The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1942-10-27

since the murder of the two Puy-
sllup police officers but had 50
far found no gun or shells that
exactly matched the bullets taken
from storem's body by Coroner
Long.
Commdr. May also was asked by
defense about fingerprints on the
abandoned blue Buick car used by
the Orting bank bandit in his geta-
way after the holdup Of July 10,
1885.
May said he was not called
into the case until several
days after the murders, that
many persons no doubt had
handled the car, and that the
one fingerprint he did find on
q pane of glass might have
been there for months"
May said the bullets he had ex-
amined and marked for his files
had been turned over to him by
Stuart Elliott, then Harry John
ston's chief criminal deputy.
The bullets" said May, were
81 caliber and of a kind that were
on general sale to the public"
II was during the cross-ex-
animation of Johnston, ut
about 11:S0, that Defense
Counsel Maurice kadish asked
the court to grant . mis-trial
based on the allegation that
the prosecutions use Of letters
or documents not admitted In
evidence was pre- judicial to
the defendant; that the de-
PENDANT was not receiving .
fair trial
The jury was excused from the
room while counsel argued the
technicalities of the Rasmussen
and Fred Carnahan statements.
At first Judge Gard had in-
dicated the CarnahAn state
ment would be admitted and
might later 70 To the jury TO
impeach Johnston's testimony
regarding no Identification Of
Jacobs.
The court even instructed the
clerk of the court to use scissors
TO snip out q marginal notation
referring to Mcneil Island where
the lineup was held Tin 1885,.
However. 1t was the courts final
ruling that the papers could not be
admitted.
Tollefson was allowed how
ever 10 show the letters TO
Johnston and permitted him
70 say, after seeing them.
whether he recalled taking the
statements himself.
That's my signature. all right"
Johnston had replied. but l have
no recollection Of the contents. !
may only have administered the
oath to the man giving the state
ment, l do not recall"
Asked by Tollefson II he had
ever received a written statement
bearing on the case from Glen
Barton. then Puyallup police chief.
Johnston replied. That was a long
time ago: ! have no recollection
OF it,"
Would you say asked Toilet
son. that the statement was not
in your files7"
Il couldn't say whether it was
or was not"
When the examination got
90 the questions about the
Mcneil Island line-up and
Johnston's lack Of recollection
on that, Toilefson asked:
rs it possible that you would
not be interested in the personal
Identification OF the defendant,
since you were then prosecuting
attorney"
Il was interested. Of course. $
johnston replied. but / have no
recollection Of the circumstances.
rs il possible you were in error
when you stated that there was nc
Identification OF Jacobs when yot
were present."
Might be-" the former prose
cutor admitted.
He fell back on his general
recollection that he "consid-
cred the Information insuffi-
eient 10 justify prosecution"
Only other defense witness OF
, the morning session was Fred
FRANKIE. Of Kent. former King
county deputy sheriff. who had
gone with u. X. Bodis to Ortins
State bank to confront Leslie
Stone. the banker. with Roy IA.