Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-08-13
'SNOOK REFUSED
DIRECTED VERDICT
Defense Maintained State
Failed to Prove Manner
of Means of Death.
By the Associated Press.

By the Associated Press.
COURT ROOM, COLUMBUS. Ohio,
August l3.-Judge Henry L. Scarlet
today overruled a defense motion for
a directed verdict of acquittal In the
first degree murder trial Of DR.. James
H. Shook. charged with killing Theora
Xix.
had failed to prove the manner o!
solely on the testimony of Coroner
Joseph Murphy, who said that death
resulted from the severance Of the jug
MAR vein. and that death might have
resulted from other causes.
The trial of DR.. Shook was near the
fury today. Prospects were that DELL
beratiors would begin tomorrow.
The States reputtal testimony VIZ.
tually was complete. There renamed
the Sub-rebuttal Of the defense, tnree-
hour arguments on each side, and Judge
Henry L. Scarletts charge 70 the jury
of ii men and 1 woman.
Rebuttal witnesses summoned by the
state were used to reafdrm Shocks ad-
mission on the night he signed con-
fession to the crime. r. Q: Brown'
stcnosrapher who took down the state
ment' testified that the admission that
shook slit the girls throat after beating
her into insenSibility with q hammer
was in the 49-year-old veterinarian 5
own words.
Accuses Chester Of Debating Confession.
The notes bear Shocks signature, but
the defense claims the statement was
obtained under duress. Shook from the
stand admitted striking the hammer
blows. but said he could not remember
using a knife. He accused Chester OF
debating that part Of the confession.
The girl was killed two months ago
today. She was found on rifle range.
beaten and mutilated and Shook con-
fessed week later. He said she threat
ened his life, and the lives OF his wife
and 2-year-old daughter.
DR.. j. M. Dunn, a Columbus physi-
clan, who made an examination OF DR..
Shook, testified at the start Of today'S
session that he found slight pigmen-
tation that indicated bruiSe on DR..
Shocks body, but that in his opinion 1t
could not have been more than two or
three weeks old.
Dr. Dunn was put on the stand as q
State rebuttal witness to contradict the
testimony Of DR.. Frank w. Harrah that
he had found apparent marks indicating
such an attack as the defense maintains
was made on DR.. Shook by Miss Hix
Immediately before the killing. Both
physicians participated in the examina-
ton which was made last Friday.
DR.. Dunn also described the bruise as
being of such nature as to indicate It
could not have been made by Miss Hix
in the manner described in DR.. Shocks
testimony.
Denies Chester Used Fist.
After DR.. Dunn was excused. Chief OF
Police Harry French resumed the stand.
He denied DR.. Shocks testimony that
Prosecutor John J. Chester. jr.. had
struck DR.. Shook with his fist during
the questioning that led to his confess
sion. Chief French said the blows were
struck by the open hand. He also de-
MED the statement Of John r. Seidel of
defense counsel, made from the witness
stand, that he saw livid marks on DR..
Shocks face two or three times after
the assault.
The chief testified that DR.. Shook
asked him regarding the degrees of
homicide. He said the defendant asked
Chester also and the prosecutor ex-
planned. DR.. Shook had denied this.
Chief French left the stand just
before noon. Chester then announced
the State rested its rebuttal, and court.
recessed for lunch. The defense had
some sur-rebuttal testimony ready for
the start Of the afternoon session, aft
er which the arguments were to start.