Now ten days after the murder, everyone seems to have taken a day off on Sunday, February 27, 1955.  The hunt for the weapon continues, especially the hunt for witnesses or records of Casper Oveross buying a 30-caliber rifle.  The police have a number of witnesses stating that Oveross did have a hunting rifle, knew that he had hunted with it, but Oveross denied ever having it.  So, the hunt for the purchase goes on, as well as continuing to check all 30-caliber rifles that Oveross (or anyone else in the area) might have had access to.

Monday, February 28, 1955

Sheriff’s Deputy Amos O. Shaw:

8:30 AM Sheriff Office plan activity for the day

10:30 AM At Hardware store in Aumsville regarding rifle sales. Mr. Roberts is previous owner of store sold out in 1951. At present at Lyons Oregon. Talked with Mr. M.C. Franklin had place for 4 yrs. No information of value.

10:50 AM Stayton Oregon contact Mr. Powell has had sporting goods store since 1954, Jacks Sporting Goods Store. No gun sales recorded. Doesn’t believe that he ever sold a gun to Oveross. Following gun smiths in Stayton: Lloyd Schenauer (Moved to California), Mat Frost (Works for Philippi), Gun smith in Turner

11:00 AM Contact Marshall Wells Store in Stayton, Clifford Likes, Owner. Kenneth Gar and checked books since 1947 no gun sales listed to any Oveross.

Wayne Huffman checked Santiam Hardware. Nothing of value. Lloyd Riegel checked Western Auto. Nothing of value.

11:27 AM At Philippi’s to check with Mat Frost, no information of value, does mostly stock work.

11:30 AM Check with Chief of Police Norfleet. No information of value.

11:45 AM Check with Ferres at Sublimity Lumber Yard. Cap hangs out around there and they sell rifles. (Info. From Norfleet Stayton) Also advised to check with a Wick, Body and Fender man at Ford Garage. Stated he was with Oveross 2 weeks ago, and is a personal friend of Oveross.

12:10 PM At Dolph Heater residence to talk with Ronald Heater. Wrong house will attempt to locate home.

12:15 PM Sarg. Huffman learned that Ronald Heater is in Silverton, will contact there.

12:36 PM Contact Frank Shepherd, Silverton P.D. Frank reports that Mrs. Frank Wolfe had been talking to him and had heard her neighbor say that a car had followed her home, or pulled around her on evening of 17th. She saw them pull down a lane by her home and saw 2 cars exchange something. (Frank will try to gain additional information Mrs. Wolfe reluctant to talk to police.) Received additional information of importance, will check on this information thru other sources available.

1:00 PM Contact Ronald Heater. No information.

1:10 PM Lunch Silverton

2:00 PM State Patrol Office

3:30 PM Contact Wayne Moore at District Attorney Office. Wayne says he has owned gun for 15 yrs. was formerly property of father.

Gun has been kept in the woodshed and garage at Moore residence for considerable length of time. Been in the woodshed for at least on month prior to being picked up by Sheriff. Stated he had never taken very good care of the gun. And that Casper knew he kept it in the woodshed and had easy access to it.

Wayne stated that the last time he used the gun he shot at a dog bothering some sheep on his place. This was about 1 month ago. Gun is always left fully loaded. Stated he hadn’t cleaned the gun for a month or more.

Doesn’t know how many shells were in gun. Could have been hollow points or Remington Kleen Bores.

Stated that Casper never used the gun to his knowledge. Nor has ever borrowed the gun for target practice or other purposes to the knowledge of Mr. Moore.

2 years ago Casper Oveross had gone hunting with Mr. W. Moore and it is possible that he could have ejected one of the shells from Mr. Moore’s gun without the knowledge of Mr. Moore. Casper never used the gun on that trip. Wayne Moore stated Casper had a 30-30 rifle he used on the trip. Wayne further stated he didn’t use reloads, nor had he ever given Casper any ammo. to the best of his knowledge.

Wayne stated it is possible that Casper could have gotten his rifle on the 17th. Or prior to the 17th. And used it in killing Mr. Kaser. And that this possibility had occurred to Mr. Moore and worried him to the extent that he immediately upon arriving home from work on 18th. went and checked the gun. He stated he found it in approximately the same place he had left it, and gun was loaded. Gun was checked at about 5:35 PM 2-18-55.

There has been hard feelings by Casper toward’s Wayne Moore, and has implied to Mr. Moore that Casper felt he was chasing around with his wife.

4:30PM Mr. Moore further stated that Casper was shrewd enough and capable of using Mr. Moore’s rifle for the shooting.

5:00 PM Contact State Patrol office.

5:30 PM Contact Frank Shepherd, he contacted Mrs. Wolfe whom stated as follows:

A lady that is a 4-H leader is supposed to have seen 2 cars pass some thing between them on lane by their place. Mrs. Wolfe was reluctant to give the name of party that observed this transaction. It is felt by Shepherd that the most logical party whom observed this is Mrs. Lensman. (A check with 4-H club is advisable to gain parties name.)

6:40 PM Check with Charley Hopkins, 208 Mill St. Silverton whom advised that Mrs. George Hopkins, cabin #5 Hollan Court, has some information for us.

7:00 PM Contact Shirley Hopkins, cabin #5 Hollan Court, whom revealed the following information:

Stated that some one had a wrapped object and put it in a car. Car was described as a light gray colored late model Ford Coach or Sedan. 1949 or 1950 model. That was the first thing removed from the cabin and the only thing loaded into this particular car. The car left immediately and was gone about 15 minutes then returned to the cabin. Subject in the vehicle was described as 20 yrs., tall slender. (Knows Danny Gilham and stated it was not him.) Other people at Oveross cabin during this time was an older man and an older heavy-set woman, and Colleen Oveross. 3 cars was there the one mentioned above, and a late model Salmon colored Ford, and another vehicle believed to be a pre-war model gray vehicle. This occurred Wednesday 23rd. About 5:30 PM.

Also Shirley stated that a girl friend of her’s VERNA TEGLUND, mother in law of Mrs. Seward 212 W Center Street, stated she saw and talked to Casper Oveross approximately 15 minutes after the shooting. [EK_note: See the end of Riegel’s report below for clarification of this, it was earlier in the evening, not after the shooting.]

Also on night of murder Mrs. Hopkins, cabin #5 Hollan Court, and her brother Duane Hopkins, and his girl friend heard a car drive up and stop in front of Casper Oveross cabin #6 Hollan Court. This took place at 8:40 PM 2-17-55. She heard some one go in the house was in about 10 minutes at most, and left. She didn’t look out to see whom it was and took for granted it was Casper.

Also stated that Casper had worked with a young man, and associated with him considerably. Man described as 21 yrs. nice looking, curly hair dark colored. Subject does carpenter work and resides in Stayton. Was last seen about 2 months ago.

Also stated that on Friday 2-18-55, two young men had come up and knocked on Cap’s door and had enquired if she knew Casper, and enquired as to his age, etc. Stated they would leave a note in his mail box for him. However she watched them and they didn’t leave any note. [EK_note: Reporters?  Hard to say.]

Concludes activities of 2-28-55

State Police Private Lloyd T. Riegel:

On 28 February 1955 Sgt Huffman, Deputy Shaw and the writer proceeded to Aumsville Oregon and checked the Roberts Hardware Store for any record of guns purchased by Casper Oveross. The records present at the store were checked with negative result but an additional check is to be made with a former bookkeeper. Results in later report. The above officers checked the Jack’s Sporting Goods, Santiam Hardware, Western Auto, and Coast to Coast stores in Stayton, Oregon. All stores were checked with negative results. Mathew Frost, gunsmith in Stayton, was checked for sale or repair work on any guns belonging to Casper Oveross, this also was with negative results.

Dolph Heater was contacted relative to his knowledge of guns owned by Casper Oveross. Mr. Heater stated that he knew Casper Oveross only to speak to and to have a drink with. Stated that he has never hunted with Casper Oveross and had no idea about as to what type or kind of gun Oveross owns.

The writer and Deputy Shaw contact Wayne More relative to Casper Oveross having borrowed shells or guns from Mr. Moore. Mr. Moore stated that the gun, now in possession of Sheriff Young, had belonged to his father before him and that he had never loaned the gun to anyone. Mr. Moore stated that he had hunted in Eastern Oregon two years ago with Casper Oveross but Oveross had not used his gun and to the best of his knowledge had not loaded or ejected shells from the gun. Mr. Moore was questioned regarding his having shot on the Oveross residence. Mr. Moore state that he had never practiced shooting on Oveross’s place and that to the best of his knowledge his gun has never been used to shoot at any targets on Oveross’s place. Mr. Moore further stated that he has never loaned shells to Oveross nor has he borrowed shells from Oveross. He further stated that for the last year he and Oveross have not been on the best of terms, as Oveross had warned him against being friends with ERVIN KASER. Oveross told Mr. Moore that he would not remain a friend of his as long as Mr. Moore remained friendly with ERVIN KASER. Mr. Moore said he paid little or no attention to this because it only came up when Oveross had been drinking. Mr. Moore was questioned regarding where he normally leaves his gun and as to whether or not the gun is left loaded or unloaded. Mr. Moore stated that he always leaves the gun setting in the wood shed and the gun is always loaded. Mr. Moore further stated that he last noticed the gun about thirty days ago when he shot a dog on his place and he was quite sure the four shells left in the gun were either silver tip or core lock or some of each. Moore was questioned about the type and size of shell he uses. He stated that he has never used re-loads and has always bought the 170 grain bullet. The writer questioned Mr. Moore regarding his activity on the night of 17 February 1955 and to the possibility that Oveross could have taken his gun from the woodshed and returned it without the Moore family knowledge. Mr. Moore stated that he arrived home about 6:10 PM, had supper and watched television until about 10:30 PM then retired. Mrs. Moore, Erma Moore, stayed up after 10-:30 PM waiting from their daughters return from a skating party in Salem, Oregon. Wayne Moore further stated that Oveross has been at his home many times and would know that the rifle is always kept in the woodshed. He further stated that from the living room of his home it would be impossible for either he or his wife to see or hear anyone enter the place from the south and into the woodshed. The Moore lies about 500 ft to the north and east of the Casper Oveross residence. Mr. Moore stated that he became quite worried about this gun after he left for work on 18 February 1955. Upon return to his home he checked and found the gun setting in its usual place and the gun was still loaded as he had left it. Mr. Moore stated that there is no definate manner in which the gun is placed in the corner of the woodshed.

The writer and Deputy Shaw then contacted a Shirley Hopkins who lives in cabin 5, Hollin Auto Court, Silverton. Mrs. Hopkins stated Verna Tagelands mother-in-law, a Mrs. Rose Mary Seward, 212 West Center St. Silverton, Oregon, had seen and talked with Casper Oveross about 11:15 PM 17 February 1955. Mrs. Hopkins further stated that on the day following Oveross’s arrest a light, almost white, 49 or 50 Ford came to the Oveross cabin and took one object from the cabin. This was wrapped in a quilt and appeared to be either a broom or gun from the shape of the object. This man was described as slender, dark hair and appeared to be about 21 years of age. The man left and returned in just a few minutes. At this time there was another couple at the house in another car. Mrs. Hopkins stated that she had never seen either of the three before. One of the three was a woman, partly gray hair, short and rather heavy build. Mrs. Hopkins further stated that on the evening of 17 February 1955 she and her brother Duane Mattox, 936 So. Water St. Silverton, were watching television when they heard a car drive up to the Oveross cabin. Someone got out of the vehicle and went into the house and stayed about 10 minutes. From the way the vehicle drove up and the manner the subject went inside the cabin Mrs. Hopkins go the idea it was Oveross, however she did not actually get up and see either the vehicle or the man. Mrs. Hopkins was rather sure that this was between 8:30 PM and 8:40 PM, however she was unable to attach this to any program or other incident to be sure of the time. Mrs. Hopkins heard no talking and assumed that Oveross was alone.

Duane Mattox was contacted and related the same story with the fact added that he thinks he looked outside and noticed that the vehicle that drove up was Casper Oveross’s vehicle and that who ever was driving the vehicle was alone.

The writer and Deputy Shaw contacted Rose Mary Seward. She stated that she and her husband were shopping at Franks Grocery about 8:15 PM 17 February 1955, and that they had seen Casper Oveross in the store buying groceries. She further stated that she and Casper had spoke to each other while shopping. Mrs. Seward said that this is the last time she had seen Casper Oveross and that she had definitely not seen him at 11:15 PM 17 February 1955.

Capital Journal, Monday, February 28, 1955 (afternoon newspaper)
Marion Grand Jury Hears Witnesses in Probe of Slaying of Ervin Kaser

Eleven of the approximately 15 witnesses to be questioned by the grand jury in the investigation of Casper (Cap) Oveross, charged with the murder of Ervin O. Kaser, had been quizzed when the grand jury adjourned at noon Monday.

The grand jury swung into action on the case promptly at 9:30 Monday morning, and indications were that its questioning of witnesses would easily be completed before the end of the day.  A grand jury report today is possible.

Witnesses questioned Monday before noon were: Denver Young, Marion County sheriff, who was in charge of the investigation that resulted in Oveross’ arrest; Edward A. Finley, a relative of Kaser, the murder victim [EK_note: only distantly by marriage.  More notably he was a neighbor]; Mr. and Mrs. Emmanuel Kellherhals, Jr., neighbors of Kaser; Melvin Kaser and Harvey Kaser, brothers of Ervin, and Mrs. Harvey Kaser;  Mrs. Betty Hollin, Mr. and Mrs. Henry Anundson, and William Specht.  All are of Silverton or vicinity except the sheriff.

It was believed others to be called by the jury might include: Ethel Oveross, former wife of the accused man; Wayne Moore, Virgil Huddleston, and a Mr. and Mrs. Gillian.

Members of the grand jury investigating the case are Clarence M. Byrd, Salem, foreman; Ruth D. Teter, Silverton; Anna Adams, Silverton; Durward V. Balweber, Woodburn; Alvin E. Hollin, Silverton; Lester C. Davidson, Salem; and Harvey C. Epping, Salem.

If an indictment is returned against Oveross by the grand jury Bruce Williams, the accused man’s attorney, said Monday that he would move to have him appear for plea before the circuit court at the earliest possible time, and would follow up with an effort to bring the case to trial at an early date.

Kaser was shot and killed in his automobile the night of February 17 just as he had stopped at his garage door at his home near Silverton.  Oveross was arrested after an investigation of several days.

The Statesman, Tuesday, March 1, 1955 (morning paper)
Murder Charge Dismissed; Oveross Released
Jurors Decline To Indict
By Vinita Howard, Staff Writer, The Statesman

A jeans-clad Casper Oveross walked out of the Marion County Courthouse late Monday afternoon freed from the first degree murder charge which had been lodged against him nearly a week ago.

Oveross was released when the grand jury refused to indict him on the first degree murder charge for the Feb. 17 rifle-slaying of a Silverton hop-grower, Ervin O. Kaser.  Oveross, a 44-year-old carpenter, accepted the news calmly. His only comment, made to his attorney, Bruce Williams, when he was brought into the sheriff’s office from his cell was, “Is it true?”

Not Considered Sufficient

District Attorney Kenneth Brown said he had presented all evidence available at this time, but the grand jury had not considered it sufficient for indictment.  “If we get additional evidence later,” he said, “I’ll call in the grand jury again.” Oveross could be indicted at a later date.

The grand jury made its report to Circuit Judge George R. Duncan shortly before 4 p.m. In less than an hour, Oveross had been brought into district court before Judge E. O. Stadter Jr., who allowed a motion for dismissal. Oveross appeared unexcited as he listened to the brief proceedings. His only remark was a quick, “Thank you, Judge,” before he left with his attorneys, George Jones and Williams.

Effects Returned

A few minutes later, Oveross checked out of the Marion County jail after receiving his personal effects, including about $4 in cash, which he had with him when arrested.  In his arms he carried the clothing which he was wearing at the time of his arrest last Tuesday night.  Not until he met his daughter later at the office of his attorneys did he show any sign of happiness or relief over developments which led to his release.

The grand jury, which had been called for a special session by District Attorney Brown, heard evidence from 9:30 Monday morning until mid-afternoon. Since Oveross had not been bound over to the grand jury by a preliminary hearing, the jurors did not have to bring in either a true or not true bill on the matter.

Testimony Given

Sheriff Denver Young, who with state police conducted the investigation that led to Oveross’ arrest, said later that witnesses before the grand jury had cast doubt on Oveross’ story for the time of the shooting, and that others testified he had threatened Kaser’s life.  Oveross, who has steadfastly maintained his innocence, refused to take a lie detector test, Young said.

Other evidence offered to the grand jury attempted to show that Oveross had been at his former home, located near Kaser’s home, the night of the shooting, testimony was introduced attempting to place him in an area close enough to the scene, Young said, so that he could have gone there an returned.

Reports Not In

Ballistics reports and other crime laboratory tests are still being made in Portland, according to Young. Another missing piece of evidence in the slaying is the rifle with which the shots were fired.

Kaser was shot to death Feb. 17 just outside his hop farm on the Silverton-Stayton highway, two miles south of Silverton.  Four shots, one of which lodged near his heart killing him almost immediately, were fired while he was sitting in his car in his driveway.

Oveross, who police say had blamed Kaser for the break-up of his marriage, was charged with first degree murder five days after the starlight slaying.

Sheriff Young Friday night would say only that his office will “continue investigation of the crime.” Meanwhile, the Ford car belonging to Oveross, which officers impounded when he was arrested, is scheduled to be returned to him today.

Seventeen persons were called Monday to testify before the grand jury investigating the first degree murder charge against Casper A. (Cap) Oveross, a Silverton carpenter. Oveross was released when the grand jury refused to indict him on the charge.  Testimony taken Monday by the jurors came from Silverton-area people with the exception of Marion County Sheriff Denver Young and Dr. Homer Harris of the state crime laboratory, Portland.

Others subpoenaed to tell what they knew of the Feb. 17 rifle-slaying of Ervin O. Kaser, Silverton hop grower, were: Edward Finley, a cousin of Mrs. Oveross; Mr. and Mrs. Emmanuel Kellerhals, who live across from the Kaser home; Melvin and Harvey Kaser, brothers of the murdered man; Mrs. Edith Kaser, wife of Harvey Kaser and a sister of Mrs. Oveross; Mrs. Betty Hollin, Mr. and Mrs. Henry Amundson, William Specht, Daniel Gilham, Mrs. Jennie Gilham, Ethel Oveross, Rodney Oster and Robert Barnes.

Members of the grand jury called-in by District Attorney Kenneth Brown in a surprise legal move Friday were: Clarence M. Byrd, Salem, foreman; Ruth D. Teter, Silverton; Anna Adams, Silverton; Durward V. Balweber, Woodburn; Alvin E. Hollin, Silverton;  Lester C. Davidson, Salem; and Harvey C. Epping, Salem.  The grand jury made its report shortly before 4 p.m. before Circuit Judge George R. Duncan. It had been hearing testimony gathered by the state since 9:30 a.m.

Tuesday, March 1, 1955

Sheriff’s Deputy Amos O. Shaw:

8:00 AM On duty and discuss Homicide case, and contacts with Sheriff and Sarg. W. Huffman and State Officer Riegel.

11:05 AM Contact Bob Evans, 5^th. & C street, Hubbard, subject offered theory on murder, however no substantiating facts.

2:30 PM Contact Roy Hage, residence Silverton. Daughter says he knows Casper Oveross however not home now. Will attempt to contact tomorrow.

2:45 PM Contact Omer Bailey, felt it may be advisable to check with Clyde Ramsby, Cutler City Oregon. As Ramsby had sold second hand guns right after the War.

3:00 PM Contact Mr. Craig, Coast to Coast Store, checked back thru his books since 1945, and found no recorded sales to Oveross.

3:15 PM Check books at Hande’s Hardware store again, Larry Oveross has several sales of shot guns recorded. (Found out Larry Oveross is in Air force and family lives in Silverton up by Hospital.)

4:00 PM Check on mileage and time of Ethel Oveross on approximately the same route she used upon leaving Ervin Kaser, night of 17th. Feb. 1955. (Speed was approximately 45 MPH.)

Start Abiqua Creek road at Bridge Mileage 53711.0 Time 3:40 PM No seconds

Finish E. Oveross home Mileage 53718.0 Time 3:51 PM 30 seconds

Total Mileage 7.0 Time 11 min. 30 secs.

4:00 PM Check at W. Moore residence, no one home.

4:15 PM Contact 410 Silver St. Mrs. Opal Burns, was Burns now Nuison, has known Casper Oveross for approximately 1 Yr. Never been on a date with him. Made one trip to Stayton with him approx. 1st. Of Yr. 1955. Hasn’t seen Casper for at least 2 wks. prior to murder.

State Police Private Lloyd T. Riegel:

On 1 March, 1955 Deputy Shaw and the writer contacted Omer Bailey, Silverton, Oregon, relative to his locating the book at Hande’s Hardware which showed the registration of weapons sold prior to 1 Januarary 1950. Mr. Bailey stated that he had looked in the records left by Mr. Ames when he sold the store and that he had been unable to locate the book in which the sale of weapons was registered. Deputy Shaw and the writer checked at Hande’s Hardware and found that on 11 November 1954 that Larry Oveross had purchased a used model 94 Winchester 32 special, serial 1519912. A check was conducted to determine who Larry Oveross was and it was found that he is the son of Lloyd Oveross who is presently in California. Larry Oveross is a member of the United States Air Force and has been for the past year. Deputy Shaw and the writer were unable to determine where the weapon referred to is at the present time or whether the weapon has been sold or traded. It was also determined that the previous owner of Hande’s Hardware, a Mr. Norris Ames is presently living at the Greener Apartments, Cathedral City, California. A letter has been written Mr. Ames requesting any information he may have relative to the sale of a weapon to Casper Oveross.

Opal Burns, reportedly to have been a girlfriend of Casper Oveross, was checked by Deputy Shaw and the writer. It was learned that Opal Burns, now Opal Nuison, has never gone with Casper Oveross. Stated that she has known Casper for several years and their friendship was developed at Shorty’s Tavern during shuffleboard games and tournaments. She stated that she had made one trip to Stayton about the first of the year, that Casper had gone to Stayton one afternoon with reference to a carpenter job that he was attempting to obtain in the Scio area. Opal stated that she knew nothing of Casper’s home trouble and that he had never spoken of any difficulties he was having with his wife and Ervin Kaser.

[Author unknown, almost certainly someone with the State Police]

LEADS CHECKED

Signed statements have been taken from the following people.

Mrs. Ethel Oveross, Rt 3 Box 110, Silverton, Oregon
Mrs. Edith Kaser, Rt 3 Box 109, Silverton, Oregon
Mr. Robert Barnes, Rt 3 Box 96, Silverton, Oregon
Mr. Waldo Rue, Rt 3 Box 93, Silverton, Oregon
Mr. Robert Richie, Rt 3 Box 89, Silverton, Oregon
Mr. Daniel James Gilham, Rt 5, Box 417, Salem, Oregon
Mr. James W. Gilham, Rt 5 Box 417, Salem, Oregon
Jennie Gilham, Rt 5, Box 417, Salem, Oregon
Mr. Gerald Hoyt, 119 Fiske St. Silverton, Oregon (Bartender Town House)
Rodney R. Oster, 115 James St., Silverton, Oregon
Mr. Edward Finlay, Rt 3 Box 112, Silverton, Oregon
Mr. Emanuel Kellerhal, Rt 3 Box 115, Silverton, Oregon
Connie Kellerhal, Rt 3, Box 115, Silverton, Oregon
Betty Hollin, Rt 3 Box 108, Silverton, Oregon
Mr. Julius Gehring, Rt 3 Box 107, Silverton, Oregon
Mr. Charles Hopkins, 208 Main St, Silverton
Mr. and Mrs. Wayne Moore, Rt 3 Box 111, Silverton, Oregon
Mr. Floyd Staiger, Rt 1 Box 301A, Silverton, Oregon
Mr. William Specht, Rt 1, Silverton, Oregon

Leads Checked.

Time element from Ervin Kaser’s residence to the Daniel Gilham residence.
Gun stores in Salem, Oregon- negative results.
Obtained Ervin Kaser’s hat, forwarded to Crime Lab.
Three guns forwarded to the Crime Lab.(Moore, Gilham, Hudelson)
Restaurants in Silverton (For evidence of Ervin Kaser eating late 2-17-55). Negative.
Gun Stores in Stayton, Oregon – Negative results.
Contacted Ronald Heater, Friend of Oveross, negative results.
Contacted Mat Frost, does gun work, mostly stock finishing, negative.
Hardware store in Aumsville, Oregon – negative results.
Gun store in Mt. Angel, negative result.
Checked Earnie Crowder, James Fornier and Willie Bean in Mt. Angel (Negative).
Search of Cabin #6, Hollan Auto Court, Silverton 2^nd and D st
Checked Cemetery Hill Road, Waldo Hills Grange Hall and bridges over Drift creek, in that area. Negative results.
Took measurements of markings on door casing at the Ethel Oveross place. (indicated as markings left by rifle owned by Casper Oveross) 2 markings, 1 – 38 ¼” from floor. 1 – 49 ½” from floor.
Caused a check with the Game Commission on resident hunting license #297104, Casper Oveross. Results unknown.
Checked the Budget Locker and Montgomery Locker for evidence of deer meat and calibre of gun used to shoot deer. Negative results.
Check with Rusty Hudelson relative to Casper Oveross shooting four practice shots at his place.
Safeway Store Silverton, relative to Ervin Kaser purchasing groceries.
Frank Sexton, relative to the time the Gilham boy returned home 2-17-55.
Checked Al Foster, gunsmith Silverton.
Contacted Roy Phillippi, cousin of Ethel Oveross, no information.
Shorties Tavern relative to times Casper Oveross was there and left.
Checked John Seems, relative to Ervin Kaser offering farm machinery for sale.
Drug pond near the Harvey Kaser Residence for possible rifle. Negative results.
Checked residents along road from Silverton to Ervin Kaser residence.
Checked with Anna Kinsey, student nurse who travels this road at 11:00 PM daily.
Check bridges across Drift Creek on the Larden Road. Negative results.
Olson Drug Store, Silverton relative to shells purchased by Oveross.
Check Ray Ruscher and Charles Ertitle, supposedly seen Oveross 2-17-55, 10:00 PM.
Search Henry Oveross Residence 514 So. Water St. Silverton, Oregon. Negative
Check Floyd McMullin, reportedly to have seen Oveross 2-17-55, 12:30 PM.
Checked behind Oveross residence for possible target area and bullets. Negative.
Search residence of Ethel Oveross, and houses behind the Oveross residence. Negative.
Contact Merle G. Eisenhart, statement taken. Gunsmith, 335 Mill St. Silverton. Supposedly had sold Oveross shells and talked guns, seen two guns owned by Oveross.
Check Henry Wellman 3120 Widows Lane, re guns owned by Oveross.

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I have to wonder why D.A. Kenneth Brown decided to have Oveross arrested so quickly.  Public relations?  The murder was high-profile in the news, and he was undoubtedly feeling pressure to make an arrest, and I’m sure that he and the police were convinced that Oveross was the guilty person.  But still, time was on their side, as they were still hunting for the murder weapon, and it had been less than a week.

Once arrested, Oveross’ defense attorney, Bruce Williams, pressed for a speedy hearing, and claimed that if Oveross was indicted that he would push for a speedy trial.  I’m sure he would, as nothing would be gained for the defense by giving the police more time to find further evidence (such as the weapon or records of Oveross buying such a weapon or more witnesses).

The media, as always, intentionally or not, was doing their part to sway public opinion, and both the D.A. and the defense attorneys were taking full advantage of it.  The papers seemed to favor Oveross’ innocence, playing him as a simple family man, calm, claiming everyone in the community disbelieved he could have done such a thing, and reporting his supporting family and friends.  Attorney Williams obviously let reporters into his office (the photo of him and Oveross at his desk), taking full advantage of a little free publicity.  But that’s the nature of newspapers: they’re in business to make money.  If it bleeds, it leads.  They like the drama, they like a good story, because drama and stories sell papers.

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Silverton Appeal, March 4, 1955 (weekly newspaper)OVEROSS IS FREED; AVERS INNOCENCE
Thanks His Friends for Confidence

A fast-moving kaleidoscope of events starting Friday and ending Monday resulted in freeing Casper Oveross from the first degree murder charge lodged against him Feb. 22 for the Feb. 17 “ambush slaying” of Ervin O. Kaser, 49-year-old Evergreen district hop man.

The 44 year old Oveross returned to Silverton ready to take up his vocation of part time farming and carpentering that had been interrupted with his arrest in connection with the killing.  This week he was working on a building job near Oregon City.

Oveross, other than reiterating his innocence, referred all other questions to his attorney, Bruce Williams, in Salem, and said he personally had nothing to add to what had already been said and done. He said he wanted to thank all of his friends and acquaintances in Silverton for maintaining their confidence in him despite the circumstances that brought about his arrest.

The prevailing sentiment in Silverton from the time of his jailing was that he was innocent of the crime of which he was accused and many openly voiced the hope that he would not be held. Oveross was given his freedom late Monday afternoon when the Marion county grand jury, reporting to Circuit Judge Geo. R. Duncan, refused to indict him on the basis of the evidence presented.  And Judge F. O. Stadter allowed motion for dismissal. Oveross received the news with the same calm that he had shown during his incarceration, and displayed joy later when joined by his daughter.

District Attorney Kenneth Brown, commenting on the grand jury action, said his office had presented all facts available and the grand jury had not deemed it sufficient for indictment.  The district attorney called attention to Oregon revised statutes “Who the grand jury may indict or present,” and “When the grand jury should indict.”  (1)–The grand jury may indict or present a person for a crime when it believes him guilty thereof, whether such person has been held to answer for such crime or not.  (2)–The grand jury ought to find an indictment when all the evidence before it, taken together, is such as in its judgment would, if unexplained or uncontradicted, warrant a conviction by the trial jury.

Brown said the grand jury would be reconvened if his office receives additional evidence at a later date.  The district attorney pointed out that a “preliminary hearing was not the right of a defendant held on a felony charge.  Such hearings originated in early days to provide a defendant with a speedy hearing and not subject him to unnecessary time in jail awaiting grand jury action.”  The district attorney stressed the importance of being sure of each step in such a case.

The district attorney last Friday summoned the grand jury for Monday of this week bypassing the scheduled preliminary hearing set for Wednesday.  The action took principals in the case by surprise.  It was explained that grand jury testimony is secret whereas that of a preliminary hearing is open to the public and forces the state to reveal the kind of evidence it has against the accused. Brown said it was not uncommon to do this and he took the step to speed up the case. Defense counsel opposed the move but was overruled by Judge Edward O. Stadter who said the district attorney was acting legally.  An attempt had been made to get the preliminary hearing set for Saturday.

Witnesses appearing before the grand jury reportedly testified about coincidences of time and place of the defendant on the night of the shooting; about threats made on Kaser’s life; and offered other testimony which purported to show that Oveross had been at his former home in the neighborhood of the Kaser place on the night in question.  Doubt was cast, it was said, on Oveross’ story for the time of the shooting.  Oveross had allegedly blamed Kaser for breakup of his marriage.

Kaser was shot in the back February 17 while he was preparing to get out of his car in the driveway of his home near Evergreen on the Silverton-Salem highway [EK_note: no, the Silverton-Stayton highway].  Four shots were fired, one of which lodged near his heart, killing him instantly.  The time of the slaying was set at 10:55 p.m.

Witnesses called before the grand jury included Denver Young, sheriff of Marion county, who led the investigation, E. A. Finlay, a relative of the deceased Kaser, Mr. and Mrs. Emanuel Kellerhals, Harvey Kaser and Melvin Kaser, brothers of the slain man, Mrs. Harvey Kaser, Mrs. Betty Hollin, henry Anundson and Mrs. Anundson, Daniel Gilham, Mrs. Jennie Gilham, Ethel Oveross, Rodney Oster, Bob Barnes and Dr. Homer Harris of the state crime laboratory of Portland.

The grand jury was composed of Clarence M. Byrd of Salem, who served as foreman, Ruth D. Teter of Silverton, wife of the late Dr. E. A. Teter, Mrs. Ralph Adams of Silverton, Durward V. Balweber of Woodburn, Alvin E. Hollin of Silverton, Lester C. Davidson of Salem and Harvey C. Epping of Salem.

Blogically yours,
Everett