Indianapolis Times, Volume 37, Number 141, Indianapolis, Marion County, 13 October 1925 — Page 7

TUESDAY, OCT. 13, 1925

NEW VENIRE IS FORECAST (Continued From Page 1) . holtzer family physician, during the hearing to admit the accused trio xto bail last June. P Details of the alleged attack made upon Miss Oberholtzer and her death from poison were told in the statement. Inman insisted that the reading of this testimony as printed in the newspapers automatically disqualified the jurors, but Judge Sparks held an opposite view. Sparks denied the challenge against Buscher. Inman after questioning him further, renewed the challenge. Ralph Kane, State’s attorney, asked Buscher if his opinion were fixed too firmly to be removed by subsequent evidence. When Buscher hesitated in his answer, Judge Sparks sustained the challenge. Dawson Passed Dawson, a farmer near Carmel, was the next venireman questioned by the defense and was the first tentatively passed upon. Dawson agreed that the law presumes the innocence of a defendant until that presumption may have been upset by subsequent evidence. Basil C. Williams, another farmer, took the place of Buscher. He apparently met. with the satisfaction of the defense. Inman, after exhausting his repertoire of questions, asked Williams if there were any other circumstances that might disqualify him. h “The only thing, my wife has been reick in bed for the last week and is unable to do her housework, and I had to have a neighbor woman come in to stay with her today,” he said. K Imek Chuckles Klinck chuckled loudly. Judge Sparks excused Williams. Thomas Millikan, farmer, replaced Williams. He was the thirty-seventh talesman called. During the tedious examination of the talesmen Stephenson, Klinck and Gentry passed the time chewing gum, their jaws moving rythmically up and down in unison. Part of the time tliey listened to the questioning, and part of the time they just rested in as comfortable a position as possible. Stephenson's seat is immediately behind Inman's, where he can whisper in his lawyer’s ear when he feels it necessary. Klinck and Gentry occupy chairs immediately behind their chieftain. Any Children? ‘‘Have you got any children?” Inman asked Millikan. “Two.” "And are they boys or girls?” “One boy is 18, and one girl, 26, My daughter is married and het husband \worku at the Real Silk Hosiery Mills at Indianapolis.” Inman has made it a point to inquire of each prospective juror, 'the extent of his family, especially askking if he has daughters. * Millikan said he had no other relatives in Indianapolis except a cousin whom he had not seen for forty years. “I would never vote for the conviction of these gentlemen, as long as I might have any reasonable doubt,” he said. Inman passed Millikan after he said this, and turned his attention to Mendenhall, Westfield druggist. Tnman asked Mendenhall if he had relatives in Irvington. The witness said he did not. Inman asked if he had relatives in Indianapolis, and obtained the same answer. In all his questioning, the attorney has referred to Irvington and Indianapolis as separate cities. Knows Cox Mendenhall said he was acquainted with Charles K. Cox, former Su-

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preme Court judge, who has been hided by the Oberholtzer' family to assist in the prosecution. “I would vote for acquittal If reasonable doubt existed, and I would try not to consider the indictment as evidence if that is the law, as you say,” said the witness. At this point Floyd Christian, Noblesville attorney assisting Inman, whispered something to the defense chief, who passed Mendenhall and turned to Everett Clark, a farmer. He “ascertained that Clark was 29 years old and has one daughter, age 10. “Have you read the purported statement of Madge Oberholtzer? Clark was asked. “Yes,” was the reply. "You formed an opinion based on that statement?” “Yes.” Recess Called “Your Honor, we challenge this juror for cause,” said Inman. Judge Sparks excused the juror, and the court called a recess at the request of the defendants. Tension was somewhat relieved when the defense questioned Grant Carey, the thirty-eight talesman. "Are you acquainted in Indianapolis,” Inman asked him. “Oh, I’ve been there a few times —when I get there l know about where the stockyards is.” Judge Sparks leaned back in his chair to give vent to his mirth, and the courtroom roared. “Would you allow the sex question to influence your judgment in this case?" Inman asked. “hfo.” “leu would not treat the indictment as any evidence of the guilt of the defendants?” "No.” ■ “Have you any opinion as to their guilt or innocence?” “No sir, I know very little about tho case. When this took place, I was very busy and read but little—was not even interested/’ Carey was passed by the defense. He was the second Carey in the jury

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box. Don F. Carey was temporarily agreed on Monday. Rupe, temporarily passed Monday, was dismissed next on challenge for cause by the defense. He said he was afraid he could not extend the defendant fair consideration. Fred Harper, the thirty-ninth juryman, was called to replace Rupe. “You have no bias or prejudice In this case, and would serve with a free and open mind?” Inman asked him. Harper replied that he could. Court opened ten minutes late when a number of prospective jurors were delayed. Judge Sparks rebuked the men. Four Changes Four changes were made in the jury box almost immediately. Judge Sparks sustained the challenge of E. H. Durbin, Noblesvllle farmer, mafle by the defense as court adjourned Monday. Durbin, who said he had a fixed opinion, was replaced fyy Jacob Dawson. Dawson was also challenged, but the State took him over for cross-examination. A. E. Buscher took chair three in place -of Norban Speidel, who was excused for illness. Charles Brooks took chnir twelve for Theodore Wachstetter, who was excused for business reasons. Illness of his wife brought the dismissal of Charles Finley. He was succeeded in chair six by Everett Clark. In the Box This left Arlie Carpenter, Don F. Carey, Emmett J. Mendenhall, Elijah Rushton, Walter Sturdevant, C. F. Lower, Herschel Hunter and John Rupe in the jury box. Finley and Wachstette had been passed by the State. Stephenson had a wearied look on his face as he came into the court and sat down with his counsel. During Monday’s session the State dismissed four for cause and one peremptorily, the defense challenged twelve for cause and Judge Sparks excused two, one because of sickness and the other for business reasons. State Is Brief Ralph Kane, Indianapolis attorney assisting Prosecutor Remy, made short worli of the State’s examination, tentatively accepting twelve men and passing them to the defense before noon Monday. In all he questioned only seventeen. His chief questions were whether the talesman believed the criminal law should be enforced, and If he would let the wealth, political prominence or social standing of any of the defendants influence him. All said they would not. FLAPPER THIEF SOUGHT Bu United Press EVANSVILLE, Ind., Oct. 18.—Police today are seeking trace of a mysterious blond flapper who steals automobiles and takes night rides in the cars. The cars are usually found In good condition after the flapper has completed her trips.

THE INDIANAPOLIS TIMES

LgVIES CUT BY STATE ~~ \ Board Puts Wet Rag on Ambitions /In Ten Taxing Units. The State tax board put a wet rag on the ambitions of officials in ten taxing units in various parts of the State by reducing tax rates set by them in amifUnts ranging from 3 to 13 cents in each unil. The levies reduced are Logansport, civil and school city, La • Porte County gravel road repair, Marshal County, center Township, Marshall County; Trt/y civil township. Fountain County. Fountain County, Cass County, St. Joseph County, South Bend civil and school city, Portage Township, St. Joseph County; West Township, Marshall County; Monticello and Union Townships and White County. PHONE BOOST APPROVED Bunker Hill Residents Fjle Protest With State. Objection was filed with the State public service commission Monday by fifty residents, of Bunker Hill, Ind., against the proposal of the Indiana Bell Telephone Company to in : crease Its rates there. Objectors declared 50 per cent of the Bell subscribers would take out the telephone if the increase he granted.

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COMING! ' ✓ -ik Week of Unitarian Preaching Meetings MAXWELL SAVAGE, D. D. of Worcester, Mass, i PREACHER for the Unitarian Layman’s League Presenting frankly and fearlessly, with exact fairness and unfailing courtesy to others, the clear, simple, convincing appeal of a LIBERAL RELIGION Every Night—October 18-25 at 8:00 p. m. (Except Saturday) ' QUESTIONS ANSWERED All Souls’ Unitarian Church A Religious Center With a Civic Circumference. 1453 NORTH ALABAMA STREET

MAN AND WIFE HURT Automobile Overturns in Ditch on State Rd. Dr. D. A. Anderson, 53, of 3110 Sutherland Ave., and Mrs. Anderson, 51, are suffering today from injuries received when their automobile overturned in a ditch late Monday on State ltd 1, near SeventyFifth St. Mrs. Anderson received a* fractured pelvic bone and is believed to have internal injuries. Dr. Anedrson has a fractured collar bone and possibly several fractured ribs. RECEIVER APPOINTED Judge Harry O. Chamberlin of Circuit Court has named Harry F. Russ as receiver for Harry H. Hall and James AV. Wright, operators of the Hall-AVright restaurant, 29 W. Ohio St. Suit for receiver was filed against the proprietors by William Walls, a former employe. , He alleged that his salary of S4O is unpaid. SEAL SALE GOAL SET Indiana’s goal for the sale of Christmas seals conducted by the Indiana Tuberculosis Association, is $200,000. This figure was set Monday at a meeting of Indiana representatives of the State association at the Lincoln.

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