Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-25
DEFENSE FLAYS WITNESSES
Attorney Boyce Declares Detective.
Nurse Is Female Judas Iscariot.
PROSECUTOR, ,HANDLAN'S REPLY
Inquiry From u. S. Senate Commit
tee on "Third Degree Methods"
Causes Sensation.

ing her husband. John o. Schenk. opened
with the convening of court at O'Clock,
and before night it is expected that the
case will be in the hands of the jury.
The twelve men who have listened
more than two weeks of testi-
mony are practically worn out under
pected a verdict will be reached quickly.
s. 0. BOyce, senior counsel for the de-
fense, who was in the midst of his argu-
ment when the hour for adjournment ar
rived last night, resumed this morning.
Mr.. Boyce had reached point last night
when he was to take up the testimony of
the witness Daniel Il. Phillips. the piano
salesman. who told of various clandestine
with Mrs. Schenk. He then adj
dressed Judge Jordan. the presiding JUS
tice, and announced that he needed to
summon all his physical strength to do
justice to that part of the evidence, and
he therefore asked that he be permitted
to continue today. The required permis-
sion was given.
Flags the States Witnesses.
Attorney 8. o. Boyce continued his ar
gument for the defendant this morning.
He launched into fnvective against Dan
his way into the confidence Of Mrs.
Schenk only to betray her.
Continuing his argument, Mr.. Boyce
declared that IL Or. J. w. Myers. who
testified to having sold lead poison to-
Mrs. Schenk. had been honest, he
would have gone to the prosecuting at
torney and told him that he had sold
Mrs. Schenk sugar OF lead and asked
an investigation when he learned that
Schenk had been poisoned.
Mr. Boyce, who had assailed the tes-
timony OF Eleanor Zoeckler, the detec-
tive-nurse, on Tuesday, again paid his
respects to her. He characterized her
as q witness who was employed Tor the
sole purpose Of "squirming her way"
playing the part Of a female JUDAS
Attorney Boyce closed his argument
for the defense at 1850 am. and anter
a brief recess Prosecutor Handian
opened the final address Tor the sdses sdase
at IL o'clock. and, looking into the tear
dimmed eyes Of Mrs. .Schenk. launched al
once into the subject. The defendant mao
retained her usual calm demeanor during
the greater part of the morning. Dut
eraduaiIy gave way and, bowling her
head, sobbed bitterly.
Mr.. Handlan explained that the state
had not put John Schenk on the stano pc
cause the laws Of the state do not permit
husband to testify against wife, the
later rmlinr of the court, Notwithstanding.
He then reviewed the entire case, from
Its inception to the examina ton or the
last witness, and claimed that the state
had conclusively shown that MIS- Scnenk
was guilty as indicted.
The courthouse was surrounded py an
immense crowd when the prosecutor De-
gan his address. in the hope there might
still he one vacant seat in the courtroom
But all were occkpied and the crowd was
driven back.
''Third Degree! Inquiry a Surprise.
A sensation developed here today when
il became known that the United States
Senate, through it's select committee ap-
pointed to investigate the administration
Of criminal law by federal officers, had
taken a hand in the case of Mrs. Schenk.
It has been maintained by the defense
that third degree" methods have been
used by the authorities for the purpose
Of extortfng alleged confessions or to
produce testimony against the defendant.
One Of these was I'm relation to the
woman herself when the prosecution last
Saturday morning made the claim that
it had her confession in part. which the
AS the result Of the publication OF this
statement Of the prosecution and the re-
tort of Attorney j. ]. P. O'Brien the lat
ter early Sunday received telegram
from Louis J. Carmody of the committee
Of the Senate to investigate the admin
he asks whether there is anything TO
show third degree methods used by the
to force this alleged state
ment from your client. Am watching
this case carefully. and will appreciate
you may do to help me-"
Attorney Advises Delay.
Attorney O'Brlen last night sent the
reply:
Unable to answer telegram until now.
Would not advise investigation until after
verdict
Prosecutor Handlan refused to discuss
the matter. merely saying in denial that
he had not been compelled at any time
to resort to third-degree methods in the
and conduct of the case.
Woman Reporter Admitted.
For the first time since Judge Jordan
issued his decree barring women from
the courtroom while the trial was in
progress he relented this morning and
poTuilltcu d WVI1uH HowS WSitcT W Gll
with the other reporters. From a point
Of vantage in the clock tower yesterday,
It was stated, a number Of society women
took up positions where they could
see and hear all that was going on In
he room, but Judge Jordan did not notice
hem. He was busy listening to the ad-
iress Of Attorney j. J. p. OBrien. and
here were times when his handkerchief
,ame from his pocket and he surreptitious-
y sought to wipe away the tell-tale
ears, as did many others in the audience
IF men.
Laws Requirements.
Under the laws Of the state OF West
Virginia there can be no sealed verdict.
When the jurors have the case they will
'emain in their room until a verdict is
cached In the event that mono is reached
within q reasonable hour tonight they
viii be taken to their room In q hotel.
who're they will remain until court opens
omorroW morning. They will then be
'ent into the jury room for further de-
The law also provides for instructions to
he Jury before arguments are made by
This was done Monday 30
hat the case went into the hands Of the
ury Immediately at the conclusion Of
NJ. Handlan's argument. The fnstruc-
ions to the jury in West Virginia are
What z charge to q jury In other states
, considered.