The Waco News-Tribune from Waco, Texas • Page 3

THE WACO NEWS-TRIBUNE. SUNDAY, JANUARY 16. 1027 hipps Pictured as Dangerous Man by Witnesses for Norris Banker Relates Artist Illustrates Norris Trial Defense Story Of Fatal Encounter COURTROOM. AI STIX. Jan.

15 tragedy of last July 17 in the upper chamber of the First Baptist church office building at Fort Worth where Dr. Frank Norris prepared some of his sermons, was re-enacted in the district courtroom here today. H. Nutt, hank auditor, member of the church fi Bike Mrs. Roxie Parker, the star nance committee an I superintend- witness for the state, Nutt ent of the youn; cfrpefter 30 CFMSS MODEL CE fr 1 department of Sunday scho-ol, was the chief actor, and portrayed, by word and gesture, the final act in the life of Dexter IB Chipps, Fort Worth lumberman.

pened in on the tragedy, which cost Chipps his life and I)r. Norris a murder trial. Nutt was the o'nly eye witness other than Norris and bis testimony was the high water mark of Dr. defense today. Story of What Happened in Norris' Study Related by Banker Mrs.

Parker told tl stepped to th outer office came through the ir moment later was what occurred on that door. Nutt yesterday she threshold of nest as Chipps trier door and a shot She saw the outside of tduv told what had happened on tin other side of the door. Mr. Nutt testified that Chipps came to office- unannounced and threatened to kill the pastor if he did not quit attacking friends. He was shot when he made an apparent move to reach his hip pocket.

Following Nutt, whip occupied the, stand the greater part of the day, several character witnesses were put on in an effort to show that Chipps had a had reputation as a drinker, ami that while under the influence he was quarrelsome and unruly. Considerable of this testimony about Chipps was given by Fred I). Holland, a former Fort 'Worth policeman, who testified lie had heard Chipps threaten to kill Norris on the day before Norris killed Chipps. Holland said he told Norris of this threat and gave the ter other Information about actions and troubles. Nothing Said orris Regarding Telephone Threats by Chipps Mr, Nutt had called on Dr, Nor- turning toward Dr.

Norris. If you ris In the office, upon the second say anything more about my floor of the building adjoining friends. going to kill He church. He arrived about bad his fist clenched. Nutt then told Norris an- 4:30 p.m.

Norris asked him if he swered that he had his Sunday knew Chipps, but said nothing sermon prepared and was going to about telephone threats, which preach it, and he said Chipps rc- Chipps was supposed to have made plied: shortly before. you do I II kill In a minutes Chipps opened According to the witness. Dr. the door without knocking. Norris then showed Chipps the rose to my Nutt testi- door, ordering him to leave, fled.

-said know this Chipps remained standing, looking referring to me. sell turn- i at Norris, and the pastor told him ber all over the Chipps again to leave. shook hands with me and sat As Chipps opened the door and down. I also sat. Dr.

Norrlsrwas stepped into the ante-room, Nutt seated at his desk. said it was his recollection that said: got some- Norris took a step toward the ing to say and say it to door. UNDBUTAFEP. FTWSPPEEF- BODY re THE FC P' EFE Norris Defense Shows Its Hand 1 pac-f nvp for tbe he, too. COMINLBD ROM FAGL ONE WH8 afrafd he wouM have tQ Bfty liquor was quarrelsome and vio- Under the influence, of intoxicants, waa lent in his nature.

That was Roy quarrelsome. There was a for- Ikdlund, who said that he had mer sheriff in Tarrant county, four heard Chipps, while drunk, threat- terms in office, who testified liks- en to another man that wise and from each one the state or he was going to kill was prevented from learning If it a ni in to whom Chipps applied an was not that when Chipps unprintable adjective. A Fort was not under the influence of Worth physician, I'r. re nit Wal- liquor he was a quiet ftiendiv ker, fellow clubman of the de- eilismn. Holland Tells of Alleged Threats Made by Chipps Holland said he had heard Chipps, -What was the conversation? ptesutuuhly drunk, tell what he in was telling Connor: tended do to the Rev.

Mr. Norris. io a onnor added Chipps said: Holland, wlm mi he never had Connor asked seen Mpps whh parking his Chipps answered in front of Texas hotel, Fort tonight or tomorrow days before the stay- hen was that The witness ent to study ahout 10 the next day aft the alleged thrext warned Norris, he mstlfed, In talking to? tail outlined to the pastor A Hurry Connor, city dete- live. purple past. Chipps Pictured by the Witness As turbulent and Quarrelsome ltd.

the Witness gave to the jury Holland introduction to the a list of lapses In righteous- Mr Chipps years ago led to a ness it seemed that the of Chipps -'aid Holland was drunk, many police whWJ.s, the whack of "fM? Chipps to go home but finally had to do this night stirksi uh flop of Klen by knockinic Chipps down. big was the crowd today that was 1 1 lnu wafted toward tile court- So 1 hipps grave, Bor, uc- witnesses had to yse a window to this stand, i'tiring rcri-sH, the jury was already announced for Sunday an 1 and asked him to go. of the 'The objection going to preach it renminVd standing, looking at Dr. was overruled did Chipps Norris. said bo remember th you do, 111 kill Chipps "Norr said repeat what be sa id bad said and Chipps replied, 11 Nonas said, the kill ne Nutt Re-enacts Tragedy As He Saw It That Day testifies Hip Pocket Move Was Made by Lumberman Nutt stood and acted out leather case.

He then walked hack what then happened for the jury, into Dr. office, took a few made a motion with his steps, and fell to the floor. right hand toward his hip, and began to bleed. he did his coat opened, tone was determined Anti-Evolution vent to gun play itrca i s. of he statement.

he IS.m slutted baci, ami fol til CONTINUED FROM RACK ONE reman it between prosecution and defense. MoBeart naked him about Ins affi se If. Judge Me innt le I davit, made about an bout and invalid and will ina rea half after the killing. The lawyer 1 had him reati the affidavit, Nutt tinto were some in tins document, though he bad signed it. had opened the door and said go to and he had the appearance of a At this point Nutt was requested to stand up before the jury and act out just what happened.

Nutt said Norris told Chipps, repeat everything I have This was said as Chipps was going through the door. The witness said that Chipps turned and exclaimed: go to it. kill made a motion with his right hand and as he $id so his oat Nutt testified, The 1 witness moved his hand back to- ward his right hip pocket in itrii- tatton of the motion lie said Chipps had made. The jury was intent on this phase of the story. As he moved his hand back, Nutt said that something dropped from pocket.

It looked like a leather case, hut. the witness know- what it was, this action shots rang continued Nutt. "Dr. Norris was of me. Chipps staggered, fcomething looking like a leather case dropped to the floor and he stooped to pick it up He took several steps, came back into Di private office and sank to the floor.

tone was determined angry, and I believe he would have killed Dr. Norris if Dr. Norris had not shot and dangerous." "What was lie impression made on your Simpson my rear. As Chipps th movement to his hip. the shot rang out.

There were three The witness indicated the rapid- asked, "with reference to what ity with a stick, striking the floor. was going to do to Dr. Norris?" Stooped over to pick up State objected to the question, something from the floor. ft ap Judge Hamilton overruled pea red to bo something in a brown objection. Thought Chipps Intended to Kill Dr.

Norris Nutt Testifies "Th0 impression on me was that Chipps would Kill Dr. Norris unless prevented." Nutt said. He said Norris was calm and did not us inv aPustve acquitted and if so Tin judge sustained an objection on pn in to ear a nuuit within an hour and a half ft or the killing uas not trim "It waa in Nutt sa 1 d. hf i ad portion of 1 1 fida il in Norris a ft 11 as OU "I don't ant a n.v more out of you. Then iloor Th affi i i.

i i 1 a Iso pH "rein da got up and a Iked out of th Nutt till was 1 1 ne as fa as it we nt, ha it did not state all that hipp Hftld. invited him out a 1 tim ri ft," Nutt SH I ej examination was Whitt flic Prohibits and i think tin pi oh ibi broadly tip' teaching In the fit bools of st ilo that man descended from .1 lower ordir of animals. Judge Chamhiwa the net only prohibits the teaching of Hu- tot feria theory of cording I lolh.nd testimony, waa constantly trying to sing police with through the throng by Inp.o. getting mo.md hotels. ho toil, lik.

subway guards In suffer, ft quon? rest and giving I be I. o'clock rush at Times Square. "I homicidal ftut if took Hi minutes to get 'jurors out of the room. Defense Counsel Creates Scene Over Actions of Spectator During the testimony of Holland, row. Several attorneys were try near the dose, Dayton ing talk tit once.

Moses, for the defense, rose and it was this evening court recessed until 9 o'clock roared at I Reed, range. morning. ami Reed as setting in When the hig-bodied Chipps front of the bem-h. Moaes shouted I'kiced himself on a settee in the want the court to Instruct lmpiesHf'd Nutt as a desperate per- thinks frorn there son, Nutt testified. During the day uni i rnii at for word picture of tli8 ITort Worth luniberimin a few minutes Hill McLean was up on before Chipps reeled In his death vol.H diicl, denies tin band immediately Bill" dmMtiad man of thun- 1 that a prlvnt, citizen dcous, manner.

As he told being attacked. It was a life-sized the jury: Imlg wall state bis re.c om Of us agree that til tuent heroin mu: be rsed on account of error of trial judge in attempting If to fix a 1 ft upon S- Under the 1 of Tenne.ssee, a fin, ev ms oi only he assessed by a jur The jury ill this case returned a 1 i of guilty but not. as Dm and be judgi undertook do thin If Says He Thought Chipps Was Determined to Kill Norris Houli tiled." And a train Impression was that he' my sBrrnon has been an- ill Dr. Nori is unless pie- noum ed Perhaps you should language Hm question. previously tevt ifiii Norris had to Nutt aid did not Severe Cross Examination Fails to Shake Nutt Mr, Nutt withstood an Intense cross examination from Attorney "William for the state, but to lie main points of his story.

He was passed back and yirth from slate to defense a half times before the story wrns inpleted in its minutest detail. Holland, who resigned from Worth police force because the chief would not extend his 90- day leave so he could work in the oil fields, testified he had seen Chipps with Detective Harry Connor in front of the Texas hotel at Fort Worth on the morning of July 16, the day before Chipps was killed. He stepped up to the pair, Connor holding Chipps by the arm, and heard Chipps say he was going to kill Norris, linking an oath with his name. Following testimony, court adjourned until 9 a. m.

Monday. Dr. Norris showed able strain and emotion, especially I during the recital of death, IB M. Williams of Fort Worth, I city salesman for the Moore ber company, was introduced by I the defense as the first witness of the day to rebut testimony given yesterday by H. H.

Rains. 1 Rains said he heard Norris remark: killed me, a. The witness said Norris made this remark as he emerged from the room where D. E. Chipps had been killed.

Williams said some time after the killing he asked Rains what he i knew about the case. Defense Witness Swears Rains Denied Knowing Anything About Killing Chipps he want to have any woman in the door as trouble with him. ris shot Mrs. Rosie Parker you ever see a gun In Dr. terday said she saw the shooting hand before those shots while standing In the donrv ay.

rang Simpson asked. Nutt made .1 written did not. Never to I let Attorney Robert "Are you a friend of Dr. Norris?" of Fort Worth, the evening of the shooting, Nutt Subjected to Vigorous Cross Examination by McLean you look on killing (two hour: 1 that, it was lm- body to if he had anything to material "Don't vati know that Norm-' kill with, McLean, nPXf special prosecutor asked, in cross- that he admitted killing examination. Mcl.ean asked.

"I didn't think of wan the wnnes.H Dd believed so answer. "Who opened the door when you Dr. NorrD say 1 'hipps started just after the shooting 'Well, boys, "Norris opened It." preach It, the same old place Norris shoot Defense objected and state said ypu and Norris the the purpose was show that Nor- or.lv ones in the ris was calm and cool, juyt after the shooting. Objection was over- you shoot him, did The defense insisted the re- ark was made so long after thf ny reel ness 'Vet' aid he df fiotti Nllit U'i Hissions tk.it perhaps some details his a ff Ida vat 1 slightly ile sta te was vi rig ha rd to own defense M.ar wit a ijt Juror Halles at doing Out by Window: rars Hoodoo May Oct llitn At ST I Jan. 13.

IS) The Pity in the trial of the It v. Frank Norris this after ttoi to tin belief of 01 of its, a Ko a tin- crnjrt that Judge James 1 la to It suggest that thejuroi- go to their througri a win (lou U't a bey I ing to this former 1 liter, juror No. 1, said No! fo. Ine. Th" la low bo i I out of that vvin- i dqv.

ha mo Tt: ot hei hi rot oug a 1 re a red Firmigli Un- spe, falot s. Banks Consolidate Natioiutil 'lakes bu Bn Jiichs of Big 1 11 It ution otne around and hear This was on Saturday, July 17, Inst. The sermon would appeared angry, deter- 1 preached the next day. It was and dangetou.s.“ that Nutt, who he was t. 1 1 1 vicious to Nutt, the only person present the l.

1 1 in hattkto and tif Norris death interview, ud- 1 in thiH Dm Rev. Dr. First Bupllxt dressed He said: bui', b. in contrast to the menu. Rev.

Dr Norris has heard ing, threatening Nutt that kind of threat depleted him, the Rev, Dr. Norris Nutt had testified before a grand was (aim mild. sat at hb jury shortly after the supposedly desk, solemn but unmoved, wlcn blu-t-ring Chipps toppled to the hipps hurled at. him this inipre- study floor. Today, catmn.

over, was the first time his version If you don let up on of the -laying was given in public, am mayor of tort. Worth), I'll Com pa rison of grand jury kill you testimony with his statements of 'ihe Rev, Dr. Norris had replied today was made P. (Wild to hipps, perhaps with a truce, of Bill) McLean, stormy leader of irony: I the spec ini prosecution corps. state, error pointed out only cori'i-ted by awarding a new trial.

It of a ce I ha not hing is be gained by prolonging the it- I ho on irarv, we think that peace and dignity of rie stai1', wlm all criminal iom arc bmugiit to I s. ill mi -1 hv he entry of nolb' prrisequi bcietn, bowed Km a coni Is attoi genera 1 Justice Kinnev's dissenting otdlliott hi- belief that tips' atufe is in alni "foi t.mit,y meaning." ll'l Bis IHN IH isfi Hl J.m (AP) ja pp it but I I hjs im not. ,1 I In- end he saht John ha ruing of UpM (I.yrt up i a const il ut Iona 1 the law under In v. as on of HJega I I I ng voli) don't know a damn tiling. the witness quoted Rains as saying, Williams said he understood Rains disliked Norris.

Attorney Dayton Moses attempted to have the witness comment on what Rains had. said concerning a certain sermon by-Norris, when the prosecution objected, that the defense had not laid proper because there was no evidence that Rains had made any statement about a sermon. After argument, Rains was then recalled to the stand and was asked whether Williams had said he had heard very g.cxl sermon by Norris over the rauio and ouuht to listen in on Norris' I denied that Williams had Mid this to him. you curse Norris?" asked Moses. did the witness replied "I have nothing against Dr.

Williams then resumed the stand, staling that Rains had told him he didn't care to hear Norris, Rains using an oath. "Rains said if they fooled with him he would tell what North) said at Williams testified. Attorney McLean plied Wilkai with questions what Rains said when the latter came frorn the room here he had r. body on the floor. V.

hums said Rains told a cry time he relaP it, the vr -ss was unable fo prw- lit. various versions of the vie. Williams denied that Rains bad said heard Dr, Norris; declare, "I've killed me a Fails to Remember What He I old the Grand Jury McLean asked Nutt if he did not Norris what tell tbe md jury he did not. swear and hat. know how many were fiyed.

swear'" Nutt remember, you swear before He A HI Jan. 1 UP i were to was oing know as we hat ve were ra iry that v. a sa v. 'hipp up from frinir of Norr. office a Lea "I a "Did ft" you iss Ha rt well tell the rn ftp the blood if a sked the an "room AR Bean "I thi ifd him to mop up i of body there then, a going The i Na ed toda over at tonal J) Miller new instil ufi Dm ha nk i many years.

it will I he Waxa on day. cashier en in Today I 1 ded owns a ONE i in i rcl women Ici lekiN about in McLean Attempts to Shake Nutt Only Partially Successful If seeined to some that certain again Bald, about 46 years old, panclew dignified and a bearing in keep- shak. Nutt materially. Null was. nt of the young married peoples aid avowedly friendly to the department of First Baptist (Iefe arcl eager to Ida pas- Sunday school, Nutt not tor vindicated, admitted, but when answering questions.

-lay ci on main track, Neither did he neem over-eager as, rta In other witnesses have to in his replies. flat heels and have had ft his bank at 4 difficulty in negotiating the the afternoon that t'hlpps was He did not actual killed He at the church to trigger fo Mon of Norris. His eyes arrange for a substitute Sunday that were riveted on assigned for lass next The la tier had departed day. He had called on the Rev, Mr. oic only reappear at the scene Norris.

Defense Produces 4Surprise Of the Norris Offices f. attempted fwo pistols in Nutt said the the g' jury i Norris used. the tims cnteri fp-e didn't you swear not ut'er an in Texas Weddings 1 vS'l I 11)1 Bit; that a the announced that tir ii had a of the chun )i busi- lu' fens Including the studi rirgbt a moiled for had prepared Friend of Norris Recites Defense Version of Tragic Encounter "I don't you sooi i came imo think When did you There' but that ant any the Wet UOPI I) I MI I Jth Nutt The have I this, mo a itc'-M, ad thift Im I a pt a tha tail outdone. irito fbe Hattie The new mod'I con- to m- v.herc why. 1 the ase grapes and ai study at k.

Khorf'V liier, d. an to go. Finally Mr. iy walk'd hv the prosecution to ord taritly." The objection was Sustained west In, Q. Wfio opened the door? A don't remember.

te'; where Dr, Norrts -mnding o' time Mr. Chipps pa 1 out the door? A just about in front oi did Mr. Chipps do? out through when. had How far -PoHSiblv tv three or roaw IT. IB Nutt, cye witness, to the killing, was ftext to toil for the first time publicly his version of the shooting, which he witness- ed in study.

He is auditor in the Fort Worth National bank and a trustee, a member of the finance committee a.n<l superintend-: ent of the young department of unday During recital. Dr, Norris sat apparently in deep study, at ban held to his face, oo- ca.si:o«aliy to his gyes, At-tikui he Was in the of pra.yer, Nutt said he left his shortly after 4 rn. of the Kafurday when Chipps was He bought some fruit and then visited Norris, His visits to Norris on church business were frcquent, The defense brought in a replica of the Xorris Rudy similar tu the one iptroducDd yesterday by the state, but the posiiiud of he furniture. Admits Xorris Showed Chipps the Door and Told Him to Shut rfn th sit I IK. did show W1 that ar f.

Declares Chipps Entered Pastor Office Without Knocking Mr, Nutt indicated the furniture, as Attorney for the- defeiY- to each article; True jury the model-. He out a chair where ho a srp-ated white with Norris and the desk at whieit Norris sat. Nutt rcache I office about 'p rn. He talked to Miss Jane HartweR. the or A secre- and then went into Dr.

ot were by 'Do you irst wo: epo orris. NMriD reptidd that friiniw-m at i hank, "Khortly after this entered the door of the office. Dr. Chipps Norris as seated at his Did he Simpson asked the first I saw of hirn he was In the room. He said, "I rose to my feet, Chipps said: know this referring to me, I sat down and said he was a lumber man an dthfin he, too; sat down.

'I've got something to Hav He then toward Norris and so id 'if you say anything- more about my Austin and Rom-h, Urn going to kffi lie had -fist dinehed. replied: 'My sermon is him In: wan: another Chip my to i i A i put' of hi tri. quit: )atng a my i i fis 1 fpndn ai sil" i y-f II k.ihcçf; He fh a fe if Ml fore fh Aoor vv ft 4- "Has an one ialne, fy n't Mr A the la on provok iff Mi?" Nutt f( Clypps i ft wird rn ri make Xorrib follow the. Hi ft ft.g-â-tîlH:thé pafttor (to fit "Win -re Df. Norri Wh Ms-M went first and 1 Cl said he'd ili him? A mfMi ris wftl: ked tft the il' or." ft: ri i i 4 Wf Nor is have his si tft f-'f ni her in Br with hi Nutt h) rti a rear JWt Mf Don 't hen chi gO A Norria foil pivyd Chi a.H ippm to 1 il did ht; Bit 7, f.

I've Hof! 1 Nutefa.ee jury! 1 A 1 ailed i Ai hi t.o W)iat aid sat Id his west Amu of Dl -What took place if anything after 'hip; went our of the door? Norris said: "1 repeat what I vc What did say? A paid: kill Dr Norris, witness epntfttued-, then reseutjied ft at his desk. i then Chipps returned to 'm I ros ktu.w man. at the hank if in the north Nor study. he addressed bald D. his What did you hear before you I saw Chipps? A I heard Chipps say: go to The witness explained that he could seen Chipps before he heard but had md in that 4 but fit Hilt'! to tha plied were bverniW, A t.r-r hipp? full, intd the Mmr there rr ihe- door ft titling Nutt hy defc ered Hi orner I minister to and tell ihtm 1rs the sit).

kno t'-rferf-," Nutt rr he didn't it) Dors. ff why ml nation lit, in rc-t I At, of mppv rn to find (ho eying unii) 1 i A mar ria ge. by I hat when hft canto into i "I've got to xa alvi far SUA Fat- him why i g. r-, Mi out UV. ci.

ci cN i ni i )f tjfH ed mi A question to siiow on the ita an tu Mf (524 i ed 60 Id re IbJKh Vtornati With boit Ntl I (1 tmh-r nd anu, a rr cat touav, Iff ing chi 'who had i been placed in her care. rsw -1 5 pn twrmHti who sells fun direction until, lie did hear the the country and lots of posed threat Nutt was asked to If i minedintety he waa scribe exact motions and- he say to looking in Nutt s'tood down from direi-Non and turning to Dr. i wit box. He reached with his right NCrC- you talk about ham, hand in the general direction of A more. I'm hip, raised his left hand level kill He bad fist with his chin, explained he did and a determined, defiant.

not just what gesture Chipps b'iuk tended or acconipiished with- that Wiif-Ti K'-v. Mr. Norris riroverrwot. He redded: R'pps of his intention preach ft "He ruade a with his and that Chipps wight want arm and saw bis coat roji back, I to heart it, torn hetman was quoted cotild see part of his chest or shirt. By.

Nutt follows ifutde some motion over his left "If do that kill Nutt shoulder. Just what it was I ex' onshw' in." Norris happertod then? want any trouble with 1 thing, shots rang out, you There's the Mr, Chipps Jong after the words; efused to He remained standing go to did those shots ring out? his IIpK purple, and he was Dr. Jang tnwnrd Dr. was to my right and to my rear, Q. What took place then? don't know how many shots, but can't recall what.

Mr. many as thr said rmxt Dr. Norris had to; him a second tune, maybe rapid..