Prosecution Will Complete Case Against Estaver Today
CHECK IS MADE ON MOVEMENTS OF DETROITER
Was Ordered From Auto Park Here Before Killing
Because William S. Estaver, Detroit dentist, "went from tourist to tourist trying to get a ride to the west," William Knelange, custodian of the Tucson auto park, ordered him out of the park a day or so before the killing of Mrs. Anna C. Johnson, of Denver, Mr. Knelange testified in the superior court yesterday at the trial of Estaver, who is charged with murder in the first degree in connection with the woman's death.
After yesterday's session, court attaches said that no case tried in the superior court in years had attracted such crowds as have been in daily attendance during the Estaver trial. Yesterday, Judge Samuel L. Pattee [unreadable word] ordered Bailiff John Gardner to guard the courtroom door from the crowds that sought entrance after the seats had all been taken and after the aisles were partly occupied by standing spectators.
County Attorney Darnell announced last night that the state would probably complete the presentation of its case by this afternoon. He is being assisted in the prosecution by Deputy County Attorney Ben B. Mathews, while the defendant is represented by John L. Van Buskirk and K. Berry Peterson.
Pat Holland, deputy sheriff of Yuma county, testified that he was with the party of County Attorney H. H. Baker that visited the scene of the killing on November 18; that he noticed the tracks of a small car which had backed off the road a distance of 100 yards, and that he also noticed human tracks, some of which were made with a large shoe and some with a small one. In his opinion, the witness said, the tracks were not older than three days.
County Attorney H. H. Baker, of Yuma county, testified that shortly after Estaver had been placed in the county jail at Yuma, the defendant was taken to the morgue where Mrs. Johnson's body lay.
The prosecutor gave an account of a statement that Estaver is said to have made in the county attorney's office in the presence of Miss Caroline Frauenfelder, the stenographer, and Deputy County Attorney Thomas Molloy. Estaver was warned at the time that anything that he might say would be used against him, the county attorney knowing at the time that Estaver had employed two lawyers, W. F. Timmons and Attorney Kelly, of Yuma, the witness said.
Mr. Baker testified that Estaver related that two men had fired at the car, one from each side of the machine, the one on the left side jumping on the running board and firing two shots. Estaver said that he had fired two shots at the man, that the latter fell off, reappearing in front at the left of the machine and firing two shots while in that position, according to the witness.
The man on the right side, according to Estaver, also fired twice, County Attorney Baker said, adding that the defendant said he was dragged from the car by the man who had fallen off. Later, the Yuma prosecutor continued, Estaver said that he himself had fallen off the car.
Mrs. William H. Johnson, for 13 years the proprietor of the St. Francis hotel, of Phoenix, said on the stand that the defendant, whom she identified, was a guest at the hotel on November 11, arriving at about 5 p.m. in the company of Elmer Becker, Mr. and Mrs. Powhatan, and the couple's daughter. A sheet from the hotel register was identified by Mrs. Johnson who also identified the name "August Pick" as having been written by the defendant in her presence.
Mrs. Johnson said that the party came in dusty and dirty from travel, and that they left two days later, Sunday, November 13. Later, she said she received a telephone message from Tucson, asking her to forward some travelers' checks made out to William Estaver to the Willard Hotel, Tucson. This call, she said, was received on the afternoon of the day that the party left her hotel.
The witness said that she cleaned up Estaver's room personally, and on examining the linen found a black folder containing for travelers' checks, made out to William Estaver.
She said that she received a second telephone call on the following morning, asking her to send the travelers' checks to general delivery at Tucson.
On cross-examination, Mrs. Johnson said that if the defendant, who was to stand up so that the witness might have a better look at him, have been wearing puttees while in the court and the same suit that he had on at the time he was a guest at her hotel, she "could positively swear that he was the same man," but that, as it was, it looked to her "to be the same fellow."
William Knelange, of Fremont avenue, custodian of the Tucson auto park, testified that on November 13 or 14 he had to order Estaver out of the park "because Estaver was going from tourist to tourist trying to get a ride to the coast." Estaver told him that he had come to Tucson by train, but that he wanted to go on by auto, that he showed a picture of himself and of a woman he said was his wife in a car somewhere in the desert, that he said he had come in to get repair materials for the machine, and that his wife was waiting for him.
On cross-examination, Mr. Knelange said that Estaver at that time had on puttees and a light coat, and that he believed he was wearing the hat that defendant had with him in court yesterday. Estaver was wearing a short mustache at the time. The defendant is clean shaven now.
When pressed by counsel as to whether he was positive that Estaver was the man he saw at the park, Mr. Knelange declared that he was "certain" the defendant was the man.
H. A. Plumley, a photographer at Yuma for four years, identified pictures of bullets and enlargements of photographs of bullets that had been introduced in evidence, as having been taken, developed and printed by him. He testified that the bullets photographed by him were those which Dr. C. E. Rooney of Yuma had constantly under his supervision and in his possession, and that Senator A. J. Eddy of Yuma was present at the taking of the photographs. Mr. Plumley declared that the negatives were developed without any alterations, etchings, pencilings or marking of any sort. The witness said he had not brought the negatives with him, but that he would mail them to the clerk of the court.
Hotel Man on Stand
Carey S. Cox, proprietor of the Willard hotel, Tucson, testified that Estaver occupied room 28 on the night of November 14, under the name of J. C. Beck. He said that Peter Johnson inquired of the witness regarding Beck, and that when Estaver came in, he, the witness, took Estaver to the door of Johnson's room, that Johnson opened the door and invited "Beck" to step in.
On cross-examination, Cox was asked whether Mr. Johnson was anxious to get in touch with Estaver that evening, and the witness said that he was. Asked whether Johnson was glad to see him, the witness replied that Mr. Johnson seemed "friendly."
Mr. Cox stated that the next morning, Mr. and Mrs. Johnson and Estaver left in the Johnson car, the man and wife occupying the front seat and the defendant the rear seat, where a roll of bedding had been placed on the right side.
C. E. Middleby of Denver testified that on November 14 he was passing through Tucson en route to the coast, and that at about 5 o'clock in the afternoon, Estaver came up to him while he was sitting in his car in front of the post office, and asked him whether he was on the way to the coast. The witness said he answered that he was, but that he was not going for two or three weeks. Estaver said that he had come in to get some repair materials from El Paso, his car having broken down 28 or 30 miles west of Ajo, his wife waiting for him at Sentinel, according to the witness, who added that Estaver told him he was from Detroit. The defendant was wearing a Norfolk jacket at the time, had on a hat like the one he had with him in the court room, and that he wore a short mustache, Mr. Middleby testified.
Elmer W. Toney, in charge of Brown's hotel at Sentinel between October 1 and November 15, testified that on October 22, Estaver and a woman registered at the hotel as man and wife, and that they had a roadster which had broken down and which they left at Sentinel for repair. Mr. Toney said that on November 14 and 15, there was no woman there registered as Mrs. Estaver, and that the woman who had been with Estaver on October 22 was not there.
On cross-examination, Mr. Toney said that at Estaver's request, a cardboard box was sent in the car when the machine was shipped to Los Angeles after being repaired.
O. F. Hicks, county agent, employed by the Pima county board of supervisors, and under the direction of the county attorney's office, testified that the capacity of a Mauser .32 was nine shots, eight in the magazine and one in the barrel. He exhibited a Mauser gun, No. 293,504, and testified that last Wednesday he gave a cartridge that had been shot by him to County Attorney Darnell. He produced two other cartridges in court.
Deputy County Attorney Ben B. Mathews testified that he gave Agent Hicks three of the cartridges that had been delivered to him by Sheriff J. M. Polhamus of Yuma county, as cartridges taken from Estaver when arrested.
County Attorney George R. Darnell testified that he had received the cartridge from Agent Hicks and that he gave it to Mr. Mathews. The prosecutor also said that he examined Senator Eddy as to this cartridge, which was the last one shown the senator during his direct examination a few days ago.