Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-22
THOMAS IS DISCHARGED
Justice Duncan Holds Evidence
is Not Sufficient to Prove
Murder Charges.
A Motion to Discharge the De.
PENDANT Argued and is
Sustained.
Prisoner Declared He Never Had
Doubt as TO Outcome
of Case.

conclusion of the presentation of the
states testimony.
When Judge Spurrier announced
that the state had made it's case and
rested, William McHenry, for the de-
PENDANT, field motion to dismiss.
The motion was as follows:
Now comes the defendant, Charles
Thomas, and moves the court, the
state having rested, for dismissal of
the information. 1,
"First-Because the evidence in this
case fails to establish the allegation of
the state that Mabel Scofield was
murdered.
"Second-That il the evidence does
establish the fact that Mabel Scofield
was murdered, the state has failed to
show that reasonable grounds exist
for believing that she was murdered
by this defendant"
Mr.. Henry announced that he waiv-
ed the opening argument. whereupon
Judge Spurlier expressed a desire to
be heard and the court announced he
was willing to hear his argument.
Judge Spurrier argued that from the
testimony of Chemist Macy and of the
physicians who were called that Mabel
Scofield came to her death by choral
hydrate poisoning. He argued that 1t
had been shown by one witness for the
state that Mabel Scofield had been in
the Thomas home the morning of her
disappearance after she had left her
mother al the depot and that Thomas
had admitted to Police officers Hook
ersmith and Miskimen that he had
gone to the house at 7:30 that morn
ing. He argued that the state had
shown by Ed Cross that on the day of
Mabel Scotield's disappearance, and at
6 p. m. the defendant had said that
Mabel Scofield was missing and could
not be found and that 1t had been
shown on the other hand that he had
no opportunity for learning this ex
cept thru His guilty knowledge until
he had arrived home, when he was in
formed of her failure to come home by
Maggie Hammond.
He argued that the evidence that de-
PENDANT had bought poison on the two
days preceding the disappearance was
further evidence of murder and in
sisted to the court that the state had
established n case from which the de-
PENDANT could not hope to escape.
During the course of his remarks he
stated that If blame was to be attached
because Of his conduct in the trial that
he hoped it would be placed upon him
and not upon the state, and said that
he was willing to shoulder it. He re-
ferred to the defendant as a "braZen-
faced and insolent murderer" and in
of the evidence to be intro
duced by the defense should the motion
be overruled, said that he expected the
defense to try to refute the states tes-
by that of a lot of low-down
men and women. Incidentally he paid
his compliments to Mr.. McHenry in a
not uncertain way.
In replying. Mr. McHenry started by
saying that he was proud to be able to
say that the fair-minded people Of the
were not to be burdened
with the responsibility for this prose-
cution and the acts of the attorney who
conducted 1t, inasmuch as he had seen
fit to assume responsibility for himself.
and roasted Judge Spurrier for his I'M
complimentary reference to the friends
OF the defendant, who, out of the kind
ness of their hearts, had come to his aid
in his time OF trouble and We're In court
to aid him as thye saw fit. He said that
he had nothing disparaging to say OF
the witnesses for the state. that he
thought they had told the truth as they
saw 1t, but added that he thought that
at least one woman had shown (refer-
ring to Mrs. DEAN by her demeanor up |
on the stand that she was weak minded |
to say the least. OF the testimony of !
Gross he said that he believed that
Gross had stated what he believed to be
the truth. but that the conversation to |
which he had referred had occurred |
twenty-four hours later than the time |
fixed by the witness. He said that to
controvert that he was willing to accept |
the statement of Maggie Hammond, the
states witness. who had testified that I
defendant was at home at the identical |
time at which the state claimed the con-
with Gross took place. that |
her testimony had shown conclusigely
that he was at home when 1t was claim
ed he was trying to dispose of the body
on Sunday morning: that, in fact Mag
gle Hammond had testified that he was
there when Mrs. Dean said she saw him
twenty blocks away going to the place
where the body was found, which was
still mile further away from home,
and claimed that Mrs Dean was mis-
taken as to whom she saw.
Justice Duncan said that he would |
rule on the first portion of the message
only; that he was satisfied that evil
dence had not been submitted to prove
beyond a reasonable doubt that crime
had been committed, or to create a pre-
in his mind sufficiently strong
to warrant him In committing the de-
PENDANT He ordered the action dis
missed and the defendant discharged.
Thomas did not seem greatly con-
cerned at the action of the court. He
reached over to shake hands with his
attorney and to thank him and then
turning. he embraced his sister and his
sweetheart who We're with him, shook
hands with his father and few of his
friends who We're in the court room and
started for home with his sister and
Miss Van Gorder.
Later on he said: II never had any
doubt as to the outcome of the case. l
realized there We're some things oc-
Cured about that time might be called
upon to explain, but thought they had
been sufficiently explained by the in
designations had before the grand jury.
was and am still prepared to account
FOR my actions and to state where / was
from Friday, October 20, to the after
non Of Sunday, October %, after the
body was found, and to prove my