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Show SAYS MARSHALL BEAT HIS WIFE Salt Lake, Jan. S. Graphic recitil of Mrs. Herbert D. Marshall's story o! an alleged attempt upon her life bv her husband the day before she was shot, testimony by experts as to the "probability" and "possibility" that the fatal shot was fired by accident or with suicidal intent, heated wrangles wrang-les between counsel for the state and defense and indications that the state is nearing the introduction of its main case were features of tho preliminary hearing of Dr. Herbert B. Marshall i charged with the murder of his wife' November 28, 1915, now on before Justice of the Peace L. R. Martineau, Jr ' Henry P. Brothers, manager of the Warm Springs bathhouses during the month of November, gave the sensational sensa-tional testimony that the Marshalls were at the resort November 27 that he heard a scream, heard the cry re peated and. investigating, saw Dr Marshall Mar-shall and his wife struggling in the steam room of the "suit pool" and that Mrs. Marshall told him in the doctor's presence that he had twice struck her and beat her head against the steam pipes. Doctor on Stand. Dr 1L N. Mayo, physician and surgeon, sur-geon, testifying as expert, was allowed allow-ed to state, after nearly an hour had been consumed in arguments and objections, ob-jections, that it was "highly improbable" improb-able" that the wound from Avhich Mrs Marshall died could have been se'f-Inflicted; se'f-Inflicted; that the muzzle of the revolver re-volver was held at an angle of about 90 degrees to the skull, that the "average" "av-erage" woman could not have held tho gun In the required position and discharged dis-charged it: that a person laboring under un-der excitement or fear is not possessed posses-sed of "superhuman" strength, and that tho revolver In question and in evidence was unusualy hard to pull Lieutenant W B Wallace. U S. A. under cross-examination reaffirmed his testimony of Thursday that the weapon which killed Mrs. Marshall must have been held at a distance greater than three Inches from the head. James S Ray an expert on gun construction, con-struction, testified that it was virtually virtu-ally impossible to discharge this revolver re-volver by dropping it, even when the weapon was cocked, owing to -its "safety" aDpl lance L, A, Cummings. a powder salesman, sales-man, whose testimony was taken out of order for the defense, bv express stipulation of counsel, testified that the marks left on cloth by powder, unless un-less the cloth is burned, are not permanent per-manent and are easily removable. |