The Los Angeles Times, 1930-06-18, p.22

2 WEDNESDAY MORNING. *Los Angeles Times* JUNE 18, 1930.—[PART II.] # Prosecution Witness Denies Oesterreich Murder Accusation [spans columns 1-6] ## Column 1 # TRIAL MARKED BY SENSATIONS *Warrant Issued for Former Attorney for Defense* *Veiled Accusation Stings Witness Klumb* *Hint of Oesterreich Killing Hotly Resented* Trial of Otto Sanhuber, so-called "ghost of the garret," charged with the murder of Fred Oesterreich, drew toward a climax in Superior Judge Hardy's court yesterday as these events took place: (1.) Roy H. Klumb, on the stand as a prosecution witness, was asked by defense counsel if he had not admitted himself to be the actual murderer of Oesterreich. (2.) Klumb heatedly denied the charge and the prosecution placed on the stand a rapid succession of witnesses in support of their theory that Sanhuber did the shooting and was aided by Mrs. Oesterreich in concealing himself and his acts for nearly eight years. ### WARRANT FOR SHAPIRO (3.) Judge Hardy issued a bench w[a?]rrant for the arrest of Attorney H[e?]rman Shapiro, formerly Mrs. Oesterreich's civil lawyer, who once made an affidavit that he released Sanhuber from his attic abode at his employer's behest. The court was informed by Dep. Dist.-Atty. Costello that Shapiro had dropped from sight after having been subpoenaed as a prosecution witness. (4.) The prosecution announced last night that it will probably rest its case today. Klumb had testified for the prosecution that he had known the Oesterreichs for five years; that Mrs. Oesterreich had once told him that she had a lover whom she was afraid would kill her husband and after the shooting had given him (Klumb) a pistol with instructions to throw it in the La Brea oil pits. ### VEILED ACCUSATION "Isn't it a fact that you admitted to at least two persons that you murdered Oesterreich yourself?" was virtually the first question flung at Klumb by Defense Attorney Wakeman when he began the witness's cross-examination. "It is not," roared back Klumb straining his more than six feet of stature against the witness stand. "Didn't you tell Homer Mills of Long Beach, when he berated you for being intoxicated, that he would drink, too, if he had on his mind what you had on yours? That you killed Oesterreich?" was the next question. The witness denied the conversation. ### THREATS DENIED He also denied that he had threatened to "bump off" Mills and the latter's brother if they proposed to testify at the trial. Klumb admitted that he had had business dealings with Mr. Oesterreich and that the latter was contemplating financing him in various ventures, but denied that Oesterreich had refused to go through # Both Stores Open All Day Saturdays [advertisement, spans columns 1-3] [Dyas logo: LOS ANGELES ... HOLLYWOOD] TWO STORES TO SERVE YOU [illustration: riding and hiking boots, a rider on horseback] # Ride and Hike in Dyas Good Boots Bridle trails calling . . . mountain paths beckoning . . . and BOOTS are on the trail of healthful sports in the open! Let Dyas equip you to ride and hike, to fish and to camp, and to "Boot" dull care away! ### For Women---- Jodphur Boots, $14.50 Tan or Black Riding Boots, $18.50 Tan or Black Hiking Boots: $8.50-$12.50 Moccasin Toe, 15 Inches ### For Men---- Riding Boots, Brown, $25.00 Hiking Boots, $12.50 to $21.00 High or Low Top DYAS SPORTS SHOES—LOWER STREET FLOOR Los Angeles · Hollywood ## Column 2 [box] STATE WITNESS IN ATTIC MURDER CASE [portrait: Roy H. Klumb] Roy H. Klumb with these deals and that the refusal led to an argument. He admitted, also, that he had been a visitor at the Oesterreich home at various times and had taught Mrs. Oesterreich how to drive an automobile. "Where were you on the night of the murder?" demanded Wakeman. Klumb said he was out driving with a "young lady," whose name he gave as Frances Rider, at the time the shooting was supposed to have taken place. ### CORRECTS TESTIMONY The witness declared on cross-examination that he had heard Mr. and Mrs. Oesterreich engage in only one or two "minor" quarrels, but when shown a previous statement in which he said they had frequent quarrels and that she had said she was going to get a divorce, Klumb declared he was "very nervous and rattled" when the statement was made. Klumb's story of having been given a gun by Mrs. Oesterreich to hide was somewhat substantiated when J. E. Farber, another former friend of the Oesterreichs, took the witness stand and testified that Mrs. Oesterreich had also given him a gun after the shooting with instructions to "throw it away." Farber said he took it home and threw it in a rubbish heap in the rear of his yard. Mrs. Farber, wife of the preceding witness, was next called to the stand. She testified she found the gun in the [b?]ack yard and buried it under a rose bush, only to dig it up later and throw it in ## Column 3 # HEROIC NIGHT CLERK DIES FROM BANDIT'S BULLETS [boxed report, spans columns 3-4] His loyalty to his employer, which caused him on Monday to risk the bullets of a lone bandit demanding the comparatively small sum of money in the cash register, cost Henry P. Miller, 53 years of age, night clerk of the University Club, his life yesterday. Miller fought for nearly twenty-four hours to overcome the effects of the three bullets fired into his body, but the end came at 5:45 p.m. at Georgia-street Receiving Hospital. Wilbur McCabe, alias Jerry O'Regan, in custody as the robber who shot Miller, will now be charged with the night clerk's murder, police announced. He is an ex-convict, having been sentenced to ten years for robbery July 19, 1924, but was paroled from San Quentin January 1, last. Miller had resisted the bandit in the face of the latter's threat to kill him if he made the "slightest move" to frustrate the hold-up. [rule: the Oesterreich report resumes from column 2] a parking strip on the south side of town. ### ON MURDER NIGHT Mrs. Farber also testified that she visited Mrs. Oesterreich a few hours after the murdered body of Oesterreich was discovered late on the night [of?] August 22, 1922. She related that she went up to Mrs. Oesterreich's bedroom and sat down. "You are not going to look at me all night?" Mrs. Oesterreich asked her, according to Mrs. Farber. "No, I'll go downstairs," the witness said she replied. "Then I can lock my door and rest," returned Mrs. Oesterreich, it was testified. ### STORY SIGNIFICANT The testimony had particular significance in view of statements made earlier yesterday at the trial by Detective Lieutenant Stoll. Stoll declared that Sanhuber, after being arrested, told him that he (Sanhuber) heard the arresting officers making their investigation of the Oesterreich house on the night of the murder and their questioning o[f?] Mrs. Oesterreich. The prosecution maintains that Mrs. Oesterreich kept Sanhuber secreted in an attic room next to her bedroom after the shooting. ### FOUND HIDING PLACE More testimony in support of this contention was forthcoming from Detective Captain Cato, who asserted that he, a few months ago, had made a minute examination of the second floor of the former Oesterreich residence and had discovered two loose boards in the side of a trunk room that gave access to an attic aperture. An electric light had been hung in this attic room, Cato declared, and there were also hooks and other evidences of former habitation, the detective declared. Mrs. Mary Goldfinch, present owner of the Oesterreich residence at 853 Lafayette Park Place, was placed on the stand. She testified that since acquiring the property from Mrs. Oesterreich in January, 1923, she had made no changes in the attic and knew nothing of the loose boards in the trunk room until Capt. Cato showed them to her. Several other police officers also ## Column 4 [continuation of the boxed report HEROIC NIGHT CLERK DIES FROM BANDIT'S BULLETS from column 3] The night clerk was alone in the lobby when the man entered and was immediately confronted by a revolver in the latter's grasp. At the same time the bandit shoved a note across the counter which directed him to put the money from the register into a sack, pass it over, and then shut himself for five minutes in a closet. Instead of complying, Miller slashed at the man with a pocket knife and received two bullets in the abdomen and one in the chest. Abe Aranson, 54, second-hand dealer, who also was attacked by a lone bandit Monday, and struck down with a blow on the head with an automobile axle, was reported out of danger last night. As with Miller, he had been taken to Georgia-street Receiving Hospital, but his improved condition made it possible for his removal to the General Hospital. Ransford Davidson, 38, is in custody charged with being the bandit who felled Aranson. [rule: the Oesterreich report resumes from column 3] testified at the trial yesterday. They included Officers Murray, Gruey and Aubrey, all of whom were among the first policemen to arrive at the Oesterreich residence after the murder. They described finding the body of Oesterreich on the lower floor near the front door and of finding Mrs. Oesterreich locked in her bedroom closet on the second floor. Her story at that time was that she went up to the closet to hang up her coat, after having [j?]ust entered the house with her husband, and of having been pushed into the closet by an unseen assailant from behind. Former Chief of Police Davis then took the witness stand and declared that he had visited Mrs. Oesterreich an hour or two after she had been found and noted that the coat that she said she had worn that night was hung carefully on a hanger in the closet. # LAW DENIES YOUNG RED HIS SCROLL *School Board Upheld in Refusing Diploma to Lad of Communist Ideas* Motion for a nonsuit in the mandamus action filed in behalf of Max Rosenstein, student at the Roosevelt High School refused a diploma, to compel the school board and officials to issue him one, was granted by Superior Judge Hanby yesterday after considerable testimony and argument by counsel on both sides. The young man had been taken t[o?] task by Principal Thomas Elson, it was testified, because he had been active in distributing literature for the Young Workers' League, affiliated with the Communist party. Later, however, Rosenstein repeated the pledge of allegiance to the flag and said he did not believe in the overthrow of constituted government by force and bloodshed. Refusal to grant the youth a diploma was made by Principal Elson on the ground that Rosenstein had attended commencement exercises after he had been told not to do so. The school board upheld the principal in his decision. Judge Hanby based his decision on a finding that Rosenstein had disobeyed his teacher and that his liberties and privileges under the law had not been interfered with by failure of school authorities to certify his graduation grades. Attorneys Shapiro and Romaine for the plaintiff asked that the case be postponed until an examination in citizenship could be given the boy, but Judge Hanby refused. The attorneys stated the case will be appealed. Deputy County Counsel Purdom represented the school board. # *Romping Child Drops Dead of Heart Disease* Happily romping on the lawn in front of her home at 4300 Victoria Drive, Frances Murphy, 6 years of age, daughter of J. J. Murphy, manager of the boys' department in J. W. Robinson & Co. department store, suddenly gasped late yesterday and fell to the ground. She was dead when picked up. Dr. C. O. Driver of 3431 Leime[r?]t avenue was summoned and pronounced death due to heart disease. Because heart disease as a cause of death is unusual in the case of a child, Deputy Sheriff Thomas was detailed to investigate. Inquiry developed the child had been subjected to several heart attacks, and Dr. Driver's finding was pronounced correct. # BROODING ON MALADY BRINGS SUICIDE TRIAL Brooding over an incurable malady with which he is afflicted, according to police, yesterday led Ned Sten, 37 years of age, a Finn, to attempt suicide by slashing his throat with a razor in a rooming-house at 123 South Main street. He was found unconscious by Joe Curley, the proprietor, and rushed to Georgia Street Receiving Hospital, where his condition is reported critical. ### MOOSE PLAN PROGRAM A drill by the team of Lodge No. 134, Loyal Order of Moose, and a box supper served by the women of Los Angeles Chapter, No. 857, will feature the Moose program at 300 South Olive street, Saturday evening. Dancing will follow the program. ### PETITION APPROVED The petition for the opening and widening of Van Buren Place between Twenty-seventh and Twenty-ninth streets has been approved by the City Council, and the necessary instructions issued to the City Attorney and City Engineer. ## Column 5 # DRUGGISTS FLAY MAGAZINE RAIDS [spans columns 5-6] *Why Wasn't Notice Given? They Ask Police Board* *Recent Round-up Declared to Have Been Unwarranted* *Chief Steckel States Mix's [sic] Order Had to be Obeyed* A strong protest by a delegation representing the California Pharmaceutical Association, the Los Angeles Association of Retail Druggists and the Retail Druggists' Association of Southern California, stating it represents an investment of $100,000,000 and 6000 taxpayers, against the "ruthless and unwarranted" arrest last week of 180 druggists and others for the sale of "peppy" magazines, was made to the Police Commission yesterday. Lucien N. Brunswig of the Brunswig Drug Company, said many prominent druggists of the best reputation were thrown in jail, fingerprinted and treated like felons and scoundrels. No intimation had been given the druggists that they should stop the sale of the magazines, he said, and if it had been given the druggists would have co-operated with the police 100 per cent in their suppression. ### OTHERS PROTEST A. H. Vossmeyer, president of the California Pharmaceutical Association, said all that was necessary was to give notice, and warning against sales of the magazine would have been printed in the association's bulletin and there would have been no need of arrests. Others who spoke included L. Schiff, president of the McKesson Western Wholesale Drug Company, Frank Morton, secretary of the Retail Druggists' Association, and Attorney Leo D. Epstein for Eggbert Brothers, distributors of the magazines. Epstein declared a test case is to be made in the courts as a result of the arrests. Robert Palm[e?]r told of youthful employees, some of them attending school, who were thrown into jail because they did not have the necessary bail. He declared dealers were put on the pan b[y?] a group of zealous reformers seeking political publicity in a so-calle[d?] clean-up. ### CHIEF EXPLAINS The commissioners pointed out that the raid was instigated by # ANNOUNCEMENT of MERGER [advertisement, spans columns 5-8] # *Mutual* of Hollywood *Building & Loan* ASSOCIATION *is now merged with* # UNITED STATES BUILDING & LOAN ASSOCIATION PAYS 6% ON SAVINGS [illustration: outline map of the United States behind the lettering] A STATEWIDE SAVINGS INSTITUTION THE Mutual of Hollywood Building and Loan Association, with offices at 6651 Hollywood Boulevard at Cherokee, and 5220 Wilshire Boulevard at La Brea, has become an important link in the great statewide chain of institutions operated by the United States Building and Loan Association. The splendid facilities and prestige of the Mutual of Hollywood are now magnificently reinforced by the strength, stability, statewideness, experience and reputation of the United States Building and Loan Association. Look for the "U.S." sign *hereafter* at Hollywood Blvd. and Cherokee AND AT Wilshire Boulevard and La Brea ## Column 6 # EX-DETROITERS HAVE GOOD DAY [star-bordered box] *Police Commission Grants Permits for Business in Los Angeles* Yesterday was a favorable day for former residents of Detroit who desire permits to do business as residents of Los Angeles. When Al Leichter sought a permit to open an employment agency for film and stage folk at 6912 Hollywood Boulevard, Police Commissioner Drake said: "I'm in favor of granting anybody from Detroit a permit to do business in Los Angeles." The commission approved and later R. W. Sherlock asked for permission to open a game of skill and science on the Venice Pier. "Where are you from?" he was asked. He was from Detroit. More favorable action was taken. [continuation of the report DRUGGISTS FLAY MAGAZINE RAIDS from column 5] Prosecutor Nix, and Chief of Police Steckel explained the warrants were issued from Nix's office and that the police had to serve them or face contempt of court. He assured the delegation that the fingerprints will be destroyed, but said it is impossible to comply with the delegation's request to eliminate a police record for the druggists' arrested. Vossmeyer also stated that the raid was the move of somebody trying to make a reputation instead of co-operation with the druggists in upholding the law. Brunswig wanted to know why the raid was conducted at an hour when it was difficult to obtain bail bond, and whether it wasn't for the purpose of playing into the hands of bail-bond sharks. Chief Steckel admitted the prosecutor's purpose could have been served by simply notifying the druggists, since the offense is considered a misdemeanor and not a felony. The commission directed the Chief to investigate thoroughly charges that youthful employees of drug stores were mishandled during the "round-up" and expressed sympathy for the irate druggists, but stated that as the prosecutor is responsible for issuance of the warrants it merely ca[n?] check up on any improper work of the police. [the Announcement of Merger advertisement continues across the foot of this column, see column 5] ## Column 7 # THIS WEEK ONLY! [advertisement, spans columns 7-8] # "LITTLE'S" PRE-INVENTORY [box] "Only Sale of the Year" # 25 TO 50 % [box, vertical lettering] REDUCTIONS —Occasional Furniture —Glass and Pottery —Leather Goods —Stationery —Pictures —Books [illustration: upholstered armchair] $16.75 SALE VALUES IN EVERY DEPARTMENT *A. E. Little Company* STATIONERS ART DEALERS ENGRAVERS 619 WEST SEVENTH STREET ### Direct-U Service [box, spans columns 7-8] Tells where to buy any branded or trade-marked articles. Quick. courteous, free service. Call up the LOS ANGELES TIMES and ask for Direct-U. MAdison 2345. [the Announcement of Merger advertisement continues across the foot of this column, see column 5] ## Column 8 [the advertisement THIS WEEK ONLY! "LITTLE'S", the Direct-U Service box and the Announcement of Merger advertisement from columns 7 and 5 continue across this column]