avatar

About Everett

Being the reincarnation of Leonardo da Vinci, Everett is primarily and foremost a modest man, his single tiny fault being the habit of speaking about himself in the second person. His life is an open book. Everything else is as private as a politician's sex scandal in the hands of an investigative reporter.

Not Innocent: The Investigation (part 4)

Casper (Cap) Oveross

Casper (Cap) Oveross, 44, charged with first degree murder of Ervin O. Kaser, 49-year-old Silverton farmer, remained calm and resigned in the county jail Thursday, protesting that he is a victim of circumstances. Above exclusive close range photographs of the defendant show virtually no emotion in the various poses. The investigation Thursday settled down to a routine check-up of the defendant’s clothing, his automobile and that of the victim by crime laboratory experts. Meanwhile District Attorney Kenneth E. Brown is evaluating statements taken from numerous witnesses. (Captial Journal photos by Mike Forbes.)

The police continue to attempt to find the rifle used in the murder, checking records in stores that sell firearms. For those too young to remember it, Hande’s Hardware was in the brick building on the northeast corner of the intersection of Water Street and Main Street.  Before Carl Hande took over the store, it was Ames Hardware, owned by Norris Ames.  The transfer of ownership and the name-change occurred in the early 1950s.  At the same time, the police are trying to find witnesses who may have known about Casper Oveross’ guns, and to eliminate other possible suspects if possible.

Thursday, February 24, 1955

Sheriff’s Deputy R. L. Walker:

Subject: GUNS

REBS SPORTING GOODS 4090 Portland Road [Salem]

J. C. Mount 2295 Chemawa Road, Salem 300 Savage Remington 12/23/54
Don Madison Salem 300 Savage Mod 99 12/16/54
M. E. Clapper 5090 Silverton Road 30.06 Remington Pump Mod 760 9/27/54
L. R. DeHut 4150 Fisher Road 300 Savage Mod 722A 10/12/53
Louis Hince 640 Madison Salem 30.30 Mod 94 Carbine

SQUARE DEAL 263 Chemeketa [Salem]

John Albus Rt 1, Box 48 Aumsville 30.30 Winchester Mod 64 9/25/51
A. W. Fisher Rt 2 Box– Turner 30.30 Stevens Mod 325C 9/13/51
Loren Dunagan Cherry St. Silverton 300 Savage Mod 99EG 5/21/51
V. H. Watkins Box 94 Scotts Mills 300 Savage Mod 99EG 9/10/51
Fred Long Star Rt. Box 35 Silverton 30.40 Krag (Springfield) Mod 98 9/7/51
Paul Cox Rt 1 Box 205 Gervais 30.30 Winchester Mod 94 8/15/52
Lyle Klampe Rt 1 Box 187A Brooks 30.30 Winchester Mod 94 9/6/52
Glen Willmseher Rt 1 Box 165A Stayton 30.40 Krag (Spring.) Mod 1896 9/6/52

Sheriff’s Deputy Amos O. Shaw:

8:05AM: Contact Sheriff at office. Wants us to try and contact Sam Metheney.

8:20AM: Take 2 rifles from safe prepatory to taking to State Crime Lab.

#1- Gun was tagged by Sheriff Young rifle initialed

#2- 30-30 caliber rifle, Sheriff sign, and date 2-22-55 enscribed on rifle

9:05AM: Leave Salem for State Crime Lab.

10:20AM: At State Crime Lab. Leave guns, shells, cartridges and hat with Doctor Harris and get receipt.

11:30AM: Leave Crime Lab. For Sam Metheney residence

12:30PM: Check Sam Metheney property no one home.

1:45PM: Contact Mrs. Floyd Steiger, and she says Floyd will be home around 5:30 PM. Will attempt to contact later.

2:05PM: Contact Clyde Sprecht. No information gained.

2:24PM: Contact and obtain signed statement from Clyde Sprecht, Sivlerton. See statement.

3:00PM: Contact Chief Main, Silverton

4:30PM: In service

4:35PM: Contact Melvin S. Chandler, 205 Charles St. Silvertron regarding some places a person is likely to hide a gun.

5:15PM: Pick up State Officer Riegel and go for lunch.

7:15PM: Contact Floyd Steiger, and receive signed statement regarding case. He is a hunting pardner of Casper Oveross, and said Casper 4 or 5 yrs. ago went on hunting trip together, see statement for additional info.

7:50PM: At Barnes Brothers residence. Boys not home will try again later.

8:05PM: Gas car 2 while Officer Riegel phones Charley Hopkins and made an appointment to meet him at Cherry’s Cafe in Salem tomorrow.

8:45PM: Contact Mr. Merle G Eisenhart, at 335 Mill St. Silverton 62 yrs. Hearing good, eye sight good, clean appearance, gun smith, clerked for 2 years at Hande Hdwre, at that time Ames Hardware. Saw Cap hunting with a 8 millimeter and purchased shells from Mr. Eisenhart. Also has used a Model 94 Winchester. See statement.

11:00PM: At State Police office.

State Police Private Lloyd T. Riegel:

On the morning of 24 February 1955 Deputy Shaw and the writer proceeded to the crime lab, Portland, Oregon, and delivered to Doctor Harris three weapons that had been picked up throughout the investigation, three live rounds of ammunition and one shell case that had been picked up by Sheriff Denver Young, and the Ervin Kaser hat requested by Doctor Harris (see attached receipt from Doctor Harris).

Deputy Shaw and the writer then contacted Floyd Staiger, Rt. 1, Box 301 A, Silverton. Mr Staiger stated that he had known Casper Oveross since they were boys in grade school and that they had hunted together ever since that time. He further stated that four or five years ago he had went to Eastern Oregon hunting with Casper Oveross and at that time Casper Oveross was using a borrowed 8mm Mauser rifle. At this time Casper Oveross was quite discussed with this rifle and stated he wished he had brought his own rifle a 32-20. The following year Floyd Staiger and Casper Oveross returned to Eastern Oregon. That is the year that Casper Oveross got a large buck deer. A picture of Casper Oveross, Floyd Staiger, the deer and the two guns was displayed to the officers. Mr. Staiger further stated that the one gun, a 30-40 Craig, was his gun and the second gun was that of Casper Oveross. He believed this gun to be a Sport Winchester model 94 or a Marlin 30-30. he stated that to the best of his memory that this was a new gun at the time and Casper had sold his 32-20 rifle and had purchased this gun. Floyd Staiger stated that he did not know where Casper had purchased the gun or to whether he still had the gun or not. That was the last time that he had hunted with Casper Oveross.

Deputy Shaw and the writer then contacted a Merle G. Eisenhart, 335 Mill Street, Silverton, Oregon. Mr. Eisenhart stated that while he was clerking at the Ames Hardware in the years 1946 and 1947 that he had talked to Casper Oveross several times about rifles and ammunition. He further stated that he had sold Casper Oveross 8mm 30-30 ammunition for his rifles. He further stated that he had actually seen Casper Oveross carrying a model 94 Winchester Carbine and he assumed that this Carbine was the property of Casper Oveross. He further stated that he had actually seen him carrying a 8mm Mauser, bolt action, and from talking to Casper Oveross he got the impression that he owned either a Springfield or an Infield model rifle. Mr. Eisenhart further stated that Casper Oveross had always favored the 150 grain shell and that he always bought or tried to buy this shell when purchasing ammunition. He further stated that from his experience with Casper Oveross that he could say that he was an exceptionally good, quick shot, and that he would further say that Casper Oveross was one of the few men in the Silverton area that could shoot as well as the shots had been placed in the car. He stated that Casper Oveross had always favored the open-ironed peep sight but to the best of his memory he had never seen Casper Oveross own a telescopic sight of any kind.

Of all the above mentioned information written statements have been taken from these subjects giving their story in detail. The above written report is a brief of the complete statements, hitting only the more important parts of the statements. The investigation continues. Additional information is subject to a form three.

Sheriff Denver Young:

10:46 AM Contact this A.M. Hande Hdwe re:gun sales. Omer Bailey c/o Silverton Auto Parts. Marion Zahler, who was bookkeeper for Ames Hdwe.

10:55 A.M. Contact Johnson Hdwe. Re: gun sales. They sold gun to Lloyd Oveross brother of Casper Oveross

11:20 A.M. Contact James Painter, Silverton Police officer, 401 W. Main St., recd first info. when Car 4 was notified. Contact Hoyt at Town House 11:15 P.M. He and Bethscheider checked Cabin 6 at Hollan Court. Located cardboard box. Removed two 30-30 shells placed in paper sack. Picked up 30-30 shell from floor under the couch.

Failed to see shot gun on first trip to cabin. Did see gun on second trip.

1:10 P.M. Received info from James Beard re: Mrs. Jaeske suicide.

2:30 P.M. Accompany Dr. Harris & Ralph Prouty to 195 S. 23rd St., check Kaser car Lic. 569497 1949 Chev. sedan. Oveross car 1950 Ford couch license #1A 118. Contents removed and listed by Harris & Prouty.

Oregon State Crime Laboratory, Homer H. Harris, M.D.:

RE: KASER, Ervin Oren – MURDER C.D.L. #7858

Refer to the autopsy report from this laboratory dated February 22, 1955 regarding examination of the body of Ervin Oren Kaser.

The following items of clothing were removed from the body prior to autopsy:

Item #1 consists of a dark red and black plaid jacket with a total of five metal fasterners down the front, a metal fastern over the pocket in the front on each side and on the sleeves. A few fragments of metal are found on the outside of this jacket in the left should region as are very small fragments of glass.

In the back of the left shoulder region of this garment there are a series of perforations in an area approximately 2 1/2 inches across. The lateral aspect of these perforations begins at a point 1 1/2 inches to the right of the left should seam, and 4 1/2 inches below the seam across the top of the shoulder between the arm and the neck. The largest of these holes is 3/4 of an inch across, and roughly overlays the area of perforation noted in the body. This region is slightly stiffened with blood but there appears to be more serum than blood in the region. A few blood clots are found on the inner surface of the cloth. None are seen on the outer surface. Some pieces of toothpick are found in the left pocket of this jacket; In the right pocket there is a part of abdly worn paper towel, some tinfoil which appears to be part of a wrapper. Nothing else of a remarkable character is noted. Identifying mark is placed in the right front pocket.

Item #2 is the grey cotton work shirt bearing the label “Super Pioneer” in the collar. This is labelled “Size 42, 15 1/2 neck, Lot 804.” The shirt is badly worn. There are numerous small holes in all portions of the shirt. The buttonhole in the left collar region is particularly large and worn. No buttons are missing. However, there has been an obvious replacement of the third button on the right side of this shirt. In the right front pocket there is a note with handwriting on it stating, “lard, oranges, butter, bluing, and bread.” This is written in pencil. In the left front pocket there is an open package of Lucky Strike cigarettes containing nine unsmoked cigarettes. There is a moderate amount of loose tobacco in this pocket. The left should region is heavily stained with blood and there are numerous perforations in this area. The left shoulder region of this garment is the site of numerous perforations following a pattern similar to that described in Item #1 and found in the body of Mr. Kaser in this region. There is deposited on the outside of the garment a few fragments of metal and glass. The largest perforation is approximately 3/4 of an inch across.

Item #3 consists of a pair of grey twill trousers with a worn leather belt in place and a detachable belt buckle bearing the intials “E.O.K.” These trousers bear the manufacturer’s label, “Penney’s Big Mac Sanforized.” The contents of the pockets were described in the autopsy. Nothing else of remarkable character is noted. No blood stains are identified on this garment.

Item #4 consists of an underwear top bearing the manufacturer’s label “Craftsman Quality Underwear Size 42.” With the exception of staining of the left shoulder region of this garment with blood, the stains being heaviest on the inside, and a pattern of perforation similar to that found in the shoulder region of the other garments described and on the body, nothing of remarkable character is noted. The largest hole here is approximately 1 inch across.

Item #5 is the second part of the underwear described as Item #4. It is long-legged, and has a small area which is laced in the rear. Nothing of remarkable is noted on this garment.

Item #6 is a pair of grey socks. These are not remarkable.

Item #7 is a pair of brown loafer type shoes having some large drops of orange paint on the right toe, and smaller drops on the left. There is, in addition, smaller drops of white paint on either shoe. No blood stains are identified.

SUMMARY: Examing clothing removed from the body of Ervin Oren Kaser reveals nothing remarkable with the exception of the blood stains and numerous perforations in the garments which overlay the wound found in the body of Ervin Kaser.

On the outer garments there is a scattering of small fragments of metal and glass, particularly in the region perforated by the projectiles found in the body of Mr. Kaser.

Oregon State Crime Laboratory, Homer H. Harris, M.D.:

RE: KASER, Ervin Oren – MURDER C.D.L. #7858

There is received from Deputy Sheriff Shaw of Marion County and Officer Riegel of Oregon State Police, a grey hat which was first seen on the body of Ervin Kaser while he was lying in the front seat of an automobile in front of his dwelling on February 17, 1955. This hat bears the initials “E.R.E” in green ink on the brim, “L.T.R.” in blue ink on the inside of the crown, and has the initials “E.O.K.” imprinted on the hat band. The hat is manufactured by Mallory, Size 7 1/8. It bears the distributor’s name, “Jayson’s, Salem, Oregon.” The brim of the hat in just about the exact front has been perforated with the perforation apparently coming up and striking on the under surface of the brim and coming through on top. There are numerous fibers which are displaced upward in this manner. The tear associated with this perforation is 3/4 of an inch across. The perforation itself is about 1/8 of an inch across. In the crown of the hat there is a through and through perforation about the region where the head would normally set in the hat. This perforation is 3 inches from the brim of the hat, one inch from the front edge of the crown. The perforation enters the left side of the hat, and goes out on the right. The point of exit is somewhat larger than the point of entry. A smaller perforation approximately 1/32nd of an inch across is found in approximately the mid-part of the crown on the left side. No point of exit for this perforation is found. The second perforation is 2 1/4 inches up from the brim, and 4 1/4 inches to the rear of the front of the crown. No blood stains are identified on this hat.

Friday, February 25, 1955

Sheriff’s Deputy Amos O. Shaw:

8:00AM: On duty type up report

9:30AM: Discuss case with State Police and Sheriff Young

10:00AM: Attempt to contact Mr. Henry Wellman

10:40AM: Contact Henry Wellman. Doesn’t know of any guns belonging to Casper Oveross

12:00PM: Lunch at Cherry’s at Salem

12:45PM: Contact Charles Melvin Hopkins and obtain signed statement.

1:45PM: Contact Frank Sexton’s home, no one there.

2:45PM: Take signed statement from Robert Barnes, see statement.

4:00PM: Take a verbatum account of Harley DePeel note book.

5:00PM: Contact Sheriff and Sargeant Huffman reg. Activities

State Police Private Lloyd T. Riegel:

On 25 February 1955 Deputy Shaw and the writer contacted Henry Wellman, 1320 Wodows Ave, Salem, Oregon relative to any information on guns owned by CASPER OVEROSS. Mr. Wellman stated that he only knew OVEROSS as a person to whom he spoke. He stated that he had lived next door to HENRY OVEROSS for years but had never became acquainted with CAPSER. He further stated that he knew nothing about his guns or whether he even had a rifle.

Deputy Shaw and the writer contacted Mr. Frank Sexton, Rt 5 Box 416 Salem, Oregon. Mr. Sexton’s house is located at the head of the lane leading into the J. W. Gilham place, home of Daniel James Gilham. Mr. Sexton stated that he had heard a vehicle turn into the lane about 10:30 PM 17 February 1955 and assumed that it was the Gilham boy going home. Mr. Sexton further stated that he might have gone to sleep soon after the Gilham boy’s car turned in, but that he did not hear another car turn into the lane.

Sheriff Denver Young:

10:00 AM. Left office with Huffman and return 11:00 A.M.

 11:40 A.M. Sheriffs Office

Interview Mrs. & Mr. Henry Oveross of 514 S. Water St, Silverton.

Stated was not acquainted with Mr. or Mrs. Ervin Kaser.

Did not know whether Casper owned a rifle or not. Only knew of a 12 ga. shotgun.

States Danny Gilham and Colleen came to their home on 2/18/55 and only stayed about 5 or ten minutes.

Claims last fall Harley DePeel came to their house to inquire about a car that had been parked outside of the city (registered to Ethel Oveross)

2:00 P.M. Contacted Willie Verboort, Mt Angel, re: gun sales. Suggests seeing Ray Reuscher.

2:25 P.M. Contacted Ernie Crowder, no information.

2:35 P.M. Contacted Willie Bean, Mt. Angel, Ore. Knows Cap but hasn’t seen him for a long time. Doesn’t know about guns.

3:45 P.M. Contacted Mr. & Mrs. Kellerhals again. No new information.

5:10 Contacted Shaw & Reigel at Toney’s Cafe.

5:40 Contacted Jerry Hoyt to determine if Ervin Kaser might have been in Town House in early evening of 2/17/55.

Saturday, February 26, 1955

Sheriff’s Deputy Amos O. Shaw:

10:05 AM Served Subpoena, for Grand Jury, as Witness on Daniel James Gilham.

At this time writer asked Mr. Gilham if he would accompany writer into the Sheriff Office for an interview. Danny said he was helping innoculate some cattle and asked if it would be all right to come in about 1:00 PM or 1:30 PM. The Sheriff was contacted and advised that this was satisfactory.

10:10 AM Was advised by radio to keep an eye on Danny Gilham in the vicinity, and check on any one he may desire to contact.

10:30 AM Observed Danny GILHAM’S vehicle leave the RICHES farm where he was working, the vehicle turned south and drove directly to Danny’s home.

11:05 AM Observed Danny Gilham’s vehicle leave home and head towards Silverton.

11:15 AM Observed Danny Gilham’s vehicle in Silverton, at this time he had Colleen Oveross with him. Subject headed towards Sublimity again.

11:28 AM Stop Danny Gilham and his girl friend at the Evergreen School, subject stated he would take his girl friend home and come right on into town with us.

11:35 AM Pull up in back of Danny’s car in Oveross drive way, Colleen was observed jumping out of his car and running in the house, Danny was called over to our vehicle and said he would go right in with us, while he was talking to us Colleen was observed talking on the phone. Said he was going to tell Colleen he was leaving and went in the house and closed the door.

11:50 AM Advised the Sheriff of situation, and Sheriff ordered GILHAM picked up at the house and brought in. We were advised to go in the house and get him, that the Sheriff was ready to file a charge of Accessory After the Fact and was going to contact the District Attorney right now.

Subject was again contacted in the house and asked if he was willing to accompany us to the office. He stated I will be in at 1:30PM that was when you told me to be there. I informed him I was ordered by the Sheriff to bring him in now. Colleen Oveross stepped between us and stated that we couldn’t take him as her attorney had advised her we couldn’t take him unless we had papers to do so. I stated I didn’t have any papers but was taking him any way, as papers weren’t necessary. The Gilham boy again said I am willing to go with you. And again Colleen broke in and grabbed him and said my Attorney will be here in just a few minutes and you are not going to take him. I said ALL RIGHT THEN IF WE HAVE TO WE’LL PLACE HIM UNDER ARREST, the Gilham boy said no I’ll go along with you and stepped forward past the girl. I took him by the elbow and got between him and the girl and stepped out on the porch with him where I released his arm. Prior to getting in the car he started for his car and I told him we would take ours to leave his there. Prior to getting in the car the boy again expressed willingness to go along as soon as the other officer moved over in the seat. As he was getting in the seat of vehicle the Oveross girl yelled from the door way, “You don’t have to leave this property, Danny.” Danny willingly got in the car and a short distance from the house he was advised he was not under arrest and was coming along of his own free will. Gilham again stated his willingness to accompany us, and that he understood he wasn’t under arrest.

NOTE: AT NO TIME WAS ANY DEGREE OF FORCE USED IN HANDLING THE SUBJECT. NOR ANY MEASURE OF RESTRAINT APPLIED. THERE WAS NO MENTION OF ANY CHARGE SUBJECT WAS BEING PICKED UP FOR.

State Police Private Lloyd T. Riegel:

At 10:05 AM 26 February 1955 Deputy Shaw accompanied by the writer served a subpoenia on DANIEL JAMES GILHAM and at this time asked him if he would return to Salem with Deputy Shaw and the writer for further questioning and verification of the statement previously given. GILHAM stated that he was assisting Mr. Richie at that time in a blood test of some cattle and would be in Salem at 1:00 PM date for further questioning by the Sheriff and Sgt Huffman. Sheriff Young was contacted by radio and stated to let the GHILHAM boy continue his work but to get into Salem as soon as possible.

At 10:10 AM 26 February 1955, Deputy Shaw and the writer were advised by Sheriff Young to keep a watch on the GILHAM boy to see where he went before he actually came to Salem. This was carried out. DANIEL JAMES GILHAM left the Richie place at 10:30 am and proceeded to his own home. At 11:05 AM GILHAM left his place and proceeded towards Silverton. This information was given to Sheriff Young by radio to which instructions were given by Sheriff Young that if the GILHAM boy stopped and picked up Colene Oveross to stop him and request that he come to the Sheriffs Office at that time. DANIEL GILHAM went to the Ethel Oveross residence and stayed about three minutes and left alone. GILHAM proceeded into Silverton and picked up COLENE OVEROSS at the Nu Method Cleaners and returned south towards the Ethel Oveross residence. This information was given to Sheriff Young by radio, to which instructions were given to stop the GILHAM boy and request that he come to the Sheriffs Office at that time. GILHAM was stopped and it was explained that we would like him to accompany the writer and Deptuy Shaw to the Sheriffs office at that time. GILHAM stated that he would go with us but that he would have to proceed to Ethel Oveross residence and let his girl out as she couldn’t drive. GILHAM proceeded to the Oveross residence, followed by the writer and Deputy Shaw. At the Oveross residence and while standing in the yard GILHAM again agreed to accompany the officers to Salem, and that he would tell his girl, COLENE OVEROSS, that he was going. He then changed his mind and stated that he wanted to wait thirty minutes and bring the girl along with him. He walked away and into the house. Deputy Shaw contacted Sheriff Young as to how far he was to go in getting GILHAM to come along. To this Sheriff Young stated to go inside and get the GILHAM boy and bring him to the Sheriffs Office, and that he was goint to contact District Attorney Brown and file a complaint for Accessory after the fact. The writer and Deputy Shaw went to the house and knocked on the front door. COLENE OVEROSS answered the door and the writer asked to speak to DANIEL GILHAM. GILHAM came to the door and again the writer asked him to come with him to the Sheriffs office. GILHAM started to walk to the door and COLENE OVEROSS stepped between the writer and GILHAM and stated that he did not have to go along as her Attorney had advised her this, and at the same time demanded to see the papers on which we were taking GILHAM with. The writer stated that if necessary a warrant could be obtained and GILHAM could be held. COLENE OVEROSS again spoke up and stated that we were not going to take DANIEL GILHAM as her attorney had stated that we could not take him and that Mr. Williams would be at her place in just a few minutes to stop this act. GILHAM stated that he was willing to go along, and again COLENE OVEROSS spoke up and stated that you are not taking GILHAM. Deputy Shaw then stepped inside the door close to GILHAM and COLENE OVEROSS and stated to the effect, “that if we have to we will place him under arrest.” GILHAM then stepped between the girl, COLENE OVEROSS, and Deputy Shaw and stated that he would go along. COLENE OVEROSS then took ahold of GILHAMS arm and held him back. GILHAM and Deputy Shaw came outside and to the vehicle. At the vehicle GILHAM was told that he was not under arrest and that we wanted him to go along under his own free will. GILHAM then stated that he was willing to go along and that he didn’t want to be placed under arrest. He was again advised that he was not under arrest and he stated that he realized this, and that he was willing to accompany Deputy Shaw and the writer to Salem, Oregon.

DANIEL JAMES GILHAM was taken to the Salem patrol office where he was talked to by Sheriff Denver Young and Sgt. Huffman.

On 26 February 1955 the writer and Deputy Shaw served subpeonas [EK_note: to testify at the Grand Jury on Monday] on James W. and Mrs Gilham, Robert Barnes, Betty Hollin, Edith Kaser, Marvin [EK_note: Melvin] Kaser and Daniel James Gilham. Daniel James Gilham was asked by the above officers to accompany them to the State Police Office for further questioning. Gilham further stated that he would be at the office at 1:00 PM date. This was approved by Sheriff Young with further instructions that the officers should watch every move made by Gilham until he arrived at the State Police office. Gilham’s movements were observed and reported to Sheriff Young until he picked up Coleene Oveross. At this time Sheriff Young advised that Gilham be stopped and requested to come to the office immediately. While picking up Daniel James Gilham some difficulty was encountered, not with Gilham but with his girl friend Coleene Oveross, however this was settled and Gilham accompanied the officers to Salem where he was questioned by Sgt. Huffman and Sheriff Young.

Sheriff Denver Young:

12:30 noon, State Police headquarters.

Interview with Daniel J. Gilham, he accompanied officers Shaw & Reigel in for interview. Tape recording made of this interview by Lt. Farley Mogan of the State Police.

[EK_note: The interview with Danny Gilham was not in the County Sheriff’s file, but was in the State Police file.  This post is already too long, so I’ll post the text of the interview next time.]

He states that after he talked to Casper Oveross in his driveway, he met Colleen Oveross at the Harvey Kaser residence. Then they left there and drove to the Henry Anundson residence on Abiqua Creek. Stayed there until dawn. Gilham and Anundson went to Henry Oveross residence, then back to Anundson res. for breakfast. After breakfast he and Henry Anundson went over to the Ed. Schubert residence.

Also that 2/25/55 he went to Salem and talked to Bruce Williams then to the Payless Drug store where he waited for Colleen and Beverly Morrell and all three of them went to Corvallis to the game. Returned home about 1:00 AM 2/26/55.

3:00 P.M. Dropped Danny off at the Oveross house.

3:08 P.M. Served subpoena [EK_note: to testify at the Grand Jury on Monday] on Harvey Kaser.

February 27, 1955 2:18 P.M. Info. from Chief Norfleet that Casper Oveross may have been with the owner of a tavern from Scio.

3:15 P.M. With Huffman left for Scio.

4:10 P.M. In Scio.  Contacted J. J. Janota owner of the West Side Cafe. States that Casper worked for him before Christmas on some carpenter work and fireplace. Hasn’t seen him for over a month.

4:20 P.M. Contacted Mr. Carball McDaniel, bartender. Knows Casper only slightly. Has not seen him for about two months.

4:30 P.M. Contacted John W. Gear & Rockey’s Tavern in Scio, no information.

End of day.

Sheriff’s Deputy John T. Zabinski:

RE: Lanora Jaeschke

State hospital reports that Lanora Jaeschke was committed to the hospital by a court order on 11-16-44.

Released to her husband George Jaeschke on 12-12-45. They then lived in Silverton, Oregon.

The Statesman, Saturday, Feb 26, 1955
Slaying Case Set for Grand Jury Monday
Casper Oveross, Silverton carpenter charged with first degree murder, will go before a Marion County Grand Jury Monday, District Attorney Kenneth Brown announced Friday in a surprise legal move. Previously, the next step in the case was to have been a preliminary hearing next Wednesday.

The calling of the grand jury for 9:30 a.m. Monday was made over strenuous objections by Oveross’ attorney, Bruce Williams, Salem.  It brought on a tense legal skirmish before Marion County District Judge Edward O. Stadter Jr. late Friday afternoon. Williams called the move “an attempt to deprive my client of the right of a preliminary hearing in the hope of gaining a grand jury indictment on the charge.”

Denies Charge

Brown denied Williams’ charge and said that he was only speeding justice.  Oveross, 44, is in Marion County jail charged with the rifle slaying of his one-time neighbor, Ervin O. Kaser, Silverton hop farmer, on Feb. 17.

Brown said Friday the state is ready to present its case to the grand jury and that he expects to call 15 or 16 witnesses, perhaps more, to testify on Monday.

Maintains Innocence

The 49-year old Kaser was shot to death in his car just after arriving at his home near Silverton a week ago Thursday night.  Oveross, who lives near the Kaser farm, was arrested and charged Tuesday.  He was arraigned in district court on the murder charge Wednesday.  Oveross, who has steadfastly maintained his innocence, is being held without bail.

Sheriff Denver Young and deputies reportedly were in the Silverton area Friday night to serve subpoenas on persons slated to testify before the grand jury.

*********************************************

Blogically yours,

Everett

Not Innocent: Property and Family Update

I’ll take a short break from writing about the murder investigation to update the layout of property in the area, and give a little sketch of family ‘background’ and the history of the property transfers.  A lot of this won’t be of much interest to folks other than close family members, but some of it will help a great deal in understanding what’s said in the police reports, about people interviewed, locations searched, etc.

In earlier posts, I included a map of the Evergreen District, showing where different people lived at the time of the murder and how the farms were laid out.  I’ve dug up a little further information, some provided by family members, some from the Marion County Recorder’s office.  Here is an updated version of the map:

Updated Evergreen map

Farms in the Evergreen district at the time of the murder.

The changes from the earlier map are the back section of Ethel Oveross’s property that had been sold to Wayne Moore (denoted by the bright yellow area labeled “EO to WM,” and the addition of a 20-acre farm owned by Gerald Hoyt.

At one time, the James Finlay family owned most of the property shown above as belonging to Harvey & Edith Kaser, Ethel Oveross, Wayne Moore, A. E. “Ted” Finlay, and possibly more (I haven’t tracked down the full history of all those plots of land).  The James Finlay family lived in a house probably on the Wayne Moore property shown above, although I’m not sure.

The Knight family had been in the Marion County area for a long time, too (there are many land transactions involving the Knights going back at least into the 1880s), but as of 1929 there was only one plot of land in this vicinity owned by a Knight, and that was the 20-acre parcel at the bottom of the map labeled “Gerald Hoyt”.  That parcel belonged to Fred D. Knight.

James & Sarah Finlay had several children. I’m not sure how many, but at least one boy (the father of A. E. “Ted” Finlay) and at least two girls Ella and Edith.  This is NOT the Edith that married Harvey Kaser, so don’t get confused!  This Edith Finlay married a Philippi man, and that’s where Edith Kaser’s Philippi cousins that are mentioned in the police reports tie in.  Ella Jane Finlay married Fred Knight (see, it’s starting to come together).  On a 1929 plat map of the area, the piece on the map labeled “Gerald Hoyt” is shown as owned by “F. (Fred) D. Knight.”  The pieces labeled “Harvey & Edith Kaser,” “Ethel Oveross,” and “EO to WM” are shown as owned by “E. J. Knight” (Ella Jane Knight, Fred Knight’s wife, they were married in 1895).  On that same map, it appears that the pieces labeled “Wayne & Erma Moore” and “A. E. Ted Finlay” were owned by “Edith Philippi,” the sister of Ella Finlay Knight. The piece marked as “Wenger” appears to have been broken up into three long and very narrow pieces owned by Wenger, Lefevre, and E. A. Finlay, which were later re-assembled by Wenger.  So apparently there was some significant shuffling of property ownership between 1929 and 1955.  Regardless, much of that area was then owned by those two sisters, Edith Philippi and Ella Knight.

Ella and Fred Knight started their married life on a homestead near the Winter Falls (part of what is now Silver Falls State Park), then probably around 1900 built the old farm house on the property shown above as “Harvey & Edith Kaser.”  As of the mid-1940s, it had no indoor toilet, and the only “running water” was a hand pump in the kitchen that brought water up from a hand-dug well under the house.  They had four children, two older boys both of whom died in their 20s, and then much later twin girls: Edith and Ethel, born in 1914.  Edith married Harvey Kaser January 7, 1936.  Ethel was already married to Casper Oveross at that time, as they’re both listed as witnesses (as “Ethel Oveross”) on the wedding license for Harvey and Edith.  Both couples lived in various places for a few years.  Harvey & Edith had a 20-acre farm that Harvey’s (and Ervin’s) father Fred D. Kaser had purchased for him in January 1934.  It was across the road and further west from the piece labeled as “Ervin Kaser farm” in the map above.

Ervin Kaser and Mary Huntley were married October 21, 1939 and lived in an old house on the “Ervin Kaser farm” on Evergreen Road.  In August 1944 they bought 5 acres on the Cascade Highway (labeled “Ervin & Mary Kaser” in the above map), and Ervin built a new house there.

My father Calvin (Harvey’s youngest brother) said that Harvey and Edith lived in Harvey’s place on Evergreen Road after they were married, and did some remodeling on the old farm house on that land soon after their marriage.  They had Ted Finlay (yes, A. E. “Ted” Finlay, Edith’s first cousin) come out and wire the house, and when they turned the lights on, Harvey said, “Hey, those lights are bright!” and then all the bulbs started popping. Turned out Ted had wired the lights to 220 volts rather than 110.  The timing that follows is uncertain.  At some point in the 1940s, they sold that place to Alfred and Marie Von Flue, who were renting the old Fred & Bertha Kaser (Harvey’s grandparents’) house on Hibbard Road, and the two couples just “swapped houses,” with Harvey and Edith moving their family into Fred & Bertha’s old house.  They lived there (renting) for a while, somewhere between 4 and 18 months.   In August 1946, Fred & Ella Knight ‘sold’ (for $10) a 2.63 acre piece to Ethel and Casper Oveross.  It was right on the Cascade Highway, in the northwestern corner of the piece labeled “Ethel Oveross” above, and at some point, either before or after this sale, Ethel and Casper moved into an old house on that parcel.  Edith’s and Ethel’s mother, Ella Knight, died around 1947, and Harvey and Edith moved in with her father Fred Knight in the old farm house on what’s labeled as “Harvey & Edith Kaser” in the map above.

Harvey’s and Calvin’s brother Melvin Kaser came back from World War II (he fought in Europe), and he and his wife Cloreta bought their property (shown above) in November 1946.  Melvin took over running their father Fred Kaser’s hop yard because Fred was physically unable to do it.  In March 1948 my parents, Calvin & Wilma Kaser moved to Tillamook (on the Oregon coast) where they’d bought a dairy farm.  Calvin’s older brother Orval had done the same thing not too long before.

After Harvey and Edith moved in with her father, Harvey put in a septic tank, built a water holding tank, ran a water line from a spring up by the barn down to the holding tank, closed in the wood shed on the back of the house and put in a toilet, so the house then had running water and an indoor toilet.  They lived there with their three boys (at that time) Fred, Ray and Jeff for a year or longer.  They decided to build a new house right in front of the old house, but Harvey said something like, “I’m not going to live in that old house very long, and I’m not building a new house without owning the property!” In December 1948, the 28 acre parcel labeled “Harvey & Edith Kaser” was deeded to Harvey and Edith, and an additional 24.84 acres surrounding Casper and Ethel Oveross’ 2.63 acre home was deeded to Casper and Ethel, bringing their total property to 27.47 acres (the two pieces shown above as “Ethel Oveross” and “EO to WM”).  Each couple filed a “quit claim” on each others’ property to relinquish any rights to it.  At the same time (December 1948), the 20-acre piece (labeled “Gerald Hoyt” above) south of Finlay Road was also transferred to Ethel and Casper Oveross (for $1).

Harvey and Edith started building a new house immediately in front of the old farm house in the spring/summer of 1949.  Their son Ray remembers walking out of the front of the old house, down a couple of steps, across a plank and into the back door of the new house, so they were very close together.  Edith’s father Fred Knight died about a week before they moved into the new house, just before Thanksgiving 1949.  For a few years, the two families lived next door to each other, and were very close with constant traffic between the two houses.  Casper Oveross, who was a carpenter, started building a new house on their property, too, probably in 1950.  Miles Ottoway, who had built the new house for Harvey and Edith, came back in the spring or summer of 1950 and tore the old farm house down just to salvage the lumber.  The kids of the two families, Colleen and Karen Oveross and Fred, Ray, and Jeff Kaser, ran back and forth, playing together and socializing.  Colleen and Fred were about the same age, both born around 1936, Ray was a couple of years younger, Karen was born around 1942, and Jeff in 1945.

My sister was born in Tillamook in 1950, then my parents, Calvin & Wilma Kaser, moved the family back to Silverton after the dairy went belly-up in early 1952.  I was born in Silverton later that year.

Life went on, but by 1954, Casper’s and Ethel’s marriage was falling apart.  Casper filed for divorce, claiming that Ethel was running around with other men, and one in particular.  Evidence and testimony shows that Ethel was runing around with Ervin Kaser before the divorce, but the marriage was probably “fatally wounded” before then.  Several people that I’ve talked to, that were around then, have said that Cap had a drinking problem (which would seem evident by the amount of time he spent in local taverns), and that Ethel had to work to provide enough money for herself and the kids.  Most of that is hearsay, though, and the only thing we know for sure is that Ethel and Ervin were seeing each other before the divorce was final, certainly by the spring of 1954.

Cap filed for divorce from Ethel August 20, 1954, and moved out of the house the next day.

Edith Kaser had given birth to her’s and Harvey’s fourth son earlier in August 1954, and he was to be the last of us “Kaser first cousins.”  He and I spent many Sunday afternoons together building forts in the hayloft of their barn (that had been built by his grandfather Fred Knight).  I’d go home with my nostrils almost black from all the dust I had inhaled.

Ervin’s and Harvey’s father (my grandfather, Fred D. Kaser) died in August 1953.  Their brother Melvin had given up on running the hop yard on his mother Sarah’s farm.  When the crops were harvested that summer, Ervin took them down to the farmer’s co-op and deposited them in his account, rather than their mother Sarah’s. Harvey found out about it, and the two of them got into an argument and had a falling-out over it, but the money got moved back into their mother’s account.

At the end of June 1954 (two months before the Oveross divorce), Ethel and Cap sold the back end of their ‘L’-shaped property to Wayne Moore, leaving just 8 acres on the front for Ethel Oveross.  The sale price in the deed was $10, but it was probably sold on contract before that date for a much larger sum of money.

On September 30, 1954, for $10, Ethel sold all rights in the 20-acre farm south of Finlay Road to Casper, undoubtedly part of the divorce settlement.  On October 5, 1954, for $10 Casper Oveross sold all rights to the 8-acre home place to Ethel Oveross.

On November 15, 1954, for $2,000 Casper sold the 20-acre farm south of Finlay Road to Gerald W. (Jerry) and Lillian F. Hoyt.  Jerry Hoyt was a bartender at the Town House tavern in Silverton, and also ran a small grocery store on the south side of East Main Street where now there’s a park.  He testified that Casper came into the Town House at about 12:45 A.M. the night of the murder, left about 1:20 A.M., and had not been at the tavern during the time of the shooting.

Ervin was shot the night of February 17, 1955.

In October 1955, Ethel bought a place in Stayton and moved there.

*************************************

Next: back to the investigation.

Blogically yours,
Everett

 

Not Innocent: The Investigation (part 3)

Casper Oveross was arraigned Wednesday morning.  The police often note in their reports that they received signed statements from various witnesses. Occasionally one of the officers will copy the statement into their report, but otherwise the statements were not in the police files.  My guess is that the statements were handed over to the District Attorney, and were in the D.A.’s case file, which I’ve not found, and it may no longer exist.  But I don’t know.

Wednesday, February 23, 1955

Sheriff’s Deputy Amos O. Shaw:

10:30AM: On duty.

10:45AM: Conference in Sheriff Office regarding contacts for the day.

11:20AM: Contact Elmer Floyd McMullen 41 yrs., regarding his having played shuffle board and drinking at Town House in Silverton.

12:10PM: Lunch at the Court House

12:45PM: Pick up tools at State Highway Maintanance for search for slugs at Oveross

1:15PM: Talk with Mrs. E. Oveross and gain permission to search area for slugs from guns found in area. Search area in and around house after permission granted by Mrs. Oveross.

3:35PM: Leave Oveross home

3:50PM: Contact Barnes residence, and make an appointment for tomorrow night at 8:00PM.

4:05PM: Contact Edith Kaser, wife of Harvey and receive signed statement.

5:15PM: Contact Ekman Funeral Parlor to pick up hat of Ervin Kaser.

5:30PM: Pick up Casper Oveross vehicle and return it to storage in Salem.

6:10PM: Put 1950 Ford, 1A118, at 123 So. 23rd. And lock garage.

6:45PM: Office and off duty to type up reports.

State Police Private Lloyd T. Riegel:

On 23 February 1955, Deputy Shaw and the writer were instructed by Sheriff Young and Sergeant Huffman to proceed to the Oveross residence and attempt to located bullets fired from the Casper Oveross gun while target practicing at the rear of the Oveross place. Tools were obtained from the State Highway offices and a thorough check was made in effort to determine from what position the shots could have been fired and into what area the shots at the targets would have been placed. This was very hard to determine as there appeared to be no definite spot for the shooting and no definite place for the placing of the targets. Several boards were found scattered throughout the field in which there is evidence that shots had been fired into the boards and on through. There were no actual bullets found and it is very doubtful if bullets could be found in this area due to the conditions.

At this time Deputy Shaw and the writer were contacted by Sheriff Young and Sergeant Huffman. The writer assisted Sergeant Huffman in a search of the Ethel Oveross residence. In the kitchen, behind the kitchen door, there were two definite marks on the wall which indicated that two guns had been leaned against the wall for some period of time. Ehtel Oveross stated that this was the spot where Casper Oveross had always placed his guns. With a tape measure and allowing for a normal lean of a gun, one mark measured thirty-eight and a quarter inches, a second was measured forty-nine and a half inches. It was quite definite on the walls where the end of the barrel and sight had marked the painted wall. Ethel Oveross stated that she did not know when Casper had taken the guns from the house, but that they had set there for quite some time before their divorce. A thorough search was made of the Oveross residence without any evidence of a gun being present.

Deputy Shaw and the writer then contacted Edith Kaser, the wife of Harvey Kaser. Edith Kaser stated that on the evening of 17 February 1955 at approximately 7:30 P.M. she had left home for Silverton, Oregon, to attend a Knights of Pythias lodge meeting. She further stated that she had left the lodge at approximately 10:55 P.M., 17 February 1955 and proceeded to her home on the Stayton-Silverton area. She stated as she approached the Ervin Kaser place she had noticed Ervin Kaser’s car setting in the driveway just south of the house and that the headlights and the dome light of the vehicle were on. She further stated that as she remembered there was no light inside the house and that she had wondered why the vehicle was setting with the lights on. She stated that it was possible, and that she had thought, that maybe Mr. Kaser had decided to leave and had forgotten something and had turned around to go back into the house and had left the vehicle setting with the lights on. She further stated that it was her impression that the vehicle was running, however, she could not definitely state that as she could see no exhaust smoke or could hear the engine as she passed. She further stated that about the middle of September 1954 that Oveross had come to their house one evning at approximately 11:00 P.M. and he had talked with her husband for some time then he got quite loud. She stated at that time she had got up and came to the front door with her husband and she heard Oveross state, “I’ll kill him, I’ll kill him, I don’t care if he is your brother.” She stated that she had threatened to call the State Police or the Sheriff and with this Casper Oveross had left. She further stated that evening Casper had been drinking and appeared to be somewhat quarrelsome.

The writer then contacted the Ekman Funeral Home in Silverton and picked up the hat worn by Ervin Kaser on the evening of the shooting. This request was made by Doctor Harris of the Crime Lab. The Ervin Kaser hat was sent to the crime lab at the request of Doctor Harris for further study at the laboratory.

The Casper Oveross vehicle, a 1950 Ford, Oregon 1A-118 was picked up by the writer, brought to Salem and stored at 123 South 23rd Street and locked up. The garage is in the possession of Sheriff Denvery Young. Denver Young presently holds the keys to the garage and to the vehicle.

Sheriff Denver Young:

10:30 A.M. Made check list with Sgt. Huffman. Ordered Oveross car brought in and parked at 195 S. 23rd St.

Removed Hunting license #297104 from Oveross property and placed in envelope.

1:15 Pick up Huffman

2:45 P.M Contacted Ethel Oveross at home, obtained permission to look over house. Measured marks in the house where she stated that Cap’s guns usually stood. One mark 38 1/4” from floor and one 49 1/2”.

3:40 P.M. Contact Jerry Hoyt bartender at Town House. Res at 119 Fiske St. Silverton. He has known Casper Oveross about 25 years. Recently purchased 20 acres from him. Thursday evening was not a busy night. He remembers when Rodney Oster and his wife came in about 10:30 and left about 12:30 midnight.

States that about 12:45 A.M. Feb 18, 1955 Casper Oveross came into the Town House and stayed until about 1:20 A.M. Then left. He noticed the time because the Silverton officers had been in earlier looking for Casper and had talked to him about Casper and Ervin Kaser. States that Casper drank one 7-up hiball and then went back to the restaurant counter and had a cup of coffee. Jerry talked to the Osters about the shooting just before they left the tavern.

5:00 P.M. Contacted Rodney Oster at Macks Place and took statement.

State Police Sergeant Wayne G. Huffman:

February 23, 1955, 4:58 P.M. Sheriff Denver Young and writer contacted Rodney R. Oster, 115 N. James Street, Silverton, bartender in Shorty’s Tavern, Silverton. He stated that he has known Casper Oveross all his life. On Thursday night, February 17, 1955, his wife, Margaret Oster, was bowling. He stated that he went to Mt. Angel and watched TV program, Dragnet, on TV at the Mt. Angel Hotel lobby and bar. He stated just a few minutes before the program was to end at 9:30 he left and drove to Silverton. He was rather in a hurry as he thought he would be late so he drove rather fast. He stated that he thought he arrived at Shorty’s Tavern around 9:35 P.M. He stated that on arrival at Shorty’s Tavern he saw Casper Oveross at the bar. Casper was not drinking and he talked with him for about ten or fifteen minutes. He stated Casper’s conversation was mostly about his family troubles and had made some statements “My wife is supposed to be at a lodge, but I suppose they are together.” He stated that he knew what Casper meant, that he meant Ervin Kaser but he did not mention his name. He also stated that Casper said, “I don’t think I will do anything about it as it isn’t worth it.” Oster stated that Casper had mentioned having a friend in the pen who is doing 99 years for killing his wife and boyfriend and that he knew when he was talking that he was thinking the same thing. He stated that Casper had talked to him before about his family troubles, he also used to talk to him about his financial affairs. He stated that he was at Shorty’s when his wife was through bowling and she came to the door and motioned to him and he left and when he left Casper was still there. He stated that he drove to the Town-House Tavern, he thought he got there about 10:30 P.M. and he and his wife stayed there for the next two hours. He thought possibly that they may have left there between 12:30 and 1:00 A.M. On February 18, 1955. He stated while they were there, he and his wife had some drinks and they played the bowling machine and Casper Oveross did not come into the bar while they were in there. Also he never saw him again that night. He stated that he was still there when the city police came in and motioned to Gerald Hoyt to come over to where they were standing at the front doorway of the bar room. He stated that Jerry told him the police had told him that Ervin Kaser had been shot. We both mentioned that we wondered where Cap Oveross was when we heard this. Oster stated after they left Town-House Tavern and went home they did not know exactly what time they arrived home.

Bud” at Marion County Sheriff’s Office: (apparently contacted Sears and Montgomery Wards for list of guns recently sold)

Sears Roebuck 30-30 rifles at $69.00 1946 to 1955, Silverton Area

Gus Herr Rt. 3 30-30 Winchester G-9412C

J. Beskeny Star Rt. 30-30 Winchester D-23762

N. S. Johansen 30-30 Winchester 1404372

Lester Fowler 30-30 Marlin E-37359

W. Shackelford 807 Bartlet 30-30 Winchester 1869114

Eldon Alt Rt. 3, Box 139 30-30 Winchester 1807469

Percy Dunn Rt. 2 30-30 Winchester 1876444

Vernon Mattox 936 S. Water 30-30 Winchester 2051738

Montgomery Wards.

Fred Allunbaugh 316 N. Church 30-30 Winchester No Number

Thomas Brown 30-30 Marlin G-7928

R. A. Sims 1528 Salem Rd. 30-30 Marlin H-13585

Sears Roebuck have charge account with Kasper Oveross, over a number of years, no recent purchase of gun on record. But they only have 1952 forward on books, are writing letter to main office, Seattle Washington, as he has done a lot of catalogue buying and could purchase gun through catalogue and they would not have record in main office, Salem, Ore. They will call this office if they receive any word from Main Office.

Oregon Statesman, Thursday, February 24, 1955
Oveross Hearing Ordered

Oveross being arraigned

Marion County District Court in Salem was a busy place Wednesday morning as Caspar Oveross, 44, of Silverton, was arraigned on a charge of first degree murder. The camera peeks into the courtroom over the shoulders of crowd and officers and shows District Judge Edward O. Stadter Jr. in background conducting arraignment. Facing him at attorneys’ table (with backs to the door) are Oveross (at left) and George Jones of Salem, who with Attorney Bruce Williams is defending Oveross. (Statesman photo)

Casper A. Oveross, arraigned Wednesday on a charge of slaying his ex-neighbor, Ervin Kaser, was granted a March 2 preliminary hearing in Marion County District Court.

Calm after his arrest and at his morning arraignment, Oveross later displayed the same unruffled composure in his Marion County jail cell where he is being held without bail.

Oveross, 44, was arrested late Tuesday in Silverton.  He is being held on a criminal information charging first-degree murder.

Kaser, 49, was killed Thursday night at his Evergreen district home near Silverton.  Four rifle bullets were fired by an assailant who sped away in an auto.

Answers Questions Calmly

Clad in blue jeans and a red-black plaid shirt, Oveross calmly answered questions put to him Wednesday morning by District Judge Edward O. Stadter Jr.  He appeared with Salem attorneys Bruce Williams and George Jones.

In Marion County probate court Wednesday, Kaser’s widow, Mary Louisa Kaser, was appointed adminstratrix of Kaser’s estate. Probate valuation was $10,000 in real property and $1,000 in personal property.

In Oveross’ native Silverton, several views of his alleged part in the slaying seem to have emerged Wednesday. Some adopt the attitude that sheriff’s office, will have to prove his case before they’ll believe it.

Oveross emerges from courtroom.

Oveross is emerging from the courtroom into circle of reporters, photographers and onlookers. Man facing camera at extreme right is Marion County Sheriff Denver Young. Photographer at left is Thomas G. Wright Jr. of The Statesman.

Rapitidy of Fire Cited

Others Wednesday expressed the view that, if Oveross fired the fatal shots, he did it to scare Kaser.  They cite the rapidity of the final three of four shots as proof that the rifleman had no intent to hit anyone.

Only sign of emotion shown during the brief court proceedings was at the end.  As Oveross left the courtroom, he recieved a warm hug and kiss from his sister, Mrs. Edward Schubert of Silverton Route 2.

Lasts Only Few Minutes

After juggling a few dates the hearing was set for next Wednesday at 10 a.m. in district court.  The entire proceedings required only several minutes.  The small spectators’ section of the courtroom was crowded with Oveross’ relatives, law officers, reporters and the public.

Casper Oveross emerges from court

Casper (Cap) Oveross, 43, calls cheerful greeting to friends as he leaves District Judge Edward A. Stadter’s court room Wednesday where he was arraigned on a first degree murder charge for the slaying of Ervin O. Kaser, 49-year-old Silverton farmer. Oveross is a former neighbor of the victim. Behind Oveross at right side of photo is Sheriff Denver Young. Unidentified woman is in left background. Oveross was remanded to jail without bail pending his preliminary hearing at 10 a.m., March 2. (Capital Journal photo)

Attorney Williams appeared satisfied with the early date set for the preliminary hearing. He had earlier declared there is no evidence against Oveross.

Meanwhile, the county sheriff’s office and state police continued their investigation. Police said three rifles “which Oveross has access to” were sent to the state police crime laboratory for checking and that bullets found at the murder scene have been compared with bullets taken from a target range on Oveross’ Abiqua farm.

Work Delayed

Sheriff Denver Young said much of his laboratory work — notably on the victim’s and Oveross’ impounded cars and on the guns — has been delayed because the crime laboratory experts have been called to testify at Burns in the Clinton Anderson murder trial.

At next week’s preliminary hearing the state will be required to present sufficient evidence linking Oveross to the crime.  The judge will either bind Oveross over to the grand jury for possible indictment or dismiss the case.

Oregon Statesman, Thursday, February 24, 1955
Ervin Kaser, Mrs. Oveross Accused in Divorce Actions

In seeking the conviction of Casper A. Oveross as slayer of his former Silverton neighbor Ervin O. Kaser, Marion County authorities are apparently taking into account an accusation by Oveross that Kaser was responsible for breaking up his marriage.

County circuit court records of the Casper Oveross’ divorce complaint and of a divorce action filed by Mrs. Kaser both refer to their spouses as associating with other persons of the opposite sex.

On Aug. 6 Mary Kaser, wife of the Silverton hop farmer Oveross is accused of ambushing, filed suit for divorce.  She charged, among other allegations, that “The defendant does associate with and keep company with another woman or other women from time to time.”  She does not list names.

Scandal Claimed

On Aug. 20 Casper Oveross, Silverton carpenter, suing his wife Ethel for divorce, alleged “That for the period of several years, the defendant has associated herself with other men, and particularly one other man to such an extent that such association has become public scandal and gossip in the community in which the plaintiff and defendant live.”  Neither does he list names.

Forty-nine year-old Kaser’s death last Thursday leaves the Kaser divorce mute. Trial had been set for March 17.

Granted Divorce

The accused Oveross on Oct. 8 was granted his divorce, a 20-acre farm and the newer of the two family cars.  Mrs. Oveross won the family homestead of eight acres, on which sets the house they lived in and an unfinished dwelling.  Under terms of the divorce decree, Oveross and his ex-wife are prohibited from marrying within the next six months.

The defendants of both divorce actions — the deceased Kaser and Oveross’ former wife — entered general denials of the allegations listed in the two complaints.

Casper Oveross did not appear personally for the final divorce hearing before Circuit Judge Joseph B. Felton, but was represented by Attorney Thomas B. Bagriel.  Mrs. Oveross appeared in the company of her attorney, Ervin W. Potter.

Married in 1935

The Oveross couple were married Dec. 5, 1935 in Vancouver, Wash., and lived during their marriage in Silverton’s Evergreen district, about a half mile east of the Kaser residence.

[EK_note: it was very common at that time for couples to drive to Vancouver, Washington, about an hour’s drive north, just across the Columbia River from Portland, Oregon, because there was no waiting period in Washington, you could get married the same day.]

Ervin and Mary Kaser were married Oct. 21, 1939 in Salem.

[Recounting of the murder deleted]

Mrs. Oveross gained custody of the couple’s two daughters in the divorce.  She and an older daughter [EK_note: Colleen] were in the courtroom at Oveross’ arraignment Wednesday.

A life-long resident of the Silverton community Oveross is generally well-liked by his townsmen and neighbors.  He and his family had lived for 20 years in the Evergreen community about a quarter-mile from the killing.

Blogically yours,
Everett

Not Innocent: The Investigation (part 2)

The next day of the investigation, Tuesday, February 22, culminates in the arrest of Casper Oveross on the charge of First Degree Murder.  Here follows the day’s police reports, and a Wednesday morning newspaper article about the arrest.

Tuesday, February 22, 1955

Sheriff’s Deputy Amos O. Shaw:

8:00AM: On duty

8:45AM: At State Police office for Officer Riegel

9:05AM: Leave State police for Silverton

9:35AM: Obtained statement from Waldo Rue, see statement signed.

10:05AM: Statement signed, received from Mr. Riches.

11:40AM: Contact by District Attorney K. Brown, and Merle Grace Chief from Mnt. Angel.

12:05PM: Contact Chief of Police Buck Main Silverton.

12:35PM: Contact Chick Carter at home. Information received that he was talking to a service station attendant in Salem, and he may have information.

1:10PM: Contact Shorty’s Tavern, Shorty says that Casper was in Tavern at about 3:00 until about 6:00PM 2-17-55, and went to Town House and got a sandwich for Shorty. After bringing the supper, he said he was going to go home to eat. Returned about 7:00PM and Casper and Shorty played shuffle board until about 9:00PM or so. Possible witness Darlene Carter works Steelhammer Drug store, also Jimmy McEwen, works up Abequa in mill. Doesn’t think that Casper left until about 10:00PM or so.

1:25PM: Contact Darlene Carter, went to Shorty’s Tavern about 10:50PM 2-17-55 and never saw Casper Oveross at any time.

1:50PM: Contact S&M Trucking Company reg. Ray Ruscher, played shuffleboard, not at office.

2:10PM: Contact Mrs. Lois Ruscher at Mount Angel, on night of 17th. Of Feb. Lois was playing shuffleboard with husband, and the Carter girl and her friend. Fir.?. got done bowling around 10:00 of 10:15PM and went over to Shorty’s Tavern and played shuffleboard. Rodney Oster was at the Tavern and left almost immediately. Ray Ruscher went over to the tavern around 8:30PM. People in at Shorty’s Tavern when Mrs. Rusher got there as follows, 1-Gene Moore (married) Dolores Robbins, Charley Ertelt (Mount Angel farmer). Harold Flecht (has linoleum store in Woodburn.)

2:30PM: Contact Charley Ertelt, Mount Angel, only in Shorty Tavern about one half hour uncertain as to time. Doesn’t know Casper Oveross.

3:00PM: Contact Lt. Mogan State Police in Silverton.

3:30PM: Contact Sheriff Young and Sargeant Huffman, ordered to collect bullets from Oveross farm, and watch for Danny Gilham.

4:30PM: Requested to make time run from Ervin Kaser residence to Gilham residence. Mileage on speedometer 18938.0 Time of departure 4:40.0PM Time of Arrival at the Gilham home, 4:45 and 45 seconds. (Lost approximately 12 seconds due to traffic.) Mileage at Gilham residence 18943.3 TOTAL MILEAGE 5.3

Second speed check, at Gilham residence Speedometer 18943.3 Time of departure 4:51 and no seconds. Speedometer at Ervin Kaser residence 18948.6 Time of arrival 4:57 no seconds. Second speed check was with speedometer at approximately 60 miles per hour.

8:05PM: Place Casper Oveross under arrest, charge Murder on authority of Warrant, Casper was over at neighbors house, 1st. House north of Henry Oveross home which is 514 S Water. Present was Henry Oveross and others. Casper Arnold Oveross.

8:40PM: At state Police Patrol office with Oveross. He states he was at nieces home, Bob Moon’s residence when picked up, house number 512 S Water.

Description: Casper Arnold Oveross, 514 So. Water St. Silverton Oregon. Arrested 512 So. Water St. 44 yrs., 5’10”, 180 pounds, Brown hair, Blue eyes. Carpenter by trade. Born in Silverton 1911, Carpenter by trade. Complainant on warrant Denver Young Sheriff, charged with 1st. Degree Murder. District Court Warrant signed E Stadter. Dated 2-22-55. (Officer Riegel assisting.)

10:00PM: Take prisoner Casper Oveross into County Jail and book in.

10:50PM: Silverton. Attempt to gain permission to search the Henry Oveross home for rifle used in commission of felony.

11:15PM: Stand by while Officer Riegel talks to Mr. & Mrs. Henry Oveross

12:20AM: Contact Henry Oveross regarding activity and vehicle.

1:05AM: Impounded 1950 Ford Coach, Oregon 1A118 Property of Casper Oveross, vehicle was towed from 514 S Water, Silverton, to Moll’s Plymouth and Chrysler Garage North Water St. Silverton. Towing done by Mr. Moll.

1:20AM: Return to Salem.

State Police Private Lloyd T. Riegel:

On the morning of 22 February 1955 Deputy Shaw and the writer contacted Waldo Rue. Mr. Rue stated that he had attended a grange meeting in Silverton on the evening of 17 February 1955 and that he had left the grange meeting at approximately 10:45 P.M., and that he had driven staright home. Stated that he arrived at home at approximately 10:53 P.M. As he drove by the Ervin Kaser residence he did not notice any vehicle in the driveway or vehicles parked along the road between Silverton and the Ervin Kaser residence or between the Ervin Kaser residence and his residence, which is approximately two miles south on the Silverton-Sublimity highway.

The officers then contacted Robert Riches who had also attended the same grange meeting in Silverton. Mr. Riches stated that he had left Silverton between 11 and 11:05 P.M. 17 February 1955. He stated that it is possible that he could have met cars along the Silverton-Sublimity highway. At the Ervin Kaser residence he stated that he saw a vehicle parked in the driveway and the thing that he noticed most about this vehicle was that the headlights were on and the dome light was on. He further noticed that there were no lights in the house and there were no other vehicles parked near the Ervin Kaser residence. Mr. Riches stated that his residence is approximately three miles south and a little east of the Ervin Kaser residence.

Deputy Shaw and the writer then returned to Silverton and made a re-check at Shorty’s Tavern, relative to the activity of Casper Oveross on the evning of 17 February 1955. Shorty stated that Casper Oveross came to the tavern at approximately 3:00 P.M. in the afternoon and that about 6:30 P.M. that he had sent Casper Oveross to the Town House in Silverton, Oregon, to purchase a sandwich and Casper had returned to the tavern at approximately 7:00 P.M. Shorty further stated that at that time he talked Casper Oveross into playing three games of shuffleboard. While playing the three games of shuffleboard Shorty stated that he became quite concerned about his beer business and that he was sure that bowling tournament was to be held that evening in the adjoining building and that he went to the door several times and looked as to why no customers were coming in his place and then he remembered that this was the evening for the women bowling tournament and that there would probably be no men or very few in his tavern. Shorty further stated that a Jimmy McQuen and a girl known only as the Carter girl had come into his place and had played shuffleboard with Casper Oveross. Shorty stated that to the best of his knowledge Casper Oveross had not left his tavern until approximately 10:00 P.M. and that while at the tavern he had talked with a Rodney Oster and his wife and that he thought possibly Rodney Oster and his wife and Casper had also played shuffleboard. Shorty also stated that he was quite sure that Casper had not left the tavern between 7 and 10:00 P.M. He further stated that a Chareles Ertitle of Silverton and a Ray Ruscher had also been in the tavern at the same time Casper Oveross was there and that they had also played shuffleboard with Casper Oveross.

Charles Ertitle was contacted in Mt. Angel and he stated that he had been in the tavern, definite time unknown, and he had stayed there only a few minutes and left. Further he stated that he did not know Casper Oveross and that he could have been in the tavern and he would have not known.

Jimmy McQuen and the Carter girl, who is a clerk at the Steelhammer Drug Store, were also contacted and they stated they had come in the tavern after 10:00 P.M. and that they had not seen Casper Oveross, however, they did know him and were quite sure that if he had been in the tavern they would have noticed him.

Ray Ruscher was also contacted and he stated that he had stayed at the bowling alley, watching his wife bowl, until approximately 8:30 P.M. and that he had gone in to Shorty’s tavern and had a few beers. Stated that he was quite sure that Casper was in the tavern when he arrived at 8:30, but he did not know how long he had been there previous to that. Stated that he had talked to Casper only a minute and that he was not sure as to whether Casper had played shuffleboard or not, as he had not played shuffleboard with him.

At this time the writer and Deputy Sheriff Shaw were contacted by Sergeant Huffman and Sheriff Denver Young and Lieutenant Mogan. Deputy Shaw and the writer were sent to the vicinity of the Oveross residence on the Silverton-Sublimity Road and were advised to watch for Danny Gilham, and if he came to the Oveross residence to detain him and advise Sheriff Young and Sergeant Huffman. It was also requested by Sheriff Young that the writer and Deputy Shaw make a time run between the Ervin Kaser residence and the Danny Gilham residence. Two time runs were made. The time to drive between the Ervin Kaser residence and the Danny Gilham residence was five minutes and forty-five seconds, the mileage was five and three tenths miles. The second time run was made holding the speedometer as near as possible to sixty miles per hour. On this time run it took exactly six minutes, the mileage again checked at five and three tenths miles.

At 8:05 P.M. this date Deputy Shaw and the writer were advised that Denver Young presently held a warrant charging Murder in the First Degree for Casper Oveross and that Deputy Shaw and the writer were to pick Casper Oveross up, and proceed to the Salem patrol office and contact Sheriff Young and Sergeant Huffman. This was done at 8:05. Casper Oveross was picked up at 512 South Water Street, Silverton, Oregon, at the residence of his cousin and Mr. Noon.

At 10:50 P.M. the writer contacted Henry Oveross at 514 South Water Street and asked Mr. Henry Oveross’ permission to search his residence. His permission was granted. The writer searched the residence in the presence of Mr. and Mrs. Henry Oveross. A search of all bedrooms, clothes closets, pantries, living room, dining room, study, kitchen, wood shed, fruit room, garage and back porch of the house was made for any evidence of a rifle owned by Casper Oveross. There was no evidence of a rifle or any type of gun found at the Henry Oveross residence.

The Oveross Ford, a 1950 Ford, Oregon 1A-118, was impounded by Deputy Shaw and towed to the Moll Chrysler-Plymouth garage in Silverton, Oregon, where it was held for evidence per request of Sheriff Young.

Sheriff Denver Young:

9:00 A.M. Received information from John Zabinski that an ex-Silverton woman by the name of Jaeske, had committed suicide and had been investigated by the City. She may have known Kaser. Instructed Deputy Sheriff Zabinski to check for any possible connection with Kaser case.

11:40 A.M. Ted Riches farm.

Contact Daniel James Gilham. States he is 19 years old and lives with his parents at Rt. 5, Box 417, Salem. 6-1, 180 to 185, brown hair and blue eyes. Gilham states that on night of February 17, 1955 he went to the Oveross home about 7:00 P.M. The only one home at the time of his arrival was Colleen, her mother came in a short time later with Karen. Mrs. Oveross left a few minutes later, in her car. At approximately 7:55 P.M. Casper Oveross arrived at the house and stayed until about 8:30. Gilham stated that he had planned on going to band practice that evening but decided that it was late anyway so he stayed at the house, with Colleen. They stayed there alone until about 10:30, then he left in his car and started home. He arrived home about 10:45 P.M. He stated that he went hunting with Bill Specht and Casper Oveross last year near Black Butte. He stated that he had a 30-30 Marlin rifle with him and was quite sure that Casper had a 30-30 carbine. States that he has been to Caspers cabin several times since the divorce and remembers seeing the shotgun standing in the corner and is quite sure that the rifle was there at that time. Gilham stated that on the afternoon of Feb. 18, he and Colleen were outside of her house when her cousin came and told them that Casper was at Henry Oveross residence. He took Colleen in and she and Casper Talked. He claims that he did not hear their conversation. Did not hear the gun mentioned at that time.

On Sunday, 20th he took Mrs. Ethel Oveross, Colleen and Karen in to see Cap.

Gilham also stated that on the 18th, he and Colleen went in to see Ralph Emmons who Colleen works for. Colleen stayed and worked and he and Casper went over and talked to Bruce Williams, on the recommendation of Emmons. He stated that he had not employed Mr. Williams to represent him in any way and he would be willing to answer any questions that he could in order to clear up the matter of Kasers death.

At this time Gilham stated (voluntarily) that there was something that he had forgotten to mention. That right after he went hom eand went to sleep, his folks called him and woke him up, and said that someone wanted to see him outside. He went outside in his night clothes and stayed on the porch. A car that he thought was Cap Oveross’s was parked in the driveway. The driver of the car came towards him and he stepped down to the gravel driveway and stood on the bottom step. He further stated that quote, “When I first went out Cap said Ervin’s got three slugs in him,” unquote. He said that Cap was very quiet about it and did not appear to have been drinking. He further stated that the person talking had on a cap such as Cap wore and he was sure that it was Casper Oveross. He also stated that when he was backing out of the driveway (Oveross) a car passed going north. (This was at 10:30 P.M.). The driver of the car honked the horn and he believed the driver of the car to be Casper. He later stated that he was not sure that the driver was Casper but the car looked like Caspers. He stated that he guessed any one passing by at that time would have honked.

1:30 P.M. Contact Mrs. Jennie Gilham. Took signed statement.

At 7:30 P.M. on February 22nd 1955 the writer secured a complaint against the above subject [EK_NOTE: Casper Oveross] from District Attorney Kenneth A. Brown. A warrant was secured from District Judge E.O. Stadter. Information was given to Deputy Sheriff Amos O. Shaw and State Officer Reigel who affected the arrest of Oveross in Silverton Oregon at 8:05 P.M.

Shaw and Reigel were instructed to bring Oveross to the State Police headquarters for interrogation. Due to reporters hanging around the front office they were instructed to bring prisoner through the back door so as to avoid any unnecessary publicity.

Both the writer and Lt. Mogan attempted to interrogate Oveross, however he refused to answer any questions even to giving his name and physical description. Lt. Mogan tried several times to question without success and asked him specifically if he would deny shooting Ervin Kaser. He received no answer.

At 9:40 P.M. Shaw and Reigel were instructed to take Oveross to the County Jail and the writer accompanied them in my car. Oveross was booked in the Marion County Jail at 10:00 P.M. Feb 22, 1955.

The writer then personally called Mr. Bruce Williams and told him that the prisoner had been booked and that eh would be welcome to come down and talk to him.

No further attempts were made to talk to the prisoner.

 State Police Sergeant Wayne G. Huffman:

On February 22, 1955, 11:30 A.M. Contacted and questioned Daniel James Gilham, 19 years, Rt. 5, Box 417, Salem. He stated on Thursday, February 17, 1955 he had gone to the Oveross residence and seen Colene Oveross. He arrived there around 7:00 P.M. he stated that at that time he was on his way to Silverton for band practice with the Old Timer’s Band. Band practice was around 8:00 P.M. he stated on his arrival that Mrs. Oveross, mother of Colene, had gone over to the neighbors to pick up her younger daughter, Karen and that she came back shortly after he arrived. He stated Mrs. Ethel Oveross about 7:30 left in her own car alone, where she was going he did not know. He stated Karen, the younger daughter had also left to go with the neighbors to a skating party in Salem. He stated he stayed there with Colene and that about 7:50 or 8:00 P.M. Casper Oveross came to the residence and that they had talked and that he had decided not to go on to band practice but to stay there at the Oveross residence, as he was late and did not want to get into band practice late. He stated that Casper Oveross left there about 8:30 P.M. and he did not know where he had gone. He stated that he stayed at the Oveross residence with Colene and he had left about 10:30 P.M. and the mother, Mrs. Ethel Oveross, had not returned when he left. He stated that as he backed out of the Oveross driveway towards the main highway a car came by going north towards Silverton and coming from the south towards Stayton. As this car came by it tooted its horn as if in recognition of his car. He stated that he looked and that it was a dark colored, which he thought to be black, Ford sedan, same model as Casper Oveross’. He though, but was not sure, that it was Casper in the car. He stated he backed out onto the highway and drove home going south towards Stayton and that he had arrived home about 10:45 P.M. and went in the house and went to bed.

He stated last fall during deer hunting season, he had gone with Casper Oveross deer hunting in the Ochoco mountains. They hunted near Black Butte somewhere near Prineville. He stated another fellow by the name of Bill Speck was with us. He stated he has a 30-30 Marlin carbine rifle and Casper has a lever action 30-30 or 32 rifle which he thinks is a Winchester. He stated he has seen this gun at Casper’s place in Silverton since they have been deer hunting last fall, but the exact date he does not know. He is almost sure he has seen the gun in the Holland Cabins since deer hunting season, but he would hate to say anything that might hurt Colene Oveross as he has been going with her for the past two years.

On Friday, February 19, 1955, he stated that Hank Oveross and his daughter came out to Colene Oveross’ place while he was there and said that Casper was at his cabin and would like to see them. He stated that Colene, Mrs. Ethel Oveross and Karen Oveross and he went to Silverton and visited with Casper Oveross. He stated Colene and Mrs. Ethel Oveross talked to Casper Oveross in a different room and he did not talk to him very much. He stated the last time he had seen Casper Oveross was at his cabin and this was on Sunday, February 20, 1955. He stated that he believed Mrs. Oveross was trying to prove Casper Oveross innocent now. He also stated on Friday, February 18, 1955 Colene Oveross and her father Casper Oveross rode into Salem with him and she talked to her boss, Ralph Emmons, concerning Casper Oveross and the shooting. He stated that Ralph Emmons suggested that they talk to Bruce Williams. He stated they all three, Casper, Colene and himself went over and talked to Bruce Williams that same day in his office. He stated he heard some of the conversation. Casper Oveross had denied shooting Ervin Kaser.

Sheriff Young and the writer questioned Danield James Gilham later that same day and under continued questioning he would add a little bit more than what he had previously told us. On further questioning of Daniel James Gilham he made the following statement: he stated that he had not told us everything and he wished to add something more.

Daniel Gilham stated that after he had arrived home on the night of February 17, 1955, he had gone to bed and gone to sleep. He stated the next thing he remembered his mother awakened him and told him there was someone in the driveway that wanted to talk to him. He stated he went out the front steps and down to the driveway in his pajamas and he observed Casper Oveross’ car parked in his driveway. Casper was standing by the car and as he went down the steps to the driveway Casper Oveross walked over to him. He stated Casper said to him, “Ervin had three slugs in him, I want you to be my witness. I was with you last night.” He stated Casper turned then and mumbled something else and walked to his car, got in and drove away. He stated he went back up into his bedroom and went to bed but he could not sleep thinking about what Casper told him. He thought in his own mind but was not sure what Casper had shot Ervin Kaser. He stated about 3:00 A.M. In the morning the telephone rang and his mother called him, said someone wanted to talk to him. It was Colene Oveross and she told him over the phone to come over something had happened and she wanted him right away. He stated he dressed and went over to her residence where he learned Ervin Kaser had been killed. Daniel James Gilham of his own free will was brought to the Oregon State Police District Headquarters, Salem, Oregon, by Sheriff Young and writer for further questioning.

Conatcted Mrs. Jenny Gilham, Rt. 5, Box 417, Salem, mother of Daniel James Gilham, who stated that on Thursday, February 17, 1955, her son, Daniel, came home about 10:30 P.M. and went right to his bedroom. She stated that she and Mr. Gilham were already in bed. She stated a short time later she heard another car come in the driveway and right after that someone started calling, “Danny.” She stated she got up and went to Danny’s room and knocked several times then went in and awakened him, and told him that someone wanted to see him downstairs. She stated he went down and out the front door and she looked out the bedroom window and saw a person whom she believed to be Casper Oveross sitting outside in his car. She said the dome light inside the car was on also the headlights. She stated about that time Danny came out the front door and stopped near the bottom step near the driveway. As Danny walked toward the driveway the man got out of the car and came back to meet him. She stated this man seemed to be very nervous and used his hands a lot. She stated he came up close to Danny and spoke something and then stared back towards his car and seemed to be talking as he went. She stated the man got into his car and drove away and Danny came back into the house and went to bed. She stated while Danny was dressing to go down and talk to this man who was parked in the driveway, Mr. Gilham asked me what time it was, and I looked at the clock and it was 11:15 P.M. She stated that they keep this clock in the bedroom 15 minutes fast and that would make it right at 11:00. She stated about 3:00 A.M. February 18, 1955, someone called on the telphone for Danny and that they talked and Danny came to the bedroom and told them that it was Colene that had called and she had stated that something had happened and she wanted him to come right now. She stated that before Danny left the house Mr. Gilham asked him “what Cap wanted” and Dan stated that Cap stated that he did not get the job and that he might to to Gold Beach. She stated that Danny left and they did not see them again until the next evening. She stated that the reason that they thought the man in the car was Casper Oveross was because last fall when Cap and Danny went hunting together Cap came late at night and called for Danny the same way as this person did on the night of February 17.

Wednesday, February 23, 1955 Oregon StatesmanNeighbor Charged With Murder of Silverton Man
Casper Oveross Jailed
By THOMAS G. WRIGHT JR. and BRUCE KIPP, Staff Writers, The Statesman

SILVERTON — Calm, gum-chewing Casper (Cap) A. Oveross native resident of the Silverton area, was arrested Tuesday night on a charge of first degree murder in the starlight slaying of his onetime neighbor Ervin Kaser last Thursday night.

Oveross, 44, who had blamed Kaser for breaking up his marriage was under suspicion from the moment of the shooting at Kaser’s Evergreen District home.

Cap Oveross arrested

SILVERTON–Casper A. (Cap) Oveross, 44-year-old Silverton carpenter, enters Marion County Courthouse Tuesday night in the custody of police officers after his arrest on a charge of first degree murder in the slaying of his one-time neighbor Ervin Kaser last Thursday night. Behind Oveross (left to right) are Deputy Sheriff Amos Shaw and State Policemen Lloyd T. Riegel, who made the arrest, and Marion County Sheriff Denver Young. (Statesman Photo)

Kaser’s slayer had apparently followed him the 2 1/2 miles home from SIlverton, pulled his car to the shoulder of the road fifty yards away and fired four shots into the victim’s car.  One of the closely grouped shots struck Kaser in the back, killing him instantly.

Oveross was arrested at the home of his niece, Mrs. Robert Moon of 510 S. Water St., Silverton, at 8:05 Tuesday night by Deputy Sheriff Amos Shaw and State Patrolman Lloyd T. Riegel, both of Salem.  Arresting officers said Oveross refused to accept his copy of the Marion County District Court warrant citing him for first degree murder.

Five Days’ Sleuthing

The arrest followed nearly five days of intensive sleuthing by sheriff’s deputies and state plicemen, led by Marion County Sheriff Denver Young and State Police Sergeant Wayne Huffman. Young said he credited Huffman, Shaw, Riegel and Patrolman Robert Dunne particularly with gathering information leading to the arrest.

Salem Attorney Bruce Williams, Oveross’ lawyer, stated there was no evidence against his client and said he will demand the earliest possible preliminary or, failing that, a writ of habeas  corpus to free Oveross from custody.

Williams also claimed that his client was questioned by the sheriff’s office for more than 10 hours Friday morning when he became the sheriff’s first suspect.

Oveross, born near Rocky Four Corners on Abiqua Creek north of here. He was living at 716 N. Second St., Silverton and has resided in the Silverton area all his life. He graduated from Silverton High School as did his wife, Ethel, from whom he was divorced last fall.  They had lived for 20 years in the Evergreen community, about a quarter mile from the scene of the killing.

Counter Suit

The Oveross divorce proceedings were started in Marion County Circuit Court by Oveross, but Mrs. Oveross, a twin sister of Mrs. Harvey Kaser, whoe husband is a brother of the slain man, filed a counter suit and was awarded custody of the couple’s two daughters.

Police indicated that Oveross blamed Ervin Kaser, himself separated from his wife, for the split up of his family. Mrs. Oveross had reportedly seen Kaser a few hours before the slaying.

Investigating officers said Oveross’ time for the night of the slaying had been accounted for, including an early evening visit with his daughter at his former home while his former wife was away.

They said three rifles “which Oveross has access to” were being checked by the Oregon State Police crime laboratory.  The bullet found in Kaser’s body and another one found in the car have been compared with bullets taken from a target range on Oveross’ Abiqua farm, police indicated.

Police were continuing the investigation early today.

Oveross, a 5 foot 9, 155-pound carpenter and part-time farmer, was clad in blue jeans and plaid wool shirt when he was taken into custody. Konwn as an avid hunter, Oveross is considered a crackshot.

Oveross is generally well-liked by his townsmen and neighbors and exhibited no traits that drew attention to him.

A 1950 black Ford coach, registered to Oveross, was impounded by police Tuesday night and stored in a Silverton garage.

Waited for Attorney

From the time of his arrest until the arrival of his attorney, Oveross declined to answer all questions by police, saying only, “I’m waiting for my attorney.”  He told Statesman reporters only his age, his birthdate and birthplace during the period between his arrest and his booking into the Marion County jail at exactly 10 p.m.  He was assigned to cell-block A, cell 4 in the jail by Deputy Thomas W. Brown.

Oveross will be arraigned in Edward A. Stadter Jr. District Court at 10 a.m. today on the murder charge.

Blogically yours,
Everett

Not Innocent: The Investigation (part 1)

Part 1 and part 2 of “Not Innocent: The Murder” covers the events of the night of February 17th and the following day, Friday, February 18th.  We pick up the story of the investigation the next day.  While the police have a firm suspect (Caspar Oveross), there are a number of other possible suspects including Danny Gilham (boyfriend of Ethel Oveross’ daughter Colleen), Harvey Kaser (Ervin’s brother, who had fought with Ervin), as well as men who may have had business dealings with Ervin and men who’s wives (according to rumor) may have been approached by Ervin.  The police have to try to determine the motive for the murder and hunt for witnesses and physical evidence–primarily the rifle used in the murder.  Based upon the bullets, they know it was a 30-caliber rifle, which was a common hunting rifle and owned by many men in the area.  They have to search ditches, creeks, and ponds, in case the weapon was thrown away as the killer fled the scene, and they also have to perform ballistic checks on all of the 30-caliber rifles they can locate in the area, in case the killer kept the rifle.  They know that Danny Gilham has a 30-caliber rifle, and are trying to secure it from his parents while he’s not at home.  However, their prime suspect is Casper Oveross, as the Silverton Police were aware before the murder of his marital problems and his placing the blame on Ervin Kaser, and Casper’s alibi of being in two Silverton taverns at the time of the murder has been denied by everyone in those taverns.

NOTE: As I’ve mentioned before, the police reports and newspaper articles are rife with misspellings.  In just this post, you will see Ervin spelled as Irvin and Erwin, Handy’s Hardware as Hanby’s, Colleen as Colene, etc.  I’ve tried to leave most of those as they were, although occasionally my fingers overruled me.

Saturday, February 19, 1955

Sheriff’s Deputy Amos O. Shaw:

9:00 AM: On duty

9:30 AM: Discuss case with Sheriff and get assignments.

10:45 AM: Leave office

11:50 AM: Check Gilham residence, boy at home, no effort made to contact father for gun.

12:10 PM: Philippi Motors Stayton, regarding Ethel Oveross. Hasn’t worked since night of incident.

12:25 PM: Contact Sublimity Cafe. No information available.

12:40 PM: Check at Oveross ex-wife’s house, Ethel Oveross, contact daughter Colleen says mother in Salem, and won’t be back until 3:30 PM

12:50 PM: Beverly Town said to Sheperd, stated he owns agun, and that Clyde Steigler may know all about the gun.

1:25 PM: Check on vehicle in Abiqua River no reference to this case.

2:00 PM: Contact Clyde Stiager at creek, known Oveross (Casper) for years, no information of value.

2:50 PM: Contact Mrs. Helen Timmons, at Town House in Silveron, whom stated she saw Oveross (Casper) leaving the tavern (Town House) at 1:05 AM 2-18-55.

3:20 PM: Check Schaar place, nobody home. Regarding information on Irvin Kaser supposed to have tried to take her by force.

3:45 PM: At John Seims place, contaced Doc. Simmons, Seims, and Chick Carter. Carter gave information that Charley Hopkins overheard Oveross state he had laid out in Kaser’s field all on night with his 30-30 and was going to kill Irvin Kaser. Supposedly made threats several times.

4:20 PM: Leave for Silverton

4:50 PM: Check Gilham place, boy still home.

5:10 PM: Check Oveross residence, yard full of cars

5:25 PM: Contact Silverton Police department, and Sheriff D. Young.

7:45 PM: Contact Chick Carter and Charley Hopkins and Otto Hanson. Latter part of September, Charley Hopkins saw Casper Oveross on street of Silverton. Casper told that he had laid a trap and had laid out in a field most of one night with some other fellow. After making some excuse to family about going to Klamath Falls. He said he saw Irvin cross the field and they stayed and watched all night. Casper spoke well of his wife, that she is a good woman, and blamed Irvin for trouble. Stated I’ve got a gun and was going to kill him and I think I should. Also mentioned friend of his in Pennitentiary for a similar deal, but he didn’t think it was worth it. Charley Hopkins tried to talk him out of it.

Sheriff Denver Young:

With Sgt. Hazelton, checked out one James Bonner near Silver Creek road. Eliminated as suspect, at 11:30 A.M.

Arranged for 2:30 appointment with Mrs. Mary Kaser at the office of Rhoten & Rhoten Attorneys. Mrs. Mary Kaser, wife of the deceased has been living at 2054 N. Capitol St. Has one daughter Phyllis Boyce, of 4810 Reimann road. She states that she was familiar with her husbands affair with Ethel Oveross. Was told about it for the first time last fourth of July when Casper came to her home and told her that Ervin was out with Ethel. She later confronted Ervin with it but he denied it. No further information was gained at this time and interview was terminated.

Sunday, February 20, 1955

Capital Journal, Monday, February 21, 1955
Find No New Clues to Solve Mystery of Kaser Murder

Pond Dragging For Rifle Used Proved Futile

SILVERTON–Funeral services were to be held for Ervin O. Kaser at 2 p.m. Monday as police continued their search for the person who shot him from ambush as he drove into the driveway of his home near here Thursday night.

Sheriff’s officers and state police who had dragged two ponds near the death scene over the week end were continuing their hunt for the killer Monday.

Widow moves into murder victim's home

Moving van which has just been unloaded by Virgil Boyd, son-in-law of widow Mary Kaser.

The dragging of the ponds which proved futile were in search of a .30 caliber rifle which was believed to have been used by the killer.

Kaser, a prominent hop grower in the district, was shot as he arrived home in his car. Four bullets went into the car, one piercing his body.

Mary Kaser and daughter Phyllis Boyd

SILVERTON–Mrs. Mary Louisa Kaser, estranged wife of Ervin O. Kaser, 49, who was slain by an unknown rifleman Thursday night at his home three miles south of Silverton, took possession of his home Sunday, as his sole heir. Mrs. Kaser is shown here with her daughter, Phyllis Boyd.

Neighbors who heard the four shots also heard a car which had stopped across the road being put into gear and drive away.

The killer is believed to have taken back roads to get into Silverton.

Mrs. Mary Kaser, who had separated from the murdered man and had filed suit for divorce, moved back into the family home Sunday. She had been living in Salem for the past few months.

Sheriff Denver Young had returned to Salem briefly at noon and reported that the officers working on the Kaser case are still without a definite clue. Two state police officers, two deputy sheriffs and the sheriff himself are working on the case.

Sheriff Young is in charge of the manhunt and directed activities over the week-end.

No crime in recent years has stirred the community as has the Kaser slaying, and the officers are sifting all information as well as rumors that come to hand.

Sheriff’s Deputy Amos O. Shaw:

9:30 AM: On duty

10:00 AM: With Sheriff at office discuss case

10:45 AM: Leave State Police Hdqs. With State Police Officer Riegel

11:15 AM: At pond by Kaser residence and drag pond for discarded rifle. Also assisted by Lloyd Riegel, State Officer Espley.

12:50 PM: Contact Mr. and Mrs. Alvin Hollin, whom report they went to bed about 10:30 PM night of murder, had been in bed for few minutes and wife heard two shots and heard dog barking. Shortly after heard 2 cars go by. Could have heard a car if it had turned east on Count Rd 735, or known as Golf Course Rd. Cars went on south toward Stayton. Mrs. Hollin got impression that dog was barking because one car stopped on hill by Oveross home.

1:30 PM: Contact Gilham residence no one homesteaded

2:45 PM: Contact Mr. Ervin Peer, whom stated he had gone to visit Mr. Kaser (victim) approximately one month ago. Irvin Kaser told Mr. Peer that he come home one evening and found a car sitting in his driveway. Irvin Kaser started to turn in and fellow backed car out and Irvin followed car clear to Sublimity and lost him there. Mr. Peer property joins property of victim on north.

3:30 PM: Sheriff advised that Mrs. Oveross is a relation of Roy Philippi, whom is a close friend of Casper Oveross.

4:20 PM: Off duty.

SJ002_0221_A3

The Oregon Statesman–Monday, February 21, 1955
SILVERTON–Dragging operations failed Sunday to turn up the weapon which was used for the starlight slaying of Erwin Kaser at his home 2 1/2 miles south of here Thursday night. Dragging the irrigation pond on the Harvey Kaser place, half-mile from the murder scene, were (left to right) State Policemen Lloyd Riegel and Albert N. Espey, and Deputy Sheriff Amos Shaw, all of Salem. Police theorized the assassin may have tossed the gun into the pond as he fled from the scene.

State Police Private Lloyd T. Riegel:

On 20 February 1955 this officer accompanied by Deputy Sheriff Shaw and Al Espey, Oregon State Police, with the Oregon State Police boat and equipment drug a pond at the intersection of the Stayton-Silverton road and the golf course road [EK_NOTE: Now Finley Road, this was the pond on Harvey Kaser’s land]. This pond is directly below the Harvey Kaser residence. There was no success in locating the weapon supposedly used in the referred to homicide.

At 12:50 this date a Mr. and Mrs. Alvie Hollin who live at the intersection of the above mentioned road were contaced relative to any information of vehicles passing their place on the evening of 17 February 1955 after the hourse of 10:45 P.M. Mrs. Hollin stated that they had finished listening to television at approximately 10:30 P.M. and that they were proceeding to bed when she had heard two shots and momentarily afterwards two cars had passed going south on the Silverton-Stayton highway. It was Mrs. Hollin impression that the last vehicle had paused momentarily on the hill just north of their place, which would be almost directly in front of the Ethel Oveross residence. Mrs. Hollin further stated that she could not describe these vehicles as she had not actually seen them, but she was quite sure that neither vehicle had slowed down in the vicinity of the pond that was being drug or that neither vehicle had turned up the golf course road, which is directly in front of her road.

A continued check was made along the Silverton-Stayton highway leading from Silverton on south to the Hollin home. There was no information of value picked up by the door to door check. The bridges leading across Drift Creek in the vicinity of the Hollin home also on the Lardon Road were checked by the writer and Deputy Shaw for possibilities on the weapon being thrown from the bridge or from the road into Drift Creek. There was no evidence obtained relative to any rifle having been thrown in this creek.

Monday, February 21, 1955

Ervin's funeral

SILVERTON–An overflow crowd Monday afternoon attended the funeral service for Ervin O. Kaser, 49, in the Memorial Chapel, Ekman Funeral Home in Silverton. Photo shows casket being removed from the funeral home to hearse.

Sheriff’s Deputy Amos O. Shaw:

8:00 AM: On duty

8:30 am: Conference with Sheriff

9:30 AM: Meet with State Police Sergeant Wayne Huffman and Lloyd Riegel and Sheriff Denver Young. Plan days activities and checks.

10:50 AM: Gas car 1 for use

11:10 AM: Pick up Lloyd Riegel and rifle at State Police Office and take rifle to Sheriff office.

11:40 AM: At Philippi Motors in Stayton regarding Mrs. Oveross, and Roy Philippi. Roy doesn’t know much about case. Never saw Casper Oveross rifle, however thinks he has one. He received a phone call from Edith Kaser that Irvin Kaser had been shot, and the police are holding Casper. Stated that the family had gotten together about midnight and had talked the situation over, and wanted him to come over to Edith place and get in on the talk. Roy stated he did not go. Roy stated he had got a call last night from Ethel and she was returning to work tomorrow after the funeral.

1:05 PM: Contacted Mr. & Mrs. Julius Gehring, Rt 3 Box 98 Silverton. House sits on north side of hill and borders gravel road turning west towards Salem. Knows nothing referred to boys.

1:20 PM: Contacted Julius and Jerome Gehring regarding information. See signed statement.

1:50 PM: Contact Ann Kinsey, reports coming home from hospital in Silverton at 11:15 PM 2-17-55. Got home at 11:30 PM. Saw nothing of value.

2:15 PM: Arnold Briggs residence contacted, supposedly heard car by bridge that crosses Drift Creek.

2:20 PM: Check Bridge across Drift Creek, water and area.

3:00 PM: Take signed statement from Betty Hollan, see statement.

3:35 PM: Take signed statement and receive a 30-30 caliber rifle, serial no. J4464, from James W Gilham. Rifle belongs to son Danny. See statement of Mr. Gilham, signed, and receipt for rifle.

4:45 PM: Contact Carl Hande Hardware Store, and check on books with rifle sales dating back to 1950 Jan 1st. No rifle sale recorded to Casper Oeross. Personal check made.

5:00 PM: Check gun stores. No information of value.

5:20 PM: Contact Olson Drug Store Silverton. Casper purchased a box of 30-30 150 grain shells, in 1953, uncertain about 1954.

6:00 PM: Contact Kellerhals hom eand get signed statement as to what he and wife can testify to.

7:30 PM: Contact Finlay home and get a signed statement.

9:10 PM: Contact Mary Kaser wife of deceased. And she says she has been instructed not to talk without her attorney.

9:20 PM: Contact Mr. Monroe E HANSON, whom stated as follows, on 2-17-55, at 10:25PM Mrs. Monroe E Hanson picked up her daughter at Toney Cafe in Silverton and at 10:35PM arrived home. Mr. and Mrs. Hanson heard shots and remarked some one was shooting at dogs. Never heard car. And never got up and looked out. Doesn’t know if Casper Oveross owns gun. And had been neighbors for several years. Mr. Hanson and son had left home at about 7:15PM 2-17-55 for Silverton, had got about half way to town, and Ervin Kaser passed them, and they followed his car and saw him park and go into the Safeway store in Silverton. They went on to the Town House, and was in the Cafe until about 8:25PM. And they left and walked around by Alf Nelson’s Office across from the theatre, saw Ervin Kaser’s car going north on Water St. Was quite sure it was Ervin driving however never got a direct look at his face. Noticed that the drivers hat was shaped like Ervin’s hat is worn.

9:45 PM: Talk to Dick Barnes and Robert Barnes at the Police Department in Silverton. Rt. 3 Box 96 Silverton.

Richard Barnes states that I don’t think that Casper would ever throw his gun away. He has a 30-30 caliber carbine. I have never seen this gun but I am sure as he has compared it with fathers gun. He knows our place and may have hidden it there. Or at Brooder house at Hank’s place, near North Howell. Up the road a ways some old people live, Casper worked for these people and may have left the gun there. The people are deaf. W.J. Haberley’s on south of us on same side of road.

ROBERT’S STATEMENT:

Stated he went to a Grange meeting at 8:05PM 2-17-55, picked up mother and she went along. Left there at about 8:10PM (mothers). Car came out of Mrs. Oveross place, and was going about 40 MPH, north towards Silverton. At Ervin’s house he slowed down and leaned over in car to look at Ervin’s house. The Barnes car slowed up to almost 15 MPH behind him and went on passed at about even with the house. Barnes never saw no lights on in the house, and never saw Ervin’s car there. On way home Bob went by Kaser home, and saw people in the vicinity, police, etc.

Bob stated that Waldo Rue had told Bob that he had been at Coop. Meeting and come home and never saw any lights at Ervin Kaser home. And Robert Riches had remarked to Bob Barnes that he had come from the Coop. Meeting and noticed a car with lights on and thought it odd. Robert Riches lives at 1st. Gravel road left past Barnes home.

NOTE: Casper Oveross came over to the Barnes House the day after he had signed the divorce papers and remarked to the boys, “Today I am free, the divorce papers were signed. If I ever catch the son of a bitch under the roof of any house I build I’ll kill him.” Robert Barnes and wife heard this statement. Robert said you don’t want to talk like that. He said, “By God, Bob, I mean it.” Casper has remarked about hunting deer up by Roy Hogg’s place up by Eureka.

11:10PM: Off duty homesteaded

State Police Private Lloyd T. Riegel:

On 21 February 1955 Deputy Shaw and the writer contacted Roy Phillippi in Stayton, Oregon. It had been previously learned that Roy Phillippi was a cousin to Edith and Ethel. Edith Kaser is the wife of Harvey Kaser, Ethel is the wife of Casper Oveross. Mr. Phillippi stated that at approximately 6:00 A.M. On the morning of 18 February 1955 that he had received a phone call from Edith Kaser stating that Ervin Kaser had been shot and that the police were holding Casper Oveross as a suspect. She requested that Mr. Phillippi come to her home as the family was having more or less a get together and discussing the situation and that Ethel Oveross was taking this quite hard. Mr. Phillipppi stated that he gave this some consideration and had decided not to go to the Edith Kaser residence. He further stated that another cousin, a Mr. Finlay, who lived between the Oveross residence and the Ervin Kaser residence had been called to the Edith Kaser home to assist with Ethel Oveross. He further stated that Mr. Finlay had lived in this position for quite some time and that he was quite sure that he would be able to throw considerable light on the entire situation. Mr. Phillippi was questioned as to his knowledge of any weapon owned by Casper Oveross. He stated that he had known Casper for several years, that Casper had done considerable carpenter work for him but as to any weapon he might own or to where he might have borrowed some weapon would be unknown to Mr. Phillippi. Mr. Phillippi further stated that Casper Oveross had never talked of his family troubles, that he had heard a rumor that Ethel Oveross had been seen with Ervin Kaser, but his had never been verified by either Ethel or Casper Oveross. He stated that he felt that he was in Stayton and the trouble was in Silverton and even though they were relation that he had no business involving himself in the incident.

[EK_note: the Lardon Road mentioned below is now called Kaufman Road]

Deputy Shaw and the writer then returned to the last place along the Stayton-Sublimity highway that the two vehicles had been heard on the evening of 17 February 1955. From this point they started working their way south along the highway in effort to establish the route used by the suspected slayer of Ervin Kaser. A Julius and Jerome Gehring were contacted. The Gehring residence is approximately a thousand yards south of the Hollin residence. Julius and Jerome Gehring stated that they had returned home at approximately 10:00 P.M. on 17 February 1955 and that they were upstairs in their bedroom reading and writing letters. At just a few minutes before 11:00 they heard four shots that sounded very loud. There was one shot and a short pause then three shots in quick succession. Jerome stated to Julius, “Man, I wonder who’s firing.” Shortly after this they heard two cars. One car turned and went west on the Lardon Road. They are not sure as to where the second car went. In an interval of approximately fifteen minutes they heard another car come south on the road and turn onto the Lardon Road. This vehicle they were quite sure was that of Anna Kinsey, a student nurse at the Silverton hospital.

The before mentioned officers contacted Anna Kinsey who lives on the Lardon Road. She stated that she is a student nurse at the Silverton hospital and that she got off work at 11:00 P.M. 17 February 1955. She drove to Water Street in Silverton and left another student nurse out at her home. As she was going over the south hill in Silverton a police car came behind her blinking its red light and sounding a siren. She stated she pulled to the curb and the police car went on by. As she reached the Ervin Kaser home she observed the police car and other vehicles setting in the road. She stated she did not know what had happened but thought they were looking in Mr. Kaser’s car. As she proceeded on south to her home Anna Kinsey stated that she did not see any cars parked along the road, any tail lights or headlights of any cars ahead of her. She is not sure whether she met any vehicles proceeding north or not.

Information was then received that a Mr. Arnold Briggs had related to a neighbor that a vehicle had stopped on a bridge just south of his place some time near 11:00 on the evening of 17 February 1955. The writer and Deputy Shaw attempted to contact Mr. Briggs but was unable to do so. A search was made of the bridge and the area surrounding the bridge for the possible weapon. No evidence was found relative to this weapon or any evidence that a car had stopped near or at the bridge.

Mr. James W. Gilham was then contacted by the above mentioned officers and Mr. Gilham surrendered to these officers his son’s rifle, a Marlin 30-30 caliber serial J4465. At this time Mr. Gilham also gave the statement that his son, Daniel James Gilham, age 19, had returned home shortly before 11:00 the exact hour unknown. Mr. Gilham stated that he placed this time by the fact that his wife had got up at 11:00 and when she looked into the driveway she saw her son’s car, a 1950 Ford. Mr. Gilham stated that he had no knowledge of the shooting and that he had barely known Ervin Kaser and that he had met Mr. Oveross a few times. He also stated that he understood that the weapon that he was surrendering would be taken to the Oregon State Police crime lab where it would undergo ballistic tests and any other tests seen fit by the laboratory.

After taking a statement from Mr. Gilham, Deputy Shaw and the writer proceeded to Silverton where they made a re-check on the various hardware stores, Handie’s Hardware, Johnson’s Hardware, Coast to Coast Auto Supply, Marshall-Well’s Store and Western Auto Supply for any record of a weapon having been sold to Casper Oveross any time since 1946. Records were checked back as far as 1950 with no evidence of a weapon having been sold. It was then requested that the records prior to 1950 be located so as to be checked by these officers at a later date.

A check at the Olson Drug in Silverton revealed that Casper Oveross had purchased 30-30 shells at this store several times. Cap had always asked for and preferred the 150 grain shell. This is an uncommon shell for 30-30’s, as most 30-30’s are produced in a 170 or 180 grain shell.

Deputy Shaw and the writer then contacted Emanuel Kellerhalls Jr. and Connie Kellerhalls. The Kellerhall residence is directly across the road west of the Ervin Kaser residence. The front door of the Kellerhall residence is in direct line with the Ervin Kaser driveway. The bedroom of the Kellerhalls faces the highway which runs between Ervin Kaser’s and the Kellerhalls residence. Mr. Kellerhall stated that he had been away from home since the early morning of 17 February hauling logs in the Silverton area and that he had returned home at approximately 5:30 P.M. From 5:30 P.M. on throughout the evening there had been no incident that had attracted his attention to the Ervin Kaser residence. They further stated that they had had company which had left about 10:20 P.M. on 17 February 1955, that they had went to bed at approximately 10:30 P.M. Mr. Kellerhall stated that he had just dozed off and Connie, his wife, was still awake, however had her eyes closed attempting to go to sleep. At approximately 10:45 P.M. they heard a vehicle drive up and stated, “Well, there is Ervin Kaser,” however they were not sure this was Ervin’s car. Shortly after, they heard a second car stop and then they immediately heard what they termed as shots. The first shot woke up Mr. Kellerhall, also woke up his daughter Anna Kellerhall. Mrs. Kellerhall, “Why, they’re shooting at Ervin,” and they jumped out of bed and looked out the window. Mrs. Kellerhall stood at the bedroom window and saw three blasts from a rifle or what they thought to be a rifle. Mr. Kellerhall was of the opinion that the shots had come from the window of a vehicle. After the shots had been fired they did not hear any vehicle door slam, and it also gave them the opinion, further, that the shots had been fired from the inside of a vehicle. Immediately after the shots a vehicle pulled away. It was a dark colored sedan or coach. The night of February 17, 1955 was a clear, cold night and the Kellerhalls were able to get a good outline of the vehicle. They were of the opinion that the car was a Ford and it had pulled away from the scene quite rapidly.

Immediately after seeing the vehicle leave Mr. Kellerhall went to the phone and phoned the Ervin Kaser residence. They were unable to locate or raise anyone at the Ervin Kaser residence so they phoned Marvin [EK_note: Melvin] Kaser at his residence and informed them that they believed someone was shooting at Ervin Kaser. After this Marvin Kaser phoned them in a few minutes and came over to the scene. The Kellerhalls were quite positive of the time as while they were talking on the phone their clock chimes struck 11:00 and they are quite sure that their clock is accurate. They were first contacted by Mr. DePeel after the officers arrived at the scene.

The officer then contacted Mr. Edward Arthur Finlay [EK_note: went by ‘Ted Finlay’] who lives in the second house south of the Ervin Kaser residence. Mr. Finlay stated that he had been home all evening and he had just turned off the light in his bedroom to retire when he heard shots being fired and he looked out the window. At this time he looked at his alarm clock and it was 10:55 and he was quite sure that the alarm clock was fairly accurate. Immediately after the shots being fired he heard a car heading south on the main highway. The car appeared and sounded to be an older type vehicle as the motor was laboring quite hard, however the speed appeared to be approximately 35 to 45 miles an hour. The vehicle had two headlights and appeared to be quite wide apart. He could not see the rear of the vehicle as it passed. Shortly after a second vehicle came by, but Mr. Finlay was quite sure this vehicle was that of Edith Kaser as he recognized the rattle of the old pickup that she drives. Mr. Finlay stated that he stayed in bed until 2:30 A.M. When he was called by Edith Kaser to come and assist with Ethel Oveross as she was taking the shooting quite hard. Ethel indicated that it was her fault of the shooting and that she was quite sure that Casper Oveross had shot Mr. Kaser. Mr. Finlay further stated that Ethel Oveross had told him that she had been out with Ervin Kaser on the evening of 17 February 1955 and that they had met somewhere on Abiqua Road and then had driven the back roads around Mt. Angel. She had also stated that she arrived at home at approximately 10:30 P.M. Her route to the spot of meeting and to her home from the spot of meeting was not divulged to Mr. Finlay.

Sergeant Huffman, Deputy Shaw and the writer then attempted to contact Mary Kaser the wife of the deceased. Mary Kaser stated that she would not give any statement or desired not to talk about the incident unless her attorney, Mr. Ray Rotten, was present. Mr. Rotten had advised her not to make any statement to police or any other persons who might question her regarding the incident.

The officers then contacted Monroe E. Hanson, Rt. 3, Box 112, Silverton. Mr Hanson lives across the road from the Finlay residence and the second house south and on the west side of the road from Ervin Kaser’s residence. Mr. Hanson stated that at approximately 7:15 P.M. on the evening of 17 February 1955, he and his son had driven into Silverton. As they neared the Ervin Kaser residence they observed Mr. Kaser back out of his driveway and head towards Silverton. They stated that they followed him into Silverton and into the Safeway store where he had purchased some groceries. Mr. Kaser had left the Safeway store before Mr. Hanson had completed his purchase. At approximately 8:30 P.M. that evening Mr. Hanson stated that he and his son were walking north on Water Street in the vicinity of the Alph Nelson’s law offices. At that time they had observed Mr. Kaser’s car going north on Water Street. They were quite sure of Mr. Kaser’s vehicle, they were also quite sure that the gentleman driving the car was Mr. Kaser. They further stated that he was accompanied by a lady who they were not definitely sure but had the impression it was Ethel Oveross. They stated they last saw the vehicle in the vicinity of the Budget Market, which is north of the Alph Nelson law offices.

Sergeant Huffman, Deputy Shaw and the writer then contacted Richard Barnes and Robert Barnes, Rt. 3, Box 96, Silverton. The Barnes boys stated that they had known Casper Oveross for several years and that they were quite sure that Casper had a 30-30 carbine as he had compared this gun with their fathers gun several times, however they had not actually seen the Oveross gun. Robert Barnes further stated that Casper Oveross had worked at their place building a silo and a shed. At the day that his divorce became final Casper Oveross came to their place and 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 of any house that I built I’ll kill him.” Robert stated to him that, “You shouldn’t talk like that, Casper.” But Casper replied, “So help me God, Bob, I mean it.” Robert further stated that on the evening of 17 February 1955 he had left home at approximately 8:05 P.M., had driven by his mother’s place, picked up his mother and left there at approximately 8:10 P.M. his mother’s place being the first house south of the Oveross residence on the Silverton-Sublimity highway. [EK_note: no, that would be Harvey Kaser’s. Probably the second house south of the Oveross place.] As they neared the Oveross residence they saw Casper Oveross’ car back out onto the highway and proceed north towards Silverton. Robert Barnes stated that he followed the car up the highway north at approximately 40 miles per hour. As the car neared the Ervin Kaser residence the car slowed down to approximately 15 miles per hour and the driver leaned over to the opposite side of the seat and seemed quite interested in the Ervin Kaser residence. Robert Barnes stated that he was quite well acquainted with Casper Oveross and the vehicle that he drove and that he was sure that the occupant and driver of this car was Casper Oveross, and that the vehicle was Casper Oveross’ vehicle. Robert Barnes further stated that he attended a meeting in Silverton that evening and on his return home he noticed police and other people about the Ervin Kaser residence. He further stated Casper Oveross has not worked at his place since the completion of the silo, which was sometime in October of 1954. Richard Barnes had no information of value to add to his brother’s statement.

State Police Sergeant Wayne G. Huffman:

Pursuant to instructions from Captain R. G. Howard on February 21, 1955, the writer accompanied with Sheriff Denver Young contacted Colene Oveross, 19 years, daughter of Casper Oveross. She is presently employed by Ralph Emmons, Public Relations Office, Salem. She stated that her father on February 17, 1955 came to their house at above address where she is residing with her mother and younger sister, that he arrived there at 7:50 P.M. or thereabouts and remained at the house until approximately 8:35 P.M. and left without saying where he was going. She stated the only discussion they had was how the children were getting along and just other routine family talk. She stated her boyfriend, Danny Gilham, was there at the time. Also she stated that her mother, Ethel Oveross, had left the house about 7:30 P.M. to presumably go to a club meeting, but that she did not say where she was going when she left the house. She stated her younger sister, Karen Oveross, 9 years, had gone with the neighbor girls to a skating party in Salem, Oregon. She stated that she and Danny Gilham stayed home that evening and that he left the house for home at approximately 10:30 P.M. She stated that he had not been gone but a very short time before her mother arrived home and she was alone, but prior to her other returning home she had gone to bed. She stated that her sister, Karen, arrived home shortly after her mother came in, she thought approximately five minutes after her mother had arrived. She stated shortly after her mother had gone to bed, which was about fifteen minutes after she had come in the house, that the shots were heard, but she did not pay any particular attention to them, nor did she get up out of bed. Colene stated her father had a rifle but she did not know the make or description of the gun only that it was a rifle. She stated she did not pay too much attention to them only that at times they were in the way when they wanted to clean house. Sheriff Young and the writer did not question Colene Oveross any further as she was rather upset and she had a luncheon engagement.

Contacted Mrs. Erma Moore, Rt. 3, Box 111, Silverton, who is a neighbor to Mrs. Casper Oveross. She stated that she has known the Kaser family and Casper Oveross for the past seven years. She stated on the night February 17, 1955 that she and her husband and one of the daughters was home the entire evening. She stated one of her twin daughters and the older daughter had gone to Salem to a skating party and they had taken Karen Oveross, neighbor girl, with them. She stated the girls returned from the skating party at 10:35 P.M. as she looked at the clock as they came in the house. She stated that none of her family had heard any of the shots as there was probably noise in the house and the walls are pretty well sound proofed. She stated her neighbor across the road, Mrs. Hanson, had been to Silverton that evening to pick up her daughter, Deloris, who had also gone to Salem to the skating party. She stated the first she knew of the shooting was around 7:15 A.M. On February 18, 1955, when Mrs. Edith Kaser had telphoned her and told her that Ervin Kaser had been killed and to tell Wayne Moore, her husband, before he left. She stated Mr. Casper Oveross since the divorce comes to his home to visit Ethel Oveross his ex-wife quite often. She has seen him there numerous times. She also stated that on Thursday, February 17, 1955, that he was there around 11: A.M. In the morning, but she had never seen him there at any other time that particular day. She also stated that Casper Oveross has a 30-30 rifle, make she did not know but she does remember that when he bought it it caused quite an argument in his family as he had to pay $69 for it and his wife thought that was just too much. She thought that he had purchased this rifle about three or four years ago or possibly longer. She believed that was purchased at Hanby’s Hardware Store in Silverton. She stated Mrs. Ethel Oveross came over to her house the next day, February 18, 1955, and talked about it. Also she stopped at her house on the day of the funeral in the morning on her way back from the funeral parlor, at that time Ethel Oveross had told her that she thought Casper Oveross had killed Ervin Kaser, also that he had wanted his daughters to come into Silverton and visit him Sunday, which they did. She stated that Casper Oeross had not been doing any target practising on his place since August of 1954 or since the divorce.

Contacted Mrs. Ethel Oveross, Rt. 3, Box 110, Silverton, ex-wife of Casper Oveross who stated that on the evening of February 17, 1955, she was at the house at the above address and her daughter Colene and Danny Gilham were there and that her other daughter, Karen, had gone with the neighbors to a skating party in Salem. She stated she had a pre-arranged meeting with Ervin Kaser at 7:45 P.M. north of Silverton on a county road that crosses the Abiqua Creek. They were to meet at the bridge. She stated she left the house approximately 7:30 P.M. to keep this appointment, she left alone in her own car. She arrived at this meeting place and Ervin Kaser pulled up behind her there shortly after she arrived. She stated that Ervin was alone and that she got out of her car and into his car and they drove on towards Mt. Angel and parked on a side road and stayed there until the time they came back to her car. As they were coming up to where her car was parked, another old model car was proceeding them on the same road. She stated they passed her car and did not want to stop so they went on up the road and then turned around and came back after this other car had gone out of sight. She stated she got out of Ervin’s car and into her own then drove back down the road towards Silverton and through Silverton on James Street crossing on the lower bridge and then back down south of Silverton on the road towards her home. She stated she never went by Shorty’s Tavern and that Ervin Kaser did not follow her down James Street but she though he turned up 2nd Street. She stated she arrived home at approximately 10:30 P.M.

Ethel Oveross stated she has been going with Ervin Kaser for about two and a half years. She stated Casper Oveross knew about it almost right away and that he would accuse her of it, but every time that he accused her she would deny it. She stated it lead to fights but she does not remember at any time he threatened her or Kaser’s life. She stated her husband, Casper Oveross, moved out on August 21, 1954 and that was when sexual relations ceased with him. She stated he has been back to the house after the divorce several times but has never made any advance towards her. She stated Casper Oveross has a 30-30 rifle but she did not know too much about it other than he had bought it about five years ago or maybe longer. It was at the time when guns were hard to get and he had placed an order at several different places. She stated he goes hunting considerable and some of his hunting partners are Floyd Stagger who lives up on the Abiqua Creek and Danny Gilham has gone hunting with him.

She stated on her arrival home on the night of February 17 at 10:30 P.M. she had just gotten into bed when she heard the shot. She stated there were four of them. She stated she did not hear any cars go by the house after the shots. She further stated that her sisters pickup, her sister being Edith Kaser, came by after the shots and she recognized it from the noise it made. She stated sh never heard her dog bark when the shots were heard but she did hear the neighbors dogs barking. She stated that Danny Gilham was not home when she arrived home and she believed that he had gone to Silverton for band practice. A question and answer recording was taken from Mrs. Ethel Oveross at that time in the presence of Sheriff Young, Mrs. Ethel Oveross and the writer, this is of record at this office.

Contacted a Robert and Richard Barnes, R. 3, Box 96, Silverton, who are brothers and who live on the same road south of the Kaser residence. Robert Barnes stated that on Thursday evening, February 17, 1955 he left his house around 8:05 P.M. to go to a grange meeting. He stopped on the way and picked up his mother, Mrs. Barnes, approximately one half mile from the Oveross residence and this was around 8:10 P.M. He left her residence headed north and as he neared the Oveross residence a car pulled out ahead of him and as he caught up with it he could see that it was Casper Oveross’ car and that Casper was driving. He stated he followed this car at a speed of approximately 40 miles per hour north towards Salem [EK_note: Silverton]. As it neared Ervin Kaser’s place, Casper Oveross slowed down and very diligently looked over at the Kaser residence, continuing to do so as he drove down the road. He stated he slowed his speed down to about 15 miles per hour. He stated that Casper seemed quite interested in the Kaser house as he drove by. Also shortly after they had passed the Kaser residence, Robert Barnes stated that he passed Casper Oveross and definitely knows that it was he that was driving and that he was alone. He stated that he went on to the meeting and on returning that same evening passed Kaser’s residence he noticed police cars there and several people around. The first thought that entered his mind was that Casper had shot and killed Ervin Kaser. His reasons he stated for thinking this was that at one time on the day of the Oveross divorce, which was August 21, 1954, Casper had told him that, “If I ever caught that son-of-a-bitch Kaser under any roof that I built I would kill him.” Robert stated that he had told him not to talk like that as it would get him in trouble. He said that Casper said, “By God Bob I meant it.”

Richard Barnes stated that he had known Casper Oveross for years, he has worked for him and that he has a 30-30 carbine rifle. He did not know the make or where he purchased it. He stated that on Thursday, February 17, 1955, Casper came to his residence about 11:00 A.M. He thought possibly that Casper may have hid the rifle around his place as he is quite familiar with the buildings. He also stated one time his wife had picked up the telphone to use it when a ring was heard in her ear. He stated she listened and heard a voice, whom she thought to be Ethel Oveross’ and which stated “Wrong number,” she heard another voice whom she though was Ervin Kaser’s say “South of town” also this same voice whom she though was Ethel Oveross state “1:00,” she stated two receivers were hung up. This was all Richard Barnes could supply.

Sheriff Denver Young:

Writer with Sgt. Wayne Huffman contacted Mr. Ralph Emmons at his office in the Oregon Bldg. In an effort to obtain an interview with Colleen Oveross who is working for Mr. Emmons.

Miss Oveross agreed to answer some questions and was quite agreeable during the interview. She stated that she and Danny Gilham were home alone on the evening of 2/17/55 after her mother had left the house and that her father came to the house about 7:40 P.M. and stayed until approximately 8:20 P.M. She stated that Danny stayed at the house after her father left until about 10:30 P.M. and then left. She also stated that her father owned some guns but that she did not know enough about guns to say what kind they were. She only knew that he kept them standing in the kitchen usually and that when she cleaned house they were always in the way, and she would have to move them.

3:30 P.M. Contacted Mrs. Wayne Moore, Rt. 3 Box 111, who states that they have lived next door for 7 years. She was up until after 11:00 PM 2/17/55 but was looking at TV and did not hear shots. She was up because one of her twin girls was out with Karen Oveross and some other girls to a skating party in Salem. The girls arrived home about 10:37 P.M.

The first that she knew of the shooting was about 7:00 A.M 2/18/55 when Mrs. Harvey Kaser called her. About 11:00 A.M. She saw Casper Oveross on the back end of the Oveross place. Mrs. Moore stated that she had heard about Ethel since 1953, when Casper asked Ervine Kaser to keep his eye on Ethel and Alvin [EK_note: Alvis] Brunner. She thinks that Ethel Oveross is convinced that Casper killed Ervin. She states that Wayne Moore owns a 30-30 rifle which has been standing in the woodshed for some time. Any one who knew of its whereabouts would have had access to it. She stated that we would be welcome to take the gun for any tests that we would care to make. She could not remember of Casper doing any shooting around the place lately.

4:20 P.M. Contacted Ethel Oveross at the Harvey Kaser place. She repeated her story of meeting Ervin Kaser about two miles north of Silverton on the night of the shooting and getting into his car. They drove to a side road on the east side of Mt. Angel and parked until about 10:00 P.M. when they stared back towards her car. She stated that she had started going with Ervin about 2 1/2 years ago and has seen him about one or two times a week since then. Colleen is anxious to see a reconciliation. Casper has been back several times to try and take her out. Casper took his rifle with him when he moved out in August. She stated that Cap bought the gun after the war when they were still hard to get. Showed us picture of Cap and Floyd Staiger with large deer and two rifles leaning against it. She and Colleen and Karen and Daniel Gilham visited Cap 15 or 20 minutes on Sunday [EK_note: Feb 20]. She heard shots but did not get up. She made a remark to Colleen about them. She did not hear a car go by right after the shots, but did hear her sisters pickup go by a little later. Did not hear her dog bark. Thinks Danny may have gone to Silverton for band practice after he left the house. (Record made of this interrogation by Sgt. Huffman)

6:28 P.M. Contacted Charlotte Moore, Delores Hansen, Ila Moore who stated that they came back from Salem to Silverton about 10:25 and dropped Arles Steinberg off at her home and then came home. They saw no suspicious cars and no car in Ervin Kasers driveway on the way home.

Mr. Wayne Moore contacted, at his residence, he states that Casper Oveross did have a 30-30 rifle (carbine) about the first of last October. He thinks that the gun was purchased about 1st of October 1948.

Mr. Moore also states that an informant tells him that Casper always purchased 150 grain bullets. Casper has a reputation of being a good fast shot, and has hunted with Bill Specht and Danny Gilham. Moore states that Cap told Harvey Kaser that if he ever caught Ethel and Ervin together he would kill them. He also believed that Cap had caught Kaser hiding in the basement of the new house which he was building. (unconfirmed) Mr. Moore stated that his own rifle had stood in the woodshed back of his house for some time and he kept it there so it would be handy for shooting dogs that might get in the sheep. He turned the gun over to the writer and State Officer Huffman for ballistics check. It is a long octagon barreled Winchester rifle, serial number 118533. The writer removed one live cartridge from the chamber (corelokt). Shell sent to laborotory for examination.

Blogically yours,
Everett

Not Innocent: The Newspapers (part 1)

I told you up front that this story is being posted “off the cuff” as I write it, and it will definitely need to be edited and re-arranged, once it’s all down on … well, electrons.  So, don’t be surprised if I jump around a little, and if things feel a little disorganized. It will end up being a multi-pass process to get everything the way I want it, and you’re only seeing the first pass.

So far, we’ve seen the intitial events from the point of view of the police and a few memories of family members.  But how did things appear to the general public?  All they had access to was the rumor mill (and, oh my, was it working overtime!) and the newspapers (remember, in those days there were no big TV stations with remote satellite-feed trucks).  Since the murder occurred near 11:00 Thursday night, and morning editions of newspapers were usually “put to bed” not too long after that, it was too late to make it into the newspapers the next morning.  Silverton had a weekly paper, the Silverton Appeal-Tribune, so the story didn’t appear there until a week later on Friday, February 25th. Portland’s Oregonian newspaper was a morning paper, as was Salem’s Statesman-Journal.  The story first ‘broke’ in Salem’s afternoon paper, the Capital Journal, on Friday afternoon, February 18th.  The story took up half of the front page:

Mystery Shrouds Murder of Silverton Farmer by Rifle Fire
Ervin O. Kaser Shot at Garage On Hop Ranch

By MIKE FORBES

SILVERTON—An unkonwn assassin Thursday night followed Ervin O. Kaser, 49, to his home in the Evergreen district three miles south of Silverton and killed him with a high power rifle.

CJ001_0218_B3

Deputy Sheriff R. C. Boehringer pointing to bullet holes in side of Ervin O. Kaser’s Plymouth sedan fired by a mysterious killer Thursday night. State Police Officer Stan Barron is seated at wheel of car. Bullet hole in the door window below Officer Barron’s chin is believed to have been made by the fatal shot that pierced Kaser’s aorta, a large artery that leads from the heart.

The burst of rifle fire was heard by Mr. and Mrs. E. Kellerhals, Jr., who lived directly across the road. They told Sheriff Denver Young and State Police Officer Robert Dunn that they heard Kaser turn into his driveway and stop his car. At the same time, they said, they heard another car stop across the street 50 feet north of Kaser’s driveway, and then came the first shot.

Rushing to the window, the Kellerhals saw three more muzzle blasts from the rifle. Then the driver put his car in gear and drove off to the south.

No empty cartridge casings were found at the scene of the shooting causing officers to believe that the slayers purposely fired from inside his car and not left as a clue.

The Kellerhals immediately notified the sheriff’s office and Deputy Sheriff R. C. Boehringer who was in the Mount Angel area was dispatched to the scene. He was joined soon by Sheriff Young, District Attorney Kenneth Brown, Dr. Homer Harris of the State Police crime laboratory, and others.

Efforts were made immediately to trace Kaser’s movements the evening before the shooting, but this stage of the investigation remained indefinite. Several persons were questioned in an effort to establish a motive and to trace Kaser’s movements. No suspect was under arrest, although it was established that several threats had been made against the man’s life.

One witness advanced the theory that the killer circled to the west on a country road south of the scene and returned to Silverton over Paradise alley that connects with Silverton road, west of the city. A car was seen leaving Paradise alley and heading towards Silverton 15 minutes after the shooting. It was driven slowly, but was noticed because the driver failed to make a boulevard stop. A full description of the car was given police.

Kaser, according to investigators, was living apart from his wife, who separated from him some time ago.

Phyllis Boyd, Mary and Ervin Kaser

Kaser with his wife, Mary, center, and her daughter Phyllis.

The victim is survived by his mother, wife of the late Fred Kaser; three brothers, Orville, of Tillamook; and Harvey and Melvin of Evergreen district; a sister, Mrs. Venita McMorris, Buena Vista; his wife, Mary, and a stepdaughter, Phyllis.

The body was taken to the Ekman Funeral Home pending an inquest.

Hopefully you’re wise enough to know that there’s no “absolute truth,” all truth depends upon its context, who’s telling it, and who’s listenting to it.  Whether it’s something you’ve seen with your own eyes, something reported by reliable and trustworthy sources, or something you’ve read in the newspaper, keep a healthy supply of salt grains at hand.

We have several things working against the newspaper’s account: the writer was rushing to meet deadline, his official sources (the police) weren’t telling him everything they knew and the things the police knew weren’t necessarily even close to the truth, and his unofficial sources (family members, neighbors, and random people wandering by) were prone to the usual rumor-mongering and wild speculation, all presented as the God’s-honest-truth.

For example, the Kellerhals didn’t notify the Sheriff’s Office, they called Melvin Kaser, neighbor and brother to Ervin.  They didn’t even know that Ervin had been shot, and it was Melvin who went over, saw his dead brother, and then called the Silverton Police, who sent out officers, and then they called the Sheriff’s Office.  Finally Deputy Boehringer was dispatched to the scene. The big theory from “one witness” that the killer had circled back to Silverton via Paradise Alley was a case of pure speculation, and the car that was supposedly seen leaving Paradise Alley without coming to a full stop was never mentioned in any of the police reports.  The list of survivors included three brothers, but missed entirely my father, Calvin Kaser, Ervin’s youngest brother, and they misspelled Orval’s and Veneta’s names.  But you knew better than to trust newspapers, right?

The next day, Saturday, February 19, 1955, the morning paper, The Statesman-Journal, ran these two articles:

Police Seek Slayer of Silverton Hop Grower
Rifleman Kills Ervin Kaser in Front of Home

Statesman News Service

SILVERTON—Police Friday were searching for the killer of 49-year-old Ervin Kaser, who was shot to death Thursday night at his hop farm located on the Silverton-Stayton Highway, two miles south of here.

SJ001_0219_A3

SILVERTION–Angle at which the killer of Ervin Kaser fired is shown. Position of the killer’s car, left, is circled. Kaser was shot to death as he sat in his auto which was in the position of the car marked X. Behind the car is Kaser’s home where he lived alone.

Police questioned a 43-year-old Silverton man until early Friday and released him for lack of evidence. A ballistics test showed Friday that the murder weapon was a .30 calibre rifle.

Followed Victim Home

Ralph Prouty - windsheild

Ralph Prouty, state criminologist, is pointing at one of the holes in the death car. Kaser was shot by a killer with a .30 caliber rifle who apparently followed him home from downtown Silverton Thursday night.

The murderer, said police, evidently followed Kaser home, parked 50 yards away across the highway and fired four quick blasts after the Kaser car rolled to a stop. One bullet only struck Kaser in the left shoulder and lodged near the heart. He died almost instantly, said District Attorney Kenneth E. Brown.

The other bullets, said state police, all tore through the car only a few inches apart. Three, including the death bullet, went through the left door post. One of these and a fourth went through the windshield.

Field Searched

None of the other bullets was located, police said, although an adjoining field was searched.

When police arrived soon after the slaying, headlights of the death car were still burning as was the inside dome light, which Kaser had evidently turned on as he was reaching for the grocery bag in the back seat.

Neighbors directly across the road from the Kaser place, Mr. and Mrs. Emanuel Kellerhals Jr., said they first heard Kaser arrive, then heard a car door slam and one shot. It was 10:55 p.m.

Three Flashes

Arising from bed, Kellerhals said he saw three flashes from successive shots and saw the killer’s car, parked a few feet from his driveway, start off toward Stayton.

He said the car looked and sounded like a Ford and was dark in color. From the sequences of sounds, Kellerhalls said there was a possibility that Kaser had emerged from his car and stared to his doorstep, then, becoming alarmed, re-entered his car where he was found on the seat on the side away from the steering wheel. Police late Friday had not located the murder weapon.

Lived Alone

Kaser, according to Kellerhals, had been living alone for about six months, his wife having instituted divorce proceedings against him.

The wife, Mary Kaser, lives at 2045 N. Capitol St., Salem.

Kellerhals, after establishing that something was amiss, summoned Silverton Constable Harley DePeal, who was the first law official on the scene. Later, the Marion County sheriff’s office was notified and state police.

Kaser was known as a good neighbor, said Kellerhals. He seldom had visitors and the few who called were usually men he worked with and they came at night, Kellerhals added.

(Additional details on page 2, sect. 1.)

[page 2, sect. 1.]

Robbery Said Not Motive in Farm Slaying

Statesman News Service
(Story also on page one.)

SILVERTON—Object of a wide search in this area Friday was the killer of Ervin Kaser, hop grower on the Silverton Stayton highway two miles south of here.

Kaser was shot Thursday night in his car as it rolled to a stop in the driveway of his home. The killer fired from another car parked 50 yards away across the highway.

Police said it was apparent that robbery was not a motive. The man’s house had not been entered and nothing was missing from his person.

A post mortem performed on the body Friday showed that the death bullet, which had “mushroomed” badly after crashing through the door post, cut off the flow of blood to the heart. Dr. Homer H. Harris, director of the state crime detection laboratory, made the examination.

Kaser was born Nov. 16, 1905 at Silverton, the son of Mr. and Mrs. Fred Kaser. The father is now dead, but the mother, 74, still lives on a farm located near the scene of the tragedy.

Other survivors beside the estranged wife are four brothers, Orval, Bay City; Harvey, Melvin and Calvin, all of Silverton, and a sister, Mrs. Venita McMorris.

The body is at the Ekman Funeral Home here. Funeral services will be held Monday at 2 p.m. At Ekmans.

Mannie Kellerhal’s theory that Ervin had started for the house is certainly wrong, as Ervin wouldn’t have left the lights on in the car or the groceries in the back seat.  More likely Ervin had opened his door to get out and get the groceries from the back seat, but saw the killer’s car and maybe even the rifle, as the nearly full moon was lighting the night.  His hand still on the car door, he probably moved back into the car, slamming the car door, as that would have been his nearest and only protection.  But before he could move across the seat to get out the far side, the first shot pierced the door post, mushrooming the bullet, which then slammed into his back and sliced his aorta, killing him.

The second article gets the list of survivors right and even the correct spelling of Orval’s name, although they still misspelled Veneta’s name.

Here’s a third sample, the Capital Journal from Saturday afternoon, February 19, 1955:

Search Reveals New Clews To Solve Silverton Murder
Sheriff Active But Silent on Developments

By MIKE FORBES

SILVERTON—Sheriff Denver Young and State Police today moved a step closer to the rifle slayer of Ervin Oren Kaser, 45-year-old Silverton farmer, as they uncovered some of the victim’s movements Thursday night shortly before he was shot to death in the driveway of his home in the Evergreen district.

The sheriff said that investigators have found the place where Kaser spent most of the evening before he was killed, but declined to elaborate on the statement. He hinted strongly, however, that this information has provided officers with a strong clue.

CJ002_0219_A3

SILVERTON–District Attorney Kenneth E. Brown points to bullet holes in windshield of Ervin O. Kaser’s automobile made by unknown slayer Thursday night when he killed the Silverton farmer with rifle fire in the driveway of his home. Oregon State Police Officer Bob Dunn, left, and Sheriff Denver Young are standing beside Brown. The killer is believed to have fired the shots from his car in the vicinity of the utility pole that may be seen over top center of Kaser’s car.

Numerous witnesses also were questioned as part of the investigation. Kaser’s estranged wife, Mary Louisa, was scheduled to be questioned, the sheriff said, but merely as a matter of routine.

The investigation also included perusal of Mrs. Kaser’s divorce action which is pending in circuit court and was scheduled for trial March 17.

The divorce complaint charges cruel and inhuman treatment and accused Kaser of staying out all night occasionally, sometimes remaining away from home for several days without explanation; of failure to support her; refusing to buy food or clothing for her; refusal to associate with her friends; of locking her and her daughter out of their home; of associating with other women (who are not named); of refusing to speak to her; of refusal to share with her any information about family finances; of striking and beating her.

Mrs. Kaser’s action asks for an undivided half interest in his property or a cash settlement of $15,000.

In his answer to the suit Kaser denied all of his wife’s charges and in counter charges accused her of cruel and inhuman treatment in their home life in that she:

  1. Accused him falsely of associating with other women.
  2. Cursed and berated him privately and publicly.
  3. Refused to prepare meals and perform other duties of a housewife.
  4. Concealed from him her inability to bear children.
  5. Assaulted and struck him.
  6. Urged him to obtain a divorce.
  7. Frequently expressed lack of affection or regard for him.
  8. Counseled her daughter by a former marriage to disrespect him.
  9. Removed most of the furniture from his home without his approval or consent.

These charges are denied by Mrs. Kaser in her answer.

Attorneys for Mrs. Kaser are Rhoten, Rhoten and Speerstra.

Kaser was shot to death by an unknown slayer who followed him from Silverton and opened fire as Kaser drove into the driveway of his home and stopped.

Funeral services will be held in Memorial Chapel, Ekman’s Funeral Home, at 2 p.m. Monday. Burial will be in Belcrest Memorial Park, Salem.’

Obviously, the ‘clews’ in the headline indicates that the writer had spelling problems or else was a sailor, but typos and misspellings in the newspaper are rarely the largest grievances.  But other than Ervin’s age (he was 49, not 45), this article seems to be reasonably factual within the limits of the facts that they had available to them at the time of writing.

The newspapers kept running articles daily for weeks, covering the developing investigation as best they could within the limits of the information released by the Sheriff’s Office, and they provide a complimentary counterpoint to the police reports, but the police reports definitely contain much more information about the day-to-day investigation, so I’ll return to them for a while.

Blogically Yours,

Everett

 

Not Innocent: The Murder (part 2) – updated and expanded

Here’s more police reports.  Some of the reports were written up and filed almost immediately, some weren’t written and/or filed until a week or two later.  I imagine that the police took notes during their investigation, and then wrote up the reports as they found the time, putting it off when there were higher priority activities in the investigation.

State Police Officert Robert W. Dunn:

VICTIM: ERVIN OREN KASER, Rt 3, Box 115W, Silverton, 49 yrs., 6′, 160, brown, blue.

DATE OF CRIME: 17 Feb 55 about 10:45 p.m.

PLACE OF CRIME: Rt 3, Box 115W, Silverton. Farm residence of the victim. In the driveway to the residence which is on hwy between Silverton and Stayton about 2 miles south of Silverton, about 200 yards south of Evergreen School, on east side of hwy. Vision is unobstructed in all directions for over 200 yards.

DISCOVERED BY: EMMANUEL (nmi) KELLERHALS, Jr., Across from victim’s residence is this subject’s residence. This subject and his wife heard the first shot and then heard and saw the muzzle blasts from the rest of the shots (3 more). They saw the car drive away but could not describe the car nor how many were in it.

MODE OF OPERATION: The victim was heard to drive into his driveway and a car door was heard to slam. Immediately four shots were fired into the victim’s car, one shot hitting the victim and lodging in his heart and killing him. A car was heard to drive off immediately following the fourth shot. The gun used is estimated as a 30-30 calibre rifle by Dr. Harris of Crime Lab. Number of attackers and description of vehicle unknown. No conversation was heard. The shots were estimated to have come from a point on the hwy about 75 yards from the victim’s vehicle, indicating the attacker(s)’s vehicle was probably parked on the right shoulder of the hwy headed south in which direction the attacker’s vehicle departed at high speed. Another vehicle was following the attacker’s vehicle at about 1500 yards and may have contained a confederate or been coincidence. The shots were fired from north of the victim’s car, entering the victim’s car through the left front door’s window and the post immediately behind this door and leaving the car through the right side of the windshield and the right front door window. Victim’s car 49 Ply sdn lt green Ore lic 569-497 (’55).

SUSPECTS: KASPER (nmi) OVEROSS @ CAP, lives in northernmost cabin on the north side of 2nd St. at D St. in Silverton. 44 ysrs., 5’10”, 180, brown, blue. Has dk blue 50 Ford cch, Ore lic 1A118.

WEATHER CONDITIONS: Clear and cold (16 degrees). Ground dry and frozen.

LIST OF EXHIBITS: Savage 30-30 carbine model 340, no serial number, bolt action, marked by writer with RWD on wood inside clip hole. Sent to crime lab for comparison with slugs recovered from body and car of victim. Obtained gun from VIRGIL HUDDLESTON at his retail lumber yard on hwy 213 one mile west of Silverton. The above mentioned gun was fired by the suspect, Oveross, in company of HUDDLESTON on the morning of 17 Feb 55 and was, according to Huddleston, in the possession of Huddleston or locked in his lbr yard office from the time of the practise firing at the lbr yard until turned over to Sheriff Young, who gave receipt, and writer at 2 p.m. on 18 Feb 55.

One empty 30-30 shell found in jacket pocket of suspect’s jacket. Found by and in possession of Sheriff Young.

Spent slug found in the body of the victim. Found by Dr. Harris in autopsy and in his possession.

Spent slug found in the victim’s car on the front seat. Found by Dr. Harris and in his possession.

Photographs of the victim, his vehicle, the bullet holes and the scene of the crime taken by Mr. Prouty of the Crime Lab and in his possession.

ACTION TAKEN: On 18 Feb 55 at 12:35 a.m. The writer was directed by Officer Mekkers, on desk duty at Salem patrol office, to proceed to Rt 3, Box 115W, Silverton and contact Sheriff Denver Young and assist in investigation of murder of this victim.

At 1:10 a.m. On same date the writer contacted Sheriff Young and was advised by Young that at 10:45 p.m. On 17 Feb 55 the witness KELLERHALS, immediately after the crime occurred, contacted HARVEY KASER [EK_NOTE: not HARVEY, but rather MELVIN], brother of victim, who lives in the first house south of the victim’s house. HARVEY KASER phoned Constable DePeel at Silverton and at 11 p.m. Constable DePeel advised the Sheriff’s Office at Salem of the crime. Salem patrol office was advised at 12:30 a.m. On the 18th of Feb 55.

The writer accompanied Sheriff Young from 1:10 a.m. Until 3:30 p.m. on the 18th of Feb 55 in the investigation of this case and the writer was acting at all times as an observer though Sheriff Young discussed the case with writer from time to time and requested suggestions.

At 1:45 a.m. on 18 Feb 55 the suspect was located at his home and on the suspect’s invitation the home and car of suspect were searched and the suspect was interrogated at his residence and at the Sheriff’s Office, Salem. Suspect voluntarily accompanied the Sheriff until about 11 a.m. the 18th when he was returned to his home by a Sheriff’s Deputy. The suspect was interrogated intermittently during most of this time and he refused to make a statement without his attorney.

Suspect said that he had spent the entire evening in Silverton at two taverns. Check with those taverns where suspect is very well known revealed he had left one at 9:30 p.m. And had not entered the other until 12:45 a.m. 18 Feb 55. Suspect, when confronted with this, still maintained he was in the taverns. Check of the taverns was made by Silverton PD members and Sheriff’s deputies.

Suspect stated that he had practise-fired a 30-30 with VIRGEL HUDDLESTON on the morning of the 17th of Feb 55. Check with Huddleston by Sheriff Young and the writer confirmed this and the 30-30 was obtained from Huddleston for comparison purposes as described in LIST OF EXHIBITS.

Marion County District Attorney KENNETH BROWN was at the scene of the crime when the writer arrived and he was with the Sheriff intermittently throughout the night and next day. DA Brown requested Dr. Harris of Crime Lab to make the check of the vehicle and autopsy of victim. Dr. Harris requested that Bureau of Identification and Investigation dispatch someone to check for fingerprints on the victim’s vehicle and to take photographs. Lt. Louis Johnson of the Bureau searched for fingerprints and the Crime Lab’s Mr. Prouty took the photographs desired by Dr. Harris.

Sheriff Young and writer contacted the ex-wife of the suspect and his daughter Colleen, 19 yrs., and Colleen’s boy-friend DANIEL JAMES GILHAM, 19 yrs, Rt 5, Box 417, Salem. All three of these persons and the two brothers-in-law of the suspect, HENRY CONRAD ANUNDSON, Rt 1, Box 290, Silverton and a Mr. SCHUBERT of N. Howell, advised the suspect has a 30-30 carbine. The suspect denied that he has or has had a 30-30 carbine. He stated that he had a 32-20 but sold it three years ago which was confirmed by all the above.

COLLEEN MARTIE OVEROSS, 19, daughter of the suspect and DANIEL JAMES GILHAM stated that the suspect visited Colleen and Dan at the home of suspect’s ex-wife, 1/2 mile south of the victim’s residence, from 8 p.m. Until 8:20 or 8:30 p.m. on the 17th of Feb 55. The suspect denied this and stated that he had not seen his daughter since the morning of the 17th in Silverton when he repaired the bumper on her 36 Chev sdn.

The numerous other contacts of neighbors and relatives of the victim and others revealed no new information.

Sheriff Young and writer searched the roads south from the crime scene and other side roads in the area for the gun used in the crime.

The ex-wife of the suspect [EK_NOTE: Ethel Oveross] stated that she was with the victim on the 17th of Feb 55 from early in the evening until a few minutes before his murder. She stated that they had met north of Silverton in separate cars and that they continued on in the victim’s car until just before they returned home. They drove home in separate cars. She stated that this was a common occurrence since her divorce.

On 19 Feb 55 the writer contacted SAMUEL P. MATHENY at his farm on Rt 2, Aurora, located in Clackamas County, the first farm north of the Clackamas-Marion County line on the Aurora-Wilsonville old hwy. Matheny advised that the suspect works for him as a carpenter, presently building a barn. On the 17th of Feb 55 the suspect left work at noon stating that he had overdrawn his bank account and had to go straighten up the problem. The suspect had not been back at work from then until the time of the contact by writer at 7:15 p.m. on 19 Feb. Sam Matheny advised that he likes the suspect very much and he is a good worker. Sam said he had heard of the murder and that the suspect was suspected but Sam said he didn’t think the suspect would do such a thing. SAM said that his son ROBERT MATHENY knew the suspect better than Sam did and said he would have his son contact the Salem patrol office and give what information he could on the suspect. Sam also suggested talking to LESLIE GROZER or GRAZER who lives at the old Ben Eppers place right behind the overpass under construction near Donald. GROZER works as a carpenter with the suspect and was the last one to talk to the suspect when he left at noon on the 17th. As my instructions were to only contact Sam Matheny no attempt was made to contact GROZER. The information was given to Sgt. Huffman at Salem patrol office. ROBERT MATHENY is living alone on the Sam Matheny place located on the ridge road, the first place behind the abandoned service station on hwy to Silver Falls from Shaw. He has a Silverton phone listed under name of Sam Matheny. He is gone most of the day driving a log truck.

All of the interrogation of witnesses and others (except Sam Matheny) listed or referred to above was by Sheriff Young. Attempt is only made to give the gist of these interrogations which were pertinent.

Officer Lloyd Reigel was dispatched to the scene early in the morning of the 18th and he accompanied Deputy Sheriff John Zabinski in attempting to obtain information on the gun owned by the suspect by contacting friends and hunting partners of the suspect. See his report.

WITNESSES: MR. & MRS. EMMANUEL KELLERSTAD, Across hwy from victim’s residence. Can testify to the fact of 4 shots being fired from a point near their driveway having heard the first shot and seen the muzzle blasts and heard the last 3 shots. They can testify as to the time of the crime, the hearing of a door slam, the finding of the body and bullet holes in car and notification of victim’s brother HARVEY KASER, next door neighbor of victim.

STATEMENTS OF SUSPECT: KASPER (NMI) OVEROSS, suspect, refused to make a complete statement of his activities the night of the murder. He did state that he had spent the entire evening in two taverns in Silverton which has been disproved by bartenders and customers of the taverns, according to Silverton PD and deputies. No contact of these persons was made by the writer or by Sheriff Young while accompanied by writer.

OVEROSS also stated that he had not been in the vicinity of the scene of the crime during the day or night of the 17th of Feb 55 but his daughter COLLEEN MARIE OVEROSS and her boy friend DANIEL JAMES GILHAM stated that OVEROSS visited his daughter Colleen from 8 p.m. to 8:20 or 8:30 p.m. on the night of the murder at the residnece of COLLEEN and her mother, the ex-Mrs. Kaser Oveross, which is located about 1/2 mile south of the scene of the crime.

OVEROSS also stated that he does not have and has not recently had a rifle. His ex-wife, his daughter Colleen, DANIEL JAMES GILHAM, HENRY CONRAD ANUNDSON (brother-in-law of Oveross), and VIRGIL HUDDLESTON all stated that OVEROSS has a 30-30 carbine thought to be a Winchester.

SUMMARY: About 10:45 p.m. on 17 Feb 55 ERVIN OREN KASER was shot to death while he was sitting in his car in the driveway of his home at Rt 3, Box 115W, Silverton, which is about 2 miles south of Silverton on Stayton hwy. The neighbor across the hwy heard the 4 shots and saw the muzzle blast of the last three shots. A car drove away immediately after the shots headed south on the hwy toward Stayton. The car and occupants could not be described. The deceased has been keeping company with the ex-wife of KASPER OVEROSS and was named in the divorce proceedings by Oveross against his wife. The deceased was with the ex-wife of OVEROSS the night of the crime until a few minutes before the shooting. Oveross has made statements found to be false as to his activities on the night of the crime and as to his having a 30-30 rifle.

Since this is a case being conducted by Sheriff Denver Young and the writer was dispatched to assist and not direct the investigation no recommendation, assistance desired or contemplated further action is listed here.

From the writer’s knowledge of the case at the present writing it is considered by the writer that the key to solving the case would be in attempting to enlist the aid of friends of KASPER OVEROSS to talk to OVEROSS in attempt to convince him of the advisability of confessing completely and accurately his actions on the night of the murder as OVEROSS refuses to further discuss the case, suggesting any questions be directed to his attorney, BRUCE WILLIAMS, who has also been retained by DANIEL JAMES GILHAM who also refuses to discuss the case and may be reached in the same manner.

The locating of the murder weapon or weapons is the only alternative apparent to the writer.

The writer is no longer assigned to the case and no further report will be made by writer unless directed to resume such activity.

Sheriff Denver Young:

After receiving the information on the above homicide (see original report 2/19/55) the writer proceeded immediately to Silverton Oregon where he picked up Chief of Police Main and then went immediately to Route 3 Box 115A which is about two hundred yards South of the Evergreen school on the left or eastern side of the roadway, known as the Silverton Stayton road.

Upon arrival we found Constable Harley DePeel of the Silverton District with two brothers of the victim, Harvey Kaser and Melvin Kaser and neighbor of them Emmanuel Kellerhals Jr.

The victims car a 1949 Plymouth sedan, Oregon license #569 497 was parked in the driveway leading to Ervin Kasers house and approximately 40 feet from the edge of the pavement. This driveway was apparently gravelled at the time of the building of the home but now consists of two tracks for the wheels and grass in between and on each side of the driveway. At the time of my arrival the car doors were closed and the windows were rolled up. Upon looking through the front window on the drivers side it was observed that what appeared to be a bullet hole had gone through the front left window on the left side and made an exit hole on the front windshield about midway on the right hand panel of glass and about 5” above the bottom. Another hole penetrated through the chrome strip just above the handle and through the door on the drivers side about an inch from the edge of the door itself. Two holes appeared in the frame of the rear door and on the hinged side. Two holes appeared in the right front windshield and one exit hole through the bottom of the right hand wind wing. Various nicks in the inside of the glass showed where fragments had damaged the glass. The body of Ervin O. Kaser lay towards the right hand side of the front seat facing upwards. Both feet were extended towards the foot pedals, lower part of his body from the waist down being on the floor of the car and from about the middle of his waist up lay on the seat. His head lay on the seat face up. A flashlight and a freshly opened pack of cigarettes lay on the seat and a spent bullet was visible laying on the seat near the intersection of the bottom cushion with the back of the front seat. In the rear seat was a sack of groceries.

First contact was made with Deputy Sheriff Boehringer who stated that on his arrival Constable was on the job and immediately after I arrived I radioed the office to have the State Police to send an officer to assist in the investigation. At 1:10 officer Robert Dunn arrived and was briefed on the situation.

Information from Chief Main that Casper (Cap) Oveross might possibly be the gunman as he had divorced his wife over Kaser and had been known to make threats on Kasers life. Writer asked Silverton car #30 to keep an eye out for Oveross and if located hold for questioning. Information on Oveross and his car was broadcast to all stations.

Mr. Emmanuel Kellerhals was contacted on the scene and he gave the following information (also see separate report and signed statement). He stated that he and his wife went to bed about 10:30 in the front bedroom of his home which is immediately across the road from Ervin O. Kasers. He had dropped off to sleep when he was awakened by what appeared to be a rifle shot. Both he and his wife jumped out of bed and looked out of the front window and across the street into Ervin’s driveway, but at this time there was three more shots and the attention of both of them was called to a place about fifty feet to the north where they saw the muzzle blasts of the three shots. They appeared to come from about car window height. They feel sure that the lights of the car from which the shots came were on at the time. Immediately thereafter this car stepped on the gas and left at very rapid speed towards the south. As the car passed their line of vision from the window they could tell that it was a dark colored car as the night was quite light and they judged that it was one of the lighter [EK_note: or LATER?] model cars. Both tail lights were on and quite widely spaced as on the later model cars. In kasers driveway they could see his car with the lights on. Both the head lights and the dome light inside the car were burning. They could not see Ervin Kaser so they both thought that he had gotten into the house. They went to the the kitchen and tried to call him on the phone and after several attempts they gave up and called his brother Melvin Kaser of Rt. 3 Box 114 and who is in the first house south of Kaser’s. Melvin Kaser stated that he called Constable DePeel and then went over to the car where he discovered his brothers body.

About this time it occurred to the writer that if the gunman went south and it should be Oveross he might be heading to his ex wifes home to injure her so in the company of Officer Dunn and Harvey Kaser we went to the Oveross residence at Rt. 3 Box 110 and approximately 3/4 miles south of the scene of the shooting. Mrs. Oveross was in bed but got up and let us into the house. When told by Harvey Kaser that Ervin was dead she let out a little cry but regained her composure almost at once. The writer asked her if she had seen Casper Oveross that night and she stated that she had not but called into the bedroom to some one else and asked if Casper had been out that evening and this person (later admitted by Colleen Oveross to have been her) stated that her father had been out from about ten minutes until eight to about eight thirty when he left.

We went back to the Ervin Kaser residence where we learned that Casper Oveross had returned to his cabin and the Silverton Police were standing by. Deputy Sheriff Amos Shaw, Chief of Police Main and the writer proceeded to Silverton in the Sheriffs car and State officer Dunn went in the State Police car. We drove to the Holland cabins where Oveross has been living since the divorce in cabin #6. The writer knocked on the door and after identifying ourselves as police officers he opened the door and invited us inside. He wanted to know what we wanted and appeared to have been drinking. He stated that if we were looking for marajuanna, he didn’t have any. The writer asked him to account for his whereabouts during the previous evening and he stated that he had spent the entire evening at Shortie’s Tavern and the Town House in Silverton. He was asked if he had been out earlier to see his daughter and he stated NO. When he was asked if we could look his cabin over he readily agreed. He was asked if he owned a rifle and he stated that he only had a shotgun that was standing in the corner of the room.

At this time the writer asked if he had any objection to the officers looking over his cabin and he replied “no go ahead, help yourself!” I saw Officer Painter take a small cardboard box from a cupboard over the drainboard and place it on the drainboard. A short time later I observed Officer Painter take something out of the box and place it in a paper bag on the kitchen talbe. He then told me that there were three 30-30 rifle shells in the bag. I went over and removed the shells and placed them in my coat pocket. These shells were brought to the Sheriffs office and marked “D” and were placed in a small box to forward to the crime laboratory. After Casper Oveross had given permission to search the cabin the writer walked over to the couch in the front room and picked up a blue green woolen shirt and from this shirt in one of the pockets I removed an empty 30-30 fired rifle shell. When Oveross saw me remove the shell from the pocket he remarked that that was not his shirt. He declined to say whose shirt it was. This shell was brought to the sheriffs office with the other three and marked for indentification. These were taken to the crime lab. By Deputy Sheriff Shaw and State officer Reigel.

At this time the writer asked Oveross to account for his time during the evening of 2/17/55 and he stated that he had spent the evening at the taverns. He was asked which taverns specifically and he stated that he had spent the entire evening at “Shortys” and the “Town House”, BUT COULD NOT or would not name any one who might have seen him there. He insisted that he had not been at any other place from about nine oclock until just before coming home at about 1:50 A.M. 2/18/55. He was then asked if he had been out to his daughters place earlier the previous evening and he stated No. He was insistant on this point even after telling him that both his daughter Colleen and her boy friend Daniel Gilham had stated that he was there from about 7:40 until about 8:20. he stated that the only time that he had seen his daughter the day before was down town when he had wired up the bumper of her car for her. He later stated that he did not see her but saw the car and had wired up the bumper.

Oveross was questioned about any guns that he might have owned at that time and he stated that he only owned a shot gun and that it was standing in the bed room. When asked to explain the empty 30-30 shell in the shirt pocket he stated that he and VIRGIL HUDDLESTON, had been doing some target practicing during the forenoon of 2/17/55 and that he had fired four shots and that this was one of the fired shells. (This was later confirmed by Huddleston.)

Before leaving the cabin Oveross was again asked about visiting his daughter and again he denied it. He was asked if his daughter would lie about it. He said “I just say that I was not there.” He also stated that he had not been out to his old home on the 17th or any place south of Silverton.

Further questions about being at the taverns brought only evasive answers except that at one time he said that he was only out of them long enough to go from one to the other and that did not take more than five minutes or so. He could not name any one who was in the taverns but stated that they all knew him. He stated that he had only had a few drinks during the night. The odor of liquor was apparent on his breath and during the time in the cabin he was extremely nervous and at times it was hard to follow the trend of the conversation.

He did say when being questioned about his gun, that the only rifle that he ever owned was a 32-20 which he had sold three or four years earlier. He talked of hunting but would not say with whom he had hunted or with what kind of rifle.

He was asked to accompany the writer and other officers to Salem where we could talk and he agreed quite readily.

After leaving the Oveross cabin with Chief Main and Deputy Shaw and Casper Oveross in my cvar and officer Dunn driving his car we went first to the residence of Virgil Huddleston on Pine street. He confirmed Oveross statement on the target shooting and stated that the gun used was a 30-30 Savage rifle that he was buying and that because of a sore shoulder he had asked Casper to test fire it for him. He stated that Oveross had fired four rounds, at a target in the lumber yard. We went to the lumber yard and checked through the window and determined that the rifle was still in the office. From there we drove to the Ervin Kaser residence but were only there a short time and then proceeded to the Sheriffs Office.

We arrived at the Sheriffs office at 3:30 A.M. February 18, 1955 and State Officer Dunn, Deputy Shaw and Chief of Police Main attempted to interrogate Oveross. He was very reluctant to answer any questions stating that any questions would have to be answered by his Attorney Norman Winslow.

He did say in reference to the shooting of Ervin Kaser that he was not mad at him any more. That he had broken up his home but if he had wanted to kill him he would have done it before this time. He stated that he knew that his ex-wife had been running around with Kaser but that two or three other men had as much reason to kill him as he did. He stated that his daughter Colleen had been the one who had advised him that his wife was running around with Kaser and that at the request of Oveross had told him when his wife was out with Kaser so that he could get witnesses to the occasions. Oveross related one incident where he, DePeel and Silverton officer (deceased) Jackson laid out in a field all night in order to watch Kaser call at the Oveross house, while Kaser was there. [EK_NOTE: I wish there were questioning of Silverton Officer DePeel regarding how it came about that two Silverton police officers were lying in a field with Oveross watching his divorced wife’s house, but there seems to be no record of them asking Officer DePeel about this.  But it certainly explains why the police latched onto Casper Oveross as the suspect so quickly.  His marital problems appear to have been well known.]

Oveross was questioned about any other persons who might have a grudge against Kaser and he would not name any one. He further stated that he had a friend who was doing ninety-nine years for killing his wife and that he didn’t think that it would be worth it. He refused to say who his friend was that was in the penitentiary. During the period which we spent at the sheriffs office Oveross was at one minute friendly then immediately his conversation would switch to something entirely unrelated to the subject.

At 6:00 AM we left with the subject for Silverton and dropped Chief Main off at about 6:30. From Silverton we proceeded to the Ed Schubert residence Route 2 Box 217 Silverton.

As we approached the house Ed Schubert came out towards the car and Officer Dunn and I met him and asked to go into the house and talk to him. He agreed and we went into the kitchen. Present in the kitchen was Henry Anundson, brother-in-law of Oveross, Danny Gilham, boyfriend of Colleen Oveross, and Mrs. Ed (Ruth) Schubert.

Each one was asked if they had seen Casper Oveross during the previous night and both of the Schuberts and Henry Anundson stated that they had not seen Casper at any time during the night. Daniel Gilham stated that he had been at the Oveross Residence from about 7:30 until 10:30 the previous evening and that at about 7:40 Casper Oveross had come out to the house and had stayed until about 8:20 when he left. Henry Anundson was then asked if he knew as to whether Casper Oveross owned a rifle. He stated without any hesitation, yes. He was then asked as to what kind of a rifle and he replied, “a 30-30 carbine”. Mr. & Mrs. Schubert were asked if Casper owned a rifle and if they knew the type and they stated that they did not know if he owned a rifle or not.

After leaving the Schubert residence the writer asked Oveross if he would accompany us to the Kaser residence and he agreed, however before leaving Silverton we had breakfast in Toneys Tavern which I paid for personally.

We went to the Kaser residence at Rt. 3 Box 115A and while Deputy Shaw stayed in the car the writer talked to Deputy Boehringer and instructed him to stay at the scene until relieved. The body had been removed and we were only there a few minutes.

Oveross accompanied us to his former residence where we made a brief search for a gun without success.

At approximately 10:00 A.M. February 18, 1955, the writer instructed Deputy Sheriff Shaw to take Oveross home, which he did.

At approximately 10:10 A.M. District Attorney Brown, Officer Dunn and the writer entered the Kaser residence to attempt to find something that might shed some light on Kasers death. The house was very poorly furnished and in a pretty well cluttered condition, typical of a bachelor housekeeper. Papers were cluttered in a desk and on the dining room table however not to indicated that anything had been prowled. In the clothes closet near the front door we found a 30-30 Cal Marlin rifle, Ser #G 10704. Examination showed that there was one cartridge in the chamber, but no further examination was made to determine as to how many shells might have been in the magazine. Gun was left in closet as it was decided that it could not have been the gun involved in the shooting.

At approx. 11:20 A.M. Officer Dunn and I contacted Ethel Oveross at her residence at Rt. 3, Box ?. She stated that she had been with Ervin Kaser during the previous evening. She stated that she had met him about two miles north of Silverton after she had called him and made the date. She met him about 8:00 P.M. and was with him until about 10:20 when he returned her to her own car and she drove home. She came in to town by way of James street and did not see Ervin again. On a later interview Mrs. Oveross stated that as they were returning to her car they observed another car coming toward them just before they came to the turn leading to the bridge. Ervin slowed down to let the other car get ahead of him and then followed it for about a mile until he was sure that it was not Oveross before he turned around and took Ethel back to her car.

She stated that she had heard the shots but thought nothing of them until the officers arrived.

At 1:30 contacted Mrs. Harvey (Edith) Kaser, re: threats of Casper Oveross towards Ervin Kaser. (See statement of Mrs Edith Kaser, also Harvey Kaser.) Mrs. Kaser is the twin sister of Ethel Oveross.

2:00 P.M. received information from Herman Doney that Oveross was supposed to have been around his ex-wife’s home some time during 2/17/55.

Balance of day spent in trying to locate spent bullets and at scene.

[Small section covering future days removed to be placed more properly in the chronological sequence]

Marion County Sheriff’s Deputy Amos O. Shaw:

At 11:40 PM, 2-17-55 Writer was contacted at home by phone and directed to get down to the Office immediately.

T.O.D. [EK_NOTE: Time of Departure, I presume]

At 11:51 PM, 2-17-55 Writer was met by Deputy Sheriff Zabinski, and taking police camera, and lights available we left the office for vicinity of the Evergreen School on highway between Silverton & Stayton, to meet the Sheriff and assist on a reported homicide investigation. Shaw in Car 2

T.O.A. [EK_NOTE: Time of Arrival, I presume]

At 12:15 AM, 2-18-55 Writer arrived at the Evergreen School and proceeded to scene of considerable activity at the home of Ervin Oren Kaser, a short distance south of the Evergreen School.

PLACE

Scene of death was a farm consisting of the ten acres of cultivated ground. Farm consists of a two bedroom modern home that faces west onto the hard top high way that runs north and south between Silverton Oregon and Stayton Oregon.

The immediate scene of the death appeared to be in a 1949 model green Plymouth sedan bearing Oregon license plates number 569-497. The vehicle was sitting in gravel driveway, car facing east. Vehicle was approximately 30 to 40 feet from highway. To the south of vehicle is a field with strawberry plants in rows running east and west. Bordering the strawberry patch on south of Ervin Kaser home is the home of a brother of deceased, Melvin Kaser, 38 years of age. Address Route 3 Box 109 Silverton, Oregon. To the north of Ervin Kaser residence is an open field joined by Mr. Ervin Peer property. The Ervin Peer residence is roughly 600 yards from Ervin Kaser residence.

Across the highway approximately 150 feet from the house of victim is the residence and property of Emanuel Kellerhals Jr. 48 yrs. The house of Mr. Kellerhals fronts onto the highway facing east and almost directly facing the Ervin Kaser house. Windows from one bedroom and living room at the Kellerhals home faces the highway.

Most of property surrounding area is similar to most farming communities, with an occasional fence, livestock and poultry.

CRIME:

Upon arrival at scene writer went directly to vehicle that was parked and was the center of attraction. Writer noticed that both the interior lights and the headlights and the tail lights were illuminated. Coming up to the driver’s side of the vehicle, writer noticed the windows were rolled up on the vehicle and small hole was visible in the window on drivers side of vehicle. Also plainly visible were 3 other similar type holes in the door post on driver side of vehicle. Vehicle is a 4 door sedan and the door post with holes is on the drivers side between the front seat and rear seat doors. Inside the vehicle writer noticed an unknown (to writer) subject in a slightly reclining position, with the head and shoulders to right of steering wheel and feet extending under the steering column, close to the foot pedals. Body was with back to seat, and hat was partially covering right side of face. Left side of face was visible. No open wounds were noticed by writer, however streaks and what appeared to be splotches of blood or similar appearing substance was noted on face.

On passenger side of vehicle was noted several glass perforations, exact location not noted. Inside of vehicle on rear seat was noted a rather large paper sack with what appeared to be groceries sticking out of the top. This paper sack was on drivers side of vehicle in rear.

Vehicle was not opened by writer, nor in writer’s presence. All windows were closed in vehicle.

No firearm or similar type weapon was noted anywhere about vehicle.

OFFICERS PRESENT:

Officers present upon officer’s arrival, as nearly as can be recalled, is as follows: #1-SHERIFF OF MARION COUNTY, DENVER YOUNG. #2-RICHARD BOEHRINGER, MARION COUNTY DEPUTY SHERIFF. #3-CHIEF OF POLICE (BUCK) MAIN, SILVERTON POLICE DEPARTMENT. #4-HARLEY DE-PEEL, CONSTABLE, SILVERTON DISTRICT.

CITIZEN’S PRESENT:

The following citizens were present upon officer’s 1st. Arrival. #1-MELVIN KASER (LATER IDENTIFIED HIMSELF TO WRITER AS BROTHER OF DECEASED) #2-EMANUEL KELLERHALS (LATER IDENTIFIED HIMSELF TO WRITER AS NEIGHBOR TO DECEASED). (NOTE: IT IS POSSIBLE THAT OTHER PERSONS WERE PRESENT HOWEVER NOT OBSERVED BY WRITER UPON ARRIVAL)

WEATHER CONDITIONS:

Upon officer’s arrival at scene, the sky was clear, area was illuminated by a bright moon, and lights from parked vehicles. It was freezing on this particular night, and ground was frozen. (NOTE: This wasn’t a full moon but writer was under the impression that the moon was shining, and was fairly light out.)

ACTIVITIES OF OFFICER:

Upon arrival a considerable amount of the ground work had been started, and writer assisted in making a crime scene search for any spent bullets and other physical evidence present.

A brief interrogation was made of Melvin Kaser, brother of deceased, whom stated as follows:

I am Melvin Kaser, 38 yrs. old, address Rt 3 Box 114 Silverton. My property joins my brother Ervin Kaser on the south. I retired about 9:15 PM or 9:30 PM 2-17-55, and at about 11:00 PM my neighbor Kellerhals called on the phone and said, “I heard Ervin car drive in and heard some shots.” Melvin stated the first thing he did was to call Harley De-Peel, Constable in Silverton District.

A brief interrogation was made of Emanuel Kellerhals Jr. 48 yrs. of age, address Rt 3. Property and house is just across the road from deceased. He reports he had not seen deceased all day but car of deceased was in the driveay at 10:00 AM 2-17-55. Late that evening heard car drive up fast and turn in driveway, (Mr. Kellerhals and wife were in bed at time) also heard another car drive up and stop, heard a car door slam (Mrs. Kellerhals thought it must be cold outside and Ervin is in a hurry.) Almost immediately after hearing door slam heard one shot fired. Both Mr. & Mrs. Kellerhals got out of bed and heard and saw the muzzle blasts of 3 more shots closely on the first. (Mr. Kellerhals said the shots were about as fast as one could lever in another shell.)

Writer accompanied by Sheriff Young, Dick Boehringer, noticed a light on in the house. We went up and tried the front door which was found to be locked. Dick produced a skeleton key from somewhere and we went around to the back door and after a little difficulty got it unlocked. We were looking around in the house and found nothing of consequence to the investigation. When we were still in the house Coroner Howell came in the house. Also “2” brothers and a lady whom identified herself as a sister of deceased all came in. To this officers opinion nothing was removed from the house.

DEPARTURE FROM SCENE

At approximately 1:42 AM we were notified that Casper Oveross had returned home and the Sheriff’s orders were awaited. Writer (Deputy Amos Shaw) and Sheriff Denver Young, and Robert Dunn (State Police), and Chief Main Silverton, proceeded to Silverton, and went directly to Cabin No. 5 Hollan Cabins, located on 2nd. And D street. We left the car there and walked up to Cabin No. 6 occupied by Mr. Casper Arnold Oveross. Sheriff Young knocked on the door at approximately 1:55 AM 2-18-55. Oveross come to the door and asked us in after we identified ourselves. After gaining entry we asked for permission to look the place over. Mr. Oveross replied by saying “help yourself.” Sheriff Young asked him if he had a 30-30 rifle? To which he replied, “No. I have a shotgun in there,” and pointed into the bed room. The shot gun was observed leaning up against the wall, north end of room, between shower and bed. Chief Main picked the gun up and opened the breech. In the barrel was a live 12 guage shot gun shell, which the Dhief showed to the writer of this report.

Writer was also present when some 30-caliber cartridges were found in a cigarette carton placed in the cupboard above stove.

Writer was also present when Sheriff Young picked up a blue plaid jacket off davenport in main room and found a spent cartridge in one of the pockets. The owner of house seen the cartridge removed and said he and Rusty Huddleston had been out by the saw mill and target practiced and he had shot 4 shots at the target.

Subject stated several times, “What are you boys looking for, marijuana?”

Writer overheard one of the officers present ask Oveross where he had spent evening, and he said, “I just come from the Town House.” Upon being questioned further, stated he had spent the entire evening at the Shorty’s Tavern and Town House.

Before leaving Sheriff Young said, “We would like to talk with you and would you mind coming down to the office with us. I believe we can talk better there.” And Casper Oveross replied, “If it’s marijuana you want I don’t know anything about it.” And Sheriff Young replied, “No, it’s not that I just want to talk to you.” And Casper replied, “All right.”

Casper Oveross started to put on the blue plaid blouse laying on the davenport and said, “That’s not my blouse,” and reached over and took one from closet. Chief Main said, “Well, why don’t you take your own blouse?” and referred to the blue plaid one on the daveno, to which Casper replied, “No, I will wear this one, it’s clearner.”

2:20 AM Left cabin with Casper Oveross whom insisted on locking up his car which he did.

2:25 AM 2-18-55 At Virgil Huddleston home and stand by while Sheriff and Dunn of State Police and Chief Main got out of the car and talked to Mr. Huddleston.

2:35 AM Leave Huddleston residence and proceed to saw mill where target shooting took place, according to statement of Casper Oveross. I stayed in car.

2:45 AM 2-18-55 Arrive at saw mill southwest of Silverton. Stayed in car while other officers checked area.

2:50 AM Leave for Ervin Kaser home.

3:00 AM Arrive at Ervin Kaser home (Rt 3 Box 115 A Silverton). Chief Main stayed in the car with Casper Oveross. On way out writer overheard Casper Oveross remarking as to whom lived at the various places on way out.

We stayed in area about 10 minutes, and I assisted in searching area for spent slugs, finding nothing. Very little questioning of suspect up to this time.

3:30 AM Arrive at Salem. Casper Oveross was questioned by Sheriff Young, State Officer Dunn, Chief Main, and Writer. Subject wouldn’t admit to owning a 30-30 rifle, nor having been in the vicinity of murder.

6:00 AM 2-18-55 Leave for Silverton with Casper Oveross.

6:30 AM Leave Chief Main off at Silverton.

6:40 AM Back at Ervin Kaser home. Doctor Harris from State Crime Lab was there and his assistant. Also an Officer from State Identification Bureau was on the scene. Sheriff left instructions for Officer Boehringer, and we left for the Schubert residence at Central Howell. Writer stayed in vehicle. Left there for Silverton.

10:00 AM 2-18-55 At approximately this time writer took Casper Oveross home and let him out.

12:00 PM Writer was advised to go home and get some rest so as to be able to relieve some of the other Deputies working on the case.

NOTE: THIS CONCLUDES THE FIRST TOUR OF DUTY OF DEPUTY AMOS O SHAW, WRITER, AND ASSISTANT IN THE INVESTIGATION. REST OF REPORTS ARE IN TRANSCRIBED NOTES TAKEN FROM NOTE BOOK.

State Police Private Robert W. Dunn notes of the interview with Caspar Oveross:

STATEMENTS BY SUSPECT KASPER OVEROSS:

The following statements were made by KASPER (nmi) OVEROSS between 1:30 a.m. And 7 a.m. On the 18th of Feb 55 in the cabin residence of Oveross and in the Sheriff’s Office at Salem and in the car of Sheriff Denver Young. All the statements were made in the presence of the writer and most were made in the presence of Sheriff Denvery Young. Deputy Sheriff Shaw and Silverton PD Chief Buck Main were present at the time of most of the statements. The interrogation took place while the suspect was with us voluntarily. The suspect was not under arrest but agreed to accompany the Sheriff for the purpose of helping to determine who killed ERVIN OREN KASER. During the entire period of questioning the suspect was evasive in his answers, vague as to times and places, inconsistent as to his actions and feelings, and could not or would not keep on one subject even a subject of his own choice such as his hobbies, occupations or interests. His mood would change from one of extreme friendliness and co-operation to extreme antagonism even on subjects of his own choice and particularly on the subject of his activities on the day and night of the 17th of Feb 55. At times his words were unintelligible to all of us as his mind seemed to be wandering off his conversation. The entire conversation or interrogation would not have consumed thirty minutes with a coherent person of average intelligence and a small amount of co-operation.

OVEROSS said that he spent the entire day in the City of Silverton on the 17th of Feb 55. He said that about 9:30 a.m. On the 17th he, with VIRGEL HUDDLESTON, had fired a 30-30 rifle at a target on a pile of lumber at HUDDLESTON’S LUMBER YARD. He later changed the time to later in the morning closer to noon.

OVEROSS said that the only time he had seen his daughter COLLEEN MARIE OVEROSS on the 17th and 18th of FEB 55 was late in the morning of the 17th when he wired up the bumper on her 36 Chev in the City of Silverton in front of a grocery store. At another time he said that he did not see her but had noticed her car in front of the grocery store and had wired up the bumper and gone on without seeing his daughter. He later changed the time to 5:30 p.m. and said that he saw his daughter and that he didn’t see her. He denied seeing his daughter at her home located one-half mile south of the scene of the crime at any time during the 17th of Feb or 18th of Feb 55. He did not change this story at any time and when confronted with the fact that his daughter COLLEEN said he had visitted her at her home on the 17th about 8 p.m. until 8:20 or 8:30 p.m. and that DANIEL JAMES GILHAM, his daughter’s boy friend, confirmed COLLEEN’S story he still maintained that he had not been there. When we asked him if he considered his daughter a liar he merely said he had not been there. He flatly denied having been anywhere near the vicinity of the scene of the crime on the 17th and consistenly maintained that he had not been out of Silverton on the 17th, and particularly that he had not been south of Silverton on the 17th.

OVEROSS consistently maintained that he had spent all of the evening of the 17th of Feb 55 in TOWN TAVERN and SHORTY’S TAVERN in Silverton from very early in the evening until about 1:30 a.m. On the 18th when he went home. He consistently stated that during the hours of 9 p.m. until 11:30 p.m. on the 17th that he was in one or the other of the two mentioned taverns though he never stated which one he was in at the mentioned times nor when he left one and went to the other. He said that he went from one tavern directly to the other and that it was only less than 5 minutes that he was not in one tavern or the other. He said that he was well known in both taverns and that the bartenders and customers would verify his story. He could not mention the name of one person who was a customer in either tavern who would remember that he was there at the times stated by him. He said that everyone in the taverns knew him but he didn’t name any of them. He said he could not remember the names of any of the customers at the taverns. He said he did not get drunk on the night of the 17th and that he never did get drunk and asked Chief Main if that was not so. He said that he had only had a few drinks during the entire evening and that he had not had enough to get anyone drunk and that the bartenders and customers would confirm this.

OVEROSS said that he had not had a rifle since he sold his 32-20 about 3 years ago. He would not say to whom he had sold the 32-20. He said he went hunting often but would not say with whom he had hunted nor with what rifle. He spoke of shooting deer within the past three years since he had sold his 32-20 but would not say what kind of rifle he had used. He discussed at length the proper way to prepare hamburger from venison and that he had prepared some this fall from a deer he had killed but still could not or would not say with whom he had hunted or what kind of rifle had been used.

OVEROSS said that three years ago he was angry at ERVIN OREN KASER but if he had wanted to kill ERVIN he would have done so 3 years ago when ERVIN had broken up OVEROSS’S marriage by running around with OVEROSS’S wife. OVEROSS stated that the reason he had divorced his wife was because she was running around with ERVIN KASER and that he had lots of witnesses to this fact including Constable DePeel and the murdered Silverton PD Officer Jackson. OVEROSS said that his best witness was JACKSON. OVEROSS said that he had never had it in his mind to kill ERVIN KASER and that he did not have any animosity toward ERVIN at the present time and that he never had had since the time OVEROSS filed for divorce. OVEROSS said that all the past trouble with KASER was water under the bridge as far as OVEROSS is concerned. OVEROSS said that several other husbands in the Silverton area had as much reason as OVEROSS to kill KASER as KASER was running around with other women besides OVERSS’S ex-wife. OVEROSS would not mention who these other husbands or wives were. OVEROSS said that he knew his ex-wife was running around with at least three other men besides KASER but OVEROSS would not name them. OVEROSS said that what his ex-wife did was none of his (OVERSS’S) business as they were completely through and that the only time he saw his ex-wife was when he visitted his two daughters who live with his ex-wife at the farm where OVEROSS formerly lived just south of the scene of the crime. OVEROSS stated that his daughter COLLEEN had been the person who advised OVEROSS that his wife was running around with ERVIN KASER and that his daughter COLLEEN had, at the request of OVEROSS, notified OVEROSS when his wife went out with ERVIN KASER so that OVEROSS could get witnesses to the fact that his wife was seeing KASER. OVEROSS said that he arranged for JACKSON and DE PEEL and others to witness the meeting of his wife and KASER and detailed one time when KASER spent a night at OVEROSS’S home and that JACKSON and DE PEEL and OVEROSS observed this from a field nearby. OVEROSS said that this was the only grounds he had for seeking a divorce, that he still thinks his ex-wife is the best woman in the world and that he would probably never marry any other woman as none could compare to his ex-wife. He said he would not re-marry his ex-wife because they could never be happy since OVEROSS found out about her running around with KASER.

County Sheriff’s Deputy Amos O. Shaw tended to be much more brief in his reports than the State Police officers (excepting the unusually thorough report written about his initial activities on the night of Feb 17-18). Sheriff Denver Young appears to fall somewhere between the two. In reading the accounts from the various investigators (those three being the primary leads) I get a distinct visual image of Officer Riegel as being more highly educated and trained, a professional, with Deputy Shaw being more like the stereotypical “street cop” or “private eye,” street-wise and smart, but much more a “blue-collar working stiff,” and Sheriff Young in between them, having worked his way up from the ranks to a more professional position, but still not quite at the level of the State Police. State Police Seargent Wayne Huffman, who also contributed a lot of hours to the investigation, is similar to Officer Riegel in the thoroughness of his reports.

After spending most of the night and part of the morning with the immediate events after the murder, Deputy Shaw appears to have taken a few hours for sleep, then came back on duty about 3:45pm on Friday, the day after the murder. He received instructions for the remainder of the day from Sheriff Young, then at about 4:30pm left for Silverton to meet with Sheriff’s Deputy John Zabinski and State Officer Riegel at the Silverton Police Department. Zabinski and Riegel had been working together since 6:00am that morning. Shaw and Riegel spent the rest of the day together. Contrast Deputy Shaw’s account with Officer’s Riegel’s account of the same time period.

Sheriff’s Deputy Amos O. Shaw:

4:30 PM: Leave for Silverton, to meet Deputy Zabinski, and State Officer Lloyd Riegel, at Silverton Police Department.

5:27 PM: In service with car #2 with State Police Officer Lloyd Riegel.

5:33 PM: Contact Mrs. George Hopkins, Cabin No. 5 at Hollin’s Cabins, Silverton. No information taken down at this time will contact later.

6:05 PM: Contact FRANK SEXTON at Rte. 5 Box 415, Salem, whom stated that young Gilham was owner of rifle. Heard a car drive by his house at approx. 10:30 PM 2-17-55.

6:15 PM: Contact J.W. Gilham, father of Danny Gilham. Will cooperate and provide rifle tomorrow. Son is extremely nervous and uncooperative. Advised us to contact Bruce Williams, his Attorney, for information. Father stated he went to bed about 9:30 PM 2-17-55, son was away from home. He had gone to sleep and heard son come in later. (Was heard by wife Mrs. Gilham, not Father) not sure of time. Mr. Gilham further stated his son has a 30-30 caliber carbine, and would give us the gun tomorrow to send into the Crime Lab. Would rather give it to us when son is away from home.

6:45 PM: In Silverton

6:55 PM: Contacted by Painter, Silverton, regarding a gun smith to check with, Al Foster works for Eastman Furnace, is local gun smith, and may have done some work on Oveross rifle. Lives right next to PGE power plant on McLain St.

7:15 PM: Learn that Bill Speck or brother of Bill is close friend of Oveross and should be contacted.

7:25 PM: Contact Al Foster, 506 McLain, gun smith. Never worked on Oveross rifle.

7:40 PM: Contact Bill Jones, Silverton regarding any knowledge on case. No information available.

8:15 PM: Contact Edgar Hobert, Silverton, 4 houses on right after turn by Burians. Subject is cooperative, knows family history of Oveross.

8:35 PM: Contact home of Hank Davenport, Silverton.

9:10 PM: At McLaughlin School, talk with Hank Davenport. Will cooperate and pass on information.

9:40 PM At Shorty’s Tavern, Kiefer interviewed, whom stated that Rodney Oster talked to Oveross shortly before they left the tavern. (Referring to Casper Oveross)

10:05 PM Contact Rodney Oster, 115 North James St. Silverton, known Casper Oveross all his life. Saw Casper in Shorty Tavern. Saw Casper in Shorty Tavern. And saw Casper leave about 9:50 PM 2-17-55. Casper talked about his family troubles, and ex-wife at lodge meeting, but he said I suppose they are together. Also mentioned that he had a friend at Oregon State Pen. drawing 99 years for killing wife. Casper left Shorty’s Tavern before Mr. Oster, and wife Margaret Oster. Oster left Shorty’s Tavern about 10:15 PM, or 10:30 PM 2-17-55. Went directly into the bar at the Town House. Around 10:30 PM 17th and sat at the bar. Was at the bar until about 12:30 AM 2-18-55 and never saw Casper in the place at any time. The bar wasn’t crowded, and if Casper had been in the Town House bar he would have been seen according to Rodney Oster. Mrs. Oster had to go to the bathroom twice and to do this had to pass thru the cafe. Didn’t see Casper in the cafe at any time. The first time she went to rest room, four people were in cafe. A young man and a girl, one one side, and two girls on other side.

11:00 PM Contact Marion County car 4, and Dick Boehringer will get interview from George Hopkins. Cabin 5 Hollin Court, Silverton.

11:40 PM Off duty at home

State Police Private Loyd T. Riegel (excerpt repeated from The Murder-Part 1 for comparison):

Deputy Sheriff Shaw and this officer got together at the Silverton city police station at 5:30 P.M. on February 18, 1955 and compared notes and information previously obtained. At this time it was decided that George Hopkins who lived in the adjoining cabin to Casper Oveross would be the next subject to contact relative to any guns or ammunition owned by Casper Oveross. The Hopkins cabin was contacted and it was learned that Mr. Hopkins had not returned from work; however, Mrs. Hopkins related the information that some time shortly after 9:00 P.M. On February 17, 1955 she heard a vehicle drive up at the Oveross apartment. A man got out and went in the apartment, stayed for a short time, came out and got in his car and left. Mrs. Hopkins stated that she was unable to state whether this man was Casper Oveross or some other man. Mrs. Hopkins stayed up quite late that evening and she stated that she did not hear anybody return to the apartment before she went to bed near midnight. Deputy Shaw and the writer then proceeded to the area near the Daniel James Gilham residence, Rt. 5, Box 417, Salem, Oregon, Waldo Hills area.

At the entrance to the lane leading to the Gilham residence a Mr. Frank Sexton, Rt. 5, Box 418 was contacted. Mr. Sexton’s house sets at the intersection of the Gilham lane and the extension of State Street adjoining the Silverton Road. Mr. Sexton stated that he had gone to bed shortly after ten o’clock on the evening of February 17, 1955 and that he was not definitely sure of the time but he would state approximately 45 minutes later he heard the Gilham boy’s car turn from the main highway into the lane and go to the Gilham home. Mr. Sexton was questioned relative to if there were one or two vehicles and the manner in which the vehicles proceeded up the lane. Mr. Sexton stated there was only one car and that it had driven quite rapidly, but that was not unusual as the Gilham boy normally drove quite fast. He stated that he knew little of the Gilham family, that they had lived in this place for several years and that the boy had a step-mother as his mother had died several years ago. Mr. Sexton stated that Mr. Gilham was quite a respectable gentleman but he had never met or talked with the Gilham boy or Mr. Gilham’s wife.

Deputy Shaw and the writer then contact J. W. Gilham, father of Daniel James Gilham. Mr. Gilham was quite cooperative and stated that he did not know whether his son was implicated in this matter or not. He said that he knew that his boy was going with Colene Oveross and had gone with her for quite some time. He stated that he and his wife went to bed about 9:30 on the evening of February 17, 1955 and at that time his boy had not returned home. Some time after 9:30, exact time unknown, Mr. Gilham stated he was awakened by the sound of his boy entering the house. He stated that the boy came into the house and went to his room and went to bed, but he could hear nothing unusual and there appeared to be nothing unusual about his activity. However, he had not seen the boy or talked to him at the time he returned home. Mr. Gilham further stated that his boy owned a 30-30 rifle and to the best of his knowledge the rifle was in the house some place. He was asked if he would let us officers have this rifle so a ballistics test could be made of the gun. Mr. Gilham agreed that he would let the officers have the boy’s rifle; however, he would have to get the rifle and give it to the officers at a time when the boy was not at home. During the time Deputy Shaw and this officer were talking to Mr. Gilham the boy interrupted the conversation several times, calling his father out for telephone calls, and his wife, Mrs. Gilham, interrupted once stating they should be on their way to a grange meeting. At the same time Mr. Gilham was contacted Daniel James Gilham came to the door and acted very belligerent about the entire situation. He was at that time accompanied by Colene Oveross. They together, Daniel Gilham and Colene Oveross, stated that they had nothing further to say, that they were sick and tired of the officers pushing their weight around and that they felt we were taking advantage of them and accusing him wrongly. They stated that they had contacted their attorney, Bruce Williams, and had been advised by Mr. Williams to say nothing to any officer. This officer attempted to explain to Mr. Gilham that he had not been accused and that he was in no way attempting to be questioned by this officer. The only purpose for the presence of the officers was to determine if Mr. Oveross had borrowed a gun or whether Danny Gilham knew what type of weapon Mr. Oveross had. To this the Oveross girl spoke up and ordered this officer to leave the property and stated that if he did not they would contact their attorney, Bruce Williams, and have him come over and order us off of the property. Danny Gilham concurred with her statement, that he wanted us to leave the property; however, the owner of the property, Mr. Gilham, made no statements or gave no indication that he desired the officers to leave. However, the situation had developed with the conflict between the father and son and it was evident that no information could be obtained. These officers left with the understanding that they would contact Mr. Gilham at some time when his son was not at home and he would produce the rifle if it could be located.

Deputy Shaw and this officer returned to Silverton and contacted Silverton City Police Painter relative to information he had obtained on gunsmiths in the Silverton area. Painter stated that a I. A. Foster was the only recognized gunsmith in the Silverton area and it was possible that Mr. Foster may have worked on a gun for Oveross. Mr. Foster was contacted and he stated that he had never worked on a gun for Oveross and that to the best of his knowledge he had never seen or heard of Oveross having a gun; however, he would not say that Oveross did not have a gun. Several other people in the Silverton area, Mr. Bill Jones, Mr. Edgar Hobert, Mr. Hank Davenport were contacted relative to any information about Oveross of any guns he might own. These subjects admitted that they had hunted with Oveross but they had no knowledge as to what type of gun, size, make or description of gun used by Oveross.

Part of it is style and training. Sheriff Denver Young’s reports are much more like Deputy Shaw’s in style, but tend to be a little more wordy than Deputy Shaw’s grudgingly brief notes. The rest of Officer’s Riegel’s report for that Friday has already appeared earlier.

Oregon State Police Lewis G. Johnson, Assistant Director, State Bureau of Identification and Investigation:

On February 18, 1955, at approximately 7:30 A.M. At the Edman Funeral Home in Silverton, immediately following the autopsy performed by Dr. Home H. Harris on the body of Ervin Oren KASER, the undersigned made inked fingerprint impressions of the ten fingers of the victim.

The fingerprints of Ervin Oren KASER have been processed through the records of this bureau, with negative results.

The prints will be retained at this bureau for use in further developments.

And that’s the end of memories and police reports for the night of the murder and the following day.

Blogically yours,
Everett

Note To Readers

Featured

For those of you interested in the Not Innocent story, I recommend starting at the beginning. The posts are displayed on the page in “most recent first” order.  If you start reading at the top of the page, you’ll be reading the story backwards. To read the story in proper sequence, start here:

Not Innocent: February 1955

When you’re done reading each post, scroll back to the top of the page and click on the Next link.

Not Innocent: The Murder (part 1)

February 17, 1955 was one of those Oregon winter nights when the skies are clear and the temperature falls below freezing. It was a Thursday evening. At about 10:30pm, Emmanuel “Mannie” Kellerhals and his wife Connie went to bed. Their bedroom was in the front of their house, facing the Silverton-Stayton Road, known today as the Cascade Highway, which leaves the southwest corner of Silverton, then turns and runs almost due-south to Sublimity and Stayton. It was quiet except for the ticking of their clock and the occasional car passing on the road.

Mannie was already asleep, but between about 10:45 and 10:50pm, Connie heard a car drive up fast and turn into their neighbor Ervin Kaser’s driveway almost directly across the road. She heard another car drive up and stop, and then a car door slam. That was almost immediately followed by the shocking sound of a rifle shot just outside their house, which awakened Mannie. They both leapt from their bed and rushed to the window and looked across the road towards Ervin’s home where they could see Ervin’s car, sitting in his driveway, with the headlights and the inside dome light on. But just then there were three more shots, which drew their attention to a place about 50 feet to their left, where muzzle flashes seemed to come from about the height of a car window, and a car’s headlights were shining. The shots seemed to come just about as fast as you could lever in another shell. Immediately after the final shot, the driver stepped on the gas and the car sped off past them to the south. As the night was quite light, they could tell it was a dark colored car and a fairly late model. Both tail-lights were on and widely spaced, as on the more recent car models. Looking back across the road, they could not see anyone in or around the car, so they thought Ervin had gotten into the house.

Approximate map of farms and homes in the Evergreen District at the time of the murder.

They went to the kitchen and tried to call Ervin, but after several failed attempts, they called Ervin’s brother Melvin who lived just south of Ervin across an open field, telling him that they thought someone was shooting at Ervin. Melvin called the Silverton Police, reaching Constable DePeel, and then Melvin went over to Ervin’s, where he discovered Ervin’s body in the front of the car.

 

Ervin Kaser’s body in his car

Constable DePeel notified the Marion County Sheriff’s office, then drove out to Ervin’s house. The Sheriff’s office sent out a call over the Sheriff’s radio network, which was heard by Silverton police officers Yates and Bethschieder who immediately drove out to the scene. All of these officers were familiar with Casper Oveross, his marriage problems, and that he blamed Ervin Kaser for breaking up his marriage. So, they left the scene almost immediately, driving back into Silverton to notify the Silverton Chief of Police, R. R. Main, and to start searching the town for Casper Oveross.

Melvin Kaser’s wife Cloreta quickly spread the news of the shooting to the family, and Calvin and Harvey Kaser both soon showed up at the scene. Calvin remembered:

When Ervin was shot, Kellerhals called Melvin, and then Cloreta called us. Then I got dressed and went out. I just parked along side the road and walked up to the car. Of course, the Sheriff’s Deputies were there, but no one stopped me. I didn’t open the car door, but when I walked up the lights were still on, they hadn’t gone out. He was sitting in there dead. I can see him yet today, his hand was down here, and his head was back and his eyes were half open and his mouth was open. It was obvious he was dead. I stayed around there for a while, then came back home. We didn’t go down and tell Mom about it until the next morning. Harvey was up there, too, by that time. He said, “What’s the point of going down and waking her up. Let her sleep, she can’t do any good.” Harvey and Melvin went down the next morning and told Mom. It hit her pretty hard, did it ever, it worked on her so bad, that she got so that she wouldn’t even sit in the living room in the night time. She’d sit in the hallway with just one little light in there. She figured if someone had shot Ervin, someone would come and shoot her, too. When you came in the front door of our folks’ house, the dining room was on the right side, and the living room was on the left. Right in the middle was where the vent came up through from the furnace in the basement, and there was a doorway that went into the hallway. It wasn’t a hallway, it was a cloak room, but we called it the hallway. It had five doors going out of it, one upstairs, one into the kitchen, one into the bathroom, and one into their bedroom. It was just a square room. The whole front of the house was one big room, and we called it the living room and the dining room, and it went clear across the house. From the front door, you walked straight across this room, and that’s where this cloak room was, and when company came, that’s where we hung their coats. It must have been an eight by ten room. And that’s where she would sit all evening. All she had was a straight backed chair and a card table and one light bulb hanging from the ceiling.

 

Ervin’s car, driver side, where the four bullets struck, looking SOUTH. The roof of the house of Ervin’s brother Melvin is just visible through the windshield.

The Investigators – The murder was investigated by the Marion County Sheriff’s Department, with the assistance and cooperation of the Oregon State Police in Salem and the Crime Laboratory at the University of Oregon Medical Hospital in Portland, with some initial assistance from the Silverton Police Department. Since Melvin Kaser first called the Silverton Police Department, they were the first to arrive on the scene only 10-15 minutes after the murder. There was no police report from officer DePeel in either the County or State files, but below are most of the reports that cover the immediate events.

NOTE: These reports were written over the following several weeks, as the officers investigated and as they took the time to write up their notes from their notebooks. I’ve corrected occasional spelling errors, but have tried to leave the reports pretty much “as was” in order to not influence the content and to convey the “sound of the time.” Errors in spelling and grammar are quite common in these reports. Names are frequently spelled in several different ways, and occasionally an entirely wrong name is used (claiming that Harvey did something when it was actually Melvin, calling Harvey’s son Jack instead of Jeff, etc). I’ve corrected some of the name spellings, but not all of them. As always with memories, times are frequently uncertain and different people (and sometimes the same person) report things as happening at slightly different times. As with everything, read the police reports with an open and aware mind, and keep a pinch or two of salt at hand.

Looking WEST at the windshield of Ervin’s car. The Kellerhals house is visible in the background across the road.

Silverton Police Officer James D. Painter:
11:05 PM 2/17/55

At the above time and date the writer was informed that one Ervin Kaser of the Evergreen district had been killed by gunshot wounds by persons unknown. The writer and officer Bethschieder contacted one of our informants in a effort to get a line on who might have had a reason to murder him. The person contacted informed us that a very likely suspect would be one Casper Oveross who lived in the Holland Apt’s on N. Second Street in the apartment furthest from the street. The writer and Officer Bethschieder went to the Holland Aparments arriving there at 11:17 P.M. The writer knocked on the door a number of times and received no answer. The light was on inside of the apt, the key was in the lock on the outside of the door and there were newspapers put under the curtains inside in such a manner that it was impossible to see inside. The writer left Bethschieder at the Holland apt’s and went to the police station to pick up and get orders from Chief Main. Chief Main told the writer to lay in on the Oveross place. The writer knowing that the Holland Apt’s are gas equipped began to worry that Oveross might be committing suicide this suspicion was strengthened by the fact that there were paper over all the windows making observation into the house impossible. The writer, Officers Bethschieder and Yates entered the Oveross apt. at 12:15 A.M. 2/18/55 The writer looked in all the rooms of the apt and found them empty. The writer made a visual search of the place noting, a small box about 3” by 8” sitting on the drainboard by the sink, containing about three 12 gauge green shotgun shells and two 30-30 rifle bullets with various other odds and ends such as nails screws etcra etcra. There was not any weapons in sight in the apt. At 1:55 A.M. The writer again returned to the Oveross apt. with Sheriff Denver Young and party. The writer noted that the box containing the shotgun and rifle shells was not on the drainboard, looking for the box the writer found it in the cupboard. The writer took two cartridges (30-30)*** put them in a paper bag along with another 30-30 shell, found under the couch, and placed the bag on the table informing the Sheriff of its contents. The shell taken from under the couch was different from the others in that it was pointed instead of blunt nosed and appeared much newer being real shinney. The writer also noted a shotgun in Oversoss’s bedroom which had not been there on the writers first visit. The writer observed Sheriff Young take a empty rifle cartridge out of Oveross’s green plaid jacket and also removed the three loaded shells from the bag on the table and place them in his pocket. End of report.
***These were the two cartridges that were in the small box.

Looking NORTHWEST, the home of Ervin’s mother Sarah Kaser is just visible past the hood and windshield.

1 March 1955, State Police Sergeant Wayne G. Huffman:
Contacted City Officer James Painter, Silverton Police Department, who stated he had heard information of the shooting of Ervin Kaser when it came over the Sheriff’s office radio network, and he and Officers Yates and Bethschieder had driven out to the scene of the shooting and Special Deputy DePeel was there with several other people. He stated they three returned to Silverton almost immediately and called the Chief of Police and gave him the information. He stated from his previous knowledge of the situation that he and the two other officers started looking around Silverton, Oregon for CASPER OVEROSS. He stated this was shortly after 11:00 PM and he is not sure of the exact time, but would place it around 11:10 PM. He stated it was around 11:15 PM when they checked at the Town House Tavern and contacted Jerry Hoyt and told him of the shooting. He stated OVEROSS was not in the Tavern at that time. He stated they then drove down to the cabin of OVEROSS to check there and arrived at the cabin approximately 11:20 PM, but found no one at the cabin. OVEROSS’ car was not parked there. He stated they drove around town but could not find the Oveross car. He stated when they checked the Oveross cabin there was a light on inside and there was newspapers over the window. They knocked on the door and failed to receive an answer, but the key was in the outside lock of the door. They stated they watched the cabin for awhile and seeing no activity decided to check inside thinking possibly there was someone in there and trying to commit suicide with gas as the cabin was equipped with gas stoves. He stated they made a hurried check and there was no one inside. The front door of cabin was not locked. They stated they looked for firearms inside the cabin and failed to find any type. They did observe a box on the drainboard of the sink which contained three (3) live 30-30 shells and it was apparent this box had been left there just recently as it was placed normally where the dishes and other kitchen utensils would be placed. They stated they didn’t molest anything and then left and Officer Yates remained in vicinity to watch for OVEROSS and the other two officers went back uptown to look for Oveross. Officer Painter stated they returned to the cabin when the Sheriff and other officers picked up Oveross and in checking the cabin again they observed the shot-gun and understood it was found by the shower room leaning up against the wall near the shower curtain. He stated definitely that the shot-gun was not there on their first check of the cabin as he had moved the shower curtain to see if anyone was in the shower. He stated the box on the drainboard had been moved and was placed in the cupboard nearby as if it had been replaced in its original position.

Officer Painter stated he didn’t keep any notes of his activities that night of the times of his movements, but a check with the radio log at the Sheriff’s office would show the time he checked in with them, with car #30. he stated the first person he thought about when he heard KASER had been shot was CASPER OVEROSS as he was acquainted with the situation and knew of the threats Oveross had made but not in his presence.

Looking NORTH, Ervin’s house is visible over the car’s windshield, and the house of his neighbor to the north, E. M. Peer, is visible through the driver’s window.

Silverton Chief of Police R. R. Main:
10:55 PM  17 Feb 1955
At the above time and date the writer received a call at my home 336 Hill Street Silverton from the Officer on shift James D. Painter at about 11:13 PM Thursday February 17th, 1955 that one Ervin O. Kaser living on Rt 3 Silverton had been shot to death at his home two and one half miles south of Silverton. Painter informed me that Sheriff Denver Young had been notified and was on his way over to Silverton. The writer asked Painter to radio Denver to stop at the station and pick me up which he did. Denver arrived in Silverton at about 11:40 PM. Denver and the writer drove direct to the scene of the crime. When we arrived we were met by Harley DePeel, Richard Boehringer. Constable Harley DePeel informed us that he was the first Officer on the scene and every thing you see here is just the way he found them, that no one had touched the car or moved anything on the grounds. Ervin Kaser 1949 plymouth sdn was sitting in his driveway about 50 or 60 ft. from the highway with all the lights on including the dome light. Kaser was dead at the time we arrived was laying on the floor board of his car on the opposite side of the driver. There were four bullet holes through the car which looked as tho they were fired from a 45 degree angle.

There was evidence gathered at the scene of the crime which led us believe we should question Casper (Cap) Oveross. There was a call put out over all cars to be on the watch for the car driven by Oveross and his home in Silverton was being guarded by Officers. A short time before 1:55 AM a call came over the air that Oveross had arrived at his home at the Holland Apartments apt 6 on north 2nd street Silverton. Sheriff Young, State Police Officer Dunn and the writer arrived at Oveross apartment at about 1:55 AM. Knocked on Oveross door and was admitted by Casper Oveross. After entering the apartment the writer stepped by Oveross to a doorway of the two rooms and took a look in the bed room and noticed a 12 gauge Winchester shotgun leaning against the wall next to his bed. The writer examined the gun, found it with shells in the magazine and one in the barrel. Oveross was questioned as to his where abouts in the past evening. He stated the forenoon he did target practice at Virgil Huddleston’s mill on the Silverton Salem highway. We then drove to Huddleston home 1502 Bethany St. Silverton arriving there at about 2:38 AM. Left there at about 2:50 AM and drove to the mill where we saw the 30-30 Oveross fired that morning. Left there at about 3:00 AM and drove to the Kaser Home. The writer sat in the car with Oveross while Dunn and Sheriff Young talked with other officers at the scene of the crime. Left there at about 3:50 AM and drove to Salem. Oveross was questioned by Deputy Shaw, Officer Dunn, Sheriff Young and myself. Left Salem at about 6:00 AM for Silverton arriving in Silverton at about 6:30 AM.

That’s the extent of reports from the Silverton police, as the Marion County Sheriff Denver Young quickly took over the investigation, with the assistance of the Oregon State Police. The majority of the investigation was done by Sheriff Denver Young, Sheriff’s Deputies Amos O. Shaw, John T. Zabinski and Richard C. Boehringer, State Police Sergeant Wayne G. Huffman, and State Police Officer Private Lloyd T. Riegel. State Police Officer Private Robert W. Dunn also assisted in the investigation for the first couple of days. Laboratory work was done primarily by Dr. Homer H. Harris, M.D. and Mr. Ralph Prouty of the Oregon State Police Crime Laboratory.

18 Feb 1955, Deputy Richard C. Boehringer:
The writer while on regular patrol February 17, 1955 received a call by radio to proceed to just south of the Evergreen School on the Silverton-Sublimity highway, the dispatcher stated a man had just been shot. I arrived at the scene at approximately 11:25 P.M. which is Rt. 3 Box 115A Silverton, Oregon. On my arrival Mr. Harley DePeel Constable for the Siolverton district who had arrived a short time earlier showed me a body in a 1950 Plymouth sedan which was parked in the driveway of the above address the Plymouth was facing east. The body was slumped against the right front door of the Plymouth, on the front seat. Constable DePeel stated to me that the name of the person in the car was Mr. Ervin Oren Kaser who lived at the above address.

I at this time called the dispatcher requesting the Sheriff to come to the scene which was done.

Mr. E. Kellerhals who lives directly across the highway from the above address at Rt. 5 Box 115 stated he had heard four shots which sounded like rifle shots at about 10:55 P.M. At that time he attempted to call by phone the Ervin Kaser home but received no answer, fearing something was wrong Mr. Kellerhals called Mr. Melvin Kaser who resides at Rt. 3 Box 114 Silverton who is a brother to Ervin Kaser, Melvin Kaser arrived at the Ervin Kaser home and he called Constable DePeel to the scene who in turn called the Sheriff’s Office.

The scene was left as I found it until the arrival of the Sheriff at which time he took over the investigation. I was detailed to remain at the scene until such time as I was relieved. Coroner Leston Howell arrived at the scene at 12:55 A.M.

I was relieved of duty at the scene at approximately 11:00 A.M. 2/18/55 with orders to bring the 1950 Plymouth to Salem for storage, which I did.

18 Feb 1955, Sheriff Denver Young:
At 3:30 A.M. This date the writer in company with Deputy Sheriff Shaw, Silverton Chief of Police R.R. Main and State Police officer Robert Dunn arrived at the Marion County Sheriffs Office with Casper Oveross of Silverton Oregon.

It was the purpose to question the above person in respect to his whereabouts during the evening of February 17, 1955 during which time Ervin O. Kaser was shot to death in front of his home at Rt. 3 Box 115 Silverton.

Subject Oveross came into the office voluntarily however after arriving at the office he asked to contact his attorney Norman Winslow. He was told that he could call Winslow later if he still wished to but if he had not done any thing wrong he had nothing to contact an attorney for. Subject was talked to in the officers room on the first floor of the Courthouse.

Oveross refused to answer any questions other than to say that he had already told us where he had been on the previous evening, and that he had never owned a 30-30 rifle. To all other questions he would only reply that we would have to ask his attorney, or reply in some manner entirely irrelevant to the question asked.

At 5:30 we discontinued any attempt to question Oveross and at 6:00 A.M. returned to Silverton with Chief Main and to the scene of the shooting at the Kaser residence.

The cabins/appartments at 716 N Second Street in Silverton, where Cap Oveross was living when Ervin was shot. Cap’s cabin was #6, the farthest one away in this picture.

19 Feb 1955, Sheriff Denver Young:
VICTIM: ERVIN OREN KASER, Route 3 Box 115A, Silverton Oregon 49 yrs, 6-0, 160# Brown, blue eyes.

DATE OF CRIME: February 17, 1955 Approximately 10:50 or 10:55 P.M.

PLACE OF CRIME: Driveway of Kaser residence at Rt. 3, Box 115A, Silverton, approximately 2 miles South of Silverton on the Silverton-Stayton Highway. It is about 200 yards So. Of Evergreen School on East side of road.

DISCOVERED BY: EMMANUEL AND CONNIE KELLERHALS JR. who live across street from Ervin O. Kaser, and who phoned the MELVIN KASER home immediately south of the victims home.

MODE OF OPERATION: Victim was shot with rifle, fired by assailant unknown, apparently from another automobile parked in the highway about 75 or 80 yards North and west of the victims car. Victims car was heard to drive into the driveway of his home by Mrs. E. KELLERHALS, and immediately afterwards she heard another car drive up and stop on the pavement. Upon hearing one shot both she and her husband jumped out of bed and looked out of the window. Immediately 3 more shots were fired, the blasts of which could be observed coming from the car parked on the roadway. Immediately after the three shots the car accelerated the motor and sped down the road towards the south. (refer to statement of Mr. & Mrs. Kellerhals)

PROPERTY STOLEN: none

ACTION TAKEN: Writer was notified by the Sheriffs office at 11:23 P.M. 2/17/55, that there was a possible homocide near Evergreen school (information from Constable DePeel) Writer asked desk to notify Deputies Shaw and Zabinski to proceed immediately to scene and Deputy Sheriff Boehringer had already been ordered there to stand by. Writer arrived at above scene at 12:10 A.M. February 18, 1955, after picking up Chief of Police R.R. Main in Silverton on the way. (Refer to other reports on continuation of investigation)

SUMMARY: Ervin Oren Kaser was shot and killed in his car in front of his home by assailants at this time unknown. Assailant apparently pulled up behind Kaser from the direction of Silverton and after stopping his car on the main roadway, fired four shots all of which penetrated through the doors and window of the KASER car. One of these bullets entered the body of Kaser, killing him almost immediately (see Dr. Homer Harris report of the autopsy). After firing shots assailant sped southward in the direction of Stayton. Bullet recovered from the body of the victim appeared to be of 30-30 Cal.

Report dated 19 Feb 1955, State Police Officer Lloyd T. Riegel:
The writer contacted Deputy Sheriff John Zabinski at 6:10 A.M. [EK_NOTE: Feb 18th] at the Silverton police station in Silverton, Oregon. At that time the preceding information (contained in Officer Dunn’s report) was related to this officer and the officer received a tentative plan of what he was to do the remainder of the morning. Deputy Zabinski and this officer were directed by Sheriff Denver Young to attempt to locate the weapon used in the shooting of ERVIN OREN KASER. This officer and Deputy Zabinski were also advised to check the cabin of CASPER OVEROSS for any weapons or any other evidence that might pertain to this case.

At 8:55 A.M. Deputy Zabinski and this officer searched the cabin of Casper Oveross. The only weapon found in the cabin was a model 97 Winchester pump 12 guage shotgun. The cabin was quite disorderly. All the clothing, pockets of the clothing, suitcases, cabinet drawers, shelves, mattresses, beds, bedclothing were searched for any evidence relative to a gun or ammunition capable of being fired in a hand weapon. There was no evidence found other than the above mentioned 12 guage shotgun and two shells for this gun.

Information was obtained by Deputy Zabinski and this officer that Casper Oveross would make frequent trips to the old home place, located on Powers Road, about five miles east of Silverton. It was further learned that the old home place was owned by Casper Oveross’ brother, Henry Oveross, who resides at 514 S. Water St. in Silverton, that the farm at the present time is unoccupied. Deputy Zabinski and this officer proceeded to the home farm, which is the third property on Powers Creek Road south of the Silverton-Marquam highway. The writer and Zabinski were unable to gain entrance to this place so the adjoining house was checked relative to any activity about the farm place during the night. In the adjoining house, just north of the Oveross home farm, is Edward Shubert and his wife. Mrs. Shubert is the sister of Casper and Henry Oveross. Also contacted at the Shubert residence was Henry Amundson whose wife is also a sister of Casper and Henry Oveross. These people were questioned at quite some length relative to any firearms that Casper Oveross has owned or presently owns. It was learned from Edward Shubert that Casper Oveross at one time owned a 32-40 Wincsheter model 94; however, it was believed that he had sold this weapon some time ago. He also stated that Casper owned a 12 guage shotgun, believed a model 97 Winchester, at one time. He stated that they had hunted together several times but that neither of them could recall what type of weapon he used, or could they recall whether the weapon he was using was his own or a borrowed weapon. They further stated that Casper Oveross had gone to eastern Oregon on a deer hunting trip this last season and that he had shot a deer. They were unable to say what he had done with the deer, however, they assumed that he had placed it in one of the lockers in Silverton. The two sisters were questioned relative to Casper Oveross and his general attitude. They stated that Casper Oveross had always been a very level headed, friendly, more or less carefree type fellow, that he had taken quite a lot from his wife, Ethel Oveross, before he had become roiled enough to sue for a divorce. When the officers attempted to question these subject further as to what they had meant when they said he had taken “quite a lot” the officers were unable to pin the subjects down as to exactly what they meant. They stated that they had never seen Ethel Oveross with another man, that everything they knew had been strictly hearsay, but they were sure it was true because it had been told to them by very reliable sources. However, the officers were unable to actually obtain any facts as to Ethel Oveross’ activities or any activities that had caused Casper Oveross to sue for a divorce.

Deptuy Zabinski and this officer then contacted the Montgomery Locker Plant in Silverton relative to a locker or the cutting up of a deer owned by Casper Oveross. No information was obtained at this locker. The Budget Market and Lockers were then contacted. It was learned at this locker that Casper Oveross had shot a deer in eastern Oregon and that they had cut the deer up and wrapped it. The deer had been divided between him and a Danny Gilliam, who supposedly had gone hunting with Casper Oveross. It was also learned that Bill Sprick had also gone on this hunting trip with Oveross and Gilliam.

Deputy Zabinski and this officer then contacted Ethel Oveross at her residence three miles south of Silverton on the Silverton-Sublimity road. Ehtel Oveross related that the Danny Gilliam referred to is Daniel James Gilham, age 19. Gilham is and has been the boy friend of the oldest Oveross daughter, Colene Oveross. Mrs. Oveross stated that Danny Gilham had accompanied Casper Oveross on this hunting trip and also Bud Sprick had gone on this hunting trip. She stated that she did not think that Danny Gilham had stayed for the entire trip as he had forgotten his deer tag and he returned home early. Ethel Oveross was questioned relative to any guns owned by Casper Oveross. She stated that she knew very little about guns but she did believe that he at one time owned some type of gun called a 30-40 but that he had sold this gun some time previous and she did not know whether he had purchased another gun or not. She did state that at one time Casper Oveross had a 30-30 ordered but whether he ever actually purchased the gun was unknown. She stated that he at one time had an old beaten up 22 rifle that stayed about the house for some time but as to its whereabouts she did not know. She further stated that he does have a large shotgun, make and kind unknown. She described the gun as one barrel with some sort of a gadget that you have to slide back and forth under the barrel to load it. When she was questioned relative to Casper Oveross, his general attitude, his general characteristics, and his mental condition, she stated that she knew very little about her husband, that she had been divorced from him for seven months. When she was confronted with the idea that she had lived with the man for twenty years and that it would be quite difficult to forget in seven months she would say nothing. She did state that she did not think that Casper Oveross was of the temperament to shoot a man and if he was wanting to come back with her that she could not understand why he would shoot a man, that she definitely would not take him back after he had shot a fellow. She was questioned relative to her activities the night previous to the shooting. She stated that she had been at home on the night of the 16th of February and that on the night of the 17th of February at approximately 7:30 P.M. She had gone to Stayton, Oregon. When questioned as to whom she went to Stayton with she stated that she had gone with Ervin Kaser and that they had returned home shortly after ten o’clock in the evening. She was questioned as to whether Casper Oveross had been very angry when they had received the divorce. She stated that he had not and that he comes back to the place at least once and sometimes twice a week to visit the children and her. She says there has never been a harsh word between him and the children or between him and her. She further stated that he was not a close father, that he had been good to the children and to her, but he had never been a real close friend of the children. While talking to Ethel Oveross Daniel James Gilham and Colene Oveross came into the house. Deputy Zabinski questioned this subject as to his going to eastern Oregon on a hunting trip last fall with Casper Oveross and Bill Sprick. Gilham stated that he had gone on the hunting trip. When Deputy Zabinski asked what type of gun Casper Oveross used and owned Gilham stated that he did not have to answer that question and that he would not answer that question. At this time the writer observed Gilham very carefully. Gilham became very white, very nervous and a surge of anger seemed to appear on the man. He sat down in a chair momentarily. Colene came in from the kitchen and told him that it was time for them to go and he got up and left in a 1950 Ford, dark green in color, Oregon 647-134. Ethel Oveross was questioned relative to Gilham’s attitude and why he had become so nervous. She stated that she had no idea why he became nervous and why he was taking the attitude that he had taken. She said that she felt that it was possible that he is just a boy and is quite flighty. She stated that he has always been high strung and very hot tempered.

Deptuy Zabinski and this officer then contacted CARL SPRICK, Route 1, Silverton, which is on the Marquam road cutoff to Mt. Angel. Carl Sprick stated that he had known Casper Oveross for several years, that he had never been a close friend of Casper Oveross because of the age difference; however, he did state that his brother, Bill Sprick, was quite friendly with Casper Oveross, that they had hunted together in eastern Oregon for ten or eleven years, that Bill would accompany Oveross when he took small trips and that Oveross would go to the Bill Sprick residence to observe television. Bill Sprick was then contacted relative to his activities and his knowledge of Casper Oveross. Bill Sprick stated that he has known Casper Oveross for twelve or thirteen years and that he has hunted with him almost every year for eleven years. When questioned as to what type of gun Oveross has Strick stated that he knew Oveross had a gun but he did not know what kind or the type it was. He was questioned relative to the gun being a lever action, bolt action, or a slide or pump gun. He stated that he had never noticed the gun, that it was Casper’s gun and he did not bother with the gun. He was questioned as to whether he knew if the gun was actually Casper Oveross’ or if it were a borrowed gun. He stated that he did not know this, that Casper had never told him and he had never asked. He was questioned as to whether Casper had used the same gun every year or if he had a new gun in the last year or so. He again stated that he paid no attention to the guns, that he just went hunting with him and he did not look at the gun, had never picked it up, admired it, or paid any attention to it in any way.

Information was then received that on the morning of February 17, 1955 Casper Oveross had done some shooting at a lumber yard just south of Silverton. This lumber yard was contacted by Deputy Zabinski and this officer. A “Rusty” Huddleson, operator of the yard, was contacted relative to Casper Oveross and his shooting a gun at the yard that morning. “Rusty” Huddleson stated that at approximately 9:30 or 9:45 Casper Oveross came to the lumber yard with a bill of lumber. He stated that he had taken a contract to finish the interior of a house and that he desired to have this bill of lumber figured before he gave a final figure on his completion of the project. Huddleson further stated that while they were in the office talking Casper noticed a gun on the counter. Huddleson told Casper that he worked on guns and repaired them, more or less as a hobby, and that he had been fixing this 30-30 for a fellow and he asked Casper if he would like to shoot a few test shots from it. Casper took the gun outside and shot four shots into a pile of lumber. The gun was brought back to the office, set in a corner and a 2×4 placed in front of the gun. “Rusty” Huddleson stated that the gun stayed in that place and was there on the morning of February 18 when he returned to the office, that he is sure that Casper Oveross could not have gotten into the office and taken this gun out and then returned it.

In effort to establish some time and location of the victim, Ervin Kaser, Deputy Zabinski and this officer checked the various grocery stores in the Silverton area for information as to his buying a sack of groceries which was found in the back of his car. Articles in the sack were those sold by the Safeway Store in Silverton, such as the Miss Wright bread which is only handled by Safeway. Safeway stores were contacted and they stated that they had stayed open until 9:00 P.M. On February 17, 1954. The two clerks on duty at the Safeway store that evening stated that they did not know Ervin Kaser and they were unable to state whether M. Kaser had purchased groceries at the Safeway store in Silverton or not.

Deputy Sheriff Shaw and this officer got together at the Silverton city police station at 5:30 P.M. On February 18, 1955 and compared notes and information previously obtained. At this time it was decided that George Hopkins who lived in the adjoining cabin to Casper Oveross would be the next subject to contact relative to any guns or ammunition owned by Casper Oveross. The Hopkins cabin was contacted and it was learned that Mr. Hopkins had not returned from work; however, Mrs. Hopkins related the information that some time shortly after 9:00 P.M. On February 17, 1955 she heard a vehicle drive up at the Oveross apartment. A man got out and went in the apartment, stayed for a short time, came out and got in his car and left. Mrs. Hopkins stated that she was unable to state whether this man was Casper Oveross or some other man. Mrs. Hopkins stayed up quite late that evening and she stated that she did not hear anybody return to the apartment before she went to bed near midnight. Deputy Shaw and the writer then proceeded to the area near the Daniel James Gilham residence, Rt. 5, Box 417, Salem, Oregon, Waldo Hills area.

At the entrance to the lane leading to the Gilham residence a Mr. Frank Sexton, Rt. 5, Box 418 was contacted. Mr. Sexton’s house sets at the intersection of the Gilham lane and the extension of State Street adjoining the Silverton Road. Mr. Sexton stated that he had gone to bed shortly after ten o’clock on the evening of February 17, 1955 and that he was not definitely sure of the time but he would state approximately 45 minutes later he heard the Gilham boy’s car turn from the main highway into the lane and go to the Gilham home. Mr. Sexton was questioned relative to if there were one or two vehicles and the manner in which the vehicles proceeded up the lane. Mr. Sexton stated there was only one car and that it had driven quite rapidly, but that was not unusual as the Gilham boy normally drove quite fast. He stated that he knew little of the Gilham family, that they had lived in this place for several years and that the boy had a step-mother as his mother had died several years ago. Mr. Sexton stated that Mr. Gilham was quite a respectable gentleman but he had never met or talked with the Gilham boy or Mr. Gilham’s wife.

Deputy Shaw and the writer then contact J. W. Gilham, father of Daniel James Gilham. Mr. Gilham was quite cooperative and stated that he did not know whether his son was implicated in this matter or not. He said that he knew that his boy was going with Colene Oveross and had gone with her for quite some time. He stated that he and his wife went to bed about 9:30 on the evening of February 17, 1955 and at that time his boy had not returned home. Some time after 9:30, exact time unknown, Mr. Gilham stated he was awakened by the sound of his boy entering the house. He stated that the boy came into the house and went to his room and went to bed, but he could hear nothing unusual and there appeared to be nothing unusual about his activity. However, he had not seen the boy or talked to him at the time he returned home. Mr. Gilham further stated that his boy owned a 30-30 rifle and to the best of his knowledge the rifle was in the house some place. He was asked if he would let us officers have this rifle so a ballistics test could be made of the gun. Mr. Gilham agreed that he would let the officers have the boy’s rifle; however, he would have to get the rifle and give it to the officers at a time when the boy was not at home. During the time Deputy Shaw and this officer were talking to Mr. Gilham the boy interrupted the conversation several times, calling his father out for telephone calls, and his wife, Mrs. Gilham, interrupted once stating they should be on their way to a grange meeting. At the same time Mr. Gilham was contacted Daniel James Gilham came to the door and acted very belligerent about the entire situation. He was at that time accompanied by Colene Oveross. They together, Daniel Gilham and Colene Oveross, stated that they had nothing further to say, that they were sick and tired of the officers pushing their weight around and that they felt we were taking advantage of them and accusing him wrongly. They stated that they had contacted their attorney, Bruce Williams, and had been advised by Mr. Williams to say nothing to any officer. This officer attempted to explain to Mr. Gilham that he had not been accused and that he was in no way attempting to be questioned by this officer. The only purpose for the presence of the officers was to determine if Mr. Oveross had borrowed a gun or whether Danny Gilham knew what type of weapon Mr. Oveross had. To this the Oveross girl spoke up and ordered this officer to leave the property and stated that if he did not they would contact their attorney, Bruce Williams, and have him come over and order us off of the property. Danny Gilham concurred with her statement, that he wanted us to leave the property; however, the owner of the property, Mr. Gilham, made no statements or gave no indication that he desired the officers to leave. However, the situation had developed with the conflict between the father and son and it was evident that no information could be obtained. These officers left with the understanding that they would contact Mr. Gilham at some time when his son was not at home and he would produce the rifle if it could be located.

Deputy Shaw and this officer returned to Silverton and contacted Silverton City Police Painter relative to information he had obtained on gunsmiths in the Silverton area. Painter stated that a I. A. Foster was the only recognized gunsmith in the Silverton area and it was possible that Mr. Foster may have worked on a gun for Oveross. Mr. Foster was contacted and he stated that he had never worked on a gun for Oveross and that to the best of his knowledge he had never seen or heard of Oveross having a gun; howebver, he would not say that Oveross did not have a gun. Several other people in the Silverton area, Mr. Bill Jones, Mr. Edgar Hobert, Mr. Hank Davenport were contacted relative to any information about Oveross of any guns he might own. These subjects admitted that they had hunted with Oveross but they had no knowledge as to what type of gun, size, make or description of gun used by Oveross.

Deputy Shaw and this officer next contacted Rodney Oster, 115 N. James St., Silverton. Mr. Oster stated that he had known Casper Ovross for his entire life. He further stated that he saw Casper Oveross between 9:50 and 10:00 P.M. On February 19, 1955. [EK_note: this date is incorrect; the actual date they’re discussing was Feb 17; this report was being written on Feb 19] Mr. Oster stated that he had gone to Shorty’s Tavern to wait for his wife who was bowling in the adjoining building. While at Shorty’s Tavern he had talked with Casper Oveross for a period of approximately ten minutes, this being between 9:50 and 10:00 P.M. During the conversation with Casper Oveross Oveross made the following statement: “My wife should be at a lodge meeting tonight but I suppose they are out together again.” “I have a friend in the state pen who is doing 99 years for killing his wife and her lover and I visited him just a few days ago.” Mr. Oster stated that shortly after this Casper Oveross left Shorty’s Tavern and at about approximately 10:30 P.M. Mr. Oster’s wife came into Shorty’s and they left together, going directly to the Town House and into the bar section. He stated they remained at the Town House until 1:30 A.M. On February 18, 1955. Several times while they were at the bar they were the only people in the tavern section. They stated that at no time between 10:30 and 1:30 did Casper Oveross come into the bar section of the Town Tavern. Mrs. Oster further stated that during between 10:30 and 1:30 she had to go to the restroom twice. In order to get to the ladies restroom it was necessary that she go through the restaurant section of the Town Tavern. The first time she went she observed two girls and a boy and girl sitting at opposite ends of the counter in the restaurant section. She stated that the girl was in her teens, the boy was approximately 6′ tall and a heavy dark complexioned fellow. She stated that she doubted if she could definitely identify either of these persons, boy or girl, again, but she stated that at that time Casper Oveross was not in the restaurant section. A the second time she went through the restaurant section Casper Oveross was not in the restaurant at that time, and it was very doubtful to both Mr. and Mrs. Oster that Casper Oveross had ever returned to the Town House tavern or restaurant section.

This ends the day of February 18, 1955.

The following information was obtained after midnight and on the 19th of February 1955:

This officer and Officer Shaw contacted the Gilham residence again. The Gilham boy was at home, his car was in the driveway, and no attempt was made to contact Mr. Gilham relative to the gun owned by Daniel James Gilham.

A check was then made with the Phillippi Motor Co. in Stayton in an effort to contact Ethel Oveross, who is a bookkeeper and office clerk for this motor company. It was learned that she had not worked since the morning of the incident and it was not known as to when she would return to work. The residence of Ethel Oveross was then contacted. Her daughter, Colene Oveross, stated that her mother had gone to Salem to purchase a new coat and it was doubtful if she would be back to Silverton before 3:30 or 4:00 P.M. that date.

Information was then obtained that Casper Oveross had moved to the home of his brother, Henry Oveross, at 315 South Water Street, Silverton. The moving of Oveross and his clothing from his apartment had been assisted by Roy Brown. It can not be determined as to what Roy Brown had actually done in the moving and as to how close a friend or what connection Roy Brown had with Casper Oveross. The best information that could be obtained revealed that Oveross had moved to his brother’s place approximately 7:00 P.M. On the evening of February 18, 1955. Continued checks were made throught the area in effort to obtain information relative to Cap Oveross and the gun or type of gun that he may use.

Information was then obtained from Sheriff’s Reserve Frank Shepard that he had learned that some time previous to this incident Ervin Kaser had forced himself upon a Marilyn Schaar, who lived near the Central Howell School, and that he had also contacted a man by the name of John Seems and attempted to sell his farm equipment to Mr. Seems. An effort to contact Marilyn Schaar was made, but no results. Schaar had not returned to her home late Saturday evening. John Seems was contacted and he revealed that about two or three weeks ago Ervin Kaser had contacted him offering to sell his tractor and farm equipment. When Seems had questioned Kaser as to why he desired to sell his equipment, Kaser stated that he was unable to make a living on the small place that he owned. Seems asked him what he intended to do if he sold his farm equipment. Kaser stated that he had no idea but would possibly leave the country. While talking to John Seems a Doctor Simmons and a Dick Carter were also contacted at the Seems residence. Carter is a member of the Sheriff’s Reserve in the Silverton area. Carter wrote a name on a piece of paper and handed to Deputy Shaw stating to him that if you will contact a man whose name is on the paper you may possibly obtain some information of interest. Deputy Shaw then showed the paper to this officer. The name written on the paper was Charles Hopkins. It was learned that Mr. Hopkins was a businessman in the Silverton area and had one time been the owner of the Marshall-Wells Store and had had considerable business dealings with Casper Oveross. Mr. Carter explained that he and Charles Hopkins were both businessmen in the Silverton area and that the general sentiment throughout the Silverton area was in favor of Casper Oveross and that any information or cooperation that they would be able to give us would have to be kept in the strictest of secrecy and they would desire any contacts be made after dark in a place other than their own residence if possible. Mr. Carter advised that he would attempt to arrange for a meeting with Charles Hopkins some time that evening. At this time Sheriff’s Reserve Frank Shepard was with us and he agreed to be the between man between Deputy Shaw and the writer and Mr. Carter and Charles Hopkins.

At approximately 6:00 P.M., 19 February, 1955, a meeting was arranged between Charles Hopkins, Dick Carter, the writer and Deputy Shaw. The meeting was arranged by Frank Shepard and it was to be at Dick Carter’s residence at 7:45. At 7:45 Deputy Shaw and the writer went to the Carter residence and contacted Dick Carter, Charles Hopkins and a Mr. Hanson. They stated that they realized that the police officers were having it difficult in the Silverton area to obtain any information and that they would be willing to cooperate as much as possible in locating information and relaying between the officers. Mr. Charles Hopkins stated that he had known Casper Oveross for several years and that Casper Oveross had done considerable business in his store, buying tools, paint, paint brushes and various things in connection with his carpenter work. He stated that approximately the last of September 1954, but just prior to the receiving of his divorce, Casper Oveross had told him that he and another fellow had layed in a field all night and had waited for Ervin Kaser to go to the Oveross home. Oveross stated that he and the other party, whose name was not given, had observed Ervin Kaser come from his home and go into the Oveross home. They stated that Kaser stayed at the Oveross home all night and had left there just before dawn. Casper Oveross at that time stated “I should have shot him right then, but I didn’t, but I still think that I will shoot him.” He also stated that he had a friend who is in the penitentiary for shooting his wife’s lover and that he had sometimes wondered whether it would actually be worth it or not but after thinking it over he believed that he should still shoot Ervin Kaser. At that time Casper Oveross related to Mr. Hopkins that he had a gun. He did not say what type of gun or what caliber but he did state that he had a gun. Mr. Hopkins stated that he was quite sure that some time during the day of Sunday he would be able to determine the exact type and kind of gun Casper Oveross owned. It was agreed that a meeting would be arranged between Officer Riegel, Deputy Shaw and the three above named gentlemen at a later time after they had had an opportunity to find the information that had been requested by these officers.

Continued checks were made throughout the day at the J. W. Gilham residence in effort to contact Mr. Gilham alone. Daniel Gilham did not leave home all day and it was impossible for these officers to contact Mr. Gilham for additional information or to get the rifle which belongs to Daniel James Gilham.

Continued checks were also made at the Oveross residence and up until 6:00 Mrs. Oveross had not returned home and it was doubtful that she would return home that evening.

The investigation will continue for additional information relative to the activities of Daniel James Gilham, Casper Oveross on the night of February 17, 1955. To date Casper Oveross has a period between 10:00 P.M., 17 February 1955, and 12:45 A.M., 18 February 1955 that cannot be accounted for. Daniel J. Gilham will not talk, will not cooperate with the officers in anyway, and will make no effort to give any explanation for his time or activities on the night of February 17, 1955. The last known place that Daniel James Gilham was was the Oveross residence. He was there sometime between 7:30 and 8:30 P.M., 17 February 1955. After that hour there has been no indication as to where Daniel James Gilham went, what he did, who he contacted or the exact time given as to when he returned to his home.

[That’s enough (too much?) for one post.  More to follow…]

Blogically Yours,
Everett

Not Innocent: Intermission

Sorry for the long delay in posting the next piece of the story.  I’m finding it more work and more time-consuming that I’d expected.

A large part of the following sections will be based upon the police reports from the investigation.  They’re far more trustworthy than the newspaper reports, although everything has to be taken with a grain of salt.  Every ‘story’ (or report, etc) is told from SOMEONE’S point of view, with the associated prejudices, opinions, attitudes, etc.  In the case of a police investigation, you have several layers of that: first, the police officer doing the investigation and writing the report, second the person they’re interviewing, third the people around the person being interviewed.  They all have different desires, attitudes, beliefs, pressures (social and otherwise) and fears, and none of them ‘see’ with god-like clarity and all-knowing.  So what is the truth?  It’s not something that can be cleanly conveyed before, during or after the fact.  All we can do is present the available ‘facts’ as best as we can, and let the reader “fill in the blanks” and make up their own mind.

There were a half-dozen primary investigators of the murder, and each of them wrote reports of their activities and findings.  Usually two or three of these investigators would work together, driving here and there, interviewing various people, and as a result there is often two or three different police reports covering the same events and interviews.  These reports would sometimes be written up the same day they occurred, and sometimes they wouldn’t be written up from their notebook until almost a week later.  Sometimes one report would cover one small interview, and sometimes it would cover several days of investigation.

Trying to organize all of that into some more reasonably digestable form was proving problematic for me (the County Sheriff’s file alone is about 240 pages, which includes most of the State Police reports also, but the State Police file has a few additional reports that aren’t included in the Sheriff’s file, so there’s probably closer to 275 pages of police reports to process).  Finally, I realized that I really needed to have all of the police reports in a text format that was easily manipulated, rather than just as photocopies and JPG scans of those photocopies.  OCR software was no use.  On some reports it generated reasonably good scans, but still with many, MANY OCR errors.  On other reports the original (or photocopy thereof) was so poor that the OCR software could get NOTHING but gibberish.

So, I decided that the best thing to do was to re-type all of the reports into a text editor.  Sigh.  Once that’s done, then I’ll be able to “pick apart” the reports, putting the various pieces together into a more chronological order and placing together the reports from different investigators of the same event.  Frequently each investigator will include something in their report that none of the others did, giving a better perspective on what happened, what was seen or said. This will also allow me to build a better time-line of exactly who was doing what and when and where and with whom.  And that will then let me proceed more smoothly and easily with the telling of the story in a more organized fashion.

Unfortunately, that won’t happen terribly quickly.  It’s a slow process.  So far, in the past three weeks or so, I’ve typed in just over 100 pages, probably a little over a third of the total (vacations, canning peaches and applesauce, life, all have interfered and reduced productivity to a snail’s pace).  However, that’s enough to let me get started on organizing the events of the murder and the first week  or two of the investigation.  But things are going to slow down even further, as it’s time for me to get to work on my real job, writing puzzle games.  It’s been a nice summer break, but sooner or later, we all have to earn a living.

So, please be patient, and have faith that I will finish this story that I’ve started. It’s just going to take a while…