Indianapolis Times, Volume 37, Number 155, Indianapolis, Marion County, 29 October 1925 — Page 2

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STEPHENSON BRANDED ‘DR. JEKYLL-MR. HYDE’

Evidence Will Prove Double Personality, Cox Tells Jury. (Continued From Page 1) “Tho State superintendent of public instruction.” “Do you recall an evening in March, about the fifteenth of March, when she left home —where were you?” Had Been Sick “I was at home. I had been sick.” “State whether or not Madge had been away that afternoon.” “Yes.” “What time did she arrive at home that evening?” “Between 9 and 10.” The periodic creaking of a chair was the only sound to break the stillness of the courtroom. “Was there a telephone message for her?” Mrs. Oberholtzer began to tell the instructions contained in the message, but Floyd Christian, defense attorney objected. “What did she do when she received that message?” Christian entered another objection, but it was overruled. No Hat “When she left the home, did she have a hat on?” “No, just a coat?” "After you related to her upstairs the contents of the message, what did she do?” “She went downstairs to the front door.” “Tell what you heard or saw.” “I beard tlie voice at the fronA door—lt was a man’s voice I heard the door close, and she left. I went to the window and looked out, and saw her and a large man cross the street to the other sidewalk.” Mother Weeps “When did you next see her?” Mrs. Oberholtzer was weeping and for some time, could give no answer. Finally she said. “I saw her on Tuesday afternoon. I don’t know the exact time.” “Who was present in the house with you the next morning?” “Mrs. Shultz (who roomed at the Oberholtzer home), and Dr. Kingsbury.” Dr. John K. Kingsbury was the physician who treated Madge Oberholtzer during the period of her illness. “Where was Madge when you saw her?” Mrs. Oberholtzer nervously fumbled her handkerchief, and mm queer GAS,INDIGESTION a few Pleasant Tablets, Instant Stomach Relief! If you feel full, sick or uncomfortable after eaitng, here Is harmless stomach relief. “Pape's Diapepsin” settles the stomach and corrects digestion the moment it reaches the stcnach. A’hls guaranteed stomach corrective costs but a few cents at any drug store. Keep it handy!—Advertisement. Pimply? Well, Don’t Be People Notice It. Drive Them Off with Dr. Edwards’ Olive Tablets A pimply face will not embarrass yon much longer if you get a package of Dr. Edwards’ Olive Tablets. The skin should begin to clear after you have taken the tablets n few nights. Cleanse the blood, bowels and liver with Dr. Edwards’ Olive Tablets, the successful substitute for calomel; there's no sickness or pain after taking them. Dr. Edwards’ Olive Tablets do that which calomel does, and just as effectively, but their action Is gentle and safe instead of severe and Irritating. No one who takes Olive Tablets is ever cursed with a "dark brown taste,” a bad breath, a dull, listless, "no good” .feeling, constipation, torpid liver bad disposition or pimply face. Olive Tablets are a purely vegetable compound, mixed with olive oil; you will know them by their olive color. Dr. Edwards spent years among patients afflicted with liver and bowel complaints and Olive Tablets are the immensely effective result. Take one Or two nightly for a week See how much better you feel and look. 15c and 80c.—Advertisement.

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suppressed a sob with great difficulty. Finally she answered: "Upstairs, in her room, on the bed." "Just what wa? your daughter’s condition and appearance when you saw her?” Mrs. Oberholtzer tried vainly to answer the question. She could not speak. She bowed her head, placed her handkerchief over her eyes and tried to mumble an answer. “Take your time,” Judge Sparks said in a soft voice. Stephenson was paying sharp attention. “She was bruised and —and an open wound on her left breast.” "Describe the wounds as you saw them.” “Round bruises on her cheeks and both sides of her face.” Judge Sparks, although sitting within a very few feet of Mrs. Oberholtzer, could not understand what she said, and asked the court reporter to read her answer. It followed ; Describes Bruises “Her face on both sides was bruised—on this side was a round bruise, kind of jagged like,” Mrs. Oberholtzer explained pointing to her right cheek. “Describe the bruise, itself.” “A bruise on the right side of the face with an imprint around it.” “Where else were there bruises?” “All up and down her body to her ankles.” Near Collapse Prosecutor Remy foreseeing that Mrs. Oberholtzer's distress might cause her to collapse, questioned her on other details which he thought might not bring to her mind the ordeal she endured. “Do you recall that telephone number you gave her that evening when she returned?” “Irvington 0492,” Mrs. Oberholtzer replied after a moment’s thought. “Do you know whose number it was?” Christian of the defense was on his feet instantly with an objection to the question, declaring that any answer would be mere hearsay. “Oh no. If you look in the telephone book, and found the telephone number and name it would to admissible,” Judge Sparks said, “But it wasn’t in the book, but one of the men —” Five defense attorneys chorused an objection to Mrs. Oberholtzer’s explanatory statement, and it was sustained. Cross-Examination Remy then passed the witness over to the defense for cross examination. Inman asked Mrs. Oberholtzer several questions concerning Madge’s health prior to the date on which the State alleges she was abducted. Inman asked If Madge had any occupation other than the reading circle managership the few months prior to her death. “Did she have something to do around the session of the Legislature last winter?” “Not to my knowledge.” “You say you had "been to church that morning of the 15th?” “Yes.” “Now, during the day, was your daughter Madge away?” "She took me to church and then went away.” “Do you know of your own personal knowledge where she went?” Part Ruled Out. Mrs. Oberholtzer was subjected to a suave but grilling cross-examin-ation by Inman, chief defense attorney. Inman extracted little, however, from the girl’s mother, who evidently had the sympathy of the spectators. Inman’s attempts to go into Madge’s past life were ruled out by Judge Sparks, on objection by the prosecutor, who claimed such had nothing to do with the case in question. Mrs. Oberholtzer said that Madge had taught school in Hagerstown, Ind., during the war. “Did she return home as soon aa school was out or not?” asked Inman. “I don’t remember," said Mrs. Oberholtzer. “Did she ever teach school again in Hagerstown?” queried Inman, who seemed to be particularly interested in that portion of Madge’s life. Remy’s objection was sustained. Inman then drew out the fact that Madge had a “date” with a young man named George Watson, the fateful Sunday evening she left home. “Madge returned home about 9 or 10 o’ clock Sunday night,” said the mother. “Was any one with rer?” “Yes.” “Who?” “George Watson.” "Who is George Watson?” asked Inman. Only Met Him “That’s about all I know. I met him in the parlor that night, and then I went upstairs to bed.” Mrs. Oberholtzer said Watson was a young man, smooth shaven. ‘‘Did he come in the house?” “Yes. He stayed a short time. I met him anad excuse myself and went upstairs. A short time later Madge came up. She took off her hat. “When your daughter came home was she wearing this same velvet dress, same hat and same (lothes?” asked Inman. “She was.” “What sort of a hat was that?” “A little black silk hat,” stuttered Mrs. Oberholtzer, sobbing. “How long before they came home did you get those telephone calls?” asked Inman gently, not wishing to arouse any more sympathy In the jury. Four Calls “She got two early in the afternoon and two about 7 o’clock,” said the mother, drying her eyes, as her mind was led away from Madge’s clothes. “You gave her the telephone number when she and Watson came in the room?” “Yes, and then I went upstairs.” Mrs. Oberholtzer then told how Madge came upstairs shortly after that, took off her hat and gloves. “Then she went downstairs to answer tlie doorbell, which had rung. I never saw her any more. I watched her walk away with a large man. They went across the

MOTHER ON STAND

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Mrs. George E. Oberholtzer

comer of University and Dewey Aves. and went on west.” “Your daughter didn’t have a hat on?” “No.” “Was there a light before your house, Mrs. Oberholtzer?” “Yes, a street lamp, right on the corner, and another on down,” she replied. Mrs. Oberholtzer said that she woke up about 6 a. m. in the morning, but didn’t leave her house. Never Returned “Your daughter never came back until Tuesday.” “N-No, she didn't,” replied the mother with difficulty. • “Did your daughter at one time work for the Modern Finance Corporation in Indianapolis?” "Yes.” “I object, Your Honor, the question is not . competent," said Prosecutor Remy. “Sustained,” said Judge Sparks promptly. “Do you know when your daughter began to work for the Reading Circle?” "I don't remember.” "Was it in the fall of 1924?” asked Inman. “I don't remember—er I can’t remember at this time somehow. I have had so much on my mind,” said Mrs. Oberholtzer, apologetically. "That s all,” said Inman. Mrs. Shultz Next Mrs. Oberholtzer was followed by Mrs. Eunice H. Shultz. Mrs. Shultz’ testimony occasioned a barrage of objections from the legal battery surrounding the defendants. At first they objected to letting her testify about what Klinck said when he brought Madge home, but Judge Sparks said she could relate all that was said, when Remy told the court he would identify the man. as Klinck. “Just tell the jury what happened,” said Remy. “I was in the kitchen preparing lunch, about 11 o’clock for my son. I heard a terrible groaning at the front door. I went into the dining room, and saw Madge being brought in. I dried my hand and went in and saw Madge being carried upstairs.” “What do you mean, carried up?” asked Remy. Was Large Man * “Well, a large man was carrying her upstairs. I' stayed at the bottom of the stairs to see the man come down.” ‘‘What did he say?” “We object, Your Honor. The defendants each severally and severally object.” “Overruled," finally said ’Judge Sparks. “I asked the man ‘ls Madge hurt?’ The man said ‘She’s been hurt in an automobile accident.’ I said ‘Bad?’ And the man said ‘I don't think any bones broke.’ I asked him his name. He said ‘Johnson, from Kokomo.’ ” “What was his manner?” asked Remy, Was in Hurry “He hardly had time to tell me,” testified Mrs. Shultz, while defense attorneys in unison screamed objections, which Judge Sparks immediately overruled. “He went-rapidly and kept his face toward the door. He said he must hurry on, I but I got a good look at his face as he came downstairs.” Mrs. Shultz, a motherly looking little woman, testified in a clear, soft voice, and apparently was myt confused by the chorus of objections which broke up her testimony. “l'es,” said Mrs. Shultz, “I see Idm, in the back row, on the end,” pointing at Klinck. “Behind Mr. Stephenson. That’s him, the man with the dark hair.” Mrs. Shultz said afterward she learned that “Mr. Johnson” was Earl Klinck. “Now, Mrs. Shultz, now when this gentleman left this house, this Mr. Johnson, or Mr. Klinck, what did you do?” “We object, we object!’’ said defense attorneys. “That would be out of the defendants’ presence, therefore not competent.” “Overruled,” said the Judge, "Mrs. Shultz may have gone up to see Miss Oberholtzer.” “I went upstairs anad knocked on Madge’s door, and asked her “We object what she asked,’’ shouted Floyd Christian. "Yes, yes, Mrs. Shultz, you mustn't

THE INDIANAPOLIS TIMES

tell what you said because the defendants weren’t there, just tell what you did,” said Judge Sparks kindly. “Well, I went in and saw her on the bed. She was groaning so.” “Describe her condition,” urged the prosecutor. "Very deplorable.” “Now, your honor, we object to that ‘deplorable’—Unit's only her opinion of it.” ✓ “Yes, yes,” said Judge Sparks, “strike out ‘deplorable,* Mr. Reporter. You might mean something by that that we don't know about.” “Well, she was groaning ever’ breath. I saw her bruises, all of tliem. On her right cheek there was a circular dented bruise. On the left side of her breast were similar wounds only deepe, and blacker colors. She had bruises on her stomach and limbs.” “What, if anything, did Madge say to you when you came In the room?" the next question, which precipatated some more objections. “It will be sustained unless it was an exclamation of pain,” ruled Judge Sparks. Private Testimony Remy, Inman, Holmes Cox and the Judge then gathered around the witness and received her testimony in private to see if it would be proper for the ears of the Jurors. The Judge ruled that she could answer. “Oh, ‘l’m dying Mrs. Shultz,' Madge told me.” Defense attorneys promptly moved to strike the answ’er from the record •and were overruled. Mrs. Shultz said Madge was “mussed up and very dirty.” “Madge told me to call Dr. Kingsbury, and he came in less than an hour.” “When Mr. Klinck left the house did he walk, drive, or how?” “I saw the auto, it was a dark one, and very large. I would call It a closed car.” Court Recesses Mrs. Shultz was the only one at home, she testified as court recessdd for noon. As court opened Stephenson, Klinck and Gentry, w r lth their counsel, nonchahantly took their seats. Klinck was laughing about something. Judge Sparks Instructed all witnesses in tho courtroom to stand and be sworn. Mrs. Oberholtzer, Marshall Oberholtzer, her son, and Mrs. Shultz, a roomer at the Oberholtzer home, stood and were sworn. Judge Sparks added that all witnesses, except when necessary, would remain from the courtroom during the trial. But he allowed the three to remain In their seats. As Cox walked forward to deliver the opening statement, Floyd Christian, a defense attorney, requested that the court reporter take notes on Cox’s opening statement. “I really see no need for this. She’s

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Men Who Hold Trio’s Fate Ben F. Clark, 62, farmer, married, no chllden. L. H. Linsmyer, 37, manager Indiana Gas Company, Noblesvllle; married; son, 2; daughter, 7. Harley Huffman, 30, Clarksville, truck driver; married; son, 6. Clyde Clark, 45, farmer; married; son, 11. William Lehr, 51, farmer; married; one daughter, 16. Zeno E. Mundy, 35, fanner, married, five children. \l£jjllam A. Johnson, 57, farmer. W. O. Inman, 60, farmer. Leotls Neese, 60, farmer; married; two boys, one girl. Ralph Finley, 34, farmer, married, no children. Samuel Gerrard, 49, farmer, married, five children. Cash Applegate, 46, farmer, married, son and daughter.

been working pretty hard,” Judge Sparks said, referring to the reporter. “However. If there be any objection. we shall call her and It will be taken,” Judge Sparks added. Ira A. Holmes, another defense attorney protested against Judge Cox delivering the opening statement. “Each of the defendants objects to the opening statement being made by anyone but the prosecutor.” It was overruled with exception. As Judge Cox slowly and deliberately began the opening statement, George Oberholtzer, father of Madge, entered the courtroom and sat down beside Mrs. Oberholtzer. law Explained Judge Cox asked that the Indictment be produced. While Bailiff Mallery was obtaining the indictment, Cox read from the Indiana statute defining flrßt-degree murder and the lower degrees of homicide. “It is not anew definition of murder—it is simply a crystallzation of the law for all time,” Cox commented. Arriving at the penal section of the statute covering first degree, murder, Cox heavily accented the word “death.” Stephenson at this juncture busied himself taking notes. Cox slowly read the Indictment, returned against the trio April 18. 1925, by the Marion County grand Jury, charging first-degree murder in connection with the death of Miss Oberholtzer, eight days preceding. Never did Stephenson lift his eyes from the table on which he still was writing notes. While Cox read the description of the alleged murder, as told in the indictment, George Oberholtzer, the father of Madge, lowered his head, and obviously was suffering great mental anguish. Tears coursed down his cheeks and he wiped them away with his closed fist. Stephenson methodically surveyed what he had written, but never looked up. Klinck paid close attention while the Indictment was being read, and Gentry also showed a little interest. On completing the reading of the indictment Cox returned to his opening statement: “Each count of this, indictment constitutes a good lawful charge of murder." "To each of these counts, the defendants have pleaded not guilty. The State must prove the material element of someone of these counts beyond a reasonable doubt. Holmes Objects Holmes was on his feet with an objection to Cox, “making an argument of the case In the opening statement.” “Os course, the gentleman Is only stating a theory of his. If he begins to argue, we'll stop him,” said the judge. Cox declared that the defendants’ denial of.the charges was a move on the part of the defense counsel to mislead. Holmes objected to this reference and the court sustained him. Cox then continued: “This burden, gentlemen of the jury, the State assumes with confidence and proposes to charge clearly and certainly with the most convincing evidence. “The principal witness for the State will be Madge Oberholtzer, the dead victim of the foulest murder that ever stained the history of our State. “Madge Oberholtzer, clean of soul, but with her bruised, mangled, poisoned and ravaged body, THIS WOMAN’S REMARKABLE RECOVERY II ■ Entirely Due to Lydia E. Pinkham’c Vegetable Compound “My first child lived only a short time and I was slok for a ysar after. - When I bent J 8 over and raised I scream with pain ! In my back. One day I was so bad leave my wash town a little book i dla El. Plnkham’s Vegetable Compound was left In our car. I have taken five bottles of the Vegetable Compound now and I do all my housework and help with the milking and taking care of chickens and garden. Besldee I have a fine baby v girl eight months old. Just the ploture of health, and I am feeling fine myself. You may use this letter as a testimonial and I will answer any letters asking about the Vegetable Compound,”—Mrs. Os car F. Borgelin, Route No. 6, Forest (dg^Jowa. druggist* everywhere.

standing by her grave edge with the shadowy wings of the Dark Angel over her, will tell to you, so far as possible under the circumstances, the story of her entrapment, of her being drugged, kidnaped, assaulted, beaten, ravished and finally, as the culmination of indignities and brutalities, unheard of in a civilized community before; how she was forced by the loss of all which women hold most dear to take the deadly poison which contributed to her untimely and cruel death. “She will tell you as nearly, as with a tortured soul, a pain-wracked body, and distracted mind, she could, of the horrors of a night drive in an automobile from Hammond, 190 miles; of help refused her; of her Imprisonment, not In Stephenson's palatial home, but in his garage, and finally of being carried

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to her home at a time when her distracted father anad mother were away hunting for some trace of her, by one of the defendants, and laid broken and dying cfown on her own bed. Hoosier Bred “Gentlemen of the Jury, the evi dence will show that Madge Oberholtzer sprung from the soil of Indiana. Here she first saw the light of day. Here her childhood was passed, and here she grew to womanhood; here she was educated: here she lived an ambitious, a useful and courageous life. She had been a school teacher; she had worked in'the office of the State superintendent of public instruction: she had been business manager of the teachers and young people's reading circle of Indiana, an anxil-

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lary educational association of th State. ’None knew her but to lov* her. None named her but to praise.’ ” “The evidence will show, gentlemen of the Jury, that the defendant Stephenson was horn in the Slate of Texas; that he has drifted to many parts of the country and undergone many and varied experiences; that, he drifted into Indiana some four years ago, and took up his abode at Evansville; that quickly he rose to a pos tion of great affluence, and social and political power. “The evidence will show that he had a doublo personality,’’ said Cox, tossing his mane of iron gray hair, and glancing at Stephenson, who sat with downcast eyes in his ring of attorneys. “Tfliat on one side of him, was the (Turn to Page 13)

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