Daily capital journal. (Salem, Oregon) 1903-1919, 1916-04-18
Motion For Directed
Verdict OVerruIed
Continued From Page one.)

W. Al Jones, the former secretary Of
the state fair board, was the first wit
ness called for the state. Mr. Jones es
tablished a few formal facts and went
into the description of the tickets used
and the methods Of handling them al
length. Finally his testimony lead up
to Saturday, October ., 1915, upon
which date Simpkins was arrested and
this led up to the alleged confession
that Turner was said to have made to
James Ross and to Mr.. Jones' At this
time Attorney John A. Carson, for the
defense~moved that the jury be taken
from the courtroom and not allowed to
hear the testimony relatively to the con
fession as he intended to make a motion
TO have the testimony excluded from
the trial.
The court ruled that the jury should
be taken from the court room and then
Jones continued his testimony relative.
to the night of the arrest of Simpkins
and the bringing of Turner to the po-
lice station.
Jones Tells of Arrest.
Mr.. Jones related at length how he
took two fair grounds officers, Ross
and Keller in his machine and then
picked up Officer Percy NJ. Varney
of the Salem police force and went to
the residence of Frank A. Turner. the
father of Rex Turner. Mr.. Ross rang
the door bell and was admitted to Rex
Turner's room. Rex Turner then ae.
companied the officers to the police
station where after short controversy
Ross stated on the stand that he told
Turner the best thing was to "tell the
truth " and related how they had Sc
cured a written confession from Simp-
kins.
Mr.. Jones then said:
~ went into the little office in the
east wing of the city hall where 1 saw
Turner and l said well Rex, what did
you do it for and Rex answered Il
guess / needed the money!
"He then told me that he would give
me a check for the total amount of the
shortage if 1 would only name the
sum.
~ told him could not do this as it
was not up to me to settle it as it was
the state s money. Turner said could
either accept the money to make up the
shortage or send him over the road and
that it was up to me to decide, and he
again offered to write me out check
if l would state what the amount
was.
Mr.. Ross was next called to the stand
and told of his connection with the af-
fair and the defense on cross examina-
tion asked particularly about whether
or not the impression was left with
Turner that he was under arrest. Ross
said he did not think Turner knew he
was connected with the Playground po.
lice but that he told Turner to ''come
along that they wanted him. 4"
Mr.. Keller was then called to the
stand and told practically tho same
story as had been told by Mr.. Hoss.
Turner Takes Stand.
Rex Turner, the defendant then took
the stand in his own behalf and said
that Ross cursed him and walked up
and down in the office. He said Ross
told him that he had brought disgrace
upon his family and that he had better
tell the truth as Simpkins had confess
ed. He said he was almost convinced
that they intended to take him to the
penitentiary without delay On cross
examination District Attorney Ringo
asked Turner if, as an attorney, he did
not know that man always had a trial
before he was sent to the pen and Tur-
ner replied that he was so badly fright
ened that he did not think of his rights.
Following this testimony it was ruled
by Judge Kelly that the confession al
legged to have been made by Turner
could not be introduced as evidence and
that all evidence relative to the alleged
confession should bv excluded. The
jury was then recalled to the courtroom
and Jones continued his testimony rela-
tive to the book keeping of the fair,
The following is the complete jury:
G. W. Lucas, Salem; Charles HIM,
Englewood; George Higgins, Croisan;
John Boyce, Salem; Jonas M. Mills,
Aurora; Frank AIapes, Salem; George
Keech, Stayton; S. L. Mercer, Donald;
John Mathaler, Fairfield; c. P. Me
bert, Salem; William Zimmerman, JEFF
ferson.
Miss Helen Ogsbury, Mr.. Joe Bell, Pru-