The Bridgeport evening farmer., 1911-01-19
CAUSES SURPRISE IN
 SCHENK CASE
Says He Would Admit Tes. timony of Millionaire
 Husband, If Called
Prosecutor, In Resting for State, Takes Decided Ob- jection to His Honor's Ruling.
fspeeial from rnitea Press }

Especial from United Press)
 Wheeling, w. Va, Jan. 1s.-The prosecution in the trial of Mrs. Laura Farnesworth Schenk, charged with the poisoning of her husband, John O. Schenk, rested its case at 11:45 a. m., today. Prosecutor Handlan s announcement that he would be ing before the noon recess was sur prise to Mrs. Schenk's attorneys who were not prepared to produce their first witness until late today or Fri day.
 The direct examination of the de- fense's witnesses was scheduled to begin immediately upon the resump- tion of court at p. m. Trial Judge Jordan surprised both prosecution and defense when. in overruling. the lat ter's usual motion to exclude the states testimony, he declared that Schenk would have been admitted as a proper witness regardless of the attitude of the prisoners counsel. A state law specifically forbids the in- troduction of husbands testimony against the wife or vice versa, ex- cept by the others consent.
 "I would have admitted John Schenk's evidence irrespective of the statute" Judge Jordan said. 'If a man assaulted his wife and there strous if she could not testify against him. In this case the alleged offense was committed on Schenk and cer- tainly would have admitted him as a competent witness"
 Prosecutor Handlan expressed '..while it is too late now to talk of summoning Schenk, I would have taken the risk of invalidating my case by calling him." he said. 'The law is specific"
 In making his motion to exclude objected to the physicians testimony on the ground that they based their findings upon information obtained from Schenk. This, he held was im- proper. Boyce professed ignorance of the order in which the defense's witnesses would be called. izseWe will have 40 experts to rebut the states medical testimony" Attor- ney O'Brien said. All three lawyers for the defense insisted, today, that the prisoner will take the stand. Prosecutor Handlan laughed at the
 Laura Schenk will never be a witness" he said. "If necessary a plea of physical inability, or 'col- lapse will be made"
 Ninety-three subpoenas were. is- sued for the defense just before noon. All but six are druggists and physi- clans. In the 10 days of the trial, the state has produced Is witnesses. Handlan said he had reserve list of 30, some of whom may be called on rebuttal and IA others whom he eliminated as necessary factors in his case, making a total of 62. From these witnesses statements the prose cution has established this fabric:
 That analysis disclosed large lquan- titles of lead and arsenic in Schenk's drinking water and medicine; that Mrs. Schenk did not want her hus- band to get we'll; tl-at she consulted fortune tellers as to the time of his demise; that she was infatuated with a man 15 years her junior; that she offered a woman detective $1,000 to give knockout drops'' to her hus- band and that she purchased lead and to get arsenic from 8 physician. '
 The last two witnesses on the states side were Herbert O. Baer, druggist and pr. D. B. Best. Both were re- called, solely for cross examination.
 pr. Best described Schenk's symp- case, days before suspicion rested on Mrs. Schenk- Attorney O'Brien's ef- fort to bring out that Schenk had of Bright's disease was OVerruleQe Dy the court.
 Mrs. Laura Farnesworth Schenk. on trial for the alleged poisoning of her husband. John O. Schenk, came into court this morning with sprightly step. There was no hint of a. collapse in the cheerful smile she gave her attorneys.
 'T am feeling much better she said. "It was the stifling atmosphere that made me a little faint. yesterday
 "CollapSe?" she laughed with her lawyers. Do I look like it?'
 Mrs. Schenk passed 8 comfortable night. it was said. at the jail. A that physicians were called to attorneys declare Mrs. Schenk will testify in her own behalf. Attorney O'Brien said she might be placed on the stand. late today
 The announcements by Mrs. Schenk's attorneys that they will summon every doctor and druggist in Wheeling to prove Mrs. Schenk did not buy arsenic was ridiculed by Prosecutor Handlan today.
 "Subterfuge.'' he said. "The defense is fighting to keep Mrs. Schenk off the stand. The plan is to attempt to prove by elimination that the prisoner purchased no arsenic.''
 Handlan is expected to complete his direct evidence some time today. He did not say what he would do with the eVlQenCo ne CIa1nS 70 nave snow ing the physician from whom Mrs. Schenk got the arsenic.
 1.-The defense has a sensational wit ness" Attorney O'Brien declared. There will be developments of startling nature. We shall lose no tine in getting to the bottom of things"
 Lundy Wilson, the chauffeur on Mrs. Schenk's joy rides with Dan Phillips, the young music teacher was recalled by the prosecution. Handlan asked him why he did not tell Schenk of Mrs. Schenk's alleged infidelity.
 "It was none of my, business" the chauffeur answered. ~He wouldn't have believed me. anyhow
 The defense did not question him.
 Alma J. Evans, the regular nurse, recalled, declared that when the sick packer was told of his wife's arrest he sprang up in bed and began to cry bitterly.
 "He cried every day." witness said. SOFT FOR ALDERMAN MILLER.
 City Clerk s. F. Boucher is in re- ceipt of a postal card from Alderman Guy P. Miller, postmarked at Sara sota, Fla, where he is spending three weeks. The alderman has not let any body in Sarasota know that he is He writes on his card