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

# Prosecution Witness Denies Oesterreich Murder Accusation ## 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 Court in Hollywood yesterday as these events took place: (1.) Roy H. Klumb, on the stand as prosecution witness, was asked by Defense Attorney Herman Shapiro: 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 show that the theory that Klumb had killed Oesterreich was aided by Mrs. Oesterreich in concealing himself and his acts for nearly eight years. **WARRANT FOR SHAPIRO** (3.) Judge Hardy issued a bench warrant for the attorney, Herman Vroman Shapiro, formerly Mrs. Oesterreich's civil lawyer, who once made an affidavit that he released Sanhuber from his apartment at Mrs. Oesterreich's direction, and was informed by Dep. Dist.-Atty. Costello that Shapiro had disappeared from sight after having been subpoenaed as a prosecution witness. (4.) The prosecution announced last night that it had Klumb back in custody. Klumb had testified for the prosecution that he had known Mrs. Oesterreich for five years; that Mrs. Oesterreich had once told him that she had a lover whom she was afraid would kill her husband; and that after the shooting she handed Klumb a pistol with instructions to throw it in Silver Lake oil pit. **VEILED ACCUSATION** It was a hint that developed into at least ten persons that Shapiro's accusation—which "plaintiff" was virtually the first question asked of Klumb by Defense Attorney Wakeman when he began cross-examination yesterday. "Klumb," recalls the question, straining his more than six feet of height, "didn't you kill Oesterreich?" "Didn't you tell Homer Mills of Long Beach, 'My God, I am wanted for being implicated, that he would never talk, but they didn't know what you had on them? That you knew something'?" was the next question. Klumb flatly denied the conversation. **THREATS DENIED** He also denied that he had threatened to "bump off" Mills and the latter's brother if Mills proposed to testify at the trial. Mrs. Parber, wife of the preceding witness, was next called to the stand. She testified she came over to the side and that she ventured, but denied that Oesterreich had refused to go through [photo caption:] Roy H. Klumb with these deals and that the returns from oil wells were—he said also, that he had been 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 replied that Sanhuber was with a "young lad," whose name he did not recall. Thereafter the officers making their investigation of the Oesterreich residence called Klumb and asked him questions continuing re. Mrs. Oesterreich. The attorney stated that Mrs. Oesterreich kept Sanhuber secreted in a attic, with food to his bedroom after the shooting. **FOUND HIDING PLACE** More testimony in support of this contention came yesterday from Detective Captain Cato, who asserted she was there present and made a minute examination of the attic of the Oesterreich home, finding a trap door and evidence of two loose boards in the side of a room which had given entry to an attic apartment. An electric light bulb was found living in this attic, he declared, and there were also bottles and other evidence of former habitation. Cato identified photographs. Mrs. Mary Goldfrank, present owner of the Oesterreich residence at 1035 Lafayette Park Place, was placed on the stand. She testified that since acquiring the property from Mrs. Oesterreich in January, 1922, she had been in the attic once and she said have nothing of the loose boards in the trunk room until Capt. Cato showed them to her. Several other police officers also ## Column 2 ### STATE WITNESS IN ATTIC MURDER CASE testified at the trial yesterday. They were Lieutenant Murray, Grout and Sergeant Canning. Grout, who was the first policeman to arrive at the Oesterreich residence after the murder. They described finding the body of Oesterreich on the attic floor near the front-door and of finding also Mrs. Oesterreich dressed and hysterical. Mrs. Oesterreich's story at that time was that she went up to the closet to look for her coat, after having last entered the attic, and then described having been pushed into the closet by an unseen person and the door shut. Mrs. Oesterreich then in addition took the witness stand and declared that he had found Mrs. Oesterreich an hour or two after she had been found and testified to the coat that she said she had gone up to the attic and stepped on a hanger in the closet. --- ### HEROIC NIGHT CLERK DIES FROM BANDIT'S BULLETS His loyalty to his employer, which caused him on Monday to risk the bullets of two bandits demanding the comparatively small sum of money in the cash register, cost Henry P. Miller, 23 years of age, night clerk of the University Club, his life yesterday. Miller fought for nearly twenty-four hours against the wounds 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 James O'Rourcy, in custody as the robber who shot Miller, has been formally charged with the night clerk's murder, police announced. It is an ex-convict, having been sentenced for a term in San Quentin from this county two years from this conviction January 5 last. Officers give full credit to Miller in the face of the latter's threat to kill him if he made the "slightest move" to frustrate the hold-up. The night clerk was alone in the lobby when two men entered. He 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 paper bag. Miller tried to get himself for fifteen minutes in a closet. Bandit Aramson, 34, was identified as the man with a pocket knife who inflicted two wounds in the abdomen and one in the chest. Abe Aramson, 34, Panama-born proprietor of a cigar store not far from Bandit Monday, and struck down with a knife in the head after an automobile axle was reported out of danger last night. As with Miller, he had been taken to Georgia-street Receiving Hospital, but his injuries were at first not serious ble for his removal to the General Hospital. Ransford Davidson, 36, is in custody charged with being the person who felled Aramson. --- ### ON MURDER NIGHT Mrs. Farber testified that she visited Mrs. Oesterreich a few hours after the murdered body of Oesterreich was discovered. Late in the night, at around 11 p.m., she related that she went up to Mrs. Oesterreich's bedroom and sat down. "You are not going to look in the attic, are you?" 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," rejoined Mrs. Oesterreich, was the answer. **STORY SIGNIFICANT** The testimony had particular significance in view of subsequent disclosures, asserted Dep. Dist.-Atty. Lieutenant Stoll. Next declared that Sanhuber upon being arrested, told him that the detectives had tried various officers making their investigation of the Oesterreich residence in a attic. After the shooting with instructions to "stay over." Parker said he took it home and threw it in a rubbish heap in the rear of his yard. Mrs. Parker, wife of the preceding witness, was next called to the stand. She testified she came over to the side door, picked it up, and buried it under a rose bush, only to dig it up later and throw it in a parking strip on the south side of the lot. --- ### LAW DENIES YOUNG RED SCHOOL ROLL *School Board Upheld in Refusing Diploma to Lad of Communist Ideas* Motion for a mandamus in the mandamus action filed in behalf of Robert Rosenstein, a pupil of Roosevelt High School refused a diploma, to compel the school board and officials to issue him one, was denied by Judge Hanby yesterday without taking considerable testimony and argument by counsel on both sides. The young man had been taken to task by Principal Thomas because he was testified, he had obtained 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 violence. Refusal to grant the diploma on this ground was made by Principal Thomas because the young man Rosenstein had attended communist party meetings after he had been told not to do so. The school board upheld the principal in this decision. Judge Hanby based his decision partly on Rosenstein's father, who disavowed his brother and that his studies and privilege under the law had not been interfered with on account of race or creed. Namely, the 17 years of age, a Finn, to be reported outside the school for throat with a razor in a rooming house at 153 Von Burns Place. The wound was discovered by Manley, the proprietor, and rushed to Georgia-street Receiving Hospital, where his condition is reported as critical. **BROODING ON MALADY BRINGS SUICIDE TRIAL** Brooding over an incurable malady with which he is afflicted, according to police, yesterday led Red Stan, 37 years of age, a Finn, to cut his throat with a razor in a rooming house at 153 Von Burns Place. The wound was discovered by Manley, the proprietor, and rushed to Georgia-street Receiving Hospital, where his condition is reported as critical. **MOOSE PLAN PROGRAM** Moose in the issue of January 164, Loyal Order of Moose, and a dance will be held by the Women of Los Angeles Chapter, No. 817, Loyal Order of Moose, at the 380 South Olive street, Saturday afternoon and evening, June 21. **PETITION APPROVED** The petition for the opening and widening of Van Burns Place, between Twenty-seventh and Twenty-eighth Streets, was approved yesterday by the Board of Public Works, instructions issued to the City Attorney and City Engineer. ## Column 3 ### DRUGGISTS FLAY MAGAZINE RAIDS *Why Won't Notice Given? They Ask Police Board* *Recent Round-up Declared to Have Been Unwarranted* *Chief Steckel States Mix's 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 "Los Angeles 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 186 druggists and others for the sale of certain magazines, was filed with the Police Commission yesterday. Officers of the Bruno Drug Company, said many druggists dependent on the box for their reputation were thrown in jail, fingerprinted and treated like felons and thugs. No intimation had been given the druggists that they stood along the side of the magazine, he said, and if it had been given, the druggists would have co-operated with the police 100 per cent, the spokesman stated. **OTHERS PROTEST** A. H. Vonmarce, president of the California Pharmaceutical Association, said all that was necessary to give prior notice, and the magazine would have been pulled from the shelves and there was no necessity for the arrests, which would not have been to need of arrest. Other drug spoke through state chapter president J. E. McKinnon of the Bruno Drug Company was also present, also the Industrial Druggists' Association, and Advertising Systems for the Moose Brothers, distributors of the magazines. Officers declared a test case could be made in the courts as a result of yesterday's protest. Robert Palms, told of youthful druggists, some of them attending school, who were thrown into jail, because they did not have the necessary bail. He declared this was due to the zeal for a group of activity, and that the druggists' community in a no-crime clean-up. **CHIEF EXPLAINS** The commissioners pointed out that the raid was instigated by Prosecutor Nix, and chief of Police Steckel explained the warrants had come from Nix's office, and that the police had to serve them as they ordinarily do district attorney warrants. The magazines and properties will be destroyed, but said it is impossible to comply with the delegation's request to eliminate charges of misdemeanor for the arrested. Vonmarce also stated that the raid was the scene of somebody trying to make a reputation instead of upholding the law. Browns wanted to know why the raid was conducted at an hour when it was difficult to make bail bond, and whether it wasn't for the purpose of placing the persons arrested in a bad light. Chief Steckel admitted the prosecutions should have been served by simply notifying the druggists, since the offense is considered a misdemeanor and not a felony. A suggestion was made for effort to investigate thoroughly charges that the pictures and statements were mishandled during the arrest without any expressed sympathy for the loose druggists, but that the commission was unable to tell the tenants it merely can check up on any improper work of the police. ## Column 4 ### EX-DETROITERS HAVE GOOD DAY 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 in Los Angeles. When Al Leichter sought a permit to open an employment agency for film and stage folk at 6612 Hollywood Boulevard, Police Commissioner Drake said. "We are not granting anybody from Detroit a permit to do business in Los Angeles." The commission approved and George H. W. Hissbrook asked for permission to open a school of skill and science on the Venice Pier. "Where are you from?" he was asked. He was from Detroit. More favorable action was taken. --- ### THIS WEEK ONLY! "LITTLE'S" PRE-INVENTORY "Only 25 to 50" REDUCTIONS Sale of the Year" —Occasional Furniture —Glass and Pottery —Leather Goods —Stationery —Pictures —Books $16.75 SALE VALUES IN EVERY DEPARTMENT **A.E. Little Company** STATIONERS ART DEALERS ENGRAVERS 619 WEST SEVENTH STREET --- **Direct-U Service** Tells where to buy any branded or trade-marked article. Check counters, free directory. Call up the LOS ANGELES TIMES and ask for Direct-U. MADison 2345. --- ### ANNOUNCEMENT of MERGER **Mutual of Hollywood Building & Loan Association** is now merged with **UNITED STATES BUILDING & LOAN ASSOCIATION** PAYS 6% ON SAVINGS 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 --- ## Peripheral items - **Dyas shoe advertisement** (large, spanning columns): "Ride and Hike in Dyas Good Boots" — lists women's and men's boots/riding boots/hiking boots with prices; "Both Stores Open All Day Saturdays"; Los Angeles and Hollywood locations. - **"Romping Child Drops Dead of Heart Disease"** (short news item): Frances Murphy, 6 years old, daughter of J. J. Murphy, collapsed and died at home at 4620 Watseka Drive; heart disease as cause of death; coroner's inquest. - **"Brooding on Malady Brings Suicide Trial"** (short news item): Red Stan, 37-year-old Finn, cut his throat at 153 Von Burns Place; taken to Georgia-street Receiving Hospital in critical condition. - **"Moose Plan Program"** (short notice): Dance by Women of Los Angeles Chapter No. 817, Loyal Order of Moose, at 380 South Olive street, June 21. - **"Petition Approved"** (short notice): Board of Public Works approves widening of Van Burns Place between Twenty-seventh and Twenty-eighth Streets.