Not Innocent: Undated Police Documents – Investigation, Grand Jury, and Trial Preparation

Below are two undated documents from the police file.

This first one was probably created in late February or the 1st of March.  The second item on the list refers to taking a statement from Mary Kaser, which was done on March 3rd (at least, the recorded statement/interview of which we have a transcript).  Item #10 refers to contacting “Lena Stefeen” which was done on March 2nd (Lena Clark, née Steffen).  Also, there’s a long list of stores to check for purchases of a rifle.  So this first document had to be an early road-map for the investigation.


ADDITIONAL LEADS TO CHECK IN THE OVEROSS KASER MURDER CASE

1. Contact & question ROY HAGGE, lives near Eureka (Oveross has hunted on his place at night).
2. Take statement from MARY KASER, wife of victim, any info on women in Kaser’s life.
3. Check with husband & friends of LENORA JAESCHKE, (suicide victim on 2-18-55. Information that she had known ERVIN KASER).
4. Contact DONALD DAVIS, Capitol Fuel. Has info on woman in Madras, Oregon, who has supposedly been out with KASER.
5. Take Statement of R.D. METHANY, is friend of Casper Oveross.
6. Re-contact ERMA MOORE, (wife of Wayne Moore). Check with her away from her husband, any info she might supply on Oveross using Moore gun.
7. Re-contact Mr. BAILEY, former clerk at Hande’s Hdwe, he is to check for gun book sales.
8. Re-check COAST TO COAST STORES, Silverton, Old gun records.
9. Contact and secure statement from MRS. BURNS, formerly TOKSTAD, Silverton, supposedly girl-friend of Oversoss.
10. Contact and secure statement from LENA STEFEEN, Silverton, supposedly girl friend of Cap Oveross.
11. Check where Mrs. Oveross is to have parked her car, check time it would take her to drive home over route she stated she took.
12. Check FERES’ LBR. CO., Sublimity, re possible gun purchases by Oveross.
13. Contact William Roberts, Stout Creek Lbr. Co, Lyons, re Any guns bought by Oveross.
14. Check with HENRY AMUNDSON, EDWARD SCHUBERT, ROBERT MOON and EMIL WOOLFORD, borthers-in-law of Casper Oveross, as to type of guns they have, also secure same for ballistic tests.
15. Contact a lady that is 4-H leader in Silverton area, who is supposed to have seen 2 cars on 2-17-55, after shooting pass something between the cars on back road south of scene of crime. Thinks lady’s name is MRS LENSMAN. Check with 4-H club for name of leaders.
16. Check for Light grey late model Ford coach or sedan, 49 or 50 model, this car at Cabin #6, car left and gone about 15 min. there was also 2 other cars there, one a late model Chev. Salmon colored, and a pre-war model grey Ford. This was on 23 Feb 55, about 5:30 PM.
17. Check with DUANE HOPKINS and his girl-friend, they were at Cabin #5, on 2-17-55, they were visiting Mrs. HOPKINS, that night, heard car drive up to cabin about 8:40 PM, (Cabine 6), and it was there about 5 minutes and motor of car left running while some one went into cabin 6 and then left in car. (thought to be Oveross.) Watching TV.
18. Check Stayton for a young fellow, described as 21, nice looking, curly dark hair, does Carpenter work and has worked with Oveross. Has associated with Oveross considerable.
19. Check with Verna TAGLAND, mother-in-law, Mrs. Seward, 212 W. Center St, Silverton supposedly with Casper Oveross about 15 minutes after the shooting, talked to him.
20. Check gun stores in WOODBURN—MARQUAM–MONITOR–MILL CITY—HUBBARD–MEHAMA–GERVAIS–BROOKS–WEST WOODBURN—TURNER–SCIO–
21. Check with 1st Nat. Bank, Silverton, re Statements of Cap. Overss, if there is a $69.00 check written, date and etc.
22. Check PAWN SHOPS, Salem, Portland, for possible sale of 30-30 rifles since 17 Feb 55.
23. Check with D.C. MAULDING, near Silverton, supposedly has 30-30 rifle, determine if is a friend of Oveross, or still has gun.
24. Contact Mr & Mrs. Haberley, lives south Kaser’s residence. Re-statements made by Cap Oveross.
25. Check ZIMMERMAN BROS, Sublimity, they do work on guns, may know Oveross.
26. Check with GUY GRAHAM, does work on guns, Reserve Deputy, Marion County at present.
27. Send TWX to Humbolt County, for a check to be made with LLOYD OVEROSS, who is working Logging company near Happy Camp, California. Determine if he still has 32 Win mod 94, Ser. 1519912, which he purchased at Johnson’s Hdwe Co., Silverton, also if he knows type of gun owned by CAP OVEROSS, also where purchased, how long he has owned.


This second document was probably prepared by the police for the District Attorney in preparation for going to the Grand Jury and for the (hopefully) eventual trial.  Since it includes the rifle that was found in the Pudding River, the list was definitely created between then and when the Grand Jury was called the second time.  This document provides a very nice summary of the prosecution’s case.


ERVIN KASER HOMICIDE
Evidence collected and information that can be proven.

VICTIM: Ervin Oren Kaser, Rt 3 Box 115W, Silverton Oregon

DEATH CAUSED BY: Report by Dr. Harris, Oregon State Police Crime Lab.

The bullet from a 30 Cal. gun caused the death of Ervin Kaser. A portion of this bullet, the copper jacked was left in the body. This was removed and taken to the Crime Lab for comparison by Lab. technicians. This could have happened sometime between 10:10 PM and 10:50 PM 17 February 1955.

BULLET: Report by Ralph Prouty, Oregon State Police Crime Lab.

The bullet was a 30 Cal. bullet, copper Jacket, core missing. The copper jacket showed 6 lands and 6 grooves with a right hand twist.

NUMBER OF SHOTS FIRED: Photography taken by Sgt Johnson, Oregon State Police Bureau of Identification.

Photographs show two holes in the left door post, one in the left front window, one in the left front door chrome stripping.

EVIDENCE COLLECTED: Dr. Harris, Oregon State Police Crime Lab., Denver Young Sheriff Marion County.

1. One copper jacket from a 30 Cal. Bullet found in the body of Ervin Kaser.
2. One copper jacket, some lead core, found in the front seat of the Ervin Kaser vehicle.
3. One copper jacket found in the field just south of the Ervin Kaser driveway.

EXPOSURE TO THE CRIME: Statement of Ethel Oveross:

That she and Ervin Kaser met on the evening of 17 February 1955 at appx 7:45 PM. Place of meeting was the covered bridge over Abiqua Creek. They departed from this place in separate vehicles in time for Ethel Oveross to arrive at her home at appx 10:30 PM 17 February 1955. Ervin Kaser followed her from this place in towards Silverton.

* (Time run from this spot to the Ethel Oveross residence showed to be 5.9 Miles taking 9 minutes normal driving)

SUSPECT: Casper Oveross, Cabin 6 Hollin Cabins, 2nd and D st Silverton, Oregon.

MOTIVE: Ervin Kaser was the principle cause of the divorce between Casper Oveross and Ethel Oveross in October 1954.

THREATS:

Information from Charles Hopkins:

a. That Casper Oveross told Mr. Hopkins about 1st Sept. 1954 that he and another man had laid in the field and watched Ervin Kaser go to the Oveross residence and spend the night. Casper Oveross stated “I should have shot him right then, but I didn’t but I still thihnk I will shoot him, further, I have a friend in the pne for shooting his wifes lover and I sometimes wonder if it is worth it but after thinking it over I believe I still should shoot Ervin Kaser.”

b. Information From Robert Barnes, (Statement)

Casper Oveross was working for the Barnes Brothers and took the day off to sign his divorce papers. When he came to the Barnes place on that day he stated “Today I am a free man as I have signed my divorce papers, but if I ever catch that son-of-a-bitch under a roof I built I’ll kill him.” Robert Barnes spoke to Casper saying that he shouldn’t talk like that and Casper Oveross stated, “By God Robert I mean it.”

c. Information from Edith Kaser. (Statement)

About themiddle of September 1954 Casper Oveross came to the Harvey Kaser residence and talked with Harvey Kaser for some time about 11:00 PM. When Edith Kaser came to the door she heard Casper Oveross saying to Harvey Kaser “I’ll kill him, I’ll kill him, I don’t care if he is your brother.” With this Casper Oveross left the Kaser place.

OPPORTUNITY: Casper Oveross was well acquainted with the area surrounding the Ervin Kaser residence and various places that a subject could conceal himself and still observe the activities around the Kaser residence. Further it can be proven that he was in the vicinity on the date of the shooting and at close time to the shooting.

1. STATEMENT of Daniel Gilham: Casper Oveross came to the Oveross residence to visit his daughter shortly before 8:00 PM 17 February 1955 and left about 8:30 PM 17 February 1955.
2. STATEMENT Robert Burns: That he, while driving from his home to Silverton Oregon seen Casper Oveross back from the drive at the Oveross home and proceed towards Silverton. This was placed at appx 8:10 PM 17 February 1955.
3. STATEMENT Rose Mary Seward: That on the evening of 17 February 1955 at appx 8:15 PM she seen and spoke to Casper Oveross at Franks Grocery on west main street Silverton, Oregon.
4. INFORMATION Dennis Legard: That on the evening of 17 February 1955 appx 8:30 PM Casper Oveross came to the service station and purchased gasoline. While washing the windows and windshield of the vehicle no rifle was noticed in the vehicle.
5. INFORMATION Shirley Hopkins: That at appx 8:40PM to 8:50 PM a vehicle drove up in front of cabin No. 6 Hollin Cabins and a man got out and entered the cabin. It sounded like Casper Oveross, and subject stayed only a few minutes.
6. INFORMATION Duane Mattox: That while operating the TV at his sisters, Shirley Hopkins he heard a car drive up and he is sure that he looked out and noticed it to be Casper Oveross and he was alone, Duane Mattox believed this to be about 8:40 PM 17 February 1955.
7. INFORMATION Ray Ruscher: That he had been at Shorties Tavern on the evening of 17 Feb. 1955. That he came to the tavern about 9:00 PM and that Casper Oveross was there then or entered shortly after. Further that Casper Oveross had left the tavern by the time he left at 10:30 PM 17 Feb. 1955.
8. INFORMATION Rodney Oster: That he had arrived at Shorties Tavern about 9:35PM 17 Feb 1955 and had remained at the tavern until appx 10:15 PM 17 Feb 1955. During this time he had talked with Casper Oveross about 15 minutes. Casper had talked of his home problems and money problems. He did state to Rodney Oster that “My wife should be at lodge tonight but I suppose they are out together again.” He also mentioned his friend in the pen doing time for shooting his wifes lover.
9. STATEMENT Daniel Gilham: That while backing from the Oveross driveway at 10:30 PM 17 February 1955 Casper Oveross was traveling north on the Silverton Sublimity Hwy and that he honked at him as he passed.
10. STATEMENT Daniel Gilham: That at 11:00 PM 17 February 1955 Casper Oveross came to his home and stated that “Ervin Kaser has three slugs in him and that I was his witness and that he was tih me last night.”
11. INFORMATION Jenny Gilham: Information to verify the statement of Daniel Gilham and that she seen Casper Oveross in her driveway at 11:00 PM 17 Feb 1955.
12. INFORMATION Jerry Hoyt: That at appx 12:45 AM 18 February 1955 that Casper Oveross came into the Town House and drank a 7-up highball and a cup of coffee and left the Town House at about 1:20 AM 18 Feb 1955.
13. INFORMATION Silverton City Police Officer Painter: That Casper Oveross came to his cabin, cabin #6 Hollin Cabins at appx 1:20 AM 18 February 1955.
14. INFORMATION from Sheriff Young and State Police Officer Dunn: That Casper Oveross was talked to with his permission and was picked up at this address, Silverton Oregon.

WITNESSES OF THE INCIDENT:

a. STATEMENT of the E. Kellerhals: That they while in bed, heard the Ervin Kaser vehicle drive in the driveway of his home and they heard a second vehicle drive up and stop. They heard one shot and seen the flashes from three shots. They observed a vehicle pull out south on the Silverton Sublimity highway which appeared to them to be a Ford. They placed this time at 10:45 PM 17 February 1955.

b. STATEMENT from Ted Finlay: That he heard four shots and observed a vehicle heading south on the Silverton Sublimity highway almost by the time the shots echo had stopped. This was placed at 10:55 PM 17 February 1955.

c. INFORMATION form various other persons who heard the shots: Monroe Hanson, Wayne Moore, Mrs. Kaser, Julius Gehring, Jerome Gehring.

d. STATEMENT of Betty Hollin: That she heard two shots and heard a car going south on the Silverton Sublimity highway in a very shot time after the shots. Placed the time at 10:50 PM 17 February 1955.

ALIBI: During the questioning period by Sheriff Young and Officer Dunn, Casper Oveross denied that he was in the area of the Ervin Kaser residence any time during the day of 17 February 1955. He further denied that he owns any rifle at this time and that the last one was a 32-20 he sold about three years ago.

That he further accounts for his evening as being at Shortie’s Tavern and the Town House. However, he will not give the names of persons who might have seen him in these places of business.

WEAPONS SOLD TO CASPER OVEROSS:

RECORDS AT AMES HARDWARE: From a ledger sheet information was obtained that on 5 March 1949 Casper Oveross charged a 30-30 Winchester rifle, amount $62.45. Also the sales slip was located showing the sale on 5 March 1949 of a 30-30 Winchester rifle $62.45 and this information has been verified by the sales personnel Marian Zahler, Eugene, Oregon.

WEAPONS IN POSSESSION OF CASPER OVEROSS:

a. Information from Frank Dedrick, State Police: That about one week before hunting season, 1 October 1954, he and Casper Oveross did some target shooting. At that time Casper Oveross was using a 30-30 carbine.

b. Information from Clifford Kuenzi: That during the Elk hunting season, Novermber 1954, Noah Winger borrowed a 30-30 Winchester Carbine from Casper Oveross for this hunting season. This weapon was taken on a trip with Clifford and Lee Kuenzi, Alvin and Melvin Lund and Aflord Von Flue and Noah Winger. All except Winger has been contacted and verified the fact the weapon was borrowed and that it was a 30-30 Carbine.

* Test runs were made from the Ervin Kaser Residence to the Gilham residence and found to be 5 miles and normal driving time to be 5 minutes and 45 seconds.

* A check with gun experts and Prouty Oregon State Police Crime Lab reveals that a 30-30 Winchester Carbine has the 6 lands and 6 gooves as found on the copper jackets recovered.

EVIDENCE BOTH TESTIMONIAL AND MATERIAL THAT CAN BE PROVEN:

EMMANUEL KELLERHALL:

A. Can testify to the fact that he heard four shots.
B. That he saw the flash from three shots.
C. As to the time that he saw these shots.
D. That he saw the vehicle from which the shots came.
E. Description of the front of the vehicle, also the side view of the vehicle, and sound of vehicle leaving the scene.
F. Give location of the vehicle from which the shot was fired and the location of the Ervin Kaser vehicle.
G. That he observed Edith Kaser’s pickup go by shortly after the vehicle left south on the Silverton-Stayton Highway.
H. That he went to bed at 10:30 P.M., after the above incident and was talking to Melvin Kaser, heard the clock chimes strike 11:00 P.M.
I. That it was an exceptionally light night and the vehicle from which the shots were fired was a dark color.

CONNIE KELLERHALL:

A. Can testify to the body style of the vehicle from which the shots were fired.
B. That she saw the flashes from the gun.
C. That they had gone to bed at 10:30 P.M., after the above incident had occurred and her husband was talking to Melvin Kaser on the phone she looked at the clock and it was 11:00 P.M.
D. That she was awake at the time of the first shot, that she immediately jumped up and looked out of the window.
E. That she heard two cars, one of which pulled into the Kaswer driveway, the other just came to a stop on the road shortly after the first vehicle pulled into the driveway.
F. That she saw the color of the vehicle form which the shots were fired, and it was either a dark blue or black as it headed south on the highway immediately after the shots were fired.
G. That the vehicle from which the shots were fired had two tail lights and that both lights were burning.
H. That the vehicle from which the shots were fired had its headlights on when it pulled from the scene.

MELVIN KASER:

A. That he was called by the Kellerhalls and advised that they believed someone was shooting at Ervin Kaser.
B. That he phoned Harley DePeel, constable in Silverton.
C. That he arrived at the scene and observed his brother, Ervin Kaser, lying in the front seat of the vehicle.
D. As to information regarding his brother, Ervin Kaser.

JAMES PAINTER:

A. That he heard of the shooting over the police radio and went to the scene immediately and met Deputy DePeel at the scene, returned to Silverton and advised Chief of Police Rel Main at approximately 11:10 P.M., 17 February 1955.
B. At 11:15 P.M. checked taverns for Casper Oveross, was unable to locate him in any of the taverns.
C. Went to Cabin #6, Holland Auto Court at 11:20 P.M. and found no one in the cabin. Newspapers were over the windows. Watched cabin for a while, knowing that the cabins were equipped with gas stoves decided to investigate.
D. Cabin door not locked, checked the interior of the cabin, found it unoccupied, checked for firearms, none observed, observed box on drainboard of sink containing three live 30-30 Cal. Shells. Searched the cabin thoroughly for firearms, none found. Left the cabin and went back up town. Returned to cabin again when the sheriff and the officers picked up Casper Oveross. Observed at this time a shotgun in the bedroom of the cabin, which was not there at time of first entry into the cabin at 11:20 P.M. The box on the drainboard had been placed in the cupboard.

DENVER YOUNG:

A. Can testify to the statements of the suspect not owning a 30-30 rifle.
B. Can testify that Casper Oveross gave the alibi that he was in two taverns all evening and that he had not been at the Oveross home, and that he had not been within miles of the scene of the crime during the evening or the entire day of 17 February 1955, and that he had spent the entire evening from 6:30 P.M. to 1:30 A.M. In two taverns in Silverton.
C. That he refused to take the lie detector test.
D. Can testify to what was found in the Oveross cabin at 1:45 A.M. 18 February 1955, at the time he was picked up.
E. That Casper Oveross denied seeing his daughter on the evening of 17 February 1955.
F. That he denied killing Ervin Kaser.
G. That Casper Oveross knew Ervin Kaser was running with his wife, and that three years ago he was angry at Ervin Kaser and if he had wanted to kill him he would have done so then.
H. Can testify to the picking up and forwarding to the Crime Laboratory a series of rifles belonging to relatives of Oveross.

ETHEL OVEROSS:

A. Can testify to the fact that she has been running around with Ervin Kaser for a period of about three years.
B. Can testify to the fact that she has received a divorce from Casper Oveross and that Ervin Kaser was the basis for the divorce.
C. Can testify that Casper Oveross owned a rifle and that it set in the kitchen of the home most of the time; further, that he took the rifle when he left at the time of the divorce.
D. Can testify to the fact that Casper Oveross made threats to her about her and Ervin Kaser.
E. Can testify that she was out with Ervin Kaser on the evening of 17 February 1955, as to the time she left the house and the time she returned, and as to where they went.
F. That she heard four shots shortly after she arrived hom efrom being with Ervin Kaser and that shortly there-after she heard a vehicle go by, going south, followed by a second vehicle which she recognized as her sister’s pickup.
G. That Casper Oveross target practiced with his rifle behind the Oveross home.

GERALD HOYT:

A. Can testify that he was tending bar at the Town Tavern on 17 February 1955.
B. Can testify that Casper Oveross was not in the Town Tavern on the evening of 17 February 1955.
C. Can testify that Casper Oveross showed at the Town Tavern at 12:45 A.M. 18 February 1955.
D. That a little before midnight the city police officers came to the tavern and asked whether or not he had seen Casper Oveross and that they had told him of Ervin Kaser being shot.
E. Can testify to the actions of Casper Oveross when he did come to the tavern. Ordered a 7-Up highball, seemed nervous and laughed at almost everything said.
F. Can testify to the time Rodney Oster and his wife left the Town Tavern.
G. Can testify to the time that Casper Oveross left the Town Tavern at 1:20 A.M. 18 February 1955.

RODNEY H. OSTER:

A. Can testify to the time he arrived at Shortie’s Tavern which was 9:35 P.M. 17 February 1955.
B. Can testify that Casper Oveross was at this tavern at this time.
C. Can testify to statements made by Casper Oveross, “My wife is supposed to be at lodge but I suppose they are out together”; “ I dont think I will do anything about it as it isn’t worth it”; also, “Have a friend in the pen doing 99 years for killing his wife and boy friend.”
D. Can testify to the time that he left the tavern, which was about 10:20 to 10:25 P.M. and that Casper Oveross was still at the tavern at that time.
E. Can testify to him being at the Town Tavern between 10:30 P.M. 17 February 1955 and 12:30 to 1:00 A.M. 18 February 1955 and that Casper Oveross did not come into the Town Tavern during this time.
F. Can testify to the fact that Casper Oveross told him about his family troubles.

ROBERT BARNES:

A. Can testify to the number of years that he has known Casper Oveross.
B. Can testify to the type of gun that Casper Oveross has hor had.
C. Can testify to threats made by Casper Oveross against Ervin Kaser.
D. Can testify to following Casper Oveross’ vehicle at 8:10 P.M. 17 February 1955 north from the Oveross residence past the Ervin Kaser residence, and the actions of the driver, whom he recognised as Casper Oveross.

DANIEL J. GILHAM:

A. Can testify to the fact that he was at the Ethel Oveross residence on the evening of 17 February 1955 and that Casper Oveross came to the residence and left during the time he was at the Ethel Oveross residence.
B. Can testify that he stayed at the residence, leaving there about 10:30 P.M. 17 February 1955 and that he went home.
C. Can testify that upon leaving the Ethel Oveross residence he observed a vehicle headed north on the highway which he recognized as Casper Oveross’ vehicle.
D. Can testify to his stepmother waking him up and telling him that someone wanted to see him, and that he went to the driveway of his home and that it was Casper Oveross.
E. Can testify that he was awakened again that night to answer a call from Coleen Oveross and that he went to her home.
F. Can testify that Casper Oveross had a 30-30 rifle, lever action, and that it was a Winchester, and that he had seen this rifle at Casper Oveross’ cabin #6 after last hunting season, and around about Christmas time.
G. Can testify that he took Casper Oveross and Coleen Oveross to Salem to see an attorney on 18 February 1955.
H. Can testify that Casper Oveross inquired as to where he ex-wife was on the night of 17 February 1955, this was during the time Casper Oveross was visiting at the Ethel Oveross residence.

JENNIE GILHAM:

A. Can testify to the time that her son Daniel came home on the evening of 17 February 1955, approximately 10:30 P.M.
B. Can testify that she and her busband were in bed in an upstairs bedroom overlooking the driveway.
C. Can testify to the fact that she heard a vehicle come into the driveway and saw someone standing in the driveway yelling “Danny”.
D. Can testify that she awakened Danny and that he went downstairs to see who was in the driveway.
E. Can testify to the man’s actions.
F. Can testify to the identity of the subject.
G. Can testify to the time, as her husband asked her the time, and the clock is set fifteen minutes fast; the clock showed it to be 11:15 P.M. on 17 February 1955.
H. Can testify that the vehicle in the driveway was a dark color vehicle, that the dome light in the vehicle was burning, and that she observed the subject cover something in the back of the vehicle.
I. Can testify as to the location of the vehicle in the driveway.
J. Can testify that Daniel Gilham told her that he had just talked with Casper Oveross.

HARVEY KASER:

A. Can testify to threats made against his brother Ervin Kaser by Casper Oveross.
B. Can testify that Casper Oveross brought to his home a new 30-30 Carbine, still in the box.
C. Can testify that he has seen Casper Oveross target practicing in the pasture to the rear of his home.
D. Can testify to his son Jeffery Kaser bringing home from the Oveross pasture several shell casings.
E. Can testify that he turned these casings over to the State Police, Officer Riegel.

WAYNE MOORE:

A. Can testify to the type of gun owned by Casper Oveross.
B. Can testify to the type of shells Casper Oveross used.
C. Can testify that Casper Oveross is a good shot and can shoot quick.
D. Can testify that Casper Oveross has done target practice on his place.
E. Can testify that Casper Oveross told him that if he did not cease friendship with Ervin Kaser he would drop friendship with him.

CHARLES HOPKINS:

A. Can testify of threats made by Casper Oveross of shooting Ervin Kaser.
B. Can testify that Casper Oveross told him that he had laid in a field and watched Ervin Kaser go to his house and that he should have shot him then but he didn’t but he though he would yet.

NOAH WINIGER:

A. Can testify that he purchased a 32.20 rifle from Casper Oveross.
B. Can testify that he borrowed Casper Oveross’ new 30-30 rifle to take elk hunting in November of 1949.

OFFICER RIEGEL:

A. Can testify to the time run from the Ervin Kaser residence to the Daniel Gilham residence.
B. Can testify to the taking various shells and guns to the Crime Laboratory for test.
C. Can testify to taking the murder weapon to the Crime Laboratory for test.
D. Can testify to the finding of the sales slip at Hande’s Hardware, showing the sale of a 30-30 rifle to Casper Oveross.
E. Can testify to the finding of the invoice at Hande’s Hardware showing the purchase of two 30-30 rifles by Ames Hardware from Hibbard-Spencer-Bartlett and Co.
F. Can testify to the finding of the ledger sheet showing Casper Oveross’ account at the Ames Hardware for this 30-30 rifle.
G. Can testify to the statement of Casper Oveross to Lt. Mogan that he would not talk without his attorney being present, and on his permission.

MARION ZAHLER:

A. Can testify selling Casper Oveross a new 30-30 rifle and identify sales slip.
B. Can testify to invoice order on two 30-30 rifles.

OMER BAILEY:

A. Can testify to the fact that at that time he was in the sport section of Ames Hardware and that at that time rifles were very scarce and the possibility of there being a stock of rifles is almost an impossibility.

RALPH PROUTY:

A. Can testify to the photographs of the crime scene.
B. Can testify to the ballistic tests of the various rifles, also of the murder weapon.
C. Can testify to the comparative data on the various shells found on the Casper Oveross property.

DR. HOMER H. HARRIS:

A. Can testify to the cause of death and laboratory analysis.

The above is a compilation of the witnesses and their testimony, which witnesses the District Attorney has subpoenaed for Grand Jury appearance.


The police reports and the above list of evidence and witnesses seem to make a pretty solid case.  But you have to keep in mind that all bets are off when you get into a courtroom, and that a trial is not about “finding the truth.”  It’s an adversarial process, and each side is trying to shape the evidence and testimony to suit their own goals.  A trial’s process and its outcome rarely have much to do with ‘truth’ or ‘justice,’ it’s just portrayed that way on TV (sometimes…).

Next up: Jury Selection

Blogically yours,
Everett

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