Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-21
IHE S|jHOF|ELD CASE
Attorney for the State Accuses
Justice Duncan of Making
Unfair Decisions.
Wranele Over Evidence Estab'
fishing Identity Of the Dead
Girls Stomach.
Professor Macy Not Allowed ia
Give Results Of Chemical
Analysis.
Special to Times Republican.

Special to Times Republican.
Des Moines. Jan. 2l-Most of the day
Monday in the Mabel Schofield case
was taken with evidence and arguments
as to the identity of the stomach sought
to be introduced in evidence as that of
the. dead girls. The state finally sue
ceeded in satisfying the court beyond
reasonable doubt that the stomach was
at it was purported to be. that Of the
unfortunate girl.
On account of the objections raised
and sustained by the court, Judge
Spurl-ier openly accused the court of be-
ing partial to the defense. In his re-
marks to the court Judge Spurrier said
he knew McHenry would fight him In
the introduction of witnesses To his ad-
vantage, and that ne mad already a
line of low down." Matched up" evil
dence to introduce in rebuttal OF the
states evidence. He said he had never
been guilty of putting up job to clear
a client of crime, and that he was never
in the habit of coercing the court into
showing partially to his advantage. He
said he could not understand upon what
grounds the court decided to sustain
objections to the admission of evidence
of statements made by Mabel Schofield,
Coroner Ankeny and grand jurors as to
the action taken by the grand jury as
offered by Mi. Beeks.
Resum!ng his testimony of Saturday
Professor Macy told of having receiv-
ed from the grand jury the receptacle
said to contain the stomach of Mabel
Schofeld January rs, 1901; of having
placed ON the bottle the stamp or the
state board of health. along with the Ia
bells by the grand jury and by Coroner
Ankeny. This was objected to several
times by the defense, but overruled by
the court.
Professor Macy was then asked to
state what results he had had thru the
analysis. Witness said he had tried two
or three experiments the day following
receipt of the stomach. and had con-
tinued the experiments up to abGt
month ago, when he had concluded his
analysis.
Asked to state what he found in the
stomach of the character of poisonous
substances, the witness was ready to
testify when again interrupted by
vigorous objection raised by the de-
Tense.
Il object" said Attorney McHenry.
upon the ground that this stomach has
not yet been proven to be that of Mabel
Schoheld, and the evidence given ! is
hearsay and incompetent
The objection was sustained.
rier, and he became very excited. Il
want to say to your honor" said he,
that ! passed a greater part of Friday
night looking up authority with WHICH
to convince you that the last statements
made by Mabel Schofield are admiss-
able as evidence. 1t was unnecessary
that | should have done this. no one
else would have required It, and now,
when l secured the adjournment of
court Saturday until this morning. in
order to find evidence to establish the
identity of this stomach as that of Ma
bel Schofield, and introduce sworn
statements of the action of the grand
jury to that end. objection is raised
and sustained.
II can not understand it. and l can
not see my way clear to continue this
prosecution unless you will exercise
some reasonable concessions of the
rights of the prosecutor. Ii this defend
ant is innocent, why does his counsel
insist on Directing to the evidence of
competent witnesses for the state and
grand jury? If he knows his client is
guilty, why does he refuse to allow us
to get at the truth of this case, when it
is so apparent?
II have never in my life heard of an
other case of such absolute one sided
ness as this. | can not go any further
with this case, unless you will give me
4 statement as to the way in which l
may try the case along lines not OBJ
jected to and according to your judg-
ment as to what is competent testimony
and what is not. Simply tell me what to
DO and l will accede to your directions
and continue the case.
Justice Duncan refused to reply and so
stated, whereupon Judge Spurrier asked
that court be adjourned until he could
collect evidence to establish the identity
of the stomach positively, and adjourn
ment was taken to 3 o'clock Monday
afternoon, witness being excused until
that time.
1t is matter of record that the stom-
ach of Mabel Scofield was taken from
the establishment of Undertaken j. L.
McDermott at the time the coroner's
jury handed in the findings to the effect
that Mabel Scofield came to her death by
unknown means. 1t is understood the
late Coroner Ankeny had little faith in
the possible Importance of this stomach,
and only under the advice of one of his
associates did he retain it as the prop
erty of the state. Having no place of
convenience in which to keep this Stom-
ach in safety, the coroner gave 1t to his
nephew, Mr.Webb Souers,for safety. Mr..
Souers, In turn, delivered it to the grand
jury, who, in the course of the examina-
ton of the case, submitted it to Profess
sor Macy for his chemical analysis. AT
the time Professor Macy received the
stomach he had three similar cases from
different portions of the state, but each
stomach was distinctly labeled, and at
no time were the contents of any of the
bottles containing the stomachs assoc
ciated one with the other.
The adjournment gave the prosecution
ample time to produce sufficient evil
Gence as to the identity of the stomach
examined by Professor Macy as that of
Mabel Scofeld. Much interest was CEN
tered in the Identification, and things
were said by the defense to induce the
belief that there was slip in the chain
and it was possible the exact identity
could not be established. This did not
prove true, however. 1t was practically
woven by expert opinion of three differ