The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-01-19


Wheeling w. Va, Jan. 10-The
prosecution i'm the trial of Mrs. Laura
Farnsworth Schenk, charged with
poisoning her millionaire husband,
John q. Schenk, rested it's case at
1l:15 a. m. today.
Prosecutor Handlan's announcement
that he would he ready to conclude
his testimony taking before the noon
recess was a surprise to Mrs. Schenk's
attorneys. who were not prepared TO
produce their first witness until late
today or Friday.
The direct examination of the de-
fense's witness was scheduled &C.
of the court at p. IN.
II have absolutely nothing TO say,
Mrs. Schenk said.
Trial Judge Jordan surprised both
prosecution and defense, when, in
overrullng the latter's usual notion
to exclude the states testimony, he
declared that Schenk would hav,
been admitted as u proper witness, II,
gardless of the attitude of the
prisoners counsel.
A state law specifically forbids the
Introduction of husbands $ testimony
against the wife, or vice versa, eX-
cept by the other consent
II would have admitted John
Schenls evidence irrespective of the
statute" Judge Jordan said. IF "a
man assaulted his wife and there
we're no witnesses, IL would be mon
pI,,
aim. In this case the alleged Of
fengc was committed on Schenk.
And certainly would have adjudged
aim Il competent witness"
Prosecutor Handlan expressed his
dmazomcnt at the courts ruling
while it's too late now to talk oi
summoning Schcnk, 1 would not hav,
taken the risk of invalidating m.
,ase by calling him. The law is spc
clhc."
Attorney Frank O'Brien Boyce's
counsel, said the first witness to bt
called this afternoon would be ont
heretofore unmentioned In that con
nection. He refused to give the wit
ness name.
The defense will produce at leas.
200 witnesses, according to Boyce. 1t
expects, however, to wind up it,
side within three days.
Wheeling. w. Va, Jan. 10-Mrs.
Laura Schenk, on trial for the allcg-
ed poisoning of her millionaire hus-
band, John O. Schenk came into
court this morning with sprightly
step. There was no hint of collapse
In the cheerful smile she gave her at
torneys.
II am feeling much BETTER" sh,
said. "It was the sitting atmospher,
that made me little faint yester-
lay. Collapse?" she laughed with hei
lawyers. "Do ] look like ity"
Lundy Wilson, the chauffeur, wht
testified to Mrs. Schenk's joy-rld,
with Dan Phillips, the young music
clerk. was recalled by the prosecu
ton.
Handlan asked him why he did
legged infidelity.
at was none of my business" th,
chauffeur answered. "He wouldn''
have believed me. anyhow"
The defense did not question him.
Alma J. Evans. the regular nurse
recalled, declared that when the slcl
man was told of his wifes arres
he sprang up in bed and began I,
cry bitterly.
He cried every day." witness said
THAT was repeated day after day
Mcny of the POO will be Wheelint
doctors and druggists, who are ex-
pected 10 testify that Mrs. Schenh
did not buy arsenic from them.
"We will have forty experts to re-
but the states medical testimony,
Attorney O'Brien said.
All three lawyers insisted toda,
that the prisoner will take the stand
but Prosecutor Handlan laughed al
the announcement
Nlnety-three forthwith subpoena'
were issued by the defense just before
noon adjournment, All but six are
druggists and physicians.
In the ten days Of the trial thu
state has produced eighteen witness
es Handlan said he had a reserv'
| list of thirty, some OF whom ma!
| be called on rebuttal and fourteen
| others wrom he eliminated as neces
sary factors. in his case, making
total of sixty-two.
| From these witnesses statement
the prosecution has established thi
| fabric:
| That analysis disclosed large quan
| titles of lead and arsenic in Schenk'
| drinking water and medicine; tina
Mrs. Schenk did not want her sicl
husband TO get We'll; that she con
suited fortune tellers as to the tim
OF his demise; that she was In
fatuated with man fifteen years he
Junior; that she offered a woma