Indianapolis Times, Volume 37, Number 31, Indianapolis, Marion County, 16 June 1925 — Page 2

2

Madge Oberholtzer’s Dying Statement Made Public

Tells of Night on Train, Oci currences in Hammond ; Hotel *and How She Was L*' i" Brought Home After Taking Poison. \ (Continued From Page 1) went inside. I saw Stephenson [ and that he had boon drinking. His ; chauffeur whom he called “Shorty” was there also. I “Shorty” is a young man. Later i a man whom they called “Clenck” I came in. 1 So soon as I got inside of the [ house* I was very much afraid, as [ i first learned then there was no [ other woman about and that i Stephenson’s housekeeper was away, f'or at least not in evidence. Immediately upon my arrival I • they took me into the kitchen and : some kind of drinks were produced. It was then “Clenck” came In the back door. I said I wanted no drink, but Stephenson and the others forced me to drink. I was afraid not to do so and I drank three small glasses of the drink. This made me very ill and dazed and I vomited. Stephenson said to me about this time, “I want you to go to Chicago with me.” I remember saying : I could not and would not. I was ! very much terrified and did not know what to do. I said to him that I wanted to go home. He said, ‘ No, you can not go home. Oh, yes, you are going with me to Chicago. “I love you more than any woman I have ever known.” Tried to Phone I tried to call my home on the phone, bt could get no anwer. Later when I tried to get to a phono they would not let me. men wera all about me. They took me up to Stephenson’s room and he opened a dresser drawer which was filled witli revolvers. He told each of the men to take one and he selected a pearl handled revolver for himself and had “shorty” load it. Stephenson said first to me that we were going to drive through to Chicago. He sad for me t ogo with him, but I said I did not wish to and would not go to Chicago. Later Gentry called the Washington Hotel at Stephenson's orders and ! secured reservations in a drawing : room for two persons. They all took : me t othe automobile in the rear of i Stephenson’s yard and we started the trip. I thought we were bound for Chicago, but did not know. I begged of them to drive past my home so I could get my hat, and once inside my home, I thought, I would be safe from them. They drove me to the Union Station in the machine, where they ht and to get the I did not get out of the automobile all the way. Before we left the house I remember Stephenson said to Clenck: Stopped at Hotel "You get In touch with Claude Worley right away and tell him we are going to Chicago on a business deal to make money for all of us.” Clenck did not go with us in the car. Stephenson and Gentry sat in jthe car all the time with me until we got on the train. We stopped at the Washington on the way down. “Shorty” got out and went into the hotel and came back. They would not let me out. I was dazed and \ terrified that my life would be taken and I did not know what to do. Stephenson would not let me get out of the car and I was afraid he would kill me. He said he was the law in Indiana. He also said to Gentry:. "I think I am pretty smart to have gotten her.” Boarded Train We got on the train, and although , I can not distinctly remember, I think the colored porter saw us. They took me at once into the compartment. I can not remember clearly everything that happened after that. I know Gentry got into the top berth of the compartment. (A portion of the statement here can not be printed. I tried to fight but was weak and unsteady. Stephenson took ' hold of my two hands and held * them. I had not the strength j to move. What I had drunk was affecting me. Stephenson pushed 1 me Into the lower berth. After the train had started Stephenson attacked me. I did not know and do not rej member all that happened. I reJ member I heard a buzz early in the [morning and the porter calling me | to get up for Hammond, and Gentry shook me and said It was time to f get up, that we were to get off at ? Hammond. At tills time I was becoming more conscious and Stephenson was flourishing his revolver. I ■ said to him to shoot me. He held the revolver aaginst my side, but I did not flinch. I said to him again to kill me, but he. put the gun in his grip. I had heard no sound from Gentry F during the night. Afterwards Gentry | and Stephenson helped me dress and i the two men dressed and they took me off the train at Hammond. I remember seeing the conductor. I was I able to walk to the Indiana Hotel. I remember begging Stephenson ; and saying to him to wire my I mother during the night. And he ! said he had or would. I am not ' clear about that. Went to Hotel At the Indiana Hotel Stephenson registered for himself and wife. I : tried to see under what name but failed to do so. That was about , 6:30 In the morning. There were in the hotel lobby two colored bell boys and two colored girls. Qentry, Stephenson and myself went to the rooms. I had no money. I kept begging Stephenson and saying to him to send my mother a telegram. • I said to the bell boy, “Are there telegraph blanks in the roorms?” Ste-

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phenson made me write the telegram and said to me what to say. Gentry took the telegram and said he would send It right away. Stephenson lay down on the bed and slept. Gentry put hot towels and witch hazel on my head and bathed my body to relieve my suffering. We were in room 416 with Stephenson while Gentry was doing this. Stephehson said he was sorry and that he was three degrees less than a brute. I said to him, “You are worse than that.” Ate Breakfast Breakfast was served in the room. “Shorty" came in about this time. He said that he had driven up in Stephenson's car. Stephenson ate grapefruit, coffee, sausage and buttered toast for breakfast. I drink some coffee, but ate nothing. I said to Stephenson to give me some money, that I had to buy a hat. “Shorty" gave me sls at Stephenson's direction and took me out in the car. "Shorty” said to Stephenson he had been delayed getting there as he could not find the hotel where we were in Hammond. “Shorty” waited for me while I went into a store close to the hotel to get a hat. This was a small, black silk hat. similar to the one I had—it cost $12.50. When I came back to the car I said to “Shorty” to drive me to a drug store in order that I might get some rouge. We drove to a drug store near the Indiana Hotel and I purchased a box of bichloride of mercury tablets. I put these in my coat pocket, Then we went back to the hotel. Bought Poison The clerk who sold me the tablets was tall and slender, about the age an dbuild of my brother, with black hair. He made no objection to selling me the tablets. Durng the morning when we were in the hotel the men got more liquor at Stephenson's direction. Stephenson said we were going to drive on to Chicago. Stephenson made me write the telegram to my mother saying we were going to Chicago. Gentry took it. When I got back to the hotel with “Sshorty” I went up to the room. Gentry hd a room next to Stephenson. His was No. 417. I said to Stephenson to let me go into 417 to lie down and rest. He said, “Oh no, you are not going in there. You are going to lie right down here by me.” I waited awhile until I thought he was asleep. Then I went into room 417. Gentry stayed in the room with Stephenson. There was no glass In 417, so I grabbed a glass in 416 and took the mercury tablets. I laid out eighteen of the bichloride of mercury tablets and at once took six of them. I only took sjx because they burned me so. This was about 10 a. m. Monday, I think. Early in the morning, I had taken Stephenson’s revolver, while Gentry was out sending the telegram. I wanted to kill myself then In Stephenson’s presence. This was while he was first asleep. Then I decided to get poison and take it in order to save my mother from disgrace. I knew it would take longer for the mercury tablets to kill me. Became 111 Later, after I had taken the mercury tablets, I lay down on the bed and became very ill. I think It was nearly 4 o’clock In the afternoon before anyone came into the room where I was. Then "Shorty” came in. He sat down to talk to me and he said to me that he had never mistreated a girl In hfc* life. He said to me what was wrong, that I looked so ill. I replied, "Nothing.” He said, ‘Where Is your pain?” and I said it was all over. He said I could not have pain without any cause. I said to him, “Can you keep a secret?” He said, “Yes.” I said. “I believe you can.” And then I said to him that I had taken poison and said to him not to tell Stephenson. I was very ill and almost delirious at this time. I had vomited blood all day and “Shorty” saw

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Accuser

HIP . r .

Miss Madge OberhoKzer

evidence of this in the cuspidor and on the floor. When I said ti him I had taken the poison he turned pale and In a few minutes he said to me he wanted to take a walk. He then went out In a few mlnqtes Stephenson and Gentry and "Shorty” came into the room very much excited. Stephenson said, “What have you done?” I said, "I asked Shorty not to tell.” Drank Milk Stephenson ordered a quart of milk and made me drink it. I said to Stephenson and the others that I had taken six bichloride of mercury tablets, and I said, "If you don't believe it, there is the evidence on the floor and in the cuspidor.” Stephenson emptied the cuspidor into the bath tub *and saw some of the tablets and the cuspidor was half full of blood. I said to Stephenson, “What are you going to do?” He said, “We are going to take you to a hospital here and you can register as my wife. Your stomach will have to be pumped out.” He said to me that I could tell them at the hospital I had gotten the mercury tablets through mistake irustead of asperln. I refused to do this as his wife. Stephenson said, "We will take you home.” I said I would not go home either, that I would stay right there and for them to leave me there and go about their own business or let me register at another hotel under my own name. Stephenson said: “We will do nothing of the kind. We will take you home.” Stephenson said that the best way out of tliis was for us to drive to Crown Point and for use to get married. Gentry' said be agreed with him. I refused. Stephenson snapped his fingers and said, “Shorty, pack the grips.” Stephenson helped me downstairs. I did not care what happened to me. Just before we left Hammond I said to “Shorty” to call up my mother. He said: “If I do that she will be right up here.” I said: “What could be sweeter?” Start For Home Stephenson said to me that ho had called her. I said to him. “What did she say?” and he replied that it would V* all right If I did not come home that night. I don’t know much about what happened after that. My mind was In a daze. I was in terrible agony. "Shorty” checked out for all of us They put me into the back seat of the machine with Stephenson. We then started for home In the automobile. After we got apiece, Stephenson

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said to ‘Shorty” to take the auto license plates off of the car. which he did. and Stephenson said to him to say if questioned that we had parked in the last town we had passed and the auto plates had been stolen. All the way back to Indianapolis I suffered great pain and agony and screamed for a doctor. I said I wanted a hypodermic to ease the pain, but they refused. I begged and begged to Stephenson to leave me along the road some place, that someone would stop and take care of me If he wouldn’t. I said to him that I felt he was more cruel to mo than he had been the night before. He said he would stop at the next town, but never did. Just before reaching a town he would say to "Shorty.” “Drive fast, but don’t get pinched.” I vomited in the car and all over the back seat and grips. “She Is Dying” Stephenson did not try to make me comfortable in any ways. He said lie thought I w’as dying and at one time said to Gentry', “I*, takes guts to do things, Gentry. She is dying.” I heard Idm say also that he had been in a worse mess than this before and had got out of it. Stephenson and Gentry' drank Nquor during the entire trip. I remember Stephenson having said that he had power and saying he had made $250,000.. He said that his word was law. After reaching Indianapolis w’e drove straight to his house, cutting across to .Emerson Ave. of Thirtyeighth St., some way. When we reached Stephenson’s garage he said, “There is someone at the front door of the house.” It was some time during the night w'hen we got to the garage, as I think we left Hammond about 5 o’clock and Stephenson said to “Shorty” to go ftnd see who was at the front door. ’Shorty” came back and said: ‘‘lt’s her mother.” I remember Stephenson said to me: “You will stay right here until you marry me.” Stephenson or someone carried me up the stairs into a loft above the garage. Stephenson did something to relieve my pain. I do not remember anything that happened all right after we reached the garage. I/eft In Garage I was left in the garage until I was carried home. A big man named Mr. Clenck, mentioned before, took me home. He shook me and awakened me and said, “You have to go home.” I asked him where Stephenson was and he said he did not know. I remember Stephenson had told me to tell everyone that I had been In an automobile accident and he said, "You must forget this. What is done has been done. “I am the law and the power.” He said to mo several times that his word was law. I was suffering and in such agony that I begged and said to Clenck to take me home in the Cadillac car. He said he would order a taxi, but finally said he would take me to Stephenson’s car. He put my clothes on me and carried me to the car and put me in the back seat and drove the car to my home. Carried in I said to him to drive up the driveway. He did and then carried me into the house and upstairs into my bed. This about noon Thursday when we got Into the house. I, Madge Oberholtzer, am in full possession of all my mental faculties and understand what I am saying. The foregoing statements have been read to me, and I have made them as my statements and they are all true. I am sure that I will not recover from this illness and I believe that death is very near to me, and I have made all the foregoing statements as my dying declaration and they are true. Datd, March 28, 1925. (Signeed) MADGE A. OBERHOLTZER

DEFENSE WINS STATE EVIDENCE I (Continued From Page 1) cession was headed by Sheriff Charles A. Gooding, followed in turn by Stephenson, Klinck and Gentry. All were outfitted with brand new straw hats, which they have had little chance to wear since their arrest. Stephenson bore his old-time smile and seemed perfectly at ease as he entered the courtroom, shaking hands with his attorneys and newspaper men. He ducked behind Inmann when a flashlight picture was taken. George Oberholtzer, father of the dead girl, who was sitting at the State’s table, was visibly affected by the sight of the three men charged with his only daughter’s death. He glanced at them turned pale, then looked away. Mother Enters A minute or two later Mrs. Oberholtzer, with her son Marshall, and Mrs. Eunice Schultz, who was the only person at the Oberholtzer home when Madge Oberholtzer was brought home shortly before noon March 17, entered and took seats alongside Mr. Oberholtzer. Dressed In black, Mrs. Oberholtzer apparently had herself under steady control and had her composure perfectly. The hearing did not open formally until 9:30. Attorney Inman arose and said: “Mr. Remy, take the witness stand, please.” Remy Surprised Prosecutor Remy arose in evident surprise at being called as first witness for the defense. Attorney Holmes then made the motion that the witnesses be separated and excluded from the courtroom. “Witnesses will remove themselves,” said Judge Hines. “Just a moment, this is not a trial,’ said Attorney Cox. "This is merely a hearing to admit to bail and I don’t believe the rule for separating witnesses applies. If your honor so rules, the State will not object very much. However, the parents of the victim should be allowed to stay In the courtroom.” Witnesses Leave Judge Hines then ordered the witnesses to remove themselves from the courtroom and not talk about the case among themselves. “Mr. Inman has indicated he expects to put me on the stand,” said Remy. “I have no Intentions of taking the stand as a State witness. I have no objections to being a witness for Mr. Inman.” “This Is a preliminary matter, touching on collateral subjects,” declared Inman. Remy then took the stand. “Mr. Remy, as prosecutor of

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Accused

T He 1 1 ft

D. C. Stephenson

Marlon County, have you in your power a sheet of the hotel register of a Hammond hotel?” “I have,” was the reply. “Are you willing to produce it?” “I am willing to produce it at the proper time, but not willing to produce it for the inspection by the counsel of the defense.” “Are you willing to produce it now?” “I am not.” “Is it your attitude that the defense has no right to inspect the sheet.” “My attitude has nothing to do with this hearing,” replied Remy. “I am willing to turn it over to you if you are willing to introduce it In to evidence.” Turns to Statement Inman then turned to questions on the dying statement of Miss Oberholtzer. The statement tells of the alleged kidnaping, the trip to Hammond, how she obtained the poison and how Stephenson refused to get medical aid for her. “Do you claim to have a statement, or dying declaration of Madge Oberholtzer?" asked Inman. “I have such a statement,” said Remy. “Do you have it with you?” “Yes. Jt’s In my pocket.” “Are you willing to turn It over to me?” Inman. “Yes if you introduce It Into evidence.” As Evidence “Then we can have it if w'e agree to introduce it in evidence? Do you put the condition that you will not deliver it to the defense unless we introduce It all?” “I have no particular objection of the defense seeing this statement,” said Remy. “What I do not want is to turn it over to you if you take

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It from the courtroom and copy it.” "Oh, we have no intention of doing any thing like that," said Inman. Remy then said he had no objections to letting the defense see the hotel record and the dying statement in the courtroom. Papers Turned Over To this Inman agreed and Remy gave him the papers. Stephenson and his coterie of at-1 torneys eagerly devoured the con- 1 tents of the paper, upon whlfh the State relies to great extent to make a case. The conference was a long one. “We have Just finished reading the dying declaration of Madge Oberholtzer. We want sufficient time to photograph or copy it,” said Inman. Attorney Holmes added: "There are some parts of It which we think are objectionable.” “On their own statement that the declaration was to be Introduced in evidence, the State produced it. The defense now has reverted to its original position that it desires it for inspection,” Remy said. “We protest against the defendant taking it to copy, inspect or for any other purpose than to introduce it in evidence.” Cox backed Remy with an argument to the effect that the rule of a dying statement’ is that it goea in as a whole, and the defense has no right to make motions to strike out parts. Copies Ordered Judge Hines then ruled that the document would be kept in possession of the court and not taken out of its presence. He decided, however, the court would make a copy for the defense under the theory that lawyers could not be expected to remember nine pages of typewritten matters. A recess was taken while the copies were made. The next witnesses Will be the physicians who attended Miss Oberholtzer, or w’ere called In consultation during her final illness. The list Includes Dr. Kingsbury, Dr. Virgil T. Moon, H. U. Mertz and J. A. MacDonald. SPEED CHARGE MADE J. D. Graham. 42. of 435 Linwood Ave., w’as slated at pollec headquarters today on a charge of speeding. Four others were charged with improper driving.

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HEROIC FIREMAN DIES Tries to Rcwue Two Gassed in Tit. Rt/ F tilted PreK , CHICAGO, June IS.—Thres men overcome by gas and killed In a caission being driven for anew ( building today. t The dead: William Sikora, 45, fire captain. Two unidentified laborers. Five men were working in the caeslon w r hen the drills struck a gars pocket. Three got out. Two ware overcome in the pit, Sikora was gassed while trying to j rescue the two. MOVES IN POLAR RELIEF Ships Shifted in Expedition to Seek Ainundnen. Rtf VnWed Ptfx SPITZBEROEN, June 16.—The Norwegian steamer Farm left Green Harbor at 2 a. m. today for Norway to bring Prof. Adolf Hoel’s Arctic; expedition to Spltzbergen. Hoel arranged for the Farm to take hla expedition northward, believing that, it w'ould be impoaslble to get another ship for the expedition in search of the AmundsenEllsworth polar fillers. Hoel is optimistic about Amundsen's safety. LEGION CHANGE MADE New Director Chonen For ism Commission. Frank Olay Cross, 30, Denver, Colo., nationally known through his, “oppotunity school,” was selected acting director of the National Americanism Commission of the American Legion today by; the Na-, tlonal executive committee, follow-, ing the resignation of Garland W,! Powell. Pow ell will become identified -with the Woodrow Wilson memorial uni-; versity, Valdosta. Ga.

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