Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-05-03
FREEDOM MAY GONE
TOE. 5. BLYD[NBURG
Case of Hardin County Man Con-
victed Of Wife Poisoning to
Be Decided Soon
REVERSAL is ANTICIPATED
Fact That the Court Has Withheld
Opinion Over One Session indicates
Favorable Report = New Trial
Probably Means Failure tofconvict a
Second Time-opinion Soon.
Special to Times Republican.

Special to Times Republican.
Des Moines, May 3.-Those who have
been following closely the famous Bly,
denburg murder case will not be sur
prised if the supreme court when 1t
meets next week grants reversal and
new trial to the man who was heralded
as the second blue-beard. The argu-
ments for rehearing We're made to
the supreme court some time ago. The
court has met since then without
bringing In a decision on the case and
this fact on it's face is evidence that
the court is wrestling with the prob
lem. Furthermore the court when it
affirmed his conviction on the appeal
was divided and Judge Weaver, now
chief justice and Judge Deemer dis
sented and claimed that the corpus
delecti was not proven.
The corpus delecti is the vital part OF
the entire suit. Blydenburg was ac-
cused of numbering his wife at Eldora
by administering poison in her food
NllSIi lc pIGpdiCd ollC lLlc1A DSCil I'll
able to attend church and at noon
Blydenburg prepared the meal. 1t was
claimed that he injected poison into
some of it and she died few days
later. Her body was inferred in Ohio,
where she had formerly lived. Later at
the instigation of her relatives the body
was disinterred and not till then had
there been any suspicion but that she
had died a natural death. Then Bly,
.denburg was arrested and tried and
convicted and appeared to the supreme
court.
Judge Weaver and Judge Deemer in
their dissenting opinion which was one
of the strongest deliverances of the su-
prenie court, claimed that the corpus
delecti was not proven. That is that
the state had failed to prove that there
had been any crime committed. In
other words, tho it was admitted that
Mrs. Blydenburg was dead, 1t was
maintained by the two members of the
supreme court that there had been a
failure to prove that she had died by
other than natural death which is
absolutely necessary before there can be
a legal conviction.
Some months ago Blydenburg's at
torneys, following the decision affirm
ing the conviction, filed a petition for
a rehearing before the supreme court. 1t
was argued before the court and the
courts action is now considerably de-
slayed. The expectation that the court
on the strength of the dissenting opin-
ions of the court and the showing made
when the arguments for a rehearing
were presented.
While in full sympathy with the
prime object of the bib Governor Cum
Minis yesterday announced that he was
constrained to veto S. F. 159, which
sought to limit the dividends to be paid
on capital stock of insurance compan-
les in Iowa.
In the first place the bill was one of
series calculated to benefit the policy
holders and the legislature turned down
the companion measures, leaving the
one which was passed without force or
effect.
But aside from that fact the gov
ernor finds the bill is obviously uncon-
stitutional. In addition the measure is
hardly equitable in that it does not
provide for lean as well as fat years.
Althogether the bill is fatally defective,
in the Judgment of the executive.
The governor sent the bill to the sec
retary of state yesterday minus his ap-
prevail with regret, .'for,'' he says, II
am in full sympathy with the general
object that it seeks to accomplish"
Governor Cunlmins says he thor
oughly believes that one Of two provis-
ions should be made with respect to
capital hereafter invested in life in
surance business Either the dividends
that can be lawfully paid upon the
capital should be restricted" he says,
"or stock companies should be prohib-
tied from issuing participating poll
cies."
]. c. Shoemaker, invited by the Des
Moines Political Equality club to take
the leading part in the program of the
annual meeting yesterday, caused a
storm when he sat down hard on the
favorite theory of the organization,
equal suffrage in his paper on Some
Fruits of the Ballot" He attacked the
idea of equal suffrage, declaring that it
would make women more masculine
and rob them of many of the charms to
which generation after generation has
paid tribute.
But when Mr.. Shoemaker concluded
with the declaration that when men
and women learned to adhere to the
purposes for which God had wrought
them and refrained from transgressing
on each others domain, the happiness
of the world ould be greatly en-
HANGED, he trod too hard and half
dozen women were on their feet at
once to denounce his claims.
It was with difficulty that Mrs. A..
H. Weber, who occupied the chair, was
able to maintain the equilibrium of the
meeting and arrange so that Miss
Grace Ballantyne, Miss Eleanor Cor
don, Mrs. Haggl, Mrs. Keith, Mrs. shsr-
+ d