Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-02
STRUGGLE IS Barred
. IN H|X DEATH TRIAL
Shook Slew Coed When His
Advances Were Repulsed,
Jurors Are Told.

By the Associated Press.
. COLUMBUS, Ohio, August DIR
James H. Shook lay back in his canvas
beach chair today. almost out Of sight
behind the counSels table. and listened
to stories by States witnesses Of the
finding of the body of Theora Hix, the
girl he is charged with killing.
In rapid order, thu prosecution put
on three witnesses to build up the mar
rative of how the young Ohio States
co-ed's body was found last June IA,
on the New York Central rife range on
the western edge of the city. and one
witness who told of seeing a man and
woman struggling there the night the
killing occurred.
DR.. Shook was submitted to another
examination by two physicians before
court convened tGiay. but defense
counsel did not reHeal the nature or
purpose of the examination. He still
was suffering from a spinal test made
last Saturday. The beach chair was
provided for him yesterday after be
complained that the upright chair he
caused him extreme discomfort.
Struggle of Two Is Described.
The State opened the presentation of
its testimony today in the trial of DR..
Shook with the story Of Charles r.
Murray. a carpenter, who told of seeing
a man and a woman scufling near a
parked automobile on the New York
Central rife range the night of June Is
, when Theora HiX was killed.
Murray said that as he drew near. the
man released the girl and stepped out
Of sight Murray said he did not stop.
When the State turned the witness
over to the defense. E. c. Ricketts, asked
the testimony be stricken as there was
nothing to Identify the parties as DR..
Shook and Miss Xix. Judge Henry l.
Scarlet overruled the objection.
Paul Krumlauf. 16-year-old high
school boy, who, with Milton Miller, a
chum. found the body OF Miss Xix the
day after the killing, was called as the
next witness and told how he came
upon the body.
Road Popular With PETERS.
Assistant Prosecutor Paul Hicks. who
examined Krunlauf introduced as evil
dence two pictures of the body, taken
before 1t was moved from the rifle
range.
Ephrar1 johnson. 76-year-old farmer
who was blowing in the field adjoining
the range. recounted the discovery Of
the body after the boys had summoned
him. He corroborated Murray's state.
ment that the road leading past the
rifle range was a popular place fol
"petting parties"
Police Corpl John May, who was
sent to the rifle range with Patrolmar
Emmett Cloud. corroborated previous
testimony AS to the position of the BODY
The policeman said her wrist watch
vas stopped about 10 O'Clock.
Proceeding with the Identification Of
State exhibits, Prosecutor Chester called
as the next witness Homer Richter
police photographer. who took pictures
of Miss Hix's body before and after II
was taken from the rifle range.
Defense Wins Objections.
Among them was photograph Of the
right hand of DR.. Shook, on which the
former professor was wearing a bandage
at the time of his arrest. Dr. Shook
claimed his hand was injured while re-
pairing an automobile.
Defense Attorney Ricketts, objected
to the use of the hand photograph and
Judge Scarlet ruled that it be laid
aside until later in the case. Their
Ricketts, objected to the use Of framed
photograph of Miss Hix. which the
prosecutor offered as evidence to show
the jury how the girl appeared before
she was slain. This objection also was
sustained Ior Inc present.
r. w Mccormack, newspaper pho
tographer, identified pictures he had
taken showing an injury to Miss Hix's
right hand.
Coroner Describes Wounds.
Coroner ]. A. Murphy also testified
to the discovery of strands of hair in
the dead girls hand. He said he con-
cluded that it was Miss Hix's hair be-
cause 1t compared with the short
strands on her forehead.
The coroner related the details OF
the autopsy and described separately
the Is or 20 blows that had been rainec
on the head of the slain girl with ar
instrument which he thought was 9
hammer.
Some Of the wounds were inflicted
with the ball end and others with the
nat or circular end of the hammer, he
said.
The State today went ahead with the
announced intention of proving that
the girl was killed when she repulsec
the advances of her 49-year -old lover.
Prosecutor John j. Chester. IT., in
his opening statement yesterday, told
the jury that the State would show
that on the night Of last June 10, when
Miss Hlx was killed, she refused tc
go with DR.. Shook to a room they
r..
then drove her in his automobile tc
a secluded rifle range on the edge Of
the city.
Dragged SanATiches Charged.
He said the testimony would show
that en- route Shook gave her an emo
tional stimulant in a sandwich and
when the girl objected to his sugges.
tons he few into rage and beat
her on the head with hammer, pune.
tured her inner ear with his pocket
knife and finally cut her throat.
The sandwich. the prosecutor con.
tinued, was purchased on the way tt
the rife range. and was found in the
girls stomach by Coroner j. A. Murphy
during the autopsy. The presence Of
the stinulant will be sworn to, accord.
chemist who examined the contents
Of the stomach. An unnamed witness
was promised who would testify that 9
bottle of the preparation was founC
by county officers in DR.. Shocks desl
in the Veterinary Building at the uni
versity.
! Defense Withholds Details.
The defense did not reveal in 1t.
opening statement any of the detail.
of its testimony. E. o. Ricketts,, ont
OF Dr. Shocks attorneys, informed tn,
jury only that the defense would stant
ION two propositions-self-de ans
impaired mentality"
insanity Ricketts, declared. removed
all possibility of generalization. 1t will
be necessary for the State to prov,
generalization to obtain the death pen
atty it seeks.
Two witnesses heard yesterday wer
Miss Alice Dustin, who. with her sis
ter, shared an apartment with Mis-
Hix and Bertha Dillon. telephone op