Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-12

profession and there is nothing 70 In.
d!cate that he deliberately planned TO
leave the prosecution in the lurch.
However, it is claimed DR.. Powers must
have known he was to have been wit
ness. even altho not subpoeraed. as he
conducted the post mortem over Rush's
body at Charlton and appeared before
the grand jury as an important wit.
ness.
Subpoena Not Served.
In his affidavit. Sheriff Millett says
that he twice tried to get service on
DR.. Powers. but could not find him
e!thre time. Then he gave the subpoena
10 his deputy, D. s. Patton. The sheriff
sets out in his swo statement that he
received the subpoena for the coroner
on the morning Of Oct. :. He went at
once TO the doctors office but found
him absent in the country" Again on
Monday oc,. :. at a. m, he says he
went to the physicians office and
again found him away Then the af-
fdavit adds; Il made no further effort
20 serve said subpoena upon him my
self but gave it 10 my deputy, D. s.
Patton. 10 make service.
Patton Also Unsuccessful.
II his affidavit Deputy Patton says
he received the summons for DR.. Pow
ers ct about II a. M. Oct. from Sher-
f Mil.ett Half an hour later he says
ne Went 10 Dr.. Powers office and found
the physician was absent The affidavit
adds that he wen; again to the doctors
office in the evening of Oct ard then
learned he had left the city for Lex
.ngton.
Sheriff Not Negligent.
Even The county attorney. WHO is
most affected ~ the turn affairs have
taken, does not accuse the sheriff Of
negligence Sheriff Ml,ett had not
made returns on any of the subpoenas
ard II is believed that in the rush Of
work connected with the case h had
overlooked the Powers subpoena, es-
! ecialiy since il had passed out Of his
hands
Sheriff Minett said today. i'll explana-
ttor ~ MS deputy not notifying the
county attorney tina. Dr. Powers had
.str town. that he. the sheriff, did not
IN :, himself thai the deputy had not
the subpoena until last night.
He said that ne had not asked his dep
lily. hut thought Patton had sot ser
yi5e on -ha coroner unit! he learned
otherwise Wednesday evening.
Was Important Witness.
Tha, DR.. Powers. who as coroner
Went 10 Charlton or Sept. - with II. c.
I!sgstt ard a L. Warnaby, the latter
the Sheffield undertaken who pre-
1a-ed Rushs body for burial, ard eS-
hured me body ard made post NOR
.eal examination. is generally known.
* - ed
.na course - the hu.iet that killed
vas recovered.
!. is freely said that the state ex-
oec.ed 70 show by DIT Powers that the
bullet entered Rush's body from above
and cours.d downward. which il is
is the course il would have
taken. # Mrs. Rush had shot her nus !
oaaG while N. latter was sitting. as
he STATE is preparing 70 show. Such /
evidence would ne directly contradict /,
5~v D. Mrs. Rushs statements nj how
.ne shooting occ--red. The state. II IS .
alleged. was also ready 20 prove ny Dr..
Powers :ha course = the bullet in de-
all, where !. entered and where Il was
found. and the vital organs il pune i
.ured
Just now this evidence is 20 he
1rou-.: out IS rot known. h;'; i is
ebable- The Sheffield undertaken vii. /
- pu. o. The stand for that purpose !
State Gets Over Scare.
IN spite If the statements made II I
.he COCK and Lis-e,; sftdavi,s these T
attorneys !taer today stated that in
ylew = other evidence secured since
q. night. they 90 not now believe Dr..
Powers ABSENCE VIII materially weaker
heir case.
Judge N-!eh. had nothing to say
The anidsNts ot Dr., Powers
so!ng away, VIXEN Dsked concerning i
his morning NJ court action was
aker il connection with the sling OF .
ne a..iaY.tS, excepting their beng .
laced i-- -r. records