Indianapolis Times, Volume 37, Number 158, Indianapolis, Marion County, 2 November 1925 — Page 2

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STEPHENSON SCORES POINT (Continued From Page 1) well, I'm Mr. Butler, Mr. Stephenson’s secretary. Is there anything I can do for you?’ I said, ‘No, I don’t think so.’ Then Mr. Lansing, another detective, spoke up and said, ‘As a matter of fact, you’re Mr. Stephenson, aren’t you?’ ” ‘‘What happened then?” More objections were overruled by fudge Sparks at this juncture. ‘He said, ‘Yes, I’m Mr. Stephenson, what’s the racket?’ I said, ‘I have a warrant for you.’ He said ‘Read it,’ and I said ‘Do you want me to read it?’ He said ‘Yes.’ I read it. Then he said ‘I can call a bondsman, can’t I?’ and I said ‘I suppose so.’ Then he said - ‘l’m armed. I am an officer, and have a right to carry this gun,’ and lie took out a forty-five revolver and laid it on the table. “He said ‘Why didn’t you call me up, If you wanted me? I’d have come down, and —” "We object,” shouted Christian starting to get up. Objection Halted Inman plucked Attorney Christian’s coat tails, and pulled him back In to 'his chair, at the same time whispering to Christian to “let him go on." “Cos, on, Mr. McMurtrle, go on, I beg your pardon," said Christian. McMurtrle continued: “He said ‘You came very near missing me. I was getting ready to go to New York.’ ” “Did you tell him at that time what you were arresting him for?” xsked Remy. “We object,” cried Christian. "It Is not shown he was arresting him an a, murder charge.” Judge Sparks overruled him and McMurtrle said: “I told him I had warrants for assault and battery kidnaping and conspiracy to commit a felony.” “Did you name the person about whom the warrants were drawn?” “Well, I read the warrant to him. It had her name In it.” This was ordered stricken from the record as improper for the ears of the jury. “By whom wore the warrants signed?” asked Prosecutor Remy. “I told him they were signed by George Oberholtzer.” DECORATOR NOW ENJOYS HEALTH tiiii&s lilir Samuel L. Martin Samuel L. Martin, 7 13V2 Main St., Evansville, well-known painter and decorator, says, “Os course I look younger. I feel younger, thanks to Tanlac, but two years ago I was all run down. "I was weak all the time, because I had no appetite and what I did eat gave me no energy. The only thing I got from food was indigestion, bloating and much constipation. I’d get up tired In the morning. It was discouraging. “One day a friend said, ‘Your trouble is sick digestive organs. Your food is not digested; it causes bloating, heartburn- and headaches. Tanlac is a tonic for sick digestive organs. Take Tanlac and you’ll help your digestive organs give you health.’ “I took his advice and now Tanlac has given me a healthy body. I sleep fine. Eat everything. I have much more strength. Even ceiling decorating does not tire me.” Over 40,000,000 bottles have been sold. Endorsed by many Indiana people and millions elsewhere. Get Tanlac today at your druggist’s. Tanlac Vegetable Pills for constipation, made and recommended ‘by the manufacturers of Tanlac.—Advertisement.

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At this point noon rece3s was called. Through a series of questions by Prosecutor Remy this is the story Miss Spratley told: “I was called to the Oberholtzer home on March 17. On reaching the Oberholtzer home, I called Dr. John K. Kingsbury, to tell him that I had arrived and then went upstairs to see the patient. “She was lying on the bed, was unclothed, in a state of collapse and very dirty. After the doctor arrived, we washed the patient and examined her. “Her right cheek was bruised, a big deep bruise, peculiar, and parts of her body. “Describe the peculiarity,” Remy suggested. “I don’t know how—they were green and black and blue —they had a sort of pinched look—the one on the cheek." "Describe the one on the upper part of the thigh.” Miss Spratley was obliged to refer to her nurse’s record to refresh her memory. In the meantime Remy asked her to locate the bruise. “The left hip was very deeply bruised." Record Introduced Remy then obtained her nurse’s record of the case and Introduce it as State’s exhibit four. He then returned it to her and she told of the progressive gain in Miss Oberholtzer’s temperature from a reading of slightly above normal when she first was summoned to a fever of several degrees above 100 in the last few days. Mrs. Spratley testified that Madge’s temperature was 100.8 at 10 a. m. April 14. ‘‘No more then,’’ she said, holding up her papers. 1 “I believe Miss Oberholtzer died then," said Remy. “She died five minutes after that.” Remy then drew from the nurse the details of the hopeless fight out up by the family to save their /'daughter. She described all the medical maneuvers of Dr. Kingsbury and five other specialists who were called In. "The bruises which you testified about—state to the jury whether any of them were still visible at the time of death.” Some Clear Up "One portion of the body was still deeply bruised,” said the nurse. The bruises on the legs were still visible. And those on the lower abdomen were still slightly visible. The others had ’cleared up,’ ” she said. “State if any of the lacerations became infected,” “The one on the left breast.” Some time had to be taken out while the court reporter and defense attorneys got the spelling a medical term Miss Spratley used frequently. “We kept up a continuous alkaline proctoclysis,” she said. This turned out to be a method of Introducing an alkaline solution in an effort to combat the bichloride of mercury. "Cross-examine," said Remy. Cross-Examination . “What do you call this chart?” asked Inman. “Bedside notes," said the nurse. Inman and the English woman got into a discussion on what the temperature of a normal person Is. "Miss Spratley. what is the tem--1 erature of a normal person?" he asked, ‘‘Well, in England they say 98 pofm four. That’s the way I learned it in England. That’s just my English way.” “You don’t follow the American system of using tenths?” asked Inman. “Well, it makes no difference; its only a matter of expression." Inman then carefully Inquired into the matter of infection mentioned, evidently suspecting an effort to hook up his clients more closely with murder, “You say the Infection was superficial? Not serious?” “It was superficial; I don’t know how serious." Recalls Bail Hearing “Do you recall testifying at the bail hearing that it was only superficial?" "If I did It’s so,” said the nurse. "Just what is this alkaline protoclysis?” “It’s an alkaline powder from the drug store In water.” Inman and the nurse then indulged in a few polite personalities. “Come from Milwaukee, I believe, Miss Spratley?” “No, I came from St. Paul, where I am registered. "I just came here for a holiday, to see my brother. I took a few cases, and was called on this case, and I stayed to finish it.” '"You like Indianapolis?” asked Inman. "Oh yes, I like >t very much, thank you," rep j|g| plied Miss Sprat Spratley Is a Brither accent on sevher. Miss SpratMiss Spratley ley lives at 2408 Kenwood Ave. Attorney Inman then got out his copy of the bail record again. “Now to refresh your memory, I’ll ask you if you didn’t say then, that you got to the house at 11:30?” “Oh, no, I left my house, at 11:30. I know, I was looking at my watch when the taxi started.” Inman then read from the bail hearing testimony. ‘‘Does that refresh your recollection?” “Well, I didn’t know I’d forgotten anything,” said the nurse. “I remember the doctor told me I had ‘stepped on it’ and I didn’t know what lie meant." The crowd ! laughed. Inman then fixed the time of the You will friar vel at the array of deliciously prepared foods at White i Cafeteria **On the Circle ** l As always odd penny l prices.

blood transfusion, In which Marshall Oberholtzer gave his sister some of his blood, as April 3, at ten minutes after two. The temperature just before the blood transfusion was normal, the nurse said. The defense contends that Madge had hopes of recovery when she submitted to the blood transfusion and therefore the dying statement Is not a bona-fide dying statement under the law. “Did you remain with the patient day and night, or did you have a substitute?" Inman asked the nurse. No Substitute “I had no substitute, hut Mrs. Oberholtzer, and her son assisted me." “And she died at 10:05 a, m. on the fourteenth?” “Yes.” “How many days was she normal?” “I want to know just what you mean by normal, do yon refer to her temperature or what. I want to know just what you mean before I answer your question,” Miss Spratley replied with a toss of her head. "No, I don’t mean her temperature, I mean her —’’ "Well, she was rational —in that sense normal.” Inman then obtained the chart and the defendants and their counsel hovered over the document, and made a thorough inspection. After they had made a few notations, Inman resumed the interrogation. Gave Morphine “Now, at 9:30 a. m., March 28, did you give her morphine?" "Yes." "How many grains?” “One-fourth grain.” “Then answer as to the exact times thereafter tlie morphine was administered and as to the quantity used each time. What other drug or narcotic did you give Iter in addition to the morphine." "No other narcotics.” “What other sedatives?" “None others.” “Didn’t you give her phenacetlne?” “Well, if you would call that a sedative.” “Well, whatever you call it.” “But the phenactine was to send her to sleep.” “Were you present at the blood transfusion?” ' “I was asleep.” That Stephenson telephoned the Hole! Washington at Indianapolis and ordered tickets for the stateroom on the Pullman car on Sunday night, March 15, in which Miss Oberholtzer is said to have been taken to Hammond, was the testimony of Culbertson, the night clerk. The testimony was admitted only over vigorous protest of defense attorneys, who asserted Culbertson did not testify he recognized Stephenson's voice. Judge Sparks admitted the evidence on the ground it was corroborative of the dying statement. Culbertson was unable to call many of the details ofthe call for Pullman reservations and the subsequent delivery of the tickets to the person who called for them. He said the drawing room reservation was made for D. C, Stephenson, but he could not say who obtained the tickets. Culbertson’s brief testimony was interspersed by numeorus objections from the defense, and pfeclpftated one of the daily clashes between Ralph ICane of the State and Christian of the defense. Inman, regarded Culbertson’s testimony as so trivial, that he declined to cross-examine the witness. An overflowing crowd, containing many people from Indianapolis, was present at the opening of the fourth week of the trial. Overrules Motion Judge Sparks started proceedings by overruling a defense motion to stop admission of evidence, discharge the Jury, and start all over again, based on the contention he commented on evidence Saturday afternoon. He ordered the jury brought in and the trial to go on. The motion was presented by Floyd J. Christian, defense attorney, and alleged the judge made prejudicial and unwarranted remarks during the testimony of Levi Thomas, colored pullman porter, Saturday afternoon. The reason assigned was as follows: “The defendants move to stop

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THE INDIANAPOLIS TIMES

the submission of evidence and dismiss the jury on account of the prejudicial remarks and the action of the court while the witness was testifying, in that the court construed and stated in the presence of the jury the meaning of the word, ‘Oh, dear,’ in the answer of the witness wherein lie (the court) stated: ‘Here is the proposition: She said ‘Oh, dear, put tlie gun up.’ Siie might not have meant to address it to him. She might have addressed it with fear.* That is not fair. Gentlemen, you can argue that before the jury- I don’t know.” The Judge’s comment was made when Thomas testified Just at the close of court Saturday, that Madge said to Stephenson, In the Pullman stateroom: “Oh, dear, put the gun up, I am afraid of it.” Second Reason The second reason assigned was that the judge had invaded the province of the Jury and Infringed the rights of the defendants to have the Jury determine £ne construction to be placed upon answers of the witnesses without comment from the Judge. Another reason was as follows. "That the court has heretofore publicly announced from the bench it was not the duty of the court, to resolve any reasonable doubt in favor of the defendants.” An additional reason was a contention that the Judge has no Jurisdiction to hear and try the case as a special Judge. The announcement referred to evidently was one made Friday by Judge Sparks In which he said, while the Jury was not in the room, that there were many new points of law In this case never before brought up and he was not obliged to decide all of the doubtful ones in favor of the defendants. Meanwhile observers believed that Stephenson may base his case largely on the narrow thread of evidence contained In the testimony ot Thomas. After Thomas, on cross-examina-tion, had told Inman what the girl said after he left the stateroom, Inman Immediately seized on the "Oh dear” part of the statement as an outcry of endearment. “Did you hear her rail him, 'O daddy’?” Inman asked. The State objected and Judge Sparks sustained the objection, declaring It might have been an exclamation of fright. The defense Immediately retaliated with the charge that Judge Sparks' remarks was prejudicial and Invasive of the Jury’s province. Prosecutor Remy declared Judge Sparks was right In his action. “The Judge did exactly right In catching the defense up on their assumption Stephenson called her anything," he said. “It would have been error if he had not. “By Inman's clever question: ‘Did he call her anything else?’ the defense themselves were seeking to prejudice the minds of the jury.” Observers, wise in the technique of the trials, say they doubt if the defense will place any witnesses on the stand. It is thought probable they will rely on croes-ques-tionfng of State’s witnesses and final arguments to develop the sui-

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Rites Will Be Held for Young Bride A bride of less than a year, Mrs. Homer Smith, 17, of 127 N. Dickerson St., the victim of an auto accident, will he buried at Greenfield, Ind., Tuesday morning. j f { iH wPfill thrown from tho 1 automobile when 1 BJPHI another car suddenly appeared Mrs. Smith from a side road. She Buffered a fractured skull and died at the Indiana Christian Hospital without regaining consciousness. clde theory In the minds of the jurors, who are the sole judges of the law and the evidence both, in Indiana. Judge Sparks, however, will submit instructions suggesting what the law la. An appeal to the Supreme Court la thought certain, in case of con victlon. Another thing which makes It unlikely Stephenson will take the stand in his own defense Is that It would subject him to a short range fire cf questioning by Presocutor Remy on his former connections with Republican officials and the Klan. Expect Motion A motion to take the csss from the Jury, that Is to Issue peremtory Instructions to the Jury to find the defendant not guilty on the grounds the State has failed to make a case under the law. Is expected to bs filed Immediately following the announcement by Prosecutor: "The State rests, £our Honor.” Thirteen days were spent getting a Jury. Actual taking of evidence started Thursday. Mr. and Mrs. Oberholtzer; Mrs. Eunioe Shultz, a roomer at the home; Dr. John K. Kingsbury, family doctor; Asa J. Smith and Griffith B. Dean, family attorneys; Miss Ermina Moore, Madge's friend; the Pullman crew and employes of the Indiana Hotel at Hammond have been on the stand, corroborating the death statement, which went In evidence Saturday. pouci capture”boy House Breaking Report Investigated By Officers. When police investigated reports that the home of A. Healy, 616 Lincoln St., had been broken Into Lieutenant Olaffey two blocks away captured a 13-year-old boy who ad mltted that he was the person whom Mrs. Jeff Knauer, 618 Lincoln St., had seen enter the Healy home. He was sent to the Detention Home

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BETTING EVEN AS RACE ENDS (Continued From Page 1) of the vote expected may delay determination of the winner until late Tuesday night, It is thought. ' Members of the "Protestant Clubs,” faction of the Republican organization are expected to circulate “clothes-pin" slates tonight. These slates will bear instructions to vote for Duvall and the ticket as well as the Klan slate of school board candidates. The tie-up is permanent. It appears. Opposed to the is a "citizens’ committee” ticket. Many voters are expected to ignore both slates and vote a nonpartisan ticket for the school board race In conformity with th? original purpose to take the school administration out of politics. The voter may choose six councilman of one party and three of the other, If he desires. Headquarters of the two parties are Industrious today. Final instructions were delivered to precinct workers, arrangements were perfected to haul voters to the polls In automobiles and to maintain strict watch for floaters and illegal voters. The count of the registered voters in 172,000. However, many are expected to absent themselves from th polls. In 1921 the total vote for mayor was 100,405 on a registration of 143,000. The election board will permit no

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