State of Illinois v. Alice Wynekoop

The night of Rheta's death was described as "typical of a mystery novel. Outside the weather was foggy and a dank mist overhung the city." The police arrived at the Wynekoop home at 10:00 p.m. and found Rheta lying partially clothed on her left side on the examination table with a bullet wound in her back. Evidence gathered by police that evening included: powder burns around the bullet wound, no evidence of a struggle, care given to covering her body with a blanket, a .32 caliber revolver near her head wrapped in gauze and wiped clean of finger prints, an open desk drawer and missing $6.00, and a written notice of a 4:30 p.m. telegram delivery attempt.[4] In addition, detectives found a bottle of chloroform and a "passionately termed love note" dated Sunday night (November 19) written by Wynekoop to Earle, who could not be found. The note read, "Precious: I'm choked. You are gone—you have called me up—and after ten minutes or so I called and called. No answer. Maybe you are sleeping. You need to be, but I want to hear your voice again tonight. I would give anything I have to spend an hour in real talk with you tonight—and I can not—good night." Detectives also found the hat and coat Wynekoop had worn on a reported shopping trip that afternoon.[5]

Detectives determined that Rheta was still alive around 3:00 p.m. that day, because, returning from an errand at that time, she declined an invitation to take a walk with a neighbor, Vera Duncan. Rheta explained to Duncan that she needed to get home before Wynekoop departed on an errand. Wynekoop stated that she left the house when Rheta arrived and that she returned about 5:30 p.m. Wynekoop then sent a boarder, Enid Hennessey, a school teacher, on an errand to buy some chloral hydrate. When Hennessey returned, the two had supper together. Rheta was not at supper, Wynekoop said, and when she was still missing a few hours later, Wynekoop became concerned and began searching the house, finally finding her daughter-in-law's body on the table in her surgery. Wynekoop immediately phoned two of her children, Catherine and Walker, and then summoned the undertaker, who realized two hours later that Wynekoop had failed to notify the police and did so himself.[6] Wynekoop later apologized for failing to notify police first.[7] Police took Wynekoop to the Fillmore Police Station along with Catherine, Walker, and Hennessey as well as Wynekoop's sister (Mrs. Harvey Woods), a niece, and a sister-in-law who had also come to the home.[8] All in custody, including Wynekoop, were released around midnight. Police were stationed outside the Wynekoop home.[7]

That evening detectives ruled out the possibility of suicide because "Nobody, not even Houdini, could have shot himself in the manner this girl was shot."[5] It seemed more plausible to detectives that there had been a break-in by a "drug fiend," especially since other break-ins had allegedly occurred at her home.[9] Contributing to the break-in theory was the story given by Wynekoop to the police that no one was at home at the time of Rheta's death.[10]

Authorities immediately launched a search for Earle, who, Wynekoop said, was on his way to the Grand Canyon to take pictures. This story was corroborated by Stanley Young, a companion on the trip, who ultimately provided the alibi that eliminated Earle as a suspect. Young's story was that the two had departed Chicago about 10:00 a.m. on the day of Rheta's death, passing through Peoria, IL, around 3:00 to 3:30 p.m. and arriving in Kansas City around 12:30 a.m. on Wednesday.[11] At Peoria Earle sent his mother a telegram saying they were late starting because Young was having "domestic problems," a perplexing message to police and Young's uncle because Young was not married.[6] Law enforcement in Kansas City had already been notified to apprehend him.[12]

Wynekoop was back at the Fillmore police station by 9:30 a.m. on Wednesday for the coroner's inquest, which was held at the mortuary. Several witnesses were heard, including Wynekoop, who provided general information about the house, Rheta, and Rheta's marriage to Earle. She stated that she had not seen Rheta alive since 2:00 p.m. the day before, when she left on an errand. When questioned about any life insurance policies on Rheta, Wynekoop denied knowing anything, except that Rheta had been turned down by several companies because she was underweight.[13] Wynekoop stated, also, that she loved Rheta "as much as the dead girl's husband, Earle, her son"[6] and that "'Earle and Rheta were very, very much in love—so much so that I often said jokingly it couldn't last.'"[1]

Rheta's father, Burdine Gardner, "a well-to-do flour and salt broker" from Indianapolis, testified that his daughter had been unhappy in the marriage.[14] Officers Sam Peterson and Walter Kelley next described the position of Rheta's body on the table and confirmed the physical impossibility of her placing the gun about 18 inches away from her head where it was found. They stated that Wynekoop had contradicted herself in the story-telling, first saying she had not missed Rheta until finding the body and later saying she found it after calling the neighbor, Vera Duncan. Duncan gave details of her 3:00 p.m. encounter with Rheta, as well as Wynekoop's phone call to her around 7:00 p.m. to inquire if she had seen Rheta. Enid Hennessey, the boarder, testified that "'Earle and Rheta were a devoted couple. There was no discord of any kind.'" She defended the decision not to call the police because "we were all so nearly collapsed that we didn't know what we were doing." It was pointed out to her that they were apparently oriented well enough to call family members and the undertaker.[7] After these witnesses, the inquest was ended abruptly when the coroner announced that he had received additional information that would be relevant to further deliberations.[13]

Other discoveries on Wednesday included a report from officials of New York Life Company that on November 14, less than two weeks prior to the Rheta's death, Wynekoop had, in fact, purchased a $5,000 double indemnity life insurance policy on Rheta, of which Wynekoop herself was the beneficiary. Wynekoop explained the purchase in terms of a "kindly ruse" to convince Rheta, who worried about her health, that she was healthy, because she had passed the insurance company's exam.[7] A second explanation was that she considered Rheta a child, and she had policies on each of her own.[1] An additional double indemnity policy for $1,000, taken out November 2 and benefiting Earle and Catherine, was discovered the following day.[7] Captain John Stege, the officer in charge of the case, learned that the doctor, despite having received a $75,000 inheritance from her deceased husband and having an annual income of $8,000 per year, was down to $26 in her bank account. She had a mortgage on which she was delinquent, and she owed back pay to her boarder Hennessey for housekeeping services.[6]

Stege seriously questioned Wynekoop's story that she was downtown shopping all afternoon, rejected the idea that an intruder would have taken time before leaving to cover Rheta's body, and wondered why Wynekoop had not called police first.[6] Detectives at the house stated that there were no signs of attempted break-in through windows or the door; nor were there sightings of an intruder by neighbors. Neighbors did report hearing a loud sound about 3:00 p.m. that they attributed to a backfiring auto.[15]

There was also the matter of the telegram messenger's observation that lights in the house were on when he left notice of the delivery attempt at 4:30 p.m. This contradicted Wynekoop's story that lights were off when she arrived home at 5:30 p.m., as well as the discovery of the messenger's 4:30 p.m. notice in the operating room Wynekoop claimed she had not entered until 8:30 p.m.[16]

While the inquest was in session the coroner's assistant was conducting the postmortem. He noted that Rheta was mostly undressed at the time of the shooting. Burns around her mouth indicated she had been given chloroform, and powder burns around the wound indicated that the barrel of the gun had been held close to her back.[6] The postmortem also showed she was missing about three quarts of blood, which was not accounted for until the finding of three blood-stained blankets later that day.[17]

In addition, on Wednesday some "gossiping neighbors" advised authorities that there recently had been four other sudden deaths in the doctor's house, three in the last year. First was Wynekoop's husband, Frank Eldridge Wynekoop, "a man of apparent strong constitution," who suddenly sickened and died in the fall of 1929. The second was the March 1933 death of Wynekoop's adopted daughter, Mary Louise, who was not as concerning because she was "less robust than her foster father." A third was Catherine Porter, "a spinster," whom Wynekoop was treating for heart disease. Wynekoop, it was told, shared a $2,000 bank account with Porter and was named the beneficiary of her property, including a 100-acre farm. The woman's body was cremated a day after her death, and a relative later contested the will. The fourth sudden death was Hennessey's father, who was under the medical care of Wynekoop and died from a heart condition the previous May. Death certificates were secured on the four named, and no basis was found for further investigation.[18]

Based on these discoveries and conflicting stories, Captain Stege concluded by the end of the day that the evidence "tended to disprove explanations that Mrs. Wynekoop was a victim of an unknown marauder." "'Some one in the house knows all about this murder.'" Wynekoop continued to be questioned into the evening and was released to return to "the house of death" shortly after midnight, this time to find her home surrounded by a crowd of some 100 people and cars bumper-to-bumper passing slowly by.[19]

In interrogations on Thursday, Earle made several admissions to the police. In addition to confirming the $5,000 and $1,000 insurance policy purchases, he admitted that his mother had instructed him two months before to change the beneficiary on a $10,000 policy he owned from Rheta to his sister and told him to keep her instructions to himself. He admitted having had a secret meeting with his mother the Sunday before Rheta's death contrary to his mother's claim that she had not seen Earle in a week.[18] Wynekoop later explained that Earle was concerned that the neighbors would be judgmental about his lack of a regular job and inability to support Rheta financially,[21] and so he didn't want to be seen at the home where neighbors would conclude that his first trip out west was a failure.[22] Another admission was that he was a philanderer.[18] Investigation into his dalliances found that Earle had a book with the names of over 50 women he had courted, along with his assessment of the women's looks, financial status, and social value.[23]

Earle and Rheta, a professionally trained violinist, were married on August 31, 1929, after a whirlwind romance.[24] Wynekoop stated to investigators that Earle "lost all love and affection for Rheta within a month after he married her because she was anemic and sickly,"[25] "mentally inferior,"[26] and "mentally deranged."[27] Earle stated that they had drifted apart.[28]

Police spent much of Thursday interviewing three of Earle's paramours, all of whom believed Earle had serious intentions in the relationships or were even engaged to him. One, Priscilla Wittl, testified that Wynekoop would have known about Earle's infidelities because Wittl phoned the house once and asked for "Mike," the alias Earle had provided Wittl, and Wynekoop called Earle to the phone.[18]

The report of the coroner's chemist was released Thursday evening, verifying that Rheta had, in fact, been anesthetized with chloroform.[11] The coroner further established that death occurred sometime between 3:00 and 6:00 p.m. and that Wynekoop was the only person who could have been home at that time.[28] Significance was attached to evidence that Rheta had voluntarily removed her clothes as if preparing for an examination, and so must have been with someone she trusted. The coroner concluded, therefore, that "no one but the doctor could reasonably have committed this crime." Wynekoop was arrested at 10:45 p.m. at the funeral home, where she had gone to view Rheta's body.[11]

Wynekoop "accepted her arrest with composure" Thursday evening. At the Fillmore station, she was placed in a room next to Earle's, where she was evaluated by psychiatrists, who declared her to be sane. One's evaluation was that she had "a dominant personality" and was "astute." He said, "She parries questions with the greatest of ease, and she shows no evidence that her mentality has been affected by age. I should say she is the strong willed New England type." He also stated that Wynekoop "'is able to convey an impression of the greatest candor,'" yet she was adept at turning the police's questions to her own advantage. Wynekoop answered "'in a staunch, straightforward manner, like an expert.'"[29]

At 4:30 a.m. Wynekoop submitted to a lie detector test, but as questioning commenced, she observed to technicians that, because of her high blood pressure, "this contraption will be of little help to us." Interrogation continued for two more hours, at which time she was taken, despite her protests to be released to go home, to a cell in the women's section of another station.[30] One of the alienists who had observed Wynekoop that morning stated that, "'Either she is completely innocent, or she is the most heinous of criminals.'"[31]

Overnight, Earle, who had been booked on a charge of murder, also submitted to a lie detector test and more intense questioning. In the morning, he confessed that he was the killer. He told the detectives that he was with Rheta when she was sitting on the examination table. He said, "She lost her balance and fell." Then he picked her up, poured some chloroform in her mouth, and held his hand over her mouth. After she lost consciousness, he shot her. Earle's "pack of lies" was refuted by his traveling companion, however, and subsequently Earle admitted he was "fooling" to protect his mother from the electric chair.[32] He stated he would make "'an ironclad confession to save the one I suspect'"[33] He proceeded to state that his mother might have a motive for killing Rheta, because she was aware of his affairs and his unhappy marriage. Earle and his mother were then placed in the same room where Earle encouraged his mother to admit her guilt. Wynekoop responded, "'I know all the evidence points against me but I didn't kill her.'" Earle wept as he answered, "'Yes, the evidence does point to you… And you had a motive.'"[34] When Earle was released, Wynekoop pleaded to be released as well because, she said, she needed to arrange for Rheta's funeral. Police pointed out that Rheta's family had already departed with Rheta's remains and planned a funeral in Indianapolis. Wynekoop insisted that a service for Rheta would be held in Chicago, as well.[35]

The coroner and State's Attorney stated that Wynekoop's admission was obtained "without threats or bluster," but by winning her confidence. It also was, they said, the chemist's report of chloroform in Rheta's organs that moved Wynekoop away from "her stoic denial" to embrace the story of an accidental overdose of the drug. When the attorney asked her to admit that she chloroformed Rheta, Wynekoop responded, "'But how can I explain this part of it?' She formed her hand to imitate a gun and trigger." The attorney suggested she simply admit that she shot her. Captain Stege stated to the press afterwards that Wynekoop "'began to realize she was getting in deeper and deeper and the confession look to her like a good way out.'"[36]

Wynekoop's initial story was that she shot Rheta to create a cover for her medical malpractice and create a scenario of murder by intruder. Later, in her formal statement Wynekoop said that she fired the gun after considering what action would "'ease the situation best of all.'" The written record of Wynekoop's statement said that she found Rheta sitting on the examination table in her treatment room partially disrobed after having weighed herself and complaining of a pain in her side. Wynekoop offered an examination and allowed Rheta to sedate herself with chloroform. When Wynekoop realized Rheta was not breathing, she administered artificial respiration for about twenty-five minutes, which failed to revive her. This caused Wynekoop to panic and fire the gun. After the shooting, Wynekoop immediately covered Rheta with a blanket and left the house.[30] She later said, "'When the shot fired I nearly fainted from the sudden noise. I can't explain why I did it other than the fact I was terror stricken to discover that Rheta had died from the chloroform. I'm sorry.'" [30]

The Chicago Tribune reported that "more than 300 persons crowded into the inquest room at the county morgue, designed to seat but 100, and the crowd overflowed into the halls and the yard. Automobiles were packed hub to hub…" as the inquest reconvened on Friday afternoon.[37] Before the hearing began, Wynekoop was observed chatting casually with reporters, family, and friends with the "unruffled poise of a social leader greeting her friends who have dropped in for a pot of tea" and "allowing herself to be introduced to 'murder fans.'"[38] In the hearing, the state's attorney presented the bloody sheet and pillow, evidence that Rheta was alive at the time of the shooting, not dead as stated by Wynekoop.[32] Wynekoop said in the presence of the jury that she had signed the formal statement voluntarily.[30] After twenty minutes of deliberation, the jury found that Wynekoop had fired the shot that killed Rheta and ruled that she be held for a hearing before the Grand Jury on a charge of murder.[30]

The questioning of Wynekoop continued into the evening on Friday as detectives sought a "true motive" for the crime. By then evidence and testimony given by Wynekoop herself offered several possibilities. She was "fearful of blame for killing the girl with the anesthetic."[39] It was a mercy killing, because "'Rheta was an invalid… unbalanced and could not live long."[25] She did it out of "accentuated affection" for her "ne-er-do-well and wayward" son to save him from an unhappy marriage, or she confessed out of sacrificial desire to "shield" Earle from culpability.[30] She needed the money from the insurance policies to cover her indebtedness.[32]

Wynekoop was indicted on November 30 after testifying before the Grand Jury that she had not been in any way compelled to make the statement on the previous Friday about Rheta being killed by an overdose of chloroform and then shot.[44] Before the verdict was in, however, Wynekoop was repudiating the confession and stating that the intruder story was most likely. Her attorney said that Wynekoop had made the admission after 70 hours of sleep deprivation and "in response to clever suggestions by police, prosecutors, and alienists to have her admit something."[45] In response, the State's Attorney, Charles S. Dougherty, stated, "Such tactics have become proverbial with the Wynekoops. First we had Earle offering us an ironclad alibi, then repudiating that alibi and confessing that he killed Rheta, and finally admitting his confession was a hoax and his alibi the truth.'" He concluded, "'The Wynekoop mentalities all seem to run in the same pattern.'"[46]

Wynekoop stated that her love for her family was "not complex. It is strangely simple." She added, "'The Wynekoop family is not nearly as strange as a good many other families.'"[22] Earle was no longer considered a person of interest and would be released on December 11 when the State of Illinois chose not to prosecute. He stated that he would give his life to a "personal investigation 'outside the household,'" saying that he could clear his mother's name.[47] Rumors of a plea of insanity were rejected by the defense saying, Wynekoop "would not taint her family with the blemish of insanity."[23]

The opening statement of the prosecution, delivered by State's Attorney Dougherty, focused on details of Rheta's death, particularly on evidence that would prove Rheta was killed by the gun shot of a second person, not by suicide or accidental overdose of chloroform. He stated that Wynekoop was the only one home at the time and capable of administering the chloroform, and he asked for the death penalty. He argued that Rheta and Earle's estrangement, Earle's secret meeting with Wynekoop two days before the murder, her financial problems, and an insurance policy with a double-indemnity payout would be proven the motive.[63] During the prosecution's presentation "murder fans saw the heretofore impassive physician reach repeatedly for water, dab her tearful eyes and clutch her throbbing throat."[64]

The opening statement of Wynekoop's defense team began with a repudiation of Wynekoop's statement to the police, which they stated was prompted by stress. The defense further said that Wynekoop knew nothing of Rheta's death until she found the body, that recent burglaries accounted for cartridges purchased by Earle for the gun, Rheta's hypochondria prompted her self-administration of chloroform, insanity ran in the Gardner family, and a friend of their handyman, John Van Pelt, had access to her practice area.[65] Defense attorney Frank Tyrrell talked about Wynekoop's long history of virtuous deeds and her attempts to soothe the breech between Rheta and Earle.[64]

Burdine Gardner, Rheta's father, was the first of the prosecution's witnesses. He told the story of Earle and Rheta's whirlwind courtship and a one-day notice of the wedding; communications from Wynekoop stating that Rheta was sick, but that he need not come; and Wynekoop's instruction the night of the murder that he tell detectives that Rheta's mother had died of tuberculosis.[66] Enid Hennessey closed the first day with testimony denying that Wynekoop and Rheta were not on friendly terms.[67]

On Tuesday, January 16, Enid Hennessey's testimony concluded. It was followed by Wynekoop's next door neighbor, Vera Duncan, the last known person to see Rheta alive. Duncan testified that shortly before noon on the day of Rheta's death Wynekoop had inquired about Duncan's afternoon plans. Duncan stated that she planned to walk and suggested Rheta might join her, but the invitation was declined by Wynekoop on Rheta's behalf because Rheta would be busy. At 3:00 p.m. Duncan met Rheta coming home from an errand, and Rheta personally declined Duncan's invitation for the same reason. About 7:00 p.m. Wynekoop called Duncan to inquire if Rheta, who was then missing, was there, explaining that Rheta had left the house after 3:00 p.m. and hadn't been seen since.[68]

As Officer Arthur R. March took the stand, prosecution called for the operating table to be rolled into the courtroom, prompting the need for a hasty dosing of digitalis to Wynekoop. Catherine, by her side, "hissed at" the police chief, "'Why didn't you bring the corpse in, too?'" The prosecutor had actually considered employing an effigy of Rheta, but was concerned it could result in a mistrial. Along with the table, several other "gruesome" bloody items were entered as evidence to show Rheta was not dead at the time she was shot.[69] The remainder of March's testimony that day was given to describing the scene of the crime in "meticulous detail" using a chart and pieces of evidence as props.[68] The defense team's cross-examination of Officer March, perceived by the reporter as an "attack," attempted to undermine the officer's consistency and observations.[69]

In the meantime, Wynekoop's health was more and more concerning to her defense team. A reporter speculated about the likelihood of her holding up under the strain of the trial: "This is the question that is puzzling the hosts of 'murder fans' who are pushing their way into the criminal courtroom each day, eager to catch every word of testimony and eager to watch every emotional change of expression that comes to the gaunt face of the sixty-two-year-old defendant, whose iron will to see the trial through is as much an enigma now as it was in the beginning."[76] When at one point Wynekoop slumped in her chair, spectators crowded around to watch administration of digitalis. One of the lawyers attempted to disperse spectators by throwing a law book at them. Wynekoop was then taken back to the jail infirmary, her daughter claiming she had experienced a "serious heart attack."[77] The absence of her son, Earle, was again noted by the prosecution team, which wanted him for questioning. The defense responded, "Earle will make his reappearance at the proper time."[74]

In the meantime, on Tuesday, January 30, Earle was located in a Milwaukee boarding house going by the name of Harry Clark. After questioning by police, he was released because there was no warrant for his arrest. He said that he fled to Wisconsin to avoid a subpoena that would require him to testify at his mother's trial. He blamed the police for being "unscrupulous" in their interrogation of his mother, and "'They scorned scientific methods of crime detection at the time Rheta's body was found.'"[82] He stated that he would soon depart for Arizona.[83]

In court on Tuesday, February 6, Wynekoop appeared before the new judge, Judge Harry B. Miller, to set a date for the second trial. Feeling better, Wynekoop pled to have it "'immediately,'" while the defense team wanted more time to prepare for the trial. By agreement of all parties, the trial was set to begin on February 19.[84] As she left the courtroom, Wynekoop said to reporters, "'This waiting is driving me crazy… I want to get the ordeal of this trial over once and for all.'"[85]

The session on Monday was brief, as one of the defense attorneys was ill with an abscessed tooth. Wynekoop, however, arrived in court appearing stronger and to have "recovered her poise and self-assurance." She was even seen laughing. Wynekoop entered a plea of not guilty, instructions were given to prospective jurors, a few were interviewed, and court was adjourned.[86]

Jurors were again interviewed on Tuesday, February 20, and by adjournment in the afternoon, eight jurors were sworn in and two more had tentative approval by both teams. All jurors had agreed to inflict the death penalty if evidence warranted. The judge dismissed any candidates who had discussed the case with their wives.[87]

On Wednesday, February 21, Wynekoop was feeling "terrible" as the morning session began. "'I'm not as strong as I thought I was,'" she said, relieved, also, that Thursday was Washington's birthday, and therefore, a holiday. The last of the jurors were sworn in by 11:00 a.m.[88] Opening statements were delivered. The prosecuting attorney was more reserved and brief than at the first trial-- "no violent gesturing, no shouting of words—just a quiet monotone." The defense was wordier and more "vehement," taking twice as long as the first.[89]

Following opening statements there was only one witness, Officer Arthur March, as State attorneys took "every precaution to see that Dr. Alice Wynekoop does not collapse again before her second trial for the 'operating room murder' is over."[90] As March took the stand, the operating table was wheeled in, along with all the bloody evidence, which March used to recreate the murder scene, just as he had in the first trial. As March testified Wynekoop "bit her lips, swallowed hard, and lifted a shaking water glass to her lips."[89]

The Friday session began with the completion of the March's testimony. Officer Kelly followed, testifying as he had in the first trial. Next, with his testimony, Burdine Gardner, Rheta's father, testified that Wynekoop controlled her daughter-in-law in matters of communication and insurance. In cross-examination of Gardner, the defense team challenged the prosecution position that Rheta was mentally ill[91] and a previously unheard rationale that "Rheta, in a supposed insane spite against her Wynekoop 'in-laws,' had arranged to chloroform and shoot herself on the doctor's operating table—all to embarrass her mother-in-law."[92] In her testimony, Enid Hennessey testified that she saw the coat Wynekoop customarily wore draped over a chair near Rheta, calling into question Wynekoop's alibi of window shopping at the time of Rheta's death.[93] With respect to the gun shot, she demonstrated the location of the bullet wound by "holding her arm around behind her as though pointing a gun." She was reprimanded by the judge repeatedly for her obvious efforts to help the defense.[94]

Public attendance at the courthouse was dwindling, with only twelve onlookers "in the spectators' seats" on Saturday.[95] Enid Hennessey was cross-examined, and the prosecution called the undertaker, Thomas Ahern, to the stand. He stated that he thought Wynekoop's call strange, because he had to ask Wynekoop once he arrived at the house why she had called him and did not see the deceased until after Wynekoop had detailed to him her whereabouts that day. Ahern was followed by the insurance agents and telegraph messengers, whose testimonies were substantially the same as in the first trial.[96] The session was adjourned at noon, and Wynekoop stated she would "go to bed at once and remain there until Monday morning."[97]

On Monday, February 26, the trial arrived at the point where the first was interrupted—with the prosecution's submission of the statement made by Wynekoop during interrogation. Before the statement could be introduced, however, the bench again was asked to rule on its admissibility.[98] Dr. Harry Hoffman, the Cook County psychiatrist present at the time of Wynekoop's admission, was first to take the stand, testifying that in answer to his question about her motivation for the crime, Wynekoop answered, "'I did it to save the poor dear.'" It was not clear if "the poor dear" was Rheta or Earle and if "it" was her admission of shooting Rheta or the shooting itself.[99]

On Tuesday Thomas Dwyer, who conducted two autopsies, was asked by the defense on the angle of the bullet wound. Jerry Kearns, a second coroner, testified that a third autopsy confirmed the conclusion of the first that Rheta had been killed by the gun, not the chloroform. Clarence Muehlberger, the chemist who had examined Rheta's organs, testified to the amount of chloroform found. David M. Sweet of City National Bank also took the stand to testify that Wynekoop had a $6,000 loan on her home mortgage, which was paid down to $3,500 and taken out to provide support for the poor health of both Rheta and Earle. He stated that Wynekoop had written him asking for several extensions due to lack of money, that she owned property that was producing little income, and that she would come into some money after the first of the year. In addition, an insurance man, Henry Olson, stated that Wynekoop owned an apartment building valued at over $55,000 and in April 1931 took out a $20,000 mortgage loan with the building as security. On the day of Rheta's death she owed the Great Lakes Mortgage company $1,500.[100]

On Wednesday the prosecution called Officer Samuel Peterson, who testified as he had at the first trial. The prosecution wound up its case confirming their call for the death penalty.[101]

The first of the defense witnesses was the court reporter, Vivian Molle, who was asked to read her record of the testimony of the prosecution witness, Dr. Hoffman, the county psychiatrist who participated in Wynekoop's interrogation.[101] Hoffmann stated that the interrogation of Wynekoop was "'the constant questioning of the old woman, slight, weak, and worn.'" Further, Hoffman had said that Wynekoop denied knowing who the murderer was, but had asked if Earle could go home if she confessed, and Hoffmann told her "yes." One of the insurance agents also testified before testimony ended for the day.[102]

Margaret M. Jones, a physician, was the first character witness for the defense. She described Rheta as a woman preoccupied with her health and vulnerable to suicide. She recalled one occasion when, at Wynekoop's request, she was called to examine Rheta, who was lying stiffly on the bed with her eyes closed, "apparently" feigning an epileptic episode. Jones determined that Rheta was fine.[103]

Walker was under cross-examination by the prosecution first thing on Thursday concerning Earle's whereabouts and the "abuse" he felt his mother was subjected to during the eight-hour interrogation that ended with her statement.[104] There followed a number of witnesses including a neighbor, S. E. Cleveland, who was also an undertaker, saying that he saw Wynekoop at the hospital twice on the day of Rheta's death at 12:30 p.m. and later at 4:15 p.m.[105] Fred Feigl, a pharmacist, testified that Wynekoop had purchased morphine shortly before Rheta's death for the purpose of supporting the break-in theory and theft of the drug.[106] There were more character witnesses, including Paul H. Mueller, a publisher, giving witness to all the good Wynekoop had done in the area; Marianna Bugge, a masseuse who had treated Rheta frequently; and Dr. Perry Rose, who stayed at the Wynekoop home while studying to be a doctor.[107] All testified that Wynekoop loved Rheta and that she had no financial issues.[104]

Catherine took the stand in the afternoon, testifying about her mother's phone call to her the night of the murder. She stated that she had not called the coroner because she was advised by a nurse to wait and make sure Rheta was really dead. She also testified that she had experienced Rheta as depressed and planning to "'do something Earle would be sorry for.'"[105]

Catherine's testimony concluded on Friday and was followed by Wynekoop, who had been carried in the absence of the jury to her seat on the stand.[108] The defense sought to establish that the prosecution's case was only circumstantial. Wynekoop's attorney, W. W. Smith. asked her if she had "willfully, feloniously, and with malice aforethought" chloroformed and shot Rheta. Wynekoop denied the charge, but in a "dispirited" way.[109] At a recess, Smith, who attributed her lack of boldness to her ill condition, sought the opinion of an observer, who confirmed that Wynekoop's responses had lacked conviction. In direct examination Wynekoop's testimony included biographical information, circumstances that led to her fatigue at the time of the confession and her theory of the crime. She testified that the $10,000 insurance policy on Earle had been taken out for the benefit of Rheta after consultation with both Earle and Rheta and that she had tried to ease Rheta's melancholy after she complained of Earle's neglect. Wynekoop said of her admission that it had been "wheedled" out by her interrogators, who had assured her that Earle would be released.[108]

Wynekoop testified, also, that she was told that the shooting of Rheta would not be considered a crime and that "the worst I'd be guilty of… was an indiscretion—bad judgement" and would not result in any indictment. Later, Wynekoop testified, she was told that Earle had confessed. When asked to describe the moment she found Rheta, Wynekoop's voice "choked" with sobs, a show of emotion which sent reporters abruptly leaving the room to communicate with their offices.[108]

Under cross-examination Wynekoop was questioned about insurance policies, her failure to use a stethoscope to verify that Rheta was dead, the sequence of events on the day of the murder, the crime scene, and the November 24 interrogation itself.[108] After adjournment Wynekoop's heart required restoratives and rest.[110]

The prosecution continued its cross-examination on Saturday morning, a point by point inquiry into her confession. Wynekoop consistently answered that she was not at the scene of the crime or did not remember. Just thirty minutes into the session, Wynekoop collapsed, the first time the jury had witnessed such an episode, and was sent to the judge's chamber to rest. The prosecutor stated the episodes appeared to be "carefully staged." After 30 minutes she was strong enough to return to the witness seat. Cross-examination concluded with questions about her indebtedness. After a brief re-direct, court was adjourned until Monday morning.[111] In the corridor on the way back to her cell Wynekoop "became hysterical," "screaming convulsively" and dropping her head.[112]

The judge instructed the jury and stated there were four choices for a verdict: not guilty and guilty with the options of execution, life imprisonment, or imprisonment for a specified number of years.[118] Wynekoop instructed her defense team to "gamble everything on acquittal," refusing a fifth option of manslaughter offered by the prosecution.[120] The court was dismissed for dinner at 6:14 p.m.[121]

Attaches of the court said that based on their own experience the jury would be out for considerable time. A guilty verdict was returned at 7:50 p.m. after just 36 minutes and two ballots.[121] They said it took 10 minutes to determine her guilt and an additional 26 to determine the sentence. The jury specified a term of 25 years in prison.[122] Two jurors had initially voted for the electric chair and a third chose life because "'Dr. Wynekoop would probably welcome death.'" This rationale moved the other two jurors to choose life, as well.[123] The verdict came fifteen weeks, almost to the minute, after Wynekoop stated she had found the body of her daughter-in-law.[121]

Observers stated that Wynekoop registered no emotion as the verdict was delivered. She turned to Catherine and Walker, reassured them of her innocence, and told them to "'go home… and sleep.'" "Of all directly concerned with the outcome in the courtroom, she seemed least affected."[121] The jail physician was on stand-by, however. The prosecuting attorney stated that the jurors were "'a sensible hard boiled jury, of whom we ought to have more'"[122] and that "I know in my heart that she is guilty. But nevertheless I feel sorry for her.'" Reactions among spectators were mixed, with those closest to her saying that the jury had ruled unjustly.[121] Physicians stated that she was likely to succumb to her heart condition before she could be incarcerated.[124] Burdine Gardner, Rheta's father, said, "'Twenty-five years—yes, that is justice.'"[125]

Wynekoop, still denying her guilt, was released from Oakdale for good behavior in December 1947 after serving half of her sentence. At the same time the foreman of the jury "revealed his belief that she did not fire the bullet" because she had no experience with guns and could not have aimed it with accuracy. He stated his belief that she had hired a gangster to carry out the crime on her behalf.[144] Wynekoop spent a period of time in Wesley Memorial Hospital to be treated for her blood pressure and heart disease[144] before taking up residence at Burnside Nursing Home.

In October 1948 Wynekoop, urged by friends, took a "'psycho-detecto meter'" test, which measured truth by a different method than traditional lie detectors. According to the inventor and administrator of the test, the meter showed she "was '100 per cent okay' and had 'no knowledge of who killed the girl.'" In response, Wynekoop stated, "'I only lived to prove my innocence. I can never thank you enough.'" The State's Attorney said that such tests were not admissible evidence in court, which had already determined her guilt.[145]

Wynekoop announced plans to appeal to the Board of Pardons in November 1949, stating that she wanted a full pardon before she died. This new petition, Wynekoop said, was based on her belief that she made the confession believing it would save Earle, who unbeknownst to her had already been cleared, from prosecution.[146]

It was 1956 before word of Wynekoop's death on July 4, 1955, at the Burnside Nursing Home was known. Her cause of death was arteriosclerosis and pneumonia, and she had been cremated and interred at Mount Hope Cemetery. Her daughter, Catherine, kept Wynekoop's identity a secret by using Wynekoop's given name, Alice Lois Lindsay. Neither nursing home staff nor the doctors who signed her death certificate knew she was the famous doctor, tried and convicted of murder.[147] Wynekoop maintained her innocence until her death.