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-2- ‘ Subsequent investigetion discloses that the house in which Underhill hed been loceted hed been sub-let by Hatley Smith to one Ralph Rowe, who, with Eva Mee Nichols, was occupying the premises on the night of December 29, 1933, when Underhill and his wife, Hazel Hudson Underhill arrived there. As e& result of the shootinc, RelpiRore, and Eva Mae { Nichols were wounded, end through srrengements mede by the Agent in Cherge of the Oklahome City Office of thie Division, they were cerried to the Shernee Municipel] Hospital. On the morning of December 31, 1933, the Nichols roman succumbed from the wounds received. Had she lived, criminal proceedings would heve been instituted against her on cherges of harboring a fugitive, Underhill, for whom a werrent of arrest hed been issued, a On Januery 24, 1934, complaint was filed before United States Comnissigner Eecock, et Oklehoma City, Oklehome, charging Relph Rore and Elmer 4. Ponca, with Conspiracy to herbor Underhill, and at the preliminary heering Held Februery 8, 1934, sufficient evidence res presented to United Stetes Commissioner George J. Eacock to hold Rowe for the action of the Federal Grand Jury. No further prosecutive action has bcen taken with respect to Rore. Investize tion discloses that Eva Mae Nichols was occupying the seme bedroom wlth Relph Rore end that Underhill and his wife were occupying en edjoining bedroom at the time the officers arrived at the house. Respectfully, KP R, E. Newby