Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-02-27
LOOK FOR ACQUH1A[
General Belief That State Has
Not Proved It's Case In the
Lavelleur Trial
THE EVIDENCE is NOW ALL IN
Arguments to the Jury Were Begun
This Morning and the Case Will Go
to the Jury Tonight - Mystery of the
Killing of Frank LaveIIeur May Not
be Solved.
Special to Times-Republican

Special to Times Republican.
Newton, Feb. 27.-Argunents to the
jury are being made today in the trial
of Mrs. Frank Lavelleur for the alleged
murder of her husband, the taking Of
evidence having been concluded before
adjournment yesterday. Attorney G. NJ.
Trip began his argument this morn
ingand atthe noon hour was still speak
ing. He will be followed by McClain
for the defense, and County Attorney
general opinion here is that the state
has failed to make out case sufficient
ly strong to warrant conviction of Mrs.
Lavelleur. The testimony of the ex-
perts and others indicate that some one
killed old man Levelleur and set fire to
the barn to cover up the crime. There
is an element of doubt, however, and
among those who have attended the
trial there is general expectation that
the defendant will be acquitted. 1t is
expected that the case will go to the
jury tonight or Saturday morning.
DIR. Boyd, who was recalled yester-
day by the defense for further cross-eN
animation, explained that blood might
flow from a burning body, from por-
ton not burning, if the body was not
dead. Not usual but possible for blood
to flow from mouth and nostrils of per-
sons suffocating. On redirect examina-
ton the doctor said 1t would take an
intense heat to burn the limbs of such
a person as Mr.. Lavelleur in an hour or
such matter. And on re-cross- exam
ination it was shown that body is
consumed in crematory in a few mo-
ments.
Dr. E. f. Besser was then called for
the defense. He testified to being called
to the undertaking rooms to examine
the body found in the fire at the Lavel-
leur home. Found the soft tissues on the
head We're burned excepting on the
back. The neck. chest, abdomen, ETC.,
were burned. The legs and arms We're
off at about the lower third of the thigh
and upper part of the arm. Testified to
the holes in the temples. The brain was
charred opposite these holes, otherwise
normal. Found one foot, either right or
left. thought 1t was the right. Witness
then described the construction of the
skull, stating that the outer walls We're
burned away and the inner wall WIS
removed with the fingers and the brain
removed. Discovered no blood clots. a
human body, either dead or alive. with
in such fire. would burn thru first
where there was the least resistance.
Witness thought holes in skull We're
burned thru. That portion of the limbs
destroyed was probably destroyed by
fire. Blood would flow from wounded
body after death. Blood would probably
flow from nostrils, mouth and ears of a
body after suffocation. On cross ex-
animation witness admitted that he
did not base this opinion on any au-
thority or experience. Based upon be-
lief that In an effort to get air a person
suffocating would probably rupture
blood vessel. Witness said that the
bone of a mans leg would burn just AS
quick and with the same amount of
heat that would burr the flesh off the
bottom of the foot. Witness thought
there was no reason why there should
be blood under the head any more than
less there had been some injury to the
head.
Henry Meyers, son of the defendant
was then put on the stand. He resides
two miles northeast of this city. He
described the construction of the barn
that burned, and the fact was brought
out that there was a hayrow over all
the barn. probably to show that there
We're tirnbers above heavy enough to
have fallen upon and injured Mr.. La
velleur.
The defense then offered to rest, pro-
vided it would be conceded that a re-
ward Of $3.50 had been offered for the
apprehension and conviction Of the
murderers of Frank Lavelleur. This
the state declined to concede.
1T was thought for time that the
defendant would go upon the stand.
but her attorney decided not to use
her, which was decided disappoint
ment to the crowd in attendance. At
ter considerable sparring and con.
ferring, court adjourned until after
dinner.
Immediately upon reassembling in
stead of putting on further witnesses.
the defense announced that it would
rest it's case. Thereupon d. d. Good
hue was recalled in rebuttal by the
state. He testified that when Henry
Agnew and l.. a. Wells got to the fire
it was after everything had been
burned and cleared up. On cross-eX-
animation he admitted that ne didn'
know when they came. and was not
positive that Wells was there at all.
l.. j. Miller was recalled, but his ev-
idence was not important, save that he
picked up the ak and handled it before
the sheriff arrived.
Dr. j. r. Gorrell was then put on the
a man had suffocated in q burning
building and had fallen he would not
bleed There could be no hemorrhage
from a wound burned thru the tenn
pie, excepting watery serum from
adjacent tissue. A man suffocated in
a burning building would probably not
bleed from the nostrils, mouth and
ears. tho there might be difference of
opinion about this There would be no
blood that would coaguate escape
from holes burned thru the temples 1t T
would require more heat to burn the
leg bones of man than the skull. A
skull and some leg bones were then
into court and made the sub /
|ect of much discussion, While the !
srowd hung upon every word and
strained to catch every gruesome detail |
However these We're not admitted as
,vidence.
ON cross eya mi na tton he doctor srava |