Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1911-01-20

l i.
state completing the presentation of
its evidence today in the prosecution
OF Mrs. Laura Farnsworth Schenk,
charged with poisoning her husband,
John O. Schenk. the defence this aft
ernoon began to call its witnesses
but not before Mrs. Schenk's attor-
ney, S. o. Boyce, had moved to strike
| out all of the states evidence and
dismiss the case. Judge Jordan
promptly overruled the motion. de-
claring that had the state called Mr.
Schenk to testify against his wife.
he would have allowed the testi
| mony.
"a state law specifically forbids the
| introduction of u husbands testimony
against a wife, or vice versa, except
| by the others consent. / would have
| admitted John Schenk's evidence ir
| respective OF the statute Judge Jor-
| dan said. If a man assaulted his wife
| and there were no witnesses it would
| be monstrous if she could not testify
| against him. In this case the alleged
offence was committed on Schenk. And
certainly would have adjudged him
competent witness.
| In presenting the case to the jury
| when the state closed. Mr.. Handlan
declared that the state has shown that
Schenk was in good health upon his
return from Europe; that the state
| has shown by competent physicians
| that the husband was suffering from
| both lead and arsenic poison; that
| ANALYSIS of mineral water and medl-
| cine he took contained arsenic ana
sugar of lead; that Mrs. Schenk was
Indifferent to her husband, preferring
| another man, and had predicted ms
| death. speaking of the kind of funeral
| he would have; that the accused OF
| fered a detective nurse money 10
| administer poison to john Schenh'
that she had been indiscrete with an
other man as testified to by her chaut-
feur, and that she had procured sugar
| of lead from DR.. ]. w. Myers, ask
| ing him also for a form of arsenic.
! "These points have been clearly set
| out" declared the states attorney
land upon them the state bases its ae-
mand for a conviction.
| II was at this point that Attorney
Royce made his motion to dismiss the
case asserting that the physicians
testimony was conflicting. some claim
ing lead and others arsenic poisoning
and other information was based Oh
what Schenk had told them.
| He said the defence had objected to
| the questions in relation to the things
said by Schcnk. as under the Statutes
of West Virginia the wife cannot tes-
tify against the husband nor the hus-
band against the wife, and for that
reason no other person could testify as
| RI fnl1 X,
| While 200 witnesses were summoned
NV the defence. Mr. OBrien said in
| his opening statement that not all OF
| them would he put on and declared
| that all of his evidence will be in in
| three days and practically assured the
| court that the defendant will take the
| stand in her own behalf.
! When Mrs. Schenk entered the court
room this morning she had recovered
| from the indisposition which caused
| the early adjournment yesterday and
| appeared as bright as ever after a re-
freshing sleep
Theodore Fink was the first witness
of the day, and was called for the pur-
pose of locating the Schenk residence
or the island.
l
testified to- the alleged visit to the res
idence of DR.. Myers.
| Ada Evans, the nurse, testified that
while she was in the Schenk home
nursing Schenk, he had frequent cry
| ing fits
| Did Mrs. Schenk talk to you con-
corning her gentfAmen friends
Eyes One day was in the parlor
! I,or hn
er basket and told me she appreciated
it highly 1t had been given her with
violets. she said, by a special gentle
man friend of hers.
Miss Evans. did you ever put arsenic
into water used by John o. Schenk?"
"No, sir"
Ibid you ever put lead in his medi-
cine?" No"
did Mrs. Schenk narrate improper sto-
ries as to herself and other menu 'She
did" But the witness refused to tell
them to the jury
The witness was permitted to leave the
stand and the prosecution announced it
had completed its case with the exception
of the cross-examination of DR.. Best and
DR.. Myer.
A recess was here taken while the doc
tors were being summoned. During the
recess the defence had "a subpoenas is
sued for the doctors whom Attorney
O'Brien will summon to find whether Mrs.
Schenk really bought poison in Wheel
ing.
When DR.. d. H, Best took the stand he
said he had been the Schenk family ply
stefan for II years before John Schenk' S
latest illness. When he visited Schenll
In October he concluded he was suffering
from Bright's disease and stomach trou-
BILE. He prescribed bismuth and iodine
to deaden pain. poisonous drugs when