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

II was not"
Miss Dunn was recalled.
Il will ask you IL at F'inllle's hall in
Marshalltown during the winter months
OF 1905, you were present at dance at
which time and place the defendant
was introduced as MIR. Harvey?'
Mr. McHenry objected and Mr.. De-
Graft replied that the testimony was a
direct impeachment Of the defendant.
1T is simply an evasion to get In
testimony barred by the rules of evi-
dence," declared Mr. McHenry, and the
court sustained his objection.
Miss Lang was recalled.
"Do you know the defendant on
trial?" asked Mr.. De Graft
Yes"
Where did you meet him 2"
AT Dance"
Mr.. McHenry objected and Mr.. De-
Graft said the question was for the
purpose of testing her acquaintance.
Judge Brennan overruled the objec-
ton.
"IIcw long have you known him?"
Some objection and same ruling.
Since 1906"
Where ala you meet MIN!
I'm Marshalltown."
The defense moved to strike the an
swer but Judge Brennan allowed i. 20
go in for the purpose of showing Ac-
quaintanceship.
Judge Miller Impeaches Nurse.
Judge Jesse A. Miller next took the
stand and declared that Dr. Maple tes-
titled before the grand jury to most
Of the things which he denied saying
on the witness stand last week. He
said that DR.. Maple testified before
the grand jury that he did not know
Irene had peritonitis when he first saw
her. DR. Maple testified that he knew
her trouble when he made his first ex-
animation. Judge Miller said that DR..
Maple told the grand jury he made no
saw the girl
do you know Myrtle Metz?" asked
Mr.. De Graft.
Yes; met her at farm house near
Bussey about Sept. 2S, 1905"
What was your purpose in inter-
viewing her at that time?'
Il understood that Miss Metz was
the nurse who attended Miss Blyden-
burgh. We had endeavored to sub
poena her and learned that she was
nursing patient at this place. My
real reason for wanting to see her was
to learn if Irene had made any dying
statement"
Did you tell her the purpose of
your visit?"
II told her I wanted to talk to her
about the last moments of Miss Bly,
denbureh. l don't think I asked her
particularly about dying statement" )"
II will ask you if you stated to her
that if she did not tell you what you
wanted to know you would have
subpoena issued and she would have
the privilege of telling it to the grand
jury?"
"Yes, I told her that. y"
Mr.. De Graft had Judge Miller iden-
tify the written statement Miss Metz
prepared at the inquest.
Did she tell you that she did not
know what the matter was or that an
abortion had been performed until she
read it in the newspapers and then she
suspicioned something
"She said, she suspected something
all the time but did not know what
was the matter until she read it In the
papers"
"Did she tell you that Irene did not
+a1lx to her any more that day after
IL or 12:30?
eyes that in substance. She told
me that the girl did not know she was
going to die but that she hersell knew
it. She said Miss Blydenburgh was
not conscious that she was near death
even when she was dying.
Here Mr.. McHenry cautioned Judge
Miller to confine his answers TO the
questions.
Did she say she did not want to get
the doctors into trouble
Yes"
"Did she saye she was friend OF
DR.. Gadd?"
Yes"
Judge Miller then testified that he
did not remember that Miss Metz told
him that DR.. Gadd had telephoned TO
her after the girls death, put tnat sne
told him she did not think 1t Woulo pe
woven for her to go to his office un-
der the circumstances.
"Did she say to you that MISS BY.
danh,,rgh made no dying statement
'"rhat in substance"
No Dying Statement Made.
"Did the girl say to you orally OF
in writing this: The girl made no
statement to me concerning her condi-
ton or cause of her illness when dy-
ing?''
"She said that" :.
"Did YOU tell Miss Metz your name
"yes. T told her my name and my
official position and gave her one OF
NV cards with my telephone number
on it."
"Did Miss Metz say to you that
Irene did not prior to her death state
to her or to anyone else within her
knowledge anything about her condi-
tion or the cause of her illness?'
"She did"
Attorney McHenry then began his
cross-examination which was not con-
f('opfinuad nm Eighth PaRe.y