Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1897-11-25
TRIAL OF FRANK NOVAK.
Great Interest in the Case Mani
tested All Over the State.
The Charge Is the Murder of Edward
Murray mt WalfOrd-Testimony
of the Various Witnesses
from Day to Day.

vinton. Ia. Nov. 16.-The state rested its
case In the Novak murder trial late yes
terday afternoon, and the defense had two
| ment The counsel for the defense devoted
large part Of the forenoon to an effort
| to impeach the evidence of the witness
Perrin by his cross-examination.
In the afternoon Drs. c. c. Grien ard J.
p. Whitney, Of Vinton, who made an ex-
animation Of the skull of Edward Murray
after the body was exhumed and the head
| severed, testified that on the right side of
| the head there was evidence Of fracture
| They also testified that there was a blood
clot to the right and back Of the brain.
They expressed the opinion that this blood
| clot could not have been produced except
by an injury before death.
The Seventh Day.
Vinton. Ia, Nov 1.-THE taking of EVIL
dence for the defense occupied the time
| yesterday in the Novak murder trial. John
Stusak. an old employe of the Novaks.
| testified that he and John Dusil went into
the ruins on the night following the fire
and turned off the valves in the boiler
ROOM They feared the gas might escape
and cause an explosion. The witnesses for
the state testified they found them shut
and that they had been weld ed together
by the heat. so that 1t was impossible to
open them.
The most interesting testimony was that
given by DR.. J. T. Woitishek. of Cedar
Rapids The defense proved by him that
| Novak learned from him the amount of
morphine needed to drug whisky enough
to put burglars to sleep. However, the
doctor said he told Novak not to do it and
would not give him a morphine prescrip-
ton.
The defense proved that Novak did not
conceal his actions at Iowa City the night
after the fire. when he left for Omaha,
by the testimony of G. HI. Burkheister,
formerly operator there. and James Small.
baggageman. Annie Zabortski. the de-
PENDANTS sister, and her husband, Charles
Zabortski, testified that they carried
stock of goods worth between $4,000 and
$1,000, upon which there was insurance Of
500; that the building was worth nearly
$4,000 and was insured for $4,000
The Eighth Day.
Vinton, Ia, Nov. 1S.-The defense In the
Novak murder trial continued yesterday.
One of the most suspicious circumstances
connected with the finding of the body of
Edward Murray in the ruins Of the Wal
ford fire was the fact that an Identification
check, pair of scissors and other articles
belonging to Frank A. Novak were found
in the ruins near the dead boy Yesterday
the defendants mother testified that while
she was in the sleeping-room on the day
before the fire she found a pair of pants
which he wore on the day before and which
he tore badly while jumping over fence
to separate some fighting dogs which had
frightened the children. She said that
when she placed them on a lounge near by
that there was something in the pockets
which ratified.
Mrs. Frank Novak, wife of the defendant.
testified that their home life was happy
one, and that Novak was a good husband.
Several witnesses were on the stand who
contradicted the states witnesses and tes-
T, titled that when the cot and dead body
were taken from the boilerroom after the
fire there was quantity of debris under 1t.
John w. Nolan testified that he was told
by robber who had been captured few
weeks ago that there was an organized
gang in that vicinity and that they had
planned to rob the Novak bank among
other places. Members of the Novak fam
lily testified that the bottle of morphined
whisky was kept in bank vault and not in
the store.
The Ninth Day.
Vinton. Ia, Nov. 19.-The feature of the
Novak murder trial yesterday was the
testimony of Mary A. Novak, who took the
stand in behalf of her husband. The wife
described the interior of the bank building.
how it was divided, the location of the
rooms, vault, counter, windows and doors:
She said: MY husband was at home all
day. Sunday afternoon before the fire. He
had on his everyday trousers. A strange
dog came along and got to fighting with
Franks dog. He started out to part the
dogs, and jumped over the fence. AS he did
so he tore his trousers. He did not go to
the store until he was ready to retire. He
was back to breakfast, but had changed
his trousers. He had on a still darker pair.
II, is admitted that the prisoners wife
made a very strong witness for her hus-
band and materially weakened some of the
strong points in the states evidence.
Fred Feyerbrand. of Walford. testified
that he was standing six feet from the body
when it was exposed in the ruins, and that
there was nothing on 1t. This was direct
contradiction of the states evidence. j. w.
Nolan, station agent in Walford, also tes-
titled to the same effect, being very positive
that there was nothing on the body when 1t
was exposed in the debris.
Evidence was also introduced to show
that Novak went away because the gas in
the burning store building caused temper
ary insanity. Prof Andrews, of the state
university, and DR.. Carroll chemists, tes-
titled that the gases in a fire Of wood and
coal would cause temporary insanity in
one awakened from sleep as Novak was.
They said that such gas might cause one
stupor.
The Tenth Day.
Vinton, Ia, Nov. 20.-The Novak murder
trial was full of surprises yesterday and
was brought to sudden and unexpected
termination. When court adjourned Thurs
day evening it was the intention Of the
counsel for the defense to place Novak on
the stand yesterday to testify in his own
behalf. After two or three unimportant
witnesses had testified Judge Ney, Of the
defense, asked for a short recess at ten
o'clock. This was granted, and the attor-
neys for the defense retired for consulta-
ton. 1t was expected that when they e.
turned they would place Novak on the
stand, but Mr.. Miller, chief counsel for the
defense, Unexpectedly announced that the
defense would rest.
When two o'clock came the state had
been able to get but four witnesses here.
Drs. Griffin and Whitney were called to the
stand and the state sought to introduce in
evidence a portion of a medical work. The
defense objected, and the court sustained
the objection.
Mr.. McQuilken and Mr. Schloeman, men,
bers of the grand jury, were called to the
stand and testified that Joe Shunka and
Charles Zabortsky, witnesses for the de-
tense, had testified differently before the
grand jury than they had In this trial. The
state had no more witnesses present, and
the court would give them no more time, so
they were compelled to rest their case.
County Attorney Tobin at once began the
opening argument and had not closed when
adjournment was taken. There will be four
arguments, and 1t is probable the case will
be given to the jury late Monday after
noon.