Is it time for Alvera to finally get her day in court?
October 19, 1928
Alvera appeared before Justice George W. Holbrook for her preliminary hearing. During this hearing, the two “mystery witnesses”, George Simmonds and L.C. Thomas, retold their stories as did Police Investigator Ed Poppett, neighbor Tekla Merget, and two other witnesses who talked to Fred prior to his murder. It should also be noted that that under cross-examination by the defense, George Simmonds admitted that Fred had been to Simmonds house two times on the morning of that fateful day. Fred had asked George for a drink and George, although uncertain, believed that Fred drank some beer that George stored in his garage. The second time, Fred came back with some friends. George also said that he believed that Fred was not drunk in the morning or when he saw him later that night. It was also noted that Alvera frequently placed her head in her hands and gazed at the floor.
Accused Wife To Face Trial, The San Bernardino County Sun (San Bernardino, CA), October 20, 1928
Ultimately, Justice Holbrook found enough evidence to proceed with the criminal complaint and Alvera was bound over to the San Bernardino Superior Court for her arraignment hearing.
October 29, 1938
The day of Alvera’s arraignment has arrived. This is where she will enter a plea in San Bernardino Superior Court before Superior Judge Charles L. Allison. During this hearing, Alvera maintained the same stolid composure that she has exhibited from the beginning of this case. Alvera’s attorney, Frank T. Bates, entered a plea of not guilty for her and asked that the case go to trial. Superior Judge Allison accepted Alvera’s plea and scheduled her trial date. He also ordered Alvera to remain in jail with no bond.
Date Set For Accused Mate Slayer’s Case, The San Bernardino County Sun (San Bernardino, CA), October 30, 1928
The date of November 26, 1928 was selected for the trial date. Before the trial began, the prosecutor stated that the State would be seeking the death penalty in this case. The feces just got real in Alvera’s life.
November 23, 1928
Undersheriff T.O. Carter completed assembling the venire, which was composed of 75 residents of San Bernardino. Carter said he chose them from the west side of the county, as they were probably less likely to be familiar with the case. The jury will be selected from this pool on November November 26, 1928.
November 26, 1928
Day 1 of Trial
Jury selection starts for the trial of Alvera Schlosser. Some of the questions asked by Alvera’s lawyer, Frank T. Bates:
Venire Questions, The San Bernardino Daily Sun (San Bernardino, CA), November 27, 1928
Venire Questions, The San Bernardino Daily Sun (San Bernardino, CA), November 27, 1928
The state, represented by District Attorney George H. Johnson and Chief Deputy District Attorney C.O. Thompson asked if the prospective juror would return their verdict on testimony which might be, in some degree, circumstantial. They also asked prospective jurors if they had any conscientious objections to the death penalty. One woman from Colton, CA stated that she had reservations about the death penalty. She was promptly excused from jury duty. At 5:00 PM, the court was adjourned and four women and eight men were in the jury box. However, the defense had only exercised 6 of its 20 challenges and the State only four. A full jury was not considered to be completed yet and the jury selection proceedings would continue the next day.
Juror Quiz Hints At Self-Defense, The San Bernardino Daily Sun (San Bernardino, CA), November 27, 1928
To be clear, it appears that the State will be the death penalty and Alvera’s defense will be one of self-defense. Her lawyers also stated their intention to have Alvera take the stand in her defense.
November 27, 1928
Day 2 of Trial
It’s not mentioned in the newspaper articles, but the jury selection process was apparently quickly finished on this day and the actual trial was started posthaste. The jury consists of five women and seven men, from all over San Bernardino County. The alternates, a man and a woman, are also present in case of illness among the other 12 jurors. The jurors names are printed in the newspaper, but they won’t be reproduced here. There really isn’t any need for that. It’s kind of creepy that newspapers used to report the juror’s names in articles during an active trial. Also, nothing is reported in the newspaper pertaining to opening statements by the counselors, but I’m sure that happened. The State called their first witness to the stand, Surveyor Howard L. Way. Way introduced a map of the Schlosser home on Arrowhead Road.
The State then called George Simmonds to the stand. Remember him? He is “mystery man” number one.
George Simmonds Testimony, The San Bernardino Daily Sun (San Bernardino, CA), November 28, 1928
OK, that seems pretty cut and dry, right? Simmonds has officially testified again (He has kept this story all along) that Alvera shot Fred without any provocation.
George Simmonds Testimony, The San Bernardino Daily Sun (San Bernardino, CA), November 28, 1928
Well, now Simmonds memory (and testimony) seems to be a little foggy, Some natural questions to this scenario would be: Which story is true? Or did neither of those scenarios happen?
Simmonds continued on relating that Alvera told him to go in the house to call a physician. He instead called the police. He explained that the room was dark and he couldn’t read the phone directory, however, he saw the number for the police station so he called it. After he placed the call, he exited the house and Alvera told him that he “better beat it.” During cross-examination, he also admitted that he was so excited by the situation that he couldn’t even remember which direction he had left the Schlosser property.
Simmonds also testified (Again) that Fred had been at Simmonds’ home that morning and had drunk an unspecified amount of beer, but was not intoxicated when he left or when Simmonds saw him later. After Simmonds’ testimony, he was dismissed and court was adjourned for the day. Simmonds’ may be back on the stand at that time.
Mystery Man Doesn’t Know Who Shot Man, The San Bernardino Daily Sun (San Bernardino, CA), November 28, 1928
What happens to Alvera next? The State is still presenting her case. When it’s the defense turn to present their case, what will Alvera say in her sefense?
You will see you soon with “The True Ballad of Alvera Schlosser- Part VI” and we will continue to find out what happened at Alvera Schlosser’s trial.
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