The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1911-01-14
MAN In The CASE
Piano Salesman Called in the
Schenk Case.
Tells of Long Automobile Rides
With the Defendant.
FACTS ARE SET FORTH.
In Hypothetical Question
Framed by Prosecution.
Experts Again Take the Center
of the Stage.

VI OAO 0U06Os
| Wheeling, jan 14.-In the Schenk
trial today those who looked for a con-
tinuance of such testimony as Daniel
Phillips. a local piano salesman, gave
yesterday in admitting that he and
Mrs. Schenk had been taking night au-
tomobile rides in her limousine for the
last year or more, were to meet with
a less interesting chapter
The effort of Prosecuting Attorney
j. B. Handlan to prove that Mrs.
Schenk attempted to poison her
wealthy husband, John o. Schenk, last
fall. was to be directed at the morn
ing session to an hypothetical question
/ covering all the facts in the case so
far as they have developed. This ques-
ton began yesterday while DIR. ]. T.
Thornton. who was called to attend
Schenk during his illness, was on the
stand
The sensational testimony came dur
ing the afternoon session. when Daniel
u. Phillips, a clerk, declared he had
frequently been invited by Mrs.
Schenk to accompany her in her au-
tomobile and they had met by appoint
ment in out of the way places, taking
long trips together.
When asked If his friendship for
Mrs. Schenk developed into criminal
intimacy Phillips refused to answer.
He admitted the defendant had visited
the store where he was employed so
often that "she became embarrassing"
He asked her to stop.
Talked About a Divorce.
! He said he had often talked with
Mrs Schenk about obtaining a di-
vorce from her husband, and later Of
the strong probability of her husbands
death.
Ever since the arrest of Mrs
Schenk last November there have been
intimations and actual statements
from the prosecuting attorney that "a
would be called by the state to show
probable motive for the alleged
poisoning. When Phillips was called
| it created more than the usual mur-
| heretofore annoyed both Judge Jor-
| dan and counsel.
Phillips is a piano salesman. His
name has been guarded from pub
| 1icity, and in no plan of the prosecu-
tion that has been given out has his
name been mentioned.
Phillips admitted that Mrs. Schenk
on various occasions had given him
mond pin, and a smoking jacket. but
| denied any knowledge of a $500 fur
| overcoat which, it had been alleged, he
was to have received the day she was
| arrested ana lOQg0Q III jail.
The state attempted several times
to establish undue intimacy between
| the witness and the defendant, but to
| all questions Phillips refused to an
swer, on the ground that he would in
criminate himself and he was sustain
ed by the court.
Phillips told of meeting the accused
at Martins Ferry and other Ohio
points. Beer, wine and sandwiches, he
| said were always taken on these auto
| III a n fir
ther that upon arriving at their des-
| tination a point near Smithf1eld, O.,
the refreshments would be disposed of,
the chauffeur dismissed and that he
and Mrs. Schenk would remain in the
car.
Defendant Is Agitated.
Mrs. Schenk was agitated more than
at any time during the trial, keeping
her head lowered and fumbling with
papers on the table before her.
The defense refused to cross ex-
anime the witness.
Throughout the direct examination
the defense fought against allowing
the witness to answer questions of the
states attorney but was overruled on
every objection. Judge Jordan said
that the full facts should be present
ed to the jury.
The state called DR.. o. W. Burdatts,
a dentist Burdatts examined Mr..
Schenk's teeth on October 20. five days
before the removal of the latter to the
hospital and noticed the blue line on
. the gums. He testified that this was
not due to any diseased condition but
must have come from other causes.
| Professor John w. Mallett, of the
University of Virginia, one of the chem
ical experts who tested the mineral wa
ter alleged to have been poisoned, tes-
| titled that the sample of water sent
him contained eight-tenths grains Of
pure white arsenic to the pint, or SO
grains of Fowler's solution, the common
| form arsenic.
Edward McCallister, the druggist
from whom the mineral water was pur-
lchased. as we'll as the hyomel Quinine
was sure neither of the bottles contain
ed either sugar of lead or arsenic.
Florence Coleman, negress, who
has done cleaning work about the
Schenk home, testified that she was the
only person about the house on the ev-
ening Schenk is alleged to have beer
violently nauseated by drinking minera
| water and said she put nothing into
the water. Other members of the fam
iIy and the nurse were out for an au-
tomobiIe ride while she was there.
Dr. J. T. Thornton was one of the
chief witnesses for the state and wa:
= recalled in the afternoon. He conduct
! ed blood and other tests in an effort II
+ secure a correct diagnosis of the case
! In answer to hypothetical questions b,
Prosecutor Handlan. he said the symp
z toms alleged to have been shown b.
Schenk. contained in the first question
! might have been due to lead poison and
; that symptoms enumerated in the sec
. ond indicated arsenic poisoning.
On cross-examination he admitted
that the same symptoms might be du'
to serious disorders of the stomach
! which was the chief point scored b.
: the defense during the day.
Ordered an Oyercoat.
When the trial was taken up DIR. j
1 I. Thornston was recolled and the de
i he
t The hypthetical question was aban
c doned for the present by the prosecu