Indianapolis Times, Volume 37, Number 32, Indianapolis, Marion County, 17 June 1925 — Page 2

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DOCTOR'S STORY SILENCES COURT << (Continued From Page 1) inadmissible, irrelevant, incompetent and does not tend to sustain any Allegation in this case. Dean First Witness •* Dean, Indianapolis attorney, was Ihe first witness today. * He testified that, although Asa J. Smith, who prepared the dying statement of Miss Oberholtzer, occupied rooms in the same suite with him, they were not partners. > Dean made a much better witness from the State's standpoint than Smith did Tuesday. He was more pertain of his facts and his testimony lacked the contradlictions and indefiniteness which characterized Smith’s answers. State Scores Beyond the fact that the words “dated this 28th day of March,” at the end of the statement were ’written by Smith after the statement was signed, probably in Dean’s office, the defense obtained no damaging Admissions from him. On the other .hand the State showed by Dean on cross-examination, that the statement was read to Miss Oberholtzer slowly, distinctly sentence by sentence, and that from time to time jshe made corrections which wefe Incorporated in the statement at that time, before she signed it. * Dean on one minor point, contradicted Smith. Smith, after contradicting himself "several times, finally said the entire statement was dictated to the stenographer by himself. Dean said -he believed a small portion of it was dictated by Miss Ermina Moore, a friend of Miss Oberholtzer. Remy Alert All attempts of Inman to show that Dean and Smith were hired to prepare a civil suit against Stephen6on and that they made a demand for SIOO,OOO from him, failed when the court invariably sustained objections of the State to questions of •this character. lnman persistently returned to .this point and tried every possible ■way to frame questions to evade the Objections, but the watchfulness of HRemy prevented the witness from “being forced to answer. * One bright spot of comedy entervened the morning proceedings. -As Dean ended his testimony he spoke up from the witness chair, “Mr. Inman, I paid out $lO for a taxicab to come over here from Indianapolis today for I wanted to be pn tme and I think you ought to pay me back.” S ‘‘lf I can borrow the money from

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TWENTY-FOUR LESSONS IN PIANO PLAYING —NINTH LESSON: E MAJOR

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Scenes at Stephenson Bail Hearing

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Group of attorneys representing D. -C. Stephenson, Earl Gentry and Earl KUnck charged with the murder of Miss Madge Oberhottzer, in the bail hearing at Nobles vine. Left to Right—Floyd Christian, R. E. Johnson, Stephenson (partly bidden behind Johnson), Alfred Cowan and Eph Inman.

anyone I will,” Inman answered. Dean testified he first saw Miss Oberholtzer in his office some time prior to her last illness. He was unable to fix the date definitely. Uproar Over “Dying” He said he merely had been introduced to her. Getting down to the real point at issue, the dying declaration, Inman asked: “Did you take any part in preparation of any typewritten statement?” “I think I was present when the dying statement was made,” replied Dean. Instantly the entire defense legal staff was on its feet with objections to the term “dying.” The Judge ordered the word stricken from the record. Dean was questioned concerning a visit to the Oberholtzer home during the young woman’s last illness. He said Miss Moore, Mrs. Oberholtzer, Dr. Kingsbury, Miss Spratley. the nurse, and Smith were there at various times, but that some of them left the room. Saw Statement “Did you sea typewritten statement?” Inman asked. "Yes.” “Who had It?” 'Mr. Smith.” Did you know he had it?” asked Inman. “I think so." “Who prepared It?” “I think Smith dictated part of it and Miss Moore part,” replied Dean. Inman Denounced At this point Inman attempted to show that the witness had contradicted himself. Remy characterized Inman’s remark as "the most contemptible since the case opened.” When peace was restored, Inman continued. “How long did it take to dictate it?” he asked. “I can't tell.” “Did Miss Moore dictate any of it?” • “A small part,” " “On how mar.y occasions?” "Miss Moore once, Mr. Smith once or it might have been tw.ce.” “Did you read It overV” “Yes, after it was transcribed.” “Did you go over it with Smith?” “I suspect that I did.” Saw Her Sign It

"When did you go out to the Oberholtzer home to get Miss Oberholtzer to sign it?” “The 28th day of March.” “Did you read it aloud to Smith in your office?” “Yes, we read it aloud, comparing it with a copy.” “Did you see Miss Oberholtzer sign it?” “Yes.” “Did you see Smith write in the hsh Tonight - Tomorrow Alright **** Tablet* atop alek headache., relieve bilious attacks, ton* and regulate the eliminative organs, make you fool fine. M Better Than Pills Far Liver Ills”

the piano or organ presents the key of E, which Is the relative of the key of C Sharp Minor. Three are the keys that give the most trouble to beginners because fonr notes are sharp—played on the black keys. This method of learning avoids the difficulty In finding the correct notes. INSTRUCTION 'lace chart upon the keyboard of piano or organ so that the small white letter

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(Left to right) Stephenson, Gentry, Sheriff Charles Gooding and KUnck on the way to the courtroom.

words, 'Dated this 28 th day of March’?" “Yes.” “When?” Same Day “That same day afterwards.” “Where?” “I think It was In my office that night, but I am not certain as to that.” “Miss Oberholtzer was not present?” "No." "You actually, with your own eyes saw Asa J. Smith write in those words in your office?” “Think It was in my office, but I am not certain.” “Before that statement was signed March 28 by Miss Jberholtzer had you end Mr. Smit'i been employed as attorneys to brit g a civil suit to collect money?” State objected but Dean was permitted to answer. "I was not employed by Miss Ober-

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THE INDIANAPOLIS TIMES

holtzer herself.” "Who did employ you?” Judge Hines sustained the State’s objection. The same ruling was made when Inman asked Dean if he and Smith

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(GROTE’S MUSIC SIMPLIFIER)

D with a dash above It, at the bottom of the chart, Is directly over the key I> on the keyboard. The white and black spaces will then correspond to the white and black keys. Each of the three horizontal series of letters represents a chord. Beginning with the upper row, play the white letter with the left hand and play the three black letters with the right hand, making the first chord. Then, in the same way, play the notes indicated In the second horizontal series, then those In the third and back to

had not demanded SIOO,OOO from Stephenson. On cross-examination by Cox, Dean testified that Smith read the statement to Miss Oberholtzer slowly, distinctly and stopped frequently to ask if it were correct. "At times she would say: 'That Is right,' and ‘lt was this way,’ and Smith would correct the statement with a pencil,’’ Dean said. He testified that the corrections were all made at the time of the reading. Detective Jessie Murtrie of Indianapolis followed Dean on the stand. He was one of the party whloh arrested Stephenson at the Washington Hotel, April 2. He told the story of the arrest. He said Stephenson came to the door himself and said: ’’l am Mr. Butler, Mr. Stephenson’s secretary. Come right in. Is there anything I can do for you?” Admits Identity McMurtrie s&ld a man named Cowan was in the room. McMurtrie said Detective Lansing spoke up, saying: ‘‘You are Stephenson,” and that Stephenson admitted It. " ‘I am used to being framed, and this is another frame-up,’ Stephenson said,” McMurtrie testified. On cross-examination by Remy McMurtrie testified Stephenson said: “I suppose you want me to disarm? I am deputy sheriff and have a right to carry arms.” He said Stephenson showed the police his badge, which he took off and unstrapped a 45-caliber automatic revolver and laid It down. Tuesday Testimony Attorney Smith was the last witness on Tuesday. He spent an unpleasant hour on the stand. He seemed unable to remember details of what transpired when the dying statement, was In course of preparation, was uncertain as to who was present at certain times, or what part various persons played. Inman made strenuous efforts to draw answers from the witness as to whether he had first Intended to bring a civil suit against Stephenson, and If he had not offered to settle for sums ranging from SIOO,OOO down to $25,000 through Robert I. Marsh, formerly law partner of Governor Jackson, and at that time Stephenson’s attorney. However, constant objections from Remy, sustained by the court, saved the witness from answering. ‘‘Didn’t Mr. Stephenson say to you, ‘Experts have tried ‘to blackmail me; no amateur can do It’?” asked Inman. Spectators Laugh This brought a general laugh from the spectators. Remy’s ob-

the first, forming a complement of chords In the key of E Major. If yon play these chords over and over until yon know them perfectly, remembering the lettera as well n the keys, yon should have no difficulty In playing simple accompaniments to songs sung in E Major. Patience and practice combined will bring wonderful results In any endeavor, and these two qualities are the firm foundation In the mastery of a musical education.

jectlon was sustained by the Court. Inman In his examination of Smith wasted no time in getting to the dying statement. Smith testified that he saw Miss Oberholtzer almost every day after she was returned to her home In a dying condition March 17. He said the statement was taken Saturday night March 28 and that Griffith Dean, his law partner, was with him. "Was that the only time he went with you?” Inman asked. “It seems to me it was. Maybe he wnt one other time.” ‘‘Was any other person there?” “Miss Ermina Moore, D>an and Dr. Kingsbury.” What time was It?” “About 8 o’clock.” “Did Miss Oberholtzer sign a statement?” “She did.” > t Memory Not Clear Then came a long series of questions as to what pen was used and whether the document was dated In the presence of Miss Oberholtzer, none of which Smith had a clear remembrance. He was uncertain whether he had dated the paper at the Oberholtzer home or at his office later. "Who prepared the statement?” Inman asked. “Griffith and I.” "Where?” “In my office.” "When?” “Two days before the time of signing.” “Were all the statements given to you by her?” “Practically, yes.” "Do you doubt as to whether you got them from her or from someone else?” “I heard her state all the facts.” “Did you write them down at the time she told them to you?” "No.” "When did you write them?” “She outlined them. I didn’t write them word for word." “You drew your own conclusions from what she told you?”

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If yon wish to go farther In studying learn tho fingering of the srales shown on tho staff In each chart, upper notes played with the right hand, lower with the left hand. Every triad In black letter Is marked 1, . 5. Always read It so. no matter In what vertical order the notes may be written. Note that Ihe small letter D with a daeh above It must not he played. NEXT LESSON—C Sharp Minor, which Is the relative of the key of E Major,

“I wrote them practically word for word as she had told me.” “Who dictated them to the stenographer?” Smith at first said that Miss Moore, Dean and himself had done It. Later he said that he had conferred with the two and done the dictating himself. He was unable to say how much time was actually given to dictating, but that It took the better part of the entire day to prepare the statement. Inman made repeaed efforts to get Smith to admit he had included in the statement matters told him by persons other than Miss Oberholtzer, but was unsuccessful. He said many of the facts had been “verified” by other persons. Questions Correction Inman then turned his attention to Interlineations and corrections in the statement. Smith said these were corrections made at the suggestion of Miss Oberholtzer and in her presence. It was at this point that Inman precipitated a near-riot between opposing counsel which finally brought down the wrath of Judge Hines, who announced that remarks back and forth must cease and All remarks be addressed to the court. Inman attempted to get the witness to admit that he had prepared a complaint in a civil action against Stephenson. “You went to Robert I. Marsh's office on four distinct occasions and demanded four separate amounts, SIOO,OOO, $50,000, $25,000 and SIO,OOO, didn’t you?” Remy Protests Objections from Remy brought a ruling from the court that this matter would not be gone Into. Remy characterized the practices of the defense as “sheer pettifoggery.” Upon cross-examination Remy patched up to a large extent the holes torn In Smith's testimony by Inman. Smith said he read the statement to Miss Oberholtzer sentence by sentence asking her to affirm or deny each and that corrections w’ere made at her

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