Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-01-23
Testimony in Schenk Case
Stricken Out by Court.
ISSUE RAISED By STATE
Evidence Tended to Show Conspiracy
by Parties Not Accused.
TRIAL NEARING THE CLOSE
Woman Accused of Attempting to
Poison Husband Soon to Know
Her Fate.

WHEELING w. Va. January %
There was more than the usual delay in
opening the trial of Laura Farnsworth
Schcnk this morning, because of the
amount of other court business to he dis
posed of. Interest increases as the trial
nearS the close. and five minutes after the
doors were opened the room was filled,
while a long waiting list stood in the
snowy street. The women have not
taken az final the word of Judge Jordan.
delivered early last week. that they will
not nc admitted, and Il number attempted
10 enter the courtroom today. They were
politely Turned aside and the men behind
them permitted to pass. The officers
have their orders and are obcying them.
Moves to Eliminate Evidence.
When tie trial opened the prosecutor
made his presence known Immediately by
moving To strike from the record the
testimony of Jane Hedges. who declared
on the stand Saturday that Albert
Schenk had told her he would leave no
stone unturned to get Laura Schenk out
of the family" The prosecutor declared
that nothing whatever had been adduced
connecting Albert Schenh with such a
conspiracy in any way. He also moved
10 strike out the testimony of DIR. Ben
jamin Morrison. who said DR.. j. w.
Myers. an important witness against Mrs.
conducted by Or r. 81 Haskina. a
brother-in-law of John q. Schenk. He
declared Or. Haskins was in no way con-
nected with the alleged conspiracy.
Judge Jordan sustained the motion in
each case. excluding the testimony, the
defense excepting 10 both. The state
rested. calling no more witnesses in re-
buttal. although forty had been sum-
moned.
Counsel Submit Instructions.
Judge Jordan then asked counsel for
the instructions each side thought should
be given TO the jury. SO that he might
consider then submitting the points to
the jury. Prosecutor Handlan immedi-
Ately submitted his instructions. while a
messenger was sent to the Office of the
counsel for the defense for their court
copy.
Hand,an offered eleven instructions for
the state. to nine of which there were
objections Attorney j. ]. p O'Brien
was i'll. but appeared in the courtroom be-
fore adjournment and presented thirty
separate instructions for the defense. One
Was overruled and two sustained when
court took recess.
Judge Jordan then adjourned court I'M
Ill o'clock.
After the jury has been instructed this
afternoon the addresses will commence
Assistant Prosecutor Fred Naury will
take UP most of the time until adjourn
ment. and will he followed by Attor-
neys Frank O'Brien. j. j. F. O'Brien and
5. -. Boyce for the defense. while Prose
cutor Handlan will close for the state.
Regarded as Blow to Defense.
The exclusion of the alleged conspiracy
evidence by Judge Jordan was a cavare
blow 10 the attorneys for the defense, as
1t leaves their case before the jury with
nothing but the testimony of the experts
As result of the judges action the case
was shortened by at least two DAYS and
the defense was prevented in Sur-reb,lttal
from referring 10 the alleged conspiracy
testimony.