Special Prosecutor Roberts made no bones about his intentions when during his opening statement he said, “The State expects and demands that Hugh DeAutremont pay with his life, for the murder of four men during the progress of the Siskiyou tunnel hold up.”
In turn Smith for the defense started out by stating, “You have listened to an opening statement by the state that has taken you hither and yon. But no where have they connected Hugh DeAutremont with the sad tragedy. Every movement of this boy in the state of Oregon will be explained by evidence.” Smith spoke of Hugh"s childhood, the fact that he was only 19 and fresh out of high school when the crime occurred. With that the first witness took the stand, C.O. Merritt the conductor of the ill fated train. He recounted once again the events he witnessed on that autumn day nearly four years before.
Next John Barr of Ashland who worked for the Park Garage identified Hugh as the driver of the green Nash that had been damaged when he hit a cow. Barr stated that Hugh was going by the name E.E. James and he had visited the shop on three different occasions while waiting for the radiator parts to come in. He identified a brown cap that had been found near the tunnel, as one similar to what the defendant had been wearing.
A.F. Stowe of Portland produced the contract signed by R.A.A. DeAutremont for the purchase of the Nash automobile. He described the three men involved with the sale, by saying that two of them were about 20 years old and the other man with them was a bit younger and had a slight build.
The state introduced into evidence an application for a driver"s license signed by E.E. James who they contended was Hugh DeAutremont. A postal inspector described how the bandits had placed a quilt over the detonator when they were practicing using dynamite which blew the quilt to shreds just leaving clumps of thread. Bits of the quilt were found in nearby trees. The prosecution held that the quilt was a gift from a friend who lived in Silverton. They claimed it had been given to the boys shortly before they left for the Siskiyou Mountains.
Harry Lochan and Paul Hauser made another appearance to describe the Colt .45 pistol transaction. Bonwell returned with a clearer memory of what was written on the state registration card and stated that, “I have had time to think it over.”
A man by the name of A.Z. Germonte from the Silver Falls Lumber Company positively identified Hugh as the man he knew as E.E. James. Mrs. Stella Walters who worked for the Berger Hardware Company traveled from Portland to identify the pans and cutlery found at the hideout as those sold at her store based on the price tags. She could not, however identify Hugh as being the one who purchased the merchandise.
Things heated up when G.R. Moore, a member of the National Guard who assisted with the search in the Siskiyou Mountains testified that he had found three canteens near the hideout. Collier made the point that all National Guardsmen used army canteens similar to those found. He went on to say that the National Guardsmen also carried .45 automatic revolvers similar to the one found near the crime scene. Before he was done he suggested that the Guardsmen were the ones responsible for shooting bullets in the trees in the mountains. Moore declined to deny or affirm if that was true. The state vigorously objected to this line of questioning and both counsels were warned by the court to not engage in extended arguments.
J.W. Martin of Southern Pacific Railroad testified he had seen two men lurking in the railroad yards just before the explosion. However, he described the men as being taller and stockier than any of the DeAutremont brothers.
Another Southern Pacific Railroad employee, Ray Finnernan, of Dunsmuir testified that he had seen two men before the holdup but he also described them as being larger than the DeAutremonts.
As the days wore on the state offered up one witness after another and everyone wondered what if anything the defense would have to offer. That question was answered on June 17, 1927 when Hugh"s mother took the stand. The packed courtroom fell silent as Belle spoke in defense of her son. She described Hugh as “better than the average good boy.” She related his early childhood which culminated in his graduating with honors from the high school in Artesia, New Mexico. In contrast she said Ray and Roy had left home at the age of 16 to live with their father and she had not been in close contact with them. Belle testified that she operated a small grocery store in Lakewood, New Mexico. She said she received two telegrams from the U.S. Government Postal Inspectors asking her to travel to San Francisco at the government"s expense to talk to her son who was being held at Alcatraz Island. Belle said upon her arrival she was met by Chief Postal Inspector Riddiford and Inspector Demming who told her she needed to get Hugh to plead guilty and make a confession. She went on to say that Riddiford told her that,“the government has an unbeatable case and if all the witnesses died, we could still convict Hugh.”
A postal inspector called by the prosecution had testified that he overheard Hugh say, “Mother it must be hard to know your 19 year old boy went wrong but I didn"t mean to do it.” Belle adamantly denied that Hugh ever uttered those words. Belle recalled Hugh giving her a big hug and saying, “Mother I am not guilty.” She went on to say that upon learning what the inspectors had asked of her he said, “I"ll not plead guilty to something I never did.” During cross examination Belle said that she was told by Riddiford that she had to turn over any notes that she exchanged with Hugh during their time together. She did admit there was one note that Hugh had chewed up but she claimed it was only an address where she could contact him through a prison official. Belle wept during her entire time on the stand. When she finished testifying she sat directly behind Hugh who tried to comfort her.
The next witness for the defense was Mrs. L.J. Morton of Eugene who attempted to give Hugh an alibi. It was her testimony that the three boys had been boarders at her apartment house from September 26 through October 10, 1923. It was during this time the boys were living in the Siskiyou Mountains. Apparently she was trying to give them an alibi right up until the time the crime took place. Mrs. Morton produced register sheets showing the names Ray and Roy DeAutremont. It was her testimony that a third man lived with them but that he worked nights and she hardly ever saw him. Under cross examination Mrs. Morton admitted she was an acquaintance of Paul"s and they"d discussed the accusations against his sons. When the state suggested the register sheet had been altered,she quickly stated, „I am not a very neat bookkeeper.” Mrs. Morton denied having ever altered the sheet in question. She further said, “That nobody understood my bookkeeping but myself, and I thought it was all that was necessary.” She made a positive identification of Hugh and stated once again that he had been one of her boarders.
The defense then called George Inlow to the stand. He worked as a carpenter for Southern Pacific Railroad and had helped the posse immediately after the search. When questioned by the defense he said there was, “Considerable shooting going on” referring to the trees riddled with bullets.
Things heated up again when the defense called J.E. Shelton of Eugene to the stand. Shelton was the managing editor of the Eugene newspaper, The National Guard. He was asked to testify to the “irregularity of the mail service on the day of the holdup.” The defense wanted to show it was an inside job. When the state vehemently objected, the judge asked both sides to join him in his chambers. Upon exiting the judge"s chambers, the witness was excused.
The defense then read depositions from people who had known Hugh when he lived in New Mexico. They included a school teacher, a banker, a dentist, three housekeepers and a young boy. Each of them had glowing remarks about Hugh"s character.
Earlier Smith had told reporters, “We do not know yet whether Hugh will go on the stand or not. That will be decided when the time comes, but we rather think he will be the final witness for the defense.” The packed courtroom was noticeably disappointed when the defense rested without Hugh ever taking the stand.
All eyes were on Joseph Moore when he took the stand on Thursday, June 16, 1927. Moore had been responsible for transporting Hugh from Manila to the United States. Moore got to
know Hugh during their journey and even asked him what charges he was facing back in the states. Moore testified that Hugh never gave an answer to that question. He did say that Hugh, when asked about the wanted poster commented that it,“must have been taken from my high school annual.” Hugh, he testified, told him he finally admitted his true identity because there was no other way out. He went on to say that Hugh said, “I don"t see any way out of it, if the handwriting expert says it was my writing.” Moore testified that Hugh recognized a man aboard the transport Thomas who in their first meeting in 1924 while at Angel Island saw the wanted poster and commented to Hugh that one of the men looked like him. Moore stated the other man remembered that incident and when asked about it he overheard Hugh say, “I guess that man was me.”
Later that day Chief Postal Inspector C.B. Riddiford took the stand. He testified that he first spoke with Hugh at Alcatraz Island. Riddiford confirmed that he had sent for Belle in the hopes she could get a confession from her son. He denied that anyone had listened in on their conversation and went so far as to say that at Belle"s request all Dictaphones had been removed from the room she and Hugh occupied. Collier on cross examination managed to get Riddiford riled up when he grilled him as to what ruses he had used to get Hugh to talk. The dramatics played out when the state continually objected to that line of questioning.Finally Riddiford said, “Unless you cease your insinuations Mr. Collier, I will ask the protection of the court.”
Other witnesses proved to be less dramatic such as H.P. Love a salesmen in a general store in Eugene who testified that he sold two canteens and two knapsacks to Roy and Ray who he identified by their photographs. Love stated the twins had come into the store in September 1923, selected the items and placed a $3.00 deposit on them. He said the boys returned on September 13, 1923 along witha “third fellow” who he partially identified as Hugh and picked up the items. Love"s son, George also identified Roy and Ray from the poster but was unable to confirm that Hugh was the third man with the twins. George did, however identify the canteens and knapsacks as having come from their store.
Next R.W. McCullough a manager of People"s Supply Store in Eugene also identified the twins from the poster as having been in his store along with a third man and together they purchased some grocery items including a can containing a pound of pepper that was later found near the crime scene. McCullough had a sales slip for the order dated September 14, 1923. He recalled carrying the items out to a green Nash automobile.
A fellow worker at the Silver Falls Lumber Company, O.B. Hitchcock identified Hugh as the man he had known as E.E. James. He said that he had also known Roy and Ray under their aliases. He recalled that the brothers owned a trunk they kept under the bed. Hitchcock saw a copy of the book, The Life of Jesse James on a table they shared. Hitchcock had worked as a trunk and cabinet maker so he paid attention to their trunk and noticed that it had unique metal straps. When questioned by the state, Hitchcock identified the straps found in a burn pile near the hideout as being similar to those on the trunk he had seen.
There was excitement in the air when Professor Heinrich of California State University, Berkeley took the stand. He related his findings after examining the evidence left at the crime scene. When asked about his qualifications Professor Heinrich stated that during the war (World War I) he worked for both the American and the British governments as a secret service agent. His job was to decode cipher messages. He went on to say that he had been an expert witness at many “celebrated western civil and criminals actions” during his career in forensics. He testified that after examining the overalls, it was his opinion that the owner was left handed, was between the ages of 20-25 years old, worked as a lumberjack, was an undersized man and a “neat dresser in city clothes.” He reiterated that he had found a postal receipt inside the pencil pocket of the overalls. He also testified that he analyzed the handwriting characteristics of William Elliott and Ray DeAutremont and believed them to be one in the same. The defense was able to get Heinrich to admit he had been given the title “professor” when in fact he did not have the credentials to back that up. He did say he was a consulting criminologist.
Later that same day Harry S. Bartow, a postal clerk in Eugene testified the receipt located in the overalls bore the number 2361. He was able to show the jury where he had placed his initials on the receipt at the time of the transaction. He explained that the post office records showed the registered letter had been sent by Ray DeAutremont on September 14, 1923 to Verne DeAutremont in Lakewood, New Mexico.
A friend of Hugh"s, Jack Vick who was aboard the Thomas took the stand and contradicted Moore"s testimony by saying Hugh had a conversation with Corporal Foos who said to Hugh, “I think I have seen your picture before.” To which Hugh replied, “There are a lot of people who look alike.” Vick had lied about his age in order to enlist in the U.S. Army before he was 18 years old. Once in the Philippines, his age had been discovered and he was discharged and sent back home which is why he was on the Thomas. He thought of Hugh as a big brother and had gone to considerable effort to reach Hugh"s trial by riding the rails and hitchhiking all the way from Arkansas. A few years later Vick was killed while trying to grab hold of the rails of a moving freight train.
The state called Postal Inspector O.B. Welter to the stand to rebut Mrs. Morton"s testimony. Welter testified he had interviewed Mrs. Morton and she had said at the time that she was unable to identify the brothers as her boarders. Welter produced a statement signed by Mrs. Morton to that effect.
On Monday, June 20, 1927 large crowds began to gather two hours before the courthouse opened all vying for a seat inside where they could listen to the long awaited closing arguments. The court was going to allow each side six hours to make their best case as the sensational trial came to a close. Special Prosecutor Roberts began by paying tribute to those who had given of their time to sit on the jury. Roberts outlined Hugh"s life from the time he graduated from high school by saying, “he left behind his law abiding career.” He spoke of Hugh"s arrival in Oregon and joining Ray and Roy at the Silver Falls Lumber Company while using the alias of E.E. James and in doing so denying he was related to the twins. He said it was during this time the brothers made plans to hold up a train. Roberts stated the handwriting on Hugh"s application for a driver"s license as well as on a paycheck made payable to E.E. James matched that of Hugh DeAutremont. He reminded the jury that John Barr identified Hugh as a customer of the Park Garage at the end of September 1923 thereby discrediting the witness for the defense, Mrs. Morton who claimed the brothers were boarders of hers during that time. Roberts made his point by shouting, “Hugh DeAutremont could not have been sleeping in her apartment house on the day and dates he was paying visits to an Ashland garage.” In reference to the defense theory that others had shot at the trees in the Siskiyou Mountains, Roberts told the jury, “The defense will tell you it is the custom of people to shoot at trees. But they do not shoot a tree trunk the size and height of a man.” At one point Roberts held the Colt .45 automatic pistol in his hands declaring, “The state does not claim this pistol belonged to the defendant but we do claim it belonged to Ray DeAutremont. It was dropped from his pocket as he boarded the train. Ray and Hugh were the two men seen and Hugh must have had a gun. And this man, shouted Roberts while looking directly at Hugh, shot Sidney Bates, the engineer cold bloodedly, with less consideration than you would show for a dog. The moment that train stopped Sidney Bates was brutally slain. And then at the point of a gun, he marched Marvin Seng, the fireman from the cab, compelled him, his arms upraised to face the tunnel and slew him in diabolical savagery. And when the slaughter was over, all they could think of was kill and run, and kill and run they did!” Marvin Seng"s mother, wife and child could be heard crying during this part of the closing arguments. Roberts reminded the jury that the defense had challenged the state early on to connect Hugh with this crime and promised they would explain his movements while in Oregon. Roberts then stated, “We have connected thi
s defendant with the crime but we are waiting for the explanation they promised. Just before noon Roberts finished his closing remarks by demanding the jury find Hugh guilty and order his death by hanging.
The closing arguments from the defense were much calmer. Collier referred to the state"s theory as “the great conspiracy.” He stated, “Not a scintilla of evidence points directly to Hugh DeAutremont as the slayer except that Special Prosecutor Roberts thinks that Roy DeAutremont lost his gun, and therefore the defendant must have killed Coyl O. Johnson. The state hasnever placed a pistol in Hugh"s hand, and the nearest they placed him to the scene of the crime is a mile and a half away.” In reference to the evidence, Collier said, “This circumstantial case looks too good. Everything that wouldn"t burn was burned and everything that would burn, was not burned. How this came about is a matter for your serious consideration.” Collier then stated that a can of Mazola oil was found near the crime scene yet the grocery receipt where the brothers allegedly purchased items in Eugene clearly showed they had purchased Wesson oil not Mazola oil. In summary Collier said, “You can"t hang a man on a theory, gentlemen, you can"t hang a boy because he read Jesse James. I read Jesse James myself, so perhaps have some of you. You can only hang a man under the law on evidence, and I repeat there is not one scintilla of evidence in this case connecting this defendant with this crime.” With those words, day one of closing arguments ended and the attorneys for both sides retreated to their offices to plan for probably the biggest day in their careers– the very last day of Hugh DeAutremont"s trial.
Day two of closing arguments had barely gotten underway when the fireworks began between the attorneys. U.S. District Attorney Neuner loudly objected to the defense"s theory that Hugh had been framed. Neuner speaking directly to defense attorney Newbury shouted, “And you said we were basing an inference upon an inference.” Newbury bristled and said loudly, “Talk to the jury, not to me. I"ll talk to you outside.” Neuner wasted no time in shouting back, “I"ll talk to you inside where I like to talk to you and I"ll talk outside to you.” The judge got both sides calmed down but not before Neuner referred to the “ridiculousness of the defense.” In reference to the fact that the prosecutors only had circumstantial evidence, Neuner reminded the jury, “Somebody shot Coyl Johnson in the back while he withered with seven buckshot in his abdomen. The shells and cartridges don"t prove it but it is a circumstance consistent with guilt.” He further said, “The post office receipt in the overalls is called manufactured evidence. When you go home after your deliberations, rummage your old suits and see if you don"t find evidence.” In closing Neuner said, “I want this jury to comb this evidence with a fine tooth comb, and at every turn of the road they will find three men– the three men in Eugene stores, the three men in the Silverton camp and the three men in Portland. This is not a mutual benefit society, shouted Neuner. We are here trying a murder case much as we regret it. It is a duty of the prosecution to demand the death penalty for Hugh DeAutremont.”
The DeAutremont Brothers Page 7