The Detroit times., 1911-01-19
RESTS CASE
IN sCHENK TRIAL
Defens Will Produce Many Wit
nesses in Effort To Break Down
Testimony for State.

WHEELING, w. Va, Jan. 19.-The
prosecution In the trial OF Mrs. Farms
worth Schenk, charged with poisoning
her millionaire husband, John o.
Schenk, rested its case at 11:15 a. m
today.
Prosecutor Handlan's announcement
that he would be ready to conclude the
taking Of testimony before the noon
recess was surprise TO Mrs. Schenk' s
attorneys, who were not prepared to
produce their firstw itness until late
today.
The direct examination or the de-
lenses witnesses was scheduled to
begin Immediately on resumption OF
the court at p. IN.
Il have absolutely nothing to say
Mrs. Schenk said.
Trial Judge Jordan surprised both
prosecution and defense, when In over
clude the states testimony, he de-
clared that Schenk would have been
admitted as proper witness, regard
less OF the attitude of the prisoners
counsel
introduction of a husbands testimony
dkditlSl tic VIE VI NtCc Nctod, SACCPl
by the others consent.
IL would have admitted John
Schenk's evidence irrespective Of the
statute" Judge Jordan 1safds 3If
man assaulted his wife and tharo 11ge
no Witnesses, 1t would be monstrous
II she could not testify against him.
In this case the alleged offense was
committed on Schenk, and certainly
would have adjudged him a competent
witness" $3.50
Prosecutor Handlan expressed
amazement at the courts ruling.
while II Is too late now to talk OF
summoning Schenk l would not have
taken the risk Of invalidating nay case
by calling him. The law Is specific"
Attorney Frank O'Brien, Boyce's CO.
counsel said the first witness to be
called this afternoon would be one
heretofore unmentioned in that con-
nection. He refused to give the wit
ness name.
The defense will produce at least
200 witnesses, according to Boyce. II
expects, however, to wind up Its side
within three days.
Many Of the 200 will be Wheeling
doctors and druggists, who are ex-
pected to testify that Mrs. Schenk did
not buy arsenic from them.
1--WE win have forty experts to rebut
the states medical testimony" Attor-
ney O'Brien said.
All three lawyers insisted today that
the prisoner will take the stand but
Prosecutor Handlan laughed at the an
nouncement.
Ninety-three subpenas were issued
by the defense just before noon adj
journment. All but six are druggists
and physicians.
In the ten days OF the trial the
state has produced Is witnesses.
Handlan said he had q reserve list OF
30, some Of whom may be called on
rebuttal and IA others whom he elm
mated as necessary factors In his
case, making a total OF 81.
From witnesses the prosecution has
established this fabric:
That analysis disclosed large guam
titles of lead and arsenic In Schenk's
drinking water and medicine; tina.
Mrs. Schenk did not want her husband
to get we'll; that she consulted for
tune tellers as to the time Of his de-
mise; that she was infatuated with
u ycdIo Juuioi ohc
offered a woman detective $1,000 TO
give knockout drops" to her husband
and that she purchased lead and at
tempted to get arsenic from Wheel
ing physician.
Included in the list of the defense's
witnesses are Mrs. Klein" the detec-
tive nurse, and DR.. J. w. Myers. Saw
age attacks upon these two witnesses
creditibility are expected.
The last two witnesses on the states
side were Rerbert o. Baer, druggist
anil DR.. ID. B. Best. Both were recall
ed solely for cross-examination.
Attorney O'Brien's efforts to bring
out that Schenk had symptoms OF
Brights disease were overruled by the
court.
Schenks symptoms did not then In
dictate lead poisoning, Best said, but
the trouble from which Schenk was
sufferin might have indicated lead