Indianapolis Times, Volume 37, Number 33, Indianapolis, Marion County, 18 June 1925 — Page 2

2

JUDGE UPHOLDS ATTACKSTORY (Continued From Page 1)

defense attorney, contented himself with asking the parents if they had personal knowledge of any facts charged in the indictment and upon obtaining negative answers dismissed them from the stand. The State asked no questions on cross-examination. Both Mr. and Mrs. Oberholtzer plainly were under a severe strain, and the father's voice was almost inaudible as he answered Inman’s questions. During the few minutes he was on the stand, his eyes never left Stephenson for a second. Nurse on Stand Miss Beatrice Spratley, Miss Oberholtzer's nurse, was called to the stand shortly after court convened. She testified as she had done at Coroner Paul F. Robinson’s inquest, at Indianapolis in April, that she is a citizen of Great Britain, but has taken out first naturalization papers. That she has been in the United States two and one-half years and in Indianapolis about a year. She said she went to the Oberholtzer home in response to a call by Dr. John Kingsbury at 11:30 a. m., March 17, and found Miss Oberholtzer in bed. She said she remained on the case until Miss Oberholtzer’s death at 10:05 a. m. April 14. She said she had previous experience with mercury poison cases during the time she was in charge of a 400 bed hospital in Preston, England. Inman asked her as to the course of treatment and then brought out that the witness had no personal knowledge of any facts stated in the indictments. With that he closed his examination. Remy Begins Remy then took the witness on cross-examination. "Did you find any wounds on the body?” asked Remy. Defense attorneys objected in a chorus, but the nurse had already answered "Yes.” "Describe them,” urged Remy. Miss Spratley began. “Now, your honor” said Attorney Holmes, rising, "we wish to object. This is not proper cross-ex-amination, because the defense was careful not to ask the witness anything about superficial wounds.” Attorney Charles Cox, assisting Remy, replied. "She has testified Miss Oberholtzer was sick and suffering. On cross-examination we have a right to develop in full what they showed in part, namely, her physical condition. If it hurts the defense, that’s their bad luck.” Defense Overruled After a few moments thought, Judge Hines overruled the defense, and Miss Spratley proceeded in detail. "The right and left leg were deeply bruised, so much so it had not cleared up by the time she had died. Both ankles were slightly bruised. Do you want me tell it all?” "Yes, go on,” said Remy. Miss Spratley then described lacerations on the body, glancing at the defense attorneys expectantly. The latter arose again and objected in a body. Judge Hines ruled out some of her testimony. Paul F. Robinson, Marion County coroner, was the last witness. He identified the coroners’ verdict which he returned following the inquest. It was that Madge Oberholtzer died of mercurial poisoning self-ad-ministered. Over objections of the* State he was permitted to answer a question asked by Inman, if in his opinion a person taking six grain or more of mercury could recover if six hours or more intervened before medical assistance was given. He said, “no.” If the first day’s hearing Tuesday was a day of unbroken victories for the defense, the tables were com-

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DO SIGNATURES COMPARE?

Did D. C. Stephenson register himself and Miss Madge Oberholtzer as “Mr. and Mrs. W. B. Morgan, Franklin,” at the Indiana Hotel in Hammond, Ind., the fateful night before Miss Oberholtzer took poison, as the State alleges in the Stephenson murder indictment.

pletely turned Wednesday. When court adjournend for the day the State had scored heavily and repeatedly and there was an air of jubilation among the prosecution lawyers as pronounced as their da pression the day before. State Confident Following a conference of the State’s forces composed of Remy, Cox, Rlph K. Kane and Thomas Kane, Remy announced that the State was convinced that the defense had entirely failed in its efforts to prove that the defendants were entitled to bail. Ruling by Judge Hines denying Motions of the defense to strike out testimony of various witnesses, including Dr. John K. Kingsbury and Marshall Oberholtzer, brother of Madge Oberholtzer, as to stories told them by Miss Oberholtzer, undoubtedly were great victories for the prosecution. Previously upon the same identical motion he had excluded the dying statement from evidence at that particular tame. The persistence with which Inman examined witnesses, all of whom are believed to be important witnesses, potentially, for the State, should the murder case go to trial before a jury, gave color to the opinion expressed by many lawyers that the object of the bail proceedings from the standpoint of the defense was as much to force the State to uncover its evidence as to obtain freedom for Stephenson, Klinck and Gentry. Regardless of the general trend of events Wednesday in favor of the State, this object, if the defense had it, had been accomplished to a great degree. Brother Testifies Marshall Oberholtzer told the story of the events leading up to his sister's final illness, as related to him by her. Substantially, it bore out the dying declaration and Dr. Kingsbury’s story, probably following the former more closely. It was the same story, of Miss Oberholtzer being called to Stephenson’s home the night of March 15, and of being kidnaped, taken to a sleeping car and attacked by Stephenson, then being taken from the train at Hammond to a hotel, where she obtained poison and took it; then being rushed back to Indianapolis by automobile and held prisoner in the garage in the rear of Stephenson's home, 6434 University Ave., until 11 a. m. March 17 when she was taken to her home. The brother testified that Madge told him after she had informed Stephenson she had taken poison, he pressed a revolver against her heart and demanded that she marry him. Hear Mrs. Shultz Mrs. Eunice Shultz, mild mannered, keen-of mind, clear thinking, definite, a striking little figure, was the last witness of the day, and from the State’s standpoint one of the best of the entire hearing. Mrs. Shultz lives at the Oberholtzer home, 5802 University Ave., and was the only person at the house when Miss Oberholtzer was brought home March 17. 1 She testified that she heard Miss Oberholtzer groaning as she was being carried to the house from an automobile by some man. The man, she said, carried Miss Oberholtzer upstairs and came down, before she had any conversation with him. “Do you know the man?” Inman asked. "I do. He told me Ills name was Johnson and that he was from Kokomo.” Inman made no attempt to have Mrs. Shultz identify the man further. "Where was he when he made this statement to you?” Auto Accident "He had come downstairs \ and was near the front door. I asked him how badly hurt Madge was. He said she had been hurt in an automobile acceident, that he did not believe any bones were broken, but that I had better call a doctor. He went to the automobile in the- driveway. It was a large car.” Mrs. Shultz said she then went up to Madge’s room and that Madge told her to come in. "She told me to call Dr. Kingsbury by telephone, and I did,' Mrs. Shultz said. “Did you have any conversation with her?” Inman asked. “I told her I hoped she would be all right, and she said, ‘I am dying, Mrs. Shultz.’ ” This statement was regarded as of vital importance by the State as it is claimed by prosecution attorneys that it will help Qualify the dying declaration and T>. Kingsbury’s testimony. Hands Numb "She was very cold,” Mrs. Shultz continued. "Her hands were almost numb.” "How long was it before Dr. Kings bury came?” Inman questioned. "Avery short time. He said ‘Madge you must tell me what happened so I can help you.’ I went out and closed the door. A little later the nurse came and I helped her make Madge warm. Then I left the room and never saw her again.” The testimony of Mrs. j Shultz verified statements of Dr. in a number of particulars.

Above is shown the writing in the hotel register and two examples of Stephenson’s name signed to a communication several weeks before. Should the murder case get to a jury it is likely the State will call in handwriting experts to compare the hotel entry and known examples of Stephenson’s handwriting.

FORD QUESTION RIVEN REVIVAL (Continued From Page 1) St. about 200 yards belond. The Ford plant Is in a block bounded by Oriental and E. Washington Sts. and Southeastern Ave. Only residents in the two hundred yards between Bates St. and the railroad line would be affected by the closing of the street. "The home office ofthe Ford Company has the issue to face and the decision to make,” said Roy W. Von Dett, assistant superintendent of the Indianapolis branch. Company officials state that an addition to the plant for manufacturing bodies has a place on the building program of the Ford interests, if the street is closed. This branch would employ approximately 400 more men, It was estimated. “Oriental St. extends only two blocks south of the Pennsylvania Railroad,” sai Elmer W. Stout, president of the Fletcher American National Bank, one of a group of business men who fought an unsuccessful battle before the board of works to retain the Ford factory, "it would seem to be poor Judgment to allow a street to remain open for the convenience of only a few persons, and thereby to lose a huge industry that employs men who who spend more than $1,500,000 annually in the city.” While no confirmation could be obtained at the Ford branch, there is a report that the Ford company has received overtures from Michigan City and Gary. Board Members Firm Members of the board of works today remained firm in their determination to allow Oriental St. to remain open. "If we allow an exception In the case of the Ford company, more than two hundred other factories along the lines of future elevation projects would have an equal right to demand that other streets be closed,” William H. Freeman, board member, declared. “The result would be a death blow to the entire elevation jfroject.” Freeman said costs of remodeling the Ford factory, as quoted by officials, were excessive. He minimized the benefits accruing to the city from money spent by the company, stating that 75 per cent of the Ford employes lives outside of Inndianapolis, driving to and from work In their automobiles. Von Dett contradicted Freeman’s statement. He .estimated that less than 25 per cent of the men at the plant were not citizens of Indianapolis. "If Ford leaves, others will take his place,” said Charles E. Coffin, president of the board of works. “I have seen similar crises arise during the history of Indianapolis, butt nevertheless the city maintained a steady growth in population and wealth.” May Move Everyone A report is current, that the Ford Company not only will remove Its branch from Indianapolis, but also will pay the expenses of moving the 800 employes and their families to another city, If the board fails to yield. Stout pointed out that citizens of Oriental St. may use Arsenal Ave. or Leota St., a block in each direction for an outlet to Washington St. The board's policy, according t.o Freeman, is to permit closing of streets only on request of a majority of the property owners. Oriental St. residents, he declared, are almost unanimously opposed to the closing of the street. Carl A. Taylor, president of the Taylor Carpet Company, who represented the Merchants’ Association beforee the board of works, emphasized the futility of attempting to obtain more factories for the city on one hand and driving one away on the other.

AUCTION I STARTS I PRICE SALE I STARTS| FRIDAY Conducted by Binzer, Auctioneer FRIDAY TIRES & ACCESSORIES 1 2 " d 1 VAUGHT’S Opposite City Hall i Alabama and Ohio Sts.

THE INDIANAPOLIS TIMES

LA FOLLETTE LOSES TO DEATH (Continued From Pago 1) to Madison, where he attended the university. The farm not bringing In enough revenue to support his mother and sister, La Follette worked while at tending school by getting out the University Press. Defied Machine After graduating from a law course, he announced his candidacy for prosecuting attorney. The Dane County “boss’ came to him and told him the Republican organization not stand for his running, and La Follette, naturally enough being a fighter* defied him. Thus began his forty-five-year battle against machine politicians. He won and was re-elected, aspired sue cessfully for Congress later, made friends with President McKinley, and held his congressional post six years A Democratic landslide returned him to private life at the end of his third term. La Follette then settled down to practice law at Madison, but was not destined to remain out of politics long. But La Follette’s brother-in-law, Robert G. Siebecker, was a Judge. La Follette made public a charge that Senator Sawyer, now dead, attempted to have him (La Follette) use his influence with his brother in-law to give a certain decision In a pending lawsuit. Sawyer and his friends branded the accusation as false nd La Follette started into politics again, with the announced

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intention of breaking the Republican "machine” in Wisconsin, In three successive campaigns, La Follette and his progressive followers were defeated—the first time their candidate for Governor, Nils P. Haugen, being defeated, and the next two campaigns with La Follette himself running for Governor. Elected Governor The third time, in 1900, La Follette was elected position he

- ~y nL

Senator Robert M. La Follette

filled till 1906, when he was elected to the United States Senate, where he has served since. Progressive found a champion In

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La Follette in 1923 and launched his candidacy for the presidency of the United States. He campaigned vigorously but was defeated. Secured Eight-Hour Ijw The veteran Senator is credited with leading the fight for the following important measures during his long senatorial career: 1. For the direct primary and the direct election of United States Senators. 2. For workmen’s compensation, general employers’ liability, safety appliance acts. 3. For regulation and higher taxation of railroads in Wisconsin, Government valuation of railroads and railroad rate classification. 4. For regulation of telephone and telegraph rates. 5. For publicity of campaign expenditures. 6. Eight-hour law for Government and State employes and fixed railroad hours of service. 7. For parcel post. 8. For Federal Inheritance act. For protection of women work-

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ers: of mothers and children; laws against child labor; for Federal children’s bureau. 10. Redefinition of trusts; exemption of cooperative farmer and labor organizations from anti-trust law. La Follette was married to a university classmate at Baraboo, Wis., Dec. 31, 1881. They have four children, all of which survive him. His youngest son now holds the office of prosecutor, where his father started climbing forty-five years ago. GOES BACK TO THE FARM Walter Baines, 23, of 1813 Dawson St., was taken to the Indiana State Farm today. He was arrested here by detectives Peats and Higgs, and held as a fugitive. The officers say he escaped from the institution. NOTE ISSUE ASKED The Gary Street Railway Company has petitioned the public service commission for authority to Issue and sell $38,000 In notes to finance purchase of five new cars.

THURSDAY, JUNE 18, into

LONE HOLD-UP REPORTED Hospital Orderly Ijoseg $2.50 to Bandit Pair. A lone hold-up report appeared on the police slates today. Ray Spearman, 24, an orderly at Indiana Christian Hospital, said he was walking west on Ohio St. and when he passed the alley between Capitol and Senate Ave., a white man pointed a gun at him. While he was searching him, Spearman said a colored man Joined him. They obtained $2.50 and some papers.

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ALICE TERRY IN “ANY WOMAN” SPAT COMEDY CY MII.DEItS, Soloist LESTER HUFF at the Organ CHAS. DAVIS ORCHESTRA

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