Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-11-19
Wheeling Woman Indicted for
Attempt to Murder Husband.
POISON IN HIS MEDICINE
Drug Also Placed in the Drinking
Water He Used.
EARLY TRIAL OF THE CHARGES
Counsel for Defense Protests Against
Action Barring Preliminary
Hearing Of the Accused. ,

WHEELING. W. Va. November IA
special grand Jury yesterday found an IT.
dictmcnt against Mrs. Laura Fsrnsworth
Scaenk for the attempted murder hy
poisoning OF her husband. John o.
Schenk, millionaire packer. ihe indici
ment, prepared by Prosecuting ATTORNEY
j. Il. Handian. contains five counts.
Three Of the counts charge her with adj
ministering poison in the food and medi-
cine OF her husband. and two OF then
charge her wits attempts TO adininiste.
arsenic in his food and medicine.
Immediately upon the returning OF the
indictment by the grand jury Attorney
Frank O'Blien, for the defense. sad: 1T
is not a SUI prise to us. In fact. II IS not
a surprise at any time for an indictment
to be found against the defendant we
still stand firm In our defense. As 10
bail IL is very probable that we shall ask
to have our client admitted to bail.
with "a look or relief after many hard
days work Prosecuting Attorney Hano-
IAN said:
..Why. II Is lust what we expected-thiS
indictment-and we just II. mly expect
a convicticn when the trial rs held.
have heard that bail will he asked ana
Just az soon as 1t is will ask t.at tll'
case DC set loa iildi- -Nofh.'e SN~-~
the way of an immediate tr.ai.
Early Trial Promised.
The trial will take place just as soon as
possible Assistant Pro scouting Attorney
Fred l.. Murray has anno~nced that tho
docket will be called the ..rs. OF next
week. probably Moi.da.. AID tnen tue
time for the hearing of the .ase IL be
decided on.
Fearing that Mr.. Schenk. who had not
spent such a very good day, might suHer
a relapse. he was not tod OF the hhdthts
Of the indictment against his VIE. anu
he will not be informed .or sevtra. days
1--WE tell Mr.. Schenk lite Of what tanes
place on the outside" said Dr. FRANK
Lemoyne Hupp, the attend ng phys.c.ah'
las he is SO nervous and weak that TIE
least thing excites him..
The 9 xteen men who were summoned
to serve on the grand jury without eN-
ception responded. and all We're in the
courtroom at 80 o'clock. The JURY wa
In session all morning. returning at :
o'clock, and at ) o'c ock the Indictment
against Mrs. Schenk was returned Be-
fore entering on Its ! berations Judge
Jordan instructed The jury. Judge Jof-
dams instructions were very bfiei, mere
ly call ng attention to the Illicit tfainc ln
drugs and LIQUORS and IL election law vio-
latiOns Concluding. he read the statute
regarding the administration or poison OF
the attempting to administer poison loT
the purpose Of taking life.
The following is the statute:
Provisions of the Statute.
,"If any person administer. or attempt
to administer, any poison or destructive
thing in food, drink, medicine or other
wise. or poison any spring. well or reser-
voir of water with intent to kill or In
jure another person. he shall BE- confined
IN the pen.tentiary not less than three nor
more than eighteen years"
Before the jury was sent to its room
to begin its deliberations Attorney j. j.
p. O'Brien made a motion for a continu
ance of the special & and jury, or at
least SO far as the case OF Mrs. Schenk
is concerned. To this motion Prosecutor
HandIan objected, and i, was overruled
by the court, no argument being allowed.
Mr.. O'Brien said
I'VE ihove that the grand jury he not
permitted to go into session for three or
four days, especially for the purpose OF
considering any evidence against Mrs.
John o. Schenk: that she he given an
opportunity fer a preliminary hearing,
our reason being that she VIII have all
solutely no opportunity of learning what
she is charged with until the time or the
trial, when IL will be absolutely too late
for her to make any preparation for a
defense. this being caused more PAL ticu-
larry by the fact that her attorneys are
not permitted. under the instructions
given by the prosecuting attorney, to talk
to any person or persons who may be
conversant with any OF the facts of the
case. We deem IL absolutely fair that
Mrs Schenk in this case should nave
preliminary hearing. The objects of
preliminary hearing are twcfo.d: To let
the prosecuting attorney know whether
or not there Is a case OF probable cause,
and. second, to advise the accused al
least to a certain extent of what she Is
charged. to put her on notice and give
her opportunity to defend those charges.
Protection, Not Defense.
Our position is not that of defend
ing one who is guilty. bit of protecting
one who We feel confident is innocent.
preliminary hearing is not impcr-
tant' for the accused when he or she is
guilty because ne or she knows the facts
and Is prepared To meet them. But ii
one Is innocent, know our client
is. II is 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 lis un-
able to meet and controvert what tho
state will produce until the day of tine
trial. at which time Ii would be too late
to secure evidence TO establish her inno-
cence and meet the issues raised. as she
could have done if put upon notice"
When notified of the finding of the
jury Mrs. Schenk became Very much agi-