Indianapolis Times, Volume 37, Number 160, Indianapolis, Marion County, 5 November 1925 — Page 11

’mUBiSDAY, BOV. 5,1^25

STEPHENSON OPENS FIGHT (Continued From Page 1) “I didn’t say anything about water,” si ad Cox, exasperated. ‘‘Well, the action would be slowP er than if In solution," said the witness. The wanderings of the alimentary canal were the ndescribed for Attorney Cox. Discusses Flu “Since the war, many persons have thought they had the influenza when they only had the grippe,” said the witness when questioned about the influenza Miss Oberholtzer had before her momentous trip. “If you had known that the subject of Mr. Inman’s hypothetical question had been bitten from her cheeks to her ankles, and not merely bnilsed would that have affected your answer?” Cox asked. “I’d have to have more information than you’ve given to change my mind,” retorted the witness. "Are you absolutely sure?” asked Cox, emphasizing the "absolutely.” Reasonably Sure “Yes, I’m reasonably sure,” replied the doctor emphasizing “reasonably.” “But you told me you were absolutely sure.” With this exchange between the two. Dr. Smiley was excused, it being almost noon, Judge Sparks acceded to the defense request to be allowed to gather their witnesses and recess until 1 p. m. Defendants Serious k The three defendants sat at their surrounded by their attorneys, with as serious expressions on their faces as they have yet shown. The motions, asking th eacquittal of the defendants were presented by Christian on the opening of court. They were filed in behalf of each of the trio. The motion, in behalf of Stephenson, the principal in the ease, was “for the judge to issue peremptory instructions to the jury to return a verdict for the defendant on the indictment and each separate count thereof.” The motions in behalf of Klinck and Gentry were phrased similarly. In denying the motion, Judge Sparks said: “Gentlemen, in regard to these motions, I want to be entirely courteous in the matter, but I’ll say frankly, gentlemen, that I am not going to hear arguments on these motions. Has Own Opinion “I have my opinion about these matters, and so have you, but I'm not going to sustain these motions.” Interrupting him, Christian said, “But, Your Honor, I think there are some legal points in this case that have not been presented." “Arguments at this time would

merely attack th© validity of th© indictment or points In it,” Judge Sparks continued. “I’m willing to take the risk of making the error. Os ootiise, gentlemen, I know w© ail make mistakes. I have my own notion about it. That I should have those notions, of course, is not wrong. “Gentlemen, I don’t care to hear any arguments on these motions.” In reply to Christian’s suggestion that nmybe the court did not know all the points of law, and ought to hear arguments, Judge Sparks said: “I am not so sure about that. We all have access to the same books.” Up to Jury Judge Sparks also commented on the fact that the case has been one of long duration, “through no fault of the defense or anyone else, and I do not want to take what may seem hasty action or action that disregards the defendants’ rights, but, frankly, this is a case for the jury to decide.” Following denial of the defense’s motions for acquittal, Inman asked permission for a brief delay, pending arrival of Ira M. Holmes, another defense attorney. Holmes was twelve minutes late. Immediately on his arrival, the defendants, and their entire group of,their attorneys, went Into conference, where they remained for about twenty minutes. On resumption of court, the defense announced that it would waive its opening statement, thus perpetuating the mystery that surrounds the case. Record Crowd At 9:30 sharp, before the largest crowd that has occupied the courtroom in the early hours of the morning, Inman rose and announced to the court: “Your Honor, the defense waives its opening statement.” “All right,” replied the judge. Inman called to the stand as the first defense witness Dr. Smiley. Dr. Smiley qualified himself as an expert witness on the subject of mercurial poisoning, declaring that he had treated approximately 100 cases. He said he had been practicing since 1908. See Suicide Theory That the first defense witness was a physician, was regarded as a verification of the belief that the defense will base all hopes on the theory the young woman actually committed suicide. Dr. Smiley said he had lived In Indianapolis twelve and half years, that he was a graduate of Western Reserve University, Cleveland, Ohio, that he did surgery. “Have you had experience with patients who had taken a poison known as bichloride of mercury?” “Yes, I have. In the last six months I have had thi’ee cases.” “Are there different ways mercuric poison may be taken into the human system?” “Yes. By breathing or through

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the month and other body openings,” said the doctor, enumerating them. Dr. Smiley said he was acquainted with the two sizes of mercury tablets, the larger one containing seven and three-tenths grains. The Fatal Dose “What is a fatal dose?” “From three grains up, depending on circumstances.” Inman then began to develop his theory that Matlge dissolved the six bichloride of mercury tablets in a glass of water and swallowed the solution, instead of taking the dry tablets, as she said in her dy ing statement. “Now, Doctor, suppose six tablets of this size, seven and three-tenths each, were dissolved In a glass of water, and* the solution drank into the stomach, would absorption take place faster than If they were taken in solid form?” “Yes, somewhat.” Empty Stomach "As to the rapidity with which the system takes up the poison, would that depend on whether the stomach had food In It or was empty?” “Yes, very much.” The huge crowd made no sound, expectingly awaiting developments of the defense. “Suppose no solid food were ir. the Btomach, but the stomach was empty, and that six of these tablets or forty-five grains, disolved in water, were dropped into the stomach, what would be the effect on absorption?” Action at Once “It would start at once. It would start spasmodic action of the walls of the stomach.” “Suppose that the patient hadn’t taken any solid food for twelve or fifteen hours, and that at 9 a. m. drank one cup of coffee, would her stomach then be empty one hour after drinking the coffee?” 1 “Ordinarily, yes sir, In a normal stomach.” Inman began at this point to lay the foundations for his contexttiom that the sores or inflamed conditions on Madge’s lips, tongue, the inside of her mouth and other body openings, was caused by action of the poison. “If the poison solution came In contact with the tongue would It affect the tongue?” “Yes.” “The throat?” “Yes.” “The stomach?” “Yes.” Dr. Smiley said that hospital attaches sometimes get mercurial poisoning from washing their hands in a inereurial antiseptic solution prior to performang operations. lie said the infections on the breast and body of Madge eould have been caused by vomiting the mercury. He further said that Madge’s poisoned condition

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could have resluited from use of mercury as a prophylactic. Hypothetical Question Inman put to Dr. Smiley a hypothetical question which required more than half an hour to deliver, twice as long as the famous one asked by Attorney Charles E. Cox of the State. The question in brief: “A young woman about 28, in good health, has the flu. and apparently recovers. On an empty stomach about 10 a. m. she dissolves six tablets of bichloride of mercury in a glass of water, swallowing the solution. She is alone in her room. She Secretly takes this poison and for six hours at least, keeps the fact an absolute secret. She soon becomes 111, vomits. There is blood in the vomit, and she faints and knows nothing that goes on. She lies in a bed, gets up, goes around the room, vomits in the cuspidor, and neither she nor anyone else knows exactly what happened. “A person comes into her presence and observes that there is something wrong with her, and asks her what is the matter. She assures herself lie ran keep a secret, and then tells him that she has taken bichloride of meicury and warns him not to mention the fact to a certain other person. Shortly afterwards, tliat other person learns what she lias done, and tells her she is a fool.. A bottle of milk is procured which she is forced to drink. She vomits it. “After she becomes unable to take more milk she Is put into an automobile and taken from Hammond to Indianapolis, about 180 miles. The patient Is put to bed, and about noon the following day she is taken to her home in an automobile, carried upstairs and placed in her bed and a doctor Is called. Poisoning Discovered ‘Symptoihn of mercurial poisoning are discovered and treatment is begun. Various recognized treatments are resorted to, hut intense nephritis develops. There is almost complete supresslon of the urine. “There are some discolorations on the body, one or two abrasions on the chest, a few bruises on the lower part of the body and the tongue is Inflamed. “She begins to improve, but trouble re-manifests itself. The patient reaches a stage of marked anemia and a blood transfusion is resorted to April 3. After the transfusion, she becomes momentarily worse. She reaches a semicomatose condition, her mind becomes fogged; then she reaches a condition of profound comatose, and dies. “An autopsy shows there was no For Colds, Grip or Influcnxa and a Preventive, take Laxative BRO.MO QUININE Tablets A Safe und Proven Remedy. The box bears the signature of E. W. Grove. SOc,— Advertisement.

abcess in or about the kidneys, but portions of the liver and kidneys show the presence of mercury." Inman then asked the witness what his opinion was as to the cause of her death. 'Bichloride of mercury,” the doctor replied. Inman then phrased anew hypothesis, in which he included many of the points the State had emphasized In its hypothetical question. He asked the witness to assume tlie patient was thrown into the lower berth of a Pullman drawing room, attacked and beaten, ami that a revolver was, used to force her into submission. Inman included the alleged statement of the girl, “Oh dear! Put that gun away. I am afraid of it,” over which bitter controversy has arisen as to just how she empluisized the “Oil, dear.” “Would those things change your opinion as to what caused her death?” Inman asked. “No, sir,” the doctor said, repeating his opinion that bichloride of mercury poisoning caused her death. Previously Inman had drawn from Dr. Smiley the statement that the use of powerful mercurial solutions, or undissolved tablets of the drug, particularly the latter, as a prophylactic often results In death. Thnt preceded Inman's hypothetical question. Inman also drew from the doctor that a case of influenza, even when recovery Is apparent, may suddenly assert itself disastrously in the patient’s vital organs. Evidence is already before the jury that Miss Oberholtzer had just recovered from the inflenza. Defense Surprised Remy rested his case Wednesday with such abruptness the defense camp was thrown Into confusion. Inman leaped to his feet as Remy said. “The State rests, Your Honor." “Wait! Wait!” called the defense leader. “Before the State closes, we wish to renew our request that some of the State witnesses be recalled from Hammond for further cross-examination.” “I am ruling the defense had their chance at the time the witnesses were on the stand, as I said then,” said Judge Sparks. Judge Sparks, however, said that he would summon the day clerk of the Indiana hotel, where the party put up. Reporter Threatened Stephenson, who has been unusually serious for the last few days, suffered a case of nerves as court adjourned, and threatened to “smack” a newspaper reporter, whom he claimed had Insulted him. Klinck, his co-defendant, took part In the argument with the remark: "Let me hit him, Steve.” No blows were struck. The defense held a long conference In the courtroom after court.

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