Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1915-05-15
COUNSEL TRIES
T0ESTABL|SH ACE
Trial Of Oliver Brooks Cass
Today Deals With
Date Of Birth
TESTIMONY OF LOCAL
DOCTOR RULED OUT
Court Sustains Objection,
to Physician as One
Of the Witnesses

t- r sft
The age Of Miss Edith zwer. cor,
planning Witness In the case OF the
state Of Iowa VI. Oliver Brooks. charc
ed with statutory oftense. was tha
cause OF much discussion in the din
ti1oe court today. Tho state reste1
snottly before noon and wftnaeeea
were called for the defense. The
sheriff supoenaed ten today. three 81
whom live near E1bris and fha. othars
tn Ottumwa. .''
Tho discussion over the 9e-of tha
girl began when her mother. Mrs. VII.
ginia zwer took the-stand. She stated
tnaf ner daughter was born on June ~.
1900 In this city. On cross examina.
ton she was questioned closely In re.
gard to what she had told school con
sus examiners when they called 1t the
Iwer home. First she said that thev
had always asked her husband and
that she had never inquired what "a
told them. Then she said that some
times she told them. The defendants
counsel asked her IL she did not tell
the enumerator in 1910 that the girl
was ten years old on, her last birthday
which would have been almost q yeaI
previous to the time that the census
man was gathering his statistics. ia
this she replied that she had no recol.
lection OF what she said or of havina
ever seen the enumerator although she
remembered plainly Of telling him last
June that Edith would be fourteen on
her next birthday and said she thought
1t was about June or 10 that he
called.
Trace Family History.
The witness then was taken through
maze OF questions regarding her
family history. She stated that she
was born In France and came to this
country when girl Of about fifteen
years old, twenty-eight years ago. Tho
family came to this city from Foster
the witness stated, and she was OF the
opinion that 1t was in February, 1900.
She discussed the different places In
which they had lived and used various
means of fixing the time at which, she
claims her daughter Edith Zwer, was
born. She, at the request of the
states counsel, gave the age OF each
Of her seven children and told the
date Of their birth.
object to Physician.
AS 6OOu dS WlTS. ZWcT l6IL Iuc SJ6uU
DR.. e. A. Sheafe was called. AS he
took the stand the defendants coun-
sci moved an objection to the witness
testifying. This was done on the
grounds that (1) the complaining
witness had objected to the appoint
ment Of commission Of physicians to
investigate her physical condition; (2)
that the defense had no obstacle with
which to meet the testimony of the
witness; (3) that the complaining wit
ness had voluntarily submitted to an
examination by the witness on the
stand, and (4) that the court had re-
fused to appoint the commission Of
physicians after the girl had volun-
tarily agreed to be examined by the
doctor on the stand. The state did not
insist on DR.. Sheafe's testimony and
the court sustained the motion Of the
defense and dismissed the witness.
Thomas Girl on Stand.
Malissa Thomas, the girl with whom
the complaining witness Is said to
have been when the alleged crime was
committed, testified Thursday after
noon. Her testimony was much tha
same as the Zwer girls the day befors
and had to do principally with the trip
on the night Of April 26 and the incl
dents leading up to it.
Mrs. Octavia Flactiff, grandmother
or Miss Zwer, was on the stand Thurs
day afternoon also. She testified along
the lines of the girls age, family his
tory and similar subjects.
WincheII Fined $500. 5s
Nick Winchell was fined $500 and
costs by the court Thursday afternoon
after he had pleaded guilty to the
charge Of maintaining liquor nuis-
ance. This was in the case entitled
state of Iowa vs. Nick Winchell ct al.
The action of the state vs. Nick Win
chell was dismissed on motion of the
county attorney.
KING CONSTANTINE