Held for Murder in First Degree
Harry Rose of Helix Was Shot by Man Now Under Arrest for the Crime
Young Man Victim of Brutal Attack by Deputy Sheriff Whom He Had Ordered
Out of His Store Following Quarrel -- Coroner's Jury Holds the Shooting
Harry Rose, whose death was mentioned last week, was murdered
instead of killed in an accident, as seemed to be the case according
to the telegram which gave the first news of his death to his parents,
Mr. and Mrs. C. A. Rose of this place. A letter has since been received
from the young man's brother John, who also resided at Helix, Ore.,
containing full details, also copies of the helix newspaper with an
account of the crime and of the findings of the coroner's jury.
It appears the young man was shot by L. D. Clark, a deputy sheriff
and town marshall of Helix, following a disagreement which resulted when
Rose ordered Clark's young son out of his cigar store and poolroom. It
seems that the boy had been very troublesome and disorderly and Rose had
at length ejected him. His father appeared and quarreled with the
propietor over this. Clark then went away and procured his revolver
and club. Entering the store where Rose was reading his paper, without
warning he hit the young man a blow on the head which mangled his ear.
The latter was at first stunned, but recovered and clinched with Clark,
and was soon on top of him on the floor, apparently getting the best of
At this a bystander pulled Rose off from Clark, whereupon the
marshall pulled his revolver and fired twice.
A coroner's jury brought in a verdict to the effect that the
shooting was unjustifiable. Clark is now in jail, charged with murder
in the first degree.
Mr. Rose was very popular in Helix and much sympathy is felt for
his family as well as great indignation at the brutal crime.
Hand dated Oct. 22, 1922. Unidentified Newspaper Clipping from the
Scrapbook of Viola Emma Florance Rose
Athena, Umatilla County, Oregon, Friday, Novem...
Helix Marshall Held for Killing
L. D. Clark, Helix Marshall and deputy sheriff, is held as the
result of a shooting in which he killed Harry Rose, cigar store man of
Helix Saturday night. The Pendelton Tribune gives the following
account, which is decidedly against the officer:
"Harry Rose came to his death by a bullet fired from a .32 colt
automatic by one L. D. Clark, and we as the coroner's jury find that
the shooting was not justifiable."
This tells the story of the coroner's inquest held at Helix Sunday.
Clark is held without bond. The officer, who is over 50 years of age,
is in a very nervous condition, and spent the day before he was arrested
in the company of his wife and 11 children, at Helix. He did not
testify at the inquest.
Feeling run(s) high in Helix against the officer and the inquest in
which 20 witnesses testified did not favor the old officer. The most damaging evidence against Clark is that all witnesses who
watched the fight and saw the fatal shot fired, testified that Clark
never declared Rose under arrest, and that, in their opinion, the fight
was purely a personal affair.
Several farm hands who were eyewitnesses to the whole event, told
of young Clark, a son of the marshal, coming intoose's cigar store and
getting into and argument with the proprietor. The upshot being that
Rose struck young Clark and at that moment, the marshal arrived at the
store. Hot words were exchanged between to officer and proprietor, and
then the marshal left.
Although it was not proven that Clark went home to get his gun, he
returned later to Rose's store and after a few words a fistic encounter
ensued. Rose used a chair on Clark's head, and Clark broke his billy
club over Rose's left ear, the testimony showed.
When Rose got the best of Clark and straddled him on the floor
Clark fired two shots, the first striking Rose in the hand and breast,
and the second going into the floor.
Rose was immediately rushed to his home where he died before
medical help could be secured.
Several witnesses were asked if Rose was under the influence of
intoxicating liquor, and none of them declared that he was. Practically
all the witnesses were farm hands who were about the Rose store and
barber shop adjoining.
Sim Clark, son of the man held, testified to his altercation with
Rose but admitted that before Rose hit him, that he had called Rose a
Rose was 37 years of age, and leaves a wife and one small daughter.
Funeral services were held at Helix Monday.
Daily East Oregonian, Pendelton, Oregon
Monday Evening, Octo...
Helix Marshal Made No Attempt To Arrest Rose
Witnesses Of Shooting Fail to State That Attempt Was Made to Arrest
Shots Fired During Fight Between Rose and Clark; Funeral Services
Tomorrow ... witnesses who saw L. D. Clark, ... sheriff and town marshal of
... shot and kill Harry E. Rose in .. ter's cigar store at Helix
Saturday, not one testified at the in- ... held in Helix today that
Clark made any attempt to arrest Rose.
... shooting done with a .32 colt revolver occurred after an
argument between Rose and Sim Clark, aged 18. ...Clarks 12 children.
Rose ... young Clark from the store, ... state after which the elder ...
. and remonstrated with ... struggle ensued between the .. eye-witnesses
, and Clark was .. to the floor on his right side, ... on top. A
bystander testified .. after a request from .. lifted Rose so that the
weight .. body was removed from Clark. ... marshal then with his left
hand, of the safety from his revolver, which he took it in his right
hand fired it at close range, the bullet entered Rose's left ... the
second penetrated hi ... After gasping, "I'm shot,..." Rose was taken to
his home and died soon after.
... is popular in Helix and be- ... od antagonism toward Clark,
... was brought to Pendelton... and returned to Helix today for ... He
was nor t placed under ...
Rose, who was 37 years of age, is survived by his widow and two
years old daughter, Clara Belle. Another daughter, Dorothy Mae, aged
two, was killed last year when she was run over by an automobile.
Rose's relative are from New York.
Funeral services will be held in Helix at 10 a. m. tomorrow.
Daily East Oregonian, Pendelton, Oregon, Tuesday Evening, October
Helix Marshall Held When Jury Finds His Act Not Justifiable
L. D. Clark, deputy sheriff and town marshall of Helix is in jail
as a result of the killing of Harry E. Rose of Helix Saturday evening.
The jury brought in a verdict yesterday afternoon to the effect that
Rose came to his death as a result of gunshot wounds inflicted by a gun
in the hands of Clark and that the shooting was not justifiable.
No complaint against Clark had been filed yet this afternoon, but
an information is expected to be presented within a short time.
The finding of the jury was made following the hearing of testimony
of 20 witnesses in the inquest. No witnesses testified either that the
officer attempted to put Rose under arrest, or that booze figured in any way
in the trouble leading to the shooting.
The members of the jury to which the testimony was presented
consisted of Harvey Brown, J. S. Norvell, M. D. Smith, C. F. Kennedy,
Frank Herman and John Anderson. All of the jurors except Mr. Kennedy
are Helix men. He lives in Pendelton.
Funeral services for the deceased were held this morning. Besides
the widow and a little daughter, the relatives who survive are his
mother and father, Mr. and Mrs. C. A. Rose of Cuba, N. Y: four sisters,
all of Cuba, Genevieve, Mrs. C. J. Neil, Marian and Irene; three
brothers, Ernest Rose, Rochester, N. Y. , John V. Rose, Helix, and
Myrtal Rose of Dundee, N. Y.
Mr. Rose was a member of the Knights of Pythias, Masons' and Elks
and was also prominent in the activities of the Commercial club of
Helix. He was in railroad work before going to Helix several years ago.
He had been in the cigar store and pool room business for several years
before his death.
Besides Coroner J. T. Brown, R. I. Keaton and C. Z. Randall,
respecting the state's cause, and Wm. H. Peterson of the legal firm of
Peterson, Bishop and Clark and A. C. McIntyre, Helix attorney,
representing the defendant participated in the inquest.
One conflict in testimony developed in the hearing when the stories
told by A. R. Zumwalt and John Heberlein conflicted.
Heberlein was the man who pulled Rose up so that his weight was
very nearly removed from the body of Clark just before the fatal shots
were fired, he told the jury. He said he was touched on the arm by
Zumwalt, who told him to let Rose alone so that the two men could "have
it out," or words to that effect.
"What did you say to Zumwalt then?" one of the attorneys asked.
"I told him to go to hell," Heberlein replied.
Zumwalt when he was recalled to the stand said that he made the
remark, but his testimony was to the effect that he made this request of
Heberlein after the shots were fired. Heberlein insisted that the words
were spoken before the shots were fired. To substantiate his claim he
told the jury that he started to run as son as Clark started to fire and
that Zumwalt did not talk to him afterward. Heberlein led Rose to the
front end of the cigar store, he said, after Rose had been shot. He
said there were three shots fired. Testimony at this point conflicted,
some of the witnesses stating that they heard two shots, while others
thought there were three.
The list of witnesses that were examined were A. R. Zumwalt, Henry
Merrill, Gale Alapack, Percy Kelly, Bay Pierce, Julius Nelson, Jack
Rose, brother of the deceased, Willard Griffin, Sims Clark, son of the
defendant who had the first trouble with Rose and called him a name
when he was ejected from the store, Walter E. Clark, nephew of the
defendant, C. E. Randall, Dr. J. P. .... the only man in the store who
did not run during the shooting, ... Dollarhide, George ..., Fred
Gerard, John Kupers, Lorin O'Gera, .. ... and Elbert .. ....
Nov. 1, 1922
Manslaughter Charge Brought Against Clark
A charge of manslaughter was proffered against L. D. Clark, deputy
sheriff and marshall of Helix, this afternoon in the court of Justice
Joe H. Parkes for the alleged killing of Harry E. Rose. The information
against the man was proffered by District Attorney R. I. Keaton, shortly
before 2 o'clock this afternoon.