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NEGRO CCC \\ OHKKH VMM) //V Ml M)K1lt;(Continued from page t)George W. Fisher of Altoona. Mrs. Ruth E. Hess of Altoona, .James A. Reed of Bellwood. Mrs Helen O. Morrison of Altoona, George E. Oberley of Bellwood, Harry E. Gamble of Altoona, Robert E. Buchanan of Altoona and E. A. Herr of Altoona.District Attorney Chester B. Wray, in opening the case for the commonwealth, outlined his contentions. “It was on the streets of Altoona on the night of May 27. 1939, that William G. Patrick, with three companions from a CCC camp, came to Altoona for recreation, stated Mr. Wray.Accosted by Victim.“While walking northeastward on Twenty-seventh street between Maple and Oak avenues, Patrick was accosted by Benjamin. Angry words were voiced by both. Benjamin was induced to leave the scene. Monford Pattillo jumped out of his car. Patrick aimed his gun and fired four shots at Benjamin. Pattillo took the dying man to the hospital One of the boys in the company of Patrick took, the gun to the CCC truck where the murder weapon was found bv the police.”Mr. Wray said that four statements in all were obtained by the authorities from Patrick. “Benjamin,” the prosecutor declared, “was said to have threatened Patrick with a knife some nights before the killing. Benjamin also was alleged to have told Patrick that he must stay away from the city.Patrick obtained a revolver, purchased shells for the gun and wrote a letter to Pearl Ivory, stating that he would be armed with a revolver on his return visit to the citv. In closing his statement to the jury Mr. Wray said that “we will present to you evidence to convict this man of the killing of Benjamin.Call Victim’s Mother.The mother of the slain Benjamin youth was the first witness called by the commonwealth. She stated that she last saw her son, Thomas, aged 19. alive on the night of May 27 at 7.45 o’clock. “He worked at the Penn-Alto hotel.’’ she said to the court.Monford Pattillo, aged 21, of 1815 Thirteenth avenue was the next witness to take the stand. He was the driver of the car in which Benjamin was a passenger prior to the fatal shooting, he said. He relatedfensc Counsel Jubelircr also drew from the witness an affirmative answer that you knew that there was a party planned at the Ivory home and Benjamin was incensed against the presence of only CCC boys at this party.In closing the cross-examination of the witness, Mr. Jubelirer also obtained from Pattillo an opinion that Benjamin was taller and heavier than Patrick.Tells of Wounds.FI. Shope, who in the ca-Dr. Cpacity of coroner’s physician examined the body of Benjamin, was the next witness. He said that “a hemorrhage of the lung caused the death of the victim.” The doctor told of examining the body and finding a bullet from a small calibre gun “lodged in the vertebrae, after it passed through the lung.” The small pellet was shown to the jury.Irma Grace Hatch, aged 10, of 2616 Oak avenue testified of “seeing the two men. I saw the short man hack by the house as he fired the gun. The other man was out by the curb.J. B. Chathams of 2717 Maple avenue was walking up TwentyI merely wanted to keep him off of me.” Another statement included Patrick’s declaration that “Benjamin accosted me a week before the shooting with a knife, the blade of which was four inches long, and laid the knife on my neck . . .it made me jump.”(iirl On Stand.Miss Pearl Ivory, 18-year-old Negress, residing at 2620 Walnut avenue, who was the object of Patrick’s affections and likewise the former companion of Benjamin, according to the commonwealth contention, was the next witness.The girl identified a letter I received from Pat on the Thursday before this happened.” The text j of the letter was read to the jury by Mr. Wray. The letter, written by Patrick, informed the girl of Benjamin’s meeting with the CCC worker “after I left your house last Saturday night.”“I was walking along thinking of you when some one came up to me,” the letter pointed out. “He had a knife in his hand. He told me to stay away from you in particular and all girls in Altoona. He then snapped the knife in my face.seventh street when he saw “from' He also warned me to stay out ofa distance the men engaged in the scuffle. I called the police. Chathams stated.F’Mr. Warsing on Stand.C. Warsing of 911 Twenty-seventh street testified that he was seated on his porch when his attention was drawn “by the well-dressed colored men in front of the Pfeister store. I saw a stout man talking to the three or four in the group. I went inside of the house and then my daughter came running inside, telling me that they were shooting a man outside.’ When I got out onto the porch I looked across the street and saw two men kicking at what I later found was a body. The next thing I saw was three fellows running up the street.town,Another paragraph of the letter written by Patrick to the girl set forth “that if I see him Saturday it will not be so hot for him” and also that “I will he prepared for all emergencies.”Witness Cross-examined.In cross-examination, the girl toldof a letter that she had forwarded to Patrick warning him to be careful” after she had heard of rumors of Benjamin’s attitude toward Patrick. “Benjamin warned me to keep away from Pat and not to write to him. or he would run him out of town. the girl declared.The girl witness also admitted upon questioning by Mr. Jubelirer that “Benjamin told me on Wednesevents leading up to the shooting I then walked around the automo- day night that he would be up to near the x*—- ■ t-:'- ... . . _ *Maple-Oak confectionery bile an(^ saw the young man tryingstore on Twenty-seventh street “We were going to Johnstown to a dance,” Pattillo stated. “While driving down Eighteenth street traffic was heavy and I decided to go up Tenth avenue and across the bridge. As I was driving down Twenty-seventh street, we saw Patrick and several other fellows outside of the confectionery store.to get the prostrate man into the car. I lighted a match and saw blood seeping out of the body, with his face all battered up.”Warsing’s testimony apparently caused the mother of the slain victim to break her composure. Seated at the prosecutor’s tabic, the slender colored woman maintained abreak up my party after I told him he was not invited. ‘I will run those CCC hoys out of town’ Benjamin said.” In closing the cross-examination. Mr. Jubelirer received an affirmative answer to his question of Did Benjamin weigh 30 to 35 pounds more than Pat?”John Harris. William Washington Tucker and James Edward Cor-constant interest in the proceedings hett, Negro youths of this city, wereHears Argument.Tom jumped from the car. I heard Tom and Patrick arguing Tom came back to the car and told me that Patrick had a gun. Black-stock came over to the car and urged me to get Benjamin away from there. I heard Tom tell Pat-,r*ck t° ^row the gun away and then they could fight it out up along the railroad, said Pattillo.“Patrick then came toward the car. I jumped out as I thought he had the gun in his hand. The next thing I heard two shots fired as I jumped from thewithout show of emotion until Warsing took the stand As the man concluded his testimony, Mrs. Benjamin broke into sobs and had to be assisted from the court room.David J. Markel and his wife, Anna May Markel; H. J. Pfeister, owner of the confectionery store; Joan Marie Frank and V. Louise Kiser, all of whom reside within the vicinity of the scene of the fatal shooting, were called to the witness stand to relate minor incidents as they knew them in connection with the case.the next witnesses called. They testified of going to visit Patrick at the CCC ramp at Philipsburg. All had heard rumors of Patrick being threatened by Benjamin, who carried a knife, they testified.. . . car. When Ilooked around, they were fightingI heard Tom calling as he lay on u'ho saif* arrested Patrick at the sidewalk. “Come on, come on the Parked CCC truck near Tenth and help me.” alley and Seventeenth street at 9.45I tried to lift Tom into the car ?’dock on the night of the shoot-but was unable to move him. A in£- was called to the stand. The white fellow helped me lift him and officers said he found the 22 cali-I rushed him to the hospital. He ; bre gun underneath a bench in theNo Marks On Face.Dr. Shope was recalled to the stand by the defense counsel and testified that he “had found no marks on the face of Benjamin.” Dr. Jack L. Levine, former hospital interne, now located in Baltimore, said Benjamin “was dead upon his arrival at the hospital.At 10.10 o'clock last night, Dia-Lieutenant L. W. F. Haberstroh, triet Attorney Wray announced thePolice Officer ( ailed.died on my shotilder, I believe. The last I heard him say was when he called to me for help. He only made a gurgling sound after that *’ Pattillo testified.In Cross Examination.In cross-examination, Pattillo admitted he could hear only Benjamin’s loud declarations about come on up to the railroad and we will fight it out Pattillo also stated that h# “called to Benjamin to come on but he wouldn't come. The colored youth, friend of the deceased, said he “jumped from the car when Patrick came towardtruck. Statements, four in all, were obtained from the defendant! Haberstroh testified.Mr. Wray then called in turn Miss Mary E. Patton, stenographer, City Detective William T. Stephens and Police Photographer J. FI Wertzberger, in connection with the introduction of the statements made by Patrick and two of a series of photographs taken at the scene of the shooting.The statements obtained by the authorities were read to the jury by Mr. Wray and his assistant. Park H. Loose. These, signed by the defendant,commonwealth rested.’’ Motions J were then made by Mr. Jubelirer “to find the defendant not guilty I 1 of the indictments of first degree i murder, second degree murder and t manslaughter. He also filed a i demurer to the evidence of the i commonwealth in each indictment.” lt;“I will hear arguments on your \ motions at 9 o’clock tomorrow ; i morning, said the judge as he ad- t journed court for the night. The ! 1 jury was escorted to sleeping quarters on the third floor of the court- t house, with Sheriff John H Sum- \ mers and his deputies, Lovell A. j t Harvey and Mrs h guarding the jury aMalone. John Stella Ullery rooms.LEAD IN MOVIES.There are more motion picture............... were not at greatt attiIJo stated that he knew that variance. One set forth that Pat-’Benjamin didn't like Patrick.” De- jrick “didn’t want to kill Benjamin.theatres in Germany than in any other European country. Next in order come Great Britain, France, and Italy,
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Altoona Mirror
Altoona, Pennsylvania, US
Sat, Jan 13, 1940
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USA 07 Jun 2025
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