Indianapolis Times, Volume 37, Number 155, Indianapolis, Marion County, 29 October 1925 — Page 13

THURSDAY, OCT. 29,1925

MORE STEPHENSON CASE TESTIMONY

lefendant Flayed by Attorney in Opening Statement to Jury. From Page 2) magnetic, sympathetic, cultured attractive man of the world. He was an impassioned orator. Something about him enabled to attract and to dominate better men and good women. “The evidence will show' that there was another side of him, and that side shows him a violator of the law, to be a drunkard..../’ Here the defense objected. Holmes leaped to his feet. He said: “The defendant objects to any statement about whether he is a drunkard, or whether he came to Indiana and rose to great affluence and political power, as Judge Cox said while ago. The State can t show those things in their main case. It will not be admissable. “1 can’t control your statement of your theories,” Judge Sparks told Cox, “if you make it in good faith, but 1 can control the admission of evidence.” “Eph Inman, bulwark of the defense, rose to his feet. “We have reached a very important point in this case, Tour Honor,” he said. “Do you w'ant the jury out of the room?” asked Judge Sparks. “Yes,” said Inman. "T think you had better leave that out of our statement,” said Judge to Cox. right, your honor,” said Cox, “but our evidence will show that this palatial house of Stephenson had a double character.” Holmes again objected, but was overruled. “Overruled,” said Judge Sparks. "Such evidence may explain why Miss Oberholtzer w r ent there.” “The typical Doctor Jekyll and Mr. Hyde,” the impassioned attorney declared. “The evidence will show that in his growing pow'er he gathered unto himself as fit companions to his baser self, the defendants Klinck and Gentry, his body guards, and strong arm men. “The evidence will show gentle-

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Pale, Tired Mothers Should Beware of Chronic Fatigue

MANY a discouraged mother thinks that her chronically thin, pale, tired-out condition is due to exhausting houseworK ana care of children —when as a mattes of fact the real cause of all her distressing aliments is chronic fatigue. If you are weak, worn-out, hagtire easily, sleep poorly, a poor appetite—ls you suffer continually from weariness, backache, palpitation, etc. —nine chances out of ten it is because you are suffering from chronic fatigue. Don’t confuse chronic fatigue with the ordinary “healthy” fatigue you feel after a good long walk In the open air. Chronic fatigue—the serious kind —comes from within. Your organs and muscles have become debilitated and cannot function properly. To conquer chronic fatigue you must get at Its cause— ln the blood. For It is the blood that carries nourishment to every nerve, muscle and tissue of your body. And .it is almost invariably when your blood Is

men, that Stephenson installed himself, more than a year ago. In a palatial home in Irvington; that this house, it was not a home, had a double character like its master. “It will appear from the evidence, gentlemen of the jury, that on the night of the Sabbath of March the 15th of this year, the defendants, ail of them, with minds inflamed to lustful passion by strong drink, planned In that house, the entrapment and soul destruction of Madge Oberholtzer. State to Give More “I said to you that Madge Oberholtzer would be the principal witness for the State, and her story, assail her memory how they may, is of itself sufficient warrant to demand the black brand ’Guilty’ on the foreheads of these defendants, but the State will give you more, far more than her story. She will be supported and corroborated by creditable witnesses, unassailable facts, and by inescapable inferences until there can rest in no one’s mind the reasonable doubt of the guilt of these defendants.” Continuing his assertion as to what the State, through the deathbed statement of Marge Oberholtzer would show, Cox said: “Her statement Will show that she was taken to the Washington Hotel where railroad tickets w'ere procured and it will be corroborated by an employe of the Washington Hotel. “She tells jou she was taken to the Union Station, and it will be shown to you, that Stephenson arid Gentry sat on either side of her with gums in their hand. “She will tell you that she was taken to the drawing room of a Monon Pullman car. and the porter of that, car will tell you that two of these men, Stephenson and Gentry, brought her into that car.” Spoke to Porter “She will tell you that this man Stephenson said to the porter. ’You don’t seem to like ‘us very well.’ “This man, Gentry,” (Cox pointed his finger at Gentry), “remained in that compartment ail the time until Hammond was reached. She will tell you that they threw her in the lower berth and undressed her. She will tell you that they took her off the train at Hammond and took her to a hotel room. “Shorty” Named Ernest De Friese, "Shorty” De Friese they call him, now and since last spring a fugitive from justice—the evidence will show that Shorty was the man who drove Stephenson's car back to Indianapolis. Pointing a scornful finger at Stephenson, Cox'continued: “We will show that these friends, shut up in that drawing room with Madge Oberholtzer, wounded her from her cheeks to her ankles until her very blood flowed. , "That this man. Gentry! Gentry ! refined woman— * * * Gentry! Gentry, Inved her wounds with witch hazel in the hotel room at Hammond the next morning, because of the shame and disgrace of it.” “They took her to Indianapolis, kept her in Stephenson’s garage, begging for help, and Tuesday morning about 11 o’clock, when this man, this man, Klinck!” said Cox, advancing to the defendant table and pointing at the huge Klinck, who towers over six feet in height, “took her home in Stephenson’s automobile and carried her into the house.” Klinck did not bat an eye. During the entire discourse, Stephenson paler than usual, made a busy pretence of taking notes, peeping his head lowered. On the occasions when Gentry’s name was mentioned the latter sat up straight and rigid, evidently exceedingly uncomfortable. Gentry’s gaze, however, met that of the attorney squarely, at such times. Women Crane Necks The womep spectators craned their necks to view the defendants. The courtroom kept filling slowly as the morning progressed, until by noon It was crowded. “This story will be corroborated by people from the Indiana hotels where this man Stephenson wrote on the register, ‘W. D. Morgan and wife, Franklin, Ind.,’ and this man Gentry wrote, "Earl Gentry,” Indianapolis’.” “There is one thing I have not said that I want to say now,” said Cox, throwing all notes aside and striding to the front of the jury box. “The evidence will prove incontrovertibly, that part of these marks inflicted on Madge Oberholtzer by these fiends, by teeth, gentlemen, became infected and cause bloodpoison in their victim. “It will show that parts of the body of Madge Oberholtzer were lascerated, bruised in such a condition to leave an imprint; that these two defendants, Stephenson and Gentry, attacked her, both of them,’’ said

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Cox, pointing at Stephenson and Gentry, with a sardonic smile, while women spectators gasped and a death-hke stillness prevailed again. Smith Defended Cox then prepared the jury for possible attack on the credibility of the star witness for the State, Asa J. Smith, a young Indianapolis attorney, who wrote down the dying statement made by the girl. Smith, an ex marine, who wounded at the battle of Belleau Woods, and who Is said to be suffering from shell sock, became greatly confused during his testimony at the bail bearing under cross examination by Inman, and the State evidently fears a duplication of the scene. “There will be a witness for the State. Asa J. Smith," said Cox “Smith was bred from the blood of Hamilton County. He volunteered as a marine and fought as a private at the battle of Belleau Woods. He was wounded. He was burned with mustard gas. He bears the today. He was m the hospital three months, blind. “I tell you this, because he will be a witness. He cannot be discredited, unless you discredit the American flag. “I haven't told you all the details. I have given you a brief outline of much the State expects to prove. J have tried to be fair. Following the conclusion of Cox’s speech, which lasted an hour and fifteen minutes, Judge Sparks said: “If there are any other witnesses in the courtroom let them stand up and be sworn.’’ Detectives McGlenn and McMurtrie of Indianapolis, and Mr. Oberholtzer arose and held up their right hands and were sworn to tell the truth, the whole truth and nothing but the truth. “All the witnesses except Mr. and Mrs. Oberholtzer and their son will be required to leave the courtroom,” said the judge. “They will not talk to any one about the case, except of course, the attorneys, who have a perfect right to interview them.” A recess followed the swearing of the three witnesses. Following the recess. Prosecutor William H. Remy of Marlon County took charge of proceedings for the State and began Introduction of evidence. ATTORNEYS TO BE AT POLL Democrats Make Plans to: Election Day. Two attorneys will represent le gal rights of the Democratic part> at each voting place election day it was decided Wednesday night a the Indiana Democratic Club Charles Remster presided. Attorneys who will serve are: Charles Remster. VV. A. Pickens. Reei raid H. Su.livan. Henry M. Spann. E. E Thompson. L. Ert S’aek. F. O. Snethen Chalmers Sehlosser. Clarence Weir. CharU Welliver. Samue! O. Pickens. HaroM Taylor. I.eo X. Smith. Joseph H. Shea. Donat L Smith, W W. Spencer. Jacob L. Stein metz. H. Nathan Swaim. Walter Tingl Joseph P. Turk. Clarence Merrill Glen Van Auken. J. Olias Van Neer, Joe Wi liams, Carl Wcod. Allan Boyd. P. W Bartho’omew. Charles L. Barry, Georsre Burkhardt. Guy P. Easterbrook.. Henry Warrum. Mad json Wa'sh. Elias D. Salsbury. John E Florea. Frank Seidensticker. Thomas Gar vin. Joseph O. Hoffman. P. J. Bauch Join P. Le.vendecks. Leons Bounties:. James L Mitchell. John G. Raurh. Robert A Adams. William C. Batcheldor. V/. J Beckett. Clyde E. Baker. Smilev Chambers Joseph L. Collier. Frank Dailey. Hard! Batcheldor. James E. Leery. Samuel Gar rison. Humphrey Harrington. Gideon W. Blain C. R. Cameron. Earl Cox. Chris Emhardt Wil iam L. Headrick. Georire Hill. Hubert lfickam. Oren Hack. Selem D. Clark Ralp* McCarty. B. H. Causrhran. Charles D Clark. Walter Clark. Albert Stump; S. A Clinehaus. Lewis A. Coleman. Richard M Coleman. Otto Cox. Paul G. Davis Pau' Y. Davis. Adolph Emhardt. James p Ermston. Edward W. Felt Louis Herhst M. B. Hottell. Jackie! W. Joseph. Bernard Korbly. Raymond F. Murray. Fred Van Nuys Howe S. Landers. John G. Roehford. Adolph Schrieber. Ed Hohlt. Anthony J. Klee. Charles J. McCormich, •Tosenh Ryan. Harrv Raitano, Milton W. Mamrus. Othaniel Hitch. J E. Hollett. John W. Holtzman. Clyde C. Karrer John W. Kern. Edward H. Knight. J. G. McNutt. Walter Lewis Edvard W. Little. Theodore L. Lories. Woodburn Masson. Floyd H. M ittice. Fred McCa'lister, E. E. McFcrren. Thomas D. McGee, P. E. O'Neill. Moses B. Lairy Julian Ralston. Georsre Rineyear. Frank P. Ross and Henry Seyfried. BUT IT WAS LOADED And Man Is Taken to Hospital After Being Shot. While Hennessey King, colored, 1019 N. Illinois St., was demonstrating to Thomas Jones, 23, colored, 1435 N. Missouri St., the safeness of an automatic pistol at 1428 N. Missouri St., the gun was discharged and the bullet struck Jones over the eye and came out over the right ear. He was taken to city hospital and King was charged with carrying concealed weapons and vagrancy. He said he thought the gun wasn’t loaded. STREET TO BE OPENED Celebration Will Be Held, Says Haughville League Official. E. O. Marlowe, secretary of the Haughville Civic League, said formal opening of the W. Tenth St. pavement between Tibbs Ave. and Wh/ite River Blvd. will be celebrated tonight at a meeting at King Ave. and W. Tenth St. Dancing and a radio concert will follow addresses. j——wo.l ■ ——

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‘MITCHELL NOT PRIVILEGED TO TALK FREELY’ ‘Guarantees of Free S jeech Do Not Extend to rmy Men,’ Says Prosec .tor. Bv United Press WASHINGTON. Oct. 29.—The Army court-martlf trying Col. William Mitchell on < larges of insubordination today <r *rruled the contention of his coun el that it lacked jurisdiction. After hearir arguments for and against sustaining the defense’s challenge, the court, at a ten-minute secret session, sided with the Government and ordered the trial to proceed. May Not Talk Mitchell had contended that constitutional guarantees of free speech safeguarded Army officers in criticising their superiors. Army prosecutors refuted the argument, declaring discipline in the Army would be Impossible If such were the case. Col. Sherman Moreland, judge advocate prosecutor, declared, “The status of a man Is changed when he enters the military service. He changes from a civilian status and the change carries considerable consequence. Colonel Mitchell has overlooked the element that a soldier enters into an enlistment contract.” The personnel of the Army, Moreland said, must abide by military tradition and law that Is laid down upon it. Army Would Rot “If there was a deviation from this, the Army of the United States would be left to rot on its own soil,” he declared. Representative F. R. Reid. Mit chells counsel, answered Moreland briefly, declaring his argument 'acked facts. “Colonel Moreland bases his whole ■gument on tradition,” said Reid. How could anybody ever be coneted for violating tradition? “I maintain there Is no law, ;itute or common law, to cover the ue&tion we have here. The •osecution has failed to cite any iw. Nobody has ever stated and n law states that this is a crime.” MSTURBED SLEEP Caused From Bladder Weakness, Nature’s Wav of Telling You of “Danger Ahead.” J. H. Hanford, 7155 Yale Are.. Chiigo. 111., save, “For two years I have on troubled with kidney disorders, •id it was very painful. Llthiated kichu cleaned me up In one week. I ill be glad to tell or write my ex•crienee. Llthiated Buchu Is not a atent medicine as the formula Is on ke label. It cleanses the bladder as psoni salts do the bowels, driving out I>normal deposits, neutralizing excess cid. thereby relieving irritation which uises disturbed sleep. It Is not a ,eap medicine The tablets cost 2 •nts each at all drug stores. Keller laboratory, Mechanlcsburg, Ohio, oeally at Hook Drug Co.—Advertlsenent.

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