The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1911-01-20

Il
schenk did not buy arsenic.
| WHEELING, w. Va, Jan. 19.-The
prosecution in the trial OF Mrs. Laura
Farnsworth Schenk, charged with pois-
oning her millionaire husband, John o.
| Schenk, rested It's case at 11:15 a. m.
| today.
| Prosecutor Handlans announcement
| that he would be ready to conclude the
taking OF testimony before the noon
recess was a surprise to Mrs. Schenk's
| attorneys, who were not prepared to
produce their first witness until late
| today.
The direct examination OF the de-
| lenses Witnesses was scheduled TO
| begin Immediately on resumption OF
| the court at 2 d. m.
Il have absolutely nothing to say. .
Mrs. Schenk said.
Trial Judge Jordan surprised both
prosecution and defense, when In over
ruling the latters usual motion to ex-
clude the states testimony, he de-
clared that Schenk would have been
admitted as a proper witness, regard
less OF the attitude Of the prisoners
counsel.
| A state law specifically forbids the
Introduction of husbands testimony
| against the wife or vice versa, except
by the others consent.
II would have admitted John
| Schenk's evidence irrespective of the
| statute" Judge Jordan said IF a
man assaulted his wife and there were
mo witnesses, Ii would be monstrous
! il she could not testify against him.
| In this case the alleged offense was
committed on Schenk, and certainly
would have adjudged him a competent
witness"
Prosecutor Handlan expressed
amazement at the courts ruling.
| while II Is too late now to talk OF
-mmoning Schenk / would not have
taken the risk OF invalidating my case
| by calling him. The law Is specific"
Attorney Frank O'Brien, Boyce's CO
counsel, said the first witness to be
called this afternoon would be one
heretofore unmentioned In that con-
nection. He refused to give the wit
ness name.
The defense will produce at least
200 witnesses, according to Boyce. IL
expects, however, to wind up Its side
within three days.
Many Of the 200 will be Wheeling
doctors and druggists, who are ex-
pected to testify that Mrs. Schenk did
not buy arsenic from them.
We will have forty experts to rebut
the states medical testimony" Attor-
ney 0'Brien said,
All three lawyers insisted today that
the prisoner will take the stand. but
Prosecutor Handlan laughed at the an
nouncement.
Ninety-three subpenas were issued
by the defense just before noon ad-
| journment. All but six are druggists
and, physicians. 49,
In the ten days OF the trial the
state has produced Is witnesses
Handlan said he had a reserve list OF
| 80, some Of whom may be called on
rebuttal and IA others whom he elm
mated as necessary factors In his
case, making total OF 81.
From witnesses the prosecution has
established this fabric:
That analysis disclosed large guam
titles OF lead and arsenic In Schenks
drinking water and medicine; thai
Mrs Schenk did not want her husband
to get we'll; that she consulted for
tune tellers as to the time of his de-
mise; that she was infatuated with
a man Is years her junior; that she
offered woman detective $1,000 to
give knockout drops" to her husband
and that she purchased lead and at
tempted to get arsenic from Wheel
ing physician.
Included In the list Of the defense's
witnesses are Mrs. Klein" the detec-
tive nurse, and DR.. ]. w. Myers. Saw
age attacks upon these two witnesses
credibility are expected
The last two witnesses on the states
side were Herbert o. Baer, druggist,
an, DR.. d. b. Best. Both we're recall
ed solely for cross-examination.
Attorney O'Briens efforts to bring
out that Schenk had symptoms OF
Bright's disease were oyerruled by the
court
Schenk's symptoms did not then I'm
dictate lead poisoning, Best said, but
the trouble from which Schenk was
sufferin might have indicated lead
| poisoning.