The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1911-01-26

n The verdict Of guilty means that
the children. Robert and Virginia, are
the son and daughter Of a convict
mother. who willsonlySbe; able TO meet,
them across that barrier in the other
world: Mr.. Maury has. told, YOU what
the people Of Ohio county want. i
know what the people Of Ohio county,
want, ~ ! dare tell you. They want
you to do your duty. That's what
they want. ] hope, gentlemen, you
will do your duty and / thank you for
your kind attention." u; h. ii Z. n;
Mr. Boyce closed his argument at
t1O:55 fo'clock and the court ordered
a7short adjournment. t9 4; I
Mr.. HANDLN Begins. i
Prosecuting Attorney ]. 5Bernara
Ha4dlnn then began his address say
Ing; in lpart:i VI 4
on are almost near the end OF
a long and tedious trial, but you have
her here an important duty to : demon.
strate that the LAWS correct and exs5
act. congratulate that there Is 10 be
a demonstration to the owrld at large
that you can do your duty.
~ did hear Mr.. Bpyce In the case OF:
Mooney and Friday make the same
argument as In the case Of christy:
but the circumstantlal evidence hung
Mooney and Friday, who killed old
man Hervey at Elm Grove ,in4cold
blood. -.{Si - S. ,!, ssi
This court has told that circum.,
stantial evidence can show motives.
The evidence shows that on October
, 20 26 was called to the ONCE Of. Dr..
|IHupp where | found relatives, Of
John Q. scheRk. That day: a telegram.
came from Baltlmoyes that the water
John schcnk had been drinking had
arsenic in IT. A few days preceding:
Dr. Hupp told me that Mrs. schenk
had told him that she would ;just as!
soon see John Schenle die;
The plan pursued was that a.
nurse should be placed in the hospital;
with John schenk. Our; investigation
started. s. 81 /, il3 .5!.s
You heard Frank O'Brlen say
that John O. schenk ought to be nut ii
ION the stand by the State, but Joseph
o'Brien said in his argument that his;
testimony would be lnadmissable; Il
but Frank was mistaken; Joo was vas
right. Maybe you would have been
mislead by his error had Iinot had an
Opportunity to explain.
What was John Schenk's condi.
tlon In Europe and prior. to hts trlp?:
DR.. Best can tell us that John o.
schenk was a sound man. Only once
could be remember Of treating hin,
and that wa sin September, 1909, for
quinsy and tonsilitis. I, 4 AZ.
Or. Jepson said, when he saw him
In November, that;with the exception
q paleness and ithinness, he was the
samesJohn schcnk.
"Take Hughes; who said John was
going 10 the Springs, but Wolfe, did I
not say he we1it$to the Springs IN 4
Europe. John said 10 Dr.. .Hupp that
he Eneyer had any serious illness. IL
he had all these pains Hughes said he ]
bad, why did he not tell 1t 10 Dr..
Hupp? Do YOU think Dr.. Hupp lied :
Nov We have Wolfe, who, went to
EUROPE with schenk. who said there
was no evidence as to schenk's Ill.
ness. p Z y e. 4
5"l submit TO; you allsthis testimony,
that prior to schenk' S return home he
was Ii; good health. e NJ
n. HAD! NOT BEEN WELL. 4 & N
Nov as to his return. Dir. Best
said that on October 1, John had told
him he had not been well since his
return home. Wolfe, Eof course, was
interested in Johns welfare after
their return, and did not Wolfe say
that he was sick In a saloon in the
middle of. September? He told YOU
he had pains inEhls stomach and was
vomiting. You understand that full
well, gentleiheh. fs5 i! lfa N
"Dt. skeEhaii said after lls rie.
turn that lie found John Sschenk alnf a
bad condition. He found ;albumen In
the urine. WANT to pay my respects
TO Drs. Hupp and Alderman as the
most highly respected surgeons mi the
city. Dr.. Alderman tried to find out
II. John schenk came In contact With
lead In his business. Then there was
only one other place Ito get Sit, and
that was at home, and Dir. Alderman
warned hin not TO eat anything al
home. Mr. Boyce and ME- o'nrjen;I
did not ask old Mother Lasch, who
was attending John schsnks jim bed,I
where y be- Mira schenk was the night Dr.
Alderman came ito the. home tyNhy,psl