Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1915-04-28
MRS. VAN HORNS ATTORNEYS TO
RELY ON FAILURE OF STATE TO
PROVE MURDER WAS DONE.
MAINTAIN FATAL SHOT
WAS FIRED BY VAN HORN
Attorneys For State and Defense Out
line Case Before jury and Taking OF
Testimony Is sesun-counss' For
Defendant Maintains Case Will Never
Be Permitted to Reach Jury.
Special to Times Republican.

Special to Times Republican.
Mason City. April 2s-With all the
emphasis Attorney Markley could COM
mana in his opening statement to the
Jury this afternoon in his defense Oh
Mrs Charlotte Van Horn, on trlai 1oi
the murder Of her husband. ne deciareu
that the bullet that pierced tne pfai'i
OF Chester Van Horn that caused ms
instant death, was fired from ms Own
hand" The defense is therefore pulit
around that theory, and according ~
his statement he did rot believe thae
the state could prove that crime hau
been committed and Without the ne
cessitv of witnesses for the detenoant
tho Jury would not be given an oPpor-
turitv TO decide but it would be taken
AWAY from them and dismissed oy tNe
judge.
|, was no, until $50 that the TEDIOUS
h,,t all-irnportant work of selecting
iurv vas accomplished. AS soon as
they we're sworn TO try the case en-
the law ana evidence submitted. Ns
state began calling its witnesses. Four
NJ them told what they knew about the
case During most of the testimony
mis- afternoon Mrs. Van. Horn, the oe-
PENDANT was subbing. Her mother,
father son and nurse were present uuf :
ing both morning and afternoon SEES
siors Her parents are elderly people
pioneers of this county, and known .!
al the older residents. The family IS
assisting her all they can financlaliy
and with their influence.
State Case Outlined.
n.y., ;,s;.-,,ep, was read TO the jury
hy County Attorney L. A. Hill. 10
which the plea of not guilty to muir
der was entered Continuing. ne SAID
The facts upon which the state relies
for a conviction in this case are about
az follows; on the morning OF NOV.
% the body of Chester Van Horn was
discovered in bed in his own house on
his farm five miles from Clear Lake.
The defendant was the first TO enter
the house after and the first to dis
cover her dead husband About .
O'Clock that morning she. in company
with Agnes Berkeley. drove to the farm.
Mrs. Van Horn soon went TO the room
where the body was found. Chester
Van Horn was found lying in bed in
the attitude of one sleeping. There was
a wound in his head above and little
head. A lead bullet was found peneath
the head when it vas later raised. Ihe
revolver with empty chamber was by
his side. The defendant purchased a
revolver believed to be the one found
in deaths grasp on this man. There
had been bad feeling between the wife
and husband Instead Of calling rela-
tives brother living close by. they
called those who lived some distance
away. Ii is case circumstantial thru
out but the chain is SO we'll connected
that her guilt seems certain.
Defense Outlined.
Attorney Marley in opening stated:
Sometime during the night OF Nov.
10 Chester Van Horn was killed by a
pistol shot wound. The direction oil
the bullet indicated by the county cor
orer and physicians was conclusive at
that time that it was suicide and after
YOU hear this evidence YOU will decide
that it is just as conclusive nov. The
testimony will show that death was
instantaneous, that the motor center
was destroyed and when found he lay
in exactly the same position he do