Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-13

Warner girl and the post card sent by
Miss Warner. Hawke testified that on
one side Of this post card was printed,
What Do We Care" basing his state
ment on what Mrs. Rush told him.
Enchanting angrily, I'll fix you right
now" Mrs. Hawke swore Mrs. s
told her. Rush arose from his chair and
came toward her.
This Rush did. according to Mrs.
Rush. soon after the latter opened the
subject of the post card. Mrs. Hawke
testified on cross examination.
Did h say Rush said when the
post card vas mentioned by Mrs. Rush
that. There's not only this post card
but letters too?' Attorney Andrews
asked Mrs. Hawke.
On direct examination Mrs. Hawke
said Mrs. Rush did not tell her Rush
had the stove poker in his ham when
he came toward her. Mrs. Hawke also
testified on cross examination that Mrs.
Rush told her she never tool aim and
never intended to kill Rush and that
she said she got the revolver to protect
herself with.
Struggle For Telephone.
Both Mr.. and Mrs. Hawke testified in
substance that Mrs. Rush told them
that after h fired the revolver it fell
from her hand and both she and her
husband started for the telephone.
While near it a struggle ensued for its
possession. and continued until Rush
fell to the floor
VIVA did she say took place after
she fired" Hawke was asked in direct
examination.
she said she started to the telephone
to call the doctor and she said Willard
went to it to phone Lulu. and they tus-
sled over the telephone" he answered.
=; That the telephone, which stood on
Rush's instrument table. was fixed so
that nc response could be gotten from
central was testified to by j. L..
Rutts. He. F. H. Chichester. and DR..
D. L. Collins tried to use 1t soon after
the murder but could not reach cen
trail" Puts described the way it was
fixed by saying hat a rubber band was
fastened about the hook on which he
ear piece hung and the band was fas-
tened around the mouth piece.
According to the testimony of Chi
chester. Mrs. Rush came toward he
elevator shouting for him soon after
SAY AAoN S1Ac ii'b
or manager said Rush was alive when
he went into the office and found him
on the hooor. Chichester stayed only
long enough to see that the wounded
man was breathing. then summoned
DR.. Collins from the elevator office af-
ter trying to use the phone on the in
struInent table. He said he urged Mrs
Rush to go to Hawkes.. whose house
-,. 49,. :. ,Lo .y1,ioy
Defense's Theory Of Wound.
That the defense contemplates il will
be able to show hat the downward di-
rector. the bullet took after it entered
Rush's body wa due to the bullet be-
ing detected by striking d rib devel-
cned as Attorney Andrews cross exam
incd DR.. Collins. The latter was the
Rush family physician. He was X
to the station when called by Chichest-
er in the buggy of O'Connor, a Rock
well stock buyer, who was in Sheffield
that day.
DR.. Collins said on the witness stand
that he examined the body n found
Rush dead. tried to use the phone TO
call the coroner and did so from the
elevate office. He said he left O'Con-
nor in charge Of the body until other
help came.
At the inquest held at the station
tina. evening. he said he stripped the
body and examined the wound in the
wrist and trunk. His description OF
the latter wound tailed insofar as he
explored it with a probe. with the
states claim Of its location and dlrec-
ton taken by the bullet.
ON r3;rAct a~oY ,ip1-inn no.. said the
wound in the body ran downward unit!
the bullet had struck a rib. His prot
would follow it's course but a quarter
an inch. he explained.
on cross examination he said I
bullet would noc have hit the heart
less it had been detected downward
the rib.
III the bullet hit the heart it woul,
have to havr been detected downward
at quite a sharp angle, would it not"
Andrews asked him.
Yes the physician replied.
On redirect and additional cross ex-
animation DR.. Collins maintained that
he could tell as we'll. as deep as ne
the wound. what course the bull
let took during the distance prooed
as by opening the body and tracing 1t.
But you OOI pIeleHu L "
course the bullet took after 1t got inside
the body" the defense asked him..
No was his answer.
Poker as Probable Weapon.
That the defense will try to prove
that it was the heavy stove poker mat
Rush held in his hand as he advanced
his wife was brought out dur
ing DR.. Collins examination,
Judge Wright's ruling against the
defense on an objection Of Liggett pre-
vented Dr.. Collins from answering the
question. whether or not. presuming
Rush wal advancing with the poker
uplifted, it would be possible for blood
to have gotten on 1t from his wounds.
DR.. Collins admitted during his x
animation by the states attorney that
he went to the station and got the
poker Immediately after Attorney c. +.
Johnston, of the defense had asked him
to do so. The poker was put in evil
dence by the defense.
DIR. Collins described in detail the
position of Rush's body. which lay, he
said. Just a short distance from the
swivel Office chair at the instrument
table. One Of Rush's feet was close to
the leg OF the chair. h poker was
not far from the body. He said the
rayo11,ar wa on the table. broken