People v. Beitzel

SHENK, J.

The defendant was convicted of murder of the first degree and- judgment of death was pronounced. He appeals from the judgment and from the order denying his motion for a new trial.

It is not contended on the appeal that the evidence is insufficient to justify the verdict and there is no suggestion that the defendant did not commit the crime. The homicide was particularly atrocious as disclosed by the following facts: In the early part of 1927 the defendant was employed as assistant- credit manager of a corporation in

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Philadelphia. He was a married man and was then living with his family consisting of a wife and two children, four and six years of age. Barbara Mauger was a young woman then about twenty years of age and was employed as a cashier by the same company. In the latter part of April or early in May, 1927, the defendant left his home, took up his residence elsewhere in the city of Philadelphia and began to pay attention to Barbara Mauger at her home where she resided with her parents, and continued to call upon her without disclosing to her or to her parents that he was a married man. On September 10, 1927, the defendant and Miss Mauger disappeared. Two days later the father of the young woman received a note from her stating that she and the defendant had left for South America. Before they disappeared a considerable assortment of baby clothes was delivered at the Mauger home in Philadelphia. The defendant explained to the elder Mangers that he had purchased the clothes for his brother’s expected child. In the note sent by Barbara to her parents she advised them that she expected to marry the defendant and that the baby clothes belonged to her, as she expected to have a baby. The defendant and the young woman went direct to Los Angeles, arriving there on September 17, 1927. They resided at various places in that city, representing themselves to be husband and wife under the names of R. Scott and Barbara Burholme. The last place they resided was at 841 Golden Avenue in the city of Los Angeles.

On June 24, 1928, the defendant and Barbara were seen to leave their home in an automobile. The defendant returned to his home alone. On the evening of the same day a neighbor called to see Barbara and was told by the defendant that Barbara had taken a ride down to Long Beach and that “she wouldn’t be back.” On the next day the defendant told the neighborhood groceryman that Barbara had gone away. On the same day he told a neighbor that he had taken Barbara to Long Beach, where she had met her aunt from San Diego and that she had gone to New York with the aunt. A few days later he stated that he had received a telegram from Barbara from Phoenix, Arizona, and later that he had heard from her in Texas.