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<v Speaker 1>Paul Puder got com Sheehlis, Washington, January fourteenth, nineteen eighteen.

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<v Speaker 2>The eternal triangle with a secret love affair may have

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<v Speaker 2>resulted in the brutal murder of Fred Swain, the Napavine grocer,

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<v Speaker 2>who was found dead in his store a week ago,

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<v Speaker 2>and the arrest of Oscar B. Maine, prominent Napavine real

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<v Speaker 2>estate dealer. News of Maine's arrests created a sensation locally

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<v Speaker 2>owing to his high standing in the community. He is

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<v Speaker 2>a graduate of the University of Washington and is a

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<v Speaker 2>brother of Judge John F. Maine of the State Supreme Court,

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<v Speaker 2>and for three years past has been the local representative

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<v Speaker 2>at Napavine of the David P. Eastman Company of Seattle,

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<v Speaker 2>in which he was a partner engaged in locating on

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<v Speaker 2>logged off lands. The families of Maine and Swain have

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<v Speaker 2>been on the most intimate terms, and the men were

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<v Speaker 2>rated the best of friends. The love triangle was animated

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<v Speaker 2>today by county authorities. While Maine is held in jail

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<v Speaker 2>in connection with the crime, and all Napavine is trying

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<v Speaker 2>to solve the strange mystery. The explanation is being suggested

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<v Speaker 2>that Maine was too attentive to missus Swain. Sheriff Barry,

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<v Speaker 2>who arrested Maine, declared today that quote there is no

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<v Speaker 2>doubt at all, unquote that he is the man who

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<v Speaker 2>killed Swain after a terrific struggle in the grocery store.

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<v Speaker 2>On the advice of his attorney, Maine is refusing to talk.

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<v Speaker 2>County Attorney Herman Allen said today that he had evidence

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<v Speaker 2>that Maine had been seen in the neighborhood of the

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<v Speaker 2>grocery store at the time the murder must have been committed.

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<v Speaker 2>Maine's arrest, which occurred late saturdayday night and was announced

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<v Speaker 2>Sunday morning, is the most sensational development in the Swain

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<v Speaker 2>murder case since the grocer's body was found hacked with

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<v Speaker 2>a hatchet. Sheriff Barry refuses to disclose the alleged motive

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<v Speaker 2>for the crime or discuss what disclosures led to the

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<v Speaker 2>arrest of Maine. Maine, who was an intimate friend of

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<v Speaker 2>Swain and a pallbearer at the latter's funeral, declares he

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<v Speaker 2>is innocent. Immediately upon being notified of his brother's arrest.

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<v Speaker 2>Judge Mayne left Olympia for sehals H E. Donaho, former

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<v Speaker 2>Deputy Prosecuting Attorney of Lewis County, has been retained as

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<v Speaker 2>attorney for the defense. The murder of Swain was one

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<v Speaker 2>of the most brutal ever perpetrated in Lewis County. Swain

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<v Speaker 2>was in his grocery store last Sunday afternoon working about

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<v Speaker 2>four o'clock. His wife and eight year old daughter, who

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<v Speaker 2>had been visiting a neighbor past the U store, rapping

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<v Speaker 2>on the door for him. They went home and prepared dinner,

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<v Speaker 2>telephoning to him at six but receiving no response. After

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<v Speaker 2>waiting until about nine, missus Swain got Bob Myers, sixteen

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<v Speaker 2>year old neighbor boy, to take his key and go

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<v Speaker 2>to the store. Swain was found in the wear room

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<v Speaker 2>in the rear with his head beaten to a paup.

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<v Speaker 2>One blow apparently made with a blunt side of a

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<v Speaker 2>hatchet on the back of his head, had felled him,

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<v Speaker 2>following which his head was beaten. In True Crime Historian

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<v Speaker 2>presents Unsolved, a special edition of Yesterday's News exploring one

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<v Speaker 2>of history's most baffling murder mysteries. When I started in

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<v Speaker 2>on episode three hundred and seventy one, I thought It

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<v Speaker 2>was going to be a salacious story of a CD

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<v Speaker 2>sexual situation gone awry. What turned out to be more interesting,

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<v Speaker 2>I think, is the subplot of the district attorney forced

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<v Speaker 2>to bring a half bait case to trial in order

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<v Speaker 2>to avoid the appearance of his own complicity in a

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<v Speaker 2>rumored conspiracy. I'm true crime historian Richard O. Jones, and

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<v Speaker 2>for your scandalization and indignation, I give you the main

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<v Speaker 2>Swain affair. The Napavine Hatchet murder. January fifteenth, nineteen eighteen,

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<v Speaker 2>A charge of murder in the first degree will be

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<v Speaker 2>filed again against Oscar Maine, prominent young real estate dealer

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<v Speaker 2>of Napavine, in the Superior Court at Schehalis this afternoon.

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<v Speaker 2>Maine is accused of having brutally murdered fred Swain, Napavine

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<v Speaker 2>grocer and intimate friend, using a small hatchet to beat

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<v Speaker 2>out the grocer's brains. Two Tacoma City detectives, loaned to

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<v Speaker 2>the Lewis County officials after they had confessed themselves nonplussed

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<v Speaker 2>over the mysterious murder, have worked up the case against

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<v Speaker 2>Maine and are responsible for his arrest. These detectives, Charles

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<v Speaker 2>Brond and Dick Huckaba have been quietly working in Napavine

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<v Speaker 2>and Schehalis for four days, and they declared today that

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<v Speaker 2>their evidence against Maine, although of a circumstantial nature, was

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<v Speaker 2>utterly convincing to them and to county officials. Additional evidence

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<v Speaker 2>obtained by these detectives last night, when they were called

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<v Speaker 2>back to the scene of the crome for further investigation,

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<v Speaker 2>caused the decision to day to file a murder charge

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<v Speaker 2>direct in the higher court. Prosecuting attorney Allen refused to

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<v Speaker 2>divulge the nature of the evidence against Maine, but declared

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<v Speaker 2>that many juries would hang men for less. One of

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<v Speaker 2>the strong points of circumstantial evidence obtained by the Tacomba

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<v Speaker 2>detectives surrounds the small hatchet which Maine kept in his

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<v Speaker 2>real estate office. A witness has been found who knew

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<v Speaker 2>exactly where Maine kept the hatchet. On the morning after

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<v Speaker 2>the murder, this witness went to Maine's office and says

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<v Speaker 2>the hatchet was missing. The officers also declare that the murderer,

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<v Speaker 2>whoever he was, must have been an intimate friend of Swain.

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<v Speaker 2>The grocer was alone in his store, his safe was open,

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<v Speaker 2>and a large bag of money was on the counter.

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<v Speaker 2>He was making a check of his cash at the

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<v Speaker 2>time of the murder. The crime occurred in a small

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<v Speaker 2>office in the rear of the store. Detectives argue that

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<v Speaker 2>Swain would not have admitted a stranger to his store

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<v Speaker 2>while so much money was on display. Swain's murder was

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<v Speaker 2>one of the most brutal ever known in this section,

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<v Speaker 2>his head being beaten in with a hatchet or other

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<v Speaker 2>blunt instrument following an apparent struggle in the rear of

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<v Speaker 2>his store with his assailant. When found, blood and brains

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<v Speaker 2>were scattered and spattered on about and under boxes and

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<v Speaker 2>other parts of the store room where Swain had been working.

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<v Speaker 2>His money and other valuables were untouched. Electric lights in

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<v Speaker 2>the store were flicked off for a short period about

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<v Speaker 2>the time of the crime. None but a person intimate

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<v Speaker 2>with the interior of the store could have done this,

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<v Speaker 2>it is argued because the electric switch was in a

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<v Speaker 2>corner of the store, hidden away in a place almost

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<v Speaker 2>inaccessible to anyone who did not know its whereabouts. Strong

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<v Speaker 2>influence has been brought on county officials here to dismiss

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<v Speaker 2>the charge against Maine. Maine has five attorneys, including some

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<v Speaker 2>of the best legal talent in the state, and it

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<v Speaker 2>is said that his friends worth hundreds of thousands of

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<v Speaker 2>dollars are backing the defense, said Prosecutor Allan. I don't

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<v Speaker 2>care if Judge Mayne, John d. Rockefeller, and President Wilson

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<v Speaker 2>used their combined influence. I'm going through with this prosecution

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<v Speaker 2>just the same. Missus Swayin, widow of the murdered man,

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<v Speaker 2>is in Sehalis at the home of her brother in law,

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<v Speaker 2>Abe Kaufman, retired banker. She refused to make any statement

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<v Speaker 2>for publication. Today, the town of Napavine, two miles from Schehalis,

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<v Speaker 2>is seething with excitement. This is the first murderer in

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<v Speaker 2>the town in ten years. The three hundred inhabitants have

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<v Speaker 2>armed themselves and they look with suspicion upon every strange phase.

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<v Speaker 2>The town is divided about equally in its opinion regarding

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<v Speaker 2>Maine's guilt or innocence. Did Sadie Swain, in her home

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<v Speaker 2>into the little village of Napavine, count out the minutes

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<v Speaker 2>during the late afternoon of Sunday, January sixth, in the

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<v Speaker 2>knowledge that not more than two hundred yards from her home,

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<v Speaker 2>her husband was being brutally murdered with a shingle axe

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<v Speaker 2>in the back room of his store. That is the

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<v Speaker 2>question being heard here today, and that may play an

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<v Speaker 2>important part in the case of Oscar F. Maine, prominent

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<v Speaker 2>young real estate dealer and brother of a state Supreme

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<v Speaker 2>Court judge. For it is on the theory that a

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<v Speaker 2>secret love affair existed between Maine and Missus Swain, that

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<v Speaker 2>the officers who have been gathering the evidence claimed to

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<v Speaker 2>find a motive for the murder. Here are the alleged

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<v Speaker 2>events of the fateful Sunday evening on which authorities based

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<v Speaker 2>their suspicions. At four o'clock, Missus Swain and her little

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<v Speaker 2>daughter pasted the Swain grocery store on the one business

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<v Speaker 2>street of the village, rapped on the window, and waved

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<v Speaker 2>at the husband and father as he sat working inside.

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<v Speaker 2>They went along home. At six o'clock, Missus Swain telephoned

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<v Speaker 2>the grocery store and received no answer. It was not

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<v Speaker 2>until nine o'clock that she finally sent Bob Myers, a

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<v Speaker 2>delivery boy, to the store. He returned with the report

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<v Speaker 2>that Swain had fallen off a bench and had hurt himself.

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<v Speaker 2>Call a doctor. Missus Swain is declared to have told

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<v Speaker 2>a maid in her home she did not go to

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<v Speaker 2>the store to see how badly her husband was hurt,

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<v Speaker 2>the officers declare, and was not until midnight that she

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<v Speaker 2>learned Swain was murdered, chopped with an axe, almost beyond recognition.

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<v Speaker 2>She did not even see her dead husband until the

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<v Speaker 2>next day. In the Morga schehalis, according to the evidence

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<v Speaker 2>in the hands of Prosecutor Herman Allen, what was the

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<v Speaker 2>reason for the apparent indifference. Was it fear of the

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<v Speaker 2>sight of the blood stained room and her husband lying there?

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<v Speaker 2>Or was there something more? The eternal triangle mystery has

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<v Speaker 2>absolutely exploded, emphatically, declared Maurice Langhorne of Tacoma, one of

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<v Speaker 2>the best criminal lawyers in southwest Washington, who was defending

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<v Speaker 2>Mayne when he was ar reigned before Justice of the

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<v Speaker 2>Peace Westover, Maine, said, quote, they have absolutely nothing against me. Unquote.

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<v Speaker 2>Maine has a wife and two children, a boy of

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<v Speaker 2>nine and a girl of seven, his wife being related

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<v Speaker 2>to a well known Seattle family. Maine's pretty young wife, Virginia,

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<v Speaker 2>a former Seattle girl, said quote, we and the Swains

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<v Speaker 2>always have been the best of friends, All of our

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<v Speaker 2>interests were the same. Yet in spite of these strong denials,

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<v Speaker 2>the officers claimed to have definite evidence that the old

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<v Speaker 2>eternal triangle was there, plunging the two young couples along

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<v Speaker 2>toward the tragic end. They claimed to have evidence that

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<v Speaker 2>Maine and Missus Swain spent Christmas together in Seattle, while

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<v Speaker 2>the murdered man tried to make Christmas a happy one

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<v Speaker 2>for his little daughter in their napavine home. Missus Mayne's

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<v Speaker 2>faith in her husband and her belief in his innocence

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<v Speaker 2>as strong. As she talked to him last night in

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<v Speaker 2>the Sheriff's office and to the reporter who met them

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<v Speaker 2>there together, she smiled complacently, yet her face was drawn

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<v Speaker 2>and pale, and she seemed to smile through tears. You see,

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<v Speaker 2>I'm prejudiced in favor of the prisoner, she said. She

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<v Speaker 2>spoke of her two children, a girl aged nine and

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<v Speaker 2>a boy aged thirteen, with pride and yet with half

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<v Speaker 2>hidden grief at the sudden tragedy that had come upon them.

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<v Speaker 2>I have nothing much to say except that I know

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<v Speaker 2>my husband is innocent. I can't understand why so much

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<v Speaker 2>has been made of our intimacy with the Swains. A

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<v Speaker 2>year ago September, both of our families moved to Napavine.

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<v Speaker 2>We were all strangers then, so we naturally fell in

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<v Speaker 2>with each other and became the closest to friends for

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<v Speaker 2>a time. We even lived in one home together, using

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<v Speaker 2>each other's furniture. Of course, we were intimate, but there

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<v Speaker 2>was nothing wrong with that, was there? Missus Swain and

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<v Speaker 2>I always have been close friends. And Yet, contradicting this

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<v Speaker 2>frank statement, detectives working on the case claimed to have

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<v Speaker 2>proof that there had been trouble between the two families

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<v Speaker 2>for some time, that Swain had made threats against Maine,

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<v Speaker 2>although there had been an apparent reconciliation shortly before the murder.

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<v Speaker 2>Just what happened along the one business street of Napavine,

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<v Speaker 2>with its three small stores and scattered gray cottages during

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<v Speaker 2>the brief fifteen minutes, the minutes between five pm and

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<v Speaker 2>five point fifteen on that Sunday afternoon, On those fifteen minutes,

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<v Speaker 2>after all, depend the freedom and good name of Maine

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<v Speaker 2>and the happiness of his dark haired wife and his

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<v Speaker 2>two children. With Prosecutor Allan keeping strict silence, and with

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<v Speaker 2>Maine's attorneys failing to find any indication of his guilt.

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<v Speaker 2>The evidence appears to be purely circumstantial, if not absolutely flimsy.

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<v Speaker 2>It is known the state has at least four witnesses,

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<v Speaker 2>one of them a woman and another a boy, who

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<v Speaker 2>claimed to have seen Maine within a few minutes of

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<v Speaker 2>the murder, the hour of which is placed by the

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<v Speaker 2>officers at five point fifteen pm. Maine's real estate office

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<v Speaker 2>is only a short block away from Swain's grocery store

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<v Speaker 2>where the murder occurred. There is one witness for the

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<v Speaker 2>state who claims to have seen Maine talking nervously to

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<v Speaker 2>two men in front of his office at five o'clock,

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<v Speaker 2>another who claims to have seen Swain walking hastily toward

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<v Speaker 2>the grocery store at five ten, another who claims to

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00:15:30.960 --> 00:15:33.120
<v Speaker 2>have seen a light in the store go on then

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00:15:33.159 --> 00:15:36.240
<v Speaker 2>off again, and a boy who claims to have seen

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00:15:36.320 --> 00:15:39.600
<v Speaker 2>Maine walking from the store back to his office at

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00:15:39.639 --> 00:15:43.679
<v Speaker 2>five point twenty. Could the terrific struggle in the store,

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<v Speaker 2>the felling of Swain in the struggle, then the final

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00:15:47.480 --> 00:15:50.440
<v Speaker 2>blows with the acts have taken place in so short

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<v Speaker 2>a time impossible save the defense attorneys. On the other hand,

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00:15:56.720 --> 00:16:00.480
<v Speaker 2>Maine claims to have a complete alibi. He had out

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<v Speaker 2>all afternoon looking over some logged off land. He says,

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<v Speaker 2>at five o'clock he returned to his office and had

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<v Speaker 2>a conversation with two men there. At five point twenty,

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<v Speaker 2>he claims, Missus W. W Emery, wife of the owner

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<v Speaker 2>of one sawmill in Napavine, came into the office from

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<v Speaker 2>the train to telephone her husband. Missus Emory declares Maine

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<v Speaker 2>showed no signs of excitement, that there were no blood

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<v Speaker 2>stains on him, and that there was nothing unusual about

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<v Speaker 2>his appearance. Where were the blood stains? There have been

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<v Speaker 2>rumors today that a bloody coat and axe have been

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<v Speaker 2>found at Napavine, but so far there has appeared to

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<v Speaker 2>be no foundation for that, said Supreme Court Judge Maine

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<v Speaker 2>at the arrangement last night. Quote. Look at that coat

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00:16:49.799 --> 00:16:53.200
<v Speaker 2>that Oscar is wearing. That is the very suit he

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00:16:53.360 --> 00:16:55.399
<v Speaker 2>was wearing at the time he is alleged to have

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00:16:55.440 --> 00:16:59.440
<v Speaker 2>committed the murder. This arrest is the most outrageous thing

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<v Speaker 2>I've ever seen seen in all my experience unquote. January sixteenth,

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00:17:08.559 --> 00:17:14.960
<v Speaker 2>nineteen eighteen, following the filing of an information charging him

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<v Speaker 2>with murder, in the first degree. Oscar R. Main entered

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00:17:19.319 --> 00:17:23.920
<v Speaker 2>a plea of not guilty in the superior court. His

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<v Speaker 2>bail was fixed at seven thousand dollars, and on this

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<v Speaker 2>being furnished by his friends, he was released from the

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00:17:30.799 --> 00:17:34.319
<v Speaker 2>Lewis County Jail, where he has been held since his arrest.

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<v Speaker 2>Prosecuting Attorney Allen declared he was satisfied with the amount

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<v Speaker 2>of the bail. Missus Sadie Swain, wife of the murdered

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00:17:43.880 --> 00:17:48.039
<v Speaker 2>man with whom official say Maine has been infatuated, was

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00:17:48.200 --> 00:17:51.519
<v Speaker 2>endorsed on this information as one of the state's witnesses.

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<v Speaker 2>Abe L. Kaufman, her brother in law with whom she

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<v Speaker 2>has been living in Schehalis since Swain's murder, was also endorsed.

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<v Speaker 2>He is a prominent citizen in Schehalis and is said

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<v Speaker 2>to be one of the state's chief witnesses, intimately knowing

255
00:18:09.079 --> 00:18:15.599
<v Speaker 2>Missus Swain's affairs. The information against Maine charges that wilfully

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<v Speaker 2>and with premeditated design, he struck and mortally wounded Swain

257
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<v Speaker 2>with an instrument having one sharp edge and one blunt edge.

258
00:18:26.039 --> 00:18:30.160
<v Speaker 2>Maine gained his freedom from jail exactly at noon after

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00:18:30.240 --> 00:18:41.079
<v Speaker 2>bail had been furnished Oscar r Main ate two big

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00:18:41.119 --> 00:18:45.079
<v Speaker 2>pieces of pumpkin pie for dinner. He joked over the telephone,

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00:18:45.279 --> 00:18:47.960
<v Speaker 2>and he played a concert on the Victrola in his

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<v Speaker 2>home Sunday evening, January sixth, within an hour after the

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<v Speaker 2>time his friends, Fred Swain is declared to have been

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<v Speaker 2>murdered with an axe in his nearby grocery store. Sadie Swain,

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<v Speaker 2>for the love of whom Maine is declared by authorities

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00:19:05.680 --> 00:19:09.519
<v Speaker 2>of Lewis County to have brutally murdered. Swain was not

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00:19:09.720 --> 00:19:13.119
<v Speaker 2>indifferent when she heard the report that her husband had

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00:19:13.160 --> 00:19:16.640
<v Speaker 2>been heard. She was completely stunned by the news that

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00:19:16.680 --> 00:19:20.359
<v Speaker 2>he was dead, and she sobbed and heartbroken, abandoned at

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00:19:20.359 --> 00:19:23.799
<v Speaker 2>the bedside of her daughter. When officers came to take

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<v Speaker 2>his body away, she begged in vain to be allowed

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00:19:27.920 --> 00:19:32.279
<v Speaker 2>to see him. These were the two outstanding statements of

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<v Speaker 2>Missus Virginia, Maine, when for the first time she told

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<v Speaker 2>a reporter her complete story of the events as she

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00:19:39.640 --> 00:19:43.359
<v Speaker 2>saw them on the fateful Sunday evening when Swain's body

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00:19:43.480 --> 00:19:49.279
<v Speaker 2>was found hacked with an axe almost beyond recognition. If

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<v Speaker 2>there is one person who can win the freedom of

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00:19:51.839 --> 00:19:54.480
<v Speaker 2>young Maine. When he faces a jury, it will be

279
00:19:54.599 --> 00:19:58.160
<v Speaker 2>this rather small woman with dark hair, a pale face,

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<v Speaker 2>and an everlasting so And if there is any one

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00:20:02.839 --> 00:20:05.640
<v Speaker 2>person who can clear the good name of Missus Sadie

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00:20:05.720 --> 00:20:09.799
<v Speaker 2>Swain be clouded by the events which followed the tragedy,

283
00:20:10.079 --> 00:20:12.640
<v Speaker 2>it will be this same little woman, who appears to

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<v Speaker 2>hold no grudges, and whose whole makeup consists, it seems,

285
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<v Speaker 2>of an inexhaustible faith. Missus Oscar Maine, without doubt, is

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00:20:23.240 --> 00:20:26.759
<v Speaker 2>the most commanding figure in the tragic mystery which has

287
00:20:26.799 --> 00:20:30.799
<v Speaker 2>stirred this little village of logged off lands to its depths.

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<v Speaker 2>While evidence is being woven into a net of circumstance

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00:20:34.839 --> 00:20:39.440
<v Speaker 2>by detectives and sheriffs, while the small village gossip's tongues

290
00:20:39.480 --> 00:20:45.799
<v Speaker 2>are wagging, her faith remains unshaken. She believes in her husband.

291
00:20:46.640 --> 00:20:49.680
<v Speaker 2>She believes in the other woman, who they would have

292
00:20:49.680 --> 00:20:52.839
<v Speaker 2>her believe was the cause of the tragedy which has

293
00:20:52.839 --> 00:20:56.200
<v Speaker 2>brought the dark circles about her eyes and the first

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00:20:56.319 --> 00:21:01.079
<v Speaker 2>lines of sorrow on her young face. While Missus Swain,

295
00:21:01.400 --> 00:21:03.720
<v Speaker 2>at the home of her brother in law A. L.

296
00:21:03.880 --> 00:21:09.799
<v Speaker 2>Kaufman and Sehalis remained silent missus Swain today told all

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00:21:09.920 --> 00:21:13.480
<v Speaker 2>she says she knows of what happened on that Sunday evening.

298
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<v Speaker 2>Sitting in the cheery room of her modern bungalow at Napavine,

299
00:21:18.759 --> 00:21:22.440
<v Speaker 2>she told her story with remarkable frankness, as if she

300
00:21:22.519 --> 00:21:25.799
<v Speaker 2>was glad to have it told, even if the telling

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00:21:25.839 --> 00:21:30.160
<v Speaker 2>of it was agony. She told it, she said, to

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00:21:30.200 --> 00:21:33.000
<v Speaker 2>help her husband and to clear the name of her friend.

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00:21:33.839 --> 00:21:35.920
<v Speaker 2>When she tells it to the jury, it may be

304
00:21:36.039 --> 00:21:38.799
<v Speaker 2>the one thing that will save her husband, for it

305
00:21:38.880 --> 00:21:42.079
<v Speaker 2>is the biggest piece of testimony that the defense has

306
00:21:42.519 --> 00:21:47.119
<v Speaker 2>or can produce. Quote. Early that Sunday afternoon, Sadie asked

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<v Speaker 2>me if I would like to take a walk with

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00:21:48.759 --> 00:21:51.839
<v Speaker 2>her and her daughter to the Emery mill, where she

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00:21:51.960 --> 00:21:54.400
<v Speaker 2>was going to return a book her child had been reading.

310
00:21:55.160 --> 00:21:57.319
<v Speaker 2>I told her I couldn't go as my little daughter

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00:21:57.440 --> 00:22:01.279
<v Speaker 2>was not dressed. They went on toward the mill. About

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00:22:01.319 --> 00:22:04.000
<v Speaker 2>four o'clock, mister Mayne came in and asked me if

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00:22:04.000 --> 00:22:05.559
<v Speaker 2>I did not want to go for a ride in

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00:22:05.599 --> 00:22:08.440
<v Speaker 2>our car, as it was a knife afternoon and I

315
00:22:08.480 --> 00:22:11.319
<v Speaker 2>had been ill all week. I told him I was

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00:22:11.400 --> 00:22:14.240
<v Speaker 2>unable to go as our little girl was not dressed.

317
00:22:15.480 --> 00:22:18.519
<v Speaker 2>My husband then went away, coming back some time later

318
00:22:18.599 --> 00:22:21.720
<v Speaker 2>in the afternoon. I could not say exactly what time

319
00:22:21.720 --> 00:22:24.680
<v Speaker 2>it was, but we had finished dinner by six o'clock.

320
00:22:25.400 --> 00:22:28.119
<v Speaker 2>I remember he ate two big pieces of pumpkin pie.

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<v Speaker 2>That doesn't sound like the doings of a man who

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00:22:30.599 --> 00:22:34.519
<v Speaker 2>had just murdered someone, does it. There was absolutely nothing

323
00:22:34.599 --> 00:22:38.640
<v Speaker 2>unusual about his appearance. Do you want a little concert,

324
00:22:38.720 --> 00:22:41.759
<v Speaker 2>he asked when we finished dinner. I told him I did,

325
00:22:41.880 --> 00:22:43.799
<v Speaker 2>and I lay down on the couch while he played

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00:22:43.799 --> 00:22:47.319
<v Speaker 2>the Victrola. During this time, we heard the telephone bell

327
00:22:47.440 --> 00:22:50.440
<v Speaker 2>ringing frequently. You see, we're on a party line, and

328
00:22:50.480 --> 00:22:52.799
<v Speaker 2>when someone puts in a call, the bell rings in

329
00:22:52.839 --> 00:22:56.519
<v Speaker 2>our house. Someone must want a bill of groceries. Pretty bad,

330
00:22:56.720 --> 00:23:00.359
<v Speaker 2>remarked my husband. I believe now that those calls were

331
00:23:00.359 --> 00:23:03.319
<v Speaker 2>being made by Sadie, trying to locate her husband, who

332
00:23:03.319 --> 00:23:06.920
<v Speaker 2>had not returned home. About seven o'clock, Sadie called us

333
00:23:07.039 --> 00:23:09.119
<v Speaker 2>up and wanted to know the telephone number of the

334
00:23:09.160 --> 00:23:12.680
<v Speaker 2>pool hall. Mister Mayne, who answered the phone, said he

335
00:23:12.759 --> 00:23:16.160
<v Speaker 2>didn't know. He turned to me questioningly. It is number

336
00:23:16.200 --> 00:23:17.799
<v Speaker 2>so and so I told him I had to look

337
00:23:17.839 --> 00:23:20.599
<v Speaker 2>it up. When I called you there last week. My

338
00:23:20.720 --> 00:23:23.480
<v Speaker 2>husband turned to the phone and laughingly told Sadie what

339
00:23:23.559 --> 00:23:26.400
<v Speaker 2>I had said, giving the number. It was about nine

340
00:23:26.440 --> 00:23:29.720
<v Speaker 2>o'clock when Bobby, the delivery boy, came up to tell

341
00:23:29.799 --> 00:23:34.000
<v Speaker 2>us that Fred Swain was hurt. Mister Maine and mister Colson,

342
00:23:34.039 --> 00:23:37.079
<v Speaker 2>who worked with him in the real estate office, immediately

343
00:23:37.119 --> 00:23:40.960
<v Speaker 2>went down to the grocery store. Soon mister Colson called

344
00:23:41.000 --> 00:23:43.680
<v Speaker 2>me up and told me mister Swain was dead. I

345
00:23:43.759 --> 00:23:46.119
<v Speaker 2>set out at once for the Swain home to break

346
00:23:46.119 --> 00:23:49.319
<v Speaker 2>the news to Sadie if I could. There, I found

347
00:23:49.319 --> 00:23:52.240
<v Speaker 2>that she, learning from Bobby that her husband had been hurt,

348
00:23:52.400 --> 00:23:54.960
<v Speaker 2>had prepared a bed in hot water, and was waiting

349
00:23:54.960 --> 00:23:57.720
<v Speaker 2>for him to be brought home. I couldn't bear to

350
00:23:57.720 --> 00:24:00.200
<v Speaker 2>break the news, and I didn't tell her the truth

351
00:24:00.240 --> 00:24:03.400
<v Speaker 2>for some time. Sadie kept saying, over and over, Oh,

352
00:24:03.400 --> 00:24:05.000
<v Speaker 2>why don't they bring him up here? Why do they

353
00:24:05.079 --> 00:24:07.359
<v Speaker 2>leave him lying down there on the hard floor. Why

354
00:24:07.359 --> 00:24:10.279
<v Speaker 2>don't they bring him home? I've got everything ready for him.

355
00:24:10.720 --> 00:24:13.240
<v Speaker 2>It was all too cruel. So at last I told

356
00:24:13.240 --> 00:24:17.799
<v Speaker 2>her that mister Swain was dead. She was stunned. She

357
00:24:17.880 --> 00:24:20.640
<v Speaker 2>refused to believe it. It can't be true. I know

358
00:24:20.720 --> 00:24:24.240
<v Speaker 2>it can't, she said, again and again. She insisted on

359
00:24:24.359 --> 00:24:27.119
<v Speaker 2>going to him at the store. Perhaps he isn't really dead.

360
00:24:27.160 --> 00:24:30.359
<v Speaker 2>Perhaps I can do something for him, she cried. No,

361
00:24:30.759 --> 00:24:34.079
<v Speaker 2>I told her he really is dead. Doctor Pettitt and

362
00:24:34.119 --> 00:24:36.640
<v Speaker 2>the coroner have been there. As long as I had

363
00:24:36.680 --> 00:24:38.640
<v Speaker 2>any strength left in me. I wouldn't let her see

364
00:24:38.720 --> 00:24:41.240
<v Speaker 2>him the way he was at the morgue the next day.

365
00:24:41.279 --> 00:24:43.440
<v Speaker 2>I wouldn't let her see him. I wanted her to

366
00:24:43.480 --> 00:24:47.440
<v Speaker 2>remember her husband as he had been. After a time,

367
00:24:47.519 --> 00:24:50.680
<v Speaker 2>Sheriff Barry came and Sadie talked to him for some time.

368
00:24:50.960 --> 00:24:54.480
<v Speaker 2>She probably controlled herself and talked calmly to him. She

369
00:24:54.519 --> 00:24:56.920
<v Speaker 2>didn't want to make an exhibit of herself any more

370
00:24:56.920 --> 00:25:01.400
<v Speaker 2>than any other self respecting woman would. After the sheriff left,

371
00:25:01.519 --> 00:25:04.160
<v Speaker 2>Sadie went to the room of her little daughter, Marjorie.

372
00:25:04.480 --> 00:25:07.200
<v Speaker 2>She buried her face in the child's bed and sobbed

373
00:25:07.200 --> 00:25:09.920
<v Speaker 2>as if her heart would break. Oh, don't wake her,

374
00:25:10.039 --> 00:25:12.559
<v Speaker 2>don't wake her, she cried. I can't tell her that

375
00:25:12.640 --> 00:25:16.039
<v Speaker 2>her daddy is dead. I can't tell her. By this time,

376
00:25:16.119 --> 00:25:18.880
<v Speaker 2>missus Swain was on the verge of collapse. I made

377
00:25:18.880 --> 00:25:20.759
<v Speaker 2>her put on her coat and walked her up and

378
00:25:20.799 --> 00:25:23.799
<v Speaker 2>down the porch. Her knees were so weak that she

379
00:25:23.880 --> 00:25:27.880
<v Speaker 2>almost fell. A little later, missus A. L. Kaufman arrived

380
00:25:27.960 --> 00:25:30.920
<v Speaker 2>about one o'clock, I think, and took her to Sehela's.

381
00:25:31.599 --> 00:25:34.119
<v Speaker 2>Are these the actions of a woman who was cold

382
00:25:34.160 --> 00:25:38.400
<v Speaker 2>and indifferent to the death of her husband? Said Missus Maine, indignantly,

383
00:25:38.799 --> 00:25:42.319
<v Speaker 2>concluding her story, the story that may mean freedom to

384
00:25:42.359 --> 00:25:47.039
<v Speaker 2>her husband. Scoffing at the contention that Maine was infatuated

385
00:25:47.079 --> 00:25:51.559
<v Speaker 2>with Sadie Swain, Virginia Maine explained away the evidence the

386
00:25:51.599 --> 00:25:54.720
<v Speaker 2>state claims to have that they spent Christmas together in

387
00:25:54.799 --> 00:25:58.319
<v Speaker 2>Seattle and that Missus Swain left her husband and daughter

388
00:25:58.480 --> 00:26:02.559
<v Speaker 2>during the holidays. Quote, well, it is true that they

389
00:26:02.559 --> 00:26:06.279
<v Speaker 2>were in Seattle, but I was there too. Sadie and

390
00:26:06.279 --> 00:26:09.400
<v Speaker 2>I went to Seattle this Saturday before Christmas and were

391
00:26:09.480 --> 00:26:11.920
<v Speaker 2>gas at my aunt's house for a week while Sadie

392
00:26:12.000 --> 00:26:15.400
<v Speaker 2>was having an ulcer and her tooth glanced. My husband

393
00:26:15.440 --> 00:26:19.279
<v Speaker 2>came to Seattle Christmas Eve and stayed until Thursday. Sadie

394
00:26:19.279 --> 00:26:21.759
<v Speaker 2>and I went back to Napavine on New Year's Eve.

395
00:26:22.640 --> 00:26:24.960
<v Speaker 2>Of course, mister Swain was sorry not to have his

396
00:26:25.000 --> 00:26:27.640
<v Speaker 2>wife for Christmas, but he felt it was a necessity

397
00:26:27.720 --> 00:26:30.240
<v Speaker 2>for her to have her tooth treated. He and their

398
00:26:30.359 --> 00:26:33.960
<v Speaker 2>daughter spent Christmas in Sehealas. I know that the people

399
00:26:34.000 --> 00:26:37.160
<v Speaker 2>in Napovine have talked and gossiped about me, just as

400
00:26:37.160 --> 00:26:39.920
<v Speaker 2>they have talked about Missus Swain. But it makes no

401
00:26:40.000 --> 00:26:42.440
<v Speaker 2>difference to me. You see, we came here from the

402
00:26:42.480 --> 00:26:46.279
<v Speaker 2>city with city standards and customs. I know the people

403
00:26:46.319 --> 00:26:49.279
<v Speaker 2>here have criticized the good times we four have had together.

404
00:26:49.640 --> 00:26:52.480
<v Speaker 2>I know they criticized when Missus Swain would ride in

405
00:26:52.480 --> 00:26:54.680
<v Speaker 2>the front seat of the auto with my husband and

406
00:26:54.720 --> 00:26:57.000
<v Speaker 2>I would ride in the back seat with mister Swain.

407
00:26:57.519 --> 00:27:03.960
<v Speaker 2>But my conscience has always been clear unquote. She declared

408
00:27:04.079 --> 00:27:07.359
<v Speaker 2>Maine and Swain always were the best of friends, and

409
00:27:07.440 --> 00:27:10.319
<v Speaker 2>that there were no quarrels as far as she knew,

410
00:27:11.599 --> 00:27:14.359
<v Speaker 2>and I certainly would have known had there been any trouble,

411
00:27:14.680 --> 00:27:16.240
<v Speaker 2>they were always together.

412
00:27:29.039 --> 00:27:34.480
<v Speaker 3>To avoid future commercial interruptions, visit us at www dot

413
00:27:34.559 --> 00:27:39.720
<v Speaker 3>patreon dot com slash true Crime Historian. For as little

414
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<v Speaker 3>as a dollar a week, you can enjoy full access

415
00:27:42.759 --> 00:27:47.680
<v Speaker 3>to the true crime Historian, Dusty Vault, exclusive episodes, and

416
00:27:47.799 --> 00:27:53.880
<v Speaker 3>whatever personal services you require. That's www dot Patreon dot

417
00:27:53.920 --> 00:27:57.200
<v Speaker 3>com slash true crime historian.

418
00:28:01.880 --> 00:28:11.000
<v Speaker 2>Napavine, Washington, January eighteenth, nineteen eighteen. This tired town has

419
00:28:11.119 --> 00:28:14.960
<v Speaker 2>shut up like a clam. Even the dark mud on

420
00:28:15.039 --> 00:28:18.440
<v Speaker 2>its one main street and the rain silk boardwalk seemed

421
00:28:18.480 --> 00:28:23.599
<v Speaker 2>to be saturated with hidden suspicion. Breathless whispers seemed to

422
00:28:23.640 --> 00:28:26.839
<v Speaker 2>hang over the cluster of stores and framed buildings like

423
00:28:26.880 --> 00:28:32.240
<v Speaker 2>a thick fog, penetrating into every damp corner. On the surface,

424
00:28:32.400 --> 00:28:35.839
<v Speaker 2>the buying and selling the little affairs of the village

425
00:28:36.160 --> 00:28:38.960
<v Speaker 2>appear to go on as calmly as they did before

426
00:28:39.000 --> 00:28:42.839
<v Speaker 2>the Sunday evening, when the mutilated body of Fred's swain

427
00:28:43.559 --> 00:28:46.480
<v Speaker 2>was found in the rear room of his grocery store.

428
00:28:47.759 --> 00:28:51.599
<v Speaker 2>The trains go and come as usual. The children still

429
00:28:51.640 --> 00:28:54.880
<v Speaker 2>pour out of the small red brick schoolhouse across the

430
00:28:54.920 --> 00:28:58.759
<v Speaker 2>street from the home of Oscar R. Main, But it

431
00:28:58.839 --> 00:29:02.119
<v Speaker 2>is like the calm un concern of a man suspected.

432
00:29:02.640 --> 00:29:06.720
<v Speaker 2>Napavine's nerves are on edge and are likely to break

433
00:29:06.799 --> 00:29:10.960
<v Speaker 2>down at any moment. As you walk across the street,

434
00:29:11.640 --> 00:29:16.920
<v Speaker 2>Napavine's businessmen, bending over their work, glance at you darkly

435
00:29:17.000 --> 00:29:20.559
<v Speaker 2>out of the corners of their eyes go into their

436
00:29:20.559 --> 00:29:23.920
<v Speaker 2>stores and chat with them about their town, about the

437
00:29:23.960 --> 00:29:26.920
<v Speaker 2>amount of rain that has fallen, about what time the

438
00:29:27.000 --> 00:29:31.319
<v Speaker 2>trains leave, or about almost anything. And they are genial hosts,

439
00:29:32.559 --> 00:29:35.640
<v Speaker 2>but drift into the subject of the bloodstained grocery store

440
00:29:35.680 --> 00:29:40.119
<v Speaker 2>of Fred's Swain, and most of them are dumb. A

441
00:29:40.240 --> 00:29:46.240
<v Speaker 2>stranger is a suspicious person in Napavine. Take for instance,

442
00:29:46.319 --> 00:29:50.359
<v Speaker 2>that small but important question of how Oscar Main acted

443
00:29:50.720 --> 00:29:53.720
<v Speaker 2>on the day of the funeral of his best friend Swain,

444
00:29:54.359 --> 00:29:58.480
<v Speaker 2>at which he was pawbear. Was he nervous and excited

445
00:29:59.559 --> 00:30:03.799
<v Speaker 2>or did he act natural? It is declared the suspicions

446
00:30:03.839 --> 00:30:08.480
<v Speaker 2>of the officials were first aroused at the funeral. One

447
00:30:08.519 --> 00:30:11.720
<v Speaker 2>would think that the Napavinites who were there could answer

448
00:30:11.799 --> 00:30:17.079
<v Speaker 2>these questions. Cashier Stone of the Napavine Bank is a short,

449
00:30:17.160 --> 00:30:21.279
<v Speaker 2>nervous little banker with an eagle eye. His bank is

450
00:30:21.319 --> 00:30:25.039
<v Speaker 2>close up to Maine's office. He was at the funeral.

451
00:30:25.839 --> 00:30:29.720
<v Speaker 2>Would he talk about it? I should say not. He snapped,

452
00:30:29.759 --> 00:30:32.799
<v Speaker 2>his eyes blazing the idea of you coming in here

453
00:30:32.839 --> 00:30:36.200
<v Speaker 2>and asking me such a question. W. W. Emery is

454
00:30:36.200 --> 00:30:39.119
<v Speaker 2>one of the leading citizens of the village. He is

455
00:30:39.119 --> 00:30:42.400
<v Speaker 2>the owner of the Emery Sawmill and a close friend

456
00:30:42.480 --> 00:30:46.319
<v Speaker 2>of both the Mains and the Swains. A genial sort

457
00:30:46.359 --> 00:30:49.599
<v Speaker 2>of man, he is with a blunt, decided way about him.

458
00:30:49.920 --> 00:30:53.039
<v Speaker 2>With Maine, he was one of the pallbearers at the funeral.

459
00:30:53.680 --> 00:30:57.400
<v Speaker 2>Would he talk? Sure, you can ask me any questions

460
00:30:57.400 --> 00:31:00.440
<v Speaker 2>you want to, but I won't tell you anything time

461
00:31:00.519 --> 00:31:03.240
<v Speaker 2>comes to talk when the trial comes. I don't know

462
00:31:03.279 --> 00:31:06.680
<v Speaker 2>anything about the talk and gossip around town. All I'll

463
00:31:06.720 --> 00:31:09.200
<v Speaker 2>say is that I'll do my best to help mister

464
00:31:09.319 --> 00:31:13.279
<v Speaker 2>man out when the time comes. Say are you thinking

465
00:31:13.319 --> 00:31:15.799
<v Speaker 2>of going over there and talking to missus Emery? He

466
00:31:15.920 --> 00:31:19.160
<v Speaker 2>called out as an after thought. I just wanted to know,

467
00:31:19.240 --> 00:31:22.000
<v Speaker 2>because I won't allow you to. And you could see

468
00:31:22.119 --> 00:31:24.880
<v Speaker 2>by his looks that he wouldn't have allowed it either.

469
00:31:26.119 --> 00:31:30.400
<v Speaker 2>Abe L. Kaufman, at whose home in shahalas Missus Swain

470
00:31:30.559 --> 00:31:34.200
<v Speaker 2>is staying, was at the Swaying grocery store taking charge

471
00:31:34.240 --> 00:31:37.319
<v Speaker 2>of the stock. He opened the door of the store

472
00:31:37.440 --> 00:31:40.640
<v Speaker 2>part way and placed his massive body in the opening.

473
00:31:41.480 --> 00:31:45.720
<v Speaker 2>He was good natured, but mom down in the pool

474
00:31:45.759 --> 00:31:49.839
<v Speaker 2>hall by the station. The proprietor, with elbows propped up

475
00:31:49.880 --> 00:31:52.359
<v Speaker 2>on the counter, had his face buried in a book

476
00:31:52.640 --> 00:31:57.480
<v Speaker 2>with placid unconcern. He looked up for an instant. I

477
00:31:57.480 --> 00:32:00.240
<v Speaker 2>don't know a thing about it, he said, and went

478
00:32:00.319 --> 00:32:05.400
<v Speaker 2>back to his reading. Small ranchers and mill workers drifted

479
00:32:05.440 --> 00:32:08.359
<v Speaker 2>in and out of the pool hall, making purchases of

480
00:32:08.400 --> 00:32:12.480
<v Speaker 2>tobacco plugs and soda pop. Well, I guess this fellow

481
00:32:12.559 --> 00:32:16.200
<v Speaker 2>mane will go free, ventured one of them, not noticing

482
00:32:16.240 --> 00:32:19.359
<v Speaker 2>the stranger warming his feet by the stove in the

483
00:32:19.400 --> 00:32:22.119
<v Speaker 2>back of the room. Too much money in it, the

484
00:32:22.160 --> 00:32:26.240
<v Speaker 2>pool hall proprietor grunted. Then a silence he could cut

485
00:32:26.240 --> 00:32:30.200
<v Speaker 2>with a knife fell over the place. Not that Napavine

486
00:32:30.279 --> 00:32:33.640
<v Speaker 2>isn't interested in the unfolding drama that is being talked

487
00:32:33.640 --> 00:32:36.559
<v Speaker 2>about for the first time in many years, it is

488
00:32:36.599 --> 00:32:41.640
<v Speaker 2>almost morbidly interested. As the bundles of newspapers are dropped

489
00:32:41.640 --> 00:32:45.000
<v Speaker 2>off of the incoming trains, they are snatched up eagerly.

490
00:32:45.880 --> 00:32:49.279
<v Speaker 2>After train time, children, men and women can be seen

491
00:32:49.359 --> 00:32:53.000
<v Speaker 2>walking slowly along the main street reading every word in

492
00:32:53.079 --> 00:32:57.440
<v Speaker 2>the printed columns. After school is out, little groups of

493
00:32:57.480 --> 00:33:00.799
<v Speaker 2>boys and girls can be seen peering through the windows

494
00:33:00.839 --> 00:33:06.200
<v Speaker 2>of the Swain grocery store. Napavine is all on edge,

495
00:33:06.240 --> 00:33:11.160
<v Speaker 2>wondering what will come next and Napavinites or whispering gossip

496
00:33:11.200 --> 00:33:21.559
<v Speaker 2>about one another behind one another's backs. A deep well

497
00:33:21.599 --> 00:33:24.640
<v Speaker 2>at the back of the Swain grocery store at Napavine

498
00:33:25.119 --> 00:33:28.200
<v Speaker 2>may be searched by officers in an attempt to find

499
00:33:28.240 --> 00:33:32.200
<v Speaker 2>the bloody shingle axe with which Fred Swain was murdered

500
00:33:32.200 --> 00:33:36.799
<v Speaker 2>in the rear of his store Sunday afternoon, January sixth.

501
00:33:37.640 --> 00:33:41.319
<v Speaker 2>This was learned today following a positive statement from Sheriff

502
00:33:41.440 --> 00:33:45.039
<v Speaker 2>Barry that the axe which the murderer had used had

503
00:33:45.039 --> 00:33:48.680
<v Speaker 2>not been found. Though officers have made a thorough search

504
00:33:48.799 --> 00:33:52.160
<v Speaker 2>over every foot of ground in the vicinity of the crime,

505
00:33:53.079 --> 00:33:56.960
<v Speaker 2>The well back of the Swain store is regarded as

506
00:33:57.000 --> 00:34:01.039
<v Speaker 2>a likely hiding place for the weapon. Just how deep

507
00:34:01.079 --> 00:34:05.319
<v Speaker 2>this well is nobody seems to know. If the search

508
00:34:05.440 --> 00:34:08.880
<v Speaker 2>is made before May fifth, the day Young Maine must

509
00:34:08.880 --> 00:34:12.679
<v Speaker 2>stand trial for the murder, it will probably require a

510
00:34:12.800 --> 00:34:16.079
<v Speaker 2>diver to recover the weapon if it is there, unless

511
00:34:16.119 --> 00:34:20.360
<v Speaker 2>the well can be pumped dry. The character of the

512
00:34:20.400 --> 00:34:24.400
<v Speaker 2>weapon used, officials declare, bears out the theory that the

513
00:34:24.480 --> 00:34:28.760
<v Speaker 2>crime was premeditated, as Swain had no such axe in

514
00:34:28.840 --> 00:34:33.599
<v Speaker 2>his store. Also, a hatchet which belonged to Swain was

515
00:34:33.679 --> 00:34:38.000
<v Speaker 2>found in its accustomed place. When officers examine the store

516
00:34:38.320 --> 00:34:43.239
<v Speaker 2>after finding Swain's body, there were no bloodstains on this hatchet,

517
00:34:43.320 --> 00:34:46.119
<v Speaker 2>and it was apparently too dull to have made the

518
00:34:46.159 --> 00:34:50.280
<v Speaker 2>gashes in Swain's head. New interest was added to the

519
00:34:50.360 --> 00:34:53.840
<v Speaker 2>axe hunt today with the assertion of officers that Maine

520
00:34:53.880 --> 00:34:56.800
<v Speaker 2>has admitted he had an axe with him during the

521
00:34:56.880 --> 00:35:00.280
<v Speaker 2>Sunday afternoon before the murder occurred, but that he does

522
00:35:00.320 --> 00:35:03.960
<v Speaker 2>not know where it is now. It was also learned

523
00:35:04.000 --> 00:35:07.639
<v Speaker 2>today that the defense has had eight private detectives working

524
00:35:07.719 --> 00:35:11.840
<v Speaker 2>day and night in Sehalis and Napavine since last Sunday

525
00:35:11.920 --> 00:35:15.880
<v Speaker 2>night trying to work up a clue that might absolve Maine.

526
00:35:16.000 --> 00:35:19.760
<v Speaker 2>Two of these detectives from Seattle, it was understood, have

527
00:35:19.880 --> 00:35:22.599
<v Speaker 2>been receiving twenty five dollars a day for their work.

528
00:35:23.599 --> 00:35:26.559
<v Speaker 2>That their efforts so far have been in vain was

529
00:35:26.639 --> 00:35:30.400
<v Speaker 2>indicated when it was learned that on Tuesday afternoon, before

530
00:35:30.480 --> 00:35:35.199
<v Speaker 2>the information against Maine was filed, Prosecutor Allan told these

531
00:35:35.199 --> 00:35:38.480
<v Speaker 2>defense detectives that if they had any definite clues which

532
00:35:38.519 --> 00:35:42.039
<v Speaker 2>would show guilt of any other person, he might drop

533
00:35:42.119 --> 00:35:48.639
<v Speaker 2>the prosecution. Charges by Maurice Langhorne, attorney for Maine, yesterday

534
00:35:48.719 --> 00:35:53.320
<v Speaker 2>that Sheriff Barry himself was infatuated with Missus Swain and

535
00:35:53.400 --> 00:35:56.599
<v Speaker 2>for that reason was anxious to get Maine in jail.

536
00:35:56.960 --> 00:36:01.559
<v Speaker 2>Or laughed at by the sheriff. Today, Langhorn is likely

537
00:36:01.639 --> 00:36:05.639
<v Speaker 2>to say anything, he said, and indicated that the charges

538
00:36:05.679 --> 00:36:09.199
<v Speaker 2>were made only to create prejudice in the county against

539
00:36:09.239 --> 00:36:13.559
<v Speaker 2>the officers who worked up the case against Maine. Tacoma

540
00:36:13.639 --> 00:36:18.719
<v Speaker 2>City detectives Brond and Huckaba likewise ridiculed Langhorne's charges that

541
00:36:18.800 --> 00:36:21.840
<v Speaker 2>the detectives had broken into the main home last Monday,

542
00:36:22.360 --> 00:36:25.480
<v Speaker 2>said Detective Brown, we would be fools to do such

543
00:36:25.519 --> 00:36:29.639
<v Speaker 2>a thing without a warrant. Sheriff Barry, it was reported today,

544
00:36:30.280 --> 00:36:33.280
<v Speaker 2>was in favor of refusing to release Maine from jail

545
00:36:33.440 --> 00:36:36.280
<v Speaker 2>on any bail, and was only on an order from

546
00:36:36.360 --> 00:36:38.960
<v Speaker 2>Judge Reynolds that he gained his freedom on a seven

547
00:36:39.000 --> 00:36:42.719
<v Speaker 2>thousand dollars bond. As it is very unusual for a

548
00:36:42.760 --> 00:36:45.960
<v Speaker 2>man charged with murder to be released on bail, it

549
00:36:46.039 --> 00:36:48.920
<v Speaker 2>was animated that strong pressure had been brought to bear

550
00:36:49.320 --> 00:36:54.280
<v Speaker 2>to obtain Maine's release. That there will be no inquest

551
00:36:54.400 --> 00:36:57.519
<v Speaker 2>over the death of Swain as the announcement of Coroner

552
00:36:57.679 --> 00:37:01.400
<v Speaker 2>Edward Newall He said as the room in which Swain's

553
00:37:01.400 --> 00:37:04.639
<v Speaker 2>body was found had been so disturbed when he arrived

554
00:37:04.800 --> 00:37:09.000
<v Speaker 2>that clues had been obliterated. Free for the first time

555
00:37:09.079 --> 00:37:13.559
<v Speaker 2>since his arrest last Wednesday, Maine is in Napavine today

556
00:37:13.960 --> 00:37:21.719
<v Speaker 2>with his wife and two children, Sehelis Washington, March second,

557
00:37:22.119 --> 00:37:28.360
<v Speaker 2>nineteen eighteen. Sensational evidence, which so far has been kept

558
00:37:28.360 --> 00:37:32.039
<v Speaker 2>a close secret, is likely to be sprung by prosecuting

559
00:37:32.079 --> 00:37:35.840
<v Speaker 2>Attorney Allen when the trial of Oscar R. Maine for

560
00:37:35.880 --> 00:37:40.679
<v Speaker 2>the murder of his friend Fred Swain begins Monday. When

561
00:37:40.719 --> 00:37:43.960
<v Speaker 2>asked today if he had any surprises to spring, prosecuting

562
00:37:44.000 --> 00:37:47.000
<v Speaker 2>Attorney Allan said, I don't know that. All depends on

563
00:37:47.039 --> 00:37:49.559
<v Speaker 2>how much the other side has found out they've been

564
00:37:49.639 --> 00:37:54.480
<v Speaker 2>right on the job. Attorney Maurice Langhorne of Tacoma, who

565
00:37:54.559 --> 00:37:57.760
<v Speaker 2>is to direct the fight for Maine, arrived here last

566
00:37:57.840 --> 00:37:59.840
<v Speaker 2>night and is preparing for the opening of the t

567
00:38:01.480 --> 00:38:04.280
<v Speaker 2>Judge Maine also is here to assist his brother in

568
00:38:04.320 --> 00:38:09.559
<v Speaker 2>every possible way. He declares he believes thoroughly in Oscar's innocence.

569
00:38:10.679 --> 00:38:14.239
<v Speaker 2>Prosecutor Allan believes there may be some considerable difficulty in

570
00:38:14.280 --> 00:38:18.320
<v Speaker 2>getting a jury to try the case. Quote, almost everybody

571
00:38:18.360 --> 00:38:21.960
<v Speaker 2>in the county knows of it. Unquote, an extra veneer

572
00:38:22.000 --> 00:38:32.159
<v Speaker 2>of jurymen has been summoned. March fourth, nineteen eighteen. The

573
00:38:32.199 --> 00:38:34.440
<v Speaker 2>fight for the good name of a woman who was

574
00:38:34.480 --> 00:38:36.679
<v Speaker 2>born here and who lived all her life in this

575
00:38:36.840 --> 00:38:40.159
<v Speaker 2>county was fully as much the center of interest as

576
00:38:40.239 --> 00:38:43.599
<v Speaker 2>the battle for the freedom of Oscar R. Main, when

577
00:38:43.639 --> 00:38:46.039
<v Speaker 2>the trial of Maine on the charge of murdering his

578
00:38:46.119 --> 00:38:50.239
<v Speaker 2>friend Fred Swain, began before Judge Reynolds in the Superior

579
00:38:50.320 --> 00:38:54.320
<v Speaker 2>Court here this afternoon. On the testimony of Missus Swain,

580
00:38:54.639 --> 00:38:58.800
<v Speaker 2>wife of the murdered Napavine groceryman, is expected to depend

581
00:38:58.880 --> 00:39:01.840
<v Speaker 2>largely the fate of the brother of Supreme Court Justice

582
00:39:01.920 --> 00:39:04.960
<v Speaker 2>Maine in the bitter fight to break down the web

583
00:39:05.000 --> 00:39:09.360
<v Speaker 2>of circumstantial evidence which Prosecutor Allen and his officers have

584
00:39:09.480 --> 00:39:14.960
<v Speaker 2>been building. Missus Swain, who has remained in practical seclusion

585
00:39:15.079 --> 00:39:18.119
<v Speaker 2>since the arrest of Maine, has been endorsed as a

586
00:39:18.159 --> 00:39:22.079
<v Speaker 2>witness for the state. What the prosecution hopes to bring

587
00:39:22.119 --> 00:39:25.320
<v Speaker 2>out from her testimony tending to show the guilt of

588
00:39:25.360 --> 00:39:28.760
<v Speaker 2>the man who, it is claimed had been unduly attentive

589
00:39:28.800 --> 00:39:33.800
<v Speaker 2>to her still remains a mystery in all her statements,

590
00:39:34.039 --> 00:39:38.079
<v Speaker 2>and she has continually sought to avoid publicity. Missus Swain

591
00:39:38.159 --> 00:39:41.159
<v Speaker 2>has expressed her belief in Maine's innocence of the crime

592
00:39:41.519 --> 00:39:44.719
<v Speaker 2>which has stirred this county from one end to the other.

593
00:39:45.679 --> 00:39:48.639
<v Speaker 2>As a preliminary to the opening of the trial, the

594
00:39:48.719 --> 00:39:52.079
<v Speaker 2>court this morning granted the motion of Prosecutor Allan to

595
00:39:52.119 --> 00:39:55.480
<v Speaker 2>be permitted to endorse twelve more witnesses for the prosecution.

596
00:39:56.840 --> 00:39:59.840
<v Speaker 2>The defense is said to have more than forty witnesses.

597
00:40:01.320 --> 00:40:04.280
<v Speaker 2>Because of the interest which the case has caused throughout

598
00:40:04.320 --> 00:40:08.480
<v Speaker 2>the county, the task of picking unbiased jurymen will be

599
00:40:08.519 --> 00:40:18.239
<v Speaker 2>a long one March fifth, nineteen eighteen. We will show

600
00:40:18.320 --> 00:40:22.400
<v Speaker 2>that Oscar R. Main and Missus fred Swain took auto

601
00:40:22.400 --> 00:40:26.400
<v Speaker 2>trips together, and that Mayne visited Missus Swain while her

602
00:40:26.440 --> 00:40:30.920
<v Speaker 2>husband was away. We will also show conditions where such

603
00:40:31.239 --> 00:40:34.960
<v Speaker 2>that Maine and Missus Swain both were talking of getting

604
00:40:34.960 --> 00:40:40.960
<v Speaker 2>divorces only three weeks before the murder of Swain. These

605
00:40:41.000 --> 00:40:45.000
<v Speaker 2>were the startling disclosures promised by prosecuting Attorney Allen here

606
00:40:45.039 --> 00:40:48.039
<v Speaker 2>today in his opening statement to the jury, which is

607
00:40:48.079 --> 00:40:51.159
<v Speaker 2>to decide the fate of Supreme Court Justice Maine's younger

608
00:40:51.199 --> 00:40:54.719
<v Speaker 2>brother on trial for the murder of his friend at Napavine.

609
00:40:54.800 --> 00:41:00.280
<v Speaker 2>January sixth. The many spectators and Judge Reynolds's courtroom here

610
00:41:00.320 --> 00:41:04.199
<v Speaker 2>were held in breathless expectancy as the prosecutor at the

611
00:41:04.199 --> 00:41:08.159
<v Speaker 2>opening of the trial outlined the circumstantial proof which the

612
00:41:08.199 --> 00:41:13.559
<v Speaker 2>state has to offer to show Maine's guilt. Quote, we

613
00:41:13.639 --> 00:41:18.519
<v Speaker 2>intend to prove that relations between Fred Swain, murdered Napavine merchant,

614
00:41:18.920 --> 00:41:23.400
<v Speaker 2>and Oscar Maine, charged with the crime were strained, the

615
00:41:23.440 --> 00:41:27.320
<v Speaker 2>prosecutor began. We will show that Maine had caused trouble

616
00:41:27.400 --> 00:41:31.559
<v Speaker 2>between Swain and his wife due to intimacy between Maine

617
00:41:31.559 --> 00:41:36.119
<v Speaker 2>and Missus Swain. The state will show further that Swain

618
00:41:36.280 --> 00:41:39.960
<v Speaker 2>and Maine had serious trouble in which threats of shooting

619
00:41:39.960 --> 00:41:44.239
<v Speaker 2>were made, that Maine was seen entering Swain's grocery store

620
00:41:44.400 --> 00:41:49.280
<v Speaker 2>just before the murder and was seen leaving later. Attorney

621
00:41:49.400 --> 00:41:54.840
<v Speaker 2>Maurice Langhorne of Tacoma, who is representing Maine, declared today

622
00:41:54.960 --> 00:41:58.239
<v Speaker 2>the defense will show that the alleged intimacy between Maine

623
00:41:58.280 --> 00:42:02.519
<v Speaker 2>and Missus Swain was business intimacy, and that Maine was

624
00:42:02.519 --> 00:42:05.679
<v Speaker 2>handling the Red Cross and Liberty loan work among men

625
00:42:06.159 --> 00:42:10.000
<v Speaker 2>while Missus Swain was handling it for women. This brought

626
00:42:10.039 --> 00:42:14.599
<v Speaker 2>them together often, he declared. Langhorne said he would prove

627
00:42:14.679 --> 00:42:18.400
<v Speaker 2>conclusively that Maine and Swain were close friends up to

628
00:42:18.440 --> 00:42:22.039
<v Speaker 2>the time of the murder. Also, he said he will

629
00:42:22.039 --> 00:42:24.760
<v Speaker 2>furnish an alibi by showing that Maine was in his

630
00:42:24.880 --> 00:42:28.960
<v Speaker 2>office at the time the crime was committed. Quote. The

631
00:42:29.000 --> 00:42:32.440
<v Speaker 2>defense will prove that Swain had the utmost confidence in Maine,

632
00:42:32.519 --> 00:42:34.840
<v Speaker 2>having trusted the care of his wife to Mane. Two

633
00:42:34.960 --> 00:42:40.679
<v Speaker 2>days before the murder unquote. Maine sat beside his attorneys

634
00:42:40.679 --> 00:42:44.159
<v Speaker 2>and watched with keen yet cool interest in the selection

635
00:42:44.280 --> 00:42:48.159
<v Speaker 2>of the twelve persons who would decide his fate. Not

636
00:42:48.360 --> 00:42:51.840
<v Speaker 2>once did he show any signs of disturbance or anxiety

637
00:42:52.000 --> 00:42:56.760
<v Speaker 2>or uneasiness. Behind him sat his wife, a well dressed

638
00:42:56.760 --> 00:43:00.800
<v Speaker 2>young woman, and his brother, Supreme Court Justice Man, who

639
00:43:00.840 --> 00:43:04.480
<v Speaker 2>came down from Olympia to sit through the trial. In

640
00:43:04.599 --> 00:43:09.159
<v Speaker 2>examining witnesses, prosecuting attorney Allen questioned a considerable length on

641
00:43:09.199 --> 00:43:14.639
<v Speaker 2>the feeling of each successive veneerman towards circumstantial evidence. Suppose

642
00:43:15.000 --> 00:43:18.280
<v Speaker 2>he said in nearly every case that all the evidence

643
00:43:18.320 --> 00:43:20.719
<v Speaker 2>presented in this case by the States should happen to

644
00:43:20.760 --> 00:43:24.760
<v Speaker 2>be circumstantial instead of direct evidence. Would you hesitate about

645
00:43:24.800 --> 00:43:27.840
<v Speaker 2>convicting the defendant if the evidence given was such to

646
00:43:27.920 --> 00:43:31.239
<v Speaker 2>convince you beyond a reasonable doubt that he is guilty.

647
00:43:31.719 --> 00:43:35.400
<v Speaker 2>The usual answer was no. Some of the veneermen, however,

648
00:43:35.519 --> 00:43:39.199
<v Speaker 2>said the circumstantial evidence would have to be convincing before

649
00:43:39.239 --> 00:43:43.320
<v Speaker 2>they would vote for conviction. The attorneys in the case,

650
00:43:43.679 --> 00:43:49.159
<v Speaker 2>contrary to expectation, selected a satisfactory jury in exactly four hours.

651
00:43:49.800 --> 00:43:53.039
<v Speaker 2>Only twenty four vaneermen were used in getting the required

652
00:43:53.079 --> 00:43:57.599
<v Speaker 2>twelve jurors. The state used all its challenges, while the

653
00:43:57.679 --> 00:44:01.760
<v Speaker 2>defense accepted the jury while its still had two challenges left.

654
00:44:02.480 --> 00:44:05.880
<v Speaker 2>Only five veneermen were excused by the court because of

655
00:44:05.920 --> 00:44:11.440
<v Speaker 2>having formed opinions or having prejudices against circumstantial evidence. Four

656
00:44:11.480 --> 00:44:16.320
<v Speaker 2>women and eight men will decide the fate of Oscar Maine.

657
00:44:16.519 --> 00:44:20.440
<v Speaker 2>The jury, after being accepted, was sworn in, and after

658
00:44:20.480 --> 00:44:22.559
<v Speaker 2>being told to be on hand to start the trial

659
00:44:22.599 --> 00:44:26.599
<v Speaker 2>at nine o'clock this morning, was excused. They were taken

660
00:44:26.639 --> 00:44:29.400
<v Speaker 2>in charge by a bailiff and presented in a lonesome

661
00:44:29.440 --> 00:44:31.599
<v Speaker 2>appearance as they sat in a corner of the sitting

662
00:44:31.639 --> 00:44:35.360
<v Speaker 2>room of the Saint Helen's Hotel, segregated from the rest

663
00:44:35.400 --> 00:45:01.000
<v Speaker 2>of the guests. March sixth, nineteen eighteen, the State today

664
00:45:01.119 --> 00:45:04.360
<v Speaker 2>started to weave its web of circumstantial evidence in the

665
00:45:04.440 --> 00:45:08.880
<v Speaker 2>murder trial of Oscar Maine. Owing to the congested condition

666
00:45:09.000 --> 00:45:13.000
<v Speaker 2>of the Lewis County Superior Court room, Judge Reynolds ordered

667
00:45:13.039 --> 00:45:16.000
<v Speaker 2>the isles cleared when the main murder case was called.

668
00:45:16.760 --> 00:45:19.199
<v Speaker 2>The room is small, and the result of the order

669
00:45:19.320 --> 00:45:22.559
<v Speaker 2>was that many were obliged to retire and went home

670
00:45:22.800 --> 00:45:26.519
<v Speaker 2>unable to gain admission. After the jury had visited the

671
00:45:26.559 --> 00:45:30.519
<v Speaker 2>scene of the crime at Napavine early yesterday afternoon, five

672
00:45:30.559 --> 00:45:34.320
<v Speaker 2>witnesses for the state were examined, out of a total

673
00:45:34.360 --> 00:45:37.920
<v Speaker 2>of thirty four who have been subpoenaed. The first witness

674
00:45:37.920 --> 00:45:41.039
<v Speaker 2>to enter the box was Robert Myers, a sixteen year

675
00:45:41.079 --> 00:45:44.440
<v Speaker 2>old boy who drove the delivery car for Fred Swain

676
00:45:44.519 --> 00:45:48.079
<v Speaker 2>and conducting the grocery business. Told of finding Swain's body

677
00:45:48.079 --> 00:45:50.079
<v Speaker 2>in the rear of his store, and how later he

678
00:45:50.159 --> 00:45:52.400
<v Speaker 2>went to Main's home and asked him to go to

679
00:45:52.440 --> 00:45:56.360
<v Speaker 2>the store. Meyers testified. When Maine saw the body, he

680
00:45:56.440 --> 00:46:00.960
<v Speaker 2>declared an undertaker was needed worse than a doctor. Myers

681
00:46:00.960 --> 00:46:03.960
<v Speaker 2>related how on the evening of the murder, about nine o'clock,

682
00:46:04.519 --> 00:46:07.119
<v Speaker 2>Missus Swain called his home and asked that he go

683
00:46:07.199 --> 00:46:09.519
<v Speaker 2>to the store to see why Fred did not come home.

684
00:46:10.559 --> 00:46:14.320
<v Speaker 2>Myers and a companion, Bob Evans, went to the store

685
00:46:14.360 --> 00:46:18.559
<v Speaker 2>and found Swain's dead body. They hurried to Missus Swain's home,

686
00:46:18.599 --> 00:46:21.239
<v Speaker 2>where they told her that Fred had been hurt, calling

687
00:46:21.280 --> 00:46:25.599
<v Speaker 2>a doctor and R. B. Patterson, a druggist. Myers and

688
00:46:25.679 --> 00:46:28.440
<v Speaker 2>Evans then went to Oscar Maine's home and asked the

689
00:46:28.519 --> 00:46:31.760
<v Speaker 2>latter to go with them to Swain's store, telling him

690
00:46:31.760 --> 00:46:34.599
<v Speaker 2>that Swain had been hurt. On the way, they met

691
00:46:34.719 --> 00:46:38.000
<v Speaker 2>John Coulson, who accompanied the party to the scene of

692
00:46:38.000 --> 00:46:44.039
<v Speaker 2>the tragedy. Myers unlocked the store and all entered. Herbert Myers,

693
00:46:44.039 --> 00:46:46.760
<v Speaker 2>a younger brother of the witness, soon arrived, and shortly

694
00:46:46.800 --> 00:46:51.559
<v Speaker 2>afterward doctor Pettitt, who pronounced Swain dead and telephoned immediately

695
00:46:51.599 --> 00:46:55.760
<v Speaker 2>for Sheriff John Barriet and Coroner Newall. When Sheriff Barry

696
00:46:55.840 --> 00:46:59.280
<v Speaker 2>and Coroner Newell arrived, they made an inspection of the premises.

697
00:47:00.119 --> 00:47:03.840
<v Speaker 2>Safe and valuables of various kinds were found intact, and

698
00:47:03.960 --> 00:47:06.559
<v Speaker 2>so far as the witness could see, nothing in the

699
00:47:06.599 --> 00:47:10.519
<v Speaker 2>store had been molested. Myers had previously left the store

700
00:47:10.639 --> 00:47:15.199
<v Speaker 2>between twelve and one o'clock. On cross examination, Myers admitted

701
00:47:15.239 --> 00:47:18.159
<v Speaker 2>that Maine was not often about the store, but that

702
00:47:18.239 --> 00:47:21.239
<v Speaker 2>he and Swain were often together, especially in company with

703
00:47:21.320 --> 00:47:25.079
<v Speaker 2>their wives. The witness admitted that it was after Maine

704
00:47:25.119 --> 00:47:28.320
<v Speaker 2>saw the dead body of Swain that Maine remarked that

705
00:47:28.400 --> 00:47:33.400
<v Speaker 2>an undertaker was needed instead of a doctor. Myers unlocked

706
00:47:33.440 --> 00:47:37.519
<v Speaker 2>the store and all entered. Herbert Myers, a younger brother

707
00:47:37.559 --> 00:47:41.480
<v Speaker 2>of the witness, soon arrived, and shortly afterward doctor Pettitt,

708
00:47:41.480 --> 00:47:45.559
<v Speaker 2>who pronounced Swain dead and telephoned immediately for Sheriff John

709
00:47:45.639 --> 00:47:50.159
<v Speaker 2>Berry at Schehalis and Coroner Newell. When Sheriff Barry and

710
00:47:50.199 --> 00:47:53.400
<v Speaker 2>Corner Newell arrived, they made an inspection of the premises.

711
00:47:54.199 --> 00:47:57.840
<v Speaker 2>The safe and valuables of various kinds were found intact,

712
00:47:58.280 --> 00:48:00.519
<v Speaker 2>and so far as the witness could see, nothing in

713
00:48:00.559 --> 00:48:04.800
<v Speaker 2>the store had been molested. Myers had previously left the

714
00:48:04.840 --> 00:48:10.159
<v Speaker 2>store between twelve and one o'clock. On cross examination, Myers

715
00:48:10.199 --> 00:48:13.639
<v Speaker 2>admitted that Maine was not often about the store, but

716
00:48:13.760 --> 00:48:17.400
<v Speaker 2>that he and Swain were often together, especially in company

717
00:48:17.440 --> 00:48:21.159
<v Speaker 2>with their wives. The witness admitted that it was after

718
00:48:21.280 --> 00:48:25.000
<v Speaker 2>Maine saw the dead body of Swain that Maine remarked

719
00:48:25.000 --> 00:48:29.400
<v Speaker 2>that an undertaker was needed instead of a doctor. Bob Evans,

720
00:48:29.679 --> 00:48:33.599
<v Speaker 2>the boy companion of Myers, told practically the same story.

721
00:48:34.519 --> 00:48:37.559
<v Speaker 2>Evans said that Maine remarked, when it was suggested that

722
00:48:37.599 --> 00:48:40.400
<v Speaker 2>the sheriff be called, that he didn't see any sense

723
00:48:40.440 --> 00:48:45.159
<v Speaker 2>to that. On cross examination, he said Maine suggested calling

724
00:48:45.199 --> 00:48:49.800
<v Speaker 2>the coroner. Doctor Pettitt, who was called, testified that Maine

725
00:48:49.840 --> 00:48:53.880
<v Speaker 2>was with him when the examination of Swain's body was made.

726
00:48:53.960 --> 00:48:57.079
<v Speaker 2>Doctor Pettitt said that when he entered the store, Maine

727
00:48:57.159 --> 00:48:59.880
<v Speaker 2>told him Swain had been taking inventory and had fallen

728
00:48:59.880 --> 00:49:04.000
<v Speaker 2>off off a box, striking his head. Pettit declared such

729
00:49:04.039 --> 00:49:07.320
<v Speaker 2>an accident would have been impossible. He said that life

730
00:49:07.360 --> 00:49:11.639
<v Speaker 2>had been extinct for several hours when he arrived. Quote

731
00:49:11.719 --> 00:49:14.840
<v Speaker 2>Maine said, he called the coroner and the undertaker. I

732
00:49:14.920 --> 00:49:17.360
<v Speaker 2>told him you'd better notify the sheriff, as this was

733
00:49:17.360 --> 00:49:20.599
<v Speaker 2>a suspicious case. He told me to do it myself,

734
00:49:20.639 --> 00:49:24.559
<v Speaker 2>as I was nearer the phone. Un Pettit said, Main

735
00:49:24.639 --> 00:49:27.280
<v Speaker 2>asked him if he'd ever treated Swain for heart disease.

736
00:49:28.159 --> 00:49:33.519
<v Speaker 2>On cross examination, Pettitt admitted Main did not appear unduly nervous.

737
00:49:34.320 --> 00:49:37.119
<v Speaker 2>Doctor Pettitt testified that he found a cut over the

738
00:49:37.159 --> 00:49:39.519
<v Speaker 2>man's right eye from the temple to the bridge of

739
00:49:39.519 --> 00:49:43.119
<v Speaker 2>the nose, three or four inches long, which had gone

740
00:49:43.159 --> 00:49:46.440
<v Speaker 2>through the skull to the brain, apparently made by a

741
00:49:46.480 --> 00:49:51.119
<v Speaker 2>sharp edged instrument, and with little blood on it. Another wound,

742
00:49:51.199 --> 00:49:54.000
<v Speaker 2>a little higher, he said, ran from the center of

743
00:49:54.039 --> 00:49:57.800
<v Speaker 2>the forehead and was apparently made by a square edged instrument,

744
00:49:58.239 --> 00:50:01.800
<v Speaker 2>this one being more of a surface wound. On top

745
00:50:01.880 --> 00:50:04.880
<v Speaker 2>of the head was another wound three or four inches long,

746
00:50:05.320 --> 00:50:09.480
<v Speaker 2>apparently made by a dull edged instrument, the bone being shattered.

747
00:50:10.159 --> 00:50:12.599
<v Speaker 2>At the base of the skull was another wound which

748
00:50:12.599 --> 00:50:15.599
<v Speaker 2>had apparently been made by two blows, one with a

749
00:50:15.679 --> 00:50:19.000
<v Speaker 2>sharp edge, the other with a doll one. The wound

750
00:50:19.039 --> 00:50:23.480
<v Speaker 2>over the eye was the last given. Apparently. The wounds

751
00:50:23.480 --> 00:50:26.119
<v Speaker 2>were apparently made with an axe of some kind. Doctor

752
00:50:26.119 --> 00:50:29.480
<v Speaker 2>Pettitt said he admitted that Maine had told him that

753
00:50:29.559 --> 00:50:33.159
<v Speaker 2>Swain had fallen before he told him of Swain being murdered.

754
00:50:34.000 --> 00:50:38.280
<v Speaker 2>Sheriff Berry testified to being called the Napavine by doctor Pettitt,

755
00:50:38.519 --> 00:50:42.280
<v Speaker 2>who told him that fred Swain had been murdered. Sheriff

756
00:50:42.360 --> 00:50:45.280
<v Speaker 2>Berry testified there was evidence of a struggle in the

757
00:50:45.320 --> 00:50:48.920
<v Speaker 2>back room, one box lying over a pool of blood,

758
00:50:49.360 --> 00:50:53.920
<v Speaker 2>evidently having fallen there or been designedly placed there. On

759
00:50:54.000 --> 00:50:56.960
<v Speaker 2>cross examination, he admitted that the bag in the safe

760
00:50:57.000 --> 00:51:00.599
<v Speaker 2>contained seventy dollars was secreted in such a manner that

761
00:51:00.639 --> 00:51:04.320
<v Speaker 2>it might have been overlooked in a hurried search. Other

762
00:51:04.440 --> 00:51:07.239
<v Speaker 2>drawers in the safe were opened, he said, though nothing

763
00:51:07.320 --> 00:51:10.960
<v Speaker 2>was scattered about the floor. The cash drawer stood open

764
00:51:11.079 --> 00:51:14.360
<v Speaker 2>with about two dollars in cash in it. C. P.

765
00:51:14.639 --> 00:51:18.480
<v Speaker 2>Lloyd of Napavine testified that a year ago he saw

766
00:51:18.519 --> 00:51:21.280
<v Speaker 2>a shingle hatchet in the woodshed of the main home

767
00:51:21.760 --> 00:51:25.039
<v Speaker 2>he worked for Maine in January nineteen sixteen in the

768
00:51:25.119 --> 00:51:28.880
<v Speaker 2>latter's woodshed, and claimed that at that time Maine had

769
00:51:28.880 --> 00:51:33.679
<v Speaker 2>a small hatchet such as menus and lathing houses. Lloyd

770
00:51:33.760 --> 00:51:36.639
<v Speaker 2>testified that on the evening of the murder, he and W. P.

771
00:51:36.840 --> 00:51:40.360
<v Speaker 2>Jones were together near Main's real estate office in Napavine.

772
00:51:41.239 --> 00:51:44.039
<v Speaker 2>Jones had a heavy box he had been carrying and

773
00:51:44.159 --> 00:51:46.800
<v Speaker 2>Lloyd suggested that he leave it at Maine's office till

774
00:51:46.840 --> 00:51:50.480
<v Speaker 2>the next morning. Lloyd said Maine was standing in front

775
00:51:50.519 --> 00:51:53.559
<v Speaker 2>of his office, apparently watching all sides of the streets,

776
00:51:54.000 --> 00:51:56.239
<v Speaker 2>that Maine went in and out of his office three

777
00:51:56.320 --> 00:51:59.880
<v Speaker 2>or four times, and that he seemed rather excited. The

778
00:52:00.119 --> 00:52:02.079
<v Speaker 2>three men met in front of the bank and asked

779
00:52:02.159 --> 00:52:04.400
<v Speaker 2>Maine if they could leave the box in his office.

780
00:52:04.880 --> 00:52:07.559
<v Speaker 2>He agreed, and they took it in there. As they

781
00:52:07.599 --> 00:52:09.639
<v Speaker 2>came out the door, Maine met them at the front

782
00:52:09.639 --> 00:52:12.440
<v Speaker 2>of his door, though he had previously passed him on

783
00:52:12.480 --> 00:52:17.119
<v Speaker 2>his way toward the railroad. While they were talking, he testified,

784
00:52:17.559 --> 00:52:19.719
<v Speaker 2>Maine said he must go and went down to the

785
00:52:19.760 --> 00:52:23.920
<v Speaker 2>railroad track. Lloyd's son, Paul, aged twelve, was with him,

786
00:52:23.920 --> 00:52:25.639
<v Speaker 2>and they went to the depot to a way to

787
00:52:25.719 --> 00:52:29.719
<v Speaker 2>train at five twenty pm, on which Lloyd's daughter was expected.

788
00:52:30.599 --> 00:52:33.239
<v Speaker 2>The lights in the Swain's store were on about five

789
00:52:33.280 --> 00:52:36.719
<v Speaker 2>o'clock when the party returned from the depot between five

790
00:52:36.840 --> 00:52:40.079
<v Speaker 2>twenty and five thirty. His remembrance was that the lights

791
00:52:40.119 --> 00:52:45.320
<v Speaker 2>were off. The son, Paul Lloyd, had, however, meantime, left

792
00:52:45.320 --> 00:52:50.039
<v Speaker 2>for home several minutes before train time. Paul Lloyd testified

793
00:52:50.079 --> 00:52:52.880
<v Speaker 2>he left his father prior to arrival of the train.

794
00:52:53.639 --> 00:52:56.559
<v Speaker 2>At the confectionery store, he said he bought some candy.

795
00:52:57.159 --> 00:52:59.599
<v Speaker 2>He claimed that when he first passed Swain's store that

796
00:52:59.719 --> 00:53:02.519
<v Speaker 2>light were on, but that when he repassed on his

797
00:53:02.559 --> 00:53:06.840
<v Speaker 2>way home, the lights were off. Further examination revealed the

798
00:53:06.840 --> 00:53:08.880
<v Speaker 2>fact that the witness was in front of the swain

799
00:53:09.039 --> 00:53:13.920
<v Speaker 2>Store when the train arrived. In an effort to break

800
00:53:13.960 --> 00:53:17.480
<v Speaker 2>down Lloyd's testimony that he and Jones had seen Maine

801
00:53:17.519 --> 00:53:19.960
<v Speaker 2>on the main street of Napovine on the afternoon of

802
00:53:20.000 --> 00:53:23.960
<v Speaker 2>the murder, the defense put him through a rigid cross examination.

803
00:53:25.079 --> 00:53:29.239
<v Speaker 2>He stuck to his story emphatically. His son was also

804
00:53:29.320 --> 00:53:32.840
<v Speaker 2>giving a grilling examination, as he had testified that he

805
00:53:32.960 --> 00:53:36.039
<v Speaker 2>was with his father and Jones the afternoon of the crime.

806
00:53:37.519 --> 00:53:41.280
<v Speaker 2>Robert Hodge, who lives back of the Swain's store, told

807
00:53:41.320 --> 00:53:43.679
<v Speaker 2>of having seen Maine enter the store on the day

808
00:53:43.679 --> 00:53:47.159
<v Speaker 2>of the crime. Quote, I was working in my backyard

809
00:53:47.239 --> 00:53:49.960
<v Speaker 2>when I saw Maine standing on the corner near the store.

810
00:53:50.480 --> 00:53:52.599
<v Speaker 2>I saw him walk around the store and enter from

811
00:53:52.639 --> 00:53:55.760
<v Speaker 2>a back door. This door leading into the rear room

812
00:53:55.880 --> 00:54:00.559
<v Speaker 2>in which the murder occurred. On cross examination, and Hodge

813
00:54:00.559 --> 00:54:02.599
<v Speaker 2>said that he had seen two men near the store.

814
00:54:02.840 --> 00:54:05.920
<v Speaker 2>Examination on this statement was not extended for some reason

815
00:54:06.000 --> 00:54:09.079
<v Speaker 2>or other, and explaining why he had not told anybody

816
00:54:09.159 --> 00:54:12.599
<v Speaker 2>about seeing Maine enter the store, he testified that he

817
00:54:12.639 --> 00:54:15.159
<v Speaker 2>was afraid that if he did tell that Maine would

818
00:54:15.159 --> 00:54:18.199
<v Speaker 2>come over and murder him. Quote, A man came on

819
00:54:18.280 --> 00:54:21.199
<v Speaker 2>my porch the Wednesday night after the crime and liked

820
00:54:21.239 --> 00:54:23.679
<v Speaker 2>to scare me to death. I did not open the

821
00:54:23.679 --> 00:54:29.119
<v Speaker 2>door because I was afraid unquote. The defense contended that Hodge,

822
00:54:29.159 --> 00:54:31.960
<v Speaker 2>and relating the story of what he saw, made no

823
00:54:32.119 --> 00:54:35.639
<v Speaker 2>mention of Maine until a few days ago. Before that time,

824
00:54:35.679 --> 00:54:38.360
<v Speaker 2>he merely stated when questioned that he just saw some

825
00:54:38.639 --> 00:54:41.679
<v Speaker 2>man enter the back door on the afternoon of the crime.

826
00:54:42.360 --> 00:54:45.400
<v Speaker 2>He admitted having told attorneys for Maine about ten days

827
00:54:45.400 --> 00:54:48.000
<v Speaker 2>ago that he knew nothing of the crime or anything

828
00:54:48.079 --> 00:54:52.960
<v Speaker 2>pertaining to it. On cross examination, he became badly confused

829
00:54:53.039 --> 00:54:56.320
<v Speaker 2>and said he saw two men. He denied it was

830
00:54:56.360 --> 00:54:58.960
<v Speaker 2>three weeks before he told anyone that the man he

831
00:54:59.039 --> 00:55:04.760
<v Speaker 2>saw was Maine. Philip Wagner and Jennings Linhardt testified that

832
00:55:04.800 --> 00:55:07.800
<v Speaker 2>at about five fifteen they saw Maine coming from the

833
00:55:07.840 --> 00:55:11.639
<v Speaker 2>direction of the Swain store. He spoke to them, they said.

834
00:55:12.760 --> 00:55:15.880
<v Speaker 2>The testimony of A. L. Kaufman was admitted after a

835
00:55:15.880 --> 00:55:19.840
<v Speaker 2>bitter legal fight. Abe Kaufman told of having warned Maine

836
00:55:19.840 --> 00:55:24.199
<v Speaker 2>and Missus Swain to discontinue their attentions toward each other. Quote,

837
00:55:24.280 --> 00:55:26.760
<v Speaker 2>I heard of a quarrel the Swain's hat, and I

838
00:55:26.840 --> 00:55:29.440
<v Speaker 2>called Maine to my office one day and told him

839
00:55:29.480 --> 00:55:31.280
<v Speaker 2>he was the cause of the trouble and that he'd

840
00:55:31.280 --> 00:55:34.440
<v Speaker 2>better cut out his attentions to Missus Swain or there

841
00:55:34.480 --> 00:55:36.519
<v Speaker 2>would be a shooting scrape and he would be in

842
00:55:36.599 --> 00:55:39.800
<v Speaker 2>on it. He promised me he would cut it out.

843
00:55:39.920 --> 00:55:43.599
<v Speaker 2>He said he and Swain were good friends. Swain never

844
00:55:43.639 --> 00:55:46.239
<v Speaker 2>told me himself that Maine had anything to do with

845
00:55:46.280 --> 00:55:49.159
<v Speaker 2>his domestic troubles. It was only my idea of what

846
00:55:49.320 --> 00:55:52.760
<v Speaker 2>was wrong. I also cautioned Missus Swain, who was the

847
00:55:52.800 --> 00:55:55.480
<v Speaker 2>sister of my wife, and she said she was straight

848
00:55:55.599 --> 00:55:57.480
<v Speaker 2>and that whilst he thought a lot of Maine, there

849
00:55:57.519 --> 00:56:02.360
<v Speaker 2>was nothing wrong in their relations. From Attorney Langhorne, did

850
00:56:02.360 --> 00:56:06.760
<v Speaker 2>you not accuse Missus Swain of criminal intimacy with Mayne? Answer?

851
00:56:07.159 --> 00:56:10.800
<v Speaker 2>I did not. Kaufman admitted that Swain had been drinking

852
00:56:10.840 --> 00:56:13.599
<v Speaker 2>on one occasion when he and his wife had a quarrel.

853
00:56:14.440 --> 00:56:19.119
<v Speaker 2>Langhorne asked, you and Swain often drank, didn't you. Kaufman

854
00:56:19.199 --> 00:56:21.960
<v Speaker 2>admitted we had something to drink once in a while.

855
00:56:22.519 --> 00:56:27.079
<v Speaker 2>Question have you been drinking today? Answer? I have not.

856
00:56:28.239 --> 00:56:30.920
<v Speaker 2>He testified that mister Maine had come to his house

857
00:56:30.960 --> 00:56:36.840
<v Speaker 2>several times for Missus Swain. Felt Shundon, sixteen years old,

858
00:56:37.360 --> 00:56:40.119
<v Speaker 2>told of a quarrel and threatened murder in the Swain

859
00:56:40.239 --> 00:56:43.760
<v Speaker 2>family which she overheard last November while she was employed

860
00:56:43.760 --> 00:56:48.199
<v Speaker 2>in the Swayin home. Quote. Mister Swain started a row

861
00:56:48.320 --> 00:56:51.320
<v Speaker 2>because Missus Swain had come from sche Halis with mister

862
00:56:51.440 --> 00:56:55.280
<v Speaker 2>Maine and had left Swain alone in sha Halas. Words

863
00:56:55.320 --> 00:56:58.360
<v Speaker 2>became hot and Missus Swain threatened to leave and go

864
00:56:58.480 --> 00:57:01.360
<v Speaker 2>to the main house and stay that night. He told

865
00:57:01.400 --> 00:57:03.800
<v Speaker 2>her that if she did, she would never get back alive.

866
00:57:04.519 --> 00:57:10.000
<v Speaker 2>Fred Swain was very mad that night. Unquote. On cross examination,

867
00:57:10.639 --> 00:57:13.039
<v Speaker 2>she said she did not hear Missus Swain tell her

868
00:57:13.119 --> 00:57:16.000
<v Speaker 2>husband that she had waited a long time for her

869
00:57:16.079 --> 00:57:19.320
<v Speaker 2>husband and daughter in Schehalis and that they failed to

870
00:57:19.360 --> 00:57:23.519
<v Speaker 2>appear before returning home with Maine. She said that was

871
00:57:23.599 --> 00:57:26.159
<v Speaker 2>the only time she ever heard them quarrel, and that

872
00:57:26.239 --> 00:57:29.440
<v Speaker 2>on numerous occasions after that, the Manes and the Swains

873
00:57:29.480 --> 00:57:33.480
<v Speaker 2>were together at parties and dinners and other social functions.

874
00:57:34.239 --> 00:57:38.079
<v Speaker 2>The testimony of Charles Braund and J. W. Huckaba Tacoma

875
00:57:38.199 --> 00:57:41.800
<v Speaker 2>detectives related to Maine's nervousness when they interviewed him a

876
00:57:41.800 --> 00:57:46.119
<v Speaker 2>few days after the murder. Detective Braun testified that a

877
00:57:46.119 --> 00:57:49.840
<v Speaker 2>few days after the murder he had a talk with Maine.

878
00:57:49.880 --> 00:57:53.079
<v Speaker 2>Maine told him he would aid him in getting some evidence. Quote.

879
00:57:53.559 --> 00:57:55.760
<v Speaker 2>The next day I went to the office to see him,

880
00:57:55.800 --> 00:57:58.840
<v Speaker 2>and he appeared nervous. In writing out a receipt for

881
00:57:58.920 --> 00:58:01.679
<v Speaker 2>a man, he made two mistakes and had to tear

882
00:58:01.760 --> 00:58:06.199
<v Speaker 2>up this receipt and write another. Charles Braun was used

883
00:58:06.199 --> 00:58:08.360
<v Speaker 2>as a witness to tell of the disappearance from the

884
00:58:08.400 --> 00:58:11.960
<v Speaker 2>main woodshed of a shingle hatchet, which C. P. Lloyd

885
00:58:12.000 --> 00:58:14.920
<v Speaker 2>testified was in the shed when he worked for Maine

886
00:58:14.960 --> 00:58:17.599
<v Speaker 2>a year ago. I made a search of the main

887
00:58:17.679 --> 00:58:21.119
<v Speaker 2>premises a few days after the murder, said Braun, and

888
00:58:21.159 --> 00:58:24.679
<v Speaker 2>saw nothing of the hatchet. Sheriff Berry testified that the

889
00:58:24.719 --> 00:58:28.039
<v Speaker 2>wounds which caused Swain's death apparently had been inflicted with

890
00:58:28.079 --> 00:58:31.880
<v Speaker 2>a hatchet. Detective Braun told of having made a wide

891
00:58:31.920 --> 00:58:37.400
<v Speaker 2>search for the weapon without success. R V. Klaunch told

892
00:58:37.440 --> 00:58:41.079
<v Speaker 2>of having seen Swain in Maine and Swain's store four

893
00:58:41.199 --> 00:58:45.719
<v Speaker 2>days before the tragedy. Quote they talked in a manner

894
00:58:45.760 --> 00:58:49.360
<v Speaker 2>that looked as though Swain was agitated or disturbed. I

895
00:58:49.400 --> 00:58:55.360
<v Speaker 2>would not say they were quarreling. Unquote. RB Patterson, a

896
00:58:55.440 --> 00:58:59.559
<v Speaker 2>druggist at Napavine, told of Martin coming into his store

897
00:59:00.280 --> 00:59:03.760
<v Speaker 2>while detectives were working on the murder case and asking

898
00:59:03.840 --> 00:59:07.280
<v Speaker 2>him what the sleuths were after. He said this question

899
00:59:07.480 --> 00:59:09.960
<v Speaker 2>was asked during a conversation on the subject of Red

900
00:59:10.000 --> 00:59:16.079
<v Speaker 2>crosswork in which both he and Maine were working. It

901
00:59:16.199 --> 00:59:18.679
<v Speaker 2>is expected the case will not be finished before the

902
00:59:18.760 --> 00:59:21.639
<v Speaker 2>end of the week, as the state has thirty four

903
00:59:21.679 --> 00:59:29.480
<v Speaker 2>and the defense has about fifty witnesses to examine. March seventh,

904
00:59:29.960 --> 00:59:35.719
<v Speaker 2>nineteen eighteen, the Main Swain murder trial is drawing to

905
00:59:35.800 --> 00:59:40.320
<v Speaker 2>a close, but interest continues unabated, and another large crowd

906
00:59:40.360 --> 00:59:43.480
<v Speaker 2>filled the court room at the opening. With the state's

907
00:59:43.599 --> 00:59:46.920
<v Speaker 2>chance to uncover alleged skeletons and the Main and Swain

908
00:59:47.039 --> 00:59:51.559
<v Speaker 2>families gone, the defense of Oscar Maine, charged with the

909
00:59:51.639 --> 00:59:55.400
<v Speaker 2>murder of Fred H. Swain opened its case. An effort

910
00:59:55.440 --> 00:59:57.840
<v Speaker 2>was made by the state to get Sheriff Barry to

911
00:59:57.880 --> 01:00:00.480
<v Speaker 2>tell of the time when Missus Swain complained to him

912
01:00:00.519 --> 01:00:03.800
<v Speaker 2>about her husband and ask some advice about a divorce,

913
01:00:04.320 --> 01:00:08.920
<v Speaker 2>but Superior Judge Reynolds ruled against the presentation of this testimony.

914
01:00:10.199 --> 01:00:13.440
<v Speaker 2>By the court's refusal to admit testimony of Sheriff John

915
01:00:13.519 --> 01:00:17.400
<v Speaker 2>Barry concerning alleged trouble between Missus Swain and her husband,

916
01:00:18.079 --> 01:00:21.360
<v Speaker 2>the opportunity to open a long line of family history

917
01:00:21.480 --> 01:00:25.400
<v Speaker 2>was frustrated. The prosecution rested its case at the opening

918
01:00:25.440 --> 01:00:28.239
<v Speaker 2>of court at nine point thirty, to the evident surprise

919
01:00:28.400 --> 01:00:32.960
<v Speaker 2>of the jury and spectators, without offering any additional testimony.

920
01:00:34.119 --> 01:00:36.960
<v Speaker 2>The fact that the state has rested its case when

921
01:00:36.960 --> 01:00:41.880
<v Speaker 2>a long, bitter battle was expected has caused considerable surprise.

922
01:00:42.920 --> 01:00:46.039
<v Speaker 2>Friends of Maine declare that this move indicates that the

923
01:00:46.079 --> 01:00:50.400
<v Speaker 2>prosecution's case has collapsed and that the circumstantial evidence so

924
01:00:50.519 --> 01:00:55.559
<v Speaker 2>far submitted could not be substantiated. The state summoned thirty

925
01:00:55.559 --> 01:01:00.000
<v Speaker 2>four witnesses, but only twelve were examined. A complete alibis

926
01:01:00.079 --> 01:01:03.480
<v Speaker 2>bye for Oscar R. Maine was established by the defense

927
01:01:03.880 --> 01:01:08.599
<v Speaker 2>when it called its first witness this morning. The prosecution

928
01:01:08.760 --> 01:01:12.119
<v Speaker 2>had shown the murder occurred some time between five and

929
01:01:12.239 --> 01:01:17.960
<v Speaker 2>five twenty o'clock that Sunday afternoon. W. P. Jones, for

930
01:01:18.039 --> 01:01:21.719
<v Speaker 2>the defense today, swore he was in Maine's office from

931
01:01:21.880 --> 01:01:26.480
<v Speaker 2>five to five o five pm. Missus W. W Emery,

932
01:01:26.920 --> 01:01:30.719
<v Speaker 2>one of the leading citizens of Napavine, testified she had

933
01:01:30.760 --> 01:01:33.679
<v Speaker 2>seen Maine in his office from five twenty to five

934
01:01:33.760 --> 01:01:37.079
<v Speaker 2>twenty five. In addition to telling about going to Maine's

935
01:01:37.119 --> 01:01:40.000
<v Speaker 2>office at five twenty on the afternoon of the murder,

936
01:01:40.079 --> 01:01:43.119
<v Speaker 2>Missus W. W Emery said she had entered the Maine

937
01:01:43.159 --> 01:01:45.840
<v Speaker 2>and the Swain Holmes on several occasions and had been

938
01:01:46.000 --> 01:01:49.920
<v Speaker 2>entertained by them. She said the relations between the families

939
01:01:49.960 --> 01:01:53.679
<v Speaker 2>were of the most friendly and intimate nature. She also

940
01:01:53.800 --> 01:01:56.280
<v Speaker 2>testified that when she saw Maine on the day of

941
01:01:56.320 --> 01:01:59.960
<v Speaker 2>the murder, he gave no sign of nervousness or excitement,

942
01:02:00.239 --> 01:02:05.039
<v Speaker 2>enacted just as he always did. Quote as to Missus Swain,

943
01:02:05.480 --> 01:02:11.360
<v Speaker 2>her reputation and character are absolutely above reproach. Ut Walter

944
01:02:11.480 --> 01:02:15.239
<v Speaker 2>Mason and Milton Ashton swore they had seen Maine in

945
01:02:15.280 --> 01:02:18.320
<v Speaker 2>the pool hall at Napavine from five oh five to

946
01:02:18.400 --> 01:02:22.880
<v Speaker 2>five twenty, thus accounting for Maine's actions during every minute

947
01:02:22.880 --> 01:02:25.320
<v Speaker 2>of the time the crime is alleged to have been committed.

948
01:02:26.679 --> 01:02:29.920
<v Speaker 2>The defense further backed up the case with the testimony

949
01:02:29.960 --> 01:02:33.400
<v Speaker 2>of John Colson, who declared he had had access to

950
01:02:33.480 --> 01:02:37.920
<v Speaker 2>mains woodshed continuously for the last two years with free

951
01:02:38.079 --> 01:02:41.360
<v Speaker 2>use of Main's tools, and they had never seen there

952
01:02:41.480 --> 01:02:46.119
<v Speaker 2>and acts of the kind described in yesterday's testimony. The

953
01:02:46.199 --> 01:02:50.320
<v Speaker 2>first defense witnesses were called to testify about Maine's character

954
01:02:50.440 --> 01:02:55.360
<v Speaker 2>and reputation. They included Alfred H. London, Prosecuting Attorney of

955
01:02:55.440 --> 01:03:01.519
<v Speaker 2>King County, Superior Judge Frader of Seattle, and HM Seattle

956
01:03:01.599 --> 01:03:06.519
<v Speaker 2>Corporation Council. All declared they were personally acquainted with Maine

957
01:03:06.800 --> 01:03:12.199
<v Speaker 2>and that his reputation was good. Missus W. W Emery

958
01:03:12.440 --> 01:03:16.079
<v Speaker 2>Miller Ashton, owner of the pool hall adjoining Main's office,

959
01:03:16.440 --> 01:03:19.039
<v Speaker 2>and Walter Mason, who was in charge of the pool

960
01:03:19.119 --> 01:03:21.960
<v Speaker 2>hall a part of the afternoon of the murder, were

961
01:03:22.039 --> 01:03:25.000
<v Speaker 2>called by the defense in an effort to prove an alibi.

962
01:03:26.440 --> 01:03:29.840
<v Speaker 2>Mason testified that Maine came into the pool room while

963
01:03:29.880 --> 01:03:33.639
<v Speaker 2>he was in charge during Ashton's absence and remained from

964
01:03:33.719 --> 01:03:37.000
<v Speaker 2>ten to fifteen minutes, leaving it by the front door

965
01:03:37.119 --> 01:03:41.639
<v Speaker 2>as Ashton entered at the rear. Ashton testified that he

966
01:03:41.719 --> 01:03:43.840
<v Speaker 2>went into the back door of the pool room just

967
01:03:43.880 --> 01:03:47.239
<v Speaker 2>as the five twenty train from Tacoma came in and

968
01:03:47.280 --> 01:03:50.320
<v Speaker 2>had seen Missus W. W. Emery, who got off the

969
01:03:50.360 --> 01:03:54.920
<v Speaker 2>train at the crossing. Missus Emory corroborated this testimony and

970
01:03:55.000 --> 01:03:58.000
<v Speaker 2>said that as she passed Main's office, she saw a

971
01:03:58.079 --> 01:04:01.719
<v Speaker 2>light and went in to use the telewe She said

972
01:04:01.719 --> 01:04:04.719
<v Speaker 2>that Maine had been courteous as usual and appeared in

973
01:04:04.800 --> 01:04:09.920
<v Speaker 2>no way disturbed or excited. Four character witnesses were put

974
01:04:09.960 --> 01:04:14.159
<v Speaker 2>on the stand to testify to the good name of Maine. N. B.

975
01:04:14.360 --> 01:04:19.199
<v Speaker 2>Kaufman of Sehalis, pioneer banker and businessman, said he had

976
01:04:19.239 --> 01:04:22.400
<v Speaker 2>known Maine since he came to Lewis County four years ago,

977
01:04:22.960 --> 01:04:25.800
<v Speaker 2>and as chairman of the Red Cross and Liberty Loanwork,

978
01:04:26.119 --> 01:04:29.480
<v Speaker 2>had appointed Maine to manage the Napavine District because of

979
01:04:29.519 --> 01:04:34.119
<v Speaker 2>his ability. He said that Maine's reputation had always been good.

980
01:04:34.800 --> 01:04:37.400
<v Speaker 2>He also said that he had known Missus fred Swain

981
01:04:37.480 --> 01:04:40.840
<v Speaker 2>since girlhood and stated that she had always borne an

982
01:04:40.920 --> 01:04:44.880
<v Speaker 2>ideal reputation for chastity, and that she had a reputation

983
01:04:45.000 --> 01:04:50.719
<v Speaker 2>beyond reproach. Charles H. Lundeen, prosecuting attorney of King County,

984
01:04:51.039 --> 01:04:53.920
<v Speaker 2>who had known Maine six or seven years in Seattle,

985
01:04:54.519 --> 01:04:59.519
<v Speaker 2>testified that his reputation there was good. Judge A. W.

986
01:04:59.639 --> 01:05:03.719
<v Speaker 2>Frad for years superior judge in King County, swore that

987
01:05:03.840 --> 01:05:06.760
<v Speaker 2>during an acquaintance of twelve or thirteen years with Maine

988
01:05:06.760 --> 01:05:12.280
<v Speaker 2>in Seattle, the latter's reputation was good. Hugh H. Caldwell

989
01:05:12.320 --> 01:05:15.360
<v Speaker 2>of Seattle said he had known Maine for seven eight years,

990
01:05:15.440 --> 01:05:20.440
<v Speaker 2>rather intimately, and his reputation was good. The defense scored

991
01:05:20.480 --> 01:05:24.159
<v Speaker 2>its first victory when it riddled the testimony of Robert Hodge,

992
01:05:24.360 --> 01:05:27.239
<v Speaker 2>witnessed for the state, who had declared he had seen

993
01:05:27.320 --> 01:05:30.519
<v Speaker 2>Maine enter the Swain's store on the afternoon of the murder,

994
01:05:30.920 --> 01:05:34.960
<v Speaker 2>by the testimony of W. G. Peters, city engineer of Sehalas.

995
01:05:35.719 --> 01:05:39.599
<v Speaker 2>Peters presented a map which showed a diagram and distances

996
01:05:39.639 --> 01:05:43.360
<v Speaker 2>in the vicinity of Hodge's home in Swain's Store. The

997
01:05:43.440 --> 01:05:45.719
<v Speaker 2>map showed there was a distance of three hundred and

998
01:05:45.760 --> 01:05:49.000
<v Speaker 2>sixty five feet from the place Hodge had stood when

999
01:05:49.000 --> 01:05:51.239
<v Speaker 2>he says he saw Mane enter the back door of

1000
01:05:51.239 --> 01:05:55.159
<v Speaker 2>the murdered man's store. The map also showed there were

1001
01:05:55.199 --> 01:05:57.800
<v Speaker 2>obstructions in the line of vision from the place where

1002
01:05:57.840 --> 01:06:01.119
<v Speaker 2>Hodge stood and the place where he said he saw Maine.

1003
01:06:01.599 --> 01:06:04.960
<v Speaker 2>These were a sixteen foot cedar tree with bows reaching

1004
01:06:05.000 --> 01:06:07.679
<v Speaker 2>near the ground, a picket fence three and a half

1005
01:06:07.760 --> 01:06:12.639
<v Speaker 2>feet high, an old fence rail, and posts. Peters testified

1006
01:06:12.719 --> 01:06:15.519
<v Speaker 2>these made it impossible to see a person clearly at

1007
01:06:15.519 --> 01:06:20.639
<v Speaker 2>the rear of the Swain's store. Irresponsibility of the testimony

1008
01:06:20.679 --> 01:06:25.360
<v Speaker 2>of Robert Hodge, prosecution witness who said he saw Maine

1009
01:06:25.519 --> 01:06:28.880
<v Speaker 2>enter Swain's grocery store at Napavine on the afternoon of

1010
01:06:28.920 --> 01:06:33.199
<v Speaker 2>the murder was shown by defense witnesses. Several of these

1011
01:06:33.199 --> 01:06:36.639
<v Speaker 2>witnesses early today stood where Hodge said he had stood,

1012
01:06:37.320 --> 01:06:40.679
<v Speaker 2>and had men they knew well walk where Hodge said

1013
01:06:40.760 --> 01:06:46.280
<v Speaker 2>Maine had walked. Later, all testified that Hodge positively could

1014
01:06:46.280 --> 01:06:50.719
<v Speaker 2>not have identified Maine. This question was threshed out at

1015
01:06:50.760 --> 01:06:54.360
<v Speaker 2>great length, with wide differences of opinion on the part

1016
01:06:54.400 --> 01:06:57.679
<v Speaker 2>of witnesses on the question hinged one of the chief

1017
01:06:57.719 --> 01:07:01.960
<v Speaker 2>points in the case. Robert Hodge testified in the trial

1018
01:07:02.000 --> 01:07:04.840
<v Speaker 2>that he saw Maine enter the Swaying Store, where the

1019
01:07:04.880 --> 01:07:09.079
<v Speaker 2>murder was committed between four and five pm. The defense

1020
01:07:09.119 --> 01:07:12.000
<v Speaker 2>took the position that in cloudy weather such as existed

1021
01:07:12.039 --> 01:07:14.519
<v Speaker 2>on the day of the murder, Hodge could not have

1022
01:07:14.559 --> 01:07:17.400
<v Speaker 2>identified Maine at the distance he said was between them

1023
01:07:17.760 --> 01:07:21.760
<v Speaker 2>three hundred and sixty five feet. The defense sent several

1024
01:07:21.800 --> 01:07:24.599
<v Speaker 2>citizens out the night before last to make a test

1025
01:07:24.639 --> 01:07:27.480
<v Speaker 2>of the question. They were all put on the stand

1026
01:07:27.559 --> 01:07:30.519
<v Speaker 2>and testified that Hodge could not have done what he said.

1027
01:07:31.519 --> 01:07:34.760
<v Speaker 2>Again yesterday morning, the defense sent some other people out

1028
01:07:34.800 --> 01:07:38.159
<v Speaker 2>to try it again. All testified that Hodge could not

1029
01:07:38.239 --> 01:07:42.320
<v Speaker 2>have told Maine at that distance. The prosecution then sent

1030
01:07:42.360 --> 01:07:45.360
<v Speaker 2>out a team. They all testified that it would have

1031
01:07:45.400 --> 01:07:48.480
<v Speaker 2>been physically possible for Hodge had light conditions been as

1032
01:07:48.519 --> 01:07:52.960
<v Speaker 2>they were when this committee made its test. It was admitted, however,

1033
01:07:53.320 --> 01:07:55.880
<v Speaker 2>that if light conditions had been bad, it would not

1034
01:07:55.960 --> 01:07:59.960
<v Speaker 2>have been possible, and so the point now stands before

1035
01:08:00.119 --> 01:08:05.199
<v Speaker 2>the jury. The defense in the trial of Oscar Maine

1036
01:08:05.199 --> 01:08:09.239
<v Speaker 2>placed twenty eight witnesses on the stand today. Among them

1037
01:08:09.280 --> 01:08:13.880
<v Speaker 2>were Sadie Swain, widow of the murdered man, and Virginia Mayne,

1038
01:08:14.199 --> 01:08:18.039
<v Speaker 2>wife of the defendant, both of whom denied that there

1039
01:08:18.039 --> 01:08:20.960
<v Speaker 2>were any foundation for the statements made on the stand

1040
01:08:21.000 --> 01:08:25.039
<v Speaker 2>by A. L. Kaufman yesterday that the Swains had quarreled

1041
01:08:25.079 --> 01:08:30.520
<v Speaker 2>because of Maine's friendship for Missus Swain. Judge Reynolds refused

1042
01:08:30.560 --> 01:08:32.640
<v Speaker 2>to allow the jury to make a second trip to

1043
01:08:32.720 --> 01:08:36.159
<v Speaker 2>Napavine to inspect the Hodge place in the view of

1044
01:08:36.199 --> 01:08:40.880
<v Speaker 2>the Swains store from his home. Missus Swain was called

1045
01:08:40.920 --> 01:08:44.319
<v Speaker 2>to impeach the testimony of Abe Kaufman, who was on

1046
01:08:44.359 --> 01:08:47.640
<v Speaker 2>the stand yesterday afternoon and who is her brother in law.

1047
01:08:48.399 --> 01:08:51.239
<v Speaker 2>She said that she had never contemplated getting a divorce,

1048
01:08:51.640 --> 01:08:54.199
<v Speaker 2>that she had no quarrel with her husband, that the

1049
01:08:54.199 --> 01:08:57.319
<v Speaker 2>circumstances of the trouble on which the state had expected

1050
01:08:57.319 --> 01:09:00.239
<v Speaker 2>to build its motive theory was not a quarrel but

1051
01:09:00.279 --> 01:09:04.680
<v Speaker 2>a misunderstanding due to her husband's having been drinking. Missus

1052
01:09:04.720 --> 01:09:07.840
<v Speaker 2>Maine and the two children and Missus Abe Kaufman were

1053
01:09:07.880 --> 01:09:10.119
<v Speaker 2>with her when mister Maine took them all back to

1054
01:09:10.199 --> 01:09:13.359
<v Speaker 2>Napavine on the evening of the so called quarrel, of

1055
01:09:13.439 --> 01:09:16.720
<v Speaker 2>which her maid and Abe Kaufman told yesterday.

1056
01:09:16.840 --> 01:09:19.680
<v Speaker 3>Enjoy ad free listening at this safehouse.

1057
01:09:20.279 --> 01:09:31.000
<v Speaker 2>Dubbadubadubba dot patreon dot com slash true crime historian March eighth,

1058
01:09:31.640 --> 01:09:37.279
<v Speaker 2>nineteen eighteen. The defense in the murder trial of Oscar

1059
01:09:37.439 --> 01:09:40.479
<v Speaker 2>Maine today knocked all the remaining props from under the

1060
01:09:40.520 --> 01:09:45.439
<v Speaker 2>framework of circumstantial evidence built up by the prosecution. Witnesses

1061
01:09:45.520 --> 01:09:49.680
<v Speaker 2>continued to make Main's alibi stronger, accounting for his actions

1062
01:09:49.680 --> 01:09:52.520
<v Speaker 2>between five and five thirty on the afternoon of the

1063
01:09:52.600 --> 01:09:56.520
<v Speaker 2>murder of Fred Swain, the time during which the prosecution

1064
01:09:56.760 --> 01:10:01.560
<v Speaker 2>has contended the crime was committed. Maine took the stand

1065
01:10:01.600 --> 01:10:04.479
<v Speaker 2>in his own behalf at eleven thirty this morning. The

1066
01:10:04.560 --> 01:10:08.600
<v Speaker 2>audience half rose, craned its collective neck and lapsed into

1067
01:10:08.640 --> 01:10:12.199
<v Speaker 2>breathlessness as his name was called. It was hoping for

1068
01:10:12.239 --> 01:10:15.640
<v Speaker 2>some of the thrills which expectantly it had each day

1069
01:10:15.760 --> 01:10:18.319
<v Speaker 2>packed the court room of the Lewis County court House

1070
01:10:18.640 --> 01:10:23.680
<v Speaker 2>since the trial began. To corroborate the testimony given yesterday

1071
01:10:23.760 --> 01:10:27.880
<v Speaker 2>proving an alibi for Maine, missus C. L. Stone, wife

1072
01:10:27.960 --> 01:10:32.239
<v Speaker 2>of a Napavine banker, was called. She testified she saw

1073
01:10:32.359 --> 01:10:35.199
<v Speaker 2>Maine at his home at five thirty in the afternoon.

1074
01:10:36.479 --> 01:10:40.119
<v Speaker 2>She also declared that Maine and Swain were the closest

1075
01:10:40.119 --> 01:10:45.560
<v Speaker 2>of friends. Mister and Missus H. J. Brandigan both testified

1076
01:10:45.600 --> 01:10:49.000
<v Speaker 2>they saw Maine at his office between five and five thirty.

1077
01:10:50.399 --> 01:10:53.600
<v Speaker 2>Maine had no stronger supporters in his fight for freedom

1078
01:10:54.119 --> 01:10:56.319
<v Speaker 2>than the young wife who had stood back of him

1079
01:10:56.359 --> 01:10:58.880
<v Speaker 2>from the first and the woman toward whom he had

1080
01:10:58.920 --> 01:11:02.560
<v Speaker 2>been accused of having undo intimacy and whose husband he

1081
01:11:02.640 --> 01:11:06.560
<v Speaker 2>is accused of slaying. The testimony of Missus Swain and

1082
01:11:06.640 --> 01:11:10.479
<v Speaker 2>Missus Maine was the keystone of the strong defense Maine's

1083
01:11:10.520 --> 01:11:14.079
<v Speaker 2>attorney of built up. Both were put on the stand

1084
01:11:14.159 --> 01:11:17.479
<v Speaker 2>to explain the alleged troubles between Swain and his wife,

1085
01:11:18.119 --> 01:11:20.960
<v Speaker 2>declared by the state to show motive for the killing

1086
01:11:21.000 --> 01:11:24.760
<v Speaker 2>of Swain. While admitting there had been a quarrel, Missus

1087
01:11:24.800 --> 01:11:28.199
<v Speaker 2>Swain flatly denied it had been caused by any wrongful

1088
01:11:28.239 --> 01:11:33.359
<v Speaker 2>relations with Maine on her part. Missus Swain, in explaining

1089
01:11:33.399 --> 01:11:36.479
<v Speaker 2>a quarrel she had with her husband November twenty fifth,

1090
01:11:36.760 --> 01:11:39.359
<v Speaker 2>declared by the state to have been caused by Missus

1091
01:11:39.399 --> 01:11:43.600
<v Speaker 2>Swain's intimacy with Maine, she said, quote that affair was

1092
01:11:43.640 --> 01:11:47.239
<v Speaker 2>not a quarrel, It was a dispute. Mister Swain had

1093
01:11:47.239 --> 01:11:50.119
<v Speaker 2>been to Schehalis and I and Missus Maine were to

1094
01:11:50.119 --> 01:11:52.680
<v Speaker 2>have met him in Maine's automobile and brought him home.

1095
01:11:53.600 --> 01:11:55.880
<v Speaker 2>We could not find him, and he came home on

1096
01:11:55.960 --> 01:12:00.319
<v Speaker 2>the train. He was angry because we had not met him.

1097
01:12:00.520 --> 01:12:03.039
<v Speaker 2>He had been drinking and refused to eat his supper.

1098
01:12:03.600 --> 01:12:05.880
<v Speaker 2>I was very nervous and told him I was going

1099
01:12:05.920 --> 01:12:09.119
<v Speaker 2>to stay all night with Missus Maine. He told me

1100
01:12:09.199 --> 01:12:11.720
<v Speaker 2>that if I left the house, I'd never get back alive.

1101
01:12:12.720 --> 01:12:15.840
<v Speaker 2>I wished to say that never once was a divorce

1102
01:12:16.000 --> 01:12:19.960
<v Speaker 2>mentioned then or before. I merely wanted to get away

1103
01:12:20.119 --> 01:12:23.279
<v Speaker 2>until he got away from the effects of liquor. As

1104
01:12:23.319 --> 01:12:26.079
<v Speaker 2>to mister Maine, I will say that I rode only

1105
01:12:26.119 --> 01:12:29.279
<v Speaker 2>three times alone with him in his automobile, and my

1106
01:12:29.399 --> 01:12:33.479
<v Speaker 2>husband knew about it each time. All three times were

1107
01:12:33.479 --> 01:12:36.640
<v Speaker 2>in the afternoon. Twice he drove me to the Red

1108
01:12:36.680 --> 01:12:40.279
<v Speaker 2>Cross headquarters in Sheehalis, and once he took me to

1109
01:12:40.319 --> 01:12:43.079
<v Speaker 2>a doctor in Schehalis at the request of my husband.

1110
01:12:43.600 --> 01:12:48.199
<v Speaker 2>This last time was the Friday before my husband was murdered. Unquote,

1111
01:12:49.720 --> 01:12:53.239
<v Speaker 2>Virginia Maine, when put on the stand, declared that mister

1112
01:12:53.319 --> 01:12:56.720
<v Speaker 2>Maine and mister Swain were the closest to friends. Swore

1113
01:12:56.840 --> 01:12:59.359
<v Speaker 2>she knew all about the three auto trips taken by

1114
01:12:59.399 --> 01:13:03.000
<v Speaker 2>her husband and Sadie Swain, and declared they were quote

1115
01:13:03.199 --> 01:13:06.880
<v Speaker 2>perfectly proper unquote. She said that on the day of

1116
01:13:06.880 --> 01:13:09.960
<v Speaker 2>the murder, Maine went to his office about four o'clock

1117
01:13:10.319 --> 01:13:14.279
<v Speaker 2>and returned home a little before five thirty o'clock. Quote.

1118
01:13:14.399 --> 01:13:16.319
<v Speaker 2>When he came in, he played a few minutes with

1119
01:13:16.399 --> 01:13:18.880
<v Speaker 2>our small son, and then went over and teased our

1120
01:13:19.000 --> 01:13:22.479
<v Speaker 2>daughter because she was sick in bed. Soon after that

1121
01:13:22.520 --> 01:13:25.720
<v Speaker 2>we had supper. Mister Maine did not act nervous at

1122
01:13:25.760 --> 01:13:31.039
<v Speaker 2>all and ate a hearty supper. Unquote. Roscoe Bell told

1123
01:13:31.079 --> 01:13:33.760
<v Speaker 2>of having seen mister Swain on the day the quarrel

1124
01:13:33.800 --> 01:13:37.439
<v Speaker 2>between mister and Missus Swain occurred. Quote. I saw him

1125
01:13:37.439 --> 01:13:41.520
<v Speaker 2>in Schehalis, and he had been drinking unquote. John Coulson

1126
01:13:41.640 --> 01:13:43.760
<v Speaker 2>told of having gone to the scene of the murder

1127
01:13:43.760 --> 01:13:47.119
<v Speaker 2>with Maine when it was first discovered. He said Maine

1128
01:13:47.159 --> 01:13:50.119
<v Speaker 2>did not act nervous at all. He denied having told

1129
01:13:50.159 --> 01:13:52.720
<v Speaker 2>Sheriff Barry that he noticed Maine to be pale and

1130
01:13:52.840 --> 01:13:56.880
<v Speaker 2>nervous at the Swain funeral. Quote I made no such

1131
01:13:56.920 --> 01:14:02.079
<v Speaker 2>statement to Sheriff Berry or to anyone else. Quote describing

1132
01:14:02.119 --> 01:14:05.399
<v Speaker 2>in detail his whereabouts and actions at the time of

1133
01:14:05.439 --> 01:14:09.119
<v Speaker 2>the murder. His story agreed with the testimony of the

1134
01:14:09.159 --> 01:14:14.359
<v Speaker 2>other witnesses called to prove an alibi. Maine emphatically denied

1135
01:14:14.439 --> 01:14:17.840
<v Speaker 2>he had quarreled with Swain, declaring they had always been

1136
01:14:18.000 --> 01:14:23.039
<v Speaker 2>the best of friends. Contradicting the prosecution's testimony that a

1137
01:14:23.119 --> 01:14:26.560
<v Speaker 2>hatchet of the kind apparently used in the crime had

1138
01:14:26.560 --> 01:14:30.079
<v Speaker 2>been seen in his woodshed, the defendant testified he had

1139
01:14:30.119 --> 01:14:32.760
<v Speaker 2>only had three hatchets in his life, and that all

1140
01:14:32.840 --> 01:14:36.479
<v Speaker 2>three were now at his home. None of them, he declared,

1141
01:14:36.920 --> 01:14:42.600
<v Speaker 2>answered the description given by the prosecution. Maine also denied

1142
01:14:42.680 --> 01:14:46.560
<v Speaker 2>emphatically that at the time Swain's body was found, he

1143
01:14:46.640 --> 01:14:52.239
<v Speaker 2>had declared that they didn't need the sheriff. Several times,

1144
01:14:52.359 --> 01:14:55.119
<v Speaker 2>Maine gave lye to witness who had testified for the

1145
01:14:55.159 --> 01:14:59.359
<v Speaker 2>state quote, I do not like to accuse doctor Pettitt

1146
01:14:59.359 --> 01:15:02.159
<v Speaker 2>of telling an un in truth, but I certainly did

1147
01:15:02.159 --> 01:15:04.880
<v Speaker 2>not ask him if he had treated Swain for heart disease.

1148
01:15:05.560 --> 01:15:07.760
<v Speaker 2>I did not tell him that I thought Swain had

1149
01:15:07.760 --> 01:15:11.000
<v Speaker 2>fallen from the balcony, and I did not interpose any

1150
01:15:11.079 --> 01:15:14.640
<v Speaker 2>objection when he suggested that we call the detectives I

1151
01:15:14.800 --> 01:15:17.199
<v Speaker 2>merely said that he was nearest the phone and to

1152
01:15:17.279 --> 01:15:21.359
<v Speaker 2>call them himself. Missus Maine testified that her husband had

1153
01:15:21.399 --> 01:15:24.640
<v Speaker 2>never owned a gray mackinaw such as Bob Hodge swore

1154
01:15:24.800 --> 01:15:27.479
<v Speaker 2>was worn by the man who he claimed he saw

1155
01:15:27.600 --> 01:15:30.840
<v Speaker 2>go into the Swain's store on the afternoon of the murder,

1156
01:15:31.279 --> 01:15:35.960
<v Speaker 2>and whom he claimed to be Maine. Cross examination failed

1157
01:15:35.960 --> 01:15:38.399
<v Speaker 2>to shake any of his statements or confuse him in

1158
01:15:38.439 --> 01:15:42.319
<v Speaker 2>any manner. He flatly contradicted the evidence of Abe Kaufman,

1159
01:15:42.399 --> 01:15:46.600
<v Speaker 2>Sheriff Berry, Doctor Pettitt, and Detective Braun, the strongest witnesses

1160
01:15:46.640 --> 01:15:50.720
<v Speaker 2>of the state. Asked about his alleged intimacy with the

1161
01:15:50.800 --> 01:15:54.159
<v Speaker 2>murdered man's wife, he recounted the automobile trips he had

1162
01:15:54.199 --> 01:15:57.720
<v Speaker 2>taken with her alone. All of these trips, two or

1163
01:15:57.800 --> 01:16:00.479
<v Speaker 2>three in number, had been taken, he said, for the

1164
01:16:00.520 --> 01:16:03.600
<v Speaker 2>purpose of delivering Red Cross goods made by women in

1165
01:16:03.720 --> 01:16:08.720
<v Speaker 2>Napavine to the Red Cross headquarters in Schehela's. He said

1166
01:16:08.760 --> 01:16:11.439
<v Speaker 2>he made one trip with Missus Swain to Scheela's three

1167
01:16:11.520 --> 01:16:15.079
<v Speaker 2>days before the tragedy, this trip having been made when

1168
01:16:15.159 --> 01:16:18.159
<v Speaker 2>mister Swain asked Mane to take his wife to the doctor.

1169
01:16:19.199 --> 01:16:22.720
<v Speaker 2>He said he complied with Swain's request and also brought

1170
01:16:22.760 --> 01:16:26.760
<v Speaker 2>Missus Swain back after she had seen the doctor. Regarding

1171
01:16:26.760 --> 01:16:30.000
<v Speaker 2>a quarrel between the Swains, which the prosecutor endeavored to

1172
01:16:30.000 --> 01:16:33.479
<v Speaker 2>show was because Missus Swain had gone alone with Maine

1173
01:16:33.479 --> 01:16:37.399
<v Speaker 2>in his automobile, Maine said, quote, we had an appointment

1174
01:16:37.479 --> 01:16:40.039
<v Speaker 2>to pick Swain up at Schehala's that day, but could

1175
01:16:40.079 --> 01:16:43.960
<v Speaker 2>not find him. We accordingly returned. My wife was along

1176
01:16:44.039 --> 01:16:47.119
<v Speaker 2>on that trip as well as Missus Swain. I learned

1177
01:16:47.119 --> 01:16:49.960
<v Speaker 2>the next day from my wife that Swain had arrived

1178
01:16:50.000 --> 01:16:52.960
<v Speaker 2>home that night under the influence of liquor and had

1179
01:16:53.000 --> 01:16:55.199
<v Speaker 2>caused some trouble because we had failed to pick him

1180
01:16:55.279 --> 01:16:59.199
<v Speaker 2>up at Scheele's. Unquote. In explaining his side of a

1181
01:16:59.239 --> 01:17:02.239
<v Speaker 2>meeting which aide Kaufman testified to having warned Maine to

1182
01:17:02.319 --> 01:17:05.600
<v Speaker 2>leave Missus Swain alone, Main said, quote, I was in

1183
01:17:05.680 --> 01:17:09.000
<v Speaker 2>Shahalis and was told by Ethel Kaufman that Swain's brother

1184
01:17:09.039 --> 01:17:12.199
<v Speaker 2>in law, Abe Kaufman, wanted to see me. I was

1185
01:17:12.239 --> 01:17:14.560
<v Speaker 2>in a hurry to catch a train to Tacoma, and

1186
01:17:14.640 --> 01:17:18.119
<v Speaker 2>so hurried over to Kaufman's office. I saw at once

1187
01:17:18.199 --> 01:17:21.239
<v Speaker 2>that he had been drinking. He offered me a drink,

1188
01:17:21.399 --> 01:17:23.840
<v Speaker 2>and I accepted. Then he asked me if I'd heard

1189
01:17:23.920 --> 01:17:26.920
<v Speaker 2>of the troubles between the Swains, and asked if I

1190
01:17:27.000 --> 01:17:30.039
<v Speaker 2>did not think it possible my attentions to missus Swain

1191
01:17:30.159 --> 01:17:32.479
<v Speaker 2>had something to do with it. I told him he

1192
01:17:32.560 --> 01:17:35.239
<v Speaker 2>was drunk and irresponsible, or he would never have made

1193
01:17:35.319 --> 01:17:37.640
<v Speaker 2>such a statement. I told him I was in a

1194
01:17:37.720 --> 01:17:39.880
<v Speaker 2>hurry to catch a train and would come around and

1195
01:17:39.880 --> 01:17:44.199
<v Speaker 2>see him later when he was sober. Ethel Kaufman also

1196
01:17:44.279 --> 01:17:47.439
<v Speaker 2>testified as to abe Kaufman having had liquor on that

1197
01:17:47.520 --> 01:17:53.039
<v Speaker 2>particular occasion. George Harrigan, court reporter, was put on the

1198
01:17:53.119 --> 01:17:56.399
<v Speaker 2>stand and he testified that he smelled liquor on Kaufman

1199
01:17:56.720 --> 01:17:58.880
<v Speaker 2>the day he appeared on the witness stand. In the

1200
01:17:58.920 --> 01:18:03.039
<v Speaker 2>present case, Kaufman had testified he had had nothing to

1201
01:18:03.159 --> 01:18:15.039
<v Speaker 2>drink on either occasion March ninth, nineteen eighteen. The guilt

1202
01:18:15.159 --> 01:18:19.079
<v Speaker 2>or innocence of Oscar r. Main will probably be determined

1203
01:18:19.119 --> 01:18:23.600
<v Speaker 2>by the jury before night. Final arguments in the case

1204
01:18:23.720 --> 01:18:27.359
<v Speaker 2>began at the opening of court this morning. The case

1205
01:18:27.479 --> 01:18:30.399
<v Speaker 2>is expected to go to the jury late this afternoon.

1206
01:18:31.720 --> 01:18:34.720
<v Speaker 2>That Maine had failed to account definitely for at least

1207
01:18:34.720 --> 01:18:38.479
<v Speaker 2>fifteen minutes of his time during the half hour period

1208
01:18:38.520 --> 01:18:42.199
<v Speaker 2>from five to five thirty on the afternoon of January sixth,

1209
01:18:42.600 --> 01:18:45.720
<v Speaker 2>when the murder is alleged to have been committed. Was

1210
01:18:45.760 --> 01:18:50.960
<v Speaker 2>the statement of Prosecutor Allen in his final argument, quote,

1211
01:18:51.079 --> 01:18:54.439
<v Speaker 2>the crime was committed by a superman who cleverly covered

1212
01:18:54.439 --> 01:19:00.279
<v Speaker 2>his tracks and not a weak minded person. Unquote. Said

1213
01:19:00.319 --> 01:19:02.840
<v Speaker 2>that both the state and the defense had woven a

1214
01:19:02.840 --> 01:19:07.279
<v Speaker 2>web of circumstances showing intimacy between Maine and Sadie Swain

1215
01:19:07.560 --> 01:19:12.680
<v Speaker 2>as a motive for the crime. Attorney Abel, opening the

1216
01:19:12.800 --> 01:19:17.279
<v Speaker 2>argument for the defense, declared that Maine, backed by other witnesses,

1217
01:19:17.640 --> 01:19:21.880
<v Speaker 2>had established a convincing alibi, accounting for every movement of

1218
01:19:21.920 --> 01:19:26.000
<v Speaker 2>Maine's time and annihilating every semblance of a motive for

1219
01:19:26.079 --> 01:19:31.079
<v Speaker 2>the murder. The defense rested its case late yesterday after

1220
01:19:31.159 --> 01:19:33.920
<v Speaker 2>Sheriff Barry had been put on the stand as the

1221
01:19:34.039 --> 01:19:38.079
<v Speaker 2>last witness. The sheriff testified that on the day of

1222
01:19:38.119 --> 01:19:41.960
<v Speaker 2>the Swain funeral, at which Oscar Mayne was a pallbearer,

1223
01:19:42.640 --> 01:19:45.560
<v Speaker 2>John Coulson, a friend of Maine, had come to him

1224
01:19:45.560 --> 01:19:49.079
<v Speaker 2>and said, did you see the expression on the face

1225
01:19:49.119 --> 01:19:51.880
<v Speaker 2>of a certain pallbearer. When you walked up to where

1226
01:19:51.880 --> 01:19:57.760
<v Speaker 2>he stood, he must know something. Colson previously had positively

1227
01:19:57.800 --> 01:20:07.119
<v Speaker 2>denied this statement. Oscar B. Maine was acquitted on the

1228
01:20:07.159 --> 01:20:10.640
<v Speaker 2>first ballot by the jury in the Lewis County District Court.

1229
01:20:11.840 --> 01:20:14.960
<v Speaker 2>The case was given into the jury's hands at four o'clock,

1230
01:20:15.600 --> 01:20:18.680
<v Speaker 2>was discussed until after dinner, when the ballot was taken.

1231
01:20:19.520 --> 01:20:23.399
<v Speaker 2>The verdict was brought in at eight o'clock. As the

1232
01:20:23.439 --> 01:20:27.880
<v Speaker 2>words not guilty echoed through the hushed courtroom, a ripple

1233
01:20:27.920 --> 01:20:32.640
<v Speaker 2>of relief from the long suspense passed over the throng. Then,

1234
01:20:32.840 --> 01:20:37.399
<v Speaker 2>with laughter and tears, Oscar Main's friends literally fell upon

1235
01:20:37.479 --> 01:20:42.800
<v Speaker 2>him to wring his hands and express their congratulations. Virginia

1236
01:20:42.920 --> 01:20:46.439
<v Speaker 2>Main's face, which had grown wider and more haggard as

1237
01:20:46.520 --> 01:20:50.560
<v Speaker 2>the long hours passed, was illumined with joy. When the

1238
01:20:50.680 --> 01:20:54.800
<v Speaker 2>verdict was red. She slipped her hands through her husband's

1239
01:20:54.920 --> 01:20:59.760
<v Speaker 2>arm and stood beside him, sharing in the congratulations. Missus

1240
01:20:59.800 --> 01:21:04.720
<v Speaker 2>Sis Swain was not in the courtroom. Justice John F.

1241
01:21:04.840 --> 01:21:07.960
<v Speaker 2>Maine of the State Supreme Court, who stood beside his

1242
01:21:08.079 --> 01:21:12.479
<v Speaker 2>brother throughout the trial, wept tears of joy and shook

1243
01:21:12.520 --> 01:21:17.159
<v Speaker 2>hands with each juror. After the verdict, said Oscar Maine

1244
01:21:17.239 --> 01:21:20.560
<v Speaker 2>after the verdict quote, and for those who, for reasons

1245
01:21:20.640 --> 01:21:24.079
<v Speaker 2>unknown to me, perjured themselves on the witness stand, and

1246
01:21:24.119 --> 01:21:28.880
<v Speaker 2>for those inexperienced, over zealous young officers who unjustly persecuted me,

1247
01:21:29.840 --> 01:21:35.720
<v Speaker 2>my heart harbors no anger or hatred unquote. With the

1248
01:21:35.760 --> 01:21:39.039
<v Speaker 2>acquittal of Maine, the mystery as to who committed the

1249
01:21:39.079 --> 01:21:43.840
<v Speaker 2>crime is unsolved. The case was sensational from the start

1250
01:21:44.119 --> 01:21:47.439
<v Speaker 2>because of the prominence of the accused and the cold

1251
01:21:47.520 --> 01:21:59.039
<v Speaker 2>bloodedness of the killing. March eleventh, nineteen eighteen, that influences

1252
01:21:59.119 --> 01:22:02.680
<v Speaker 2>were brought to bait and the prosecution of Oscar R.

1253
01:22:02.800 --> 01:22:07.720
<v Speaker 2>Main was the statement today of prosecuting attorney Allan quote.

1254
01:22:07.800 --> 01:22:11.000
<v Speaker 2>I argued for three hours against pressing the prosecution in

1255
01:22:11.039 --> 01:22:14.600
<v Speaker 2>the first place, believing the evidence was not convincing enough

1256
01:22:14.640 --> 01:22:18.239
<v Speaker 2>to warrant it. Then there came the statements that money

1257
01:22:18.359 --> 01:22:21.399
<v Speaker 2>was being used to get Maine free, and I didn't

1258
01:22:21.439 --> 01:22:23.960
<v Speaker 2>want to have anyone say that I'd been bought off.

1259
01:22:24.680 --> 01:22:27.840
<v Speaker 2>I'm not trying to make excuses for the trial. If

1260
01:22:27.840 --> 01:22:30.119
<v Speaker 2>I have made a mistake, I'm willing to stand by

1261
01:22:30.159 --> 01:22:34.039
<v Speaker 2>the gaff and take whatever criticism may be coming. Another

1262
01:22:34.079 --> 01:22:36.359
<v Speaker 2>reason why I saw the case through to the finish.

1263
01:22:36.479 --> 01:22:38.199
<v Speaker 2>Is that I wanted to show them that I knew

1264
01:22:38.199 --> 01:22:40.239
<v Speaker 2>the facts in the case and that I was right

1265
01:22:41.159 --> 01:22:46.119
<v Speaker 2>unquote what these influences were. Allan was not prepared to say.

1266
01:22:47.119 --> 01:22:50.319
<v Speaker 2>It is understood, however, that he was referring to Sheriff

1267
01:22:50.359 --> 01:22:55.039
<v Speaker 2>Berry and other county officials. On the first ballot, the

1268
01:22:55.159 --> 01:22:59.079
<v Speaker 2>jury stood seven to five for acquittal, it was reported

1269
01:22:59.159 --> 01:23:05.359
<v Speaker 2>today cleared by a jury of the charge of brutally

1270
01:23:05.439 --> 01:23:09.800
<v Speaker 2>murdering his friend Fred Swain. Oscar R. Main was going

1271
01:23:09.840 --> 01:23:13.319
<v Speaker 2>about as business as usual in his real estate office today,

1272
01:23:14.600 --> 01:23:17.840
<v Speaker 2>celebrating his acquittal by a jury in the Superior Court

1273
01:23:17.880 --> 01:23:21.560
<v Speaker 2>at Shahalas Saturday night. There was a big family dinner

1274
01:23:21.600 --> 01:23:26.520
<v Speaker 2>at the Main home here yesterday. The guests included Maine's brother,

1275
01:23:26.680 --> 01:23:31.159
<v Speaker 2>Supreme Court Justice John F. Main, and his wife. That

1276
01:23:31.279 --> 01:23:34.439
<v Speaker 2>the jury returned a verdict of acquittal on the first ballot,

1277
01:23:34.439 --> 01:23:38.399
<v Speaker 2>as considered by Maine and his friends as absolutely clearing

1278
01:23:38.479 --> 01:24:02.000
<v Speaker 2>him from suspicion that was the Main Swain affair. The

1279
01:24:02.119 --> 01:24:06.479
<v Speaker 2>Napavine hatchet murder, called from the historic pages of the

1280
01:24:06.520 --> 01:24:11.199
<v Speaker 2>Tacoma Times, the Oregon Daily Journal, and other newspapers of

1281
01:24:11.279 --> 01:24:16.199
<v Speaker 2>the era. True Crime Historian is a creation of popular media.

1282
01:24:17.000 --> 01:24:21.600
<v Speaker 2>Opening theme by Nico Vitessi, incidental music by Dave SAMs,

1283
01:24:21.920 --> 01:24:25.199
<v Speaker 2>closing theme by Dave Sam's and Rachel Shott, engineered by

1284
01:24:25.279 --> 01:24:29.239
<v Speaker 2>David Hish at Third Street Music. Media management by Sean

1285
01:24:29.319 --> 01:24:33.359
<v Speaker 2>Miller Jones And as for me, I've at last been

1286
01:24:33.479 --> 01:24:38.159
<v Speaker 2>vindicated and his reputation was good. I'm True Crime Historian

1287
01:24:38.319 --> 01:24:41.239
<v Speaker 2>Richard O. Jones, signing off for now.