Indianapolis Times, Volume 37, Number 33, Indianapolis, Marion County, 18 June 1925 — Page 1

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VOLUME 37- NUMBER 33

AMUNDSEN RETURN REPORTED

SENATOR LA FOLLETTE IS DEAD

Judge Upholds Girl’s Dying Statement - ... ——

Story of Madge Oberholtzer Put in Record After Motions to Strike Out Vital Parts Are Overruled— Arguments Set for Friday. By Indianapolis Times Leased Wire CIRCUIT COURTROOM, NOBLESVILLE, Ind., June 18.— The dying statement of Miss Madge Oberholtzer, in which she told the details of her alleged midnight train ride from Indianapolis to Hammond, Ind., with D. C. Stephenson, former Indiana Klan leader, today was introduced as evidence in the bail hearing of Stephenson and his two aids, Earl Klinck and Earl Gentry. Repulsed in other lines of attack, the defense introduced the statement as evidence and made a motion to strike out its vital points. Judge Hines overruled the motion and the statement stood as originally signed by Miss Oberholtzer shortly before her death. Following, the defense and State rested. Arguments on the motion t'o admit the trio to bail will be heard Friday morning. The motion to throw out the vital joints of the staetment was made on the ground that it contained irrelevant matter that did not pertain to the charge of homicide.

Had the motion been sustained the only parts of the dying declaration, believed to be the strongest single piece of evidence in the State’s possession, left would be the following statements! That Stephenson tried to get Miss Oberholtz* u to go to a hospital after he learneu she had taken poison. & That he ordered a quart of milk Rand administered It to her. That he offered to marry her. That he refused to leave her at the hotel at Hammond. That he snapped hie fingers and said, “pack the grips.” That Stephenson helped her downstairs and she did not care what happened to her, that Stephenson said “you will stay right here until you marry me.” That Miss Oberholtrer drove to a drug store and got mercury tablets, that she refused to go to a hospital as Stephenson’s wife. Without a word of insistence from William H. Remy or other State attorneys, Judge Hines overruled the motion of the defense to strike out parts of the dying declaration of Miss Oberholtzer which they found objectionable. Judge’s Statement "It is not proper for the defense to offer evidence and then to move to strike it out so the court and State will be put on record for the trial,” he said. “It Is manifestly not fair to the defendants, the State and the court for the court at this time to pass on a motion of this kind, at a hearing of this sort. I don’t even know at this time whether the State will offer the declaration at the trial. It has It In Its possession, and it has been copied and read here. In advance of the trial, the cot'rt should not e required to pass on the compesncy of any evidence that might be offered in the trial. I am not going to say at this time whether this statement Is a dying declaration, and I am not going to say whether it Is incompetent.” Attorney Ira Holmes started to read the judge a long list of Indiana Supreme Court decisions showing that Irrelevant parts of dying declarations have been excluded from consideration at regular trials. The Judge stopped him to ask If a court, in a preliminary hearing to be let to ball, Is bound by the rules of evidence at trials. “The court has a right to make

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any inquiries he deems fit,” he said. Although Judge Hines said that In all cases the Supreme Court has always refused to consider the evidence, its hearings being on questions of error, he commented some on what may be admissible at Stephenson’s trial. “For instances, these conversations in the declaration which took place In the absence of the defendant would not be admissible,” he said. Main Cog The dying declaration Is regarded as the main cog in the State’s r ase against Stephenson. It will be the only evidence to many main points, as It has been pointed out the stories of Dr. Kingsbury, the nurse, the family and others will be ruled out, under well-known laws of evidence for trials, as mere hearsay. Attorney Cox and Remy were pleased at their victory. “In their motion they want part of the dying declaration struck out on the grounds it Is not part of the res gestae, or essential part, of the crime,” said Cox. “I what is a crime, and where does it begin and let leave off? All the circumstances of his unusual murder are part of this crime, and the whole dying declaration will be admitted at the trial because it deals with the res gestae.” After both defens and State had rested, Judge Hines adjourned court until 9 a. m. Friday at which time arguments will be heard if desired. Rule Friday At first Inman said the defense was willing to submit the case without argument. This proved agreeable to State’s attorneys, but there was a tendency among defense attorneys to change their minds and Judge Htoies gave them until Friday morning to decide. He said that he will rule at thaft time if no argument Is desired. After adjournment Inman said R was too early to determine whether the defense desired argument, but Ira Holmes, defense lawyer, said his side would argue the caste. Parents On Stand The appearance of Mr. and Mrs. George Oberholtzer failed to prove the climax of the hearing that had been expected. In fact they were on the stand less than five minutes each. Apparently the defense had shifted its ground following rulings of Judge Hines Wednesday, refusing to exclude from evidence Miss Oberholtzer’s story of events leading to her final Illness as told to other persons. Asa result Eph Inman, chief (Turn to Pago 2)

SUIT BROUGHT ONJULIETTA $150,000 Charge Filed Against Contractors. Russell J. Ryan, county attorney, today filed suit on bond in Superior Court Two asking $150,000 Judgment against George A. Weaver and his son, Windsor J. Weaver, for alleged Improper construction of east and west wings of Julietta county hos pital for the insane. The Republic Casualty Company of Pittsburgh. Pa., were also named defendants. Suit alleged the workmanship througHbut the building was careless, incompetent and unsightly. The buildings will have to be rebuilt, according to the complaint.

A DAY IN NOBLESVILLE COURT

Y p ;€\ n Defendants * A-ttys. Sketched by Times Staff Artist Paul Kroeeen at the Stephenson bail hearing In the Circuit Court at Noblesville.

NEW ELEVATION MOVE REVIVES FORD QUESTION Officials Say Closing of Street Would Cost Company $400,000. Elevation of the Pennsylvania Railroad tracks, scheduled to begin soon, will revive an issue that may end In withdrawal of the Ford Motor Company plant, 1315 6. Washington St., from Indianapolis, it was indicated today. While committees from the Chamber of Commerce and other organizations are beating the bushes In all industrial cities to induce new factories to move to Indianapolis, the city may lose the large Ford assembll ig establishment employing 800 men, with an annual pay rol. of $1,500,000. The trouble lies in the refusal of the board of works to allow Oriental St. to be closed In order to permit the company to operate its unique endless chain system of assembling Ford cars, one of the most radical revolutions to simplify production in industrial history. If the tracks are raised and the street remains open, the Ford company would be forced to expend $200,000 to Install assembling machinery on the second floor and $400,000 additional annual expense, according to company officials. Street Crosses Tracks Oriental St. starts at Bates St. and crosses the Pennsylvania Railroad tracks only 200 yards from Its point of origin. The street then jogs slightly and crosses Southeastern Ave. and the tracks and runs to E. Washington (Turn to Page 2) READY FOR ' BANDITS Bank Officials Gets Permit to Use “Machine Gun.” Paul Fechtman, assistant secretary of the Indiana Trust Company, today obtained a permit from Albert H. Losehe, county clerk, to carry a German Lugger automatic which he took from a German prisoner during the World War. Ordinarily the revolver shoots eight times, but by changing the magazine it can be made to operate like a machine gun, having thirtytwo chargee, Losehe said.

INDIANAPOLIS, THURSDAY, JUNE 18, 1925

Testimony Not for Minors ’ Ears

Bv Times Specia' NOBLESVILLE, Ind., June 18. —Dismay spread among young men and women who attempted to hear testimony at the Stephenson ball hearing Wednesday when Judge Hines ordered them from the courtroom. The judge held that the testimony wnß such toat minors should not hear It. There was a flurry as several girls home from college got up and left the room.

CONSIDER USE OF PLANES Kokomo Banker’s Plea Being Considered by State. Adjt- Gen. William H. Kershner today f,\id he has taken under advisement request of the Howard County Binkers’ Association to use State-owned military airplanes for pursuing bank bandits. Several planes assigned to the National Guard are stationed at the Kokomo air field. BOOKWALTER TAKEN ILL Park Board President Reported as Improved, However. Cha-les A. Bookwalter, former mayor, and president of the park board, has been seriously ill, following an attack of heat prostration and exhaustion last Thursday, It became known today. Bookwalter’s condition is much improved now. Dr. D. L. Kahn, attending phvsician, said today. SIGNAL TO BE ERECTED A Stop and Go signal will be erected at Washington and State Sts., by Friday night, John Berry, electrical engineer for the board of safety, announced today.

I Four |>ersons have boon in | I luted in trafTir accidents it> 9 1002 j 27 j

They were followed by a few youths. The vacant seals were quickly seized by their elders. Throughout the hearing a woman wearing a red hat leaned forwaid and glanced bellge-ently at D. C. Stephenson. Once she caught the eye of the former Klan leader, made a face at him and started a whispered denunciation. Stephenson eyed her for a moment, turned red and looked away.

JUDGE GIVES SENTENCES Five Hear Punishments Given hi Criminal Court. Harry L. Nelson, 32, said to be wanted in Illinois for parole viola tlon, was fined SIOO and costs and sentenced to two to fourteei years at the Indiana State Reformatory today by Criminal Judge James A. Collins on a forgery charge. Others flped and sentenced, with charges were: . Lawrence Debow, 19, colored, 2254 Schriver Ave., one year on Indiana State Farm, grand larceny; Ranford Underwood, 23, of 525 E. Ohio St., SSO and costs, and sixty days on the State Farm, contributing to the delinquiney of a girl; George Luper, 531 W. Pearl St., SIOO and costs and sixty days on the State Farm, blind tiger, and Howard Turner, 25, finSIOO and one to two years at the Reformatory, transporting liquor. ‘FEMALE MORE DEADLY’ Lad Hurt When Struck by Little Girl. The female was more deadly than the male In a "kid's" scrap today. Glene Payne, 8, 138 Detroit St., was struck by an 8-year-old girl with a belt buckle, police said. The boy was taken to the city hospital where it was necessary to take several stitches in his head. DRIVER GETS SENTENCE Fines ajid a sentence given Ernest McCormiciT, 619 N. Alabama St., In city court today, together with charges, were: $lO and costs, drunkenness, $lO and costs and thirty days on the Indiana State Farm, driving while drunk, and $25 and costs, carrying concealed weapons. 848 TAKEN FROM HOME Frank Munchoff, 603 E. Ohio St., reported his home entered and S4B taken Wednesday night.

GERM MILLIONS SPLIT PLANNED, DR.FAIMANSAYS Shepherd Promised Him SIOO,OOO for, Aiding in Murder, ‘Quack’ Avers. By Edward C. Derr United Press Staff Correspondent CRIMINAL COURT, CHICAGO, June 18.—“ Dr.” Charles C. Faiman, star witness for the State in Its effort to prove that William D. Shepherd murdered Billy McClintock, testified today that Shepherd promised him SIOO,OOO for his help in poisoning young McClintock with typhoid germs. “I told him I thought I should bo protected and that if he was going to get Billy’s $1,000,000 estate, I should get a fourth of it, $250,000," Faiman told the jury which is to decide Shepherd’s fate. “Plans All Laid” "Shepherd laughed and tried to pass it off and so I insisted on $200,000 at least. He laughed some more and we finally agreed on $100,000.” Faiman spoke slowly in low tones, his words barely reaching the Jury box. Shepherd, who hotly denies Faiman’s entire story, sat almost before him and eyed him sharply at important points. At other times Shepherd closed his eyes as though he were tired. “Shepherd told me his plans were all laid,” Faiman testified; “that he was going to give the boy typhoid germs in water. I told him that yas the safest way. Supported by Others “After Billy got sick Shepherd came to me In an excited manner and told me the boy was sick. He wanted to know If it was certain he would die. “I told him to give the hpy a cathartic to make sure. He said he would at once." Previous testimony of other witnesses corroborated this statement. Shepherd gave Billy some castor oil before doctors were called into con sultation. , / HOURLY TEMPERATURE 6 a. m 73 10 a. m 78 7 a. 73 11 a. m 80 8 a. m...... 74 12 (noon) .... ,81 9 a. m 78 1 p. m. 80

Entered as Second-class Matter at Poatofflce, Indianapolis. Published Dally Except Sunday.

Grizzled Veteran Progressive Leader Passes on to Last Home —Had Been Con : fined for Two Weeks — Heart Was Weak. KNOWN AS FIGHTER; POLITICIAN 45 YEARS Knew End Was Near for Two Weeks, Family Discloses —Born in Log Cabin — Stanch Defender of Rights of Labor. Bv United Press WASHINGTON, June 18.— Robert Marion La Follette is dead. “Fighting Bob," for twenty years United States Senator from Wisconsin, staunch defender of what he believed was the popular will, and independent candidate for President last year, passed on at his home here at 1:21 p. m. today. A gradual weakening of the heart muscles Induced by a siege of bronchial asthma brought the end. He was seventy years old last Sunday. For the last two week® he had been confined to his bed with a cold which he contracted during recent sudden weather changes here. Passing his seventieth birthday Sunday it seemed that he might be able to throw off the attack, but his frail physique had been so weakened by continuous Illnesses for the last two years, he soon afterward took & turn for the worse. His family had been forwamed by attending physicians who could do little to fight off the combined attack of age and disease. Knew End War Near Death came peacefully and quietly with his wife and children at the bedside. La Follette lapsed Into unconsciousness about half an hour before his death, but just a moment before his spirit took flight he tried to rouse himself. It seemeed to those of his family around his deathbed is If he were trying to say something—communicate some last message or ask for something or someone. The effort proved fruiltess. Too little 't-ength was left In the body to voice the words. That the Senator know death was upon Mm at least two weeks ago was disclosed by one of his family today. Small children were playing noisily under his window as he lay in bed with a cold that ultimately brought his death. "A life Is a wonderful thing. I’d like to begin It all over again,’* he said, “but I think I have earned a long needed vacation.” Knew How to Fight La Follette came from a stock that knew what fighting was. Known as "Fighting Bob” all over the United States, he deserved his title. La Follette’s great grandfather was a soldier in the Revolution while his grandfather Jesse La Follette was one of the strong-hearted pioneers that settled Kentucky wtyen Indian attacks were not lnfreqiiint. His grandfather was a neighbor of the Lincoln’s when Abraham Lincoln was born in 1809. La Follette’s father was a pioneer of Wisconsin moving with his wife and several brothers there In 1851, long before railroads were built In the State. La Follette was born in a log cabin at Primrose, Wls., Aug. 14. 1855. His father died before he was a year old. He grew to young manhood on their 280 acre farm, and when he was 20 persuaded his mother to rent the farm and move (Turn to Pago 2)

WRECK DEATHS MOUNT TO 45 Twelve of Injured Excursionists in Critical Condition. Bu United Prent HACKETSTOWN, N. J.,June 18. —The death toll of the Lackawanna train wreck Tuesday at Rockport, near here, today stood at forty-five. Miss none Wilgemein and Clemons Schmidt, both of Chicago, are the latest victims who have died. Twelve of the twenty-four Injured passengers still in hospital? are reported In a critical condition and fatalities may reach fifty. Bodies of many of the victims will be taken to Chicago today on a special train.

Forecast Generally fair tonight and Friday; not much change in temperature.

TWO CENTS

Frozen Arctic Wastes Finally Yield Up Missing Polar Explorer—Message Is Received Signed by Him — Missing Four Weeks. KING’S BAY, OSLO n HEAR FROM PARTY Party Flew From Spitzbergen Month Ago Today, and Was to Have Returned Within Thirty-Six Hours. Bv United Press NEW YORK, June 18.—Tie North American Newspaper Alliance today announced through the United Press that word had been received from King’s Bay, Spitzbergen, that the explorer Roald Amundsen and his party have returned safely from their Polar flight. Information of the explorer’s safety was contained in a message signed by himself and members of his party. A London dispatch says the Central News Oslo correspondent said a message received there declared Amundsen was safe. In two specially built airplanes, Roald Amundsen and his companions on this most daring of attempts to explore the region around the North Pole, flew from King's Bay, Spitzbergen, four weeks ago, this afternoon. The plan'q was to return within thirty-six hours. Amundsen hoped to land at or near the pole, spend six hours making observations and return to the base where his staunch little ships, the Farm and the Hobby, were waiting. Scientists Never Despiared While the world waited for word from the north, days and finally weeks passed without any message from Amundsen. Scientists throughout the world gave their opinions as to the probable safety of the expedition, some believing them safe, other maintaining the explorers must be lost. Close friends and relatives of the members of the expedition In this country, refused to give up hope. Mr. and Mrs. Burton Prentiss, brother-in-law and sister of Lincoln Ellsworth, the American with Amundsen, maintaining that the flyers were safe, attended Columbia university and later McGill at Montreal. He had flying experience in France during the World War and explored In the Yukon, hence. Amundsen Bankrupt Ellsworth and Amundsen both acted as observers In the planes In which they flew. The latter’s fame as an explorer has been world-wide, especially since 1912, when he was the first man to reach the south pole and later traversed the northwest passage and discovered the north magnetic pole. | First word from the north that the explorers had returned safely from their adventurous flight was received by leaders In the world of scientific exploration with remarks of “I told you so.” Amundsen’s successful return from his polar flight will mean much to the Norwegian explorer, for he was recently forced Into bankruptcy by previous failures.

BUS HEARING NEARS FINISH Only Two Witnessse to Be - Examined. With examination of nine witnesses in the forenoon today by attorneys for the Indianapolis Street Railway Company, hope was entertained for early completion of evidence In the fight between the railway company and the People's Motor Cach Company for local transportation supremacy. Only two of the remaining group of Street Railway witnesses are to be examined at length, according to David E. Watson, counsel, who indicated that the hearings on petitions to operate bus lines In the city might be brought to a close this afternoon. All witnesses today declared the services offered by the Street Railway had been sufficient and comfortable. F 0 U Umbrellas For Sand Roxen Also Asked For Playgrounds. Installation of drinking fountains in playgrounds at Finch Park, Udell and Rader Sts., and Brightwood. will be recommended to the park board today by R. Walter Jarvis, city park director said. He will also ask umbrellas as protection over sand boxes. Work of grading Finch Park wiU start at once, Jarvis said.