The Birmingham age-herald., 1911-01-21
DEFENSE INTRODUCES
 MORE ARGUMENTS Try to Prove MT. Schenk Had
 Long Illness LAWYERS HAVE CLASH Defense Attacks Testimony and Char acter of States Witnesses and the Judge Has Trouble Main
 taining Order
LAWYERS HAVE CLASH

Wheeling, ". Va, January 20.-The de- fense in the trial of Mrs Laura Frans- worth Schenk today introduced testr- nnony to show that her husband, John O. Schenk, whom she is charged with pois- oning, had been i'll for a long time before the time the state alleges the woman ad- ministered poison to him. To support this claim the lawyers for Mrs. Schenk put on the stand Charles B. Hughes, a railroad man, and Dr. A. B. Best, the Schenk family physician.
 The afternoon session of the case W eniivened by several tilts between the at torneys. The defense sought to put on the stand Dr. Robert E. Sloppy of Pittsburg, to impeach the testimony of Miss Eleanor Zoeckler, or Mrs. Klein,' the detective nurse, who testified for the state that she had been offered 5000 by Mrs Schenk to administer poison to her husband
 Attorney Boyce said he wished to show by this witness that the detective nurse was addicted to the use of morphine. The state objected and was sustained, the court holding that this was not proper contradictory evidence. When the defense
 
 stand Charles B. Hughes, railroad man, who testified that long before Mr Schenks trip to Europe he had told the witness that he was suffering from nau- sea, vomiting and abdominal pain, the same symptom the physicians for the state had testified that Schenk had been suffering from when they attributed the cause of poisoning. pr. Best testified that he had treated Schenk for tonsoitis in September, 1909, and had also attended him on occasions. The doctor in answer to the hypothetical question for the state was of the opinion regarding the symp- toms that they were those of lead and arsenic poisoning.
 CrOss-Examine Orsborne
 During the whole morning and part of the afternoon Dr. J. J. Osborne the first witness for the defense, was under the fire of cross examination. The testimony was chiefly in reference to the witness experience in lead and arsenic poisoning, and the prosecutor succeeded in bringing out that symptoms are reported by physi- clans who attended MT. Schenk in the early part of his last illness indicated lead and arsenic poisoning,
 Sensational scenes between the attor- neys marked the first night session of the trial. The defense introduced witnesses to impeach the truth and veracity of Dr. U. that Mrs. Schenk had procured sugar of lead from him, and who also stated that he refused to sell her Flowers solution of arsenic when she applied to him for that poison. The states attorney pro-. tested against a number of questions and their form and this brought on lively tits between the attorneys. It was neces- sary Nor the court to rap hard with his gavel numerous times to quiet the law yers and the crowd in the court room.
 It has been decided by the defense that Mrs. Schenk will not testify.
 The court has asked for instructions from the lawyers for tomorrow. but 1t is likely that they will not be ready
 The lawyers for Mrs. Schenk say they may be able to conclude their side of the case
 Dr. E. A. Hildreth and Dr. Samuel l.. Gibbons, neighbors of Dr. J. w. Myers were called at the opening of the night session. Counsel for the defense sought to impeach the testimony of Dr. Myers through them but they could throw no light on his reputation. There was an other battle between all the counsel pune tuated by bangs of the mallet by Judge Jordan.
 Legal Battle
 Every one knows the reputation of
  shouted the prosecutor to the defense.
 You say that now as the jury cannot hear you," retorted Attorney Boyce.
 .Order! Order," called Judge Jordan. "Gentleman, we must have order"
 Some of your witnesses are crooked" flung Attorney Frank OBrien at the prosecuting attorney.
 That's all right, Frank. but keep your eyes on your own witnesses" came back the prosecutor.
 Ultimately all the counsel gathered at the table of the stenographer and dictated an offer"
 "I will not permit the court to sign such an offer" began the prosecutor, but the judge said he would decide the matter later and directed the jury to be brought in.
 Dr. G. L. Viewig, Dr. H. J. Hersey and Dr. James Gaydosh were then called and testified against the reputation of Dr. Myers on both direct and cross-exam ination.
 There were so much levity in the pro- eeeding that the judge finally ordered the sheriff to arrest anyone who laughed, saying "this Is no circus" The other wit nesses to be called were absent and ad- journment was taken at $50 o'clock.