Indianapolis Times, Volume 37, Number 32, Indianapolis, Marion County, 17 June 1925 — Page 1

Home Edition CHICKIE is back home with her friends. Are her troubles over? Read “Chickie” on the back page every day.

VOLUME 37—NUMBER 32

OBERHOLTZER DOCTOR IS WITNESS

Chemicals Ruled Out of Warfare

STATE DRIVES FINAL SPIKES IN GERM CASE Prosecution Uses Three Witnesses to Show Accused Had ‘Guilty Knowledge.’ HOPE TO COMPLETE EVIDENCE LATE TODAY Testimony Shows McClintock Knew His Plight. By Edward (J. Derr United Press Staff Correspondent CRIMINAL, COURT. CHICAGO. June 17. —From the testimony of three witnesses the State today attempted to prove that William D. Shepherd had "guilty knowledge" of Billy McClintock’s fatal illness. Shepherd Is on trial, accused of murdering young McClintock by feeding him typhoid germs. Each of the witnesses testified that Shepherd made statements to the effect that Billy knew he had typhoid fever even before his physicians diagnosed the case as such. Strongest Link "It is one of the strongest linke in our circumstantial case against Shepherd,” State’s Attorney Robert E. Crowe declared. "This man had a guilty conscience. He had given Billy typhoid germs and then gave him castor oil so that the germs could do their work. The fact that Shepherd quoted Billy as saying that he had typhoid fever even before doctors were called in shows Shepherd is guilty.” Elbert Allen, a court reporter, identified notes which he took when Shepherd was first questioned by Crowe in regard to the case. - May Conclude Today The notes showed that Shepherd said: "Billy came home on Sunday afternoon, complaining be was ill. He said he thought he had typhoid fever.” Two witnesses had preceded Allen on the witnss stand with testimony of a similar nature. Crowe was driving the final spikes in his case today, hoping to complete his evidence this afternoon with the testimony of “Dr.” C. C. FVdman, who confessed giving Shepherd typhoid germs for the purpose of killing young McClintock.

PROPOSED BUS ROUTE FOUGHT Street Railway Witnesses on Stand. Strong objection to establishment of motor bus service over the Carrollton Ave. route, as proposed by the People’s Motor Coach Company, was offered today before the public service commission by witnesses for the Indianapolis Street Railway Company in protesting application and seeking authority to serve the same vicinity by motor through other streets. John T. Clark, 4419 Carrollton Ave., declared the street Is too narrow to accommodate two lanes of traffic with vehicles parked along the street. Other witnesses bore Clark out in his testimony.^ HOURLY TEMPERATURE 7 a. m...i.. 73 10 a. m 16 8 a. m 78 11 a. m 69 9 a. m 79 12 (n00n).... 71 6 a. 71 1 p. 71

FLAPPEK FANNY says (H7 —- —I •t* me mu atuviec me.

The meanest man I know bought Ids wife a Chinese calendar so she wouldn’t be able to mark the bargain sales in advance.

The Indianapolis Times V COMPLETE WIRE SERVICE OP THE UNITED PRESS M. WORLD’S GREATEST EVENING PRESS ASSOCIATION

Twenty-Seven Nations Approve America’s Proposal, •Presented by Chairman Burton, Outlawing ‘Scientific Killing.’ GREAT BRITAIN, JAPAN, GERMANY, ITALY, SIGN France Not on Today’s List, But May Add Approval Later Virtually Precludes Coolidge’s International Warfare Parley. Bv United Press GENEVA, June 17.—The protocol outlawing gas and chemical warfare as proposed by Chairman Burton in the name of the American government, today was signed by 27 nations. The signing countries were the Unitde States, Great Britain, Germany, Canada, Japan, Italy, Brazil, India, Chile, Denmark, Spain, Esthonia, Ethiopia, Finland, Greece, Lithuania, Luxembourg, Nicaragua. Holland, Poland, Portugal, Rumania, Salvador, Switzerland, Serbia, Turkey and Uruguay. France was not on today’s list. The convention on international trade in arms, also largely a work of Burton, was signed by eighteen nations today, including Great Britain, United States, France, Italy and Japan. Burton was credited today with a great success in getting through the convention. He had suggested —threatened, someone said —that Presidant Coolidge wnufd call an international conference on chemical warfare if the matter were not settled here at the seat of the League of Nations. CLOTHES ON RIVER BANK PoHce Investigate Possible SuicideNotes Left. Police are Investigating possible suicide by Joseph F. Wagner, 29, of 1613 N. Jefferson Ave., following finding of a coat, hat, papers and notes on the west bank of White River, south of Washington St., today. One note real, "I have ended it all. Please notify 1613 N. Jefferson. Wagner.” According to Mrs. Wagner, her husband left home about 7 a. m. to look for work. CASE UNDER ADVISEMENT Morrissey Before Justice of Peace Court. Justice of Peace Conrad Keller today took under advisement case of Michael Morrissey, motorcycle sergeant, charged with assault and battery upon William Wrenck, member of the Horse Thief Detective Association, May 5 primary day. Officer Edward Glenn and William “Gippy” Gavin, politician, testified for Morrissey.

C. OF C. SILENT UPON PURCHASE Elder Buys Property on N. Meridian St. Chamber of Commerce officials today refused to comment on the purchase of property at 318 N. Meridian St., by Bowman Elder, Indianapolis real estate man from the Inter-Southern Insurance Company. Louisville, Ky. Warranty deed, conveying the property to Elder, and with government stamps representing a $300,000 transaction, was filed with the county recorder Tuesday. The site, having a frontage of eighty -five feet on Meridian St., facing University Square, has been under consideration by the Chamber of Commerce for anew building. Elder, it is said, has been acting for the Chamber. CHINA IS WARNED Diplomatic Corps Moves to Secure Action. Bu United Prest PEKING. June 17.—China today was warned in a note of the diplomatic corpe that she must realise the gravity of the existing situation and further must realize that it Is imperatively necessary to cope with it. The note declared the diplomatic corps was Informed that anti-for-eign spirit and subversive propaganda were growiiig, causing gravest apprehension.

DEATH-BED STATEMENT INTERESTS ATTORNEYS

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—Photo* bv J. M. Moore. Times Staff Photographer. Above: Attorneys for D. C. Stephenson and his aids showed their interest In the alleged death-bed statement of Miss Madge Oberholtzer by gathering around to examine it when they obtained right to inspect It at the bail hearing at Noblesville Tuesday. Left to right they are: (seated) R. E. Johnson. Alfred Cowan and Eph Inman; (standing) Floyd Christian, Ira Holmes and Ralph Waltz. Top of Stephenson's head is shown at the extreme left. Below: (left to right) Attorney Charles E. Cox, Mr. and Mrs. George E. Oberholtzer, parente of Madge, and her brother Marshall, in the Noblesville courtroom.

LEGION HOME IS PRESENTED BY GOVERNOR Impressive Ceremony Marks Dedication of War Memorial Unit. Paying tribute to Lhe American Legion as the ‘ greatest patriotic organization in the history of the world,” Governor Jackson today formally precented the new headquarters building at Meridian and St. Clair Sts. to the veterans' organization. Accepting the national home, James A. Drain, Legion national commander, promised Indianapolis would be headquarters of the Legion for all time to come. Governor Jackson was introduced by Marcus S. Sonntag, president of the board of trustees of the Indiana War Memorial. At the close of Commander Drain’s address, rain caused ceremonies to be concluded inside the building. Acceptance of the headquarters building was voiced by Mrs. O. D. Oliphant, national president of the American Legion Auxiliary', and George Dobson, chef de chemin de fer of the Forty Men and Eight Horses, the Legion’s fun-making society. / The Rev. Joseph Lonegan, Legion national chaplain, delivered the closing prayer, followed by the singing of “The Star-Spangled Banner." A large crowd assembled at the new the first unit of the War Memorial Plaza project. Off citils Present The stage, constructed on the Meridian St. side of the structure, was filled with Legion officials, including members of the national executive committee, now in session. Mayor Shank represented the city of Indianapolis. A military background was provided by a long line of soldiers from the Eleventh Infantry, bearing National flags and the banners of State departments and foreign organizations of the Legion. Preceding the exercises a parade marched to the dedication site. ‘ACCOMPLICE’ BLAMED Confessed Slayer Will Repudiate Admission, Report. Bv United Preen LOS ANGELES. June 17.—Dr. Thomas W. Young will repudiate his confession that he murdered his wife. Mrs. Grace Young, and blame the strange crime on a "mysterious accomplice," it was learned today.

INDIANAPOLIS, WEDNESDAY, JUNE 17,1925

HOSPITAL UNIT PLANNED Permit for Addition to Nurse’s Home Is Issued. Permit for erection of a $25,000 addition to the nurses’ home of the Robert E. Long Hospital at 1041 YV. Michigan SSL, was Issued today by Francis F. Hamilton, city building commissioner. Board of trustees of Indiana University were applicants. Oe'rom Realty Company Is the contractor.

HERO OF WORLD WAR SUCCUMBS Dr. E. C. Halliday Received Many Decorations. Dr. E. C. Halliday, 64, whose exploits in the World War won for him the Congressional medal of the United States and three foreign decorations, died Tuesday at his rooms at his rooms at 518 N. Illinois St., as a result of injuries suffered during the conflict. Funeral services will be conducted tonight at the Flanner and Buchanan mortuary, 820 N. Illinois St., and the body will be cremated. Dr. Halliday, a native of Boston, practiced medicine in Indianapolis seven years ago. He enlisted in a Harvard medical unit before America entered the war. receiving four decorations for his bravery. Surviving are the widow and a two-year-old daughter. He was a member of the Shrine. Elks and Modern Woodmen. MOTORISTS FACE JUDGE State PoMoe Show Activity In City Round-Up. Fifty-flve motorists, arrested by State Motorpolice Losey and Bridges, faced City Judge Dan V. White today charged with speeding and other traffic violation'll. By 1 p. m. fifteen had received fines ranging from $1 and coats to $lO and costa. FEDERAL PRISONER?OUT Two Walk Away From Court, Police Are Told. Deputy United States Marshal Hickman today asked police to aid In finding two Federal prisoners, who, he said, walked out of Federal Court this morning and failed to return^ The missing ones are Fred Gordon and Dorothy McKeal, said to be Gordon’s former wife.

WRECK DEATH LIST SWELLS; 43 LOSE LIVES Appalling Fatality Total Climbs Steadily as More Die From Burns. Bv United Preen HACKETTSTOWN, N. J., June 17.—The "German excursion" wreck of the Lackawanna Railroad near here, today had claimed a toll that marks It as one of the worst railroad disasters in years. A recheck at the hospitals early today placed the dead at forty-three men, women and children, with many more suffering terrible burns from which they may die. The cauldron of steam which engulfed over 100 passengers when the excursion train plunged Into a sandclogged switch early yesterday, buckling up day conches and Pullmans, brought the fatality rate to Its grewsome figure. Most of the deaths resulted from steam burns, which left the victims helpless and In agony. Investigations of the accident have started by the public utilities board, the Interstate commerce commission, coroners, county detectives and the railroad. One fact already dlsclased by the inquiries Is that a coal train was wrecked recently at the same spot because of sand and gravel clogging the tracks. LA FOLLETTE’S HEALTH GRAVE Turn for Worse Noted in Senator’s Condition. Bv United Preen WASHINGTON. June 17.—Senator La Follette’s condition has taken a turn for the worse, his doctors announced today. They said, however, that he was holding his own and they had every hope of his ultimate recovery. • La Follette has been suffering from bronchial asthma and complications for more than a week. Prior to that his vitality was weakened by a cold. His health was undermined by repeated attacks of pneumonia last year and two years ago. Phillip La Follette, a son of the Wisconsin Senator, and progressive leader, arrived here today to be at his father’s bedside. t

Family Near Breaking Point and Stephenson Pales as Dr. Kingsbury, in First Telling Blows for State, Narrates Story Dying Girl Told Him as Physician. By Indianapolis Times Leased Wire. CIRCUIT COURTROOM, NOBLESVILLE, Ind., June 17.—Before an audience hushed and still, with spectators leaning far forward in their seats and even lawyers and court attaches losing their air of boredom and indifference, the tragic story of Madge Oberholtzer as told by the woman to her physician was repeated in court today by Dr. John K. Kingsbury, Indianapolis physician. m \ Even Judge Fred E. Hines, who is presiding at the hearing on the motion to admit to bail D. C. Stephenson, Earl Klinck and Earl Gentry, charged with the murder of Miss Oberholtzer, sat almost motionless listening to every word of the physician’s testimony. The story as told by Miss Oberholtzer shortly after she waws brought home to die March 17, was related calmly, carefully, dispassionately by Dr. Kingsbury. Virtually it was identical with evidence given by him at the inquest of Coroner Paul F. Robinson.

Judge Hines also sustained motion of defendants filed last Friday that the State be required to turn over to them the dying declaration and the sheet of the hotel register In Hammond, where the girl is said to have taken the poison. Prosecutor William H. Rerny was forced to produce the documents Tuesday in a sweeping victory for the defense "In as much as they have been produced, let the records show that the defense motion filed Friday Is sustained," said Judge Hines. Judge Hine’s ruling on the objections, however, does not mean that the State will relinquish efforts to have the dying statement admitted later. \ Climax of Morning Dr. KJngsbury’s story was the climax of the morning session. Throughout his testimony there was marked air of tenseness In the atmosphere. For the first time Noblesville lost its air of attending an interesting little side show and seemed to become imbued with something of tragedy of the case. Women wept openly ,as Dr. Kingsbury told of the young woman’s physical condition, and there was an audible gasp when In describing bruises and wounds on Miss Oberholtzer’s body, he said she told him some of them were inflicted by Stephenson with his teeth. The courtroom was filled to capacity when Dr. Kingsbury took the stand. Previous to that the State’s case was bolstered by testimony of Griffith E. Dean, Indianapolis attorney. Father Buries Face It was a terrible ordeal for the Oberholtzer family. Mr. Oberholtzer buried his head in his hands apd at times seemed almost on the verge of collapse. Mrs. Oberholtzer, whose splendid calm has been admirable under trying conditions found the strain almost too great to bear, and several times appeared to be on the verge of breaking down. The brother, Marshall, with head erect, face grim and calm listened to every word intently. Stephenson paled a (rifle as the weight of the physician’s story fell upon him, but he followed every bit of the testimony carefully, comparing it bit by bit with (he typewritten copy of Miss OberhoKzer’s dying statement. Occasionally he would smile as he discovered a discrepancy between the statement and the story told by Miss Oberholtzer to Dr. Kingsbury. Dr. Kingsbury said he was forty years old and had practiced medi-

MORE RAIN AIDS INDIANA CROPS Total for Two Days Greater Than in May. Indiana sat back today and surveyed the crop situation with more confidence, sfter two days of rain that broke a drought of long standing. The United States Weather Bureau states that there probably will be thunderstorms in Indianapolis and over the State this afternoon. Rain Wednesday morning was .25inch in Indianapolis, bringing the total for two days to 2.67 inches, or more than twice as much as fell during May. Precipitation for the year is still far below normal. Rain was also reported over the State. Temperature of 73 at 7a. m. today was a bit above normal. Humidity was 83, or about 9 per cent above normal. TOURIST AUTO WRECKED Driver of Other Car Will Face Charges When Released. Brannen Woodward, tourist from Denver, Colorado, had his auto wrecked early today and Roland Waldvogel, 616 Lexington Ave., will be slated on charges of drunkenness, transporting liquor, driving on the left side of the street and driving while drunk as soon as he is released from the city hospital, police said. Woodward said he was driving on Madison Ave., and at Morris St. saw the Waldvogel car coming at high speed. He turned half way into a filling station, but the other car crashed into him. Both machines were wrecked. Police were told three men ran from the Waldvogel car.

Entered as Second-rise* Matter at Poetoffice, Indianapolis. Published Daily Except Sunday.

cine sixteen years In Indianapolis. He was a casual acquaintance of Madge Oberholtzer, he said. Kingsbury said he was called to the Oberholtzer home at 11:80 a. m. March 17. He was called, he said, by a Mrs. Schultz whom he did not know. "You found Madge Oberholtzer in bed, did you?" asked Atttorney Inman of the defense. “On the bed, rather, with her clothes on,” “You made an examination?” Auto Accident "At that time only superficial. I was given to understand she had been In an auto accident," the doctor replied. “Doctor, were you present afterwards when Madge Oberholtzer signed a typewritten statement? I think it was March 28.” The doctor said he was present and saw the girl sign the statement. “Who was present?" Inman asked. "Asa Smith, an attorney, myself, a notary public and Mr. Dean.” "Did you hear the statement read to Miss Oberholtzer?" "Yes. Mr. Smith read It.” "What was the appearance of Madge Oberholtzer when you first saw her?” z Face Bruised "Dirty, disheveled, her face bruised. Her dress was lying open exposing lacerations on the left breast. The body was cold and the face pale and bruised and discolored on the right cheek." Inman then asked, "Does bichloride of mercury In the stomach produce paleness?" "Yes," replied the doctor. Kingsbury said, in response to questions, that excessive vomiting of blood and hemorrhages of blood are attendant on bichloride of mercury poisoning, as it eats out the lining of the stomach. “Did you learn from her what the trouble was?” "Yes.” "What did she tell you?” Kingsbury then related the story of the trip to Hammond and return In terms almost identical with the statement made public Tuesday. He told the story in simple language and was uninterrupted by Inman, except at one point. "Your honor, to save time, we request the privilege of asking when he finishes hip story to strike out the objectionable parts,” Inman said, addressing the Judge. Judge Hines granted the request. Not a sound was heard In the courtroom as the story proceeded. Mr. and Mrs. Oberholtzer wept. Kingsbury said he had to press

MACMILLAN OFF ONPOLESEARCH i Expedition With Official U. S. Aid Leaves Boston. BOSTON, Mass., June 17.—The S. S. Peary, plane ship of the MacMillan Arctic Expedition, sailed from the Charleston Navy yard at 12:15 p. m. today on the first leg of a northern voyage In search of Roald Amundsen and his fellow arctic aviators. Sailing of the steamer followed impressive ceremonies on deck the continental frigate '‘Constitution." Assistant Secretary of the Navj Robinson brought official godspeed of President Coolidge and Secretary Wilbur. Lieutenant Commander Mi:Millan said he was determined to subordinate his own plans for the relief of the Amundson Os his own purpose in going North, MacMillan said he hoped to find the continent which Peary, north pole discoverer believed existed. The Peary carried three Loening amphibian planes loaned by the Navy for the search. SMOKE ARREST MADE Merchants Heat and Light Official Fares Violation Charge. M. K. Foxwortljy, vice president and general manager of the Merehante Heat and Light Company was arrested today on a charge of violating the city smoke ordinance. Warrant was sworn out by H. F. Templeton, city smoke inspector. Templeton said he would try to make a test case out of the arrest, which he said resulted from smnv clouds issuing from the Merchants Heat and Light Company plant at W. Washington St, and White River.

Forecast PROBABLY thunderstorms this afternoon or tonight, followed by fair Thursday; not much change in temperature.

TWO CENTS

the girl for her story, as he did not know whether the would ever get better. After describing how she went to Stephenson's house at his telephoned request, Kingsbury said! Forced to Drink "She said she saw Mr. Stephenson was extremely drunk, that she was forced to drink two or three drinks, that they then went to the station and she was put In a compartment with Stephenson and another man.” He said she told of an attack by Stephenson, but did not recall all that had happened. He went Into details as to the girl’s story of being mistreated. "At the hotel at Hammond." the witness continued, "she thought of the disgrace of her family and what had happened. She got Stephenson's revolver and decided to kill him. She changed her mind and decided to kill herself and had the gun at her temple in front of a mirror when she heard one of the other men coming—either Klinck or Gentry—and hid the revolver. Begged for Doctor "She said Stephenaon, on finding she had taken poison, said, ‘Your ars a fool,' and forced her to drink some milk. She said he bought some more milk and ginger ale and took It in the auto on the return trip, but that hi refused to get her & doctor, although she screamed continually for one.” Inman made much of Stephenson buying the milk and forcing her to drink It. Inman and Dr. Kingsbury- were extremely polite to each other, and begged each other's pardon when they misunderstood. Text of Objections The eight objections to the dying statement,, presented by Floyd Christian, one of Stephenson's attorneys, and upheld by Judge Hines at ths opening of court, were: 1. At the time of making ths declaration Madge Oberholtzer was not In extremis, it being made on March 28, 1926, more than six days before hope of her recovery had best] abandoned, for upon April 8, 1926, a blood transfusion was made In the hope of curing her, and that she would recover. 8. That the dying declaration was not made under a sense of Impending death, and that she was not In extremis, for her mere statement, contained 1n the declaration, Is not conclusive. No 4 Homicide 3. A dying declaration is only admissible In homicide cases, and then only such parts there as point distinctly to the resgestae of the homicide. That this declaration la not one of homicide, but on the contrary is only a declaration of suicide and of things she claims occurred before, during and after she had administered poison to herself In committing suicide, and of nothing pointing to the resgestae of homicide. 4. That the circumstances of the death of Madge Oberholtzer were not. the subject of \he declaration, but mere threats, opinions and conclusions. 6. That such opinions and conclualons In the declaration are not admissible or competent. Incompetent, Irrelevant That all matters, statements and conclusions in the declaration prior to the taking of poison by said Madge Oberholtzer are Incompetent, irrelevant .hearsay, serving and not germalne to the resget*te of ths offense charged. 7. That the declaration shows in Its face that It la a case of suicide, not of homicide and that her death was not the proximate result of any act of either defendant, but her death was caused by her own hand. 8. That the declaration is not a dying declaration, but is hearsay, (Turn to Page 2)

ASK PLANES TO PURSUEBANDITS Kokomo Bankers Send Request to Guard Head. fit/ United Preti KOKOMO, Ind., June 17.—Airplanes will be used in the hunt for bank bandits in Howard County If plans of the Howard County Bankers' association are carried through. The association today requested Adjutant General Kershner for authority to use planes of a national guard unit here in case of further hank robberies In the county.