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The Murder of Anna Wiese | ||
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EVENING TIMES REPUBLICAN |
SATURDAY, APRIL 14, 1894 | |
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HEADLINES APRIL 14, 1894 BEGINNING OF THE END Defense Rested Their Case and the State Began Rebuttal Last Evening Conclusion of Mr. Bennett's Story - Few Developments - Defendant Not Called FRIDAY AFTERNOON CONTINUED Continuation of C. A. Bennett's direct testimony: The doctor said when he first came that she had symptoms of typhoid fever; didn't know whether he could head it off or not; she was pretty sick for a week; she was not quite as bad when she came to the jail; was after the doctor when she was arrested; I did not suspicion we were charged with the murder. When I got back from Gladbrook, where I went after the doctor, I came to Marshalltown and found my wife in jail; the doctor had been to see her; I thought she was pretty poorly in health when in jail; she appeared to be in reality sick. You can't see Arthur Hill's house from my place. (Shown a small plat of his place, which he says is not correct). Cross - I remember giving my age and my wife's age to the clerk at the time of our marriage; I stated her age as she gave it to me, and if I gave it as two years older than myself I gave it as she told me; I knew my wife six months before I married her. There was nothing wrong with my wife's right arm at time of the murder; I never knew of either arm getting out of joint. She pumps water; pumps with one hand as readily as the other when it is down. She told me she had her right arm thrown out several times, but used it same as though it had never been thrown out; she always had trouble with her left shoulder as long as I have known her. She has done her own work since we were married until last fall; never had a doctor for the arm; I can't say that I had been to sleep when Arthur Hill came; I didn't talk with my wife; don't know if she had been asleep; didn't know what it was when Arthur Hill first called; I jumped out of bed when he called the second time; my wife did not get up first. As soon as I told my wife that Anna was murdered she came out of the bed room; don't know that she and Arthur had any talk then; I was there all the time; don't think she said anything to him before he went away. I didn't see the body of Anna Wiese because there were so many in the house; don't remember of talking to Sprecker the Sunday after the murder; did not tell him I could not bear to look at the body. When I went to scene of murder next morning did not get out of my wagon; in the afternoon I was there about 2 o'clock; saw two spots where they said there was blood. Saw Fleming one day when there was some paint on my boot; he said I had better take that boot off or they would have me up for the murder; told him I would leave it there and let it show up for what it was worth; did not say to him "What the devil is that?" My wife was not sick until October; complained of being sick the day she came down to the grand jury; she did not call Dr. Walter the next day after; she did not sleep well for about a week in October. I never accused Anna of being a bad girl. I don't remember of having a talk with James Sellers; I never said to him that Anna was a girl of bad character; never said to him that if he was looking for a girl to have carnal relations with there was Anna Wiese. When I went after the cows I was within full view of Arthur Hill's house and could have seen a person in the door if I had looked; I did not look; had no occasion to. On the Sunday before the murder, when Anna was at our house, I did not see her until she had got past the house; did not hear what passed between my wife and Anna. Was not nearer than the well; don't know how long Anna talked with my wife; there was a fence between them as they talked; I can't tell how far they were from the gate, standing talking. I heard Anna say to Sherlock she would bet she had more money than he had; don't know what he answered her; I went around the barn just then. I have talked with Barney Shultz; have talked to Low; did not say to him my wife was crazy, made so by the way Anna Wiese was talking about her, or that she was crazy about the way they were talking at Russie's. I did not say my wife was so sick the day I took her to the grand jury that I did not expect to get her there. I never heard my wife tell Barney Shultz that Anna was a bad girl; my wife started to tell Barney about some rumors she had heard about Anna, and I told her she had better not tell anything that she did not know herself about. I was with the crowd when they were searching; spent the biggest part of the forenoon; I did not make any statements about Isenhart the night of the murder; did not tell McKarrel when I borrowed the gun I would use it on him; did not say the blood found on the waist came from my wife's arm when she was poisoned; never said I and my wife had been in worse places than this and pulled through; did say I had been in worse financial condition that this would leave me. I am quite positive I got out of my buggy on the Sunday after the murder at Russie's. I did not stay at home the night of the murder to take care of my frightened wife; I stayed to protect my property and see what was going on there; did not hear my wife had been arrested until I got home in the evening; did not talk against Anna Wiese to Frank Nickerson; did not tell him she was a prostitute. Redirect - The streak on my boot was paint and is there now. (Boots produced) This streak on the right boot is the one I spoke about and is the same as then, only not quite so bright. O. Caswell sworn - I got some packages of hair from Dr. Cottle, said to come from the head of Anna Wiese. I turned it over to Prof. M. Ricker. Cross - The hair was kept in my office, in a drawer in my desk, for about three weeks; the drawer was not locked. Redirect - I put the hair in the back part of the drawer and covered it up with paper. E. F. Binford - I received some hair of Caswell, in five or six boxes, and returned it to Caswell in two or three weeks. Cross - While I had the hair I kept it in the back office, in a drawer in a desk. H. M. Pepper testified - I have been a butcher; never tried it, but blood will dry on the hand very quickly; in about five minutes I would say. Cross - I never made a special test; it would not dry so fast if the hand was closed; I don't suppose it would dry off if the hand was perspiring. Prof. M. Ricker recalled - The samples of hair I sent to Dr. Taylor I got from two sources; the hair from Anna Wiese's head I cut off myself; that from Mrs. Bennett's head I obtained from O. L. Binford; got it from their office; can't say which one of the Binford's I got it of. I have examined the old pants button on the waist and found the thread and garment stained with iron rust. The hair I obtained from Binford was in envelopes and marked. Dr. N. Mighell testified - Am a surgeon and physician; was county physician last year; visited Mrs. Bennett in the jail; saw her in the afternoon of day she was arrested; found her not very sick nor very well; her temperature was 100; called the next day; found her temperature was 99-1/2. I have seen her since then; have examined her shoulders and arms; found the muscles of the left arm and shoulder a little smaller than the other arm, possibly a little more than usual between the right and left arms; found a condition that indicated dislocation or rheumatism, but it was slight; if dislocation, it might be replaced without a physician; the condition I found might somewhat obstruct the free use of it. I didn't consider that an expression of pain would be much of a point; didn't examine with that in view. It takes a very short time for blood to dry if on the hands. I examined the hair found in the hand and on the shoulder of Anna Wiese and Mrs. Bennett's hair; I thought the former was lighter, a shade lighter, than Mrs. Bennett's. Cross - I could see but little the matter with defendant's arm. I found no crepitation in the shoulder joint; this would indicate that the fluids of the joint were normal. The ligaments around the joint were a little thickened; found nothing the matter with the right shoulder; the dislocation of the shoulder joint is not uncommon. I think perspiration and the closing of the hand would retard the drying of blood and might be extended to twenty or twenty-five minutes. I didn't place much reliance on my examination of the hairs, as I did not have them together. Mrs. Bennett's hair was a reddish brown. Mr. Ricker - Recalled to identify envelopes in which hair was sent by him to Dr. Thomas Taylor. H. B. Varnum testified - I have butchered more or less ever since I was a boy. A hand saturated with blood will dry in three to five minutes; perspiration would make a difference. At this point the defense rested. Quite a number who had been subpoenaed as witnesses were called, and defendant for prudential reasons, was not put on the stand. It was twenty minutes past 5 when the last witness for the defense was excused, and the state, prior to the evening adjournment, called several witnesses. FRIDAY, APRIL 14, 1894 Continued with the Following Headlines: THE STORY IS TOLD Testimony Closed in the Most Noted Murder Case in Marshall County's History The State Concludes Rebuttal Shortly Before Noon - Argument to the Court Counsel Presenting the Law from Different Standpoints on Instructions The Jury Excused Until Monday, When the Summing Up Will Begin THE CASE CLOSED Evidence All In and Attorneys Now Have the Floor In the Famous Murder Case |
Both state and defense have rested in the Bennett murder case. The defense closed their testimony shortly after 5 o'clock last evening, and the state introduced several witnesses on rebuttal, closing at a quarter after 11 o'clock this morning. Nothing of particular importance was brought out on rebuttal. The attorneys on both sides seem to feel confident that they have made a good case, and appear to be equally confident of a favorable verdict. As stated elsewhere, counsel for the defense concluded that it would not be advisable to put their client on the stand, and they also excused a number of the witnesses that had been subpoenaed without calling upon them to testify. They feel that they have met and successfully combated every point advanced by the prosecution, and have no apprehension of the result. Mrs. Bennett is the same imperturbable, inflexible figure as at the beginning. She sat in changeless attitude through the closing of the case this forenoon, showing no outward sign of the tumult or emotion that might have been raging within. The jury was excused at the noon adjournment until 1:30 Monday, when the argument of the attorneys will commence. Court convened at half-past 1 o'clock this afternoon and the lawyers are presenting the law in the case to the court. Each party has an hour and a quarter in which to present his authorities and suggestions as to particular instructions they may desire, on particular points in controversy in the case, viewed from their particular standpoint. The court requested that both sides present their views of the law involved, so he might have the whole of the case before him prior to drafting his instructions. The manner in which Judge Hindman has handled this case deserves special mention. It is conceded by both sides that he has ruled upon questions before him with the utmost fairness and impartiality, and, considering the importance of the case, the intense interest of counsel on both sides, and the great crowds in attendance at every session, the intricate points involved at various stages of trial, it is a matter upon which the judge is entitled to congratulation that he has been able to conduct the trial without a jar or unpleasant incident. SATURDAY MORNING REBUTTAL W. T. O. Rule testified - Am sheriff of Franklin county; last year was at Bennett's on August 30. Saw Mrs. Bennett at the pump; she was pumping water; can't say what she was pumping into. I got a drink of water, and the pump worked very hard; could probably pump with one hand. W. H. Wilson called - Have examined boards that purport to have been taken from the gate; and my best judgment is that the middle board of the gate that I examined is not here; this board is not so well preserved as the one that I examined; could not find any evidence of the stain on this board. Cross - I will swear that this is not the board I examined; don't claim any marks. One reason is, this board is dirtier; the board I saw was a pine board and unplanned, so is this one. I didn't see any knot holes in the board that I examined; the knot holes in this board are about where the stains should be. Frank Blow testified - I was through the corn east of Bennett's the Sunday after the murder; saw four or five others; we went in from the west side, and were searching for tracks. Cross - I wear a No. 9 boot; there was one man with us who had a No. 8 boot; we took a southeasterly direction and made a circle around to the south side of the field; I would say that I went out in the field for twenty or thirty rods; went in from the west side, about four or five rods from the northwest corner; there were others still south of us; we went in a southeasterly direction. I did not see any one run there; it was early Sunday morning. Charles Coffman testified - I was with Pepperman when he was examining the tracks in the cornfield east of Bennett's; the tracks would go first in one row and strike a hill of corn that would lean, and then pass over to another. There was no indication of the person running; it was an ordinary long step. Cross - It was but a very little south of east in direction; I did not tell you or exhibit to you that the person was running; I told you it was an ordinary long step. Dr. Cottle recalled - The exclusion of air, the moisture of the hands and the constitution of the blood will extend the time in which blood would dry; when a person is in an excited condition blood would not dry so fast; at night, if the hand was closed, it might be thirty minutes or more before it would dry; if the blood was clotted it would stain on pressure quite a while after; in the hair I examined I did not find any hairs that were cut off - that is, none of the long hairs were cut off. (Shown exhibit 39) This was from Anna Wiese's head, that I cut from her head myself; No. 40 is from the head of Mrs. Bennett. I gave Mr. Caswell six specimens; did not count the hairs in the sample of long hair; I gave him 1,500, possibly more. Cross - Counted all the samples except the long hair. My recollection is the long hair was labeled, and I explained it came from the top of the head; I marked on the envelopes where the hair came from; placed my finger on my head and told you where the hair was cut from. If an animal is hunted and killed its blood will not clot as quick as if it died in quiet or at rest; the inside of the hand is not so porous as the outside; think a person could go a half mile and still have moisture enough in the hands to make a stain. Suppose a hand was covered with blood in August, the person runs a rod, comes to a fence, wipes the hand on a barb wire fence, crawls through the fence, then runs a half mile, and holds the hands as a person would ordinarily, could she make a mark on any surface? If the hand was thoroughly saturated I think she could. Barney Shultz recalled - I saw a man in July last in Chicago injured by a street car accident; I helped to carry him away and got my hands saturated with blood; I rode on the street cars about twenty-five minutes and entered my house and wiped my hands on a towel, and the blood showed very plainly; I remember it well because my wife scolded me for leaving the stain on the towel. Cross - I stood on the car steps and hung on to the railing with one hand, and the other was free; there was no dampness on the towel; I washed my hands afterwards; I wanted to clean off my hands so I could take off my coat and wash them. John McKarral recalled - Was present when Caswell and Ricker took hair from Anna Wiese's head; there was not much hair left on the head; Ricker cut the hair and Caswell held the envelopes. Cross - You and I stood side and side; I saw the envelopes were empty when the hair was put in. W. Evans testified - I have observed how long it will take blood to dry; in Oct. last, when I butchered a hog, I got blood on my hands; I worked around for at least thirty minutes and picked up a white door knob that I found in the yard, and my hand stained the knob. Cross - That is about all the experience I have had; I happened to think about this in the sheriff's office; that is the way the state came to know of it; I had not been handling wet tools; I just picked up the knob and saw the stains on it. A. E. Wilbur recalled - Caswell marked the envelopes at the grave, except one which I marked - the one with hair in hand in it. I saw Ricker put hair in envelope while Caswell held them. Ricker had rubber gloves on his hands when he cut the hair. Cross - There was no disfiguring of the body; the amount of hair taken off the head did not show; I did not see any hair put in the envelopes but that from the head of Anna Wiese; I did not see Caswell touch the hair; the last I saw of the samples they were in the hands of Ricker. Redirect - I don't know whether there was anything in the envelopes before the hair was put in. Smith Millard recalled - I have the marriage record of this county; it shows the issuance of a license to defendant and C. A. Bennett; the record shows the license was issued in January, 1886; Mr. Bennett gave his age as 34; Mrs. Bennett's age was given as 36. W. H. Hammond sworn - Was clerk of the grand jury at which examination of Maurice Ricker relative to exhumation of Anna Wiese's body; Ricker testified at that time that he cut the hair off himself, that Wilbur held envelope containing hair taken from hand, and Caswell held the other envelope. Cross - Could not state just what he said before the grand jury, independent of the record. Mr. Lantz sworn - Live in Marshalltown; know defendant; saw her while in jail; Maud Stover was present. Her left shoulder was out of place; they asked me to take hold and help put it back; I pulled on it and it went back into place. Cross - I think the shoulder was out of place; think she put it out in putting up her hair. Maud Stover recalled - I saw defendant in jail; saw her when she said her shoulder was out of place; she threw up her hands and she claimed it went out of place; it was her right shoulder. At this juncture, 11:15 a.m., counsel for the state announced that they had no more witnesses to call, and the testimony closed.
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