Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-10-13

that the cylinder Of the revolver it is
proved Mrs. Rush used. was not found
until after the coroners evidence had
been taken and the Jury was deliberat-
ing in the station Office.
Claims to Know Poker.
On cross and redirect examination
Yelland came close to being positive
that the poker found beside Rushs
body was the Identical poker he had
often seen hanging on the wall back of
the office stove. He said he saw it
there before, and had never seen it ly
ing on the floor. He had taken it
down, once, when he visited Rush. and
examined it. and to this examination
he credited HIS positiveness. He ad-
mitted Rush treated him very friendly
whenever he called.
Physician on Bullet Wound.
DR.. ]. c. Powers, Attorney II. c. Lig-
gett, and Warnaby. n Sheffield under
taker. were with DR.. Stanton when
Rush's body was exhumed in the Chari-
ton cemetery and the post mortem was
held at the burial place. He described
the wound on the left wrist and of the
left side Of the trunk. as it was de-
scribed by County Attorney Clock in
his opening statement.
Dr. Stanton said the bullet passed
downward struck the sixth rib and the
edge of the seventh, which DETECTED 1t
downward thru heart. diaphragm and
liver. The bullet was found against
the spine. He said it's resting place
was about an inch lower than the point
of entrance He Illustrated the position
Of the left arm. in relation to the body.
as showing how the arm must have
been held in front Of the trunk for the
wounds to have been made as they
were.
Testifies Shot Was Downward.
After passing the ribs he said the
course Of the bullet was in general
downward direction. The angle of
descent, he said, in answer to ques-
ton by Liggett, was forty or forty-ftve
degrees.
"Now basing yonr opinion on the
authorities you have studied. and upon
your experience regarding powder
burns. you may state what distance
from the body thirty-two caliber re-
volver, loaded with ordinary bullet or
shot, would have to be held to body
to produce powder burns.
Over the objection of the defense
DR.. Stanton answered: About three or
four feet"
Upon DISCRIMINATION Andrews
asked him:
when you testified regarding the
distance the revolver had to be held
from a body to produce powder burns,
you were considering that the body
was naked"
YES" answered the doctor.
"You would not attempt to say what
the distance would have to be if the
body was clothed like this one was
and YOU had not seen the cloth1ng??"
NO" WAS the reply.
On direct examination he was asked
From our experience. and from
your examination OF this wound. car
you conceive of any position that the
be possible for him to be in any other
position than sitting down."
Il should Judge that. the person fir
ing the shot was stacc'1g up
What was the position of the per.
son shot7"
He was sitting down."
Gould you conceive OF any Other
position the person shot was in?"
NO, sir, / could not"
DIR. Stanton practically identified the
bullet taken from Rush's body, which
was introduced into evidence. Wher
questioned as to how he determined
the angle of descent the bullet took il
Rush's body, he said The estimated it.
Interest Still Maintained.
Altho court sat at $3.50 this morn.
Ing, and the weather threatened rain
there was little sign that interest IN
the case is waning. BY the middle OF
the forenoon the court room was filled
Judge Wright said this morning that
he would hold court Saturday. He
gave as the reason because of his de-
sire to finish the case as soon as pos
sible, owing to the jury being kept to-
gether. Up to noon today the state
had examined twelve witnesses. and
has as many more to call. 1t is scarce
ly possible to complete the case before
next week.
| c. E. Kopeland. of Chicago. a son OF
Mrs. Margaret Goodrow, and a nephew
of Willard Rush, arrived here for the
trial this morning. Artemus Rush. OF
Chicago, the aged father Of Willard
Rush. who expected to be here. car
not come. He is 81. and in feeble
health.