Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-01
Arguments Closed, Instructions
Read and Case Submitted
Before Noon Today
DEFENDANT APPEARS WORRIED
Dickinson Shows Signs of Nervousness
During Closing Hours Of TriaI-A.t-
torney McHenry Pleads With Jury
for Verdict of Acquittal--Th Closing
Arguments.
Special to Times Republican.

Special to Times Republican.
Des Moines. Nov. 1.-The Dickinson
case went TO the jury early today
Dickinson showed signs of nervousness
and once called his attorney back to
the room when he left. Mrs. Dicbin-
son and children remained an hour
in court and then left the room.
County Attorney De Graft made q
strong closing plea for the conviction
OF defendant.
The instructions to the jury in the
Dickinson case by Judge Brennan were
very brief and consisted almost en-
tirely of the meaning Of reasonable
doubt. The court submitted two forms
of verdict. One is not guilty and the
other guilty Of murder In the second
degree, the maximum penalty Of which
Is life Imprisonment.
Close Of McHenry's Plea.
Whether Irene Blydenburgh had q
loathsome disease or not is immaterial
to whether the defendant was the au-
thor of her condition" said Mr.. Nc
Henry in resuming his argument yes
terday afternoon. The doctors all tes-
tify that her condition OH Friday could
not have resulted from an abortion per
formed with instruments on Wednes-
day or Thursday II it was produced
by medicine the state has not shown
who bought the medicine and delivered
1t to her. The only hint in all this
testimony that criminal abortion
was performed was given by Miss
Jessie Cook. And her evidence has
not been correlated on any material
point. On the contrary, nearly every
ihportant statement she made has
been contradicted. On every particu-
lar poir.t Or date concerning which
she gave definite testimony we have
possibly be true"
Mr.. McHenry then took up at length
the testimony OF Nurse Myrtle Metz
and Judge Miller. saying he did not
think there was any conflict between
the two.
Miss Metz tells you,'' he said. that
Irene Blydenburgh, when her ext.emi
ties were growing cold and the death
sweat had appeared on her brow, call
ed the nurse to her bedside and said:
Miss Metz, l am dying. No one is
responsible for my condition. did
the mischief myself If that state
ment is true you need go no fsrther
in this case. say to you that the last
words of Irene Blyderburg uttered
were an absolute vindication of this
defendant.
"Testimony as to verbal testimony
should be received by every Jury with
the utmost caution. This is true. be-
cause of the extreme likelihood OF
people being misunderstood wher they
talk with each other. Judge Miller
went down to see Miss Metz for the
purpose of learning If Irene Blyden-
burgh had made a dying statement and
for the purpose of committing the girl.
He was there as public prosecutor
and he was on this witness starld as
a public prosecutor. Miss Metz had
been bounded to death by people seek
ing to secure interviews about her con-
nection with this case. She sought to
escape any publicity in connection
with. it. / don't want you to think
that believe that either Judge Miller
or Nurse Metz did not tell the truth
on the witness stand. The conflict In
their testimony arose from rnisun-
on the part of each of
them. Miss Metz did not realize the
of what she knew when
she talked with Judge Miller. Fur
thermore, she was not under oath at
that time. She was under oath on
this witness stand. I concede she
didn't tell Judge Miller all she knew,
but insist that what she did tell him
was the God Almighty's truth. In
this statement which Miss Metz pre-
pared for Judge Miller 1t nowhere says
hat Irene Blydenburgh made no dy-
ng declaration. submit to you that
e the nurse made any such an asser-
ion as that Judge Miller would have
had her put it in written statement
What this statement means depends
entirely on the construction you put
IN it. What Miss Metz intended 1t to
mean is the important thing. What
vas the cause of Irene Blydenburgh's
illness? God only knows. don't.
rhese gentlemen claim it was an at
emnted abortion. But the truth still
.emains that she at no time told any
me the cause Of her illness.
IN the first place the state has
never proven beyond reasonable
loubt that Irene Blydenburgh ever had
], criminal operation I don't believe
hey have proven that she died from an
abortion. Even If those things are
proved they have not shown that Dick
nson was responsible for the crime.
Dickinson himself came on the
stand and told more about himself than
hese gentlemen learned with all their
of time and money. He
old more than the state would ever
lave been able to prove without him.
He concealed nothing. He told the
Whole truth about his relations with
rene Blydenburgh In order that you
night get at the facts in this case.
And you must set it down in your
minds that even IL he was the author