Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1919-07-10
ATTORNEYS FOR STATE AND De.
TENSE MAKE OPENING RE.
MARKS IN TRIAL.
PHYSICIAN GIVES
DAMAGING EVIDENCE
Tells jury Young Emerson Asked Him
to Say There Was Life in Body Of
Mother When Found, Thus Hoping
to Avoid investigation BY Coroner
Opening Statements.

Mount Ayr. July l0.-That Roy En-
erson. charged with murder Of his
mother At Creston on May ), asked
him to say that there was life in her
body when it was found so that an
inquest would not DC necessary. was
part Of the testimony Of DR.. J. w.
CoakIey Of Creston, star witness for
the state and the only man on the
stand today.
The hearing Of testimony began this
afternoon following the visit OF the
Jurors and the judge 10 the building in
Creslon where Mrs. Kate Emerson
died The court room was crowded.
In his opening statement 10 the jury
+. II. Carroll. states attorney told OF
the web Of evidence the testimony will!
bring out. He said witnesses would
say that Emerson had said that his
mother was going to commit suicide
and that he didn't give a damn If she
did"
Attacks circumstantal Evidence.
Opening for the defense Judge Max
well attacked TRIALS based on clrCum-
stantlal evidence. He told Of the home
life Of the EmeTsOns. He said that Roy
and his father did not keep books on
their expenditures. each helped HIM
self when he needed money. He adj
mitted THAI AOy might not have had
the regard for his mother that he
might have had.
on motion Of the defense and before
the attorneys made the opening state
ments the court ruled that all witness
es should BE kept from the court room
when not on the stand. The single eX-
ceptiOn is Mrs. Roy Emerson, wife Of
the defendant.
The co~r: explained 70 the attorneys
for the state and the defendant that
during the ,rip TO Creston this morning
to see the building where the crime
s alleged 10 have been committed, the
jurors had not discussed the case
among themselves or talked with any
one outside their party.
Attorney CAROLS statement took up
twenty-five minutes; Judge MaXwelIs
fifty minutes.
What State Will Show.
Carroll said that testimony Of wit
Mrs. Kate Emerson was in the office
OF her sons undertaking establishment
with him and that when the witness
came back later she was gone.
Body was found at the bottom Of the
elevator shaft.
Emerson didn't want inquest held
and tried 20 get one Of the states wit
nesses TO say there was life in the
body when it was found.
A few minutes later bloody stains
were found on the floor OF the work
room on the second floor.
Trail of blood LED 10 the elevator
shaft indicating that something had
been dragged there.
Blood was not dry on the edge of
the shaft and there was blood on the
walls of the shaft two or three feet
from the top.
i bloody damp cloth was found in a
Wastebasket buried in a barrel in the
work room.
Humorous wounds about Mrs. En-
ersons head.
Emerson sent a bloody suit TO the
Creston cleaner.
Defense View OF II.
After telling of the home life Of the
Emersons, how Roy had taken care OF
his father before the latter's death and
how the older man had many time
SAID that ne wanted MN and his y lie
to make a home for themselves Judge
Maxwell explained for the defense
how the blood stains mentioned by the
state were made.
Judge Maxwell said that Roy:
Wiped the blood from his mother:
| face with his hands and then went up
stairs where ne discovered blood or
his shoes.
| Took rag TO the sink, wet it, wiped
off his shoes and then threw it in the
| wastebasket.
Afterwards discovered the elevate.
| gate open on the second floor
| Investigated and found the body O
his mother at the bottom Of the shaft
DR.. Coakley, the first witness called
to the stand said he has been a prac.
Using physician in Creston for four