Not Innocent: The Investigation (part 5)

XXXXX is used in this transcript to denote where the State Police have blacked out the names of minors and medical information. I’ll restore, in square brackets, those names that I can from other sources.  There are several times where Mr. Gilham’s response is blank, so I assume that he answered with a nod or shake of the head, and in those places I’ve indicated it with “[blank].”


SHERIFF DENVER YOUNG: The following recording was made at the District Headquarters of the Oregon State Police of Salem, Oregon, on the 22nd of February, 1955, starting at 5:40 P. M. Those who are in the room at this time are Lieutenant Farley Mogan, Sheriff Denver Young and Sergeant Wayne Huffman. My name is Sheriff Young and I am speaking to Daniel James Gilham. Daniel we want you to understand before we start this recording anything that we say here or is recorded on this machine may be played back at any time later. That – you understand that? Say yes.


YOUNG: Now, is it your desire at this time, you indicated this afternoon and the previous ineterviews that we had with you, that you are willing and so desire to tell what you know about the matter at hand so that we can have all the information available?


YOUNG: Very well, we will start the statement and if you will speak loudly and rather than shake your head well say yes or no or answer the question is that correct?


YOUNG: Ok. Now Danny, I would like to go back and call your attention to the events that took place on the night and early evening of February 17 this year. Will you tell me, if you can recall, that was last Thursday night, what time did you leave home after dinner that evening?

GILHAM: About 6:30, I think.

YOUNG: And where were you going?

GILHAM: To band practise in Silverton.

YOUNG: And did you go directly to band practise?

GILHAM: No, I stopped on the way at my girls house.

YOUNG: Who is your girlfriend, Dan?

GILHAM: Colene Oveross.

YOUNG: Colene Oveross?


YOUNG: And she lived between your house and Silverton?


YOUNG: Alright, and what time did you arrive at her house?

GILHAM: Oh, I judge about fifteen minutes after I left home, be about quarter till seven, I believe I said 6:30 at first, I did not know for sure what time break – er supper was through.

YOUNG: Who was at Colene’s home when you arrived there?

GILHAM: Colene was home.

YOUNG: Just Colene and yourself?


YOUNG: And did anyone else arrive shortly after that?

GILHAM: Yes, her mother came and brought her daughter XXXXX [Karen] Colene’s sister.

YOUNG: Her mother and daughter came right afterward?


YOUNG: How long did they stay?

GILHAM: About fifteen minutes.

YOUNG: And did they both leave together?

GILHAM: I can’t remember for sure now.

YOUNG: I see, well at least they were both gone within ten or fifteen minutes?


YOUNG: And did anyone else stop and see you that evening?

GILHAM: Yes, Colene’s dad stopped about five minutes till eight.

YOUNG: Who is her dad? What is his name?

GILHAM: CAP Oveross.

YOUNG: Is Cap his name or is that a nickname?

GILHAM: Nickname.

YOUNG: What is his real name?

GILHAM: Casper.

YOUNG: Just call him Cap?


YOUNG:How long was Cap at the house?

GILHAM: About thirtyfive minutes or so.

YOUNG: What did he discuss while he was there?

GILHAM: Nothing in particular, just more or less a social call. You know what I mean. He was glad to see his daughter.

YOUNG: Does he make quite regular calls?


YOUNG: Does he visit the youngsters out there at the house quite regularly?


YOUNG: And as I understand it he and his wife are divorced?


YOUNG: What time would you say Cap or Mr. Oveross left the house?

GILHAM: Cap, did you say?

YOUNG: Yes. What time did he–

GILHAM: About 8:30.

YOUNG: And what did you do? After that?

GILHAM: We stayed there.

YOUNG: You did not go to band practise?

GILHAM: No, cause it was late and I figured I’d rather stay and not go at all.

YOUNG: I see, let me ask you then how late did you stay at Colene’s house?

GILHAM: I left at 10:30.

YOUNG: You left at 10:30 and had anyone else came into the house before you left?

GILHAM: Not that I can remember.

YOUNG: Did you go directly home? Did you see any cars or anyone else at the time—from the time you left Colene’s house yourself until you got home? I think you said earlier that you had seen some car pass?

GILHAM: Yes sir, as I was backing down the driveway a car went by.

YOUNG: Did it make any sign of recognizition to you.

GILHAM: Yea, it honked it’s horn.

YOUNG: And did you see what kind of car it was?

GILHAM: I think it was a Ford.

YOUNG: Did you have any idea whose car it was?

GILHAM: Well, I don’t for sure unless it was Cap’s. That was the only one that I know that had a car like that, unless it was just someone going by and thought I was going to back out in front of them or something.

YOUNG: Had Cap indicated later—er earlier rather in the evening that he might be going on towards Stayton?


YOUNG: That is the direction this car was coming from was it not, that honked at you?

GILHAM: Going towards Silverton?

YOUNG: Yes, from the Stayton direction or from the south. And you think it might possibly have been Cap’s car?

GILHAM: Well I wouldn’t swear to it, but I judged it was.

YOUNG: You were not out far enough in the road were you that you would have had to honk to stop you from backing in front of him?

GILHAM: Well, he’s coming up the road and I was just backing down the driveway and as far—well, if I’d been—if it just had been the other way around and I was going up the road I would have honked because I would know if this car was stopped or not.

YOUNG: I see, well, then did you proceed home?


YOUNG: And do you know about what time you got home?

GILHAM: About ten or fifteen minutes later.

YOUNG: Tell me what you did after you got home.

GILHAM: I went to bed.

YOUNG: Immediately?


YOUNG: And did you go right to sleep?


YOUNG: What happened shortly after that, that you can tell me about?

GILHAM: Well, I–

YOUNG: Were you awakened?


YOUNG: By whom?

GILHAM: My stepmother or step – or dad I don’t know which now.

YOUNG: And what is their names?

GILHAM: James Gilham is my dad, Jenny Gilham is my stepmother.

YOUNG: What is their address?

GILHAM: Rt. 5, Box 417, Salem.

YOUNG: That’s a Salem route?


YOUNG: Don’t you know whether it was your stepmother or your father that awakened you?

GILHAM: Well, I couldn’t say for sure. I just heard somebody talking then I woke up and my stepmother was talking. I don’t know if it was dad that hollered and awk – woke me up or not.

YOUNG: Was your stepmother in the room when you awakened?

GILHAM: It seems like she was in the hall.

YOUNG: I see, and after you were awakened what did you do?

GILHAM: I went outside – she said there was someone outside to – who wanted to talk to me and I went on out.

YOUNG: You dressed?


YOUNG: And what did you wear outside?

GILHAM: My pajamas.

YOUNG: And where did you go when you went out the door? Which door did you go out?

GILHAM: Front door.

YOUNG: And what did you do after you got outside?

GILHAM: Walked down the steps.

YOUNG: Now as I recall seeing that house there are two sets of steps?


YOUNG: One directly in front of the front door and then another short flight directly down to the driveway about eight or ten feet from the front door, is that correct?


YOUNG: And did you go to the driveway?

GILHAM: I only went down to the bottom of the second steps.

YOUNG: Alright, now was there a car in that driveway?

GILHAM: Yes, about thirty feet out I would say.

YOUNG: And was there anyone in the car when you got out or in sight?

GILHAM: There standing beside the car.

YOUNG: And who was that person?


YOUNG: You mean Casper Oveross?


YOUNG: What did he do?

GILHAM: He came up towards me and said that Ervin had three slugs in him.

YOUNG: Was he right up to you when he – before he spoke? Did he speak before he got up to you?

GILHAM: Well, as I remember he said it as he came up to me.

YOUNG: Was that that Ervin has three slugs in him?

GILHAM: He didn’t seem excited and he wasn’t drunk or anything.

YOUNG: And what else did he say?

GILHAM: He daid that I was his witness and that he was with me last night.

YOUNG: By last night do you think he meant earlier that same night was that what he indicated?

GILHAM: I suppose, I don’t know.

YOUNG: Was there anything else said at that time?

GILHAM: Not that I can remember right now.

YOUNG: What did Cap Oveross do after he spoke to you?

GILHAM: Well, we both turned around and he went to his car and I went back in the house.

YOUNG: Did you talk to anyone later that evening about the conversation?

GILHAM: You mean right at the time, I mean after he left?

YOUNG: Oh, during the night, Any time during the night after you went back in the house did you speak to your stepmother or your father.

GILHAM: When I went back into the house?



YOUNG: Did you speak to them later that night?


YOUNG: Now what time was that?

GILHAM: About a quarter till three I think. She said there was a telephone call for me.

YOUNG: And did you answer the phone?


YOUNG: Who was it on the phone?

GILHAM: Colene.

YOUNG: What did she want?

GILHAM: She wanted me to come down.

YOUNG: Did she say why?

GILHAM: She said that something had happened.

YOUNG: She didn’t say what?


YOUNG: I see, and did you go down?


YOUNG: You went down to the Oveross residence?

GILHAM: No to – she was down at her aunts. Harvey – Mrs. Harvey Kaser.

YOUNG: Oh, she was at Harvey Kaser’s residence. Was Mrs. Oveross there at that time?

GILHAM: I didn’t see her.

YOUNG: You didn’t see her. How long have you known Cap, Danny?

GILHAM: Since I’ve been going with Colene.

YOUNG: How long has that been approximately?

GILHAM: Just two years I think.

YOUNG: Have you hunted with Cap?


YOUNG: Do you have a rifle yourself?


YOUNG: What kind is it?

GILHAM: Marlin 30-30.

YOUNG: And when did you hunt with Cap?

GILHAM: Last fall.

YOUNG: What type of gun did he have to hunt with?

GILHAM: Lever action.

YOUNG: Rifle?


YOUNG: Do you know the caliber, Danny?

GILHAM: It was 30-30 or 32.

YOUNG: Your not sure which?

GILHAM: I’m no sure.

YOUNG: And, do you know the make?

GILHAM: I think it was a Winchester.

YOUNG: When did you see this gun last? I’m speaking of Cap’s rifle.

GILHAM: Well, that’s kind of hard to say ’cause I’ve been down to his cabin since deer hunting season and I’ve seen the rifle there along with his shotgun. But then I haven’t seen it for a long time. I just know while after hunting season I remember seeing it last.

YOUNG: I see. Have you seen Cap since Thursday night?


YOUNG: Where did you see him?

GILHAM: First? First you mean?

YOUNG: First time after the shooting took place and –

GILHAM: Out at Colene’s house.

YOUNG: What time of day was that?

GILHAM: Oh, when you came out there whatever time that was, I guess it was about – what time was it?

YOUNG: Oh, you mean that’s when Cap was with me in my car?


YOUNG: With the other officers. And when was the next time you saw him?

GILHAM: That was, lets see, Friday afternoon, after you guys turned him loose.

YOUNG: Where did you see him then?

GILHAM: Up at his brothers.

YOUNG: I think his name is Henry Oveross, is that correct?

GILHAM: I think that’s it yes.

YOUNG: You call him Hank?


YOUNG: And how did you happen to see him did he send word to you some way?

GILHAM: He hadn’t. I don’t think. No.

YOUNG: Who – how did you get the word, let me put it that way?

GILHAM: Colene and I were out where she lives and her cousin, Hanks daughter and husband came out and said that he would like – wondered if we would like to see him.

YOUNG: And you took Colene and her mother, XXXXX [probably Karen], and yourself and went in to see him is that correct?

GILHAM: No just Colene and I went in.

YOUNG: Oh, I see. I understood her mother went. Just the two of you went in?

GILHAM: [blank]

YOUNG: Where did you – you found him at Henry Oveross’ residence is that correct?


YOUNG: Was he awake?


YOUNG: He was asleep and did he awaken, did he get up?

GILHAM: I didn’t see him get up, no.

YOUNG: Did you talk to him yourself at that time?

GILHAM: Not at first.

YOUNG: Did Colene talk to him?


YOUNG: How long about, do you remember, Danny, how long she talked to him?

GILHAM: I don’t remember ’cause I was talking to his sister-in-law. It wasn’t very long.

YOUNG: Then you did later talk to him?

GILHAM: A little, yes.

YOUNG: What did he want to see you about.

GILHAM: Well, he wasn’t the one that wanted to see us they just wondered if we’d like to go down and see him and see how he was etc. and we just tried to ease his mind ’cause he seemed to in sort of – real nervous you know, and we tried to ease his mind try to change his mind from the subject.

YOUNG: Did you discuss at all the shooting?


YOUNG: And Ervin Kaser?


YOUNG: And did he mention it in any way?

GILHAM: Not that I can remember.

YOUNG: Later that afternoon what did you do?

GILHAM: What do you mean?

YOUNG: What did – what was your action, where did you go from there?

GILHAM: Well, Colene works over here in Salem and we came over here to her bosses.

YOUNG: I think her boss is Ralph Emmons, is that correct?


YOUNG: And did you talk to Mr. Emmons.

GILHAM: I didn’t talk to him I just sat there.

YOUNG: At that meeting with Mr. Emmons there was Colene, yourself and Cap Oveross?


YOUNG: In the journey over to Salem from Silverton what was the general topic of discussion.

GILHAM: Well, we just tried to – just like we first saw him that afternoon we just tried to on a subject to ease his mind. We tired to get him away that nervousness that he seemed to –

YOUNG: Did you tell him not to worry or they didn’t have any case or did you say they didn’t have any evidence or –

GILHAM: No, he didn’t say anything like that and we didn’t either.

YOUNG: But sometime did you not discuss the fact that Oveross had been or Ervin had been shot?

GILHAM: Well, we just – we didn’t – it was mentioned but then we didn’t say anything about it we just tried to pass it over so that he won’t worry about it, I mean try to work up his mind so he’d be more nervous or anything.

YOUNG: Did Cap in your discussions, Danny, talking to him regardless if you were trying to ease his mind or what, did he tell you that he did not shoot Ervin?


YOUNG: Later?


YOUNG: When was that?

GILHAM: Sunday.

YOUNG: What was the occasion for your talking to him Sunday?

GILHAM: Well we just thought maybe that he’d like to see his place – said he would like to see his daughter XXXXX [Karen] cause he hadn’t seen her for awhile, and so we went down to his cabin then, Colene and Mrs. Oveross.

YOUNG: Has Cap ever said anything to you about how he felt about Ervin Kaser?

GILHAM: Well, he didn’t like the way he was, at all of how he butted into their family affairs, he was the one who broke them up and caused their divorce and I know that myself.

YOUNG: How many times has he told you that speaking about Kaser that threatened to kill – that he would kill Kaser if he caught him with his wife or daughter or any other time?

GILHAM: Well, I didn’t count them or anything like that, just once or twice that he has mentioned that I can remember.

YOUNG: In connection with his wife or daughter or both?

GILHAM: Well, as I remember of – the last time that I can remember was with his daughter.

YOUNG: Did he feel that Kaser was trying to make a play for Colene?

GILHAM: Well, Colene thought so herself, and I guess, and so I don’t know if she told her dad or not anything about that.

YOUNG: And you don’t know if she had told her father?

GILHAM: No, I don’t. I suppose that she did but then I didn’t ever hear her say so.

YOUNG: Was it shortly after one of these times when Colene thought Ervin Kaser was making a pass at her that Cap told you that he would kill him if he bothered his daughter?

GILHAM: Well, he didn’t really tell me that he would kill him if he bothered my – er his daughter, he just didn’t like the whole situation of Ervin butting out with his wife and then just his family, main family affairs was the main –

YOUNG: Well, Danny, can’t you tell us a little more clearly and approximately what words he used in making those threats?

GILHAM: Well, he said I’ll shoot the sun-of-a-gun if he sticks his nose around my family affairs and tries to go out with Ethel and everything and bothers my daughter.

YOUNG: Who is Ethel?

GILHAM: That is Colene’s mother.

YOUNG: And the former Mrs. Oveross?


YOUNG: Did you, talking to your stepmother and father, did they ask you who had called you, who was down stairs that you were talking to on the night of February 17.

GILHAM: Well, I don’t think that they asked me, but dad said when they called me at first when his car was there that he thought it was Cap.

YOUNG: Do you remember him asking you later if, what Cap wanted?

GILHAM: Well, later on, when Colene called.

YOUNG: And what did you tell him?

GILHAM: Well, I told him that he was going somewhere, but I forgot where I said now where he was going, cause I just didn’t want to say anything then cause I didn’t know what was – you know if it was all – if he was just having a fit or what – I didn’t know if he knew what he was talking about cause I didn’t want to make an issue of it at the time or anything.

YOUNG: Danny, do you think that Mrs. Ethel Oveross believes that Cap shot Ervin Kaser?

GILHAM: I don’t know, but she just hoping that he didn’t, she doesn’t know or anything.

YOUNG: How does Colene feel?

GILHAM: About the same.

YOUNG: Is Cap a pretty good shot with a rifle?

GILHAM: Well, I never have been target practising with him or anything, so I couldn’t tell you how good a shot he is or anything like that.

YOUNG: Did Cap ever find Ervin Kaser hiding in the basement of his house, that is the new house that he is building in back of the old one?

GILHAM: I don’t know, that is the first time I have ever heard anything like that, I never heard anything about that.

YOUNG: You never heard anything about that?

GILHAM: No, I never have.

YOUNG: Kaser hiding in the basement, Cap finding him?


YOUNG: Have you known for some time that Kaser had been – and Mrs. Oveross have been going together?

GILHAM: Well, we didn’t – I didn’t know for sure, but I just, well everything sort of looked like they were.

YOUNG: Had you and Colene discussed it?

GILHAM: Yes, some.

YOUNG: How long back, how long ago did you talk it over with her?

GILHAM: With Colene?

YOUNG: Colene.

GILHAM: Well, first time I knew anything about it was, I think it was before their divorce.

YOUNG: Did Ervin Kaser, to your knowledge, ever call Ethel Oveross on the telephone?

GILHAM: Well, at times when I have been down visiting Colene the phone has rung and Colene has answered and no one just didn’t seem to answer and then they just hang up. She didn’t know who it was or anything, but she just kind of imagined that it was him. Has a suspicion I guess.

YOUNG: Does she make any remark to that effect at the time?

GILHAM: Oh, she just said it made her kind of sick the way that this Ervin kind of sneaks around.

YOUNG: On Friday evening of the 18th, Danny, did – as I understand it Cap Oveross and yourself and Colene visited an attorney in Salem?

GILHAM: In the afternoon.

YOUNG: And who was that attorney?

GILHAM: Bruce Williams.

YOUNG: Did Mr. Williams take a statement from Cap Oveross and yourself?

GILHAM: He just talked to us.

YOUNG: He didn’t make a recording of it or did he take a signed statement?

GILHAM: Well, he – no he didn’t take any signed statement, no.

YOUNG: What was the – I believe we’ll have to hesitate here for a little bit, Danny, and change our record, we’ll turn it over and proceed with the interview on the other side. This is the second side of the recording taken at State Police Headquarters in an interview with Daniel James Gilham and Lieutenant Farley Mogan, Oregon State Police, Sergeant Huffman of State Police, and Sheriff Young. Danny, lets refer back for a moment to the night of February 17 about short after you’d gone to bed and had been awakened. You said you went out your front door of your house and found Cap Oveross out there and near his car and he came over and had some conversation with you, is that correct?

GILHAM: A short one, yes.

YOUNG: What appeared to be Cap’s physical condition? Did he appear to be drunk or sober?

GILHAM: He was not drunk, I know that, because well, you can just tell the way a person acts when their drunk, you know, and he seemed real quiet and I couldn’t smell any alcohol. I would have, and any intoxicating liquor or anything on him.

YOUNG: Was he nervous?

GILHAM: No he seemed to be real quiet.

YOUNG: Calm and talked quietly?


YOUNG: And, you said, I believe, that his first statement was that Ervin had three slugs in him?


YOUNG: And, you would be his witness, is that correct?


YOUNG: Did he also say “I was with you last night”, are those his own words?

GILHAM: Well, as near as I can remember them, yes.

YOUNG: You knew Ervin Kaser, did you not?

GILHAM: Yes, but I never seen him much, never talked to him or anything.

YOUNG: And you didn’t attempt to ask who shot Ervin Kaser when he told you he had three slugs in him?


YOUNG: Well, did it – was that because you assumed that Cap had shot him?

GILHAM: No, I just didn’t know who – er who had at all, because I don’t know it just seems like a bad dream or nightmare, I just didn’t know –

YOUNG: What was your thought when he said that you would be his witness?

GILHAM: Well, it just sort of had me puzzled, you know, I couldn’t figure it out or anything, I didn’t know hardly what to think then.

YOUNG: Did you think that he was wanting you to supply an alibi for his whereabouts?

GILHAM: At the time, I didn’t think anything about it, but then I went to bed and layed there a long time, it seemed like a week or so, before I could go to sleep. I kept thinking about it and I don’t know I just couldn’t keep my mind functioning or anything, it just didn’t seem to function.

YOUNG: What did you finally determine he meant by it?

GILHAM: Well by the time – well, I thought maybe he just wanted me to help him out or something, I didn’t know for sure what his idea was. If he wanted me to lie for him or –

YOUNG: You had not been with him that night or the previous night had you, other than a half hour at Colene’s house?

GILHAM: What, will you repeat that again please?

YOUNG: I say, you had not been with him at any time that night or any of the time earlier other than the half hour that he spent with you at Colene’s?

GILHAM: Well, that afternoon I was with him in town.

YOUNG: Was he nervous then or had he been drinking?

GILHAM: No, about a month and a half ago he quit drinking and he didn’t seem to drink or anything at all.

YOUNG: Did he discuss Ervin Kaser that afternoon when you saw him in town?


YOUNG: Did you tell Colene and her mother of Cap’s visit to you at your home that night?

GILHAM: I told Colene, but I don’t know if her mother knew about it.

YOUNG: Where did you see Cap when you were in Silverton that afternoon of the 17th?

GILHAM: Downtown.

YOUNG: Whereabouts?

GILHAM:My directions are kind of mixed up in Silverton, but then it was right on up the street, up towards Copeland’s from that first bank there. We stopped and talked.

YOUNG: Were you on the street, both of you, or in your car?

GILHAM: In the car. He came up and parked by me and he honked and came up there and parked and he got out and stood and talked with me. We talked on a job for Dault, up here that we earlier, about Christmas time had framed for him and he was dickering on the job so that he could try and get it so he could finish it.

YOUNG: Do you know where Cap is working now, tonight I mean, today?

GILHAM: No, I don’t.

YOUNG: Do you know whether or not Cap ever had a rifle repaired anywhere around Silverton or Salem?

GILHAM: No, I don’t.

YOUNG: Do you know what kind of ammunition Cap shoots?

GILHAM: No, I can’t say for sure that I do know.

YOUNG: Earlier that evening about 8:00, when Cap visited you and Colene did he ask about Mrs. Kaser or Mrs. Oveross, pardon me?

GILHAM: Well, he left some money but I don’t know what that was for. $10.00 he said to Colene to give it to her – I don’t have any idea what it was for.

YOUNG: Did he ask where she was?

GILHAM: I think she did – er I think he did.

YOUNG: Did Colene tell him or did she know where her mother was?

GILHAM: I don’t think she knew for sure. She said where she was going, but then I just can’t remember where she said now. I think she was out in the kitchen, she was going out the back door and I was standing in the living room.

YOUNG: Was it some kind of a club meeting or lodge meeting or something?

GILHAM: It seemed like it was something like that, but I didn’t hear close or anything to make it out too clear.

YOUNG: You don’t – you do think that Cap inquired about where his ex-wife was, did he not?

GILHAM: I think he did, yes.

YOUNG: Do you think Cap had a rifle in his car when he came to see you the night of the 17th?

GILHAM: I have no idea. I seen his car just drive up outside.

YOUNG: You weren’t up to his car?


YOUNG: What lights did he have on his car when they were parked?

GILHAM: Just headlights.

YOUNG: Do you recall if the dome light was on or not?

GILHAM: No I don’t. Fact is I can’t remember if he even had his headlights on when he came outside himself. Well, I can’t say if he turned them off or not.

YOUNG: Do you recall whether Cap got back again on the paved road, whether he went to the right or left?

GILHAM: I didn’t pay any attention.

YOUNG: Did he stop between your house and the road?

GILHAM: Between my house and the road? Do you mean –

YOUNG: Between your –

GILHAM: That night?


GILHAM: I don’t know I went back into the house and right up to my room.

YOUNG: Did Cap by any chance leave a gun at your house for you to hide for him?


YOUNG: Has he ever mentioned since then his rifle in anyway?

GILHAM: Since then?



YOUNG: Did Cap also used to have a smaller rifle and a smaller bore, 25-20 or 32-20 or something like that?

GILHAM: I never knew of it if he did.

YOUNG: Did Cap ever tell you about observing or watching Ervin Kaser’s house from a field out back?


YOUNG: Or near by?


YOUNG: You’ve never heard him mention that?

GILHAM: Well he’s never told me to watch or to observe it or anything.

YOUNG: Has he ever told you that he had watched Ervin from the field?


YOUNG: Did Cap ever tell you – mention anything to you about actions of his wife and Kaser at the time Mrs. Oveross was driving tractor for Kaser?


YOUNG: Did Cap do considerable shooting and target practising with a rifle?

GILHAM: Well, I just never have seen him target practise or anything.

YOUNG: You went hunting with him last fall as I understand did you not?


YOUNG: Did he get a deer?


YOUNG: Did you see him when he killed the deer?


YOUNG: Doesn’t he have general reputation around Silverton as being a pretty fair shot with a rifle?

GILHAM: I don’t know if it’s all around or anything or if he is but I guess he’s pretty good shot, I don’t know. I never have seen him shoot or anything.

YOUNG: Would you consider him a pretty good hunter? See a lot of horns around his place.

GILHAM: Well, I didn’t – I suppose he must be a pretty good hunter in order to get deer and everything.

YOUNG: Did Colene ever mention to you what kind of a gun her father had?


YOUNG: Do you think, Danny, that there is anything else at all that you can add to this interview or information that will help us in clearing up this matter?

GILHAM: I don’t know unless it would be about time – I guess it was about two or three weeks ago, I don’t know for sure when it was, that this Ervin bothered Colene on top of West Hill in Silverton.

YOUNG: Can you tell me about that?

GILHAM: Well of course I wasn’t there or anything but then, I guess Colene was coming home from work she stopped at the top of west hill to talk to one of her girlfriends and this Ervin, well it was just dusk but you could see faces yet and everything, I guess. And anyway this Ervin pulled up side and rolled down the window and stuck his head in and gave her a funny look and she tried just to ignore him then he just stayed there so she told him to gone on – go over the hill and get out of here or something like that I guess, I don’t know what it was. He just stayed there and finally he left.

YOUNG: Who told you about this incident, Danny?

GILHAM: Colene did.

YOUNG: Colene?


YOUNG: Did Cap know about it?

GILHAM: I presume that he did, I don’t know, I couldn’t say. I – She didn’t unless Colene had mentioned to him. I didn’t mention it to him or anything to him about it.

YOUNG: He was not present when she told you about it?

GILHAM: No, I don’t believe so.

LIEUTENANT FARLEY MOGAN: Well Sheriff I think this has covered just about everything here. Can you think of anything else we should know about this?

GILHAM: Right now I can’t think of anything, no.

MOGAN: Alright this statement that you making here this evening, is it the truth?

GILHAM: [blank]

MOGAN: And admitted by your own free will?


MOGAN: Because you wanted to make a statement?

GILHAM: Well, I just didn’t just come in – they came out and asked me.

MOGAN: Well, sure, but I mean no one has threatened you or mistreated you or anyting like that so that you would make this statement is that right?

GILHAM: Well, they said something about if I didn’t make a statement or something like that I could – what was it $15,000 to $20,000 for bail or soemthing like that or not – or be upheld for withholding material evidence or something like that.

YOUNG: Danny, isn’t what I said – This is Sheriff Young – didn’t say that if you withheld or covered up evidence you might become a party to this matter and that you could be held as a material witness?

GILHAM: Well, the way I understood was the way I stated.

YOUNG: Have I in anyway threatened you in anyway involving harm or –


YOUNG: Done anything to force you to make a statement?

GILHAM: [blank]

YOUNG: You agreeded, I believe, earlier in a written statement given to us verbally out at Mr. Richard’s farm that you were willing to tell us what you knew, voluntarily and give us all the help you could, is that correct?


MOGAN: Danny, this is Lieutenant Mogan speaking now, and this statement is the truth isn’t it?

GILHAM: As straight as I can tell it.

MOGAN: And don’t you want to tell the truth?


MOGAN: Do you have any objection then to telling the truth?

GILHAM: [blank]

MOGAN: Do you have any changes you want to make in this statement?


MOGAN: Have you told us anything that isn’t the truth?

GILHAM: Not that I know of – unless I just – something I mislooked or something – I mean you know just made a slip or something like that?

MOGAN: But your intention was to tell the truth in this statement is that right?


MOGAN: Do you have any hesitation about telling the truth?


MOGAN: Would you testify in court what you told us here this evening?

GILHAM: Well, what did I –

MOGAN: If your placed on the stand and sworn to tell the truth would you tell the same story that you told us here this evening?

GILHAM: Straight as I could.

MOGAN: There wouldn’t be a different story at that time?

GILHAM: No there wouldn’t be a different story unless I just – have to – it kind of racks a persons brain you know to have to slip up or anything like that.

MOGAN: And this is the truth as you remember it?


MOGAN: Well, that’s all I have to say, sheriff.

YOUNG: Well, I think that will conclude this interview then between Lieutenant Mogan, Sheriff Young and Sergeant Huffman. Interview with Daniel James Gilham and the time is now 6:38.


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