Article clipped from Press Telegram

McHenry Is FreedcentagesA 1th Midwest, Califomiof Murder ChargesTheDec. 12. the coni; cent hosBy BOB SANDERSBilly Lee McHenry today was found innocent of murder charges stemming from the shooting of James Gilbert Frutchey, 40, last July 2. Judge Allen Miller said he will determine the guilt or innocence of McHenry’s co-dcfendant, restaurateur Arthur Virgil Morgan, at 9:30 a.m. Tuesday.Judge Miller interrupted defense, atty. Douglas Dalton just as he started his final argument in behalf of McHenry and said, 'Tve made up my mind on your client, f feel there is insufficient evidence to find Mr. McHenry guilty.Earlier, an admission by Morgan’s wife that it was she and not her husband who shot and killed their son-in-law was challenged by a homicide investigator during the murder trial in Torrance. Superior Court.member how many shots she fired.FARRINGTON said thatduring his investigation the night of the shooting cf the former Los Angeles lumber yard owner, Mrs. Morgan told him she was in the Jial inside the house when she heard shots and then went to the phone to call police.The investigator said she repeated the statement fourdays later while being questioned at the Lakewood Sheriff’s Station.Under cross - examination hy Ball, Farrington admitted there was no written report made in Mrs. Morgan’s allegation that she was inside the house at the time the fatal shots were fired.Farrington said Mrs. Morgan on July 6 refused to make a formal statement regarding her t whereabouts when the fatal family feud occurred.DEPUTY Sheriff William R. Farrington testified that Mrs. Dorothy Morgan told him twice she did not leave the house during the fatal shooting of Frutchey in the backyard of his Rolling Hills home on July 2.On Thursday ; over the strong objections of Iheprosecution, clcfcns-e atty. Joseph Ball was successful in placing in evidence a statement by Mrs. Morgan that she recalls “pointing the gun at Jim and firing” but added she could not re-Dr. Lihvack Gets2 Slate Posts• Dr. 1. D. Litwack, Long Beach health officer, has been appointed to two advisory posts in the state. Department of Puhlic Health.During 1968 he will serve as consultant in public health administration and as a member of the departmental advisory commitLce on alcoholism.DURING the morning session today, testimony was heard from three other witnesses: Jack Light of Newport Beach, who said he had known the victim for 25 years; Tim W. Raker, who spent last New Year’s Eve with Frutchey, and Dale Yates, a business associate and fraternity brother of the dead man. -Light testified that Morgan had asked his help in persuading his son-in-law to do something about his daughter's drinking problem.“I don’t know what I am liable to do. I think I might have to kill Jim. Light claimed Morgan told him.. Raker told the court that during a New Year’s Eve gathering at .his home last year, Frutchey told him he lived in constant fear of Morgan.YATES testified that Frutchey told him: “I am afraid - that he (Morgan) would shoot me in the back.Morgan is charged with shooting Frutchey during a fight resulting from a longtime feud over Frutchey’s reported mistreatment of his wife of 13 years, Char-leen Joan Frutchey, — Morgan’s daughter.McHenry is accused of murder on the grounds he aided Morgan in the fatal fight.Thursday, Deputy Dist. Atty. Robert Burnett called six witnesses who testified Frutchey was shot during the fight with Morgan, then rested his case.Then, Morgan and McHenry took the stand and testified neither knew who fired the fatal shots. Morgan denied the shooting and said he was wrestling with Frutchey, buL thaL Frutchey had taken his gun away from him.SEE,IIAMcIIENRY said he and Morgan went to the Frutchey home to move Mrs. Frutchey and her two children out of the home, but, when they arrived Frutchey “busted through the backdoor,” grabbed Morgan and began hitting him.Morgan admitted havingThe Thursda test ag values t 30,000 8S,0UU-a rmgc CoAt st; uy’s pn applied The cor .duction lion. .Ten c supervi.' board fused tlt; ment r being 1 had ast of $888 be re SI43.18(Continued Page B-6, Col. 7)IN Dto dropSUPPLIES TRUCKENew StoBy TERRY SATTORIAWINDOW ROCK, Ariz. — A Long Beach DC3 carrying a ton and a half of emergency food and clothing supplies for snowbound Navajo Indians landed here Thursday after it svas unable to make airdrops because of a new snowstorm over part of the reservation.The plane, piloted by Russ O'Quinn, of Flight •Test Research, 2680 E. Ward low Road, lifted through the fog from Long Beach headed for parts of the frigid 25,000-squarc-mile nc ervatior had Sf signal f Met tives o the crt on belli Long E cern a: the tell Thethis tlwere and dlt; houses ervalio being ] men. The
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Press Telegram

Long Beach, California, US

Fri, Dec 29, 1967

Page 33

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