New-York tribune., 1911-01-20
SCHENK DEFENCE BEGINS
Court Rules Against Examlna.
tion of 100 Wheeling Physicians.
ALSO UPHOLDS DR.. MYERS
Alleged Poisoner Receivers from
Illness-Case May Go TO
the Jury Monday.

Wheeling ". Va. Jan. i9.--With ths
state completing the presentation % itS
evidence to-day in the prosecution of Mrs
Laura Farnsworth Scheuk. charged with
poisoning her husband. John o. schenk
the defence this afternoon began 20 call
It's witnesses, but not before Mrs. Schsnk,
attorney. :. o. Boyce, had moved 70 strike
out all of the states evidence and dismiss
the case
Judge l.. : Jordan promptly overruls6
the motion. declaring that had the state
called Mr. Schenk 10 testify against his
wife he would have allowed the testimony
4 state Law specifically forbids the intro
duction OF husbands testimony against
the wife. or vice versa. except by the
others consent.
Il would have admitted John Schsrk's
evidence Irrespective Of the statute" Judge
Jordan said. IF a man assaulted his wife
and there were no witnesses e would r.
monstrous II she could not testify against
him. In this case the alleged offence Vas
committed on Schank. And 7 certainly
would have adjudged him a competent
witness"
J. J. r O'Rrien. chief counsel to- ths
accused woman. had announced that 10
would PVT on every physician and druggist
IN the city IN an attempt 10 show that
Mrs. Schsnk had not bought arsenic from
any OF them. Dr. J. ". Myers tss'hed tor
the state that Mrs. Schsnk bought lad
poison from him. and that she obtained
Fowlers solution OF arsenic from another
DOCTOR This line was stopped. however
Prosecutor Handlan's objections being sir-
tanned Later the defence attempted 70 pu'
IN evidence the affidavit OF Alice Thomas.
secretary OF n Pittsburg detective agency.
to bring out conspiracy against Mrs.
Scheuk. This was also ruled out
In presenting the case 70 the jury vher
the state closed. Mr. Handlan declared that
the state had shown that schsnk vas in
good health upon his return from Europe:
that the state had shown by competent
physicians ths, the husband was suffering
from both lead and arsenic poison. and
that analyses showed mineral water and
medicines he took contained arsenic and
sugar Of lead: thar Mrs. Schsnk was in
different 10 her husband. preferring another
man. and had predicted his N. speaking
OF the kind Of funeral he would have. that
the accused woman offered a detec'ivA-
nurse 81, on 70 administer poison 20 Scherk.
that she had been indiscreet with another
man. as testified tn by her chauffeur, and
that she had procured sugar of lead from
Or. 7. " Myers asking him also for a
form Of arsenic.
These points have been clearly SET cut."
declared the States Attorney, and upon
them the state bases It's demand for .
conviction.
When Mrs. Schenk entered tho courtroom
this morning she had recovered from tho
indisposition which caused the early sd-
journment yesterday and appeared a'
bright as ever after a refreshing sleep.
While two hundred witnesses were sum
moned by the defence, Mr.. O'Brien said
in his opening statement that not all would
be put on. and IL was hoped that the
presentation of the case for the defence
would not take so long as for the state
He declared that all OF his evidence will
be in in three days. In this case the jury
will have the case on Monday evening.
The state had on eighteen witnesses, ton
days being required. Fourteen were no.
used and thirty are held IN reserve for re-
but,al II is practically assured that the
defendant Will take the stand In Ter own
behalf
Lundy Wilson. the Scheuk's chauffeur
was recalled in the morning
why did you never tell John scheuk
what was going on?" he was asked.
II had no business 10, and Schenk would
not have believed me-" he said.
Miss Alma Evans. Schenks nurse. tcsti-
fed that when told OF his wIfe's arrest
Schenk sprang UP in bed and cried anc
that he cried daily after that. She said
that Schenk had been confined TO his room
al the hospital until November Il, and 40
his bed most OF the time, and that the
first time he was able 10 be wheeled about
was on November II. Or. Best and Her
bert 0. Baer a druggist. who had nor
been cross-examined by the defence, were
called back FOR thar purpose. Nothing ~
importance was brought out from any n
these witnesses, and the states case was
in
Il was at the opening Of the afternoon
session that the defence started, and sharp
,lts between the attorneys marked the
overrrling of the calling OF physicians.
the detective bookkeepers affidavit and an
attempt 20 mpeach the testimony OF DR..