The love story of Fay Barney and Ernest Chamberlain began in the Spring of 1937, by my best estimate, this was on Friday, March 26. However, whatever the exact day was, it began at the Old Mill.

The rustic old walls of the one time paper mill were decorated and turned into a romantic setting for a big band dance. A University of Utah sorority sponsored this as a girls choice.¹

Both Ernest and Fay would later express their belief that their love story and eventual marriage and family was meant to be, perhaps even pre-ordained in the heavens. If this is true, the angels assigned the project of getting them together for this romantic first date had their work cut out for them.

The dance at South High School

Ernest and Fay both lived within the boundaries of the Granite Stake. Their fathers, Harry Chamberlain and Archie Barney were acquainted, as they served together on the stake genealogical committee.² Ernest certainly had noticed the attractive Fay Barney from a distance at Stake conferences and activities.

In 1935, Fay Barney was a senior at South High School. One of Fay’s classmates invited Ernest to a girl’s dance. It was a custom at the time to dance the first and last dance with your date, but have the schedule of dances arranged to trade with other dance partners. Ernest’s date had most of the dances traded with her friends. It was a fun evening. Ernest was laughing and joking with all his dance partners and got along swell with all of girls, except one. Her name was Fay Barney.¹

Fay was beautiful and always dressed in the latest styles. Her family seemed well to do. Ernest apparently had formed the opinion that she was just too sophisticated for him. This combined with the fact that he was attracted to her, left him speechless. Also, for this dance, he “felt he had two left feet.”¹

Fay was naturally quiet. She wondered about the change that came over Ernest when it was her turn to dance. Neither one of them said a word through the entire dance. Finally, the music ended and they broke the silence with a polite, “Thank you.”

It would be about two years before they spoke again.³

Dating in the 1930s

The dating experiences of Ernest and Fay teach us a lot about their personalities and dating customs of their time. Dating in the 1930s was much different than today (2020). Ernest wrote stories of his general dating experience. Fay, on the other hand, left us a box full of letters, photos, mementos and gum wrappers.

Dancing was very popular in the 1930s and all dances came with a schedule. Different partners would trade dances at the appropriate time. It was a great way to get to know a lot of different people. There were various types of dances, waltzes, foxtrots, swing etc. Male and female partners actually touched each other when they danced and maybe enjoyed a conversation. Coordinating your rhythm with a partner could be challenging for some.  

In high school and early college years males and females would date a wide variety of partners. They may chose a different partner every date. The point was to have a good time together and to meet different people. After the date was over no commitment was assumed or expected. 

When a relationship became more serious the boy would ask his girl to wear his class ring or pin. This would signal that they were going steady. They then dated each other exclusively until they broke up.

Engagement came with a diamond ring and a date for a wedding day.

Letters to Fay Barney, 1935

Fay graduated from High School in the class of 1935. She started her studies at the University of Utah in the fall. She loved the summers when she could stay with her favorite country cousins. Fay was very popular with the boys as we learn from the letters she saved.

She often stayed with her cousin Eva and her Uncle George and Aunt Jeanette Adams Williams who lived in Treasureton a small town in southern Idaho near Preston. Fay and her family went to Treasureton on July 4, 1935.²

When she got there, she wrote to a boy friend in Utah. On July 9, 1935, James Kippen from Woods Cross, Utah wrote a letter back to her in Idaho. “Tell your aunt Nettie and cousin Eva Hi.” He then warned her to be careful about those young farmers (in Idaho) or she may end up a farmer’s wife, and that wouldn’t be so good. The letter was ended by saying he had to get up at 4 am to irrigate the onions. Signed: “With Love, Jim”⁴

In Idaho she met a boy from a neighboring farm named Don. They had a good time together. He took her horse back riding every day. Don told Fay he would take her home so that she could stay longer after her family went back to Salt Lake. They were together so much her cousins teased them by writing a little rhyme about them.³

Fay went to a dance in Preston, Idaho where she met Varr Alder. She liked him and spent most of the dance with him. This made Don very upset. He told Eva to give Fay a message. To make sure Fay got the message he passed her a hand written note: “Fay, I want to see you and talk to you for fifteen minutes alone between 10 and 11 o’clock. If you don’t come it will be quite evident that you don’t want to see me anymore ever.”⁴

Apparently, Fay didn’t show.

On July 25, 1935, Varr Alder wrote to Fay in SLC from Preston Idaho. He asked if she got home last Saturday night (the 20th). He didn’t know if Don would take her home or not, considering the way he was acting on Thursday (the 18th).⁴

Fay speaking of this event many years later said: “Don got mad and wouldn’t take me home (to Salt Lake), so therefore I had to hitchhike a ride with a milk man to somewhere.” She couldn’t remember the details of how she finally made it all the way home.³ However, ten days later on July 30, 1935, Archie Barney recorded in his journal: “George W. (Fay’s Uncle), Fay, Eva and Dora came down from Treasurton.”²

In a letter of August 14, 1935, Varr wrote to Fay and told her about his exciting life in Idaho. While drinking he was racing his car and when it got up to 65 mph his tire blew. He and his passenger had minor injuries but his car was totaled. He told her he was coming to Salt Lake between Christmas and New Years. “If I come, can we celebrate in a big way?” he asked.  “I can be good if I have to”, he assured her.⁴

Letters to Fay Barney 1936

In February,1936, Roger McGuire was a young man living away in Wisconsin taking business classes. He wrote Fay a very nice letter thanking her for the box of beautiful chocolates that she made and sent him for Christmas. He ended the letter, “hoping you will write to me about yourself. Your old friend, Roger.”⁴

Howard Patterson (Howdy), Earl Pusey, Bob Booth and Loyal Nideen (Sandy), were her friends in Salt Lake City. Charlette,”Charlie” was a girl friend who seemed to be the social director of this group. Fay’s close girl friends where Phyllis who would write notes to Fay while waiting in class for the bell to ring,⁴ Lois Bouman a “down to earth” friend who lived near her home,⁶ and sorority sister Norma Hamilton.²

“Howdy” was very interested in her and kept up to date on her activities. He sent her a letter when she was in Eureka on June 19, 1936. “You don’t seem to be having a bad time, parties, shows and dances”, he wrote in his letter.⁴

Eureka UT was a small town nestled in a mountain valley south-west of Utah Lake about 70 miles from SLC. Fay often stayed there with her cousin Audrey and her Aunt Jennie Rae Barney Humphery and Uncle Cleve Humphery.

Fay’s boy friend during this visit to Eureka was Henry.⁵ She met Henry Wall in 1933.⁴ Fay thought he was “real neat” and he was her first love. Henry’s girlfriend Dora was not happy when Fay came to town.³ Archie brought Fay home from Eureka on June 22.

On July 10, Fay, with her mother and father, traveled again to Treasureton, Idaho. They left early in the morning and visited the Ag. College in Logan along their way. There was a heavy storm north of Preston. They celebrated Fay’s eighteenth Birthday with ice cream and cake at Aunt Nettie’s on the 11th. The families attended church together on Sunday the 12th, then drove back to SLC that evening.²

Varr saw Fay when they were in Idaho and on July 16 wrote to her in SLC. He said, “Forgive me for the way I treated you, will you? Love Varr” Another letter from Varr on August 14 asked her when she would be back in Idaho. He enticed her with the following line. “Do you even drink? If you do you should have been with me Saturday night. Boy! oh Boy!!!!!! Talk about a lot of fun.” He then explained how fun it was waking up the next morning at 5 am at a different location and a different car. No one could remember switching cars or where the other car was.⁴

Fay, apparently, never wrote to him again. The gum wrappers tell us that she never developed real interest for any of the Idaho boys.⁵

The mystery of the gum wrappers

In Fay’s box of mementos, there were dozens of dance schedules, some letters, and about twenty empty gum wrappers. These wrappers of Wrigley’s Double Mint Chewing Gum were folded with the foil placed neatly back into the paper cover.

Why did she save them?

Eventually, I opened one and found it had a note inside. In fact, they all had a note inside! Each one had the name of a boy, a date and a location or event. Since mint gum is an obvious breath freshener, I realized that I had found my mother’s record of every time she kissed a boy. The record covered a 16 month period from February 6, 1935 to June 27, 1936.⁵

Barney Family vacation at Fish lake, Utah

On July 18, 1936 the Barney family Archie, Livonia, Fay, Ellen, Dean and Carol and even my great grandma Agnes Adams headed south for a two week vacation. After visiting relatives and historic sites along the way, they arrived at Fish Lake on the afternoon of the 20th. They then went together for a boat ride on the lake.²

Doctor A. A. Andersen, his wife Dora and their family were also at the lake. Dr Andersen was the Barney family doctor and close friend. They were there with their two daughters and son, Andy.²

Andy Andersen was another one of Fay’s boy friends.⁴

They had fish for breakfast every morning. The three fishermen in the group were Dean Barney, Dr. Andersen and Livonia Barney. In two days out fishing Livonia, (my dear little grandmother Barney) caught the most fish. She caught seven, each 12 to 13 inches long. Dean caught 3 fish, one of them was 18 inches, and Dr. Andersen caught the largest fish which was three feet long and weighed 15 pounds.²

On Saturday, August 1 the five Andersens and six Barneys went for a swim in the lake. The water was very cold. Dora and Andy Andersen swam 600 feet out in the lake. In the evening, Archie drove the Andersen children and the Barney Children to a dance where the entire group had a fine time.²

The next morning the two families had a hotcake breakfast together. Then the Barney’s waved good bye to the Andersens and headed toward Salt Lake City.²

More Letters to Fay, 1936

When Fay got to Fish Lake, she wrote to Howdy. On July 29, Howdy sent his response to Fay at Fish Lake. “When are you coming home?” he asked. “You come home and I see you once, if I am lucky, and you are gone again.”

Before he got her letter from Fish Lake, he went to Preston, Idaho to she if she was there. He told her in his letter that he went to the dance in Preston, but didn’t see any of her boy friends there. Howdy and Carl didn’t know who would be at the dance or what scene might unfold, Carl chose to stay in the car and sleep until the dance was over.⁴

Howard was quite possessive of Fay, and her letters contained some not so subtle hints that they were not a pair. He ended his letter with a complaint. “You ended Carl’s letter ‘Love Fay, but mine, you just ended ‘Fay’…  Signed: “Love Howdy”⁴

Andy Andersen who was still at Fish Lake, wrote to Fay on August 4. He told her they expected to be back in SLC on Monday evening (the 10th), and hoped perhaps they could go to the Old Mill on Tuesday. He missed swimming with her in the lake and wished she was there. Andy then asked: “Will you be ready to wear my pin when I get back? You know I want you to, don’t you?” “Hope to hear from you soon, Love Andy”⁴

He wrote again two days later to acknowledge a letter he received from her, and told her he would return Archie’s cat that was left at the lake when he got back on Tuesday or Wednesday. He hoped he would be able to see her then.⁴

The Engagement

Dr. Andersen and his family had car trouble and did not get back on Tuesday. However, on Wednesday Fay went to a show with Andy and on Thursday August 13 they went on a swimming party.²

Archie Barney’s family and other relatives had a splendid picnic at Liberty Park on Sunday the 16th. Archie wrote in his journal: “Dr Anderson and his family was supposed to be with us but they turned us down, except Andy. He stayed with us.”²

I believe this picnic was meant to be their engagement announcement, but it tuned out to be the time their short engagement ended. Fay shared the following memory with Deanna Chamberlain Grant in 2008:

I was engaged to Dr. Andersen’s son, Andy. I knew that I wasn’t going to marry him. Dr. Anderson just loved me, too. When Andy spoke with his dad about marriage, Dr. Andersen said, ‘You can not get married now. You’ve got to go to school and become a doctor.’ So Andy had to break the sad news to me. Andy, broken-hearted, left home and his dad was unhappy about what he had done.6

“Free as a breeze”

On Saturday September 5, Audrey called the Barneys and wanted Fay and her friend Lois to come to Eureka for the Labor Day celebration. The 9th was Fay’s mother’s birthday and she was suppose to come home sometime that day. Andy Andersen brought his monopoly game over to the Barney’s and played with Ellen, Dean and Carol until mid-night, but Fay never came. Fay finally got home the next evening at 10 pm.²

Larry Carter met Fay’s family when they came to Eureka. “I sure like your family”, he wrote on October 27. “Your daddy is swell and your mother too. She is certainly congenial”. He then joked that she should watch her sister (Ellen) or he will be dating her. He made up for it by giving Fay glowing praise for her beauty and wonderful personality. “I certainly had a lot of fun with you in Eureka on Labor Day, Fay….I had more fun down there in that short time than I have ever had”, he wrote.⁴

After her engagement ended she tried to reconnect with some of her old friends. Howard’s possessiveness had made it hard for her to establish a relationship with others of her group who she liked more. She sent a Christmas present to Earl Pusey and also wrote to others.

On January 7, 1937 Earl wrote to Fay in SLC from Des Moine Iowa. He was working for Associated Press and expected to move to Denver or back to SLC soon. Earl thanked her and Lois for the grand present and talked about the old gang Sandy, Howd, Bob and Charlie. “In your note you mentioned something about being free as a breeze. Boy am I glad. I just hope you stay that way until I come back, I might have a chance after all.”⁴

Loyal Niden (Sandy) was working in Palms, California when he wrote to Fay on February 28, 1937. “Char told me you were planning to write to Pety. Sooo, I thought if you wanted to write to Pete, maybe you would write to me”. She very pleasantly surprised him when she did. He told her it was a shame they had not gone together on a date, and hoped to have the privilege sometime. “I never asked you for a date out of respect for Howard,” he said.⁴

Ernest Chamberlain and Jack Chamberlin

Jack Chamberlin and Ernest went to East High School and became very close friends during their first quarter at the University of Utah. They got together when ever they could, evenings, weekends and on campus. They went on double dates together almost every weekend.¹

On their first double date Ernest went out with Helen Augustine and Jack’s girl was also named Helen. Since they were both named Chamberlain, (with a minor spelling difference), they thought it would be fun to always go with girls with the same name. It was an interesting challenge. Therefore, most of their dates would have the same first name, or twins with the same last name.¹

The bet

One day Jack jokingly bet Ernest that he couldn’t go three months without kissing a girl. Ernest, caught up in their animated conversation, bet he could. Jack quickly replied, “You’re on!” Ernest immediately realized his stupid mistake and kicked himself all afternoon for his big mouth.¹

Then an idea struck.

Ernest bought a chain with small unusual links and made a fine looking chain-link bracelet.  He fastened it on his left wrist. It was a great conversation piece. He used it to tell the girl about the bet he had made, and that if he ever did kiss a girl, she would get the bracelet. This produced a psychological effect which made the following months of dating most interesting.

There were three basic responses: 1- Girls not interested in kissing could relax and have an enjoyable evening. 2- Some girls felt the evening would not be complete without at least a good night kiss. In this case, Ernest might tease these girls with a near kiss, but then stop without forfeiting the bet. 3- Then there were girls who may normally skip a kiss, or not, but in either case they saw the challenge. Their inner drive for conquest would set in and they would strive to win the bracelet.

One day the University put on a “Blind Date Ball”.  Jack and Ernest applied and soon received the name of their blind date. Ernest described his date as “a cute little blond with a good healthy endowment of the body features that make up an attractive figure”. In fewer words, she was smokin’ hot! The last dance was a slow waltz, and at this time it became obvious to Ernest that this girl fell into category three.

After the dance they went out for ice cream and then for a ride. Jack was driving his folks car. He soon noticed there was an aggressive gal snuggling in the back seat with Ernest. Jack’s prospect for a win was looking good.

Ernest felt his temperature rise. He could only pray they would get to her home soon – Jack took his time. Finally, they got to her home and by a tread the bracelet had survived.

At the end of three months, Ernest thought someone he really liked should get the bracelet. He finally decided it should be Bernadine, Jack’s sister. She was really a choice gal and they went out on several dates.  This might have become a serious relationship. However, they soon decided to stop going together as her mother was a staunch Catholic. They both knew it wouldn’t work out in the end.¹

Playing the piano in Kingsbury Hall

Fay had an amazing talent as she could play the piano by ear. She had taken a few piano lessons but never learned to read music because as soon as she heard a popular song she could play it. She would often go to Kingsbury Hall and play the piano for hours. Fraternities would invite her to play for them and the group would sing together and have a great time.²

Fay’s friend, Loyal Nideen, wrote in February 1937: “You and Char do have quite a swell time and interest in the U of U’s daily happenings. Three cheers for both of you. I’ll bet the place couldn’t get along without you two charming ladies. No kidding, I mean it.”⁴

Horseback riding

One of Fay’s favorite classes was Horseback riding lessons for PE. The military owned the horses and Ernest Chamberlain was in the ROTC. After class, Fay brought her horse back to the stable. It was Ernest’s job to brush the horses until they cooled down.⁶

When he saw her, he thought of asking her out. Jack knew a girl named Fay, and Ernest thought he might need to make a name match with Jack’s date.³ However, when he mentioned this interest to his ROTC friends they discouraged him. “You don’t want to get to know her. You wouldn’t be able to provide for her in the way she is accustomed”, they advised.⁶

Meeting at the Library

Norma Hamilton and Fay were going to Kingsbury Hall but changed their minds and decided instead to go to the university library. When Ernest came in, he saw Fay sitting with their common friend, Norma.  Fay was beautiful but sophisticated. “Too sophisticated for my blood”, he thought.³

Jack Chamberlin and Ruth Olsen came in later and joined them. The group of them met together several times after that.¹

Ernest and Fay have very different memories of their meetings in the library.

Ernest remembered the painful experience at South High two years earlier. Now, however, he could see this fashionable beauty having difficulty in her chemistry class and needed help with some math problems.¹ This help, he could nobly provide.

Fay remembers a social goofball who took her favorite bracelet and teased her by saying he was going to give it to his sister. Fay said, “OK, you can have it”. This spoiled his fun so he gave it back.³

An unconventional dating style

Ernest and Jack had a fun but unconventional dating style. They often would tell their dates to prepare a box lunch and to bring swimming suites and tennis rackets to be ready for any spontaneous idea that might come up.¹ Many years later, Fay said she thought Ernest “was handsome and fun but a little bit silly at times”.⁶

One afternoon Jack and Ruth said, “Let’s go to the Gem Theater Saturday night”.

“That sounds great”, Ernest replied.

“How about asking Fay? She seems like a swell girl.”

The South High dance came to his mind and Ernest explained why Fay would not be his choice.  Nevertheless, they persisted on the idea, after all, this was not a dance. Ernest decided to give it a try. He was quite sure, and hopeful, she would not accept.¹

Later in the day Ernest located her in the library. He sat down and they chatted for a while. Then finally he got around to say, “How would you like to go with me to the Gem Theater Saturday night and throw popcorn off the balcony?”

Fay looked a little startled and said, “Yes, I guess so.”³

Stood up

Ernest went skiing the next Saturday morning. When he got home, his sister Lois told him that Fay had called. She said her mother was sick and therefore she could not go tonight.

Ernest was not too surprised. There was a dance at Union Hall at the U. that Saturday night and she probably got a better offer. Nevertheless, he was upset to be stood up and now he was without a date for tonight. “No sweat,” he thought, “I can call Ruth Shelton”. He did and she accepted.

This date was on a Saturday during the winter of 1936-37. Archie Barney’s daily journal almost always recorded each member of his family’s activities and who was ill and who was fine. Livonia suffered with anxiety and was ill quite often. She was very ill through November and December and also on several weekends during January and February. According to Fay’s father’s journal everything she told Ernest was true.

Nevertheless, I am skeptical. I am not convinced that her mother’s illness prevented her from going on an important date. I believe there was a tremendous inner conflict going on within her. Her acceptance of Ernest’s offer surprised her as much as it did him. Like Ernest, she also had second thoughts. She was unaware that she was making one of the most important decisions of her life.

There is something about making a choice that instantly brings understanding. Shortly after she hung up the phone, the right course became clear and the significance became known. She had made the wrong choice and she knew it.

The dance at the Old Mill

Fay had stayed home with her mother where she could be greatly helpful. However, she now regretted that she cancelled the date with Ernest. As time passed, she knew he would never ask her out again.

In the 1930s the man would always ask the woman for the date. However, there was one exception. Once a year there was a girls choice dance. Fay’s sorority was having one at the Old Mill near the mouth of Big Cottonwood Canyon. This was her only chance. Fay called Ernest and asked him to the dance.

Ernest swallowed his pride and accepted. “Inspite of myself, I had a wonderful evening in the romantic atmosphere”.¹

They then began to hit if off, enjoy each other’s company and get better acquainted. Their first photo together was taken on Easter Sunday March 28, 1937.

Archie and Livonia Barney were on a trip to California and returned after April 5.² Fay invited Ernest to Sunday dinner to meet her parents in April. Fay’s mother was sure to let Ernest know that she had been ill on the night of the broken date.¹

The dance at the Old Mill was the first of many enjoyable romantic outings together which included the Officer’s Ball at Camp Williams, and the Junior Prom.

Livonia Barney

Ernest told a story about Fay’s mother Livonia when he and Fay were dating. He said she was very finicky about lint on clothing. Often when Ernest came in the house to pick up Fay, Livonia would see a piece of lint or a hair on his jacket and she would pick it off. This was rather embarrassing.

One day, before coming to visit Fay, Ernest got a spool of white tread and put it in his suit jacket pocket with just a bit of white tread showing on the outside. True to form, when Ernest went in the house Livonia spotted the little piece of white tread.

“She started pulling and pulling and pulling, and I thought she was going to die. I could just see she thought she was going to have a sleeve or something off my jacket. Finally, I started laughing and showed her the spool of thread. She never took another piece of lint off my jacket again.”⁷

Summer 1937

Ernest graduated in the Spring of 1937. Summer was full of fun activities. On July 5 Ernest, Fay, Jack and Ruth took a picnic lunch and and headed up Parley’s Canyon toward Morgan.^2,3 They went swimming at a hot springs in Northern Utah. On the way home they all went to a dance at Lagoon. The girls objected at first because their wet hair was not dance worthy.¹

On July 11 all of Fay’s friends threw a surprise 19th birthday party for her. As it turned out, the surprise was on them. They didn’t know about Ernest. Howard was devastated.⁶

The unemployment rate that summer was above 10% and rising. By the end of the year it would hit 12.5%. Ernest applied for several jobs in accounting but did not have any success. The University placement bureau referred him a Job at S. H. Kress Company to train for store management. He got the Job in July.

It paid $20.00 per week and he felt great to get the position. However, the hours were long. Six days a week he worked in the stock room for various departments from 7 am to 6 pm. In the evenings three days a week he assisted in decorating the windows and counters from 7 pm to 10 or 10:30.¹

Christmas Eve 1937

Ernest and Fay were happy and comfortable together. He admired her talents, especially her excellent sewing abilities. They shared religious beliefs and often went to church activities together in addition to the double dates with Jack and Ruth. Ernest soon decided Fay was the girl he wanted to marry.

Fay wore a ruby birthstone ring. One time when Ernest was admiring her ring he “forgot” to give it back to her. He returned it the next day with his apologies. He was therefore able to get her ring size and planned to surprise her by replacing the ruby ring with a diamond.¹

It was Christmas Eve at the Barney home. The stockings were hung over the fireplace waiting for Santa’s visit. Archie had placed one there for Ernest.²

The Barney family had gone to bed and they were now alone in the living room. The room enjoyed a soft glow from the lights of the Christmas tree. Ernest held Fay’s hand. He gently slipped off the ruby ring and then casually replaced it with a diamond. Fay didn’t notice the switch.

Ernest anxiously awaited her reaction. He became tense as the minutes ticked by. She was still unaware of the diamond ring on her finger. Finally, Fay looked down at her hand and let out a scream!. “She gave me a big kiss. Then she jumped up and ran into the into the bedroom to awaken and tell her folks.”¹

Ernest didn’t hear an answer, but her reaction seemed satisfactory.

Married June 29, 1938

Fay agreed to marry Ernest on one condition. That was that he quit his Job at S. H. Kress Company. She was concerned about the long hours and feared she would never see him. She had faith in Ernest’s ability and education and that he could get a better job as an accountant.

Ernest later said that her faith was greater than the times warranted.³ Nevertheless, Ernest loved Fay and believed that it was the right thing to do. Both Fay and Ernest’s parents supported their decision. He quit his job before their wedding.¹

On June 29, 1938, Fay and Ernest were married in the Salt Lake Temple. They had a wedding reception at the Barney home that evening. After the reception, they checked into the Temple Square hotel for their wedding night.¹

Ernest worked odd jobs while he looked for employment. They stayed with Ernest’s parents for a few weeks until they found an apartment. They moved to their first home at 553 East, Second South in July and a few months later moved to 244 1/2 South Second East.⁸

Idaho Falls, Idaho

In January, 1939, Ernest got a job as a bookkeeper with Pacific Fruit and Produce Company. It required that they move to Idaho Falls, Idaho. Fay and Ernest were happy there. Betty Morley and Paul Ahlstrom were there neighbors and they became good friends. When Jack and Ruth came to visit them and saw how happy they were living together in their little cottage in Idaho, they decided to get married also.³

The workforce at Pacific Fruit consisted of an office manager, who always smoked a cigar, several salesmen, an accountant and Ernest. Unfortunately, after a while, economic problems flared up once more and they had to reduce their staff. They let Ernest go.¹

Fay told their experience after losing the job at Pacific Fruit:

“The few months between jobs at Pacific Fruit and Montgomery Ward, we had a period of starving. We were very poor and lived on potatoes and onions. I learned how to prepare and cook onions many different ways to try to add favor and variety. We went to visit Betty and Paul, I could see steak and all sorts of good food on the counters. Betty would offer us cake. I was very grateful, but longed for the meat all the while I was eating cake.”⁶

Finally, Ernest got a job at the Montgomery Ward store in Idaho Falls. He was in charge of the paint and wallpaper department. This was likely a seasonal position that would end after the holidays. At the end of the year there was a reduction of force and Ernest was out of a job once again.⁸ Fay was now expecting their first child so they decided it was best to return to Salt Lake City.

Ernest Martin Chamberlain, Jr. born March 20, 1940

Fay was expecting their first child in March and the struggling couple were welcomed into the Barney home. On January 3, 1940 Archie wrote, “We expect Fay and Ernest to come from Idaho Falls soon.” They met Fay at the station on January 6 and Ernest came on January 11. “Ernest and Fay staying with us for a while.“²

On January 17, Ernest had some work with an accountant down town for a few days. Fay got to see Dr. Andersen for an examination on the 23rd. Jack and Ruth Chamberlin had dinner at the Barney’s on the 24th. On Feb 1, Ernest went to Henager’s (business school) all day where he apparently began a course on short hand. That evening, he spent two hours at an Army meeting. Ernest was expecting to go with Mr. Teal to Roosevelt to see about some work, but Mr. Teal called on Feb. 8.  He said the position was filled.²

On March 19, Archie came home from work early in the afternoon as Fay was not well. Archie, Livonia and Ernest took her to the hospital where she was admitted at 5:20 pm. They stayed quite late, Ernest stayed at the hospital all night with Fay. Archie and Livonia were worried and didn’t sleep well that night.²

The next morning, Dr. Andersen took Fay into the delivery room. He sent Ernest into another room to rest. The baby was born at 10:55 am, March 20, 1940. The father and the grandparents were exhausted, but mother and baby were doing fine.²

Three apartments and a job

Ernest was taking classes at the business college and Grandma Livonia Barney was having fun taking care of her first grandchild. But it was not an ideal situation for a young married couple to be staying with the parents.

On April 22, 1940 Archie took Fay out to look at three or four apartments. On April 23, Archie wrote: “We rented an apartment at 89 M Street for Fay and Ernest.”²

Ernest found a job at Nelson Ricks Creamery in August 1940 and in September they moved into the Olive Apartments at 24 South, Third East. They moved again to the York Apartments 310 South, Seventh East in July, 1941.⁸

Rumors of war

Ernest and Fay planned a party for a large group of their new friends on November 15, 1941. Ernest went to great lengths to be sure their guests had a good time. For one game, he blew out an egg and painted the shell like a football. The object of the game was use straws to blow the football through the opponents goal posts. The seven couples had a delicious dinner and seemed to have an exceptionally good time.⁹

The family was happy. The job at Nelson Ricks Creamery was going well. It was the first job since Ernest graduated from the U of U that lasted over one year. However, clouds of war were forming that could change everything. On November 17, Ernest heard a news report that a German merchant ship was captured by US ships. It was flying an American flag in an attempt to run the British blockage. “And so it goes,” Ernest wrote, “each day getting a little nearer to that which seems inevitable.”⁹

Ernest was right, in three weeks the nation would be at war.

To be continued…..

28- Ernest M. Chamberlain after Pearl Harbor

29- Ernest and Fay Chamberlain Family During WWII, 1942

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

References:

1- Ernest M. Chamberlain autobiography

2- Archie F. Barney, A Collection of Barney Journals transcribed by Deanna Chamberlain Grant and others

3- Life of Fay and Ernest Chamberlain through WW2, part 1, on CD. Recorded in England June 25, 1994 by Lyle Brent Chamberlain.

4- Fay’s box of letters 1933-37

5- Fay Barney notes written on gum wrappers, 1935-36

6- Fay Barney experiences told to her daughter, Deanna Chamberlain Grant in 2008. Recorded in Barney Journals.

7- Lara Chamberlain, Conversation with Grandma and Grandpa (Fay and Ernest Chamberlain) From About 2008.

8- Ernest M. Chamberlain, Statement of Personal History (Approval Expires October 1, 1953) Two different undated statements with some errors and variation. One cosigned by Thomas E Shaughnessy, the other by Kirk L. Brimley.

9- Ernest Chamberlain, “Year Book” November 14, 1941 – August 16, 1942

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

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

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

Saturday, October 11, Murder on Nineteenth East

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

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

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

Sunday, October 12, Morning headlines

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

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

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

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

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

Motive of robbery is suspected

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

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

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

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

Mark Collins arrested for the murder at 9 pm

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

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

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

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

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

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

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

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

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

Mrs. Collins Story

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

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

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

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

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

The Sheriff’s theory

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

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

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

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

Map of south-east Salt Lake City

Finger prints on steering wheel

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

“You placed that there to frame me”

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

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

Trouble in California

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

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

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

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

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

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

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

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

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

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

Embarrassment for the sheriff’s department

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

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

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

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

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

Wednesday, October 15, First degree murder charged

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

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

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

Incriminating evidence from Oregon leads to speculation

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

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

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

Thursday, October 16, Possible blood stains

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

East by north-west

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Thursday, October 30, Preliminary Hearing begins

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

Collins’ mother collapses

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

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

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

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

Friday, October 31, Muddy footprints, clean shoes

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

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

The officer said they have less mud on them now.

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

Saturday November 1, Leslie Meredith cannot positively identify weapon

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

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

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

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

Monday, November 3, Mary Collins exonerated

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

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

Army .45 automatic admitted as evidence

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

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

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

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

My commentary on the news coverage and the evidence

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

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

What were results of finger prints and blood stain tests?

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

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

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

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

What really happened in Oregon?

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

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

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

Collins was right!

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

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

What was the precise time of the murder?

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

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

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

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

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

The Buick roadster was not found until Sunday morning

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

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

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

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

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

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

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

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

The exact time of murder not established

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

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

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

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

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

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

State must prove murder case “beyond a reasonable doubt”

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

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

Defense attorney Callister cross examines Sheriff officers

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

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

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

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

Collins may face Robbery charges in California

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

Jury visits murder scene

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

Expert testifies gun gave slugs bore markings

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

State rests its case

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

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

Defense springs a surprise

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

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

Large crowd gathers Wednesday morning to wait for the verdict

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

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

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

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

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

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

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

Discrepancies between the two trials examined

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

McQuown’s widow spectator at trial

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

Court rules out all testimony of bullet expert

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

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

Forensic ballistics

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

Harry Chamberlain takes witness stand

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

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

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

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

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

Chamberlain important to the defense

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

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

Confirmation of Harry Chamberlain’s testimony

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

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

Closing arguments

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

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

The missing witness

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

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

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

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

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

A warrant for Collins arrest for the Chico robbery

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

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

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

Collins acquitted of murder charge

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

“Not guilty.”

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

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

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

To see other stories click here:  Table of Contents. 

Thank you, Dennis Chamberlain

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

References:

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