Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-02-15
Defense In the Mabel Scotield
Murder Case Claim Murder
Not Committed
GIRLS MOTHER A WITNESS
Statements of the State and for the
Prisoner Made to the Jury and TAX
ing Of Evidence is Besun-Thomas
Confident of AcquittaI of the Charge
Of Murder.

Des Moines, Feb. 15.-Mabel SEQ
fields mother told the story of her last
parting with her daughter this morn
ing when she was called as a witness
for the state i'll the Charles Thomas
Murder case, and her evidence will be
one of the most important issues IN
the case.
Mrs. Scofeld, who lives in Macks-
burg. says that when she parted from
her daughter at the union station IN
Des Mones on the morning of MISS
Scofield's disappearance her daugh-
ters last words were: "Good-bye.
mamma. Kiss my little sisters for
me-
The defense will construe these
words of Mabel Scofield as indicative
of suicidal intent which they claim
the girl had because of brooding over
foiled ambitions to gain higher edu-
cation and which caused her to go TO
the river bank and there end her own
life.
This is the great point with the de-
tense in the case. If they are able to
prove by evidence that Mabel Scotield
committed suicide there is no case
against Charles Thomas. This, they
claim, they will be able to do One
witness will testify that when the body
of Mabel Scofield was lifted from the
river over gallon of water ran from
her mouth and nostrils. If this is true
it will account for the absence OF water
on the lungs at the post-mortem.
Clothes worn by Mabel sScofield
were brought into the court room
during the examination of the mother.
Upon seeing these she broke down and
wept bitterly. When court adjourned
at noon the state had finished it's di-
rect examination.
Question of Intent.
In making his opening statement
County Attorney Miller called atten-
ton to the fact that where death re-
suits from poisoning it is not neces-
sary to constitute murder in the first
degree to show the poison was admin
istered with intent to kill. He stated
the law is plain that if poison is adj
ministered with intent to do any UNI
lawful act and results in death, that is
murder in the first degree.
Where there is the element of pois-
oning there is no such thing as MUIR
der in the second degree or manslaugh-
ter. 1t must be murder in the first de-
gree or nothing. Accordingly it will
deyolve upon the jury to give Charles
Thomas his liberty or condemn him to
the severest punishment known in the
criminal jurisprudence of this state.
Spc
state relative to Thomas buying choral
hydrate and the finding of such poison
in Mabel Scoields stomach County
Attorney Miller turned to the question
OF motive. He said he believes the
state will be able to prove that Thomas
administered poison for the purpose
of satisfying his personal desires.
Outlines the Defense.
The defense will show, according to
Walter McHenry, in outlining the evil
dence for Thomas, that after Mabel
Scofield left her mother at the depot
she never returned to the Thomas
home, This is the first controversy
when" said Mr.. McHenry Mabel
Scofield was removed from the river
her hat was fastened with two pins. her
gloves unwrin1kled upon her hands, her
hair in perfect order.
mo man could dress this girl in so
perfect a manner.
Eve will show" continued the law
yer, 'that there is a limited area OF
Spanish needles near the place where
she was found and that Spanish
needles were found on her clothing.
we will show that the tracks of a
woman's shoe led to the river bank
with the toes turning toward the water,
and went alone. They stopped at the
river bank, turned away, and went
further up the river where there was
evidence of. another hesitation. Then
the tracks went into the river. These
were the tracks of No. shoes, which
corresponds with Mabel Scof1eld's
shoes. We Will show that this was
stagnat water and no current. We will
prove by a fisherman that above this
place the night before trout line was
strung across the river and In the
morning was intact and that this
would have been an -inpussibiiity' If a
body had foated past. We will show
this body was fifteen feet from the
bank and that 1t would have been a
physical impossibility for a man to
tbro,y tho hodv of the ,rirl that dis