On April 13, 1925, Harry Chamberlain was a secret witness for the defense. Mark Collins had already been tried in the press and found guilty. Though never convicted in a court of law, he was viewed by nearly everyone as a cold-blooded murderer and possibly a serial killer. Harry’s testimony sent shock waves through the Salt Lake Valley and beyond.

News reports of Salt Lake County Sheriff Harries’ investigation had convinced everyone that Mark Collins was certainly guilty of the brutal murder of C. H. McQuown.

The testimony of defense Attorney Edward R. Callister’s key witness, Harry Chamberlain, turned the case upside down. Collins fate was now in the hands of the twelve jurors.

Saturday, October 11, Murder on Nineteenth East

In 1924, Harry Chamberlain, age 33, a bank teller at Walker Brothers Bank, and his wife Annie 28, lived in their home at 1431 South, 10th East with their son and daughter, Ernest 8 and Lois 5.

Saturday was Movie Night at Emerson Ward. On October 11th, Harry and Annie Chamberlain went to the silent pictures. Harry was the program coordinator, so he made sure everything was running smoothly. He then walked home to prepare for a family outing in City Creek Canyon. Annie stayed and watched the picture show.

When Harry got near his residence he saw a man in a Buick roadster parked in the front of his house. This seemed a bit unusual. When Annie returned after the movie, the automobile was still there but the driver had left.

Sunday, October 12, Morning headlines

The Sunday morning headline of the Salt Lake Telegram was hard to miss: “SALT LAKE SALESMAN MURDERED BY BANDIT”. It happened on 19th East near 17th South in the remote edge of town, only a mile away from the Chamberlain home.

“C. H. McQuown, a salesman for lumber company is shot to death in cold blood”, the paper continued.  McQuown was riding slowly along Nineteenth East with his traveling companion Miss Rhoda Turner 33. A man stepped out of the shadows and flagged them down. The gunman ordered them to get out of the car. They quickly complied. Shots rang out and McQuown fell to the ground.¹

McQuown 54 was a salesman for Boise-Payette Lumber company, and former mayor of Buhl Idaho. He stayed regularly at the Newhouse hotel since January, 1923 where Miss Tanner works as a mail clerk. McQuown often invited Miss Tanner to motor with him and their course led to the east bench near where she lived.¹

The couple traveled east on 17th South and then turned north on to Nineteenth East, an unpaved road not much traveled. They past the lone cottonwood tree about 300 yards north, and had just negotiated a U-turn when the attack occurred.¹

In view that the couple had traveled to this location several times before, it is the general belief that the bandit was aware of their movements and laid in wait for them. M. J. Tanner, brother of the woman, said the couple had been to that location previous to Saturday.¹

Motive of robbery is suspected

Miss Tanner reported that her pocket book was taken containing about $30. However, the bandit left a gold watch and considerable change in the pockets of McQuown. The bandit ordered Miss Tanner to search his clothing for valuables. She objected and was immediately struck unconscious with the pistol.¹

When she partially regained consciousness, the car was gone. She ran to the nearest house for help. Two neighbors ran to the scene where the victim lay murdered under the large cottonwood tree. The murderer escaped in McQuown’s Buick Roadster bearing licence plate number Utah 14-038.¹

Sunday morning paper describes vehicle in front of Harry’s home

Harry Chamberlain was stunned when he realized that the description of the stolen machine described in the morning news, was a perfect match to the vehicle now sitting outside in front of his home!

Mark Collins arrested for the murder at 9 pm

The Sunday morning paper reported that Mark Collins 21, a transient form California, was arrested by Sheriff Ben R. Harries. He and his wife Mary 20, were camping in a wooden garage about 200 yards from the murder scene. The behavior of Collin’s wife raised suspicion which led them to the camp. There they found bullets of the same caliber as shells found at the crime scene. Saturday evening, Collins returned to their camp from Salt Lake on the 15th East streetcar. Collins claimed he was looking for work in the City. When he arrived at about 9 pm he was arrested.¹

The sheriff did not interrogate Collins closely Saturday night. His first priority was that every available deputy join in the all-night hunt for the missing weapon, the stolen automobile and its occupant. If the automobile is not found, it means the murderer has escaped the area and the wall of circumstantial evidence against Collins will crumble.¹

Miss Tanner, suffering from shock and scalp abrasions, gave a clear story of the tragedy but could not describe the murderer.¹

As Harry Chamberlain read the paper, he realized that when he saw the occupant in the murder car it was exactly 9:10 pm. Also, he knew it wasn’t Collins. According to the Salt Lake Telegram, Collins was arrested at about 9 pm. Harry got a good look at the man in the car. If the man he saw last night was the killer, Harry was the only one who could identify him. This was not a pleasant thought knowing that he was still on the loose in the neighborhood.

Monday, October 13: “We have the right man,” Sheriff says

Harry became more and more uneasy as he read the startling new developments in the  Monday paper. According to the Monday evening Telegram, the evidence against Collins continued to grow. The sheriff was certain he had the right man.

An inner headline of the Monday evening Telegram was: “WOMAN ADMITS HUSBAND OWNED TRAGEDY PISTOL.” The weapon in a holster and cartridge belt with four loaded magazines were found on Monday in an orchard at Twelfth East and Harrison Avenue. According to the report, after close questioning by the sheriff, Mary Collins admitted it was her husbands weapon.²

However, Mark Collins, who had not been told of his wife’s admission, denied it was his .45 caliber pistol.  He claimed he no longer owned his .45 automatic weapon and that his had his initials. The one he owned previously, he said, was in California. The sheriff took the cartridge belt and slipped it around Collins. It seemed to fit perfectly.²

After the .45 automatic was found, Sheriff Harries and Chief Deputy Ayland placed Collins in their car and drove him to Salt Lake. They wanted to trace where he claimed he had been on Saturday. Collins was confused about some of the streets he walked but sure he had been to the City and County Building. The last land mark he remembered, before boarding the Fifteenth East street car, was Liberty Park.²

Mrs. Collins Story

Mrs. Collins told investigators that she and her husband arrived in Salt Lake on Friday and on their first night, they camped underneath the cottonwood tree on Nineteenth East. However, cold and snow on Saturday caused them to seek shelter in a garage building 200 yards from the tree.²

She told investigators that they started from Chico, California about a month ago, stopping at Sacramento and Stockton to visit relatives. They were on the way to Granger, Wyoming where Mark’s brother had died recently.²

They only had a few dollars when they arrived in Salt Lake and most of that was spent for food. Mark is a laborer and has worked with engineering parties. Some surveying implements were found in their automobile which they used to come from California.²

Officers also found a complete first aid kit including surgical instruments, a .3030 caliber rifle and a .44 caliber revolver, and various license plates in their vehicle. They also found a number of .45 caliber cartridges.²

In spite of the incriminating evidence, Collins still denies he had a 45-automatic in his possession during the last 12 months.²

The Sheriff’s theory

The automobile that the slayer escaped in, the machine being driven by McQuown, was found at about 1440 Tenth East street. The sheriff believes Collins left the murder scene immediately after the crime and drove the car down Seventeenth South, possibly to Eleven East, and then to where the car was found on Tenth East. They timed the trip. It took seven minutes.²

Apparently, officer Thomas Dee, who also resided on Tenth East, was one of those called to the scene. The newspaper reported that when he “left his residence on Tenth East street at about 7:40, the time of the murder, no car stood there. When Dee returned at 9 o’clock the Buick roadster was standing there with the engine cold and the headlights burning.”²

So the sheriff concludes that Collins dashed from the roadster and fled east on Harrison Avenue to Twelfth East where he flung the cartridge belt, holster and revolver into the field. He then raced to Thirteen East turned north and ran about another five blocks to Ninth South. There he boarded the Fifteenth East street car.²

Motorman Andrew D. Dewey identified Collins. He remembers Collins boarding his car and tendering exact change. This was at 8:10 pm about one half hour after the murder.  The street car traveled south on Fifteenth East and Collins disembarked near Seventeenth South.²

Map of south-east Salt Lake City

Finger prints on steering wheel

Deputy Sheriff Samuel Goldstein found finger prints on the steering wheel and on other places in the car. He photographed and recorded several distinct prints. They will be compared with Collins’ fingers late this afternoon.²

“You placed that there to frame me”

Saturday night, a few minutes after Collins was arrested, handcuffed an placed in the rear seat of the Sheriff’s vehicle, Deputy George Knepp saw the edge of a $10 bill protruding between the curtain and the body of the car. Closer examination revealed two $10 bills. When confronted, Collins and his wife both charged the officers with “framing them”. This incident was revealed to the press on Sunday.²

Later developments tend to reveal the bandit took McQuown’s money, but did not take Miss Tanner’s money as first supposed. Twenty-six dollars in currency in the same denomination that Tanner possessed were found at the murder scene on the ground. A gold watch and diamond stick pin on McQuowns body were not disturbed.²

Trouble in California

In further developments, the Salt Lake Sheriff’s office received information that Collins was wanted by police in Chico, California. When confronted, Collins declared he had been in trouble in California but claimed he was innocent. Someone brought him a car to repair which he subsequently found to be stolen. He admitted he was arrested and taken from Chico to Oakland for trial where he was exonerated.

However, the latest information from Chico appears to be a new charge, “highway robbery.”²

Tuesday, October 14, Inquest: Tanner could not positively identify Collins

Rhoda Tanner, friend of C. H. McQuown, testified Tuesday at a coroner’s inquest. She appeared weak and her head was wrapped in bandages. When they brought Mark Collins into the room, she fainted.³

She told Justice of the Peace George E. Parkin and the jurors she had “a faint recollection her assailant wore a brown overcoat” However, she could not positively identify the suspect as the man who killed her friend and then knocked her unconscious.⁴

She said that about $26 in currency was taken from her purse, but didn’t know how much if any was taken from the body of McQuown.⁴

Sheriff Harries, who conducted the investigation, then took the stand. He described the scene and circumstances surrounding the arrest of Mark and Mary Collins. He told the court that Mary Collins rushed from their shanty to the murder scene shouting hysterically. She was emphatic in the belief that the person killed was her husband. Her actions aroused the deputies suspicion. The sheriff arrested her.⁴

Shortly after, Mark Collins came, presumably, to see what the trouble was. They then detained him also. According to the newspaper article, Collins was arrested at about 9 o’clock Saturday night, an hour and a quarter after the fatal shooting. A short time later, while seated in the sheriff’s office at the county jail, Collins was asked if he knew anything about the murder.

“No, I don’t. I had nothing to do with it,” he answered, “and I hope you don’t get him.”⁴

Collins yielded little information, only that they traveled from Stockton, California to Salt Lake in leisurely stages.⁵ Then on the advice of his counsel, J. H. Bailey, he maintained his right to remain silent.⁶

Embarrassment for the sheriff’s department

In Mary Collins’ testimony, she brought up the incident of the two ten dollar bills a deputy noticed between the curtain and the body of the car after the Collins were arrested and placed in back seat of the sheriff’s car. They both cried foul and said they were being “framed.”

The court recalled Sheriff Harries to the stand to answer the charges. When asked where the money might have came from the sheriff replied: “I know it doesn’t belong to the sheriff or any deputies, they don’t have that much.”

His answer seemed to satisfy the court and proceedings continued. Perhaps it could have been taken more seriously.

It is doubtful the handcuffed suspects could have placed it there. Anyway, Collins would have to be very stupid to return to scene of the crime with the stolen cash. Also, they should have searched him when arrested. I believe it was simply a stupid stunt by someone in the sheriff’s department. Today, 2020, the whole case might have been thrown out of court for such a thing.

However, the sheriff’s reply under oath was completely true. The sheriff or deputies likely would not be carrying $20 which would be about $300 today, (2020). The sheriff did not answer where he thought the money came from. He only replied that it did not belong to the sheriff or deputies. At least twenty-six dollars was picked up off the ground at the crime scene. The money likely belonged to Rhoda Tanner.

Wednesday, October 15, First degree murder charged

On Wednesday, the county attorney filed complaint against Mark and Mary Collins for the killing of C. H. McQuown. The charge is murder in the first degree, the penalty for which is execution by hanging or shooting.⁵

When read the complaint, Mary Collins bordered on hysterics. Her husband, on the other hand, showed little emotion. “He carried himself with the same jaunty attitude, and to all outward appearances, was little affected.”⁶

While Mark Collins is believed to have committed the crime single handed, Mrs Collins is alleged to have known of her husband’s actions, and therefore alleged to be a party to the crime.⁶

Incriminating evidence from Oregon leads to speculation

Just when it seemed the mountain of circumstantial evidence against Mark Collins couldn’t get any higher, another pile came in from Oregon. The automobile they used to come from California to Utah was stolen. The car, identified by engine number, was stolen from Klamath Falls, Oregon on the night of September 27. The California secretary of state’s office notified Sheriff Harries that the license plates on Collins car were stolen from a vehicle in Sacramento, California two weeks to a month ago.⁵

Another telegram from Oregon, authorities said that Mark Collin’s sister, Mrs. C. D. O’Day and her husband mysteriously disappeared from Ashland, Oregon about a month ago. The automobile was taken from near-by Klamath Falls about the same time. This strange coincidence led to speculation which was reported in the media, “Could it be that Collins murdered his sister and her husband?“⁵

When told by his counsel that officers had information that his car was stolen, Collins emphatically denied it. He declared he had another machine which he had turned in for the automobile in question. Collins further said he had a bill of sale.⁵

Thursday, October 16, Possible blood stains

Red stains found in the lining of Mark Collins shoe and on overalls found among their possessions will be examined by a lab to test for blood. The overalls are of a smaller size which would fit Mrs Collins. She is 5′ 4″ while her husband is over 6 foot tall. The lab will also test blood found on the barrel of the 45 automatic. It is believed Miss Tanner was struck with this part of the pistol.⁶

East by north-west

Collins and his wife are alleged to have fled from Chico immediately after a hold-up there.  It is Captain Ayland’s opinion that the couple went north to Klamath Falls and Ashland, Oregon before traveling east to Salt Lake.⁶

Constable S. A. Light of Chico, California is ready to come to Salt Lake at any time to testify as to the reputation of Collins and the alleged robbery on August 31. Constable Light said the automobile they left from Chico with was a 1913 or 1915 light delivery truck with a box on the rear end.⁶

The machine seized when they were arrested in Salt Lake was a touring car with the back of the front seat removable enabling a bed to be made in the car. At about the time the touring vehicle was taken from Klamath Falls, Collins’ sister and brother-in-law disappeared from Ashland.⁶

Collins denied they went to Oregon on their way from California.⁶

Captain Ayland is waiting for more information from Klamath Falls, Ashland, Stockton and Chico regarding Collins and the stolen auto.⁶

Friday, October 17, Harry Chamberlain, witness for the defense

As the grandson of Harry Chamberlain, I can only speculate on his state of mind as he consumed the daily news. It must have been surreal.

He knew what he saw last Saturday evening. His mind captured a clear image of the man seated in the Buick roadster in front of his house. The automobile belonged to C. H. McQuown, the unfortunate man who, at that time, lay murdered a mile away. The exact time was 9:10 pm.

His mind couldn’t comprehend how on earth what he saw connected to what he read in the newspaper every day for the last seven days. The latest headline was no comfort: CRIME PARTNER LINKS COLLINS IN COAST JOB. Leslie Meredith told a California grand jury that he and Mark Collins held up three pedestrians in Chico on August 31.⁷

Nevertheless, Harry Chamberlain knew what he saw, and that the man he saw in the car on October 11 was not Mark Collins.

How did he get into this situation? And why? Harry certainly must have contemplated these questions. He was a witness for the defense. A secret witness for the defense of a man who had already been tried in the press and found guilty. Mark Collins, though never convicted of anything in a court of law, was viewed by nearly everyone as a cold-blooded murderer and possibly a serial killer.

Some in Salt Lake viewed a court trial as a mere inconvenience and threatened violence: “Word has reached Collins in his cell that a secret organization of Salt Lake would met him punishment if he escaped in court.”⁵

Harry hoped and prayed that if Mark Collins was guilty of the murder of C. H. McQuown that he would plead guilty and thus avoid an excruciatingly painful trial.

Saturday, October 18, Arraignment: Mark Collins pleads, “Not guilty!”

A gasp was heard in the little court room as Mark Collins defiantly shouted, “Not guilty!” The tall, youthful man’s vigorous reply to Judge Noel S. Pratt’s plea request shocked attendants and the few spectators who had gathered within the court room. “He spit the fire of his heart into those words.” wrote journalist Walter King.  His answer seemed to stun the court for moments afterwards.

Judge Pratt then turned to his 20-year-old wife, Mary Collins, and asked, “What do you plead, guilty or not guilty”. “Not guilty,” she replied. Though the volume was missing, her eyes flashed as she glared directly at the Judge.

Judge Pratt set the date of October 28 for the preliminary hearing, and adjourned the court.⁸

Thursday, October 23, Mark Collins’ parents visit him in jail

A visit by his parents to the jail on October 22, raised Mark Collins’ spirits. Collins is the only occupant in the first floor, north tier of the jail. The inmates refer to this as “First North”. He was thoroughly happy as his mother and father, Mr. and Mrs. J. D Collins, came down the long corridor to his dreary cell. His face brightened as he hugged and kissed his mother through the half inch bars.

If there is one person in the world who believes Mark is totally innocent, it is his mother. “Mark has always been a good boy and we have never heard of him being in trouble before,” she said.⁹

She did defuse one rumor of which she had first hand knowledge. Mark’s sister, who purportedly disappeared from Ashland, Oregon was safe and sound in California. Newspaper stories had speculated that Mark might be complicit in her mysterious disappearance. “I have three daughters, two of them are in California and the other is with us here”, she told Mrs J. H. Bailey wife of the prisoner’s council.⁹

Since their visit, Mark continually sings and hums as he reads in his cell, and speaks amiably with the guards.⁷  Mr and Mrs Collins gave every indication they were determined to help their son to the extent of their financial ability.⁹

Mary Collins is in the hospital ward. Officers express the belief that she was from a good family. It was learned that her uncle by the name of Girinelli of Stockton was opposed to her marriage to Mark Collins in April, 1923. Since the wedding, she has not been on good terms with her relatives.⁷

Thursday, October 30, Preliminary Hearing begins

The preliminary hearing scheduled for the 28th was postponed to Thursday, October 30. Mark Collins’ parents selected attorney Edward R. Callister to defend their son. Therefore, assistant county attorney Norvel E. Callister, in charge of prosecution, withdrew from the case. They are brothers.¹⁰

Collins’ mother collapses

It was a different Mark Collins that faced Judge Pratt this morning, as the attitude of defiance shown one week ago is missing.  Mary Collins smiled brightly at her husband as she entered the courtroom. They had not seen each other since their arraignment October 18.¹¹

Sheriff Ben Harries came to the stand. Mark listened intently to his testimony.  As Sheriff Harries was telling about the purported admission of Mary Collins that her husband owned the murder weapon, Mrs J. D. Collins collapsed in the spectators’ section of the courtroom.¹¹ Perhaps Mark’s mother had not been following the Salt Lake news papers.

What should be surprising are the words of Mary Collins which were now reported for the first time by the press. The sheriff gave her exact quote under oath. She said: “My God, where did you find it. He said he got rid of it in California”.¹¹

This is much less than an admission of positive identification. If Mary actually was surprised to see the .45 automatic, it means her husband told her that he got rid of it in California and that she had not seen the weapon since they left for Utah. This is exactly what Collins told the sheriff. Her comment only means it looks like the one she thought was in California.

Friday, October 31, Muddy footprints, clean shoes

Deputy Sheriff T. A. Callicott responded to questions about his observation of footprints near the murder scene. The grueling cross examination kept the hundred spectators in a keyed state of interest in Friday’s session.¹² Foot prints purported to correspond to Mark Collins boots were found from the garage along the Emigration creek trail and back.¹¹

When Callicott said that Collins shoes did not carry any unusual amount of mud as might be expected following a rain, E. R. Callister fired another question at the deputy. “What is the difference in condition when seen on Collins’ feet to them now in exhibit?” he asked.

The officer said they have less mud on them now.

When asked if the mud had been scraped of or removed in some manner by the department, the exasperated officer admitted that the shoes were not muddy then and they are not muddy now.¹²

Saturday November 1, Leslie Meredith cannot positively identify weapon

Leslie Meredith, 20, was brought from California to testify in the Collins case. He had confessed to Butte County authorities in California that he and Mark Collins held up three citizens in Chico on August 31. He also said that Collins had carried a .45 automatic.

It was the dramatic moment of the hearing, as Leslie Meredith walked into the court room the crowd “strained their necks” to watch Collins reaction. Meredith nodded as they saw each other for the first time since August 31. Collins acknowledged the nod.¹³

In October, Sheriff Harries carried the weapon and a picture of Mark Collins to the jail in Oroville, California to show to Meredith. According to Sheriff Harries, Meredith identified the picture as Mark Collins and the gun as the one owned by Collins. This was the headline of the Salt Lake Telegram on October 23: “PISTOL FOUND AT SCENE OF MCQUOWN MURDER OWNED BY COLLINS, PAL DECLARED”¹⁰

On the witness stand Saturday morning, however, Meredith could not positively identify the weapon. He said there were no distinguishing marks to positively prove that the weapon found on Harrison Avenue was the same piece Collins carried in California. “I know it was similar, but I cannot say it is the same automatic,” Meredith replied.¹³

Monday, November 3, Mary Collins exonerated

On motion of E. R. Callister, counsel for the defense, the court dismissed the charge of murder in the first degree against Mrs. Mark Collins in connection to the hold up and murder of C. H. McQuown. Therefore, Judge Noel S. Pratt ordered the defendant released from custody.¹⁴

Callister moved to dismiss the case against Mrs. Collins on the ground that the state failed to present evidence of any nature which could connect her with the crime.¹⁴

Army .45 automatic admitted as evidence

The state offered in evidence the army automatic, the cartridge belt and holster, the clips and cartridges found in the vicinity of the crime.

The defense resisted their introduction on the ground there had been no evidence to positively connect the gun or any other of the exhibits as actual property of the defendant, or as the weapons used in the killing.

The court overruled the objection and held that there was probable cause to believe that the exhibits figured in the crime. Therefore, they admitted these as evidence.¹⁴

At the end of the day, Paul Huish, the school boy who found the .45 automatic and holster, took the stand and testified of their finding.¹⁴ The state then rested its case.

My commentary on the news coverage and the evidence

The preliminary hearing proceedings tell us what real evidence the prosecution has to work with.  Journalist Walter King and the Salt Lake Telegram gave us an excellent detailed account of the sheriff’s investigation as it progressed from day to day. However, much of this information was based on speculation, wishful thinking and spin toward the sheriff department’s point of view.

We can now look back to see that many of these leads have crumbled before our eyes. This is the reason we should not judge anyone based news reports.

What were results of finger prints and blood stain tests?

Remember the finger prints on the steering wheel of McQuown’s roadster?

Deputy Goldstein photographed and recorded several distinct prints on the steering wheel and on other items found in the vehicle. These were compared to those of the suspect.² This lead was never mentioned again. In other words, the finger prints did not match those of Mark Collins.

Remember the red stains on the lining of Collins shoes and on some overalls?

They sent the shoes and overalls to the lab to test them for blood stains.⁶ Again, the test results were never mentioned. Apparently, they were not relevant to the case.

What really happened in Oregon?

It was discovered that the vehicle that Mark and Mary Collins drove to Utah was stolen in Klamath Falls, Oregon. Coincidentally, Mark Collins sister, Mrs. C. D. O’Day and her husband mysteriously disappeared from Ashland, Oregon at about the same time.⁶

It therefore seemed obvious that Collins traveled to Oregon and stole the car before coming to Utah. Speculation followed that Collins was involved in a crime spree in Oregon which perhaps included the demise and disappearance of his sister and brother-in-law.⁶

Collins vigorously denied he stole the car. He said he traded in his truck for a touring car that they could sleep in. He further stated that he had a bill of sale to prove it.⁵ He insisted that they did not go to Oregon, but left Stockton and Sacramento, California and came directly to Utah.⁶

Collins was right!

When Mrs J. D. Collins, Mark Collins mother, came to Utah she assured everyone that she had three daughters and that they were all well and living in California.⁹

As for the car alleged to have been stolen in Klamath Falls. Information sent to the sheriff’s office revealed that the car had been purchased, but not paid for, in California. The buyer took it to Oregon. This person was charged with embezzlement. The car was returned to California where Collins traded in his truck for it. This also explains why the vehicle had license plates issued for a car in Sacramento.¹⁰

What was the precise time of the murder?

The exact time of the murder is very important. A firm time of the crime has not yet been established in the court proceedings.

On Monday October 13, the Salt Lake Telegram reported that the murder happened at 7:40 pm on October 11. The .45 automatic and cartridge belt was found on Monday in an orchard on Harrison Avenue. At that time the sheriff expressed his theory that Collins left the murder scene immediately after the crime and drove the car to where the car was found on Tenth East. They timed the trip which took seven minutes.²

The rest of the sheriff’s conjecture comes from the following information:

“Thomas Dee, police automotive officer, left his residence on Tenth East street at about 7:40, the time of the murder, no car stood there. When Dee returned at 9 o’clock the Buick roadster was standing there with the engine cold and the headlights burning.”²

So the sheriff concludes that Collins then dashed from the roadster, fled east on Harrison Avenue where he flung the cartridge belt, holster and pistol into an orchard. He then ran north on Thirteen East to Ninth South where he boarded the south bound 15th East street car. Collins was identified entering the streetcar at 8:10 pm approximately a half hour after the slaying.

The Buick roadster was not found until Sunday morning

Interesting theory. Unfortunately, some of the basis for the sheriff’s supposition appears to be fabricated.

Remember, every available officer was to join in the all-night hunt for the stolen automobile. However, as of 1:30 am Sunday morning the roadster had not yet been located. Are we to believe that Officer Dee, who apparently was part of the investigation, was checking the temperature of the stolen car at 9 pm Saturday night?

Deputy Sheriff A. S. Nicholls discovered the abandoned automobile on Sunday morning .¹³

Could Collins catch the street car by 8:10 pm?

The sheriff’s calculation gives Collins one-half hour to leave the crime scene and then catch the street car at 13th E. and 9th S. This is possible, but it would be difficult.

It took seven minutes, by the sheriff’s calculation, to drive the car from the scene of the crime to 10th East. That leaves Collins 23 minutes to catch the street car 1.2 miles away. Collins is a stranger in Salt Lake, so he doesn’t know where his streetcar stop is, or how to get there. So he runs blindly off into the dark until he finds the street car that will take him south down 15th East.

Motorman Andrew Dewey identified Collins who boarded his car at 8:10 pm and paid in exact change.

Collins arrived in Salt Lake on Friday. They told the sheriff that he was looking for work in Salt Lake on Saturday. The Sheriff took him to Salt Lake so he could show them where he had been. The streets he traveled were very confusing to him, which may be understandable. However, he did remember Liberty Park just before catching the 15th East street car. This is interesting, since his streetcar stop was 6 blocks straight down 9th South from Liberty Park.

The exact time of murder not established

The Salt Lake Telegram on October 13, reported the time of the crime as 7:40 pm. It is a time that will work with Sheriff Harries theory. However, it is only a news report and may not be the official time. The importance of the precise time of the crime seems to be underestimated.

Several times in the media coverage, the time of the crime is implied by comparison with the time of the arrest. The arrest has been consistently reported happening about 9 pm. A literal interpretation of these time comparisons would make the time of the crime between 5 and 20 minutes later than 7:40 pm. For example, the following news report was from the preliminary hearing: “Sheriff Harries testified as to arresting them at the scene of the murder about 9 o’clock an hour after the slaying.“.¹¹

Twenty minutes make a huge difference. If this report is accurate, and the testimony of the sheriff is true and literal, the time of the crime was about 8 pm. If the murder happened at 8 pm, Mark Collins would be about to board his streetcar and could not be the man who killed C. H. McQuown.

Monday, April 6 Trial opens, Mark Collins to face jury

The case against Mark Collins will go before Judge W. M. McCrea. District Attorney E. A. Rogers and Deputy Attorney S. G. Clawson represent the state. Attorneys E. R Callister and Verne McCullough are representing Mark Collins .¹⁵

Mr. and Mrs. J. D. Collins, father and mother of the accused man are present in court. They came from their home in California to be with their son during his trial.

State must prove murder case “beyond a reasonable doubt”

Jury selection for the Collins case is a slow process and was not complete until Wednesday morning. In questioning prospective jurors, counsel for the defense is stressing the provision of the law which requires the state in murder cases to prove “beyond a reasonable doubt” before a jury can return a verdict of guilty.¹⁶

On Wednesday, April 8, District Attorney Rogers gave the Opening Statement describing the crime and the evidence the state had against Collins.

Defense attorney Callister cross examines Sheriff officers

On Thursday, April 9, Deputy Sheriff Joseph Turnbow was cross examined about his testimony of when he found the gun in the alfalfa field. Defense tried to show the pistol was not in operating condition when found.¹⁷

Deputy Sheriff George Knepp testified to finding about $46 in money… “scattered along the road” near the crime scene. Deputy G. W. Carlisle testified of finding two $10 bills hidden in the car near Collins, and of Collins’ claim that they were placed there by Knepp to “frame” him.¹⁷

Deputy Sheriff’s Caldicot, Harries and Carlisle testified to finding the body of McQuown soon after he was killed. Then of the arrival at the scene of Mrs. Collins, “hatless and shoeless”, and soon thereafter, the arrival of Mark Collins.¹⁷

Sheriff Harries was recalled to the witness stand where he spent practically all Friday morning.  Defense attorney Callister questioned the sheriff regarding his testimony of the footprints, and of  fitting those tracks to Collins’ shoes. The defense attorney alleged there was variances between the sheriff’s present testimony and that given at the preliminary hearing.¹⁸

Collins may face Robbery charges in California

J. A. Light, deputy sheriff at Chico came to Salt Lake to watch the trial. He was prepared to arrest  Collins and extradite him to California should he be acquitted. Collins is alleged to have committed  a robbery in Chico on August 31, 1924.¹⁷

Jury visits murder scene

The jury spent Saturday morning at the scene of the murder. Miss Rhoda Tanner described the attack. McQuown asked if he might drive her home from the Newhouse hotel where she worked as a mail clerk. At the crime location, she said that a man commanded them to stop and get out on the east side of the car, but she got out on the west side. She started around the rear of the car when she heard a shot and McQuown fell in the road. She could not identify the holdup man but said he wore a loose fitting brown overcoat and a cap and that he was a little taller than Deputy Sheriff Carlisle.¹⁹

Expert testifies gun gave slugs bore markings

On Monday, April 13 state witness and expert gunsmith William H. Main testified that bore markings on four bullets test fired from the .45 caliber pistol in question matched the markings on the bullet found buried in the ground at the murder site. Defense council disputed the authenticity of such findings.²⁰

State rests its case

The state summed up its case on Tuesday that Collins committed the crime, showing that: 1- Fresh footprints leading to the murder scene were made by shoes Collins was wearing. 2- They found sixty-four .45 caliber bullets in Collins’ camp. 3- Collins appeared on site of the murder, his wet legs indicated he had been running. 4- Mrs Collins appeared at the scene weeping thinking her husband was dead. 5- Collins had a .45 caliber pistol in his possession several weeks before the murder.²¹

Verne McCullough, Assisting the defense answered Mr. Clawson. He said that the state’s testimony and argument was a group of facts interspersed with imagination.²¹

Defense springs a surprise

“The trial took a surprise turn Monday afternoon when Defense Council E. R. Callister did not place Collins on the witness stand to testify in his own defense. The defense rested its case after the testimony of Harry Chamberlain Jr., bank teller, 1431 South Tenth East, and J. D. Collins of Chico California.”

The defendant’s father testified that his son had a .45 caliber Colt automatic last summer, but denied the gun on exhibit belonged to Mark. He said his sons’ gun was new and had his initials M. C. carved in the handle. The gun found after the murder did not have initials in the handle.²¹

Large crowd gathers Wednesday morning to wait for the verdict

The case went to the jury on Tuesday at  5:45 o’clock. After almost six hours of deliberation, Judge McCrea called a halt and sent the jurors to their hotel with the bailiffs.

A large crowd of curious onlookers gathered in the court room early Wednesday morning to wait for the verdict.²² According to hearsay, the jury stood six and six after the first ballot on Tuesday. It remained that way until it was dismissed.

Judge McCrea discharged the hopelessly deadlocked jury Wednesday afternoon at 4:45.²³

“The jury is thought to have paid considerable attention to the testimony of Harry Chamberlain, defense witness, who said that he saw a man sitting in McQuown’s car in front of Chamberlain’s home after the defendant had been taken into custody.”²³

Monday, June 8, 1925 Jury selection begins for second trail

Jury selection began on Monday, June 8. Judge McCrea’s court obtained a full panel of jurors just before noon Wednesday. The jury consists of thirteen men for the first time in the history of murder trials in Utah. A new state law provides for an alternate juror.²⁴

Exercise of peremptory challenges came rapidly Tuesday depleting the venire. The work of filling vacant places in the jury box resumed early Wednesday morning.²⁴

Discrepancies between the two trials examined

Sheriff Benjamin R. Harries was on the witness stand all Thursday morning. Attorney E. R.  Callister for the defense endeavored to show discrepancies between details related by the sheriff in the first trial and those made in direct examination in this trial.²⁵

McQuown’s widow spectator at trial

Mrs. McQuown arrived from her home in Idaho Thursday night and was a spectator in court on Friday. Deputy Sheriff Joseph Turnbow was on the stand most of Friday morning identifying the gun found in a field.²⁶

Court rules out all testimony of bullet expert

A big blow to the state’s case came when the court ruled out all testimony of William F. Main gunsmith. The state relied on his expertise to prove the bullets which killed McQuown came from the army automatic, found nearby in a field, that the state contends was owned by Mark Collins.

The objection raised by defense was based on the contention that the opinions of Main were drawn from mere optical examination of the bullets, and not on any scientific tests or microscopic examination. After losing this important point, the state rested its case and court recessed until Monday.²⁷

Forensic ballistics

The first major case involving forensic ballistics was in 1929, four years later. In the Saint Valentine’s Day massacre, exact weapons were identified by examination of the bullets and cartridge cases recovered from the site. They used a new invention of two microscopes connected by an optical bridge. This solved the challenges of simultaneous comparison. In 1932, the FBI established a forensic ballistic laboratory where the first fire arm identification professional was trained.²⁸

Harry Chamberlain takes witness stand

Harry Chamberlain was on the witness stand most of Monday morning. He testified and answered questions on what he saw on the night of murder of C. H. McQuown on October 11, 1924. Chamberlain an employee of Walker Brothers Bank, is a witness for the defense.²⁹

As he walked home from Movie night at Emerson Ward he saw the Buick roadster standing in front of his place. The exact time was 9:10 pm. Chamberlain declared that he could plainly see a man inside the car.²⁹

“Look at Mark Collins, the defendant, and tell the court, is he the man you saw?”

“No”, Chamberlain answered, “Collins was not the man.”

Chamberlain noted the appearance of the man in the car. He said he was stockily built and wore a black fedora shaped hat. When shown Collins light sombrero, Chamberlain said that was not the hat worn by the man inside the car.²⁹

Chamberlain important to the defense

The state contends that the slayer of McQuown drove the victim’s machine to 1431 Tenth East street, then walked over one mile to where he caught the Fifteenth East streetcar. Collins then returned to his camp and to the scene of the crime where the sheriff arrested him at 9:20 pm.²⁹

The defense, by Chamberlain’s testimony, is seeking to show that it was not Collins, but some other man who killed McQuown. This other man then drove the car to Chamberlain’s place. It would be impossible for the man seen in McQuown’s car at Tenth East at 9:10 to have gotten back to the crime scene by 9:20, the time Collins was arrested there by the sheriff.²⁹

Confirmation of Harry Chamberlain’s testimony

Mrs. Chamberlain testified that her husband left the picture show about 9 o’clock (and walked about two blocks home). And that she also saw the roadster in front of her place when she returned home at 11 pm.²⁹

Mrs. J. L. Korns, 1428 Tenth East street, testified to seeing the roadster driven up in front of the Chamberlain place at about ten minutes to 9 o’clock.²⁹

Closing arguments

District Attorney E. A Rogers argued the case for the state. He stressed the fact that Mrs. Collins, claimed her husband went to town to look for work. A few minutes after the sheriff arrived at the scene, Mrs Collins came hatless and shoeless, and hysterical believing the man lying on the road was her husband. He pointed out that the murder location was in the opposite direction from Collins’ camp than was town.³⁰

Defense Attorney Verne McCullough charged that the state deliberately avoided certain parts of testimony favorable to the defendant, introducing only damaging portions. He declared that the evidence showed that Collins was on the Fifteenth East car at 8:30 and therefore could not be near the McQuown car which witnesses said was driven up in front of Harry Chamberlain’s house on Tenth East about that time.³⁰

The missing witness

The Salt Lake Telegram on October 13 reported that Officer Dee saw the McQuown’s roadster in on Tenth East at 9 pm “standing there with the engine cold and the headlights burning.” He also said, according to the report, that “about 7:40, the time of the murder, no car stood there.”²

I said earlier that I thought this statement was fabricated since the missing car was not actually discovered by police until Sunday morning. The officer certainly should have recognized the stolen car when he was checking the engine temperature at 9 pm Saturday.

I believe the above information was given to the media to enhance Sheriff Harries theory. That is that Collins drove McQuown’s car to Tenth East, then abandoned it. He then ran 1.2 miles to catch at streetcar. The motorman identified Collins boarding at 8:10 pm. If the time of the murder was a few minutes later than 7:40 pm, this would be impossible.

There is no report of Officer Dee testifying about this matter in the preliminary hearing, or in either trial. This strengthens my belief that this would not hold up in court, and the statement was fabricated, which may also include the time of the murder and the time of the arrest. There is no court record available to establish that the actual time of the crime was 7:40 pm.

Every news story reported the arrest time to be about 9 pm. However, in testimonies during the second trial, it turns out the arrest happened at 9:20 pm. I also believe the time of the crime could be much later than 7:40 pm.

A warrant for Collins arrest for the Chico robbery

Mark Collins, his wife, mother and father were sitting in the courtroom late Tuesday afternoon. They were anxiously awaiting word from the jury room. Sheriff Harries asked permission of the court to remove Collins to the jail for a few minutes. He wanted to avoid a possible scene in the courtroom.³¹

During the first trial of Collins, a California officer sat in the courtroom daily with a warrant in his pocket. He was prepared to arrest Collins for charges of highway robbery in Chico California, should he be acquitted. This time, to avoid the expense of maintaining an officer in Utah, California authorities forwarded an indictment and warrant for the arrest of Collins to Sheriff Harries.³¹

Apparently, Sheriff Harries could see the writing on the wall. He arrested Collins on the California charges while the jury was still deliberating in the jury room of the city and county building .

Collins acquitted of murder charge

The jury brought in and read the verdict at 5:55 pm Tuesday after 2 hrs and 45 minutes of deliberation.³²

“Not guilty.”

Mark Collins learned that he must go back to California to face a robbery charge just a few minutes before he learned that the jury had freed him of the charge of first-degree murder.

He was not free. Nevertheless, an expense paid trip to California seemed much better than the alternative.

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Next chapter,  Chapter 26- The Early Life of Ernest M. Chamberlain

To see other stories click here:  Table of Contents. 

Thank you, Dennis Chamberlain

© Copyright Dennis D. Chamberlain, The Chamberlain Story, 2020. Unauthorized use and/or duplication of the written content of this site without express and written permission from the author and owner is strictly prohibited. Excerpts and links may be used, provided that credit is given to Dennis D. Chamberlain and direction to  www.thechamberlainstory.com.

References:

1-The Salt Lake Telegram, Sunday morning October 12, 1924
2-Walter King, The Salt Lake Telegram, Monday evening, October 13, 1924
3- The Ogden Standard Examiner, Tuesday evening, October 14, 1924
4 -Walter, King, The Salt Lake Telegram, Tuesday evening, October 14, 1924
5- Abid., Wednesday evening, October 15, 1924
6- Walter King, Salt Lake Telegram, Thursday evening, October 16, 1924
7- Salt Lake Telegram, Friday evening, October 17, 1924
8- Walter King, Salt Lake Telegram, Saturday evening, October 18, 1924
9- Abid., Thursday evening, October 23, 1924
10- Salt Lake Telegram, Thursday evening, October 23, 1924
11- Walter King, Salt Lake Telegram, Thursday evening, October 30, 1924
12- Abid., Friday evening, October 31, 1924
13- Abid., Saturday evening, November 1, 1924
14- Salt Lake Telegram, Monday evening, November 3, 1924
15- Abid., Monday evening, April 6, 1925
16- Abid., Tuesday evening, April 7, 1925
17- Abid., Thursday evening, April 9, 1925
18- Abid., Friday evening, April 10, 1925
19- Abid., Saturday evening, April 11, 1925
20- Abid., Monday evening, April 13, 1925
21- Abid., Tuesday evening, April 14, 1925
22- Abid., Wednesday evening, April 15, 1925
23- Salt Lake Telegram, Thursday evening, April 16, 1925
24- Abid., Wednesday evening, June 10, 1925
25- Abid., Thursday evening, June 11, 1925
26- Abid., Friday evening, June 12, 1925
27- Abid., Saturday evening, June 13, 1925
28- The History of Forensic Ballistics, Incognito Forensic Foundation, iffab.org
29- Salt Lake Telegram, Monday evening, June 15, 1925
30- Abid., Tuesday evening, June 16, 1925
31- Abid., Wednesday evening, June 17, 1925
32- The Ogden Standard-Examiner, Wednesday evening, June 17, 1925