If anyone had any doubts that the DeAutremont brothers would be facing death by hanging, those doubts were quickly put to rest when Neuner, looking directly at Hugh, asked the first prospective juror if he had any objections to hanging the guilty. The first juror answered that he did not object to death by hanging. When next asked if he objected to hanging based on circumstantial evidence, he replied that he would have problems with that. Neuner used a preemptory challenge and sent him packing. By noon on the first day both sides had decided on four men and two women, all of whom stated that they could be impartial and impose the death penalty if need be.
The local Jacksonville restaurants had never experienced such lunch crowds. The town was bustling to the point that the Eastern Star ladies set up a box lunch operation in the lobby of the U.S. Hotel.
After lunch on day one, the jury selection continued with tempers flaring. A farmer from the nearby town of Central Point stated that he had formed some opinions about the crime based on what he"d read in the newspapers. He then added, “You"d have to be a hermit not to.” The prosecutor declined to put him on the jury and he left the courthouse with a story he could tell for years to come. Hugh"s attorney, Fred Smith stated, “I"m beginning to think the prosecution here isn"t going to be happy with the jury until he has 12 men who own rope concessions. He seems to be saying that none of the fine citizens of this county can be trusted unless they are for the death penalty.” Another time, Collier made the comment, “It"s unfortunate that the lawyers are not on trial in this case.” To which Roberts stated, “But Mr. Collier, the lawyers are liable to be on trial before this case is ended.”
As the jury selection dragged on, one prospective juror, a farmer by the name of Frank Tompkins was asked if he could support the death penalty based on circumstantial evidence. He said he could not do so even when “adduced to mathematical certainty.” When pressed he said, “He understood every act of his own life was shaped by circumstances.” Finally both sides rejected him and the judge excused him. Any prospective juror who had worked or who had relatives who worked for Southern Pacific Railroad were excused. Those who were opposed to the death penalty based on circumstantial evidence also found themselves on the other side of the door. Those who said that Belle"s presence in the courtroom might influence their decision were passed over. Prospective juror, Edward Kinney was dismissed when he admitted to living in Ashland and knowing Elvyn Doughtery, the mail clerk who lost his life in the explosion. When Smith asked a prospective juror, R.L. Ray a local farmer, if he knew any of the prosecuting attorneys well enough to give them a chicken, laughter broke out amongst the spectators but was quickly extinguished by Judge Thomas.
Hugh"s attorneys were sure that before the trial got underway, the two females would be dismissed. Sure enough the next morning Neuner questioned each of the women again. Mrs. Lillie McKee whose ancestors had come overland and settled in nearby Applegate Valley was asked by Neuner, “As a woman, don"t you feel that your maternal instincts might cloud or sway your judgment?” Mrs. McKee firmly stated, “No, I would be no more influenced by my emotions than a man who might see his son in Mr. DeAutremont.” Mrs. Laura Alming of Medford also stated that she would not be influenced but it was to no avail. Both females were dismissed by the prosecution.
By the end of the second day of jury selection, 12 men, aged 33-62 had been impaneled to decide the fate of Hugh DeAutremont. They included, Al Piche, Medford (merchant), Fred Fredenburg, Medford (contractor), James E. Clemons, Medford (farmer), F.E. Wiley, Central Point (merchant), S.W. Durham, Medford (clerk), S.M. Bush, Central Point (laborer), E.N. Judy, Medford (farmer), S.E. Heberling, Central Point (miner), C.W. Davis, Medford (civil engineer), H.W. Ward, Eagle Point (farmer), Frank Earhart, Medford (farmer), Nick Kline, Medford (farmer.) In all over 200 people had been questioned. Hugh later told the waiting reporters, “as a whole I"m satisfied with the jury as it looks now. Too bad there weren"t a couple of women, but I guess Neuner doesn"t trust them.” Although there weren"t any female jurors there was one female reporter by the name of Mary Greiner. Fresh out of college she was covering the story for the Medford News. Years later Mary recalled feeling very proud of herself to be amongst veteran reporters from the Associated Press and newspapers as far away as San Francisco and Seattle who had come to cover the story. Mary became friends with Hugh and his mother while interviewing them and the friendship lasted many years.
After almost four years of waiting, the day finally came. The much awaited trial got underway on Wednesday, May 4, 1927. Both Belle and Paul were there to show support for their son. There was a special area roped off in the courtroom for the victim"s families.
The beautiful brick courthouse had certainly seen its fair share of murders, especially in the early days when the town bustled with men from around the world all in search of the same thing – GOLD! Perhaps it was fitting for the old courthouse that its last trial was to be one of Oregon"s most intriguing and would be followed by people from around the country. As the grand old brick building beckoned locals one last time, it was as if to say, „this may be my swan song but at least I"m going out with a bang!" The cars that brought reporters from as far away as Portland, Seattle and San Francisco looked a bit out of place in a town that had remained virtually unchanged since the 1850"s. Many of the townsfolk could recall when hitching posts were used out in front.
The prosecution got underway by confidently telling the jury that Hugh DeAutremont was responsible for the crime that took place at Tunnel 13 on October 11, 1923. Roberts demanded the death penalty for the defendant and assured the jury he would introduce evidence that would absolutely justify such a penalty. Roberts proceeded to lay out the months leading up to the crime by telling of how the three brothers worked together at the Silver Falls Lumber Company. He stated while working there, Hugh went under the alias of E.E. James. Roberts said he had witnesses linking Hugh to the cooking utensils found at the hideout as well as a large can of pepper. He explained that the pepper had been used to throw off any tracking dogs used to find the responsible party.
In Smith"s opening statement he boldly informed the jury that Hugh was innocent and that he had “an entirely blameless record,” and this was the first wrong doing he"d ever been accused of. He asked the jury to keep an open mind and not be influenced by the ghastly details of the crime.He went on to say, “the defendant and his brothers deplore the crime as much as anyone could and we will show you the defendant had nothing to do with it. Hugh DeAutremont only arrived in Oregon for the first time in his life a few months before this crime was committed, and shortly after he was graduated from the high school in Artesia, New Mexico with high scholastic honors and a splendid reputation as an allaround athlete.”
The first witness for the prosecution was C.O. Merritt, the conductor on board Train 13 that fateful day. He described how he, along with Coyl Johnson and Herb Micander heard an explosion and set off to find out what had happened. Realizing that the smoke was too thick and seeing flames up ahead, Merritt and Micander decided toturn back. Merritt spoke of Johnson"s concerns for the crew and his decision to see if he could get closer to be of assistance. Merritt stated that Johnson headed off with his railroad torch and that was the last time he saw him alive. Mrs. Johnson was visibly upset and crying during the testimony which only got worse when Merritt described later finding Johnson as he gasped for his last breath. Merritt went on to tell of finding Bates and Seng who had been killed execution style.
Things did not get any easier for Mrs. Johnson when Herbert Micander, a surveyor for Southern Pacific Railroad testified that when he reached the crime scene, Johnson was in a sitting position on the ground near the tracks and breathing heavily. He testified to seeing Seng flat on the ground by the track. He also stated by the time he was able to reach Bates, it was too late. He later assisted in carrying Bate"s body to the entrance of the tunnel. Micander related how he had run to the next station to get help only to discover he could not communicate with the Siskiyo
u Station. He then ran to the White Point station to alert the train crew there that help was needed at Tunnel 13. He caught a ride on a train from the White Point station to the tunnel and assisted the crew in moving the burning mailcar out of the tunnel.
The next witness was Hugh Huffy who had peeked out the express car window. Huffy described the men he had seen as being fairly large, 150-160 pounds and wearing khaki coats and pants. Collier immediately pointed out that Hugh was 5"6” and 120 pounds.
The rear brakeman, J.W. Benjamin testified that he gave the brakes a “running test” on the front platform of the rear car. He said he got out when the train stopped and he saw a man in the tunnel pulling on a wire (referring to the wire used to detonate the dynamite.) He said the man was wearing overalls and a cap similar to what a railroad worker would wear. Collier on cross examination asked him how difficult it would be for someone to purchase railroad work clothes. Benjamin stated, “Pretty easy I guess.” It was Benjamin who found the .45 semi-automatic which was introduced as evidence. He stated the gun was loaded and cocked without a safety on. The second day of the trial brought former Deputy Sheriff Leon D. Forncrook to the stand who was the one who had initially checked the pockets of the overalls. Collier stated, “The defense contends that Roy DeAutremont was framed, that someone put that receipt in the overalls after they were examined. If we can show that the witness did inspect the pocket, and found nothing after a thorough inspection, then we can prove Hugh DeAutremont is innocent.” Collier asked Forncrook if he inspected the overalls thoroughly and found absolutely nothing to which Forncrook replied, “That"s right.” Collier stated, “That"s all” and with great flourish tossed the overalls down on the floor as if to say they were worthless as evidence.
Each day the crowds fought for a spot in the courtroom. Ladies took a day off from their usual chores of washing, cooking and cleaning and headed to the courthouse in the hopes of getting one of the coveted seats. High school students took to playing hooky from school until the judge warned them the school was going to send the truant officer after them. The competition was so great to get a seat in the courtroom that on the second day of testimony, a verbal altercation broke out between two females. One had apparently placed a coat on a vacant chair in an attempt to save a seat. The other female found that to be completely unacceptable and heated words were exchanged.
Day three brought railroad investigators to the courthouse to testify about finding bullets in trees, allegedly from the brothers doing target practice. Introduced into evidence were 65 bullets recovered from trees near Tunnel 13, frying pans and camping utensils found in the hideout, a can of Mazola oil, tin cans used for target practice and a clump of thread that had once been a quilt before it was allegedly placed over the detonator during their practice sessions. During the lunch recess Hugh told the reporters, “Boy, those Southern Pacific boys brought everything but the bacon from those camp sites.” He also said, “Say, I see by the papers that I like to have my picture taken. Actually I don"t, but I just can"t seem to get away from it.”
That afternoon one of the jurors, S.W. Dunham complained of feeling ill but decided he would stay for the remainder of the day. Testifying that afternoon was Dr. Holt, a Jackson County coroner. He testified to how he had recently exhumed the body of Coyl Johnson in an effort to determine the type of ammunition used to kill him. He described in great detail the wounds much to the discomfort of the jury. Dr. Holt was never able to make a definite statement as to whether or not the bullets found in the trees matched the bullets that killed Johnson. This was extremely hard for the widow of Coyl Johnson to endure.
Those on the jury probably knew they would have a story to tell for the remainder of their lives. That alone was not enough to contain their boredom as one witness after another testified. Reporter Mary Greiner wrote about how one juror kept taking his shoes off and wiggling his toes and how another juror brought in a sack of peanuts and proceeded to munch on peanuts all day. She also wrote about one juror who never stopped chewing gum or as she put it, “he chewed through each of the 63 bullets, the wire, the hinges, the iron rods. He chewed through the black grip with its needle and spool of black thread, through the brown cap and blue overalls. He smiled and chewed and he dozed and chewed. He chewed through the battles between the counsels and the rulings of the judge.” During the lunch recess some of the jurors held mini track meets and competed in running and jumping.
When court was in session there were occasional outbursts and sparring between the attorneys such as when Collier said, “We are aware of the state"s obvious haste to hang an innocent young man.” Neuner responded, “Then the defense should try to stick to facts rather than relying on fiction and hope!” Judge Thomas had had enough and stated quite forcefully, “Gentlemen, you attorneys know how to conduct this case as well as I do, and there is no necessity for arguments of a trial nature. I expect this case to be tried as it should be and along that line we shall proceed.”
On Saturday, May 17 th a half-day session was held and although juror Dunham was still not feeling well, he did manage to make it through the morning. It was reported that a doctor had attended to him twice during the night. The jurors were sequestered in one large room of the Holland Hotel in Medford. They complained that there were so many cots in the room it was difficult for anyone to navigate around them.
Court reconvened on Monday morning but juror Durham was still not feeling well. Nevertheless he was determined to carry on despite his illness. Doctors believed his maladies stemmed from gall bladder and stomach problems.
Monday"s testimony brought Robert Chandler to the stand. He worked for the Colt Gun Manufacturing Company and had traveled by train from Hartford, Connecticut. He explained to the jury that every gun manufactured by their company had a secret number inside. Chandler showed the inside number to the jury and explained that the reason for such a number was to, “assist us mechanically and be of assistance to justice.”
Later that day the jury heard from Henry J. Lochan from Seattle, Washington who worked for the Schwabacher Hardware Company. His testimony explained the timeline regarding the pistol. He testified that his company had purchased the pistol directly from the manufacturer. His company, in turn had sold it to Hauser Brothers of Albany, Oregon.
Paul Hauser then took the stand and identified the paperwork showing that he had ordered the gun and had it shipped to his store in Albany. His clerk, J.L. Bonwell was the one who sold the .45 Colt pistol found near the crime scene. When Collier asked if the defendant had been present during the sale, Bonwell couldn"t remember one way or the other. Things got even murkier when Bonwell was questioned by Collier about a date written on the registration card, 10-30-23. The defense contended that was the date the sale took place (meaning it couldn"t have been found at the crime scene.) The prosecution fought that it was simply a date written on the document by Southern Pacific Railroad Agents during the investigation.
During the noon recess juror Dunham laid down on a sofa in the Judge"s chambers. When court resumed Judge Thomas asked that Dunham let him know if he was feeling ill. Dunham replied, “I will be all right.” The next day when he still wasn"t feeling any better, the court had three doctors evaluate him. They concluded he was suffering from an acute infected gall bladder and that his ability to return to jury duty was “uncertain” and the time needed for him to recover was “indefinite.” Judge Thomas said he wanted to avoid a mistrial and therefore a decision was reached between the defense and the prosecution to postpone the trial for ten days. Dunham was allowed to leave the hotel and return home in order to rest. The other jurors had to remain at the hotel while waiting to be called back to jury duty. On Wednesday, May 11, 1927 Dunham died at his home in Medford. He was 63 years old. The court dismissed the jury and declared a mistrial. The local newspaper reported the jurors were as, “Happy as schoolboys and made no effortsto hide their joy upon learning of the news.”
It was decided that a new trial would begin in September. Hug
h was returned to his jail cell to begin waiting out a long, hot summer in confinement. No one could have guessed the excitement that the small gold rush town of Jacksonville would see during the month of June.
Chapter VIIII
Much to the dismay of Hugh"s attorneys, Judge Thomas announced that a new trial would begin on Monday, June 6, 1927. Hugh"s attorneys fought that a second trial would violate Hugh"s constitutional rights under the double jeopardy rule. The judge ruled that it would not. Grasping for straws, the defense argued that a trial held in Jacksonville would not be valid since the county seat was now in Medford (where a new courthouse was being planned.) Judge Thomas assured them that simply was not true.
The crowds were not what they had been the first time around as interest waned a bit for the second go-around. That feeling was summed up quite well by prospective juror Gordon Stout, an automobile mechanic from Medford who when asked if there was any reason he could not serve on the jury, replied, “I know of no reason why I can not serve, except that I don"t want to.” Mr. Stout soon found himself along with 11 other men sitting on the jury that held Hugh DeAutremont"s life in their hands. For the second go-round the jury consisted of: Gordon Stout, Medford (automobile mechanic), Clyde Higgins, Medford (secretary), Robert Like, Ashland (retired), M.J. Kearney, Central Point (orchardist), R.S. Daniels, Medford (electrical engineer), Henry W. Frame, Phoenix (farmer), L.O. Norcross, Ashland (landlord), Paul R. Martin, Central Point (farmer), Earl W. Weaver, Central Point (clerk), W.W. Hittle, Gold Hill (farmer), Fred Dutton, Medford (farmer) and W.R. Darby, Ashland (laborer.) In all 288 citizens had been questioned for the second trial.
Court proceedings got underway on June 10, 1927 but there was a different tempo in the courthouse. Hugh"s attorneys were worried the recent capture of Hugh"s older brothers could have a detrimental effect on his case. There had been a certain amount of sympathy for Hugh, a young soldier facing the death penalty. His attorneys feared that would evaporate once the twins arrived from Ohio.
The DeAutremont Brothers Page 6