Indianapolis Times, Volume 37, Number 158, Indianapolis, Marion County, 3 November 1925 — Page 8

8

INMAN GRILLS DOCTOR ON MURDER THEORY

Thrust Made at Previous Testimony Given by Dr. Kingsbury. (Continued. From Pape 1) such a case were true, would have on her chances of recovery. The question took about fifteen minutes to ask. “We object,” said Floyd J. Christian, defense attorney, "It was admitted by Madge Oberholtzer that she was given one of the prescribed antidotes, milk.” Judge Will M. Sparks overruled the objection, and the doctor answered with one word: “Adversely.” In response to other questions the doctor said: “In my opinion, death was caused by toxic nephritis (inflammation of the kidneys) due to mercuric chloride ingestion, with a terminal or super-added infection.” “What do you mean by terminal infection?” “Bichloride poisoning is a chemical poisoning v*4iieh is removable," replied the doctor, “In addition there was pus nephritis of the kidney.” The Question The hypothetical question was as follows: “Suppose a young woman of 28, in j ugged health, who had had a slight attack of flu two weeks before, had I been enticed from home, entrapped | In a house, drugggied with drink, or ’ some drug such as chloral hydrate, or something of that sort, and abducted forcibly in an automobile, taken to the drawing room of a steel Pullman coach, confined there, was so sick that she vomited severely; that she, was thrown in a flower berth, one or both men attacked her; that one of them at least chewed her face, tongue .... that at times she did not know w r hat happened; “That she was, taken to Hammond, taken from the train in a weak, struggling condition to a hotel room, put in a bed . . . that a littie later she arose, found herself in a condition in which she wantedto die, in great mental and physical distress; that she swallowed six bichloride of mercury tablets.” “That she became extremely ill, vomited repeatedly; that five or six hours later she was given milk, part of which she drank, but continued to vimit; was given no medical attention then, or until twenty-four hours later; was taken in an automobile and driven 180 miles to Irvington suffering great pain and intense agony during that trip. “That she begged help of some sort, that they stop to give her attention—which was unheeded; that she was returned to Indianapolis, taken from the car, to the loft of a garage, confined there until 11 o’clock or later the next day before she had medical attention; that she was taken from the garage, carried to her home, upstairs to her room, and laid in her bed, and that medical help was then called; that she was at once given medical attention, and nursing, such as it is generally recognized; that such methods were continued for the recognized and approved length of time. “That at this time and many days following there was no secretion from the kidneys; that her blood was tested and found to contain much poison which the kidneys would not eliminate; that the doctors gave up hope and said she would die; that she remained in this condition about two weeks. “Now, suppose after this, one of the lacerations became infected, a blood transfusion was given, that on or about the twenty-fifth day she became worse, and there was death at the end of the twentyninth day. “Now, on this hypothesis, what, in vour opinion, would be the cause of :hat young woman's death?” Defense Objects Christian, leaped to his feet with a stock objection to “each sentence, clause, word, and paragraph, for the reason that the facts on which this assumption was made have not been proved, etc. That there was “no evidence that she took or was given chloral hydrate— no evidence that a man put her in bed or got in bed with her. That all the questions of counsel have been in the nature of an argument. That it would call on the witness to make a conclusion on

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the conclusions of other doctors with whom he was not in contact. Judge Sparks overruled the objec tion, with the exception that he or dered all reference to the chloral hydrate struck out as there has been no testimony concerning that. “Toxic nephritis due to chloride ingestion, with a terminal or super-added infection,” was Dr. MacDonald’s answer to the hypothetical question. Dr. Moon took the stand shortly after court opened for cross-ex-amination by Inman on testimony given late Monday. • “What was the immediate cause of Madge Oberholtzer’s death?” asked Inman. “In my opinion, the immediate cause was inflammation carried into the blood stream, localizing in the left lung and in the kidneys,” replied the medical expert. “That was the immediate cause. There were other and contributary causes.” Dr. Moon testified Monday afternoon that persons taking bichloride of mercury generally died between the fifth arid twelfth days as a result of the poison destroying the kidneys. If the patient lived longer than twelve or fourteen days, he said, the effect of the poison began to wear off and the chances of recovery grew steadily better the longer the patient lived. The record case of death from such poison occurred twenty-five days after taking it, he testified, and all persons who live longer than twenty-five days had got well. He said that inasmuch as Madge had lived twenty-nine days he thought it was very probable her death >vas caused by something else than the poison. Performed Autopsy Dr. Moon, who performed an autopsy on Madge’s body, also testified that his aut</’sy showed she had an abscess on the left lung, diseased heart and liver muscles and other inflammation resulting from baccilli introduced through some infected wound. Miss Beatrice Spratley, Madge’s nurse, testified that one of the lacerations on Madge’s left breast became infected. “After she had lived twentyfive days, your opinion is that she would have recovered if complications had not set in?” asked Inman. “Yes.” “Do you think the complications set in before the twenty-fifth day, or after?” Set in Before ) "I believe they set in before.” “How long after she took poison?” “They were present, seven to ten days before her death,” said Dr. Moon. “Why do you orbitrarily fix twenty-five days as the limit for death after taking bichloride of mercury?” “I did not fix twenty-five days. That was the longest case on record.” “You mean the longest case reported?” “Yes.” Inman suggested there might have been exceptions not reported, but the expert replied that exceptions are reported rather than common cases. “Framing” Charged Inman then sternly accused Dr. Moon of “framing” his testimony with State’s attorneys. “Was not that hypothetical question read to you before you took the stand Monday?” “There was no hypothetical question read to me before I took the stand.” replied Moon, who admitted, however, that he had been consulted by State’s attorneys on the subject of bichloride of mercury poisoning, and that he wav prepared to answer any question on that subject. The crowd which jammed the courtroom took great interest in an experiment in which Inman had the doctor dissolve a bichloride of mercury tablet in a glass of water to show how quickly it would disappear. “That’s not our drinking glass you are using is it,” inquired Judge Will M. Sparks, “if it is you can throw it away afterwards.” The tablets took two minutes and ten seconds to dissolve. Inman accusing the doctor of not shaking the glass hard enough to get good action. The glass was rather full and Dr. Moon was careful not to spill any drops as he shook it gently, whereupon Inman took it

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from him, poured about a third of the water in a spitoon and demanded more vigorous action, with which the doctor complied. The tablets then rapidly disappeared, while the jurors watched interestedly. “It took just a few seconds now, didn't it, doctor?” said Inman, triumphantly. “I think the jury is supposed to be the judge of how long it took,” replied the doctor. Ilad Flu Inman then asked Moon what the effect of influenza would be on the lungs and drew from him that the fact that Madge had had the flu some three weeks before might have caused the abscess. “What is the effect of flu on the lungs, doctor?” “Well, it would produce a rather profuse interstitial inflammation of the lungs.” “It might produce pneumonia?” “Yes.” “Abeess?” “Very seldom.” “Sometimes?” “Yes.” Dr. Moon said that milk or the white of eggs are the best things that can be given in case of such poisoning, to be followed by evacuation of the stomach. He insisted they are not an antidote in a technical sense, but serve to delay the action until the poison can be removed. State’s testimony shows that Stephenson forced Madge to drink a bottle of milk as soon as he found she had taken poison. Dr. Moon was grilled by the defense in an effort to discount the professional standing of Dr. John K. Kingsbury, Madge’s attending physician, and to weaken the legal status of her dying statement. "Does Influenza affect the kidneys?” Inman asked Dr. Moon. “Not directly?” “Indirectly?” “Yes.” “Flu will also affect the liver?” “Yes.” e “Does it affect the heart?” “Yes.” Inman and Dr. Moon buried themselves in a maze of sesquipedalian medical terms, which no one but the doctor understood. The howl of a baby broke the stillness of the room and Judge Sparks remarked, “I like children awfully well, but when they cry, they should be taken from the room. I think that last term the doctor used must have frightened the child.” A hearty laugh ensued. “If you disolve mercuric chloride in water in sufficient concentration and apply it to the flesh, mercuric poisoning will result, will it not?” Inman asked Dr. Moon. “Yes, If sufficiently concentrated.” “Then, if the mercury Is taken internally, and is sufficiently concentrated, if it is vomited, it will burn the flesh where it falls, will it not?” “The momentary’ application would not be sufficient to produce lesions, I believe.” Attacks Kingsbury At this point, Inman fixed himself to make a thrust at Dr. Kingsbury’s professional standing for the purpose of stultfying Madge Oberholtzer’s dying statement. Inman drew from Dr. Moon an admission that the process of repair in her kidneys probably had begun about March 28, eleven days after she took the deadly poison, and the exact date on which she signed the dying declaration. “You would not expect, then, that her doctor on March 28, would advise her that all hope of life was gone?” Inman asked Dr. Moon. “I can’t tell you that. I was not her clinician. I was called into the case after her death. 1 think you’re taking too many conclusions from my answers." “I’ll ask you if it isn’t a fact that Dr. Kingsbury maintained from the noon hour on March 17, until the time of her death that recovery was beyond all hope.” State Objects Judge Sparks sustained a fierce objection from the State. Inman then procured Dr. Moon’s testimony at the bail hearing last June as his next weapon. Inman read him a series of questions and answers put to Dr. Moon at that time, which in their bald language somewhat conflicted with his direct testimony Monday. Dr. Moon confirmed each and every answer he made at the bail hearing and made an effort to qualify the discrepancies but the defense smothered him out with technical objections. “Now you testified before the coroner, too, did y’ou not?” Inman asked. “I did not,” Dr. Mon replied lacnically. Inman looked surprised. “Oh, you just made a report to him?” “That’s it.” New Attack Inman then shifted to anew line of attack.

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“You expect to be paid for appearing as a witness, l suppose. Doctor?” Inman said. “Yes, I hope to be paid.” “How much?” “The same amount that 1 would receive in practice.” “How much, how much?” Inman shouted. “I susually receive 8100 a day for expert testimony,” Dr. Moon replied modestly. Ilis answer disturbed the slumbers of several spectators. “And didn’t I ask you how much you would want for testifying in the bail hearing as a defense witness?” Inman continued. "Yes.” “And didn't you say SIOO a day?” “Yes." “And I paid you the SIOO, did I not?” *!Yes.” “That’s all.” Inman announced in satisfaction. State Agitated Inman's last few questions agitated the State and on three direct examinations Charles E. Cox, assisting in the prosecution, asked Dr. Moon: “What is the fact as to whether you demanded or were offered any fee for appearing as medical expert for the State of Indiana?” “I neither asker nor was offered a fee for api>earing as a State witness. 1 performed the autopsy at the direction of CorMoon explained. By using the word "autopsy” Dr. Moon got himself into a tangle—he had to explain it to the jury. Turning to the purely physical aspect of the case, Cox asked Dr Moon, concerning the wounds on Miss Oberholtzer’s chest, and whether or not they could have been caused by the mercury solution which might have been vomited. “Such wounds as I discovered on the chest could not have been caused by mercuric chloride,” Dr. Moon declared. Shortly afterward he was excused. CLEW TO IDENTITY Plum Tree Victim May Have Been Toledo Man.

Bu United Press EVANSVILLE. Ind.. Nov. 3.—Belief that the victim of the “plum tree murder” here Sunday night is tobert Dakensk.v of Toledo. Ohio, was expressed today, following a partiul identification established through telegrams from Dakensky’s relatives in Toledo. Relatives are en route to view the body, which was found late Sunday night in a farm yard nyar here, hanged to a plum tree by a necktie. Police believe robbery was the motive for the slaying. TWO DRIVERS SLATED Motorists Arrested by Police as Result of Accidents. Herbert Walters. 346 W. TwentyNinth St., and Francis Ruffins, 951 S. Alabama St„ auto drivers were slated at the city prison Monday night on charges of assault and battery. Police say Walters’ auto struck a truck on which Frank Thayer, 1123 E. Pratt St., and Robert Wilson, 2221 E. Forty-Fourth St., and Elmer Ash, 705 N. Holmes Ave., were riding. All were injured. Ruffins’ auto struck Virgil Bennett, 2823 W. Michigan St., a mall carrier, it was said. Bennett was taken home. $500,000 DAMAGE SUIT Chicago Oil Operator Brings Action in Federal Court. Florence B. Robinson, Chicago oil operator, has filed suit in Federal Court seeking $500,1)00 damages from Mrs. Belle E. Bllsh, John L. Blish and Meedy S. Bllsh, all of Seymour, and Clara B. Swain, Anna G. Wadman, Anna P. Paganborn, Mary Zollinger, Florence A. Harney and Helen S. Harney, no addresses given. The plaintiff alleges that the defendants in the present case received $17,100 from her in receivership proceedings of another Chicago Oil Company, with which she says she was not connected. She asserts that loss of this money caused her to lose valuable oil leases in Texas. GROUND BREAKING HELD Bishop Leete Officiates at Methodist Church Ceremonies. Bishop Frederick D. Leete turned the first spadeful of dirt at groundbreaking ceremonies for the new Methodist Church at Fifty-First St. and Central Ave., Monday. Dr. Harry A. King, district superintendent and the Rev. J. B. Mahaffey, pastor, participated. The building will be the first unit and will cost about $12,000.

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ALL’S QUIET AT VOTING PLACES (Continued From Page 1) activities at 1406 Columbia Ave., the polling place for the Twelfth precinct, First ward. Deputies on Duty Three deputy prosecutors were on duty at the prosecutor's office In the courthouse. Prosecutor William H. Remy announced several days ago that his office would be really to investigate all complaints of election law violations. Among those at Circuit Court was Kin Hubbard, 120 N. Emerson Av*., humorist and newspaper man, who lives in the Seventeenth precinct, Ninth ward. Hubbard said he registered through a notary public in the National City Bank Bldg. His name was not on the books at the polling place, however. Both Hub--bard and his wife were given mandates to vote. Another person who appealed to Judge Chamberlin was Robert I Todd, president iof the Indianapolis Street Railway Company. The of a confectionery store on the south side said he had registered, and yet his name was not on the books. He said he could not get in to the court. “I might as well go back to the old country, where at least I can vote,” he commented, over the telephone.

Women Challenged Many women were among those challenged at the polls. The majority of them had filled out applications brought to their Tiomes by party workers. In some instances the husband and wife had registered together In this manner, and the hus band’s name was on the polling book, while the wife's name was not entered. Judge Chamberlin advised all persons that next time they register in person, and not trust the procedure to a party worker. Many of those at court said they had registered with the city clerk and had lost the duplicate issued to them. In the First precinct. Fourth ward, it was said that the lever operating ■ the Democratic candidates’ names did not register the vote. The case was investigated. School Race Difficulties Some difficulty was encountered by workers for the different school board candidates, also. Henry L. Dithmer, chairman of the citizens’ school committee, said a man who asserted he was a policeman attempted to stop distribution of slates backed by the committee. He said the man stopped E. R. Kane, a volunteer distributor at Eighteenth St. and Highland PI. and told him if he would stop passing out the slates he would not be arrested. The impersonator said his name w’as Christian. There is no such officer on the police force. Kane gave up his literature, according to Dithmer. W. L. Atkinson, another volunteer school committeeman w’orker, reported to Dithmer that persons in automobiles follow’ed the distributors of the clothespin slates, and gathered them up after they had been thrown on lawns and porches. Patrolmen Carter, Hardy and Jones, who made the arrest, charged Howard with assault and battery and Intimidating a voter. According to Howard, a Mrs. Williams, who had been working on the Democratic side in the campaign, came to the polls adorned with a Duvall badge. He said he removed this badge, and placed a Myers button on her. The arrest followed. Howard’s $l5O bond was signed by Frank Baker, Democratic member of the board of election commissioners. Howard was custodian at city hall until a short time ago when he lost his position, after switching to the Democratic ranks. He attempted to lead the city hall workers into the Myers fold. TO BUILD TENSION LINE Work on Indianapolis-Onoinnati Project to Start. Bu United Pres* CONNERSVILLE, Ind., Nov. 3. Wor kon the new 66,000 volt high tension line of the Interstate Public Service Company, between this city and Newcastle, will be started this week. The line, which will be constructed at a cost of SIOO,OOO will complete a high tension line between Cincinnati and Indianapolis. It will be the’ only line connecting the two cities. Construction work will be completed some time In February, It was announced by R. C. Rockefeller, district manager of the company. 1

HOWARD BECOMES CHIEF : Succeeds Samuel Folton as President of C. & G. W. Railroad. Bu United Press CHICAGO, Nov. 3.—Daniel L. Howard, 40. today became president of the Chicago & Great Western Itailroad. He Is the country’s youngest railroad president. Howard succeeded Samuel Felton, who retired to devote his time to other duties. He remains as chairman of the board of the road. Howard served with the Burlington road before and after the war. i He saw war service with the ThirI tpenth Engineers and won the title i of Ueutenant-Colonel. PARENTS’ DAY AT TECHNICAL Mothers and Fathers Invited to Visit School. Technical High School will hold its first Parents’ day Friday, Principal Milo H. Stuart announced today. The June senior class Is sponsoring the day, which it is hoped will ; become an annual affair, j Parents will register on the ! campus at 1 p. m. Then lunch will be served in the Tech cafeteria, Following the luncheon, the visitors will be conducted through the buildings and campus, A football game between Technical and the South Side High School of Ft. Wayne, is scheduled for 2:30 p. m. Special musical numbers will be presented i by the Girls’ Glee Club and Tech band. Parents of the members of the ! football team will occupy special 1 bleachers, and the players’ "dads" ! are to wear large numerals on their backs w’hich will correspond to those worn by their sons.

BOAT DRIFTS IN; THREE MISSING i Fate of ‘Bunny’s’ Occupants 1 Is Unknown. Bu United Press WILMINGTON. Del.. Nov. 3.—A telegram from Georgetown. S. C., received this afternoon, stated that the motorboat Bunny was found drifting off the coast, burned to the water’s edge. It Is not known what happened to the three occupants of the boat. The three on board were William G Taylor, Secretary of State and firmer mayor of Wilmington; Edward R. Pusey, wealthy coal merchant, and a third man, name unknown. 3 COPS MAKE ARREST State Police Charge Driver With Speed and Drunkenness. George Geisendorf, 22, of 1344 S. Belmont Ave., was arrested Mon-' day night by State Policemen Bridges, Romlne and Hoyt, and charged with speeding and driving while Intoxicated. Frank Kinzey, 26, of 1726 W. Morris St., and J. H. Simmons, 29, of 1137 River Ave., are charged with speeding. J. L. Cox, 24, of 2526 N. Olney St., is held on charges of assault and battery and driving without lights and title. Herbert Walls, 25, of 346 W. Twenty-Ninth St., is held on charges of assault and battery and failure to give right of way. Herbert Rader, 24, of Beech Grove, and Eugene Fogarty, 23, of 1716 N. Meridian St., are held on charges of .violating traffic officers signal. WE HAVE absolute confidence in SHAPLEY’S Original STOMACH MEDICINE Try A Bottle Today. If It does not help you we will cheerfully refund your money. HOOK’S DEPENDABLE DRUG STOREB AND ALL GOOD DRUG STORES.

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Four Children in One Year Bu United Press MANITOWOC, Wis., Nov. 3. —Four youngsters have been born to Mrs. Henry Maas of the town of Maple Grove, near here, within the past year. The first child was born Nov. 12, 1924. Yesterday Mrs. Maas gave birth to triplets, two girls and a boy. The girls weighed 4‘4 pounds and 4% pounds while the boy tipped the scales at 6 pounds.

BOND IS GIVEN I BY PROMINENT INDICTED MEN Shattered Political Prestige Follows U. S. Jury’s Action Here. Bii United Press ST. LOUIS. Mo., Nov. 3.—Shattered political prestige followed today in the wake of announcement of indictments voted by a United States grand jury at Indianapolis, Saturday, in connection with the famous Jack Daniels whiskey “milking” graft. Some of the most prominent of St. Louis politicians were included in the list of thirty-nine. Included in this list is Arnold J. Helmich, inspector of internal revenue for the eastern district of Missouri and member of an old St. Louis family. Helmich's resignation did not reach the President yesterday, untU after he bad been suspended pending outcome of the case. . Other St. Louis politicians to figure In the scandal indictments include Fred Essen, long a power in St. Louis County Republican affairs; Nat Goldstein, a Republican powerin thecity: State Senator Michael Kinney, Michael Whalen, a prominent Democrat, and Tony FoI ley, known as the dean of St. Louis ' gamblers. Helmich, Essen, Goldstein and Kinney Have already furnished bond. Eighteen other St. Louisians are included In the list and warrants were to be issued for their arrests today if they do not voluntarily surrender to the indictments. ‘COUPLE NIGHT’ FRIDAY Red Cross Corps to Give Demonstration at Clubs. The Women's Red Cross Life Saving Corps, will give an exhibition of life saving Friday at “couple night” which is being held each Friday night at the Indianapolis Athletic Club swimming pool. The programs consist of various swimming instruction features. Couple night will bo observed throughout the winter at the club.

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BODIES OF GIRL, BABY EXHUMED; VERDICT HELO^ Autopsy Conducted in Effort to Strengthen Case Against Doctor. Bu Times Special KENDALLVILLE, Ind., Nov. 3. —Working quietly und without even consulting Coroner L. F. Frurlp and other local authorities, officials of Rockville, Md., came into Kendallville yesterday, exhumed the body of Mary Devoe, 30, daughter of ,Mr. and Mrs. W. It. Devoe, well-to-do farmers near here, held a postmortem and returned east with vital organs of the dead girl. Miss Devoe died Oct. 22. in a private sanatarlum at Rockville, under mysterious circumstances and was burled here a week ago today. The autopsy was conducted by Drs. Bird. F. J. Buschat, W. T. Pratt and Sheriff Clay Plummer of Rockville. A brother, Forrest Devoe. was present to identify the body os that of his sister. Coroner Frurip is much wrought up over the procedure in the hy Maryland officials and ts mokinjfl a thorough investigation into th* legal status of the eastern officials' action. The autopsy was held In an effort to strengthen the State’s rase at Rockville against Dr. Henry M. Dixon of Washington, D. C., who is charged with manslaughter and is at liberty under $5,000 bonds. T>r. Dixon is charged with performing an operation upon Miss Devoe. The death certificate pronounced dentil due to natural causes. Miss Devoe had been engaged nt private nursing in Washington for the past three years. She was graduated from the Kendallvllle high school in 1914. and attended Indiana University two years. She then completed a three-year nurses’ training course at the Robert Long Hospital, Indianapolis. FINDING SECRET Doctors Refuse to Talk Except Before Grand Jury. Ft” Times Special WASHINGTON. Nov. 3—Three doctors who performed an autopsy on the bodies of Mary Devoe and her premature baby at Kendallvllle refused to make public their findings on their return here today. They will talk only before the grand jury they said when the nlleged manslaughter case against Dr. Henry Marshal Dixon of Washington, is laid before it Nov. 9. Maynard and Elmer T. Devoe, brothers, are hcrcA insisting charges ho filed against tffil man supposed to bo the father of their sister's child.

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