Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-18
DEFENSE IS SURPRISED.
States Announcement That 1t
Rested Took Prisoners At
torneys Off Their Feet
THOMAS CASE SUMMED UP
THOMAS CASE SUMMED UP
Testimony of Or. Taylor Was the
Strongest Evidence Offered Against
the Defendant-Dr. Slopes Testi
mony Was Also Damaeins-The
Defense.
Special TO Times-Republican.

Special to Times Republican.
Des Moines. Feb. 1S.-Universal sur
prise was caused when the state an
nounced in the Thomas murder case
nesses whose, names had been served
on the defense had not been called.
The lawyers for Charles Thomas sat
dumbfounded and requested the re-
porter to read the statement.
The defense Immediately moved to
adjourn court until Monday morning
on the ground the resting of the state
had been sprug as u surprise and they
had not had sufficient time to arrange
for their witnesses being present.
Judge Spurrer in behalf of the state
objected to this adjournment and ar
gued that if Il case can be continued
because counsel had seen fit to excuse
on personal authority his witnesses Il
trial could be Indefinitely continued
The court however, did not wish to
work q hardship on the defense and
adjourned the case until o'clock this
afternoon. Tonight, as has been tine
custom in the local courts, the trial
will be adjourned to Monday morning.
When the state rested many of the
contentious outlined in the Opening
statement of the county attorney re-
manned unprovefi. Chief among these
was the claim that the hoofmarks of
a horse with deformed hoof which
had belonged to August Hast, brother
in-law Of Charles Thomas, would be
traced to the riverside where the body
of Mabel Schofield was found. None
of these witnesses were introduced.
States Case.
What has the state proven against
Thomas? That was the question
which went from lip to ear in the
great audience when it was stated the
net of the state had been woven. The
state has shown that Mabel Scotield
babe her mother goodbye at o'clock
In the morning at the union depot on
the morning of October 81, 1899. Her
body was found in the river near Boat
mans Island on the afternoon of the
next day. Professor Macy of High
land Park college testified he found a
trace of chloroform in the stomach
given to him which purported to be
that of Mabel Scofield. DR.. Schooler,
who performed the autopsy, said there
was not a single indication of evidence
Of drowning in the girls body. William
]. Taylor claims Thomas admitted to
him he gave a girl knockout drops
and killed her.
Lambert Bolton is positive in his
testimony he saw Mabel Scofield re-
turn to the Thomas home about $3.50
o'clock the morning of October 81. He
did not speak to her and was not on
speaking acquaintance. Three women
claim to have seen a buggy with two
men and q form between them travel
ing toward the Des Moines river about
o'clock on the morning of the day
the body was found. r. Hansen,
druggist, testified he sold choral hy
.drate to Charles Thomas October 10,
1899.
Contradictory Evidence.
But the defense claims that as it
now stands there are many discrepan-
cies in the testimony introduced by
the state. For instance, Lambert Boil
ton Vas recalled to the stand for fur
Their cross. examination, and was ask
ed:
"Didayou not say to Joe Maher, dep
uty clerk of the district court, the night
after you testified, that you didn't
know anything about the case; but
that you had it in for Charlie Thomas;
that he was a dirty cur and you in
tended to get even with him?
The witness denied this, but the
intimation of the defense was that
Joe Maher will be introduced to testify
in the affirmative Of the. question. One
of the women who claimed to have
seen the buggy with two men and a
form in it, at 5 o'clock testified the sun
was shining brightly. The government
records show the sun did not rise until
6:35 o'clock. On cross examination Pro
fessor Macy said he would not swear
that the person whose stomach he eN-
amined, came to death as a result OF
poison as he had not had the oppor-
tunity to examine the other organs
necessary to determine that question.
DR.. Schooler, who performed the aut-
opsy, while stating there were no in
dications of drowning admitted on
cross examination that 1t is possible
for person to die in the wtaer with
out getting water on the lungs.
rs there even now enough evidence
to convince twelve men beyond a reas
enable doubt that. Charles Thomas is
guilty of numbering Mabel Schofeld2"
asked Walter McHenry, who appears
for the defense. We believe not, and
when the defense has introduced its
evidence the states case will be COM
pletely shattered"
The most damaging testimony
against Thomas is that of Dr. William
]. Taylor who claims when called pro-
fessionally to the Thomas home he 4
was told by Thomas that he T(homas)
had given fri knockout drops and
had killed her, and that the girl was
Mabel Schofield. AS is known Taylor
admits he has been convicted of man
slaughter and forgery himself and has
maintained silence as to his evidence
for five years.
DR.. Chapel, local weather forecas-
ter, was the first witness for the de-
tense in the Thomas trial. The de-
Tense expected to prove by him that it
was not daylight until $50 o'clock
October 81, 1899, the morning that Mrs.
Dean, Mrs. Mcdonald and Mrs. Cam
nine say they clearly saw buggy at
it.
Ed Johnston, private detective. will
next be called. He will testify that
he had q conversation with Mrs Dean
in which she said 1t was no use for her. |