Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-05-01
.es-Republican.

Special to Times Republican.
Mason City. May 1.-The state has
occupied just a week in the introduce
ton of evidence in case of the people
against Mrs Charlotte Van Horn, &C
cused of the murder of her husband.
Yesterday the court room was crowded.
the appearance of babies adding little
attractiveness to the surroundings.
Women came in such numbers that
gentlemen We're compelled to surrender
their seats. They expected to listen
10 some sensational evidence but they
had TO be gratited in listening to
heavy, losy, legal discussions of the
lawyers to the court.
The Brazzell case, recently tried at
Dubuque, at which time defendant was
found guilty, the appeal to the SUI
preme court and the reversal of opin-
ion of the supreme court. was one
of the principal cases argued in support
of a directed verdict In reading from
the opinion it was stated that the
court erred in not sustaining the mo-
ton of the defendant for directed
verdict of not guilty. Also motive
and opportunity even when taken to-
gether We're not sufficient evidence of
guilt
The attorneys present in the court
room seem to be generally of the opin-
ion that the evidence on the part of the
state is weak in some particulars, but
is not CORRESPONDENCE as weak as was
the evidence in the Brazzell case. and
that in all probability Judge Edwards
will not be likely to take the case out
of the hands of the jury and direct a
verdict
Positive Motive Established.
The state has been able to estab-
lish a possible motive. Mr. and Mrs.
Van Horn had not lived happily to-
'sether and for a year separated The
fact that Mrs. Van Horn had told a
nefshbor that her husband was no
good gives grounds at least upon which
to base a motive. Then they have en-
deaVored to prove that there was OPP
portunity. On Nov. 19 last Michael
Callahan celebrated his birthday and
Mrs. Van Horn left the farm that af-
ternoon about O'Clock and came into
town. One of her children STAYED at
one home and the other at another
The state put two witnesses on the
stand to prove that on the night Of
Nov. 10 they saw Mrs. Van Horn and
another person driving in the direction
of the Van Horn farm. One of the
men could not fix the time to a GER
talnty but SAID that to the best of his
belief 1t was on the evening of Nov.
10. They have endeavored to prove
that Mrs. Van Horn ordered a re-
volver from Chicago in the name of
David E. DeVera, that package came
to Mason City, was receipted for at the
American express office by lady about
noon of Nov. IA. Also that Mrs Van
Horn left Clear Lake about the noon
hour and came to Mason City and re-
ceipted for the package in the name
of David E. DeVera, and that she was
at home in Clear Lake about 8 o'clock
on the afternoon of Nov. IA, that she
went up stairs in the home of her par
ents, Mr.. and Mrs. Michael Callahan
and came down stairs and burned a
wrapper she had removed from a
package. When a subpoena was served
on her by the sheriff to appear at the
inquest of her husband she said: II
have got to 60 to jail. have II" The
sheriff said to her: Have you done
anything you should be arrested for?"
" WHICH she hdCe no reply. AT one
time in Jail she asked to have the sher-
if come in to see her. When the sher-
if appeared she asked that she might
see an attorney. AT that time the sher-
if asked her if she could enlighten
him on the murder At that time she
said: Come in three hours later and
Will tell you who killed Chester Van
Horn" The sheriff called again at the
hour indicated, but she wouldn't talk.
Suicide Theory Shattered.
The suicide theory, upon which the
defendant is now relying. basing motion
for a directed verdict Of not guilty, has
been quite badly shattered by the state.
They have shown by several witnesses
that quilts were smooth upon the bed
that they were smooth over the back
covering the right shoulder and going
down in a small fold over the right
elbow and then down to the edge of the
bed. The presence of the bullet thru
the motor center indicated instant
death, and the theory OF the state Is
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