : ~ Me

xT ARE RET

scar on left si
small hands; he
3

LAZAR¢
AGUILIA

BENNIE ED TC
1940 for theft
is 27, 5 feet 7!
black curly hair
RAMOS

and black hair, i:
as houseboy, bus
extra. Tattoo o
are no fingerpri

. have fled from B

He has no knowr

AUGUST, 1943

i ile calla ae RUS TpAT “9

Wanted in Los
lieved to be an
29, 5 feet 8 incl

th electric
reeled out
apartment.

y professional

Apartment No. 4
open and Omer
ed out. Through
‘k cloud of smoke
m, and he pawed
seeking fresh air.

in the hallway
’ seemed scarcely
ven they saw why.
und with a length
his features were
ed. His shirt was
madly dazed.

the Pauline Apart- ;

First South Street
seemed to be an
2 first floor rose
tenants scurrying
gh the street out-
ig of sirens as fire
swer the alarm.

2d Woods, reeling
She’s still in there.

l, the third floor
ioted smoke seep-
1e floor below her,
lf-strangled man
looked helplessly
‘ell, who with her
apartment house.
heard the wailing
aired at the stair-
sting nervously.
ded only to glance
rolling from the
o realize any at-
fire would be im-
ling dread struck
.e solar plexis, and
athy sprang to her

little Maryetta
in that holocaust!
corching air from
e the nauseating

gettable odor of
1 to the quivering
.e corridor.

tter on the stairs
men. Firefighters
»s, led by Captain

ONT PAGE DETECTIVE

pres Bae

ets ise

of the

William Hancock, and bearing chemical .anks. a hose and
nozzle, axes and crowbars.

Lowering their helmets against the fic. ce heat, Hancock’s
men followed him blindly into the smoke. Inside the living
room the veteran fire department officer was surprised to
see that the blaze was confined to another room off it, that
the chamber in which he stood was nearly free of smoke.
All the windows were closed, and the dense clouds were
pouring into the hall only because the opened door had
created a draft.

Captain Hancock kicked open the bedroom door, which
stood only about eight inches ajar. Ir the midst of the
flames he saw the iron skeleton of a bed and the dim out-
lines of a burning chair and dresser. With a hoarse com-
mand he sent a chemical squad into action. "

At once the foaming streams hissed into the red hell, and
within a few minutes the fire was bea‘ca cown to a few
smoking embers.

The sweating fire captain was not
spectacle revealed when cold drafts
from quickly opened windows swept
the living quarters of smoke. On the
burned mattress lay the blackened
body of a woman, and the strange-
ness of its position brought Hancock
to the bedside in a hurry. He knew instantly she was dead.

The corpse, that of a small woman, lay on its side with
the hands together behind it. Peering closer the captain
observed the ashes of cords which had bound the dead
woman’s wrists. Her feet, too, had been tied, he noted, and
despite the charred condition of the body it was obvious
that she had been gagged with a thick cloth, apparently
a towel. .

Hancock snapped an order to one of his men. “Notify
the police at once. And see that no one is perrnitted on this
floor until they arrive.”

Awaiting the arrival of the police, the fire captain sought
to learn the origin of the fatal blaze.

Miss Kimball related how shé had been sitting in her
living room that raw afternoon of January 9, looking out
upon the snow-crested peaks of the Wasatch range to the
east, when she sniffed smoke.

“It was just 1:20,” she said. “I remember glancing at
my clock. I ran downstairs and saw little wisps curling
out from beneath the door of No. 4. I called for the janitor,
but he wasn’t around. Then I dashed over to the Cottrells,
in the Progress Apartments next door.’

Odor of Benzine

“My husband and | own both buildings, captain,” the
landlady explained. “I came back with Miss Kimball, and
banged on Mr. Woods’ door, yelling for whoever was inside

repared for the

BY JACK

AUGUST, 1943

Tr

to open up. Nobody answered. I had my keys, all together
on a ring, and started trying them in the lock, one by one.
I was so excited I couldn’t remember which one to use.”

“Who turned in the alarm?”

“One of the tenants, but I don’t have any idea who,”
Mrs. Cottrell replied. “Several of them smelled the smoke
and were becoming very frightened. I shouted for some-
body to call the fire department, and I guess one of them
did. Then just as I found the key that worked, the door
opened and Mr. Woods tottered out.”

“His face was badly bruised, his shirt torn, and there
was that wire still wrapped around his legs,” said Miss
Kimball. “While you were extinguishing the flames we got
him into a neighbor’s apartment. He seems rather badly
hurt.”

Captain Hancock went into the flat where Woods reclined
on a sofa, only semi-conscious. The man’s face was bloody,
his eyes bruised and swollen and his lips were cut, seem-
ingly from a gag. ;

“Maryetta,” he groaned. “Get her
-out! Hurry!”

The neighboring tenant was bath-
ing his face .with cold water, and
presently the disheveled man sat up.
staring at the fireman. Hancock saw
that he was about 40, of medium size, with a shock of black
hair and a dark mustache.

“Can you tell me what happened, Mr. Woods?” he asked
gently.

The apartment dweller who had just escaped death in
the flames looked blankly at his questioner.

“My wife... ?” he asked weakly.

Hancock did not tell him of her fate. As it happened
he did not have to. From the corridor, through the open
door, the rough voice of one of the firefighters reached the
distraught husband.

“Better not touch that woman’s body till the cops get
here,” the fireman called out.

“Good God!” Woods mourned. “You couldn’t save her?”
The captain shook his head.

Detectives Lester F. Wire and Jack Egbert soon arrived
from headquarters, bringing with them City Physician
John J. Gilligan.

The sleuths quickly obtained the information Captain
Hancock possessed. ‘“There’s one thing you'll want to
know before you begin your investigation,” he told Wire
and Egbert. “This is an arson case.”

“Are you sure?”

“Come inside the Woods’ apartment with me,” he invited.
“Now sniff. Smell the benzine?”

The odor was unmistakable. The detectives then stepped
into the bedroom, where Dr. Gilligan was examining the

HARRELL

3


|
|
|

gruesome remains of the victim.
“There’s not much I can do here,”
the physician informed the officers.

_ “But from a very brief inspection I’d

say she was dead before the fire:

started.”

“What makes you think so?” Wire
asked.

“The absence of blisters,” said Dr.
Gilligan. ‘Heat will blister live flesh
but not dead. Obviously she suf-
fered several hard blows before or
after she was bound and gagged. I’ll
be able to give you more specific in-
formation after the autopsy.”

Wire and his partner immediately
sought Omer Woods. The man had
fully regained his senses, although
obviously the shock of learning his

t

Mrs. Maryetta Woods heard a friend
read her tragic fortune in a tedcu
three weeks before she was killed.

wife was dead had been a severe blow.
He sat staring at the floor; he did not
even look up when the detectives ap-
proached him.

The sleuths seated themselves in big
chairs facing him and began talking in
calm, sympathetic tones.

Degcribes Intrusion

“There’s certain information we will
have to obtain from you,” Wire began.
“T know it’s difficult, but I hope you'll
understand.”

“Yes, I understand, all right,” Woods
replied. His speech, although his
voice was listless, was unquestionably

‘that of a well-educated man. “You

see, I’m a detective myself.”
“What?”
“A government operative, rather.”

FLAME BLISTERS UPON A DOOR TOLD

OFFICERS WHO HAD

16

x a

ek Nee
establish as toed able

The murder victim's husband described two bandits who, he said, pushed their
way into his living quarters (outline) on the second floor of this building.

Wire and Egbert exchanged quick,
puzzled glances. Woods continued in
his dull monotone. “I am an investi-
gator for the Department of Internal
Revenue.”

“Then perhaps you will be able to
help us a great deal in running down
your wife’s murderer,” Egbert said
evenly.

“Yes,” agreed the federal agent. “I
think I can help.” Bitterness edged
his words. “I'd give my life to see the
man responsible for her death face
the firing squad.”

“That’s where he’ll end up,” vowed
Wire. “We'll give you our word on
that.” :

“There were two of them,” Woods
began. “I came home for Junch as
usual, and after Maryetta and IJ ate I
went into the bathroom to shave. Just
then the doorbell rang.

“My wife was busy in the kitchen,

so .| answered it. Two men thrust
their way into my apartment before I
could ask what they wanted. Both
had guns. They backed ine up against
a wall.”

“Then you can describe them?”
Egbert interrupted.

“Quite well. One was a big fellow,
powerfully built. He wore overalls
and a brown, faded overcoat over
them. The other was short and stocky,
dressed like his pal in old overalls. He
had on a mackinaw. Both were. dark,

and wore old, nondescript hats. They

spoke gruffly.. I should guess they
were trying to disguise their normal
voices. ,

“The big fellow demanded my
money. ‘We know you got a wad on
you, Woods,’ he snarled. I handed
over my wallet. It had $100 or more
in it,

“Maryetta heard the doorbell and
the voices, and had come into the
room,” the internal revenue officer
continued. “The short bandit grabbed
her, and I thought she was going to
faint. She has been sickly a long time.
Her lungs.

“Well, I started to go to her, pro-
testing meanwhile against that rough-
neck manhandling her. Something
hit me from behind. I got up and
fought with the big man. .He kicked
me back into the bathroom, and then
I went unconscious.

“When I came to, I was lying on the
bathroom floor, my wrists and legs
bound and a gag in-my mouth. I
smelled smoke. Luckily my hands
were only loosely tied, and I managed
to get them free.

“While I was ripping the gag out of
my mouth I heard a pounding at the
door. Somehow I lurched across the
living room to it, and just then it
opened. I must have staggered out
into the hall. I don’t remember any-
thing after that until I awoke in here
and saw a fireman standing in the
room.” ad

It was possible, the Salt Lake City
detectives agreed, that the bandit-
killers were confident their frightful
attempt to leave no eyewitnesses be-
hind had been successful. In that
event they might go slowly in making

THE SALT LAKE CITY

STARTED THE FATAL APARTMENT BLAZE

FRONT PAGE DETECTIVE

a ll

their we
nervous

“We'll
newspape
Woods s
Wire said
be pickec

He tele
had occu
asked th
suspects,
transmitt
all office:
All possi
taken, he
escape b:
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Assure
Burbidge

From slits
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in Salt Lz
fectively
cincts, De
began a «
burned ar
the care
dispatched
the morgu
Immediz
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had doub:
sole moti.
Woods ap:
“Thugs «
declared.
if it’s at al
have to k
hideous m
the two
gagged th
them.”
“Unless
son for lea
Egbert put
could have

AUGUST, 19¢