Bellefonte, Pa., October 3, 1924.
COMPLETE RESUME OF EVI-
DENCE IN THE MUSSER MUR-
DER TRIAL.
re
Letters Written by Prisoner are Blow
to Defense. Musser Goes on Stand
in Own Behalf and Blames Killing
on Heaton.
Morbid curiosity kept the court
house jammed to its capacity during
Friday and Saturday with those anx-
jous to hear every word of the testi-
mony in the case of Harry Musser,
of Brush valley, on trial for the mur-
der of his uncle, William Musser, ear-
ly on the morning of July 20th. Be-
cause of this unusual interest the
“Watchman” has covered the testi-
mony at greater length than usual,
and all the salient points and features
will be found in the following story:
When the “Watchman” went to
press last Thursday afternoon only
five jurors had been accepted for serv-
ice in the trial, and it took all of the
afternoon to complete the selection.
Sixty-seven men were called all told,
thirty-six of whom were regularly
summoned jurors and thirty-one tales-
men. The complete list is as follows:
Dave Washburn, Bellefonte.
Edward W. Kane, Bellefonte.
J. F. Bible, Haines township.
W. G. Furst, Patton township.
Geo. Culver, Snow Shoe (accepted.)
Glover C. Weaver, Potter township.
John S. Lambert, Bellefonte.
Clyde Vonada, Haines township.
Geo. E. Longe, Walker Twp., (accepted.)
Fred Moore, Philipsburg.
John W. Eby, Walker township.
James Reed, Bellefonte.
William George, Philipsburg, (accepted.)
Harry Woodring, Worth township.
R. G. Fye, Burnside township.
Robert Brennan, State College, (accepted.)
Ralph A. Lingle, Penn township.
¥rank Beals, Rush township.
I. F. Heaton, Snow Shoe.
H. H. Roan, State College.
Victor Brungart, Miles township.
David Gilliland, College township.
Frank M. Fisher, Centre Hall.
James W. Evans, Gregg Twp. (accepted.)
John Banks, Snow Shoe.
Lloyd F. Bressler, Miles township.
John W. Rachau, Gregg township.
William Crater, Gregg township.
W. T. Harrison, State College.
John Hollick, Philipsburg.
James I. DeHaas, Liberty township.
H. E. Johnson, Rush township, (accepted.)
Henry Cole, Worth township.
Hasten F. Long, Haines Twp., (accepted.)
Geo. W. Harter, Millheim.
TALESMEN.
J. R. Frazier, Potters Mills, (accepted.)
P. G. Dale, State College.
C. C. Smull, Miles township.
Geo. W. Bean, Philipsburg, (accepted.)
John Reifsnyder, Linden Hall
J. F. Meyers, Centre Hall.
Chas. Zimmerman, Penn township.
Blain Hall, Snow Shoe.
Herbert Stover, Miles township.
L. G. Snyder, Spring Mills.
HEdward Hall, Patton township.
Shem Hockenberry, Miles township.
Howard T. Struble, Zion, (accepted.)
L. C. Stitzer, Penn township.
I. E. Kern, Penn township.
C. H. Vonado, Penn township, (accepted.)
Ernest Hoy, State College.
3. H. Auman, Penn township.
J. C. Barnes, Spring township.
. H. Hall, Milesburg. s
. C. Mingle, Howard township.
rank Breon, Haines township.
. I. Oswald, Milesburg. a
W. H. Rishel, Gregg township.
enry Kline, Bellefonte. ;
H. Hartsock, Patton township.
C. Showers, Bellefonte.
Joseph Wade, Snow Shoe.
W. H. Steele, Spring township.
J. A. Wright, Harris township, (accepted.)
Following the acceptance of Mr,
Wright counsel for defense asked that
juror No. 4, Robert Brennan, of State
College be excused for cause as he is
a relative of Sheriff Taylor, and after
consultation of counsel with the court
mE
mg
haba
he was excused and F. W. Frazier, of,
Potter township, the first man called
was accepted in his stead. The jury
as finally made up was as follows:
George Culver, laborer, Snow Shoe.
Jeorge E. Longe, farmer, Walker township
William George, miner, Philipsburg.
¥. W. Frazier, farmer, Potter township.
James W. Evans, farmer, Gregg township.
H. E. Johnson, laborer, Rush township.
Hasten F. Long, farmer Haines township.
J. R. Frazier, farmer, Potter township.
G. W. Bean, inspector, Philipsburg.
Howard T. Struble, retired farmer, Zion.
C. H. Vonada, lumberman, Penn township.
J. A. Wright, thresherman, Harris Twp.
It will be noticed that there are
two Fraziers on the jury, both from
Potter township, who are uncle and
nephew. The jury being selected they
were sworn and instructed not to
speak to any outside person during.
the trial. George W. Rees and George
Weaver were sworn in as constables
to take charge of them, and during
the progress of the case they were
quartered at the Brockerhoff house.
After the work of drawing the jury
had been completed court adjourned
until seven o’clock Thursday evening,
and it was just one minute after that
hour when the judge took his chair
and told counsel to proceed.
John Love Esq. opened the case for
the Commonwealth by telling of the
finding of the body of William Mus-
ser in Little Sugar valley. He told
how Harry Musser, William Musser
and Herbert Heaton were at Pleasant
Gap at 12:30. Came from there to
Bellefonte, purchased sandwiches at
Blackford’s restaurant. Were later
seen at Huston and the three of them
going into Little Sugar valley while
only Harry Musser and Herbert Hea-
ton came out on the other side of the
mountain in Brush valley.
E. R. Taylor was the first witness
called. Sheriff of Centre county.
Told how in response to a telephone
message he went to Peck’s store with
J. M. Keichline and taking two other
men went to Little Sugar valley and
found William Musser’s body lying on
the ground, with a pint of liquor lying
close to his head. He described how
the body was lying on the ground,
with his head toward the road. He
was dead, as the result of two bullet
holes in the head. Inquest was held
by ’Squire Keichline.
amination.
D. O. Dorman called and sworn.
Live at Huston. In the afternoon of
July 20th took a walk into Little Su-
gar valley. Going ‘into the Showers’
hunting ‘camp found William Musser’s
body lying in the road, head towards
the south. It was about three o’clock.
Did not know at the time who it was.
Did not touch the body but went right
home and had Mr. Peck call the sher-
iff. Mr. Dorman gave a concise de-
scription of the country in that sec-
tion. Body was 160 steps from the
main road. Waited at Peck’s store
No cross ex-
1
““¥No. '5.
i
1
1
1
until the sheriff came then went with
him to where the body lay. Saw one
bullet hole in the head, back of right
ear. There was a pool of blood on
the ground. :
examination, How far be-
yond the body was the hunting camp ?
A. 45 steps. The camp was used
every winter. Road into hunting
camp not used by general public.
H. B. Shattuck. Witness told of
visiting scene of crime on ‘September
15th and making a blue print map of
the locality, which indicated where
the body was found and the position
in which it was lying. Map offered
in evidence as Exhibits No. 1, 2 and
3. Witness then described the map
in detail as to distances, location of
body, ete. stating that a person on the
main road could not see the spot
where the body was found.
Earl Peck. Told about meeting Mr.
Dorman, later communicating with
sheriff Taylor and still later going with
him into Little Sugar valley where he
saw a dead body lying on the ground,
which he identified as that of William
Musser. No cross-examination.
John M. Keichline called. Attor-
neys for defense objected to his testi-
fying as to the holding of an inquest,
as he is not the coroner. Counsel for
the Commonwealth submitted an act
authorizing justices of the peace hold-
ing inquests. Counsel for defense
further objected for the reason that
the report of inquest is not signed by
any of the jury. Court overruled all
objections, but noted counsel’s excep-
tions. Mr. Keichline then told of hold-
ing the inquest on the body of Wil-
liam Musser. Found the body covered
with his overcoat, and hat pulled over
his face. Also found a bullet hole in
his head and a pool of blood under it.
Death was evidently the result of a
gunshot wound. Counsel for the de-
fense again objected to Mr. Keichline
testifying as coroner, and objections
sustained, although witness was per- |
mitted to testify as an individual, but
merely told of seeing the body and its
position and condition.
Dr. David Dale told of going to
Howard on July 21, and holding an
autopsy on body of William Musser.
Found two gunshot wounds. One
back of right ear and the other on the
left side of the neck near the shoul-
der. Told of finding bullet in the head
and produced same. Offered in evi-
dence as exhibit No. 4. Found at base
of brain. Steel
Wounds undoubtedly caused Mr. Mus-
ser’s death. Nothing special on cross
examination. ~The doctor further
stated that he found superficial dis-
colorations above left eye and on right
eyelids.
Gilbert Neff. Undertaker at How-
ard. Told of taking charge of body
of William Musser and preparing it
for burial. Body had two gunshot
wounds and two bruises on face. Took
the body to Harry Musser’s home
but could find no one. Then took it to
Jacob Musser’s but they would not re-
ceive it, so took it back to Howard and
finally buried it in the Schenck ceme-
tery. Witness identifies package con-
taining clothing he took irom William
‘Musser’s body. Offered as exhibit
Package opened and witness
identifies clothing, which were also
shown in evidence. Witness indicates
bullet hole ir. overcoat, and tells of
| similar holes in other clothing. No
cross-examination.
E. R. Taylor recalled. As the re-
sult of finding the body went to the
Harry Musser home and saw three
persons in kitchen, Mrs. Harry Mus-
ser, Howard Heaton and Seymore
Stover. Asked for Harry Musser and
was told he was not at home. Re-
turned to Bellefonte, secured a war-
rant and returned to the Musser home.
Harry Musser came to the door. This
was about midnight. Mr. Musser had
on only his underwear and told me to
wait till he got his clothing on.
stead of coming out he went out the
back door and escaped. Made two
more trips back and on the afternoon
of July 21st found Harry at home. He
came out and came with me to Belle-
fonte. Made no further trouble what-
ever.
Cross-examination. It was in pur-
suance of information I received that
I went over and placed Harry Musser
under arrest, bringing him to Belle-
fonte. :
Earl Lego. Live at Pleasant Gap.
Got home from Bellefonte shortly
after 12 o'clock at night. Ran my car
in Noll’s coal shed. Saw Harry Mus-
ser and William Musser in the coa
shed. They had a lantern and Harry
said their car was not working right.
I helped fix it. Herbert Heaton came
in about that time and the three men
got in the car and started toward
Bellefonte.
Cross-examination. The men went
down the Horntown road.
Musser Irvin. Live at Pleasant
Gap. Was in Noll’s pool room at
12:15 o’clock a. m. July 20. Saw Her-
bert Heaton there. He left about
12:25. No cross-examination.
John Halderman. Know Harry
Musser. He came to my house be-
tween 12 and 1 o'clock on July 20.
William Musser was with him. Harry
asked for a drink of booze. Showed
me an automatic pistol. Counsel pro-
duces gun which witness identifies as
looking like the gun shown him by Mr.
Musser. Gun offered in evidence as
Exhibit No. 6. They were at my
house about half an hour. Left there
about one o'clock and went back to-
ward the Gap.
Cross-examination. Didn't you say
the men were boozing some? They
had been drinking. Counsel asked if
he hadn’t sold them whiskey, and he
denied having sold them any. Was
in bed when the Mussers came there
but got up. Didn’t see Heaton in au-
tomobile. Counsel for defense at-
tempted to make Halderman admit
furnishing the men with booze but he
denied having done so.
Donald Snyder. Employed by Cad-
illac company, Bellefonte. Was at
arage early on morning of July 20.
Ro arry Musser and two other
men on Bishop street in car. Didn't
know the others. Got five gallons of
gasoline and Spark plug. “The old
man went to Blackford’s restaurant
to get some sandwiches. After car
was fixed they started east on Bish-
op street. No particular cross-exam-
ination. :
William Winton, Bellefonte. Was
in Blackford’s restaurant after . one
o'clock on morning of July 20. Wil-
jacketed bullet. |
In- |
liam Musser came in and got some
sandwiches. Had them put in a pa-
per bag. Was there only about ten
minutes. Did not see where he went
when he left.
ination.
i Adjourned at 9:27 o'clock
9:30 o'clock Friday morning.
FRIDAY MORNING'S SESSION.
When court convened at 9:30
o'clock on Friday morning the court
house was jammed so full that stand-
ing room was at a premium.
John Halderman recalled by de-
fense. Live about two miles north-
east of Pleasant Gap. :
i J. Merrill Kessinger. Live at Nit-
tany. Was at Penns Cave tea room at
four o’clock morning of July 20. Leav-
ing there went to Madisonburg and
across the mountain home.
| way, 500 yards from Laurel run
, bridge passed a car going towards
! Madisonburg. Two people were sit-
ting on the front seat. That was
| about 4:30 o’clock a. m. It was light
| enough that I did not need lights. I
knew one of the men in the car. He
was Herbert Heaton, who was driv-
ing the car. Had there been three
men in the car I could have seen them
easily. Laurel run bridge is some six
or seven yards south of road going
into Showers’ hunting camp. Impos-
sible to see camp from the main road.
Passed but the one car on the road
and didn’t see any other person.
Cross-examination. It was about
4:30 when I passed the car. It was
quite light. Turned off lights at Mad-
isonburg. Have not known Heaton
long. Saw him only once before, over
a year ago. Car I met was traveling
slow. I was going about 15 miles an
hour. Car looked like an old Ford.
Re-direct. Noticed one door of the
car was open—the right front door.
Don’t remember if it was moonlight
ior not. Saw Heaton once afterwards
| and am positive he was the man driv-
i ing the car.
until
! Charles Leahey. Live below Penn’s
Cave, on Brush valley road. Going to
the barn between 5 and 6 o’clock saw
a Ford car coming down the mountain
with two men in it. Was too far
away to recognize the men but knew
the car to be Harry Musser’s.
I. C. Corman. Live in Bellefonte.
| Am a salesman. Left here two o’clock
{in the morning of July 21 as deputy
under Sheriff Taylor, going to Mus-
! ser’s home. There found a paper
bag in Harry Musser’s car. Identi-
| fies bag. Offered as Exhibit No. 7.
| Helped to watch Musser’s house and
barn. Car was in the shed. It was a
| Ford touring car, quite old. No cross-
examination.
| Sheriff Taylor recalled.
| paper
‘man. Counsel for defnse objected to
Identifies
! the offering of the bag as the one con- |
| taining the sandwiches bought at
{ Blackford’s restaurant. Objections
overruled as it is only a question of
fact for the jury.
| Robert Williams. Live in Brush
valley, near Harry Musser. Lease a
farm from him. Musser came to my
house Monday morning, July 21. Was
only partially dressed. He said “Old
Bill got killed on Saturday night, and
they are after me.” He also:said that
he positively did not kill him. He
said the last he had seen him was in
Bellefonte. He asked me to get him
some clothes. I gave him a pair of
my overalls. His wife then brought
him his clothing. I came to Bellefonte
to see what was best to do. It was
partially through my efforts that Mus-
ser surrendered. When he came to
my place that morning he was some-
what excited. Don’t know whether he
| was scared or chilly, as he had no
clothing on. Mr. Musser asked me to
| come to Bellefonte and see Mr. Gettig
! about getting bail for his appearance
at court. I then went to see the sher-
iff and returned home.
Cross-examination. Mr. Gettig told
me to tell Mr. Musser to surrender
| himself. The sheriff was called into
Musser was.
John Whiteman. Live at Centre
Hall. Was at home on July 20 and
21. On the latter day, with L. L.
| Smith went to the spot where Wil-
liam Musser was killed. Found there
an empty shell. I marked it.
was shown witness and he identified
it as one found. Offered in evidence
without any objections by defense.
L. L. Smith called, who corroberat-
ed story told by Mr. Whiteman. On
the morning of July 24 went with
1 | sheriff Taylor to the Harry Musser
home. There we met Seymore Sto-
ver. He was carrying a neck-yoke
which he dropped. We went with him
to the barn and into the horse entry
where he dug up a gun, which he gave
to the sheriff. Gun shown him and
identified. Mr. Stover had to be com-
pelled to get the gun. No cross-ex-
amination.
Mrs. Robert Williams. Live in
Brush valley. Frequently visited the
Musser home. On one occasion saw a
gun hanging in the room. Gun shown
witness who said it was similar to the
one she saw in the Musser home. No
cross-examination.
Domer Ishler. A federal employee
in the postal service. Live in Centre
Hall, a rural mail carrier. Route is
down Brush valley, Harry Musser be-
ing one of my patrons. November 12,
1923, delivered a c. o. d. package to
him which he opened. It contained a
gun. Witness shown gun and iden-
tifies it as similar to the one he de-
livered to Mr. Musser. Gun was
bought of the Price Cutlery Co., New
matic. No cross-examination.
E. R. Taylor was recalled. Stated
that Harry Musser gave him a note
to Mrs. Musser. When he went there
she was very nervous and told him to
give it to Seymore Stover. Note was
produced and identified, and offered
as Exhibit’ No. 10. Note read by sher-
iff in which Musser wrote his wife to
come to see him, and to turn the gun
over to the sheriff if she knew where
it was. A second note te Seymore
Stover told him to “give the automat-
ic to the sheriff which he and Heaton
had buried back of the house.” Got
the second note because Mrs. Musser
said she didn’t know anything about
the gun. When I went back on the
24th Stover: at first refused to get the
gun. I finally put the handcuffs on
him and threatened to take him to
Bellefonte, when he went to the horse
stable and dug up the gun. It contain-
ed one unexploded shell. Revolver of-
No special cross-exam- |
On the!
bag was one given him by Cor-
Mr. Gettig’s office and told where’
Shell
York city. Gun was 32 calibre, auto-'
rr
fered in evidence as Exhibit No. 11. Spring township. Not quite 18 years
| Later I told Harry
Musser about the old. Last work I did was for my
gun and he positively said it was his. grandmother, Mrs. Green Heaton. Be-
. No cross-examination.
R. Mattern. Live at Julian.
| Writing xepert, engineer,
ness shown revolver, loaded shell and
i bullet taken from William Musser’s
| body and identified them as those he
| examined on September 19th. He also
read several pages of typewritten
matter giving his reasons for stating
.it as his opinion that the loaded shell,
, the exploded shell and the bullet all
belonged to the particular gun secur-
“ed from Seymore Stover at the Harry
| Musser home. Cross-examination.
Your final conclusion is that the bullet
that killed William Musser was fired
from that pistol? Yes.
FRIDAY AFTERNOON’S SESSION.
| Court convened at 1:30 o’clock on
Friday afternoon.
i Dr. John Sebring called. His testi-
mony was merely in the line of cor-
ete. Wit- | White was there while
‘Canada in his own car.
fore that worked for Harry Musser.
Went there in June 1923. Lloyd
I was there.
Knew William Musser. Saw him on
different occasions at the Harry Mus-
ser home. When Bill Musser was ar-
rested for bootlegging I took him to
Harry was
not with us. When I returned Harry
said to me that “Bill was in Canada
now, and he hoped he wouldn’t get
caught.” Last fall I took Bill to Lew-
istown to sell some potatoes but noth-
ing unusual happened. The night be-
fore I took William Musser to Cana-
da we were all at William Musser’s.
i After we went home Harry told me
' he would give me a gallon of whiskey,
roboration of Dr. Dale, whom he as-*
sisted in performing the autopsy on
the body of William Musser. No
cross-examination.
DAMAGING LETTER OFFERED
EVIDENCE.
E. R. Taylor recalled. Witness
shown Commonwealth’s Exhibit No.
12. Letter from Harry Musser to his
wife. Apprehended the letter, which
was dated July 24.
Robert Hendershot called.
IN
Was in
jail 24th. Harry Musser gave me a
letter to take to his wife. Is shown
letter and identifies same. The sher-
iff took it from me. Letter offered in
evidence as Exhibit No. 13, and read
to jury. It was as follows:
Bellefonte, Pa., July 24, 1924
My dear Mother and Boys:
For God's sake do not say any more to
Dick about me. Herb let everything out
he knew and also said I done it, which
you know I did not, thinking he can clear
himself. Now the only thing we can do is
to get Grenobles to stick on our side and
some other people and say I did not do it.
You know 1 did uot do it. Tell Williams
not to say anything as it just makes it
worse on my side. Now do not worry and
try to get everybody on our side. You
know Herb has not too good a name. Any-
thing Bob and you told Dick I was going
to shoot myself, now that makes it so much
worse for me. I get to hear it again as
Dick treats me so much worse. Do not
tell anybody I wrote to you as he is try-
‘ing to get everything out of you people he
can. I suppose he tells you some things,
that he has me not locked up all the time,
but he has. Now God's sake no not say
anything, no, no, no, nobody. I am writ-
ing to you as they will examine all the
mail that comes into jail for me as we have
to get proof that Herb done it. Do not
write to me and do not tell nobody. Get-
tig is going to get another atty. and plead
me out of it and do not tell nobody that 1
wrote this to you. They do not let Herb
and I talk to me as this is an awful wor-
ry on me. Now the only salvation I got is
, to mail my letters out of the jail in some-
body else’s name as we have to but it off
on Herb. If you want to clear me for
God’s sake do not say anything to nobody,
if it cost all I got and get * * * homie.
Just so I do not get killed through it. If
| you get to talk to aunt Beckie for God's
sake try to tell them Herb did it.
know he done it. If you talk to attys. al-
ways say he done it and also he did, and
get Grenobles to prove it if we have to give
them some money to do it, and Dick is
trying to fish out of me everything he can,
and never say I done it and get busy and
see what you can do for me to always put
it on Herb as he left things spill. Let
Clarence cut the wheat and make sale in
Fall and we will move out of Brush valley.
Keep this to yourself and don’t say no-
body. The least we say about it the better
it is. Always say Herb done it, as you
know he did. Never say I was along. Nev-
er say I was along to nobody as it makes
it worse. For God's sake we have got to
stick together and put Herb up. Now nev-
er say nobody I wrote you this and don’t
write anything in my name as the rest will
not give it to me. It will make it so much
worse for me. Only find the man guilty.
You must excuse writing as I have a poor
place to write. Burn this letter or they
will put me in a hotter place, and make
Grenoble do it as he told you people as I i
and told me if Stover asked where we
must get something on him. Never say
anything that, even not to the boys or
they might say something. The least you
say the better you are off. I just wrote
, you this to post you what to do. You can
write as soon as you get this. letter and
for God’s sake never say I wrote to you as
they would never let us talk to you. Do
not tell nobody this. Write me all the
news you know in Hendershot’s name and
he will give it to me and keep it a secret.
I have a hard case but I think we can pull
, cellar to get a drink of cider.
|
1
|
|
i
|
|
. told Mrs.
through, if people and my relations stick i
together and also your relations.
body knows that Herb is a B. §
will get it if you all stick to me.
let Dick scare you and do not
much to him.
not say anything else as you and Bo
wanted me to give up. Now do your best
* % * * 3nd me. You know I did not do it.
I will write you a letter later if I can
smuggle.
R. A. Hendershot No. 10 Ridge Street.
Yoy write to him for me. For God's
sake keep quiet I wrote 0 you to nobody.
Yours, ete.,
HARRY MUSSER.
. and he
Do not
latter to Seymore Stover. He took
them from Hendershot. They were
offered as Exhibits 14 and 15.
Robert Hendershot recalled and
identified the letters as those taken
from him by the sheriff. The letter
and note as read follows:
Com. Ex. No. 14 (Note Musser wanted
Hendershot to give to Stover).
You take supper into Stover this evening
and tell stover that he is to say that Herb
killed him to get it and that Herb said
that in order to get Stover and I into it,
and that Herb threatened to shoot me if I
ever said anything about Bill. That is
what I told my atty Gettig and also you
send Gettig to come to talk to me. I have
told him say that he did not say anything
as Dick will not let nobody else in. Keep
quiet that I wrote this and also Stover.
Herb is trying to put some B. 8. in Dick’s
head about us. You tell Dick Taylor that
you want Gettig to come to see you, and
you have to send for him before long.
Burn this paper for me and you tell Rob-
ert yours. Tell Stover this as I am not
able to tell him it and not to get scared
and I will see that he will get through all
right. Burn, burn, burn.
Com. Ex. No. 15 (Note to Grenoble from
Musser).
Bellefonte, Pa., July 24, 1924.
Mr. B. F. Grenoble,
Centre Hall, R. F. D. No. 2, Centre County.
Dear Sir:
‘Will you please do me a favor and I will
nevr forget as I am not supposed to write
to nobody. Herb went and told a lot of
stuff and told I done it which I never done
it and you know how Herb is a blowey
fellow and Elda also knows I did not do it,
and get things in shape for my suit. Do
not say I wrote to you to nobody, no-
body, as I have to ® * ¢ * * this around.
Nobody see me and do not vrite to me and
go over and get things in :l pe for me
until after court and you do not need to
do this for nothing. I will pay vou when
¥ get out. You get proof and He! said it
to me. For God’s sake don’t write to me,
write to Robert Hendershot. ‘ He brings
my meals in; You address it to hii.
Paul wrote, and I will never forget you
people. 4
Yours respectfully
Burn, burn this letter when you are done
with it. Do not tell nobody I wrote to you.
I have Gettig and Spangler for attorneys.
Herb did it and he is doing this so he can
come out of it.
3:04 during which time Herbert Hea-
ton was brought into ‘court.
HERBERT HEATON’S STORY.
Herbert Heaton sworn. Live in
Veo |
al
At 2:30 court took a recess until |
that Bill had $540 in his pocket and
that he would give me his .38 and I
could get rid of Bill. When I return-
er he would deed his property to me.
I told him I couldn’t do it. On July
13th of this year Harry told me if I
took Bill out and done away with him
he would buy me a new Ford coupe
and give me $500. I told him I could
not do it, and he said he could if he
had a couple drinks in him. At the
time Bill was sentenced to jail Harry
said he was glad of it; that now he
would not have any trouble with him
and would know where he was. He
also said he hoped they would keep
him for life. On July 19th I went to
Centre Hall in the afterncon and to
the Musser home. About 5:30 Harry
Musser, Bill and I went to Pine Grove
to see a team of horses. Before we
started Harry and Bill went to the
Later
Bill and I got a half pint of whiskey
and drank it. Harry and I were in
front, he driving. Witness described
in detail their trip to Pine Grove
Mills, back to State College, where we
inquired as to a team of horses for |
sale, then left for Lemont. We stop-
ped there then came to Pleasant Gap.
We went to Noll’s coal shed and I
went to the pool room to get some ci-
garettes. When I returned the car
was gone. Some time later Harry
and Bill returned. From there we
went to Haldermans. Harry and Bill
both went in. Harry came back and
made me walk down the road and wait
until they came, which I did. We
came to Bellefonte and got gasoline
and a spark plug at the Cadillac ga-
rage. Bill Musser went to Black-
ford’s and got the sandwiches. I
walked up town and back and we all
got in the car at the restaurant. We
started down the Nittany valley road
and soon ate our sandwiches.” Below
Zion Harry turned the car over to me
and he went back with Bill. At Hus-
ton wu took the road across to Madi-
sonburg. On the way Harry took the
wheel and drove a short distance then
turned the car over to me. When we
You { got to the road to the hunting camp
Harry and Bill both told me to stop.
They both got out and walked up the
old road.
some time later when Harry returned,
got in and said “Let her go.” After
we had gone a little ways I asked him
where Bill was and he told me he had
gone across the mountain to his sis-
ter’s at Howard, but that I was to
keep my d n mbuth shut about it.
Before we reached home Harry got in
the back seat and covered up, giving
as the reason that if any one saw him
coming home at that time they would
think he had been bootlegging. When
we got home we went to the house
and to bed. About nine o’clock Sun-
day morning Harry came to my room
had left Bill to tell him in Bellefonte.
In the afternoon Stover and I went to
Penns Cave. Was sitting on the porch
Sunday evening when sheriff E. R.
Taylor and two men came to the
house. Taylor asked for Harry, then
Musser to get the front
room ready, that “Bill was killed and
they’re bringing him here.” Witness
Every- | then detailed the arrival of the dead
body and also the taking of it over to
say too | Howard, as well as facts in connec-
or my ditys, advice gud 404 tion with his own arrest.
D
Cross-examination. Counsel for de-
fense failed to make witness contra-
dict his story as above told in any es-
sential point, but did exact the admis-
sion that he had been in the booze
business. Witness denied having
heard the shots that killed Bill Mus-
ser. Witness stated that some time
E. R. Taylor recalled. Testified that | before the murder Harry had told him
he received one more letter and a note, | that he had been out with a load of
the former to Frank Grenoble and the : booze and a prohibition officer got
after him, but that he had never been
heard of afterwards. Defense showed
witness a letter and asked if that
wasn’t his writing? But he denied
that it was. After giving a sample of
his handwriting counsel admits he
didn’t write it.
Counsel for Commonwealth offer in
evidence the record showing the ar-
rest and sentence of William Musser
for bootlegging. Also a deed on rec-
ord transferring William Musser’s
property in Gregg township to Harry
Musser; said deed having been exe-
cuted November 12th, for a considera-
tion of $1,500. Offer was made as
showing a possible motive for the
murder.
E. R. Taylor recalled for cross-ex-
amination. Counsel for defense ex-
hibits paper and asks if it is in his
handwriting, and he admitted it was.
At 4:21 o'clock counsel for the Com-
monwealth closed their testimony and
announced that they rested their case.
DEFENSE OPENS ITS CASE.
At 4:48 o'clock attorney S.-D. Get-
tig opened the case for the defense.
In his opening address to the jury he
stated that they would show that the
prisoner and William Musser did leave
home on Saturday evening, July 19,
and made the trip by car, as testified
to by Herbert Heaton, with the ex-
ception that instead of the prisoner
going into the mountain with Bill
Musser it was Heaton that went; and
while they were in there the prisoner
heard two shots and Heaton returned
without Bill.
SATURDAY MORNING'S SESSION.
Though court did not convene until
9:30 o'clock the court house was
crowded an hour before that time,
v of the morbidly curious throng
coming with lunch boxes under their
arms so they could stay all day with-
out losing the small bit of space they
occupied. 3
HARRY MUSSER'S OWN STORY.
The first witness called for the de-
I fell into a doze and it was ;
fense was Harry Musser, the prisone:
Live in Brush valley, have a wife an
. two children. Worked in the hay fiel
| most of the day. Left home betwee
5 and 6 o'clock to go to Pine Grov
t Mills to look at a team of horses. M
uncle, William Musser, Herbert He:
“ton and myself were in the party. W
| took along a jug of hard cider and
- quart of moonshine furnished by He:
‘ton. We all drank some of the moor
shine. Went by way of Penn’s Cav
Old Fort, Tusseyville, Boalsburg 1
Pine Grove Mills. There we inquire
for team of horses but found non
Then started for State College, inqui’
ing along the way for team. At tl
: College we also asked about a tea:
! but could find none at the right pric
{ We had several drinks along the wa
both hard cider and moonshine. Fro
i the College we went to Lemont the
down to Pleasant Gap. Went to Son
mers’ garage then to Noll’s coal she
While there a young man drove in ar
! helped us fix a spark plug. From tl
| coal shed we went down the Zion roa
| At uncle’s suggestion we went dow
to John Halderman’s. By that tin
{the quart of whiskey and thre
fourths of the cider had been consur
ed. At Halderman’s uncle and I we:
in, Heaton remaining in the car. W
. took chairs and Halderman insisted ¢
‘us taking a drink. We had three -
four rounds. At uncle’s suggestion
' went out and got the cider and took
into the house. Uncle then asked He
dermen if he could spare a gallon
that moonshine. We emptied the «
der and getting a can Halderman fill:
: the jug. I paid for it, $8.00. We al
‘ got a pint bottle filled to drink on o
| way home, uncle putting that in I
pocket.
{ From Halderman’s we started f
~ Pleasant Gap but turned and took t
. old pike, coming into Bellefonte. G
‘a spark plug at the Cadillac garag
I paid the bill. Uncle went to Blac
fords and got some sandwiches. V
| then started down Nittany valley, a
' the sandwiches and had another dri:
of moonshine and hard cider.
Peck’s store we started across t
mountain for home. Before we car
to the bridge uncle insisted on sto
ping but we went to the bridge a
stopped. There we had another rou
of moonshine, after which Heaton a
my uncle went into the woods.
stayed in the car. We were all pret
drunk. Soon I heard two shots fir
and a little later Heaton came out.
asked him where my uncle was and
told me not to say a word that he h
killed him. We started on and h
not gone far when we met a Fo
runabout. Crossing the mount:
Heaton insisted on taking the upr
road and not going through Madisc
burg, which we did. We finally reac
ed home, pretty drunk. Called 1
wife to open the door and we we
into the room. I started to get rea
for bed but Heaton walked about t
room and with the .32 automatic in }
pocket threatened both of us. Th
he went up stairs and to bed with
other hired man. I started to cry a
so did the Mrs. Heaton came do
{ and asked what was wrong. He la
drew the gun and threatened both
us if we told a thing. 1 finally dress
and went out. Saw Seymore Sto
| bringing in the cows. Was still pr
ty drunk. My wife came out whe:
was half done milking; helped fin
it. Then went in and ate breakfzs
Heaton then went into front roc
Mrs. washing the dishes. I went
the barn and put the cows out. WI
I went in I asked my wiie what
and Heaton had been talking ah
and she told me to keep quiet. I ti
found the pocketbook taken from :
uncle in my coat pocket. Star
across the field to my brothers, |
Mrs. called me back. With her ar
around my neck she asked me not
say a word. Heaton came around -
house and threatened to kill us if
said a word. Heaton and I went i
the house and I lay down on the b
‘thinking of my Uncle William Mus:
which Heaton said he had killed. N
and I talked the matter over, Hea
and Seymore Stover going up to
old house. When they returned H
ton wanted to know what we was w
rying about. Mrs. said “Herbert, k
could you kill uncle William Musse:
Tears came into all of our eyes. .
Corman came to the house in
afternoon. Heaton and Stover w
at the barn and I was still worry
about my uncle. Later Richard T
lor and two others came and asked
me. Mrs. said she did not know wh
I was. I was going up the lane w
rying about my trouble. He then s
he would be back in the mornii
Witness then told of the underta
taking the body there and then b
to his morgue. I at the time told 1
he could bring him there for bux
About nine o'clock Sunday even
Sheriff Taylor and Mr. Duker
came. I went to the door and t
said they wanted to come in. Kn
ing that Heaton had killed my wm
I got nervous again and instead
dressing went out the back door
ran away. Did not want to get mi
up in the thing. Went up the st
road and stayed there a long ti
Thought I heard some one coming
threw up my hands and said I'd
up. Nobody came and I then sta:
down across the fields. Reached
old barn and went up on the hayl
Stayed there all night crying all
time. In the morning when Willi:
came to the barn I went down
asked for some clothes, telling hi
was in trouble. When he asked w.
told him uncle William Musser
been shot and killed over in Little
gar valley by Herbert Heaton ar
idn’t dare say a word. Williams
me some clothes. My wife came 1:
and told me they had taken Her!
Heaton to jail the night before
that they were also after me. As
Mr. Williams to go to Bellefonte
see my attorney, S. D. Gettig, anc
advised me to surrender, which
a hard thing to do, leaving my
and children. (Here prisoner w.
the tears from his eyes.) Wit
then told of his final arrest and br
brought to Bellefonte and put in
He then appealed to the jury tc
what “is just and right.”
In response to questions of his
torney Musser stated that the q
i of whiskey had all been consumed
the bottle thrown away. That the
| has been taken up back of the
|
|
barn and buried so Heaton coul
(Continued on page 8, Col. 1.)