Show r k Tempers 1 Flare r- r r. r At Al Johnston Pardon Hearing TWIN FALLS Idaho Aug 6 UP Thc UP-Thc Tho The pros and cons fought out the continuing battle for Duncan Duncan Duncan Dun- Dun can M M. Johnstons Johnston's freedom until until midnight Thursday night Thousands of words were spilled r In to the nine-hour nine contest of tem tern terns tempers tempers s pers play by-play and accusations accusation At Ati i its end these salient points stood out from among the scores of Jabs feints and direct attacks that featured fea fea- fea featured J the continued hearing on the form former r Twin Falls mayors mayor's application for pardon One One Mrs C. C D D. Merrill Fairfield Fairfield Fair- Fair field who with her husband has been attempting for more than two years yeara to prove Johnstons Johnston's innocence in innocence innocence in- in said she had received 2 0 from state officials to carry carryon on their i im investigation The state officials officials oW- oW were not named Held No o Discussion lon T o Two The The jury that convicted Johnston for the second time of ot the murder in May 1938 of George GeorgeI I L. L Olson Salt Lake jewelry salesman salesman salesman sales sales- man arrived at a a. unanimous verdict verdict ver vcr dict of bf guilt without discussion immediately after the case was given it for consideration c Three Three Three-Three Three of the six jurors i called as witnesses said they were under tinder the Im impression they were justified in finding Johnston guilty even though it was not established he fired the fatal shot shot shot-in in other words that he had an accomplice I Four That Four That each ach side was using using using us us- ing the same basic evidence in at attempts attempts attempts at- at tempts to show beyond doubt that Johnston was v guilty or innocent as the case may be i During the hearing the famed murder case was almost retried again There were continual disputed disputes dis dis- dis over points of evidence and many references reference to the record 1 Attorney General Bert H H. Miller who conducted the hearing admonished admonished admonished ad ad- the witnesses the pardon board was seeking new evidence or ar new material not on the record Given Chen r Twin in Falls Police Chief Howard Gillette who was responsible for forthe forthe forthe the hearing after he had asked he be given a chance to be heard f and to defend the reputation of of himself and his coworkers drew from Mrs Merrill her assertion a state officials had given her ti for investigation work t It It is true said Mrs Merrill that I had put in my hand some money from state officials I was given in one instance 50 in a personal check All together we she and her husband received approximately from state officials of of- of Mrs Merrill made her statement statement statement state state- ment after first refusing to be x r sworn because she could not tell the whole truth Miller finally it succeeded in swearing her inu in I u O O. H. H Coleman Twin Falls city councilman and a second trial juror disclosed for the first time at a public gathering the jury fi Convicted Johnston of the murder on the first preliminary feeler Leeler ballot All Jurors Agree He added the next ballot was k unanimous in fixing the crime a at t first degree murder and the bal bat ballot ballot lot on recommendation of sentence i i was 10 to 2 for life imprisonment I f Jurors Coleman John Breckenridge Breckenridge Brecken Brecken- Breckenridge ridge and Richard Baggs said the they were of opinion they could have convicted Johnston on assumption he did not fire the fatal shot bu but t had bad guilty knowledge Fred Munyon said he thought though t a a. statement was made to the ju jury ry t to that effect but said it did no not t 1 Influence him in voting to convict conic t r Johnston Jurors John Nye Nyc Jr and W W. H H. r Murphy said it was their opinion opinio t Johnston fired the fatal shot Miller spent much time in a an n effort to determine whether th the e 1 jurors thought Johnston had a aw an n w accomplice on basis of previous s t reports that R R. W W. BeckWith on one of the prosecuting attorneys in his closing arguments to the ju jury said the state did not contend conten Johnston killed Olson but that h he e had guilty knowledge Dolls Bolls O C Over r rI I Gillette who detailed his par part t t. t in the investigation said he w wast was as t boiling over because of inferential Ual Jal accusations the Twin 1 Falls Fall I police pollee had been corrupt He adf admitted ad ad- f mUted mated he and other officers had ha I received Deceived received rings from Wayne Vayne Decker Decke r I Salt alt Lake jeweler and Olsons Olson's s employer em em- GUlette's Gillette's attempts to have ha M Mrs Irs rs n Merrill detail the new e evident evidence dence e khe he had discovered disco drew cheer from the audience Mrs Merrill Merril l explained and was backed up b by y yas Miller that the new evidence c w was as presented at other pardon board boar e sessions cessions ions and could not be presented presente d here |