The Washington herald., 1910-11-19

1 for the attempted murder and poisoning
o. her husband. John o. Schenk. the
millionaire packer The indictment pre-
( pared by Prosecuting Attorney ]. b.
Handlan contains five counts. Three OF
/ the counts charge her with administering
poison in the food and medicine Of her
husband, John o. Schenk. and two charge
her with attempts 10 administer arsenic
in his food and medicine,
Attorney Frank OBrien for the defense
/ said:
1t is not a surprise to US: in fact. it is
not a surprise at any time for an indict-
ment 10 be found against a defendant.
We still stand firm in our defense, OF
course. As to bail, 1t Is very probable
that We viii soon ask to have our client
admitted to bail"
Expect "a Conviction.
With look Of relief after many hard
days work. Prosecuting Attorney Handlan
stated; why. il is just what we ex-
pected, this indictment. and we just as
firmly expect n conviction when the trial
is held. l have heard that bail win be
asked. and just as soon as It is l VIII
ask that the case be set for trial Nothing
stands in the way Of an immediate trial. Z"
The trial VIII take place just as soon as
possible. Assistant Prosecuting Attorney
Fred L. Maury this afternoon said that
the docket would be cleared the first OF
next week, probably Monday. and on
that day the time for the hearing of the
ease will be decided on. II is likely that
tomorrow attorneys for Mrs Schenk Will
ask the court that their client be admit
tea 10 bail Fearing that Mr.. Schenk.
VINO has not spent such q very good day
might sufTer relapse. he was not told Of
the 1ndlng Of the indictment against his
VIE. and he will not be informed for
seteral days
we tell Mr.. schenk little OF what
takes place on the outside" said Dr
frank Le Moyne Hupp. attending phy-
slclan, 'as he Is so nervous and weak
that the least thing excites him.
The sixteen men who were summoned
TO serve on the grand jury without ex-
ception responded and all were in the
court room promptly at $50 O'Clock.
Jury Is Instructed.
AT O'Clock the indictment against Mrs
Schenk was returned Before entering on
their deliberations Judge Jordan instruct
ed the jury. Judge Jordan's INSTRUCTIONS
were very brief. merely calling attention
10 the Illicit traffic in drugs and LIQUORS
and 10 election violations Concluding
ne read the statute regarding the admin
isuation Of poison or the attempting 10
administer poison for the purpose OF
taking life The following is the statute:
If any person administer or attempt 20
administer any poison or destructive
thing in food, drink, medicine, or other
wise or poison any spring, well. or res
ervoir OF water, with intent to kin or In
Jure another person. he shall he confined
IN the penitentiary not less than three
nor more than eighteen years
Before the jury was sent 10 its room
10 begin its deliberations. Attorney
O'Brien made a motion for continu-
ance Of the special grand Jury. or at
least. so far as the case of Mrs. Schenk
is concerned To this motion Prosecutor
HandlaDs objected. and II was overruled
by the court. no argument being allowed
Mr.. O'Brien said:
We move that the grand jury be not
permitted 10 go into session for three
or four days, especially for the purpose
OF considering any evidence against Mrs
John o. Schenk; that she be given an op-
portunity for a preliminary hearing. our
reasons being that she Will have abso-
lutely no opportunity Of learning what
she is charged with until the time Of the
trial, when it will be absolutely TOO late
for her TO make any preparation for
defense, this being caused more particu-
larly by the fact that her attorneys are
not permitted under the Instructions
siveR by the prosecuting attorney to
talk to any person or persons who may
be conversant with any of the facts of
the case.
want Preliminary Hearing.
We deem it absolutely fair that Mrs.
Schenk in this case should have "a pre-
liminary hearing. The objects of a pre-
liminary hearing ara tWofold. first, 90 let
the prosecuting attorney know whether or
not there is "a case of probable cause. and,
second, to advise the accused, at least
TO a certain extent. OF what she is
charged. TO put her on notice. and give
her opportunity TO defend those charges.
Our position is not that of defending one
who is guilty, but Of protecting one whom
we feel confident is innocent
A preliminary hearing is not so impoT-
tant for the accused when he or she is
guilty, because he or she knows the facts
and is prepared to meet them. But II
one is innocent. as we know our client Is.
IL is utterly impossible for her to know
on what evidence the State relies. She
is not only deprived of her constitutional
right TO face her accusers, but she Is
utterly unable TO meet and cOntrovert
what the State will produce until the day
OF the trial, at which time il Would be
too late 10 secure evidence TO establish
her innocence and meet the issues raised,
as she could have done if put upon no
tice"
When notified Of the finding OF the jury
Mrs. Schenk became very much agitated
Immediately after the jury had reported
she was closeted with her attorneys for
several hours