Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-10-30

sisted that she was an important Will
ness and the state could not rest with
out her. The sheriff was inStructed
to communicate with the sheriff of
Pottawattamie county and get Mrs.
Hillias here as soon as possible. II
she has not left Council Bluffs she
cannot get her now before p. m.
Court adjourned at II o'clock to 9
y. IN.
Sur Rebuttal of Defense.
The defense will offer as sur-rebut-
tai six witnesses who will testify that
the general reputation of H. b. Dickin-
son for general moral character is
good. The case will then rest and
the arguments to the jury will be
made.
The feature Of this mornings testi-
rnony was the evidence given by Grant
iIsnry, clerk of the grand jury. and a
member Of the grand jury. They tes-
titled to them facts contradictoryggs
facts contradictory to those he gave on
the witness stand in reference to the
condition of Irene Blydenburgh when
he first saw her. Attorney McHenry
offered in evidence the affidavit of Mr..
Henry on the back Of the indictment
that the attached minutes were Of all
witnesses before the grand jury" and
pointed out that the minutes Of DIR.
Naples testimony were not there. The
county attorney urged that the law re-
quired the clerk to certify the minutes
upon which the indictment was based
and not all the minutes, and that this
certificate was in mere conformity
with the law.
Judge Brennan refused to allow the
testimony regarding the certificate, on
cross examination. to go into the rec
ords. Attorney McHenry asked per-
mission to read the certificate attached
to the Indictment into the records for
the purpose of preservation. This was
granted.
The case will probably go into the
hands of the jury Thursday evening,
just two weeks after the commence
ment of the trial. Dickinson remains
cool and confident of acquittal. The
state contends that they have woven
the strongest possible web of circum-
stances from the circumstantial evil
dence, and say conviction is certain.
Prosecution Scores Strong.
The prosecution yesterday made i'm
portant gains at ten different places.
1t was established by Drs. Parker.
Morse and Whitney that there was no
perforation of the left fallopian tube
of the dead girl except the one acci-
dentally made by the post-mortem in
cision. 1t was further shown that
there was no finding at either post
mortem that there was a puncture. The
defense advanced the theory that the
peritonitis which caused the girls
death resulted from an abcess which
ruptured the tube.
It was further testified by the ex-
perts that there were no signs of VEN
ereal disease which the defense claimed
caused the affection of the fallopian
tube. Drs. Parker and Morse both
testified that microscopic examina-
ton showed no disease germs
The statements Of Nurse Myrtle Metz
as to the dying statements of Irene
Blydenburgh were badly shaken by the
testimony of Judge Jesse A. Miller,
who while county attorney, secured a
written statement from Miss Metz.
Judge Miller testified that Mrs. Metz
told him the girl made no statement to
her in regard to her condition or the
cause of her illness when dying.
Mary Dunn and Ella Lang of Mar
shalltown, declared that Dickinson was
the man whom they met at dance in
Marshalltown during the winter of
1905. The state claimed that Dickin-
son was introduced to Miss Blyden-
burgh as Mr.. Harvey at that time, but
he denied ever being there. Judge
Brennan sustained an objection of the
defense to allowing the young women
to testify that Dickinson was the man
they knew as Harvey.
r. W. Wolverton and ]. F. Young.
two of the jurors who sat on the in
quest over the body of Irene Blyden-
burgh, impeached the statements OF DR..
w. w. Maple as to his testimony at
the inquest. Court Reporter c. F. Irish
identified transcript OF the testim ony
taken at the inquest Judge Miller al
SO impeached portion Of DR.. Naples $
testimony in regard to evidence he
gave before the grand jury.