Indianapolis Times, Volume 37, Number 156, Indianapolis, Marion County, 30 October 1925 — Page 18

18

JUDGE OVERRULES MOTION TO STOP TRIAL

Defense Charges Prejudicial Remarks Made by Sparks to Jury. Prosecutor Remy began to work around to introduce the written “death statement” which Smith prepared from memory after Madge had told him the history of the trip in different conversations. The witness’ testimony was interrupted by frequent objections. “Did you serve in the Woiid War?” asked Remy. “Yes, I did.” Defense Alert The defense objected, fearing the prosecutor was about to submit Smith's war record, and the fact that he was wounded as a marine at the battle of Belleau Woods, and since that time has suffered from shell-shock. Remy evidently was afraid that Smith, whois easily excited, would become confused on cross-examination and create a bad impression. Remy wanted to get the fact to the jury it seemed that Smith was shell-shocked. “I had a boy who did the same thing—served in the war,” said Eph Inman. “Yes, it’s not material,” said Judge Sparks. Secretary to New Smith then said that he was private secretary to Senator Harry S. New at Washington, D. C., for a year. He has practiced law since 1917, he said. "Do you know the Oberholtzer family?” asked Remy. “Yes.” “During last March when Madge Oberholtzer disappeared from home, did you receive notice of it?” “Y*es,” replied Smith. “They talked to me on the phone before she was found.” “Before she was brought back, state whether you went to Stephenson’s home in Irvington.” Went With Two “Yes,” replied the attorney. “Miss Ermina Moore, and Mrs. Oberholtzer went with me.” Miss Moore was a friehd of Madge and worked at the State House. “What time did you go to the Stephenson home?” “Monday evenings March IC. We must have reached the house about 11 p. m. When we got there, 1 stayed in the machine while the two women went to the front door.” “While you were in the car did you see anything?” ' “I saw a closed car, a sedan, drive into the Stephenson yard and drive back to the garage. The car, when it reached the garage, the lights snapped out, and I could hear barking of dogs from that garage. Then some lights were made in the garage, the car went in, and the lights went out.” “Did you see, or learn anything of Madge Oberholtzer that night? “No, sir, Mr. Remy, there is something I forgot. The dogs quit barking. A short young man came from the garage and went up on the porch.” “Do you know who he was?” ■!sked Remy, while the eyes of sev ;ral jurors turned to Stephenson, expectantly.

Stephenson Busy The later busied himself with a pencil. “No sir,” was Smith’s reply. Mrs. Oberholtzer anti Mjgs Moore were on the porch, talking to some man in a dressing gown, who had answered the door, and the mini from the garage talked to them. I was at the curb. Miss Moore and Mrs. Oberholtzer came back and I took them home.” “At whose suggestion did you go to Stephenson’s home?” x “At my suggestion,” said Smith. The witness was nervous, and several times corrected his answers. “Had you been bunting Madge Oberholtzer?” “Yes sir, ever since her mother called me.” "Did you see Madge Oberholtzer the next day?” “Yes, she was at home, in bed. It was Tuesday. Yes, it was Tuesday I am sure. “Who else was present?” Mother Present “Mrs. Oberholtzer took me up, and she was present all the time, Oh, she may have gone out of the room a few minutes once or twice, or something like that.” “Did you have any conversation with Madge?” “Yes. She said 'l’m done for.’ ” Smith said that Mrs. Oberholtzer showed him the bruises on Madge’s chest. “It was a solid mass of bruises, black and blue, some of them bloody-appearing. Yes, black and blue. Bloody-appearing.” said the witness, as if looking at a mental picture, while a slight shudder ran through his frame. “What did she say to you and you to her?” i Defense Objects Christian, safety man of the defense, whose duty it is to scent damaging testimony, leaped to his feet.

Break a Cold Right Up with “Pape's Cold Compound" tTake two tablets every three hours until three doses are taken. The first dose always gives l’elief. The second and third doses completely break up the cold. Pleasant and safe to take. Contains no quinine or opiates. Millions use “Pape’s Cold Compound.” P rice thirty-five cents Druggies guarantee it. —Advertisement.

“We object. Your Honor,” he said, and, turning to the witness, asked: “Were these remarks afterward reduced to writing, Mr. Smith?” “The substance was,” replied Smith. “Wo object,” said Christian. “The writing should be the best evidence.” Judge Sparks overruled the objection. “Anyone who hears a statement, later reduced to writing can testify about it,” the Judge reminded Christian. “I wrote down the substance myself, from memory, of her entire story as she told it to me at different times,” said Smith. For the first time, since the trial opened, Attorney John Kiplinger of Rushville, a defense lawyer, took a hand in the proceedings. “We further object because it is not part of the res gestae.” The “res gestae” is a legal term meaning the gist of the affair. Overruled “That's overruled too,” said the judge, Christian took a hand. "We further object, because the defendants were not present. It calls for hearsay. It has not been shown she was in extremis.” “Objections sustained on those theories,” said Judge Sparks. Prosecutor Remy attacked from another angle, laying the legal groundwork for a dying declaration, which can be admitted as evidence in murder trials, as an exception to the rule against hearsay evidence, on the theory that a person about to meet die, will tell the truth. “What was her condition?” asked Remy. “We object,” wearily interposed the defense attorneys. They were promptly overruled. “She was apparently in great, distress, physically and mentally said Smith. “After that, from time to time, did you have any conversation with her as to the manner of her death?” “Yes, the first time was Tuesday. I took Miss Moore with me.” Miss Moore Fainted Smith said that he particularly remembered faking Miss Moore, because when the latter walked into Madge's bedroom, and caught the first glimpse she had had of her friend in her bruised and battered condition, she tumbled over on the floor in a dead faint. This episode was ruled out of the evidence when it developed that Smith was downstairs when he heard Miss Moore fall and did actually see her faint. Defense attorneys appeared elated.

Judge Sparks said that the affair was “frankly material.'” Remy then proceeded laying the foundation Cor introduction of the death statement, every step a battle. “When was the next time she mentioned her condition?” “About a week after this Tuesday. It was about 6 o’clock in the evening. I think her mother was in the room. She was in great agony. I said ‘Gbodby* and she said ‘Good-by’ to me, seemingly in great anguish. The next day she said to me ‘When I said goodby to you last night, I thought it was good-by.’ She always said she would not get well.” Remy then interrogated Smith regarding the preparation of the statement in manuscript form. Tells of Writing “At my office I reduced the statements she gave to me in writing. On Thursday, March ”(>, at about 9:30 or 10 o’clock in the morning, I called Miss Ermina Moore to my office and she brought her own notes. I took my draft and Miss Moore's notes and read them out loud, using Miss Moore’s notes and those I had written in consecutive order relating Miss Oberholtzer’s experience. I corrected any grammatical errors that might have existed, called a stenographer, and dictated the entire statement. Then Saturday, March 28, two days later, I called Miss Moore and we corrected the typed matter.” “Was the statement as prepared by you .substantially the same as she had related to you?” “Yes.” “And then you went to the Oberholtzer home?” “Yes.” “Who was present in Miss Oberholtzer's room besides yourself?” Three Witnesses "Dr. John K. Kingsbury, Miss Moore, and Griffith D. Dean.” Dean is Smith’s law partner. Remy, at this point, procured the dying statement and carefully unfolded it. "Did you show her the statement?” “Yes.” • “Did you read it to her?” “Yes.” “What was her position?” .Lying in Bed “She was lying in bed, apd I was near the head.” “Did you read it as you wrote it?” “Yes, I read it very slowly and distinctly. Every word, every sentence, every paragraph, and every page, slowly and distinctly. Every sentence I stopped and asked lici* if it was true. She interrupted me several times in the midst of sentences to say, ‘Yes, that’s right.’ ” “Did she request any corrections?” “Yes, three or four times, she interrupted me.” “After reading her the statement, did she sign it?” “Yes.” “Where was she when she signed it?” “Still in bed. L. Kingsbury propped her up, aim T think possibly, that Miss Moore, assisted him. We took a magazine, and laid it on a pillow, held it before her and I placed the pen in her hand. She signed it, and 1 did not guide her hand.” Remy, with-the manuscript in his hand, stepped forward and said: “I hand you State’s exhibit numberone, and ask you to say whether or not. this is the statement.” Smith examined it thoroughly. Page ny page, and paragraph by paragraph, and arriving at the last page, he glanced at its foot, observed tha signature, and answered, ■ “Yes, sir.” \ Statement Held Up Following a grilling c-ross-exe.mina tion by Inman, was excused by the State without the dying dec-

laration having been introduced. Smith refused to ire shaken in his testimony by the veteran attorney, who poured question after question at him, on the preparation of the document, and the validity of Madge's signature. Smith took the stand after Judge Sparks had overruled the motion of the defense to stop the trial and discharge the jury. The jury was excluded from the room while defense and State attorneys argued. The motion was made on the ground that Judge Sparks had ma#Je prejudicial remarks before the jury, Thursday afternoon. The remarks to which the defense took exception were made by Judge Sparks while George Oberholtzer, father of Madge, was on the stand, and were relative to the defense theories that Madge committed suicide instead of being murdered.

Judge’s Remarks - Part of the remarks the judge made as follows: “Whether a-'virtuous woman holds her virtue dearer Ilian her life or her life dearer Ilian her virtue if attacked by superior forces, and whether those superior forces were hound to take that into consideration, is a matter for the jury to decide, and therefore he may tesiify,” ruled Judge Sparks. The judge also indicated in his talk, according to defense contention, that the theory of suicide can not be made in the trial. “Such remarks are more damaging to the defendants than any testimony that could be introduced," said Floyd Christian, defense attorney presenting the motion. “This is a case of suicide, not homicide," Christian shouted. “We ask that the submission of evidence he stopped and the jury be discharged,” said Chrisfc'an, “so we can start all over in this case with clean hands. This is a very clear case, and the defendants are entitled to a fair trial.” Christian told the judge that the motion and the defense argument were not made in a spirit of animosity to the judge, but only to "guarantee the defendants a trial under due process of law.” That the defendants are reaching a point of honest concern over the seriousness of the case resulting from the testimony introduced by Prosecutor Remy Thursday, was written on their faces. Stephenson sat at the defense table with his chubby fists poked into his lace and a trace of worry visible on his countenance. Klinck and Gentry also followed the argument with much interest. “Here we have a statement made by the court in all good faith, but we think the court has committed a very grievous error,” said Christian. “What the court states to a jurybears great weight.” Christian said that all the crimes in Indlaha are defined by statute. No Statute “There is no statute i.i this case covering this murder charge as outlined in this indictment,” he shouted. Appeal Certain Defense attorneys will appeal the case if a conviction is obtained, they stated. “We have enough errors in the record now, to reverse this case on appeal,” said Ira M. Holmes, one of the defense staff, who is noted for his success in appealing criminal cases in Supreme Court. Judge Begins Adjusting himself easily in his chair. Judge Sparks began: “Gentlemen, the situation as I see if is just this:. Os course, I wouldn’t say anything to the jury that would jeopardize the defendants. That 1 have not done. “This is one court, I think, that has done less |o influence the jury than any I know. To say they (the jury) would follow my instructions, instead of yours, is in conflict with my experience. Os course, you are all in earnest in the case, but I think you're taking yourselves a little too seriously.” “All yesterday, you had the privilege of asking the jury to step outside and make your remarks. It’s not my duty to suggest those tilings to you.” Judge Sparks shot at the defense. It Ttas easily understood. “You didn't ask the court to discuss that matter Thursday. You asked for a ruling.

Natural Consequence "It seems to me Gentlemen, that the fundamental conditions in this ease are well established The law provides that if a man commilts a felony, he is hound to anticipate the natural and reasonable consequences of that act. I did not tell the jury it was the natural consequence of the act, but it they find the suicide the natural and reasonable consequence of the act, it’s up to them to do a certain thing. “I don’t agree with the defense counsel when they say a blow is necessary. Floyd Christian, defense attorney previously had used the word ‘blow’ in a general sense, as being necessary to the commission of murder. ‘‘l think a murder can be committed indirectly, and so the decisions 'say. Cites Case “Here’s a case: Three men took an old man from his home and loaded him into a carriage. They carried ropes and clubs, not with the purpose in mind of killing him, but to heat anad frighten him. He jumps from the carriage, falls into the river, and is drowned. The three are convicted of murder.” “But suppose he shot himself instead —would that be murder?” asked John H. Kiplinger of Rush ville one of the squad of defense attorneys. “No. You’re misquoting me,” Sparks reiterated. "This jury is bound to understand here from your remarks Your Honor, that this woman took her life to save her virtue." Christian snid. “There is no issue here like that. At least I don't think so.” Judge Differs "Well, I do, and (hut’s where we differ,” said Judge Sparks. “The motion is overruled, with thirty days in which to file a hill of ex-

THE INDIANAPOLIS TIMES

ception. Call the jury in and the next witness.” The fourteenth day of the trial—thirteen were taken to get a jury—was opened Thursday morning by the opening statement of the State's case, made by Charles E. Cox, former Supreme Court judge, hired by the Oberholtzer family to assist the prosecution. Cox drew a picture of Stephenson’s palatial home in Irvington as a place of double character, like its master, to which the defense objected. Judge Sparks said: “It may explain why Miss Ober(holtzer went there,” in reference to statements that good people on occasion gathered at the house. Mother on Stand Mrs. George Oberholtzer, Madge's mother, dressed in mourning,* was the first witness. Her voice broke frequently, and she appeared on the verge of a breakdown several times as she related how Madge left the home Sunday evening with a large man who called for her, following four telephone calls from Stephenson's house and how she was carried into the house two days later, broken and poisoned, while the family was down town looking for her. Mrs. Eunice Shultz, who rooms with her son, a Butler University instructor, at the Oberholtzer home, was next. She told of seeing a man who said his name was Johnson, carry Madge into the house Tuesday, March 17. and lay her on her bed. One of the high points of the trial came when Mrs. Shultz, a motherly little woman, rose from the witness chair and pointed at the huge Klinck, sitting behind Stephenson and exclaimed: “That’s the man.” Doctor Heard Dr. John K. Kingsbury, family physician, who was called by Mrs. Shultz gave the jury the history of the case, as related to him that morning by Madge. He told it as Madge told him, he said, from the time she left home. He told how she was forced to drink something at the Stephenson house, taken to the Union Station, put in a Stateroom with Stephenson, who attacked her, biting and pummelling her after tearing her clothes; how she took poison at Hammond, Ind., and how the defendants refused her medical aid. smuggling her home. George Oberholtzer, the father, was next. He. told how Madge said to him on her death bed, when he asked why she didn’t cry for aid while being taken to the depot: “It was awful, Daddy. tVe stopped at the Washington Hotel, and Mr. Stephenson and Gentry sat on each side of me with a revolver at ray side, while Stephenson had someone call up Claude Worley, tp arrange about some protection during the trip.”

Have Y<ui Had Your Cold Yet? Sixty Per Cent of Popula tion Has ’Em Now, Says Morgan.

—“IER-CIIOO! Ker-chooi Sniff! Sniff! i__J That’s the most prevalent noise in Indianapolis these days according to Dr. Herman Morgan, city health board secretary. Sixty per cent of the population of the city have colds now, or have had them in the last three weeks, he say3. And if you haven’t had yours yet you’ve got it coming. Practically everyone has from one to three attacks, ranging from a mild cold to pneumonia, during the winter, says Morgan. But as folks become accustomed to the cooler weather the percentage of the total population decreases. Pneumonia Is more prevalent the last of February and during March, Morgan says. Here are his rules to avoid colds: Keep regular hours and get lots of sleep. Practice moderation in drinking and eating—excesses rob the body of its resistance to disease. Get plenty of exercise. Get good body elimination. Keep the feet warm and the head cool. Individuals living indoors should avoid too heavy undergarments, but put on heavy clothing when outdoors. Keep the home and office well ventilated—with lots of moisture in the atmosphere.

CITY BUS LINE IS AUTHORISED Street Railway Company to Have New Route. The public service commission today authorized the Indianapolis Street Railway Company to operate a bus line from Monument Circle, south in Meridian St. to Madison Ave., south in Madison to Southern Ave., and south on Southern to Palmer St., and east of Palmer St. to Na poleon St. The commission also authorized the Street Railway Company to extend its feeder bus service on W. Washington St., two blocks further west. Authorization of the operation of a bus line by the Indiana Service Corporation, from Angola to the In-diana-Mlchigan State line, was given. HE.MINC HAS NEW SKETCH Violet Heming has anew sketch in tho Kelth-Albee Theaters, where she is appearing under the direction of Lewis and Gordon. It is "Likes and Dislikes,” by Edmund Burke. Railway metals last longer In the sunshine than they do in the darkness of tunnels.

SLAUDE WORLEY MENTIONED IN MURDER TRIAL Stephenson Asked Him for Protection, Oberholtzer Tells Jury. CITES DEATH BED SCENE Dr. Kingsbury’s Testimony Is Admitted to Evidence. By Times Staff Correspondents CIRCUIT COURTROOM, NOBLESVILLE, Ind., Oct. SC.—That Claude M. Worley, special investigator for Marion Criminal Court and the Marion County prosecutor’s office, was asked to protect Stephen son and his aids On their trip to and from Hammond while Miss Oberholtzer was in their custody, was the testimony of George Oberholtzer, father of the dead girl, who Appeared on the stand late Thursday afternoon. Over the concerted objections of defense attorneys, Prosecutor William H. Remy succeeded in drawing from Oberholtzer a minute description of the conversations which took place between tfie broken father and his dying daughter. “I was trying to encourage her, but slic’d always say, ‘lt's no use, Daddy,’ ” Oberholtzer explained in distress. “I sat on the edge of the bed and she told me to hold her hand. ‘Oh, Daddy,’ she said, ‘that was the longest ride from Hammond to Indianapolis,’ ” Oberholtzer continued. “ ‘ “Shorty” called Claude Worley from the Washington Hotel and told him to fix it up to protect them on the trip at Stephenson’s direction,’ she told me. I asked her why she didn’t lump out and she said, ‘Why, Daddy, i had no show—Stephenson on one side of me and Gentry on the other, with guns in my sides threatening to shoot me through if I made an outcry.” Admission of the foregoing statements precipitated a group of objections from the defense, who contended that nothing more than a suicide had been shown. Judge Sparks explained his opinion that that was a matter for the jury to decide. Virtue Dear “Suppose her virtue were dearer to her than her life—thYn death would be her alternative,” Sparks declared. Floyd Christian, attorney for the defense, declared opposing attorneys ought to be allowed time to discuss this phase of the law with the court before proceeding further. “Oh. no. We’ll not lose any time now on arguments,” Sparks replied. Follows Doctor Oberholtzer had followed Dr. John Kingsbury on the stand. The State scoied an Important .point when Kingsbury was allowed, over strenuous objections by the defense, to describe the girl's wounds, and relate ihe story he said she told him of her trip to Hammond, Ind., with the three defendants, her return after taking poison, and how she was smuggled into her home after having been denied medical aid by them. Mrs. Oberholtzer. the girl's mother, and Mrs. Eunice Shultz, who lives at the Oberholtzer home, were State witnesses who preceded Kingsbury.

Doctor Unshaken On cross-examination Kingsbury was unshaken by Eph Inman, chief defense attorney, although the latter pointed out some minor discrepancies between his testimony today and his testimony at the bail hearing in June, and at the coroner's inquest last April. "I have told you the same thing in substance, if not in detail,” said Kingsbury, frankly, refusing to become confused. Mr. Oberiioltzcr’s testimony was to the effect that his daughter was a graduate of the Irvington common school, Manual Training High School, and Butler University, and that his daughter was a good girl. He further said that when she left home in response to telephone call Sunday night he was in bed with the “flu” and knew nothing of the affair until about an hour before she was carried into their horn® the next Tuesday. Then he and his wife were downtown to hunt her. Attorney Chrles E. Cox, who was questioning Oberholtzer for the State, asked: Received Telegram “Before you went to the Union Station was your attention called to a telegram?” “It was.” said the father. “From whom, had it come?" "We object," shouted the defense attorneys in unison. "The telegram in the best evidence." "Sustained," said Judge Sparks. During the testimony of the father, an intense argument arose as to whether he should lie allowed to testify to a conversation he had with Madge while she was on her death bed. After much parley. Judge Sparks allowed the conversation to go to the jury. “Whether a virtuous woman holds her virtue dearer than her life or her life dearer than her virtue if attacked by superior forces, and wheTfier those superior forces were hound to take that into consideration, is a matter for the Jury to decide, and therefore, lie may testify," ruled Judge Sparks. Kingsbury told his story in an easy, deliberate manner, speaking freely and loudly. He said that he was summoned by phone to the Overholtzer home, arriving there about 11:30, March 17. That lie went up stairs to Madge's home where she was on the bed. ‘‘Her face was pale, body cold, clothing disheveled. There were two or three lacerations on her left chest. On tier right cheek

‘Just Starting to Live’

Herman D. Williams, 83, founder and former publisher of the Des Moines, la.. Daily Capital, lias been married in Berkeley, Cal., (lie new Mrs. Williams being only two years his junior. Williams, whose son, Harry A. Williams, is president of t lie Pacific Coast Raseball League, says, “Why, we’ve just started to live.”

was an egg shaped bruise. I had been informed she had been injured hi an automobile accident. “We object” said the defense attorneys. “That's all right, go right on,” said Judge Sparks. “I'll ask you if there was anything said about dying,” said Prosecutor Remy. “The defense objects, Your Honor,” said Christian. "The corpus delicti of homicide has not been proven. THe conversation was outside the presence of the defendants. It is not shown that death was then impending. It has not been shown that she was then in extremis, or recognized she was about to die. Such conversation would not be part of the rea gestae of a homicide case. It has not been qualified as a dying declaration. It is incompetent, irrelevant, and does not tend to prove any charge in the indictment.” Christian paused for breath. "That all,” asked Judge Sparks, without batting aan ej'e. “Yes, Your Houor,” said Christian. “Overruled." “1 ask her how it happened, and she said: ‘When I get better I’ll tell you the whole tiling.’ I pressed her for an answer, not knowing her condition. She told me.” Defense Attorney Ira Holmes objected. “She said she'd get better,” he said. “Overruled,” said the judge. The physician continued. “She told me that Sunday evening previous, she learned there hail been two or three urged telephone calls for her to call the Stephenson home, hut she was inclined to let them go until morning. Her mother, she said, told her that it was urgent, and she then called the Stephenson home. Someone there told her it was necessary for her to come over ami that an escort would be provided for her.” Attorney Holmes again registered a futile objection. “Now, Tour Honor, we don’t want to be captious, but all this is incompetent. aand should not be allowed to go in the record.” Judge Overrules the circumstances is competent,” ruled Judge Sparks. Kingsbury continued with the girl's story. “She said as soon as she stepped in (he house she saw Mr. Stephenson. He was very drunk. He took hold of both her hands and she tried to pull away, saying she wished to go home. 6 “He said, ‘No, you’re going to stay here.' She look the telephone off the hook to call her mother, but it was perked from her hand. “She was taken to the kitchen, where Mr. Stephenson and some others were mixing some drinks. She was urged to take some ' of ' the' liquor, but she said no, she wanted none. She was forced to take two or three drinks, and pretty soon felt light-headed and had to sit down. A little later she was forced into a machine and driven ultimately to the Union Station, where she was taken into a Pullman car and into a compartment." Dr. Kingsbury then described the alleged attack on Miss Oberholtzer. “He bit her, chewed her, pummelled—that she didn't rcmcmbei ail (hat did happen. She told me they ultimately got to Iluiiimoml and were taken to a hotel. She was put in a room with Mr. Stephenson.” Kingsbury said the girl told him that some time that morning she obtained Stephenson’s pearl handled revolver, and contemplated shooting him as he slept, but refrained from so doing when she thought of the disgrace it would bring on the family. Then she tried to get up nerve to shoot herself, and while standing before a mirror with the gun, heard some one coming and put it away. Later Stephenson gave her SIS and she was takrn out to buy a hat. During the trip she purchased some bichloride of mercury tablets, and on returning to the hotel took six of them. “She said / that “Shorty,” Mr. Stephenson's chauffeur, discovered her after she had fainted. He said, 'My God!' and ran out, returning with Mr. Stephenson and another. Stephenson asked her why she had taken the poison, nnd she said she wanted to die, whereupon Stephenson rejoined that ‘She was a fool,’ and forced her to dring some milk. "He said 'You're going home’ and

they put her in the automobile. The bottle of milk and some glngerale was bought by Mr. Stephenson's orders. They tried to make her drink some milk, but she couldn’t. “She sail! she, vomited and screamed for a doctor at every town, and that they promised to get her a doctor in the next town, but never did. She told me she begged to be put out along I lie road in the hopes that someone I else would pick her up, but this | was refused. “She said that Mr. Stephenson and the other man in the back seat drank all the way to Indianapolis. That they reached the Stephenson home about 11 or 12 Monday night; that she was placed in the garage and kept there until D.:30 next morning, when she was taken home. The defense attorneys then moved to strike out the doctor's testimony, and Attorney Christian read a long ✓objection, including all the reasons they had previously stated and several others besides. “The death was not the proximate result of any act of the defendant,” said Christian, "All the parts prior to the taking of the poison is irrelevant incompetent, and not gerrnaine. She took the poison secretly in the absence of the defendant, and not with any connivance of any of the defendants. It is ot a dying declaration, it is hearsay evidence.” “Overruled with exceptions," said Judge Sparks. Goes Into Detail Dr. Kingsbury was asked to describe the physical condition in detail. "I found she had numerous bruised areas over her cheek, lacerations over her chest, a large bruise, as large as a dinner plate over ber right hip—her body was very cold and her pulse rapid. I washed her stomach. - H r urine showed a large quantity of albumen, evidence of acute kidney inflammation, “From the appearance of the bruisea and lacerations, would you say they might have been inflicted by human teeth? —IV hat's your opinion on that?” “Some of them were inflicted by teeth.” “Which in your opinion, were inflicted- by teeth?” "Those on the left breast and the right cheek.” "Did any of the wounds later be- : come infected?" "Yes.” “Which?" “The lacerations on the left breast and the right check.” "Was the infection one that might | have resulted from a bite?” Not Qualified Charging that Dr. Kingsbury was not qualified to answer this question, Christian objected for the de- ! sense. I i “Overruled. The man said he 'graduated from the Indiana Medical j College,” Judge Sparks, snapped back. Remy asked Dr. Kingsbury what he raid to Madge when lie arrived at the conclusion that she could not | live. “I to’il her that she had no I lixnre . - •: ovary, that she was I going to and that she had no 1 i-hanee i well. She sai l ‘That’s | all right, i ready to die.”' ' j Asked \ hat other doctor lie had called into conference on the <,ise, j Dr. Kingsbury named the following; Dj\ G. B. Jack-.an, Dr. .1 A. McDonald. Dr. John Wnrvel unit Dr. ;H. O. Mart. These physicians will Ibe used by the State as*- witnesses I later, it has been established. “What would have been the

Mr. E. C. Horn \ Says This: "I was afflicted with an ailment diagnosed as indigestion and acute stomach trouble. My stomach was weakened to such an extent that I could not retain food. I drank one case, and today after drinking the six gallons, my stomach trouble is over and I feel well again.” (Signed) E. C. HORN, Thrift Shoe Company. (Come In or Cull C|> for l-’urtlii-r Information—(l.rrle 1299) MoimiainValk 1 -Water from MOIJNTAIN VALI-KV SPHINUH. HOT SfIUNOH. ARK, r.vnusvr.le Indianapolis Terre Haute 913 MiiHKarhusettK A\e.

FRIDAY, OCT. 30, 1925

chance to prolong her life had she had medical attention, such as you gave her four or five hours after taking tho poison?” Remy asked. This question precipitated an objection by the defense which filled several pages of matter. The defense held the question called for an opinion and infringed on tho province of the jury. It was overruled. “Stale whether the delay caused by the automobile ride from Hammond to Indianapolis and the subsequent detention in the garage tended to lessen the chances of recovery or tended to shorten her life?” Christian entered another one of the defense's lengthy objections, and it went the way of its predecessors. "You may answer the question, doctor,” Judge Sparks said. “Most certainly it did,” Kingsbury said, with emphasis. Stk'ks to Story Despite the combined efforts of tho defense to confuse Mrs. Shultz in her testimony by referring to her testimony given during the bail hearing last June, Mrs. Shultz stuck closely to her original assertions. "What day did you see her brought home?" Inman asked. "Tuesday, March the seventeenth.” “Whnt time of day?” “About It o’clock." “Was there a clock in the house? "Yes, there was one in the kitchen anil besides I had the time wth me,” Mrs. Shultz said, displaying her wrist watch. The trial was Interrupted a few minutes at this point while Inman answered a long distance telephone cull. "Can you be more definite ns to the time?" Innmn asked upon his return." “It was after 11, I’m sure, about 11:15.” “You heard the door open?” Hoard Groaning “I heard the groaning mostly.” “In what part of the house were you?” “In the kitchen.” “You heard someone come into the house and carry Miss Oberhoitz- ! or upstairs?” “Yes.” “He told you she had been in an automobile accident?” “Y'es.” “Did you ask him if you should call a doctor?" “I suggested calling a doctor anad ho said: ‘Yes.’ “Do you recall what kind of a day it was?” “Moderate temperature.” “You didn’t see where lie went after he left the door?” "No.” “Do you recall testifying in the bail hearing last Juno that you saw tho man go toward the car?” “I might have said I saw him turn toward tho car.” "Was it a closed car or an open car?” Sure It Was Large “My impression is that was a closed car, dark and large, l am sure it was large.” Inman asked her if she had not told him last .June at the Doil hearing that ; he did not know whether it was a closed car or an open ear. "I still don’t know, but it is my impression t hat it was u dosed car.” "When did you last see this man, "Inman asked pointing to Klinck." "At tho bail hearing." "Did you see him or was lie pointed out to you. ’ “I saw him. "Isn't it a fact. Judge Cox pointed him out to you?” “No, lie asked me if 1 knew him." Inmil n used a series of wellphrased questions on Mrs. Shultz in an effort to trip her but tho attempt was fruitless. He turned to another lino of questions. “Do you know Asa Smith?” "I have known him sinee he began coming to the Oberholtzer I home.” I “Did you see Asa Smith around ; the Courthouse when the grand jury j was meeting?" | "No.-

COMEDY IS BOILED DOWN A condensed version of “Sally Iteiie and Mary," the musical play in which F.dle Dowling has been appearing for several seasons. Is being prepare l for Kelth-Albee vaudeville by Arthur Klein. Dowling, who is the author us well as the star of the original piece is making the condensation. There will he a cast "MIDNIGHT SI N," COMPLETED Dmitri Muchowetzki who will finish cutting and editing "The Midnight Sun." this week at Universal City, bought his tickets for New York. He win do the titling of this next Superjewel on the train coining East. Universal plans to release "The .Midnight sun.” us quickly as possible after his arrival In New York. COMPANY INBI RKS PLAYER Reginald Denny productions are la-corning such an asset in the motion picture business that Universal has taken out a half million dollar Insurance policy on Ills life. Denny is just starting "Skinner's Dress Suit,” Henry Irving Dodge’s famous Saturday Evening Post story.