Show I I I KERRS EVIDENCE i f fIS IS SUPPORTED BY I 1 h County Physician PhY ician Says Post PostMortem PostMortem I j Mortem Indicated Mrs Vance tIft Died from Irritant Poison n NEW LEGAL POINT RAISED BY DEFENSE OBJECTS TO HAVING POISONING J AND BEATING B JOINED V ViN 1 IN COMPLAINT J l I The state closed its cast against Thomas Vance charged with the mur murder murdel I Ider der del of o his wife Ife at 4 yesterday I afternoon and the further conduct of o othe the case by b the defense will in in a great greatT measure be affected by the ruling ruUn of or tie the S court upon UDon the motion of o the defense I Ito to compel the prosecution to stand upon I I either the charge of poisoning or upon the charge of or causing death by b kicking Mrs Vance The information filed against Thomas Vance Vanc contained three counts the first 4 I charging that he caused the death d ath of by b kicking and beating her the second that he caused her death by b poisoning her and the third that he lie 1 caused her death by both kicking and 5 poisoning her br The state has elected to stand upon the third count which com corn combines hines bines both actions as a the cause of death The rhe defense In their motion l argued that the two counts count were sepa separate j jI i irate rate and distinct and that the th testimony r rL kmon L mony in the case so far was not such fluch as would allow the court to charge the Jury that they the might find a verdict of o or I guilty r on tin the combined counts The main point made by the defense was W U j jUlat I that the two charges could not be cou coupled co pled pIe as the kicking could under no clr cir circumstances l 1 adduced in the testimony r 0 be a more severe ster crime than murder In Inthe Inthe inthe the second degree while the poisoning If proved must necessarily be murder in the first degree The motion was as ar argued I gued at length by b Judge Maginnis for forthe forthe or the defense and F C Loofbourow for forthe forthe f the prosecution Mr r Loofbourow contended that the poisoning and kicking might be joined as the cause of death while the poison poisonIng t tIng Ing lug alone would furnish turn Ish proof of pre premeditation j meditation The matter was taken un under L Lder der del advisement by Judge Armstrong I who will render d a decision dc f Friday morn mom inC 5 e i Calderwood Testifies Testified 1 Dr A I Ji It was put on the stand standby by the prosecution and proved an excellent witness His testimony de described d t scribed the condition of the tIle body of Mrs Irs Vance Vanee as revealed by b the autopsy and was not o any an appreciable degree by b the i It Is J impossible under un lieI the statute to hold holI court on Thanksgiving t day da and the fury fUr r will be compelled to in seclusion r luring during the holiday The defense will In all probability complete its testimony I Friday afternoon and the case caIe may go goto I to the Jury Saturday Satu ay evening Mrs Ir Amanda Vance ance Ward was again recalled to the stand on the convening of or court and Identified the shirt waist and sweater worn by b Mrs Irs Vance on the th day da her husband threw the coffee e eat at her She admitted that she was aware that Mrs Vance had been tak taking takIng takIng ing drugs and stated that sho aim had begged her not to do co so She paid said that 4 t Mrs Vance had promised ed to discontinue the practice Mrs Ward also admitted t that the tablets taken by her to Dr i Kerr and which were partially ana analyzed analyzed and found to contain no mercury were wre the medicine which her sister sIFter was wan Mr I accustomed to take tale She stated that I the tablets were vere not returned to her herby by I Dr Kerr Jury Allowed to Smell I Mrs Clara was recalled J Jb by b the state and first stated that she had noticed no odor about the room i where Mrs Irs Vance lay Ja Ill on Nov XO 27 2 f 1907 She was then handed a bottle 1 containing oil of or ravine and admitted i having smelled a similar odor In the t f room where Mrs Irs Vance lay Jay on that date The drug drog possesses a strong and i peculiar odor which was impressed l lupon upon the Jurors by allowing each one oneto oneto oneto to smell It Mrs stated that Mrs Irs Vances gums were swollen I and of or a light blue color which grad gradually gradually grew darker but she denied bay hav having h i ing Inge seen n the gums bleed She was not Dot by the defense County Count Physician W Jl R Calderwood 1 was then called He testified that he M h l performed an autopsy upon the body of o I Mrs Irs Vance on Dec De 8 S In company with three other physician ph He found two r f bruises upon the body one In the place t 4 described by b Dr Kerr upon the inner side of the right thigh and the other in the groin He stated that the larger larg r intestine the left ct lobe of the brain and ti Continued on Page 2 Jt KERBS KERRS EVIDENCE IS SUPPORTED BY DR CALDER Continued From Page 1 the stomach showed signs of hemor hemorrhage hemorrhage hemorrhage and that the gums sums lips and lower part of the tongue tan ue were ulcerated Dr Pro Calderwood stated that the lining of or the stomach had partially sloughed away as had the lining of a portion of the Intestines but that the heart liver and lungs were wern normal while the kidneys were somewhat enlarged and of an un unhealthy unhealthy unhealthy healthy color He stated that he believed that the condition of ot the stomach and in intestines intestines had been caused by some Irritant Irritant tant poison polson probably mercury judging jud ng from the condition of ot the mouth al although although a though he admitted that ergot oil of sa savine vine and other drugs might have caused the condition He stated that in his be belief belief belief lief death was due to a weakened condi condition condition condition tion resulting from tram the blows causing the bruises found and by mercurial poisoning On he stated that It was possible and not unknown for a per person person person son who had taken Just the right quan quantity quantity of mercury to live for tor two weeks I and then die as a result of the poisoning and also that there need be no trace of the poison In the body after death If It Just the proper amount am aunt of mercury had bad been tS tro I n 1 I charge ch rge from iro Ut the e ubo body State Chemist Herman Harms was then called and stated that a careful analysis analyst of at the brain stomach kidneys and Intes Intestines Intestines intestines tines of the body bod of Mrs Mary Vance showed no trace of any poison polson He stated that he had found traces of or morphine but In most minute quantities He lIe tes testified titled that he had received the tablets one ore of which Is supposed by b the state to have been given Ivan Mrs Vance from Dr Kerr In October 1508 1908 had bad analyzed them and found them to contain 77 grains of of mercury mercur and a small amount of citric acid which was as used to Increase the of the tablets Solubility of Tablets Mr Harms testified ed that such a tab taJ tablet tablet let as the one analyzed by b him would dissolve In from four to five minutes if agitated but would woud not nat dissolve Inside two to four hours It if allowed to remain in the water undisturbed He stated that If It pulverized the tablets would dissolve within five minutes Lena Vance identified the waist and sweater as those worn by her mother mather on onNo Nov No 26 J Parley White a deputy sheriff tes tee testified testified that he had Mary Vance at atthe atthe atthe the hospital In company with Assistant County Attorney Farnsworth and an had aU ad se so secured secured cured a dying statement from her He stated that Mrs Irs Vance was as con confident confident confident that she would not live and that she had great Ireat difficulty In speaking He stated to Judge Maginnis that Mr th had asked the questions and had written the replies down and that the dying woman waman had signed the state statement statement statement ment in the presence of Mr Farnsworth and md the witness The statement was then offered in testimony and was ob OU objected objected to by the defense The Jury was excluded from the room during the ar argument argument argument After listening to ta the argo arguments arguments ments of at counsel the court ruled that thata a portion of the statement might be ad admitted admitted admitted but that certain portions of ot It must be stricken out The statement as allowed by the court was then read to the Jury jUl It related the quarrel between Vance and his wife his threats to kill her lier and the assault upon her by her husband practically as stated by the witnesses for the state It did not how however however however ever deal at length with the poisoning Mr Ir White then detailed the oral state statement statement ment meat of at Mrs MS Vance at the time the statement was made in which she said that Vance came Into Inta the room while she sho was Will lying ill came to the side of the bed and ind went away without speaking After his Ills departure she drank from a glass of ot water at her bei bedside and Immediately Became worse and continued to grow worse Mrs Amanda Ward Vard was then recalled recall d dand and told of preparing a statement of at the tile poisoning and reading it to her sister who had that It was lust just The Th The statement was then presented p e by the state but was as objected to by the de do defense fenee The objection was sustained The Toe state then rested Its case and anI elected to stand upon the third count of ot the indictment which states that Mrs Its Mary Iary Vance came to her death from tram an n Illness caused by a beating at the hands bands of Thomas Vance and a dose doe of ot bi bl chloride of or mercury administered by him himA A motion was then introduced by the defense that the court order the prose prosecution cution to select one or the ether other of ot these counts During the argument on the mo ma matlon motion Ion tion the Jury was WM again a ln excluded front the room Both the defense and the prosecution presented lengthy arguments the he prosecution claiming that the tho two acts were in effect continuous Numer Numerous ous authorities were presented by both sides and the court took the tho th matter un under under Under der advisement until Friday morning a |