Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1907-11-01

| Of this girls condition they havn't
come within thousand miles OF
showing that he, by one word or act,
| countenanced an abortion"
Mr.. McHenry then took up the Mar
| shalltown incident when the state
| sought to prove that Dickinson occu-
| pied room in the Pilgrim hotel with
Miss B:ydenburgh all night. He de-
clared that the states own witness
had proved that Miss Blydenburgh did
not stay In Marshalltown that night,
but went to Eldora on a midnight
| train. He declared that even If Dickin-
son did register Miss Blydenburgh as
his wife 1t had not been established
that they occupied room together.
The attorney declared that the state
had absolutely failed to show that
Miss Blydenburgh was in Grinnell with
testimony Of Clerk Gardner, who tes-
titled he saw Miss Blydenburgh in the
room with Dickinson that night He
emphasized the fact that Gardner tes-
titled that the girl he saw in the room
had dark hair, while Miss Blyden-
burgh had bright red hair.
Miss Metz and Or. Gadd.
Here Mr.. McHenry digressed to take
up Miss Metz again.
"The state tried to make 1t appear
that Miss Metz was testifying here as
a friend Of DR.. Gadd,'' he said "If that
Is true, why didn't she say the words
to Judge Miller which would have put
an end to all suspicion against DR..
0,~o ali oh oh,
good friend of DIR. Gadd. why didn't
she tell Judge Miller that the dying
girl declared that she alone was re-
sponsible for her condition? DR.. Gadd
is not on trial here. He will be COM
PEELED to stand trial some day, re-
gardless Of whether this defendant is
in the penitentiary or out Of it."
Mr.. McHenry declared that the
bringing Of Witness Arnold all the
way from the state Of Washington
proved an expensive Investment for
the state. Arnold testified that at
Marshalltown on July T. Dickinson
gave him % cents about 6 o'clock in
the evening to telephone to Miss Bly,
denburgh at Eldora. Mr. McHenry as
serted that If Miss Blydenburgh was
in Eldora at that time 1t would have
been impossible for her to have gotten
to Grinnell in time to meet Dickinson
for supper.
Mr.. De Graft Closes for State.
'The state had theory when it in
stigated this prosecution and that the
ory has never changed since the first
syllable fell from the lips of the first
witness who took the stand" asserted
County Attorney De Graft in beginning
the closing argument for the state.
"The defense has had two or three
theories. The first was that the girl
had disease in her system which pro-
duced spontaneous or natural abor-
ton. The other theory was that the
girl attempted her own abortion and
died as a result. On one horn of the
dilemma the defense must hang its
case"
Mr.. De Graft then took up the testi-
mony Of the physicians and other ex-
pert witnesses in detail and declared
that their testimony proved conclu-
sively that Irene Blydenburgh died
from no other cause than an abortion.
"On the other hand is the testimony
Of Myrtle Metx," he said Gentlemen,
If you believe that Miss Metz was tell
ing the truth you should write a ver-
dict Of not guilty. 1 ask that you do
it. But you know by the demeanor
of this witness on the stand that she
was not telling the truth. And you
know that her testimony as impeached
by Judge Miller was q lie Ii Miss
Metz was telling the truth the fact re-
mains that Judge Miller is a willful
perjurer that Miss Metz did say in her
own language that Irene Blydenburgh
made no dying declaration. But she
did not put it In legal .phraseology. A
dying declaration must come from a
victim of a homicide when the victim
is in full consciousness of impending
dissolution. Myrtle Metz did not know
that She was a trained nurse. Judge
Miller knew that If he had her say in
her written statement that Irene Bly,
denburgh made no dying declaration
she would have been giving legal
conclusion. It would not have been her
own statement. but Judge Miller's You
cannot believe that Irene Blydenburgh
made the declaration on her deathbed
which is now attributed to her.
IT said the defense had two theories
IN LnlS Case WHSTe are lucy HOW /. |
There are four things that the state
must prove in order to establish be-
yond a reasonable doubt that H. B.
Dickinson is guilty Of the crime with
which he is charged The first is that
Irene Blydenburgh died in Polk coun-
ty. That is disposed of. Secondly we
had to prove that the girl was preg-
nant. If there was ever any doubt on
that point 1t was removed by the tes-
timony Of DIR. Maple when he took the
stand for the defense. Next we had
to prove the procurement of an unlaw-
full abortion. Last 1t was necessary
to show that the unlawful procurement
was made by the defendant on trial.
'It is said by Mr. McHenry that Mrs.
Cook is the leading link in this case.
I state to you that, DR.. e. e. Gadd is
the connecting link"
Here Mr.. De Graft stopped for ad-
journment for the day.
TEN CATTLE ARE STOLEN.
Animals Valued at 500 Taken Near