State v. La Rose

• Decision Date: 19 October 1909
• Parties: STATE v. LA ROSE.
• Court: Oregon Supreme Court

104 P. 299

54 Or. 555

STATE v. LA ROSE.

Supreme Court of Oregon

October 19, 1909

Appeal from Circuit Court, Multnomah County; Robert G. Morrow Judge.

Jack La Rose was convicted of murder in the second degree, and he appeals. Affirmed.

Defendant was convicted in the circuit court for Multnomah county of the crime of murder in the second degree, committed in the killing of one Hyman Neuman, and appeals to this court. The evidence introduced by the state tended to show the following facts: On the 11th day of May, 1908, defendant entered the secondhand store of one Max Hermann, and asked to be shown some article on sale. As Hermann turned to procure it defendant struck him on the head with a rusty iron bar wrapped in a newspaper. After striking the blow, defendant escaped from the store, leaving Hermann in an unconscious condition, with the weapon lying upon the floor near him. The next day, about 16 hours after the assault upon Hermann deceased Hyman Neuman was found in his secondhand store which was situated within a block from the store of Max Hermann, lying in an unconscious condition upon the floor wounded upon the head, in a manner similar to Hermann, with a piece of rusty gas pipe, wrapped in a newspaper bearing date of the previous day, lying near him. A stepladder against the wall and a suit case on the floor near him indicated that he had probably been taking the case from the shelf when he was assaulted in the same manner as Hermann. Within 24 hours after the assault on Neuman, and within two blocks of the business places of Hermann and Neuman, defendant entered the Chinese tailor shop of one John Chong with a rusty piece of gas pipe, which was wrapped in a newspaper, and further wrapped in a handkerchief, and requested to be shown an article of merchandise from one of the shelves. The wrapping not being arranged so as to entirely cover the pipe, the Chinaman saw the pipe and asked him what he was doing with it, and he answered that he was working for the gas company. When the Chinaman turned to take down the article, defendant struck him with the pipe, but the blow was a glancing one, and failed to stun him. Defendant then ran out of the store with the Chinaman in pursuit, and was captured within a short distance. When confronted by the Chinaman, he admitted the assault, and made the following statement: "Yes, you son of a bitch [referring to the Chinaman] I thought I had killed you, but I have knocked over a number of your kind, and I didn't think, when I left you, you would ever be able to come here and identify me." It was further shown that about 11:30 o'clock of the day upon which Neuman was struck defendant came into a saloon in the neighborhood of the place of business of deceased in an excited, and apparently intoxicated, condition, and said: "For God's sake, give me a drink of anything. I have just been standing down in front of a secondhand store, and I didn't know whether to go in there and buy a revolver and commit suicide or blow in this $10." Later word was brought into the saloon that another Jew had been struck down by the mysterious person called the "gas pipe thug," and defendant said: "They ought to kill all the God damned Jews." About 6 o'clock on the same evening defendant again entered the saloon, and, taking more drinks, drew from his pocket two watches and left them with the bar tender. They were identified by relatives of deceased (Neuman) as having been his property and part of his stock on sale in the store. Witnesses were not able to say that the watches...