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Show SAYS MARSHALL BEAT HE ITMOIISE Manager of Warm Springs Tells of Incident Day Before Be-fore Woman's Death. ATTRACTED BY NOISE Testifies Victim Told Him .That Her Husband Had Twice Struck Her. firriphii: rn-ital of Mrs. llo.vhrrt D. M ;irh ;t 1 1 'm r-tury of nri aJIeod attempt u inn her life hy her himhainL the day l lnrt; .slit) wsih shot, ti'Slimouy by ex-jm'iLs ex-jm'iLs as to the ' ' "jrolial)ility " ami possibility' pos-sibility' ' thai, tin? i'alal uliut wan fired liy at-eidi'iit or with suicidal intent, heat-f'l heat-f'l wi'H nlcfi lid ft tut roun.sol i'ur the htat e ii i id dcf'en.ie and indications that tliu st.'itti in Hearing thn introduction of its innin case were features of the preliminary pre-liminary hearing of Dv. Herbert D. Mar.shall, charged with the i;:urder of hifs wife, Novcinher 2S, liMfi, now on bclore Ju(stieu of the Poaco L. ii. Mar-1 Mar-1 1 1 1 1 1 Ji ii , J r. Henry V. Brothers, manager of the Warm rinriun bathhouses miring the month oi' November, gavo the sensa-tional sensa-tional testimony that, the Marshalla were a t the resort. N ovember 27 ; that he heard a s'-ream, heard the cry re-I'laled re-I'laled and, iu el ig at ing, saw Dr. Marshall Mar-shall ami his wife atrugyling in the wtnam room of the ''suit pool ' and that Mrs. Marshall told him in the doctor's prchemo that he had twice a truck her and beat her head against the steam pipes. Doctor on Stand. Ir. II. X. Mayo, physician and sur-cuii, sur-cuii, t est i tying as expert, way allowed i f, stale, after nearly an hour had been co nnii mod in arguments and objections, that it was "higJtly improbable" that the wound from which Mrs. Marshall died could have been self -inflicted; that the mu.zle of' the revolver was held at an angle of about 90 degrees to the skull; that the "average" woman could not have held the gun in the required position and discharged it; that a persou laboring under excitement or fear is not possessed of ' ' superhuman " strength, , and that, tlio revolver in question and j in evidence was unusually hard to pull, i Lieutenant B.' Wallace, U. S. A., j under cross-examination reaffirmed his 1 testimony of Thursday that tho weapon; which killed Mrs. Marshall must have; been he hi at a distance greater than i three inches from the head. I .lames 8. Unv, an expert on gun eon- ; si ruction, test i lied that it was virtually virtu-ally impossible to discharge this revolver hy dropping it, even when the weapon Was cocked, owing to its "safety'' "safe-ty'' appliance. 1j. A. ( 'uinmiugs, a powder salesman, whose testimony was taken out of order or-der t or I he defense, by . express stip-u stip-u la t ion of counsel, testified that tbe marks left on cloth by powder, uuless the cloth is hurned, are not permanent and arc easily removable. Adjourns Until Monday. At the conclusion of Cunimings s evidence court was adjourned until 10 0 Yloc k Monday morning. l udertaker A. J. Jirkin of tho firm which had charge of Mrs. Marshall's body, was the first witness yesterday morning. He gave evidence as to the diseoloratious on Mrs. Marshall's bodv, referred to Wednesday by Dr. C, P. llarvielle, who performed the autopsy, and explained that they were caused by the etfect of the . embalming fluid used. J I. D. Lyon, city detective, was recalled re-called to tell of a test made early in the week as to the ability of a person in room No. 3 to hear what was said in an ordinary tone of voice by one at the telephone in the lobby of the hotel. J. li. Tuttle, who was in room So. 3 at tho time Mr. Lyon telephoned, said he could hear the ollieer distinctly, distinct-ly, although he did not remember tho mhIs used. K. K. L. Collier, county surveyor, was called to identify and describe a map which he had constructed of a certain portion of the Warm springs bathhouses i' ml the premises and street in front. The map was placed in evidence as ''slate's exhibit K. ' : After station that he had been for sev-etal sev-etal fais manager of the Warm Springs Vathbours ami was such In November, l!M."i, Henry P. Brothers testified in substance sub-stance as follows: Tho Marsha lis had been coming1 t to tbe Warm Springs for about a mom h. November .7 Mrs. Marshall came out about 10: .10 in thp morning morn-ing and in a few minutes Pr, Marshall Mar-shall came out and secured t he "M.iit pool" for himself and Mrs. Marshall. Mar-shall. I was sit tins: In the office when I heard a scream. I listened and ill" s. ream was repeated. I tiien went out and went where I could see 1 r. and Mrs. Marshall in the steam room. It seemed like she was trying try-ing to pet away and he was trying to restrain tier. Her face was drawn and she appeared to be suffering. T left and went upstairs, where I could look directly down on the steam room. It. Marshall fell on the floor of the steam room, on his elbow and hand. Tie went to the e-ige of the pool and put his left foot In the wa-t-'f. 1 in all atound the pool, but did not see anyone else. I went back to the office. In about f h e minnics Pr. Mai shall came in and proceeded to eet his va limbics. He asked me if I had hea rd a scream. T fold him T had. He said he hid slipped on a bathing salt, sprained his ankle, fallen asrainst his wife and mad e h er k i lock her i'-ad a-ainst the steam pip?$. That, he said. ca"Si-d her to scream. Then h- asked a'n-,!t bandages for his ankle and w eat across to the hospital to uet them. Nusbund at Hospital. Mr. Frot'-ers tVrt said that Mrs. Marshall Mar-shall came out of the bathhouse while her husband was at the hospiral. He wss rot p-v-iriiuvH ;- vsrify as to wti.it Mrs. M::vs':a!i said to him in the interval he- her hoshand refarne!. but continued his narrative of whnt M-s. Marshall said t"e doctor came Kick from the hos- 1 i L :t i . substantially as fellows: M-s. Marshall said to tho doctor: "V::v .-id o- want to do what you d c'1" The doctor replied: "It was an .K-.-i.lvnt." M's. Marshall said: -It i.-- t:i-t ,-o. You struck ne twice, as la-d a-: vou i.'ould. when you had t.p in ti.e fon-ii and then beat my h.ad a Ta-pst t'-v strain pipes." 1 r. Marshall Mar-shall s ;;': "The i h:a! I didn't do iw. 'hr-- of the kind." T.:cii ,'f'"1 1!r tbe rest room. vo -s -'-a r. : 1 t i ion of 11:0 w; t ness wa s !f,-,c... i to ...;, s-;-o: s indine tj s!-rw i',-' .!'": c ': st-uni i'Oi':r. arid the ba ;:.- ':ou. w . ifhprcrv ; t liat Mr. and Mrs. Marshall had been in the pool for about an hour and that the natural tendency of remaining long in the water would be to weaken tno bathers. The witness said that from the time he first heard the scream until he saw Dr. and Mrs. Marshall in t he steam room was j probably five minutes. He said that Dr. Marshall limped when he came out of ; tiie pool. I On redirect examination, Mr. Brothers 'said that Dr. Marshall did not limp after, : he had crossed the ear tracks and taken ; : the towel off his ankle. ! Precipitates Skirmish. j i Dr. VI. X. Mayo, who was recalled to testify as an expert retarding- the direction direc-tion taken by the bullet, precipitated a wordy war and lengthy argument, regarding regard-ing the scope of permitted hypothetical questions, which was resumed after the ! noon recess. , In ruling1. Judge Martineau reminded the attorneys that In ordei- to use experts in evidence there must he a need for expert ex-pert testimony, and hetrt that some of the questions raised were within the province, of men of common sense and did not call for expert opinion. Dr. Mayo then testified that the bullet was apparently tired from a point considerably con-siderably above the floor; that Its angle on entrance into the skull was nearly aO decrees, indicated by the fact that the ball did not show any tendency to glance, the point or" entrance heint; one of the thickest portions of the skull; that it was "highly improbable" that the wound could have been self-inflicted; that the '"gun" was rather hard to pull now, but not so hard as it was seven days aeo ; that he did not hlieve a woman of average aver-age strength could now pull th weapon, held in the position ind icated by tho wound. Would Fall in Heap. Questioned as to how a person wounded as was Mrs. Marshall falls, Dr. Mayo ?aid that the etfect of the bullet would he to instantly paralyze the mo: or centers, cen-ters, and that the person, whether weak or Mronc. sick or wc.ll. would collapse at once and fall in a heap. On cross-examination Dr. Mayo said that his answers were base.! upon his knowieiU'-1 and the assumptions stated by coups. I for the stte in framinsr the ouestions. He took te skull in evidence and es;riatfl that the bullet had, in its cat:-, of four and cnedin'f inches, traveled trav-eled r.oward about t w. inches from th horhion'a! Plane, estim.i'.in from the ; cunt of ingress into t lie skull of Mrs. Marshall. Answering a qnesT:on as to n he' her or not a i-e:' son could hold t he revolver in the position required to inf'.icr -.po;) them-se'ves them-se'ves the wound fnvn w ivch Mrs. Marshall Mar-shall d:ed. Dr. Mayo :rlied t: at it won'.-' ..iep-ui i lanv'v nron the 'e -.eri'y of the person wield'r? the wnanon. T la cry J. Robinson, of counsel for the defendant, thereupon picked up the re-vo'ver re-vo'ver which the sta'e ha? int rod r.-ed in evidence a nri proceed-"-'! r.o p'aee thr muz-ze muz-ze R-:if.r.ft :he side of h's bad above 'he richt ea r. Dr. Mavo to'. Mr Rnh. inson lie c;d no; I avj the euu in i',;e . cornet pos.Uon to inflict such a wound as Mrs. Marshall sustained, and assisted the attorney to place the weapon in the correct position. Then Ir. Robinson, speaking in reference to "pulling" the weanon, said: "Could I do that?" "j' don' t know," calmly responded Dr. Mayo. "Try it and fee." There was a peneral burst of lnughtr from all over the courtroom, hot Mr. Robinson did not attempt to "pull" the gun in the position he held it. Reverting again to the subject of the course taken by the bullet. Dr. Mayo testified that If the angle of impact were 70 decree? the bullet misrht glance, and that it" it were under 45 degrees it would probably do so. lieutenant Wallace was cross-examined at length as to the resu! ts he obtained ob-tained in the tests made at Fort Douglas, Doug-las, as recited by him Thursday. The officer admitted that different kinds of powder would give different results, but explained that he was usine shells similar simi-lar to those in the weapon wit h which Mrs. M irshull w alleeed to have been shot. Tie went over the ground covered by his direct examination, but was shaken in no material statement. Pull of Ten Pounds. On reoir--"- examination Lieutenant WiiMa.e testified that the measured "pull" of the revolver in evidence was approximately approxi-mately ten pounds, about six pounds ereatf-r than that of the ?tanda:d rifie or revnh-er with the customary standard of sa ;V ; y. James Ray. gunsmith, testified that the lver-Johnson revolver is. by reason of its sa f ptv apnh.a nee, virtually impossible impos-sible to riis'-har-c bv drooping to the 1 f'.oor, even ; houc '. i i t be rock; d. 1 A. Cummincs. powder salesman, t '-?- ::::e1 for ihc defense out of order and bv tit".th:!t;on of --O'lnsol for b-i:h sides. I-Ie s:t':d that "h-'-r1 were many kinds of powder, nd that f--rh variety left a dlf-f-rr,nt stain or mark. It wo'.dd be pns-siM-1 to remove the marks or Mains Wt hv rowder, he said, without difficulty, i I'd " t hat rv.n 1 andh nt: the art Udes (:'. l wonid have ti.e effect of remov- . l.'.g the marks. |
