The Main/Swayne Affair

owing to his high standing in the community. He is a graduate of the University of Washington and is a brother of Judge John F. Maine of the State Supreme Court, and for three years past has been the local representative at Napavine of the David P. Eastman Company of Seattle, in which he was a partner engaged in locating on logged off lands. The families of Maine and Swain have been on the most intimate terms, and the men were rated the best of friends. The love triangle was animated

today by county authorities. While Maine is held in jail in connection with the crime, and all Napavine is trying to solve the strange mystery. The explanation is being suggested that Maine was too attentive to missus Swain. Sheriff Barry, who arrested Maine, declared today that quote there is no doubt at all, unquote that he is the man who killed Swain after a terrific struggle in the grocery store. On the advice of his attorney, Maine is refusing to talk.

County Attorney Herman Allen said today that he had evidence that Maine had been seen in the neighborhood of the grocery store at the time the murder must have been committed. Maine's arrest, which occurred late saturdayday night and was announced Sunday morning, is the most sensational development in the Swain murder case since the grocer's body was found hacked with a hatchet. Sheriff Barry refuses to disclose the alleged motive for the crime or discuss what disclosures led to the

arrest of Maine. Maine, who was an intimate friend of Swain and a pallbearer at the latter's funeral, declares he is innocent. Immediately upon being notified of his brother's arrest. Judge Mayne left Olympia for sehals H E. Donaho, former Deputy Prosecuting Attorney of Lewis County, has been retained as attorney for the defense. The murder of Swain was one of the most brutal ever perpetrated in Lewis County. Swain was in his grocery store last Sunday afternoon working about

four o'clock. His wife and eight year old daughter, who had been visiting a neighbor past the U store, rapping on the door for him. They went home and prepared dinner, telephoning to him at six but receiving no response. After waiting until about nine, missus Swain got Bob Myers, sixteen year old neighbor boy, to take his key and go to the store. Swain was found in the wear room in the rear with his head beaten to a paup.

One blow apparently made with a blunt side of a hatchet on the back of his head, had felled him, following which his head was beaten. In True Crime Historian presents Unsolved, a special edition of Yesterday's News exploring one of history's most baffling murder mysteries. When I started in on episode three hundred and seventy one, I thought It was going to be a salacious story of a CD

sexual situation gone awry. What turned out to be more interesting, I think, is the subplot of the district attorney forced to bring a half bait case to trial in order to avoid the appearance of his own complicity in a rumored conspiracy. I'm true crime historian Richard O. Jones, and for your scandalization and indignation, I give you the main

Swain affair. The Napavine Hatchet murder. January fifteenth, nineteen eighteen, A charge of murder in the first degree will be filed again against Oscar Maine, prominent young real estate dealer of Napavine, in the Superior Court at Schehalis this afternoon. Maine is accused of having brutally murdered fred Swain, Napavine grocer and intimate friend, using a small hatchet to beat

out the grocer's brains. Two Tacoma City detectives, loaned to the Lewis County officials after they had confessed themselves nonplussed over the mysterious murder, have worked up the case against Maine and are responsible for his arrest. These detectives, Charles Brond and Dick Huckaba have been quietly working in Napavine and Schehalis for four days, and they declared today that their evidence against Maine, although of a circumstantial nature, was

utterly convincing to them and to county officials. Additional evidence obtained by these detectives last night, when they were called back to the scene of the crome for further investigation, caused the decision to day to file a murder charge direct in the higher court. Prosecuting attorney Allen refused to divulge the nature of the evidence against Maine, but declared

that many juries would hang men for less. One of the strong points of circumstantial evidence obtained by the Tacomba detectives surrounds the small hatchet which Maine kept in his real estate office. A witness has been found who knew exactly where Maine kept the hatchet. On the morning after the murder, this witness went to Maine's office and says the hatchet was missing. The officers also declare that the murderer, whoever he was, must have been an intimate friend of Swain.

The grocer was alone in his store, his safe was open, and a large bag of money was on the counter. He was making a check of his cash at the time of the murder. The crime occurred in a small office in the rear of the store. Detectives argue that Swain would not have admitted a stranger to his store

while so much money was on display. Swain's murder was one of the most brutal ever known in this section, his head being beaten in with a hatchet or other blunt instrument following an apparent struggle in the rear of his store with his assailant. When found, blood and brains were scattered and spattered on about and under boxes and other parts of the store room where Swain had been working.

His money and other valuables were untouched. Electric lights in the store were flicked off for a short period about the time of the crime. None but a person intimate with the interior of the store could have done this, it is argued because the electric switch was in a corner of the store, hidden away in a place almost inaccessible to anyone who did not know its whereabouts. Strong influence has been brought on county officials here to dismiss

the charge against Maine. Maine has five attorneys, including some of the best legal talent in the state, and it is said that his friends worth hundreds of thousands of dollars are backing the defense, said Prosecutor Allan. I don't care if Judge Mayne, John d. Rockefeller, and President Wilson used their combined influence. I'm going through with this prosecution just the same. Missus Swayin, widow of the murdered man, is in Sehalis at the home of her brother in law,

Abe Kaufman, retired banker. She refused to make any statement for publication. Today, the town of Napavine, two miles from Schehalis, is seething with excitement. This is the first murderer in the town in ten years. The three hundred inhabitants have armed themselves and they look with suspicion upon every strange phase. The town is divided about equally in its opinion regarding

Maine's guilt or innocence. Did Sadie Swain, in her home into the little village of Napavine, count out the minutes during the late afternoon of Sunday, January sixth, in the knowledge that not more than two hundred yards from her home, her husband was being brutally murdered with a shingle axe

in the back room of his store. That is the question being heard here today, and that may play an important part in the case of Oscar F. Maine, prominent young real estate dealer and brother of a state Supreme Court judge. For it is on the theory that a secret love affair existed between Maine and Missus Swain, that the officers who have been gathering the evidence claimed to find a motive for the murder. Here are the alleged events of the fateful Sunday evening on which authorities based

their suspicions. At four o'clock, Missus Swain and her little daughter pasted the Swain grocery store on the one business street of the village, rapped on the window, and waved at the husband and father as he sat working inside. They went along home. At six o'clock, Missus Swain telephoned the grocery store and received no answer. It was not until nine o'clock that she finally sent Bob Myers, a

delivery boy, to the store. He returned with the report that Swain had fallen off a bench and had hurt himself. Call a doctor. Missus Swain is declared to have told a maid in her home she did not go to the store to see how badly her husband was hurt, the officers declare, and was not until midnight that she learned Swain was murdered, chopped with an axe, almost beyond recognition. She did not even see her dead husband until the

next day. In the Morga schehalis, according to the evidence in the hands of Prosecutor Herman Allen, what was the reason for the apparent indifference. Was it fear of the sight of the blood stained room and her husband lying there? Or was there something more? The eternal triangle mystery has absolutely exploded, emphatically, declared Maurice Langhorne of Tacoma, one of the best criminal lawyers in southwest Washington, who was defending Mayne when he was ar reigned before Justice of the

Peace Westover, Maine, said, quote, they have absolutely nothing against me. Unquote. Maine has a wife and two children, a boy of nine and a girl of seven, his wife being related to a well known Seattle family. Maine's pretty young wife, Virginia, a former Seattle girl, said quote, we and the Swains always have been the best of friends, All of our

interests were the same. Yet in spite of these strong denials, the officers claimed to have definite evidence that the old eternal triangle was there, plunging the two young couples along toward the tragic end. They claimed to have evidence that Maine and Missus Swain spent Christmas together in Seattle, while the murdered man tried to make Christmas a happy one for his little daughter in their napavine home. Missus Mayne's faith in her husband and her belief in his innocence

as strong. As she talked to him last night in the Sheriff's office and to the reporter who met them there together, she smiled complacently, yet her face was drawn and pale, and she seemed to smile through tears. You see, I'm prejudiced in favor of the prisoner, she said. She spoke of her two children, a girl aged nine and a boy aged thirteen, with pride and yet with half hidden grief at the sudden tragedy that had come upon them. I have nothing much to say except that I know

my husband is innocent. I can't understand why so much has been made of our intimacy with the Swains. A year ago September, both of our families moved to Napavine. We were all strangers then, so we naturally fell in with each other and became the closest to friends for a time. We even lived in one home together, using each other's furniture. Of course, we were intimate, but there was nothing wrong with that, was there? Missus Swain and

I always have been close friends. And Yet, contradicting this frank statement, detectives working on the case claimed to have proof that there had been trouble between the two families for some time, that Swain had made threats against Maine, although there had been an apparent reconciliation shortly before the murder.

Just what happened along the one business street of Napavine, with its three small stores and scattered gray cottages during the brief fifteen minutes, the minutes between five pm and five point fifteen on that Sunday afternoon, On those fifteen minutes, after all, depend the freedom and good name of Maine and the happiness of his dark haired wife and his two children. With Prosecutor Allan keeping strict silence, and with Maine's attorneys failing to find any indication of his guilt.

The evidence appears to be purely circumstantial, if not absolutely flimsy. It is known the state has at least four witnesses, one of them a woman and another a boy, who claimed to have seen Maine within a few minutes of the murder, the hour of which is placed by the officers at five point fifteen pm. Maine's real estate office is only a short block away from Swain's grocery store

where the murder occurred. There is one witness for the state who claims to have seen Maine talking nervously to two men in front of his office at five o'clock, another who claims to have seen Swain walking hastily toward the grocery store at five ten, another who claims to have seen a light in the store go on then off again, and a boy who claims to have seen Maine walking from the store back to his office at

five point twenty. Could the terrific struggle in the store, the felling of Swain in the struggle, then the final blows with the acts have taken place in so short a time impossible save the defense attorneys. On the other hand, Maine claims to have a complete alibi. He had out all afternoon looking over some logged off land. He says, at five o'clock he returned to his office and had

a conversation with two men there. At five point twenty, he claims, Missus W. W Emery, wife of the owner of one sawmill in Napavine, came into the office from the train to telephone her husband. Missus Emory declares Maine showed no signs of excitement, that there were no blood stains on him, and that there was nothing unusual about

his appearance. Where were the blood stains? There have been rumors today that a bloody coat and axe have been found at Napavine, but so far there has appeared to be no foundation for that, said Supreme Court Judge Maine at the arrangement last night. Quote. Look at that coat that Oscar is wearing. That is the very suit he was wearing at the time he is alleged to have committed the murder. This arrest is the most outrageous thing

I've ever seen seen in all my experience unquote. January sixteenth, nineteen eighteen, following the filing of an information charging him with murder, in the first degree. Oscar R. Main entered a plea of not guilty in the superior court. His bail was fixed at seven thousand dollars, and on this being furnished by his friends, he was released from the Lewis County Jail, where he has been held since his arrest. Prosecuting Attorney Allen declared he was satisfied with the amount

of the bail. Missus Sadie Swain, wife of the murdered man with whom official say Maine has been infatuated, was endorsed on this information as one of the state's witnesses. Abe L. Kaufman, her brother in law with whom she has been living in Schehalis since Swain's murder, was also endorsed. He is a prominent citizen in Schehalis and is said to be one of the state's chief witnesses, intimately knowing

Missus Swain's affairs. The information against Maine charges that wilfully and with premeditated design, he struck and mortally wounded Swain with an instrument having one sharp edge and one blunt edge. Maine gained his freedom from jail exactly at noon after bail had been furnished Oscar r Main ate two big

pieces of pumpkin pie for dinner. He joked over the telephone, and he played a concert on the Victrola in his home Sunday evening, January sixth, within an hour after the time his friends, Fred Swain is declared to have been murdered with an axe in his nearby grocery store. Sadie Swain, for the love of whom Maine is declared by authorities of Lewis County to have brutally murdered. Swain was not indifferent when she heard the report that her husband had

been heard. She was completely stunned by the news that he was dead, and she sobbed and heartbroken, abandoned at the bedside of her daughter. When officers came to take his body away, she begged in vain to be allowed to see him. These were the two outstanding statements of Missus Virginia, Maine, when for the first time she told a reporter her complete story of the events as she saw them on the fateful Sunday evening when Swain's body

was found hacked with an axe almost beyond recognition. If there is one person who can win the freedom of young Maine. When he faces a jury, it will be this rather small woman with dark hair, a pale face, and an everlasting so And if there is any one person who can clear the good name of Missus Sadie Swain be clouded by the events which followed the tragedy, it will be this same little woman, who appears to hold no grudges, and whose whole makeup consists, it seems,

of an inexhaustible faith. Missus Oscar Maine, without doubt, is the most commanding figure in the tragic mystery which has stirred this little village of logged off lands to its depths. While evidence is being woven into a net of circumstance by detectives and sheriffs, while the small village gossip's tongues are wagging, her faith remains unshaken. She believes in her husband.

She believes in the other woman, who they would have her believe was the cause of the tragedy which has brought the dark circles about her eyes and the first lines of sorrow on her young face. While Missus Swain, at the home of her brother in law A. L. Kaufman and Sehalis remained silent missus Swain today told all she says she knows of what happened on that Sunday evening.

Sitting in the cheery room of her modern bungalow at Napavine, she told her story with remarkable frankness, as if she was glad to have it told, even if the telling of it was agony. She told it, she said, to help her husband and to clear the name of her friend. When she tells it to the jury, it may be the one thing that will save her husband, for it is the biggest piece of testimony that the defense has

or can produce. Quote. Early that Sunday afternoon, Sadie asked me if I would like to take a walk with her and her daughter to the Emery mill, where she was going to return a book her child had been reading. I told her I couldn't go as my little daughter was not dressed. They went on toward the mill. About four o'clock, mister Mayne came in and asked me if I did not want to go for a ride in our car, as it was a knife afternoon and I

had been ill all week. I told him I was unable to go as our little girl was not dressed. My husband then went away, coming back some time later in the afternoon. I could not say exactly what time it was, but we had finished dinner by six o'clock. I remember he ate two big pieces of pumpkin pie. That doesn't sound like the doings of a man who had just murdered someone, does it. There was absolutely nothing unusual about his appearance. Do you want a little concert,

he asked when we finished dinner. I told him I did, and I lay down on the couch while he played the Victrola. During this time, we heard the telephone bell ringing frequently. You see, we're on a party line, and when someone puts in a call, the bell rings in our house. Someone must want a bill of groceries. Pretty bad, remarked my husband. I believe now that those calls were being made by Sadie, trying to locate her husband, who

had not returned home. About seven o'clock, Sadie called us up and wanted to know the telephone number of the pool hall. Mister Mayne, who answered the phone, said he didn't know. He turned to me questioningly. It is number so and so I told him I had to look it up. When I called you there last week. My husband turned to the phone and laughingly told Sadie what I had said, giving the number. It was about nine o'clock when Bobby, the delivery boy, came up to tell

us that Fred Swain was hurt. Mister Maine and mister Colson, who worked with him in the real estate office, immediately went down to the grocery store. Soon mister Colson called me up and told me mister Swain was dead. I set out at once for the Swain home to break the news to Sadie if I could. There, I found that she, learning from Bobby that her husband had been hurt, had prepared a bed in hot water, and was waiting

for him to be brought home. I couldn't bear to break the news, and I didn't tell her the truth for some time. Sadie kept saying, over and over, Oh, why don't they bring him up here? Why do they leave him lying down there on the hard floor. Why don't they bring him home? I've got everything ready for him. It was all too cruel. So at last I told her that mister Swain was dead. She was stunned. She refused to believe it. It can't be true. I know it can't, she said, again and again. She insisted on

going to him at the store. Perhaps he isn't really dead. Perhaps I can do something for him, she cried. No, I told her he really is dead. Doctor Pettitt and the coroner have been there. As long as I had any strength left in me. I wouldn't let her see him the way he was at the morgue the next day. I wouldn't let her see him. I wanted her to remember her husband as he had been. After a time, Sheriff Barry came and Sadie talked to him for some time.

She probably controlled herself and talked calmly to him. She didn't want to make an exhibit of herself any more than any other self respecting woman would. After the sheriff left, Sadie went to the room of her little daughter, Marjorie. She buried her face in the child's bed and sobbed as if her heart would break. Oh, don't wake her, don't wake her, she cried. I can't tell her that her daddy is dead. I can't tell her. By this time,

missus Swain was on the verge of collapse. I made her put on her coat and walked her up and down the porch. Her knees were so weak that she almost fell. A little later, missus A. L. Kaufman arrived about one o'clock, I think, and took her to Sehela's. Are these the actions of a woman who was cold and indifferent to the death of her husband? Said Missus Maine, indignantly, concluding her story, the story that may mean freedom to

her husband. Scoffing at the contention that Maine was infatuated with Sadie Swain, Virginia Maine explained away the evidence the state claims to have that they spent Christmas together in Seattle and that Missus Swain left her husband and daughter during the holidays. Quote, well, it is true that they were in Seattle, but I was there too. Sadie and I went to Seattle this Saturday before Christmas and were gas at my aunt's house for a week while Sadie

was having an ulcer and her tooth glanced. My husband came to Seattle Christmas Eve and stayed until Thursday. Sadie and I went back to Napavine on New Year's Eve. Of course, mister Swain was sorry not to have his wife for Christmas, but he felt it was a necessity for her to have her tooth treated. He and their daughter spent Christmas in Sehealas. I know that the people in Napovine have talked and gossiped about me, just as they have talked about Missus Swain. But it makes no

difference to me. You see, we came here from the city with city standards and customs. I know the people here have criticized the good times we four have had together. I know they criticized when Missus Swain would ride in the front seat of the auto with my husband and I would ride in the back seat with mister Swain.

But my conscience has always been clear unquote. She declared Maine and Swain always were the best of friends, and that there were no quarrels as far as she knew, and I certainly would have known had there been any trouble, they were always together.

a thick fog, penetrating into every damp corner. On the surface, the buying and selling the little affairs of the village appear to go on as calmly as they did before the Sunday evening, when the mutilated body of Fred's swain was found in the rear room of his grocery store. The trains go and come as usual. The children still pour out of the small red brick schoolhouse across the street from the home of Oscar R. Main, But it is like the calm un concern of a man suspected.

Napavine's nerves are on edge and are likely to break down at any moment. As you walk across the street, Napavine's businessmen, bending over their work, glance at you darkly out of the corners of their eyes go into their stores and chat with them about their town, about the amount of rain that has fallen, about what time the trains leave, or about almost anything. And they are genial hosts, but drift into the subject of the bloodstained grocery store

of Fred's Swain, and most of them are dumb. A stranger is a suspicious person in Napavine. Take for instance, that small but important question of how Oscar Main acted on the day of the funeral of his best friend Swain, at which he was pawbear. Was he nervous and excited or did he act natural? It is declared the suspicions of the officials were first aroused at the funeral. One would think that the Napavinites who were there could answer

these questions. Cashier Stone of the Napavine Bank is a short, nervous little banker with an eagle eye. His bank is close up to Maine's office. He was at the funeral. Would he talk about it? I should say not. He snapped, his eyes blazing the idea of you coming in here and asking me such a question. W. W. Emery is one of the leading citizens of the village. He is the owner of the Emery Sawmill and a close friend

of both the Mains and the Swains. A genial sort of man, he is with a blunt, decided way about him. With Maine, he was one of the pallbearers at the funeral. Would he talk? Sure, you can ask me any questions you want to, but I won't tell you anything time comes to talk when the trial comes. I don't know anything about the talk and gossip around town. All I'll say is that I'll do my best to help mister man out when the time comes. Say are you thinking

of going over there and talking to missus Emery? He called out as an after thought. I just wanted to know, because I won't allow you to. And you could see by his looks that he wouldn't have allowed it either. Abe L. Kaufman, at whose home in shahalas Missus Swain is staying, was at the Swaying grocery store taking charge of the stock. He opened the door of the store part way and placed his massive body in the opening. He was good natured, but mom down in the pool

hall by the station. The proprietor, with elbows propped up on the counter, had his face buried in a book with placid unconcern. He looked up for an instant. I don't know a thing about it, he said, and went back to his reading. Small ranchers and mill workers drifted in and out of the pool hall, making purchases of tobacco plugs and soda pop. Well, I guess this fellow mane will go free, ventured one of them, not noticing the stranger warming his feet by the stove in the

back of the room. Too much money in it, the pool hall proprietor grunted. Then a silence he could cut with a knife fell over the place. Not that Napavine isn't interested in the unfolding drama that is being talked about for the first time in many years, it is almost morbidly interested. As the bundles of newspapers are dropped off of the incoming trains, they are snatched up eagerly. After train time, children, men and women can be seen walking slowly along the main street reading every word in

the printed columns. After school is out, little groups of boys and girls can be seen peering through the windows of the Swain grocery store. Napavine is all on edge, wondering what will come next and Napavinites or whispering gossip

about one another behind one another's backs. A deep well at the back of the Swain grocery store at Napavine may be searched by officers in an attempt to find the bloody shingle axe with which Fred Swain was murdered in the rear of his store Sunday afternoon, January sixth. This was learned today following a positive statement from Sheriff Barry that the axe which the murderer had used had

not been found. Though officers have made a thorough search over every foot of ground in the vicinity of the crime, The well back of the Swain store is regarded as a likely hiding place for the weapon. Just how deep this well is nobody seems to know. If the search is made before May fifth, the day Young Maine must stand trial for the murder, it will probably require a diver to recover the weapon if it is there, unless

the well can be pumped dry. The character of the weapon used, officials declare, bears out the theory that the crime was premeditated, as Swain had no such axe in his store. Also, a hatchet which belonged to Swain was found in its accustomed place. When officers examine the store after finding Swain's body, there were no bloodstains on this hatchet, and it was apparently too dull to have made the

gashes in Swain's head. New interest was added to the axe hunt today with the assertion of officers that Maine has admitted he had an axe with him during the Sunday afternoon before the murder occurred, but that he does not know where it is now. It was also learned today that the defense has had eight private detectives working day and night in Sehalis and Napavine since last Sunday night trying to work up a clue that might absolve Maine.

Two of these detectives from Seattle, it was understood, have been receiving twenty five dollars a day for their work. That their efforts so far have been in vain was indicated when it was learned that on Tuesday afternoon, before the information against Maine was filed, Prosecutor Allan told these defense detectives that if they had any definite clues which would show guilt of any other person, he might drop

the prosecution. Charges by Maurice Langhorne, attorney for Maine, yesterday that Sheriff Barry himself was infatuated with Missus Swain and for that reason was anxious to get Maine in jail. Or laughed at by the sheriff. Today, Langhorn is likely to say anything, he said, and indicated that the charges were made only to create prejudice in the county against

the officers who worked up the case against Maine. Tacoma City detectives Brond and Huckaba likewise ridiculed Langhorne's charges that the detectives had broken into the main home last Monday, said Detective Brown, we would be fools to do such a thing without a warrant. Sheriff Barry, it was reported today, was in favor of refusing to release Maine from jail on any bail, and was only on an order from Judge Reynolds that he gained his freedom on a seven

thousand dollars bond. As it is very unusual for a man charged with murder to be released on bail, it was animated that strong pressure had been brought to bear to obtain Maine's release. That there will be no inquest over the death of Swain as the announcement of Coroner Edward Newall He said as the room in which Swain's body was found had been so disturbed when he arrived

that clues had been obliterated. Free for the first time since his arrest last Wednesday, Maine is in Napavine today with his wife and two children, Sehelis Washington, March second, nineteen eighteen. Sensational evidence, which so far has been kept a close secret, is likely to be sprung by prosecuting Attorney Allen when the trial of Oscar R. Maine for the murder of his friend Fred Swain begins Monday. When asked today if he had any surprises to spring, prosecuting

Attorney Allan said, I don't know that. All depends on how much the other side has found out they've been right on the job. Attorney Maurice Langhorne of Tacoma, who is to direct the fight for Maine, arrived here last night and is preparing for the opening of the t Judge Maine also is here to assist his brother in every possible way. He declares he believes thoroughly in Oscar's innocence. Prosecutor Allan believes there may be some considerable difficulty in

getting a jury to try the case. Quote, almost everybody in the county knows of it. Unquote, an extra veneer of jurymen has been summoned. March fourth, nineteen eighteen. The fight for the good name of a woman who was born here and who lived all her life in this county was fully as much the center of interest as the battle for the freedom of Oscar R. Main, when the trial of Maine on the charge of murdering his friend Fred Swain, began before Judge Reynolds in the Superior

Court here this afternoon. On the testimony of Missus Swain, wife of the murdered Napavine groceryman, is expected to depend largely the fate of the brother of Supreme Court Justice Maine in the bitter fight to break down the web of circumstantial evidence which Prosecutor Allen and his officers have been building. Missus Swain, who has remained in practical seclusion since the arrest of Maine, has been endorsed as a

witness for the state. What the prosecution hopes to bring out from her testimony tending to show the guilt of the man who, it is claimed had been unduly attentive to her still remains a mystery in all her statements, and she has continually sought to avoid publicity. Missus Swain has expressed her belief in Maine's innocence of the crime which has stirred this county from one end to the other.

As a preliminary to the opening of the trial, the court this morning granted the motion of Prosecutor Allan to be permitted to endorse twelve more witnesses for the prosecution. The defense is said to have more than forty witnesses. Because of the interest which the case has caused throughout the county, the task of picking unbiased jurymen will be

a long one March fifth, nineteen eighteen. We will show that Oscar R. Main and Missus fred Swain took auto trips together, and that Mayne visited Missus Swain while her husband was away. We will also show conditions where such that Maine and Missus Swain both were talking of getting

divorces only three weeks before the murder of Swain. These were the startling disclosures promised by prosecuting Attorney Allen here today in his opening statement to the jury, which is to decide the fate of Supreme Court Justice Maine's younger brother on trial for the murder of his friend at Napavine.

January sixth. The many spectators and Judge Reynolds's courtroom here were held in breathless expectancy as the prosecutor at the opening of the trial outlined the circumstantial proof which the state has to offer to show Maine's guilt. Quote, we intend to prove that relations between Fred Swain, murdered Napavine merchant, and Oscar Maine, charged with the crime were strained, the

prosecutor began. We will show that Maine had caused trouble between Swain and his wife due to intimacy between Maine and Missus Swain. The state will show further that Swain and Maine had serious trouble in which threats of shooting were made, that Maine was seen entering Swain's grocery store

just before the murder and was seen leaving later. Attorney Maurice Langhorne of Tacoma, who is representing Maine, declared today the defense will show that the alleged intimacy between Maine and Missus Swain was business intimacy, and that Maine was handling the Red Cross and Liberty loan work among men while Missus Swain was handling it for women. This brought them together often, he declared. Langhorne said he would prove conclusively that Maine and Swain were close friends up to

the time of the murder. Also, he said he will furnish an alibi by showing that Maine was in his office at the time the crime was committed. Quote. The defense will prove that Swain had the utmost confidence in Maine, having trusted the care of his wife to Mane. Two days before the murder unquote. Maine sat beside his attorneys and watched with keen yet cool interest in the selection of the twelve persons who would decide his fate. Not once did he show any signs of disturbance or anxiety

or uneasiness. Behind him sat his wife, a well dressed young woman, and his brother, Supreme Court Justice Man, who came down from Olympia to sit through the trial. In examining witnesses, prosecuting attorney Allen questioned a considerable length on the feeling of each successive veneerman towards circumstantial evidence. Suppose he said in nearly every case that all the evidence presented in this case by the States should happen to

be circumstantial instead of direct evidence. Would you hesitate about convicting the defendant if the evidence given was such to convince you beyond a reasonable doubt that he is guilty. The usual answer was no. Some of the veneermen, however, said the circumstantial evidence would have to be convincing before they would vote for conviction. The attorneys in the case, contrary to expectation, selected a satisfactory jury in exactly four hours.

Only twenty four vaneermen were used in getting the required twelve jurors. The state used all its challenges, while the defense accepted the jury while its still had two challenges left. Only five veneermen were excused by the court because of having formed opinions or having prejudices against circumstantial evidence. Four women and eight men will decide the fate of Oscar Maine. The jury, after being accepted, was sworn in, and after being told to be on hand to start the trial

at nine o'clock this morning, was excused. They were taken in charge by a bailiff and presented in a lonesome appearance as they sat in a corner of the sitting room of the Saint Helen's Hotel, segregated from the rest of the guests. March sixth, nineteen eighteen, the State today started to weave its web of circumstantial evidence in the

murder trial of Oscar Maine. Owing to the congested condition of the Lewis County Superior Court room, Judge Reynolds ordered the isles cleared when the main murder case was called. The room is small, and the result of the order was that many were obliged to retire and went home unable to gain admission. After the jury had visited the scene of the crime at Napavine early yesterday afternoon, five witnesses for the state were examined, out of a total

of thirty four who have been subpoenaed. The first witness to enter the box was Robert Myers, a sixteen year old boy who drove the delivery car for Fred Swain and conducting the grocery business. Told of finding Swain's body in the rear of his store, and how later he went to Main's home and asked him to go to the store. Meyers testified. When Maine saw the body, he

declared an undertaker was needed worse than a doctor. Myers related how on the evening of the murder, about nine o'clock, Missus Swain called his home and asked that he go to the store to see why Fred did not come home. Myers and a companion, Bob Evans, went to the store and found Swain's dead body. They hurried to Missus Swain's home, where they told her that Fred had been hurt, calling

a doctor and R. B. Patterson, a druggist. Myers and Evans then went to Oscar Maine's home and asked the latter to go with them to Swain's store, telling him that Swain had been hurt. On the way, they met John Coulson, who accompanied the party to the scene of the tragedy. Myers unlocked the store and all entered. Herbert Myers, a younger brother of the witness, soon arrived, and shortly afterward doctor Pettitt, who pronounced Swain dead and telephoned immediately

for Sheriff John Barriet and Coroner Newall. When Sheriff Barry and Coroner Newell arrived, they made an inspection of the premises. Safe and valuables of various kinds were found intact, and so far as the witness could see, nothing in the store had been molested. Myers had previously left the store between twelve and one o'clock. On cross examination, Myers admitted that Maine was not often about the store, but that he and Swain were often together, especially in company with

their wives. The witness admitted that it was after Maine saw the dead body of Swain that Maine remarked that an undertaker was needed instead of a doctor. Myers unlocked the store and all entered. Herbert Myers, a younger brother of the witness, soon arrived, and shortly afterward doctor Pettitt, who pronounced Swain dead and telephoned immediately for Sheriff John Berry at Schehalis and Coroner Newell. When Sheriff Barry and Corner Newell arrived, they made an inspection of the premises.

The safe and valuables of various kinds were found intact, and so far as the witness could see, nothing in the store had been molested. Myers had previously left the store between twelve and one o'clock. On cross examination, Myers admitted that Maine was not often about the store, but that he and Swain were often together, especially in company with their wives. The witness admitted that it was after Maine saw the dead body of Swain that Maine remarked

that an undertaker was needed instead of a doctor. Bob Evans, the boy companion of Myers, told practically the same story. Evans said that Maine remarked, when it was suggested that the sheriff be called, that he didn't see any sense to that. On cross examination, he said Maine suggested calling the coroner. Doctor Pettitt, who was called, testified that Maine was with him when the examination of Swain's body was made.

Doctor Pettitt said that when he entered the store, Maine told him Swain had been taking inventory and had fallen off off a box, striking his head. Pettit declared such an accident would have been impossible. He said that life had been extinct for several hours when he arrived. Quote Maine said, he called the coroner and the undertaker. I told him you'd better notify the sheriff, as this was a suspicious case. He told me to do it myself,

as I was nearer the phone. Un Pettit said, Main asked him if he'd ever treated Swain for heart disease. On cross examination, Pettitt admitted Main did not appear unduly nervous. Doctor Pettitt testified that he found a cut over the man's right eye from the temple to the bridge of the nose, three or four inches long, which had gone through the skull to the brain, apparently made by a

sharp edged instrument, and with little blood on it. Another wound, a little higher, he said, ran from the center of the forehead and was apparently made by a square edged instrument, this one being more of a surface wound. On top of the head was another wound three or four inches long, apparently made by a dull edged instrument, the bone being shattered. At the base of the skull was another wound which had apparently been made by two blows, one with a

sharp edge, the other with a doll one. The wound over the eye was the last given. Apparently. The wounds were apparently made with an axe of some kind. Doctor Pettitt said he admitted that Maine had told him that Swain had fallen before he told him of Swain being murdered. Sheriff Berry testified to being called the Napavine by doctor Pettitt,

who told him that fred Swain had been murdered. Sheriff Berry testified there was evidence of a struggle in the back room, one box lying over a pool of blood, evidently having fallen there or been designedly placed there. On cross examination, he admitted that the bag in the safe contained seventy dollars was secreted in such a manner that it might have been overlooked in a hurried search. Other drawers in the safe were opened, he said, though nothing

was scattered about the floor. The cash drawer stood open with about two dollars in cash in it. C. P. Lloyd of Napavine testified that a year ago he saw a shingle hatchet in the woodshed of the main home he worked for Maine in January nineteen sixteen in the latter's woodshed, and claimed that at that time Maine had a small hatchet such as menus and lathing houses. Lloyd testified that on the evening of the murder, he and W. P. Jones were together near Main's real estate office in Napavine.

Jones had a heavy box he had been carrying and Lloyd suggested that he leave it at Maine's office till the next morning. Lloyd said Maine was standing in front of his office, apparently watching all sides of the streets, that Maine went in and out of his office three or four times, and that he seemed rather excited. The three men met in front of the bank and asked Maine if they could leave the box in his office.

He agreed, and they took it in there. As they came out the door, Maine met them at the front of his door, though he had previously passed him on his way toward the railroad. While they were talking, he testified, Maine said he must go and went down to the railroad track. Lloyd's son, Paul, aged twelve, was with him, and they went to the depot to a way to train at five twenty pm, on which Lloyd's daughter was expected.

The lights in the Swain's store were on about five o'clock when the party returned from the depot between five twenty and five thirty. His remembrance was that the lights were off. The son, Paul Lloyd, had, however, meantime, left for home several minutes before train time. Paul Lloyd testified he left his father prior to arrival of the train. At the confectionery store, he said he bought some candy.

He claimed that when he first passed Swain's store that light were on, but that when he repassed on his way home, the lights were off. Further examination revealed the fact that the witness was in front of the swain Store when the train arrived. In an effort to break down Lloyd's testimony that he and Jones had seen Maine on the main street of Napovine on the afternoon of the murder, the defense put him through a rigid cross examination.

He stuck to his story emphatically. His son was also giving a grilling examination, as he had testified that he was with his father and Jones the afternoon of the crime. Robert Hodge, who lives back of the Swain's store, told of having seen Maine enter the store on the day of the crime. Quote, I was working in my backyard when I saw Maine standing on the corner near the store. I saw him walk around the store and enter from a back door. This door leading into the rear room

in which the murder occurred. On cross examination, and Hodge said that he had seen two men near the store. Examination on this statement was not extended for some reason or other, and explaining why he had not told anybody about seeing Maine enter the store, he testified that he was afraid that if he did tell that Maine would come over and murder him. Quote, A man came on my porch the Wednesday night after the crime and liked to scare me to death. I did not open the

door because I was afraid unquote. The defense contended that Hodge, and relating the story of what he saw, made no mention of Maine until a few days ago. Before that time, he merely stated when questioned that he just saw some man enter the back door on the afternoon of the crime. He admitted having told attorneys for Maine about ten days ago that he knew nothing of the crime or anything pertaining to it. On cross examination, he became badly confused

and said he saw two men. He denied it was three weeks before he told anyone that the man he saw was Maine. Philip Wagner and Jennings Linhardt testified that at about five fifteen they saw Maine coming from the direction of the Swain store. He spoke to them, they said. The testimony of A. L. Kaufman was admitted after a bitter legal fight. Abe Kaufman told of having warned Maine

and Missus Swain to discontinue their attentions toward each other. Quote, I heard of a quarrel the Swain's hat, and I called Maine to my office one day and told him he was the cause of the trouble and that he'd better cut out his attentions to Missus Swain or there would be a shooting scrape and he would be in on it. He promised me he would cut it out. He said he and Swain were good friends. Swain never told me himself that Maine had anything to do with

his domestic troubles. It was only my idea of what was wrong. I also cautioned Missus Swain, who was the sister of my wife, and she said she was straight and that whilst he thought a lot of Maine, there was nothing wrong in their relations. From Attorney Langhorne, did you not accuse Missus Swain of criminal intimacy with Mayne? Answer? I did not. Kaufman admitted that Swain had been drinking on one occasion when he and his wife had a quarrel.

Langhorne asked, you and Swain often drank, didn't you. Kaufman admitted we had something to drink once in a while. Question have you been drinking today? Answer? I have not. He testified that mister Maine had come to his house several times for Missus Swain. Felt Shundon, sixteen years old, told of a quarrel and threatened murder in the Swain family which she overheard last November while she was employed

in the Swayin home. Quote. Mister Swain started a row because Missus Swain had come from sche Halis with mister Maine and had left Swain alone in sha Halas. Words became hot and Missus Swain threatened to leave and go to the main house and stay that night. He told her that if she did, she would never get back alive.

Fred Swain was very mad that night. Unquote. On cross examination, she said she did not hear Missus Swain tell her husband that she had waited a long time for her husband and daughter in Schehalis and that they failed to appear before returning home with Maine. She said that was the only time she ever heard them quarrel, and that on numerous occasions after that, the Manes and the Swains were together at parties and dinners and other social functions.

The testimony of Charles Braund and J. W. Huckaba Tacoma detectives related to Maine's nervousness when they interviewed him a few days after the murder. Detective Braun testified that a few days after the murder he had a talk with Maine. Maine told him he would aid him in getting some evidence. Quote. The next day I went to the office to see him, and he appeared nervous. In writing out a receipt for a man, he made two mistakes and had to tear

up this receipt and write another. Charles Braun was used as a witness to tell of the disappearance from the main woodshed of a shingle hatchet, which C. P. Lloyd testified was in the shed when he worked for Maine a year ago. I made a search of the main premises a few days after the murder, said Braun, and saw nothing of the hatchet. Sheriff Berry testified that the wounds which caused Swain's death apparently had been inflicted with a hatchet. Detective Braun told of having made a wide

search for the weapon without success. R V. Klaunch told of having seen Swain in Maine and Swain's store four days before the tragedy. Quote they talked in a manner that looked as though Swain was agitated or disturbed. I would not say they were quarreling. Unquote. RB Patterson, a druggist at Napavine, told of Martin coming into his store while detectives were working on the murder case and asking

him what the sleuths were after. He said this question was asked during a conversation on the subject of Red crosswork in which both he and Maine were working. It is expected the case will not be finished before the end of the week, as the state has thirty four and the defense has about fifty witnesses to examine. March seventh, nineteen eighteen, the Main Swain murder trial is drawing to a close, but interest continues unabated, and another large crowd

filled the court room at the opening. With the state's chance to uncover alleged skeletons and the Main and Swain families gone, the defense of Oscar Maine, charged with the murder of Fred H. Swain opened its case. An effort was made by the state to get Sheriff Barry to tell of the time when Missus Swain complained to him about her husband and ask some advice about a divorce, but Superior Judge Reynolds ruled against the presentation of this testimony.

By the court's refusal to admit testimony of Sheriff John Barry concerning alleged trouble between Missus Swain and her husband, the opportunity to open a long line of family history was frustrated. The prosecution rested its case at the opening of court at nine point thirty, to the evident surprise of the jury and spectators, without offering any additional testimony. The fact that the state has rested its case when a long, bitter battle was expected has caused considerable surprise.

Friends of Maine declare that this move indicates that the prosecution's case has collapsed and that the circumstantial evidence so far submitted could not be substantiated. The state summoned thirty four witnesses, but only twelve were examined. A complete alibis bye for Oscar R. Maine was established by the defense when it called its first witness this morning. The prosecution had shown the murder occurred some time between five and

five twenty o'clock that Sunday afternoon. W. P. Jones, for the defense today, swore he was in Maine's office from five to five o five pm. Missus W. W Emery, one of the leading citizens of Napavine, testified she had seen Maine in his office from five twenty to five twenty five. In addition to telling about going to Maine's office at five twenty on the afternoon of the murder, Missus W. W Emery said she had entered the Maine and the Swain Holmes on several occasions and had been

entertained by them. She said the relations between the families were of the most friendly and intimate nature. She also testified that when she saw Maine on the day of the murder, he gave no sign of nervousness or excitement, enacted just as he always did. Quote as to Missus Swain,

her reputation and character are absolutely above reproach. Ut Walter Mason and Milton Ashton swore they had seen Maine in the pool hall at Napavine from five oh five to five twenty, thus accounting for Maine's actions during every minute of the time the crime is alleged to have been committed.

The defense further backed up the case with the testimony of John Colson, who declared he had had access to mains woodshed continuously for the last two years with free use of Main's tools, and they had never seen there and acts of the kind described in yesterday's testimony. The first defense witnesses were called to testify about Maine's character and reputation. They included Alfred H. London, Prosecuting Attorney of King County, Superior Judge Frader of Seattle, and HM Seattle

Corporation Council. All declared they were personally acquainted with Maine and that his reputation was good. Missus W. W Emery Miller Ashton, owner of the pool hall adjoining Main's office, and Walter Mason, who was in charge of the pool hall a part of the afternoon of the murder, were called by the defense in an effort to prove an alibi.

Mason testified that Maine came into the pool room while he was in charge during Ashton's absence and remained from ten to fifteen minutes, leaving it by the front door as Ashton entered at the rear. Ashton testified that he went into the back door of the pool room just as the five twenty train from Tacoma came in and had seen Missus W. W. Emery, who got off the

train at the crossing. Missus Emory corroborated this testimony and said that as she passed Main's office, she saw a light and went in to use the telewe She said that Maine had been courteous as usual and appeared in no way disturbed or excited. Four character witnesses were put

on the stand to testify to the good name of Maine. N. B. Kaufman of Sehalis, pioneer banker and businessman, said he had known Maine since he came to Lewis County four years ago, and as chairman of the Red Cross and Liberty Loanwork, had appointed Maine to manage the Napavine District because of his ability. He said that Maine's reputation had always been good.

He also said that he had known Missus fred Swain since girlhood and stated that she had always borne an ideal reputation for chastity, and that she had a reputation beyond reproach. Charles H. Lundeen, prosecuting attorney of King County, who had known Maine six or seven years in Seattle, testified that his reputation there was good. Judge A. W. Frad for years superior judge in King County, swore that during an acquaintance of twelve or thirteen years with Maine

in Seattle, the latter's reputation was good. Hugh H. Caldwell of Seattle said he had known Maine for seven eight years, rather intimately, and his reputation was good. The defense scored its first victory when it riddled the testimony of Robert Hodge, witnessed for the state, who had declared he had seen Maine enter the Swain's store on the afternoon of the murder, by the testimony of W. G. Peters, city engineer of Sehalas. Peters presented a map which showed a diagram and distances

in the vicinity of Hodge's home in Swain's Store. The map showed there was a distance of three hundred and sixty five feet from the place Hodge had stood when he says he saw Mane enter the back door of the murdered man's store. The map also showed there were obstructions in the line of vision from the place where Hodge stood and the place where he said he saw Maine. These were a sixteen foot cedar tree with bows reaching near the ground, a picket fence three and a half

feet high, an old fence rail, and posts. Peters testified these made it impossible to see a person clearly at the rear of the Swain's store. Irresponsibility of the testimony of Robert Hodge, prosecution witness who said he saw Maine enter Swain's grocery store at Napavine on the afternoon of the murder was shown by defense witnesses. Several of these witnesses early today stood where Hodge said he had stood, and had men they knew well walk where Hodge said

Maine had walked. Later, all testified that Hodge positively could not have identified Maine. This question was threshed out at great length, with wide differences of opinion on the part of witnesses on the question hinged one of the chief points in the case. Robert Hodge testified in the trial that he saw Maine enter the Swaying Store, where the

murder was committed between four and five pm. The defense took the position that in cloudy weather such as existed on the day of the murder, Hodge could not have identified Maine at the distance he said was between them three hundred and sixty five feet. The defense sent several citizens out the night before last to make a test of the question. They were all put on the stand and testified that Hodge could not have done what he said.

Again yesterday morning, the defense sent some other people out to try it again. All testified that Hodge could not have told Maine at that distance. The prosecution then sent out a team. They all testified that it would have been physically possible for Hodge had light conditions been as they were when this committee made its test. It was admitted, however, that if light conditions had been bad, it would not have been possible, and so the point now stands before

the jury. The defense in the trial of Oscar Maine placed twenty eight witnesses on the stand today. Among them were Sadie Swain, widow of the murdered man, and Virginia Mayne, wife of the defendant, both of whom denied that there were any foundation for the statements made on the stand by A. L. Kaufman yesterday that the Swains had quarreled

because of Maine's friendship for Missus Swain. Judge Reynolds refused to allow the jury to make a second trip to Napavine to inspect the Hodge place in the view of the Swains store from his home. Missus Swain was called to impeach the testimony of Abe Kaufman, who was on the stand yesterday afternoon and who is her brother in law.

She said that she had never contemplated getting a divorce, that she had no quarrel with her husband, that the circumstances of the trouble on which the state had expected to build its motive theory was not a quarrel but a misunderstanding due to her husband's having been drinking. Missus Maine and the two children and Missus Abe Kaufman were with her when mister Maine took them all back to Napavine on the evening of the so called quarrel, of which her maid and Abe Kaufman told yesterday.

has contended the crime was committed. Maine took the stand in his own behalf at eleven thirty this morning. The audience half rose, craned its collective neck and lapsed into breathlessness as his name was called. It was hoping for some of the thrills which expectantly it had each day packed the court room of the Lewis County court House since the trial began. To corroborate the testimony given yesterday proving an alibi for Maine, missus C. L. Stone, wife

of a Napavine banker, was called. She testified she saw Maine at his home at five thirty in the afternoon. She also declared that Maine and Swain were the closest of friends. Mister and Missus H. J. Brandigan both testified they saw Maine at his office between five and five thirty. Maine had no stronger supporters in his fight for freedom than the young wife who had stood back of him from the first and the woman toward whom he had been accused of having undo intimacy and whose husband he

is accused of slaying. The testimony of Missus Swain and Missus Maine was the keystone of the strong defense Maine's attorney of built up. Both were put on the stand to explain the alleged troubles between Swain and his wife, declared by the state to show motive for the killing of Swain. While admitting there had been a quarrel, Missus Swain flatly denied it had been caused by any wrongful

relations with Maine on her part. Missus Swain, in explaining a quarrel she had with her husband November twenty fifth, declared by the state to have been caused by Missus Swain's intimacy with Maine, she said, quote that affair was not a quarrel, It was a dispute. Mister Swain had been to Schehalis and I and Missus Maine were to have met him in Maine's automobile and brought him home. We could not find him, and he came home on the train. He was angry because we had not met him.

He had been drinking and refused to eat his supper. I was very nervous and told him I was going to stay all night with Missus Maine. He told me that if I left the house, I'd never get back alive. I wished to say that never once was a divorce mentioned then or before. I merely wanted to get away until he got away from the effects of liquor. As to mister Maine, I will say that I rode only three times alone with him in his automobile, and my husband knew about it each time. All three times were

in the afternoon. Twice he drove me to the Red Cross headquarters in Sheehalis, and once he took me to a doctor in Schehalis at the request of my husband. This last time was the Friday before my husband was murdered. Unquote, Virginia Maine, when put on the stand, declared that mister Maine and mister Swain were the closest to friends. Swore she knew all about the three auto trips taken by her husband and Sadie Swain, and declared they were quote

perfectly proper unquote. She said that on the day of the murder, Maine went to his office about four o'clock and returned home a little before five thirty o'clock. Quote. When he came in, he played a few minutes with our small son, and then went over and teased our daughter because she was sick in bed. Soon after that we had supper. Mister Maine did not act nervous at all and ate a hearty supper. Unquote. Roscoe Bell told of having seen mister Swain on the day the quarrel

between mister and Missus Swain occurred. Quote. I saw him in Schehalis, and he had been drinking unquote. John Coulson told of having gone to the scene of the murder with Maine when it was first discovered. He said Maine did not act nervous at all. He denied having told Sheriff Barry that he noticed Maine to be pale and nervous at the Swain funeral. Quote I made no such statement to Sheriff Berry or to anyone else. Quote describing in detail his whereabouts and actions at the time of

the murder. His story agreed with the testimony of the other witnesses called to prove an alibi. Maine emphatically denied he had quarreled with Swain, declaring they had always been the best of friends. Contradicting the prosecution's testimony that a hatchet of the kind apparently used in the crime had been seen in his woodshed, the defendant testified he had only had three hatchets in his life, and that all three were now at his home. None of them, he declared,

answered the description given by the prosecution. Maine also denied emphatically that at the time Swain's body was found, he had declared that they didn't need the sheriff. Several times, Maine gave lye to witness who had testified for the state quote, I do not like to accuse doctor Pettitt of telling an un in truth, but I certainly did not ask him if he had treated Swain for heart disease.

I did not tell him that I thought Swain had fallen from the balcony, and I did not interpose any objection when he suggested that we call the detectives I merely said that he was nearest the phone and to call them himself. Missus Maine testified that her husband had never owned a gray mackinaw such as Bob Hodge swore was worn by the man who he claimed he saw go into the Swain's store on the afternoon of the murder,

and whom he claimed to be Maine. Cross examination failed to shake any of his statements or confuse him in any manner. He flatly contradicted the evidence of Abe Kaufman, Sheriff Berry, Doctor Pettitt, and Detective Braun, the strongest witnesses of the state. Asked about his alleged intimacy with the murdered man's wife, he recounted the automobile trips he had

taken with her alone. All of these trips, two or three in number, had been taken, he said, for the purpose of delivering Red Cross goods made by women in Napavine to the Red Cross headquarters in Schehela's. He said he made one trip with Missus Swain to Scheela's three days before the tragedy, this trip having been made when mister Swain asked Mane to take his wife to the doctor. He said he complied with Swain's request and also brought

Missus Swain back after she had seen the doctor. Regarding a quarrel between the Swains, which the prosecutor endeavored to show was because Missus Swain had gone alone with Maine in his automobile, Maine said, quote, we had an appointment to pick Swain up at Schehala's that day, but could not find him. We accordingly returned. My wife was along

on that trip as well as Missus Swain. I learned the next day from my wife that Swain had arrived home that night under the influence of liquor and had caused some trouble because we had failed to pick him up at Scheele's. Unquote. In explaining his side of a meeting which aide Kaufman testified to having warned Maine to leave Missus Swain alone, Main said, quote, I was in Shahalis and was told by Ethel Kaufman that Swain's brother

in law, Abe Kaufman, wanted to see me. I was in a hurry to catch a train to Tacoma, and so hurried over to Kaufman's office. I saw at once that he had been drinking. He offered me a drink, and I accepted. Then he asked me if I'd heard of the troubles between the Swains, and asked if I did not think it possible my attentions to missus Swain had something to do with it. I told him he was drunk and irresponsible, or he would never have made

such a statement. I told him I was in a hurry to catch a train and would come around and see him later when he was sober. Ethel Kaufman also testified as to abe Kaufman having had liquor on that particular occasion. George Harrigan, court reporter, was put on the stand and he testified that he smelled liquor on Kaufman the day he appeared on the witness stand. In the present case, Kaufman had testified he had had nothing to

drink on either occasion March ninth, nineteen eighteen. The guilt or innocence of Oscar r. Main will probably be determined by the jury before night. Final arguments in the case began at the opening of court this morning. The case is expected to go to the jury late this afternoon. That Maine had failed to account definitely for at least fifteen minutes of his time during the half hour period from five to five thirty on the afternoon of January sixth,

when the murder is alleged to have been committed. Was the statement of Prosecutor Allen in his final argument, quote, the crime was committed by a superman who cleverly covered his tracks and not a weak minded person. Unquote. Said that both the state and the defense had woven a web of circumstances showing intimacy between Maine and Sadie Swain

as a motive for the crime. Attorney Abel, opening the argument for the defense, declared that Maine, backed by other witnesses, had established a convincing alibi, accounting for every movement of Maine's time and annihilating every semblance of a motive for the murder. The defense rested its case late yesterday after Sheriff Barry had been put on the stand as the

last witness. The sheriff testified that on the day of the Swain funeral, at which Oscar Mayne was a pallbearer, John Coulson, a friend of Maine, had come to him and said, did you see the expression on the face of a certain pallbearer. When you walked up to where he stood, he must know something. Colson previously had positively denied this statement. Oscar B. Maine was acquitted on the first ballot by the jury in the Lewis County District Court.

The case was given into the jury's hands at four o'clock, was discussed until after dinner, when the ballot was taken. The verdict was brought in at eight o'clock. As the words not guilty echoed through the hushed courtroom, a ripple of relief from the long suspense passed over the throng. Then, with laughter and tears, Oscar Main's friends literally fell upon him to wring his hands and express their congratulations. Virginia Main's face, which had grown wider and more haggard as

the long hours passed, was illumined with joy. When the verdict was red. She slipped her hands through her husband's arm and stood beside him, sharing in the congratulations. Missus Sis Swain was not in the courtroom. Justice John F. Maine of the State Supreme Court, who stood beside his brother throughout the trial, wept tears of joy and shook

hands with each juror. After the verdict, said Oscar Maine after the verdict quote, and for those who, for reasons unknown to me, perjured themselves on the witness stand, and for those inexperienced, over zealous young officers who unjustly persecuted me, my heart harbors no anger or hatred unquote. With the acquittal of Maine, the mystery as to who committed the crime is unsolved. The case was sensational from the start because of the prominence of the accused and the cold

bloodedness of the killing. March eleventh, nineteen eighteen, that influences were brought to bait and the prosecution of Oscar R. Main was the statement today of prosecuting attorney Allan quote. I argued for three hours against pressing the prosecution in the first place, believing the evidence was not convincing enough to warrant it. Then there came the statements that money was being used to get Maine free, and I didn't want to have anyone say that I'd been bought off.

I'm not trying to make excuses for the trial. If I have made a mistake, I'm willing to stand by the gaff and take whatever criticism may be coming. Another reason why I saw the case through to the finish. Is that I wanted to show them that I knew the facts in the case and that I was right unquote what these influences were. Allan was not prepared to say. It is understood, however, that he was referring to Sheriff

Berry and other county officials. On the first ballot, the jury stood seven to five for acquittal, it was reported today cleared by a jury of the charge of brutally murdering his friend Fred Swain. Oscar R. Main was going about as business as usual in his real estate office today, celebrating his acquittal by a jury in the Superior Court at Shahalas Saturday night. There was a big family dinner at the Main home here yesterday. The guests included Maine's brother,

Supreme Court Justice John F. Main, and his wife. That the jury returned a verdict of acquittal on the first ballot, as considered by Maine and his friends as absolutely clearing him from suspicion that was the Main Swain affair. The Napavine hatchet murder, called from the historic pages of the Tacoma Times, the Oregon Daily Journal, and other newspapers of the era. True Crime Historian is a creation of popular media.

Opening theme by Nico Vitessi, incidental music by Dave SAMs, closing theme by Dave Sam's and Rachel Shott, engineered by David Hish at Third Street Music. Media management by Sean Miller Jones And as for me, I've at last been vindicated and his reputation was good. I'm True Crime Historian Richard O. Jones, signing off for now.