Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-01-27
Secures Admission of DR..
Morse's Testimony In Re-
gard to Illness
srArE MADE STRONG OBJECTION
Claimed That Any Statements Made by
Mrs. eIydenbursh to Her Family,
Physician Were Privileged and as
Such Not Proper MISUNDERSTANDING
Done at Forenoon Session -
Special to Times-Republican.

Special to Times Republican
Eldora, Jan. 27.-The defense in tn
Blydenburgh murder case was nc
ready with any4witnesses this mornins
owing to the non-arrival of Chemis
Vaughn, Who is expected here thi
evening. Nothing was done in tn
case. therefore. this morning. Whe
court closed last evening the defens
announced that its testimony wa
practically all in with the exception o
that of its experts and that they coul,
not proceed intelligently until the ar
rival of DR.. Vaughn who had the ex
Mbits of the stomach and other part
Of the dead woman in his possession
This afternoon, however. the defens,
placed DR.. Morse on the stand to tes
tify as to the condition of the de.
: ceased woman, and as to certain com.
munications made by her to him. Ths
states attorneys made objection to DIR
Morse tesafying on the ground tina,
he was the Blydenburgh's family ply.
Sician and any communication made
by Mrs. Blydenburgh to him was con
tidentfal and as such they held. under
the law, was privileged and not prop
er testimony. There was long argu-
ilnent by the attorneys on both sides
over the admission of this evidence
The court, after looking up the decis-
ions of the supreme court on the sub
ject and after hearing the arguments
OF counsel decided the evidence was
admissible. and permitted DIR. Morse to
answer the questions. DR.. Morse is
now upon the stand. 1t Is understood
3 his evidence will go to show that the
4 woman's death was caused by disease
rather than by poison as claimed by
the state. The attendance today is not
diminished In the least, the court room
being packed to its capacity.
Testimony Reviewed.
Upon the converting of court yester-
day morning. Miss Irene Blydenburgh
was called to the stand for cross exam
1nation. She was mistaken In her
testimony in the main. Said her father
had always been kind to the deceased
wife. That they had had rat poison IN
tbs house since November Said She
had never talked with anybody re-
0uAOth6 AhS Sasc Will dAkeI1a xiv EtM.la.
5Ary met. but after that hai talken Il ..,e
case Over With i,er ia sl1eisand IdaS.is-
house.
Arthur siyienburg!i. son OF the la-
tendent, Substantially corfobors,ei TIE
statements made b. his sister. Said his
father laid on the lounge until dinner
time on the Sunday that Mrs. Elyien-
sburgh vas taken sick, while the girl Ir-
enc testified that he went up stat fs TO lie
down. Also said they had green peas
for dinner on that Sunday while the
sister could not remember whether they
had had peas or not but said they had
sptas often.
Mr.. H. A. HUFF was put on the stand
to correct the record regarding the ex-
press company by which the samples
of embalmihg fluid were received from
the Chicago chemist. C. A. Norris ex-
press man testified as TO receiving the
package.
Mrs. Matilda Zieger. neighbor OF
defendent, testified as to the appear
ance of Mrs. Blydenburgh. said she
was pale and sallow and looked sickly.
Steve Sayer testified that he had
lived in the house some few months
prior to the time Mr.. Biydenburgh oc-
cupied the same. Said it was infested
With rats.
]. F. Walker testified that he went to
the house. OF Mr.. Blydenburgh in the
evening just after the death OF Mrs.
Blydenburgh. That he called the I'M
dertaker and testified to the friendly
relations between the deceased and the
defendent.
zisser's Evidence.
NIL. w. zieger. neighbcr OF the
defendant testified that Mrs Blyden-
burgh looked sickly and pale and her
eyes at times looked brilliant Said
when she started to walk up town she
walked sbriskly. but in returning from
town walked very slowly and appeared
feeble SAID Mrs. Blydenburgh told
him on two occasions that her health
was poor or not very good. Said Mr..
was kind to his wife |
Saw Mrs Blydenburgh kiss him and |
saw Mr.. Blydenburgh carry her
from the buggy to the house
and place her on the porch. About |
Christmas 1902 he saw Mrs. Blyden- |
hurgh come out In the yard to the well |
with bottle, spoon and tin cup in her
hand, pump some water into the cup,
pour something from the bottle into
the spoon and water from cup dnto (
spoon and put same to her lips and |
hereafter Immediately vomit Had seen
her do the same thing on two other oc-
casions and on each occasion had Inn
vomtted. Did not know what |
was in the bottle. The bottle was green
and probably held two or three ounces.
Saw her on the Sunday morning in
question when she was taken sick on
her way to church and vomited at the
corner of the barn. She was weaker
the last week prior to her DEATH walked
weaker. About Noyember 1 Mr.. Bly,
denburgh asked him what to do to get
i'd OF rats in his house, and witness
advised him to get some rough on rats
Did not know whether he got any or
not.
Mrs Cora Stewart said she met Mrs.
when she called on her at
her home about the first of May 1908.
hat her husband was with her. Mr.
was not present. Mrs.
3lydenburgh told her she was not well;
Ind that she did not enjoy good health,
hat she Was not able to go out much.
md could not return the call because
HE was not able to get out.
Health Was Poor:
George A. Stewart, dentist, testified
hat he met Mr. Blydenburgh about
Sov. !. 1909. Witness and his wife