Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1902-01-17
THE TRIAL Of THOMAS
Preliminary Hearing in theMabel
Schofield Murder Case at
Des Moines.
Mother and Brother of the MUIR
dered Girl to Attend the
Trial.
Defense Claims Evidence Will
Be Insufficient to Hold
the Defendant.


the Mabel Schofield murder case In
which Charles Thomas is accused OF do
ing away With the girl have been sum-
moned. and 1t is the intention to to pro-
coed with the trial this morning in the
court of Justice iris. The McHenrys
will file motion for a change of venue
to the court of Justice Duncan. Justice
iris said yesterday he would sustain the
motion. 1t has been arranged by the
attorneys to proceed with the case,
therefore, before Justice Duncan at 10
o'clock. This may fall thru, but that
was the plan last night.
Mrs A. G. Schofeld and her son,
Clyde, mother and brother Of the girl,
came from Macksburg last night to tes-
tify. They had nothing to say to the
public. They do not entertain convic-
ton as to the guilt or innocence of
young Thomas and only want justice
done.
The state will subpoenae forty Wit
nesses and the defense twelve or fifteen.
None of the latter may be put on. MI.
Will McHenry said yesterday: 1T is for
the state to prove Thomas guilty. not
for him to prove he Is innocent. IL the
states case requires him to make de-
tense, it will be made Mr. McHenry
again stated that he had not made an
attack on the character of Miss Scho-
field, and the defense did not intend to
and never had.
Mae Bowen said yesterday that she
spent a part of the Saturday that the
girl disappeared with young Thomas at
his home. She is ready to testify for
him.
No other evidence developed.
II fthe state proves beyond reason
able doubt everything it has claimed 1t
will be able to prove, it will not have
made a case against Charles Thomas
for the murder of Mabel Schofleld Sup
pose he did buy boison of A. r. Hansen
as claimed? What If Mrs. Dean and
forty other women saw two men and
woman In a hack or in a carriage. on
the night of October 81, 1899, or the fol-
lowing morning? What IL the analysis
does show that the stomach OF Mabel
Schofield contained poison? What II
Thomas is unable to explain his where
abouts the afternoon OF october q and
the night following? Does this prove
that he killed Mabel Schofleld?
The state Will have to show that he
was with the woman by persons COM
petent to identify both of them, or show
made by him, and 1t Will
have to prove this fact by more than
one person. When this is done the
for the charge has been es-
tabllshed, provided OF course 1t can
prove everything else it has claimed.
Thomas Will not have to prove the alibi
until evidence of this character goes in
against him. When the time comes,
however, he will prove his whereabouts
from Friday at 6 p. m. to the noon of
the Sunday on which the body was
found"
Such was the statement made by w.
H. McHenry, counsel for Charles Thorn
as, charged with the murder of Mabel
Schofield. Further than this Mr. Nc
Henry said he did not care to talk, ex-
cept that he wanted to say that the alibi
has not been broken; that on the other
hand it has been strengthened. Evil
on the preliminary today for the purpose
of drawing out the testimony of the
sttae. Mr.. McHenry as much as said
this. He said that at the conclusion OF
the states case motion to discharge
will be filed and that when this is over
ruled there will be time to decide what
the policy Of the defense will be- He
said that the witnesses for the defense
vii be subpoenaed but felt confident
that unless the sttae can prove more
than 1t has alleged there will be no me-
cessity for putting them on.
The defense subp9naed fifteen to
twenty witnessed.
Fred Johnson, former chief of police,
who in his official capacity Investigated
the Mabel Scofield case at the time the
body was found. called on Mr. McHenry
yesterday, and later had talk with M.
A. Press. Mr.. Press is not ready to tes-
tify that Thomas drove to the kahler
funeral on the morning Mabel disap-
Feared. He remembers, however, that
be drove into the barn that noon, and
that he told him to go to his home and
sleep, as he wanted him to work that
night He also remembers that Thomas
did not return that night and that
Charles Patti went to work in his place.
The defense wanted Mr.. Johnson to
talk with Press and refresh his memory.
Mr.. Johnson said that at the time Of the
the charges that have
oeen made against Thomas at this time
we're brought to his attention, and that
ne looked them up. He says that Mr.. |
Press told him on Oct &c, five days fol- |
owing the disappearance, that Thomas
rove to funeral for him on the morn
rig of the disappearance and did not re-
urn until noon, when he went home, |
that he was sick. Mr.. John |
,cn also ascertained to his satisfaction |
hat Thomas did go home and remained
here until the next morning.
The defense found one other witness
those name was not divulged yesterday,
Who will testify, if it is necessary that
,e was in the Press barn hitching up |
sam he boarded there Saturday morn |
ng, that he talked to Thomas, and that I
he saw Thomas get onto a hack and
rive out of the barn.
Attorneys for the defense called at the |
bureau yesterday and looked up
he weather record for the week preced-
Lg Oct 81. the day upon which Mabel |
Later the purpose of the
.efense developed. AT the time the body
vas found tracks of pointed shoes were
ound in the muddy bottom of the bayou
.etween Boatman's Island and the
mainland a short distance below where /
he body was found In the river. There
re two or three witnesses to this fact.