Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-16
CORONER OF FRANKLIN COUNTY
TEsTiFIEs FOR STATE IN
RUSH TRIAL.
sU6sTANTIATEs STATEMENTS
OF CHARLTON PHYSICIAN
Powers Evidence Indicates Rush Was
Shot While Sitting in Chair-Ds-
fsnss produces Sensational Evidence
to Provo Relations Of Rush and Miss
Warner Were Illicit.
[By HARRY ]. RODGERS

iAoiiiplo1i, Ccl. 1o.-lne lItN Qay OF
the Rush murder trial opened at II
o'clock this morning, when DR.. J. c.
Powers, Of Hampton, the coroner OF
Franklin county, who left here before
being subpoenaed by the state, was
called to the witness stand. The de-
Tense, according to q previous agree
ment. rested its case for short time
in order that Powers might give his
testimony regarding the bullet wound
and post mortem on Rush's body. Dr.
Powers, who left for Lexington week
ago. reached here at 1908 this morning
coroner was on his way, served him
Short Line train.
Powers Returns Voluntarily.
DR.. Powers returned here Of his own
free will. According to the sheriff the
physician told him that he had no in
tention Of embarrassing the state in
any way in leaving. He said that he
presumed that because Of the time that
must be taken to secure jury, and
the number Of witnesses that were to
be examined, he would not be needed
until this week. He said he intended
when he left, to return Saturday or
Sunday.
Verifies Stanton's Testimony.
During direct examination Dr. Pow
ers verified in all Of it's important de-
tails the testimony given by DR.. John
H. Stanton, the Charlton physician.
Like his brother practitioner. who was
on the stand last week, DR.. Powers
said the bullet that killed Rush struck
the sixth and then the seventh ribs,
and from the latter was detected
slightly downward. He declared that
Rush's heart was normal and in a
healthy condition.
AZ to Rush Sitting Down.
p The state. for the purpose Of provins
that Rush was sitting down. and thai
his wife fred upon him while she was
standing, or was at least on a higher
level than the point where the bullet
entered Rush's body, asked the physi
clan:
could you. from your experience as
a physician, and from al examination
Of that wound, as YOU have testified
that 1t was, conceive Of any position
the person who was shot could have
been in other than lower than the per-
son firing the shot?" =.
NO." he answered.
Dr. Powers said that a 32-caliber re-
volver would have to be held at least
eighteen inches or two feet from the
body to produce powder burns. He
found no such burns on Rush's corpse.
Cross-Examination Severe.
DR.. Powers was given a severe cross
examination by Mrs. Rush's attorney,
especially on the subject of anatomy.
with reference to the location of the
ribs, heart, and other organs involved
in this case. He admitted that q bullet
fired from the same level, into the body
Of a person in the act Of getting up
from a chair, would produce about the
same angle Of wound as If the person
shot was sitting upright and the person
firing was higher up. He said the same
angle would be produced if the person
shot was in the act Of rushing forward
In a crouching attitude. The angle OF
the wound would depend. he admitted,
partly on whether the body of the per-
son shot was upright or leaning for
ward. "If Rush was sitting upright
in the chair, how high above him
would a revolver have to be held to
produce a wound that had the down
ward angle this ono had?"
"It would have to be considerably
higher
.The farther away the person who
shot stood, the higher the revolver
would have to be held, wouldn't it?"
"Yes"
He admitted that If the person who
fired the shot was standing anywhere
from four to ten feet distant from the
person shot, and the latter was sitting
upright in chair the revolver used
would have to be higher than an ordi-
nary person could hold it.
His cross-examination was ended
just as court adjourned for lunch.
Mrs. Rush Shows Fortitude.
According to Sheriff Millett Mrs.
Rush sleeps we'll. eats heartily. and is
taking her Imprisonment with remark
able bravery. Sustained by her firm
belief that she will be freed Of the ter
rible charge hanging over her, She is
standing the ordeal and nervous strain
of the trial with remarkable fortitude.
No trace Of anxiety has been noticeable
on her face since she was brought to
sit before the twelve men who are to
Judge her acts. Her sisters, Mrs. F'uns-
ton and Mrs. Kelly. and her aged fa-
ther. Mr.. Clay, and her attorneys, are
with her at the Jail.
Jury Spends Sunday Indoors.
Rain fell here almost all day Sun
day, and kept the jury indoors. The
court room was thrown open to the
jurors and they spent most Of the time
there reading, talking, and otherwise
themselves. while Bailiff
Jernegen stood guard over them.
DEFENSE GROWS SENSATIONAL.