Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-01-18
JUDGE PLArT ovERRuLEs MO
TIoN TO TAKE LoNosHoRE
CASE FROM JURY.
CLAIM RECOMMENDATION
WAS NOT coRRosoRArEu
Counsel For Defense Claims STATES
Evidence will Not Warrant Con.
vietion-stats Concludes Evidence
Hospital Nurses Testify a. to Doc.
tors Behavior.

!, Waterloo, Jan. 18.-In his plea to
direct verdict in favor of his client,
DR. Anna LongshOre. ATTORNEY J. G..
Murtagh gave the following reasons:
!. The evidence does net warrant a
verdict Of guilty.
2. Evidence of Witness Morris is not
corroborated according to law.
3. There is q great and fatal variance
between the Indictment and the proof
4. On the whole record no valid judg-
ment could be pronounced
Following the plea for directed
verdict, Attorney Murtagh asked the
court be adjourned until Monday, Civ
ing as reason that the witnesses for
defense could be better handled if this
arrangement could be made.
Motions overruled by Judge Plat.
James c. Murtagh, one of the course:
for defense, after County Attorney
HoXie announced that the state would
rest" arose and informed the court
that the defense would file a motion for
"a directed verdict, asking an adjourn
ment until $50 in the afternoon
Il do not see that you need to require
SO long time" replied Judge Plat
"Can you not dictate your molten to
the reporter"
There are some matters which we
wish to add" replied counsel for the
defense, "and the motion is now in
preparation"
II will adjourn until 2 o'clock. l am
sure that will be time enough"
I'VE bow gracefully to the wish 81
the court continued Mr.. Murtagh
but hoped we might have little
longer time"
What tn. Code Provides.
On the subject Of confederation OF
co-conspirator the code. under section
$3.50. under the title Confederation OF
Accomplish" says:
"a conviction can not be had upon
, the testimony Of an accomplice, unless
corroborated by other evidence which
shall tend to connect the defendant
with the commission Of the offense; and
the confederation is not sufficient II II
merely show the commission Of the Of
Tense or the circumstances thereof"
Not Criminal Aeeompliee.
The case at bar has not been pro.
cedeing on the theory that Fred Morris
an Illinois, Central engineer. and flame,
Of Miss J. Rebecca Shade, for who's,
death DR.. Longshore was indicted on tn
allegation that she caused the girl!
death by an alleged criminal operation
| was a criminal acc0mplice, but was :
CO conspirator. Otherwise he woult
not be privileged to narrate conve rsa
lions held between himself and Mis-!
Shade, who rs dead. or between him
self and others concerning DIR. Long
shore when the defendant was no
present.
/ The trial, which has continued sine,
Monday, has called forth evidence II
behalf of the state from the following
witnesses:
Fred B. Morris, Mrs. Emma Carr
Mrs. Bertha Williams, Nathan B. Bar
Der, Photographer H. w. Flint. Drs. G
NJ. Nesbit, J. e. O'Keefe, ]. E. Brink.
man, and c. A. Waterbury. Undertakes
E.. F. Kistner. Mrs. w. A. Titus. Mis-:
Frances Breckenridge, Miss Anna Cor.
don.
The state has endeavo,ed to prove
| that DR.. Longshore performed the oper.
alton. In Its motion for directed
verdict, the defense denied that thu
state has proven the allegations Of thu
indictment.
| Senior Nurse Tsst;fiss.
( The first witness called Friday wa'
Miss Anna GordonIsenior nurse in tn
operating room Of the Presbyteria,
hospital, to which plSce Miss Shade wa'
taken at z O'clock Monday morning
| Oct. %, from the apartments Of Mrs
Emma Carr. She stated she remem
bered the arrival of the patient. wh'
was placed Immediately upon the oper
ating table She said that DR.. Long
shore and DR.. Nesbit were with tn
young lady. M
"who else was in the room?" asket
County Attorney Hoxie.
Miss Breckenridge and anothe
nurse"
Did you observe the appearance o
DR.. Longshore ~
"She acted extremely nervous"
what was done with the patient?
"She was placed upon the operatin!
table"
"Was there any examinat ion?"
mo, because the girl was very low
She died five or, ten minutes later OF
the operating table"
what did DR.. Longshore do or say :?
"She threw her coat in the corner o