Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-02-03
Defense in the Blydenburgh
Case Seeks to Break Whole
Fabric of States Case
ATTORNEY SCALES ARGUMENT
He Maintains the State Ha. Failed to
Prove the Corpus Deficit and Will
Ask Court to SO Instruct the Jury
Case Will Be Closed Some Time
Thursday.
Special to Times Republican.

Special to Times Republican.
Eldora, Feb. 3.-Did the state prove q
murder had been committed in the
Blydenburgh case? The attorneys
for the defendant say not and
on this point will make a strong effort
to break down the whole fabric of the
states case. 1t is now believed the case
will go to the supreme court on the
question of whether or not the corpus
delIcti has been proven. The point
Attorney Scales to the court, in which
he maintained that the court should
instruct the jury TO that effect and cited
1.-THE famous decision of Judge Weaver
in the case of the state against Sarah
Kuhn to sustain his contention. This
point promises TO be the crucial one
in the courts Instructions.
The proceedings in the Blydenburgh
murder trial We're somewhat delayed
this morning by the illness of Attorney
Scales, who was taken With what was
feared might be a serious indisposi-
ton. AT ~ O'clock, he was sufficiently
recovered, however. to resume his ar
gument which was commenced yester-
day afternoon, shortly after o'clock,
Mr.. Scales devoted the opening portion
of his address to an extended argument
10 the court relative to the matter of
instructions which should be given TO
the jury on point of great moment
to the defense. MIR. Scales maintained
with great vehemence and much ingen-
uity OF argument that the state had Ut
terly failed to prove the corpus deficit
(lhe body, substance or foundation OF
the offense), in other words that there
was no proof that murder had been
committed. He relied to great extent
on Judge Weavers noted opinion In
;ahe case OF the state against Kuhn. He
ASSISTED the case at bar was much
weaker than the one in which Judge
Weaver had written that opinion and
that the court should prepare his opin-
-ton along the line followed by Weaver
In that case.
The court gave no intimation as 10
how he will instruct on this point.
To the legal mind 1t Is the all-impor-
tant point In the case and the state
will fight against any such fnstruc-
lions as 1t would mean the acQuittat oi
the defendant. for II the corpus deficit
n not proven, all the other suspicious
circumstance and the vast amount OF
testimony OF the contending medical ex-
Derts and chemists fall to the ground.
OF course the state maintains 1t has
properly established that point In the
case and II the case results in cer-
tain. way in this court, the supreme
court will be asked to pass on this pom,
in the.c case in question.
Passing from the point OF failure TO
prove murder had been committed, Mr..
Scales carefully reviewed the evidence
In the case with much skill and eX-
rlained suspicious circumstances and
points In the evidence on the theory
OF the defendants innocence. HIS re-
view Of the testimony of the experts
was reserved for the concluding por-
lions of his address today. He began
by arguing that the experts who tesu-
fed were never in possession OF certain
elements OF the body from which 10
testify as to the cause OF death ana
that on the other hand Mr.. Morse who
was In attendance during the dying I
hours OF the deceased had every facility
to correctly diagnose the ailment. He
referred 10 vaughn's statement that
the liver contained 1873 grains OF arseu-
ic. according to his test in his analysts
and answered the evidence by the
testimony Of DR.. Lewis and standard
medical authorities that the maximum
absorbing capacity OF the liver Is 7ts
grains. He drew the inference from the
testimony OF Undertaken Wills that the
great amount of arsenic lodged in the
liver and other organs OF the body
was accounted for by the fact that the
embalming needle may have pehs-
trated the lower portion OF the liver and
lodged the poison in that part.
Mr. Scales referred at length to DR..
Vaughn and used his contract to re-
ceive 500 per day and expenses while
attending as a witness to weaken the
effect OF his testimony. He main
tained in sense that DIR. Vaughn was
q noted professional witness in su.a
cases and that his evidence was apt 10
be In favor OF the side in which his
client was interested.
The case Will probably go to the jury
tomorrow forenoon. At 2 o'clock this
afternoon Mr.. Scales was still speaking,
but he will probably finish in an hour
and 1t is believed Attorney Albrook will
he able to finish tonight, as 1t is not
he will make a lengthyl
argument. Scales spoke very slowly
and occupied much time He was far
from well. but his argument was one I
Of the strongest yet delivered in the
case.
WIDOW AND CHILD WIN.
supr.ms Court He,ds That Arthur