Indianapolis Times, Volume 37, Number 165, Indianapolis, Marion County, 11 November 1925 — Page 2

2

STATE BOLSTERS CASE WITH REBUTTAL

Witnesses Give Testimony Damaging to Klinck Alibi. (Contin tied From Page 1) versation, juAt give the substance/* said Judge WtU M. Sparks. “I can’t say- positively. I can’t give it word for word. I know the acknowledgement wa* sudh that I—’’ As Hill could not be persuaded to give the conversation, nr the substance of the conversation, and let the Jury be the judge of its import, the spectators never got to hear what was said, much to their evident disappointment. Eph Inman, chief defense, attorney, took this witness. “Mr. Hill* were you on every day and night constantly in the presence of Madge Oberholtaer.” “I was in communication with her or saw her sometime every day with few exceptions,” said the witness, facing around in his chair to glare at the defendants. “Yes, but when, you didn’t call her by phone, you (didn’t then know where she was?" “I had a pretty good, idea.” “But you didn’t know, did you?” insisted Inman. "Os course not,” the witness snapped. In Business With Steve “You say you are in the real estate business. Where do you operate?" asked Inman. At St. Petersburg, Fla.” “Weren’t you connected with Mr. Stephenson In an affair down there?” “Yes, but it was not an affair, Mr. Inman.” “What was It?” “It was in business.” “Now, I’ll ask you if it isn't a fact that you severed your connections with that business in February?” “I most assuredly did.” Demies Shortage “And is it not a fact that you are short S2OO in your account?” “I am not. I was not,” yelled the witness. “Do you remember the campaign of 1924?” “I do.” “Were you in Mr. Stephenson’s office then?” “Yes, it was not over two times. It was October, 1924.” “Is it not a fact, Mr. Witness, that you were in Mr. Stephenson’s office with Madge Oberholtzer in 1924?” “I was not! Never!” “I’ll ask you, weren't you in that office with Madge Oberholtzer discussing arrangements for the Governor’s inauguration.” Steve Whimpers Stetphenson whispered to Inman who asked: “I’ll ask you if you weren’t in room 1001 in the Severin Hotel with Madge Oberholtzer, 1924, during the campaign?”

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This the witness denied. “I’ll ask you Mr. Witness,” thundered Inman, “if you weren’t seen ina tlieater party which was given at Mr. Stephenson’s expense, with Mr. Stephenson and in Madge Oberiioltzer’s company after a drinking party at the Severin hold, in October, 1924?” “I was not. It is not true,” the witness replied, glaring at Inman. The witness was excused from the stand. Clerk Follows Orville Collins, receiving clerk at the Indiana State Farm, preceded Hill on the stand. He explained the details of the receipt of prisoners. “Now I hand you, Mr. Collins, State's exhibit No. 12,” said the youthibil prosecutor, who strutted u pand down before the jury with a triumphant expression on Ills face doting the quizzing of the State witnesses. “I’ll ask you if this is a page of the record you keep at the State Farm?” Thw witness, however, did not get to take the exhibit for two or three minutes as Defense attorney Christian insisted he should see it first. “I may want to make an objection, I don’t know though, Mr. Remy,” said Christian, scanning the exhibit carelessly, while he kept the prosecutor waiting with outstretched hand for quite a bit. “That’s my r ecord, and I made it out," said the witness when he finally got the page. “I hand you defendants’ exhibit number five and. ask you if you made that out?” Receipt Stwb Shown “Yes. I did.” “Defendant’s exhibit number five is the receipt for the four prisoners which deputy sheriffs testified for the defense was turned in at the Marion County jail by Klinck after taking the prisoners tothe Farm. The stub from which the receipt was tom showed the prisoners were delivered at 3 p. m. Defense witnesses said Klinck got back at 11:30 a. m. or about three hours earlier. The witness said he had, “no independent recollection” of receiving prisoners in question on St. Patrick’s day, but said “It is my writing, though.” It Is not thought that Remy will finish liis rebuttal today, as this morning he obtained twenty-five additional .subpoenaes from the county clerk. Pete Majors, colored, one of the prisoners whictfi the defepse alleges Klinck took t> the Indiana State Farm on the day the State alleges he carried Mis* Oberholtzer home, was the first witness this morning.

Prisoner Now "Are you at prgdient a prisoner on the Indiana Stale Farm?” asked Remy. “Yes.” “When did you s there?** “On March 17.” “Where did you gro from?" “The Marion County jail, in the sheriff’s Hudson.” “Who went with yc*u?” “Three prisoners, excusing myself, and a deputy sheriff. ” “Who was that deputy?” asked Remy slowly. “Koffel—Red Kofßell.” “Any one else?” “Yes, a trusty—ytm know, Mr. Remy, one of them prisoners what they trusty around the Jail.” - “When did you start?” “About 1 o’clock.” “When did you get there?’* “About 3 o’clock.” “Do you -know a deputy named Earl Klinck?" "No, sir.” Klinck, who generally pays little attention to the proceedings was watching the prisoner closely, as was Stephenson, the principal defendant. Stephenson appeared in court this morning wearing a haggard, weary look. “Did a man named Klinck go with you?” i , “No, sir.** “You may cross-examine,” said Remy. “When were you sentenced to the farm?v asked Defense Attorney Ira M. Holmes.

Hoodoo Friday "On March 13, on Friday," said the witness, showing a mouthful of white teeth in a broad smile. Spectators laughed. "Who drove the car?" asked Holmes. “Red drove it.” “Who guarded you?" "Didn’t need no guardin’. Was handcuffed on the back seat by both hands.” “What are you doing time for on the farm?” “Whisky. Violatin’ liquor law.” “Had you been arrested and convicted before?” "Yes sir, twice." “What for?” Whisky Again “Whisky.” , “Whoc first asked you about this trip?” ‘.‘One of the officers out at the penal farm yesterday. He asked me did I remember what deputy brought me out and I says yes.” “How tall was this deputy,” asked Holmes. “Well—” he gazed in vain about the courtroom for someone standing up. “Well, he’s lower than I am.” The witness said he was six foot, one and one-half inches tall. “Who brought you over here?” “Mr. Howard, the superintendent." “Who came over to the farm to see you?” “Two men, I don’t know who they were, last night.” , - Remy Acts Ttemy then took the witness. Remy proceeded to identify the two men who had gone to the farm. ‘‘This is Mr. Starks, chiep deputy prosecutor of Marion County, and Mh Sheaffer, grand jury deputy,” Ire said pointing to Judson Starks and William Sheaffer who were sitting with him. “Are these the two men who came over to see you?” “Yes, sir, that’s them,” said the witness, smiling in recognition. No Smoking Just as court convened. Judge Sparks issued a warning against smoking in the courtroom during recess, a practice that has been indulged In by newspaper men, defendants and attorneys. “I might say, gentlemen, let’s have no smoking In here during recess. The atmosphere gets so

foul lie awful. Please just step out to some side room. That applies to women as well as men,” he said gazing at his feminine audience. Thomas Tuggle, 18, colored, also a participant in the disputed ride to the Indiana State Farm on St. Patrick's day, next took the stand. He verified Majors’ story. "Do you know who took you?” asked Remy. "I don’t know who he was, but they called him Red. He had red hair and a red moustache." It was a more or less exact description of Deputy Koffell. Klinck Is a burly brunet, with slightly graying hair and is smooth-shaven. “How fast did you go?” High Speed “Around fifty or fifty-five miles an hour,” “When were you taken?” “Along in the afternoon.” Tuggle was also sentenced on Friday the 13th. Harry Meseall, 19, and Louis Brunner, 19, two white youths, who were sentenced for robbery and who were the other prisoners taken, also told the same stories. Brunner said they left the jail about 2 p. m. He said they traveled around thirty-five to forty miles an hour. Under a severe cross-examina-tion by Holmes, Brunner said they probably drove as fast as sixty miles an hour at times. “This was a Hudson car?” /Yes, sir,” “Was It driven from the right or left hand side?” Breathless Pause Brunner paused before answering the question, adding to the suspense In the courtroom. Finally he answered: “It was the left hand side.” Prosecutor Remy settled back in his chair with a smile of satisfaction. “Do you know Earl Klinck?” “No, sir.” “When did you learn you were going to be a witness?’’ Brunner answered "Monday," but later said the proposition was put up to him Tuesday uight, after he had gone to bed. "Who told you?” "One of the screws.” Brunner explained a screw was an assistant superintendent. Clerk Follows Orin D. Williams, mail clerk at the State Farm, followed. He recalled having received Tuggle, Brunner, Meseall and MajofiS on March 17. “The regular deputy from Marlon County—we call him Red —brought them,” Williams said. Remy, walking over to the defense table, pointed out Klinck and said, “I’ll ask you, Mr. Williams, if this is the man who brought the prisoners—the man with the black hair?” “I don’t recall him,” Williams replied. On cross-examination. Holmes asked Williams how many prisoners were received at the State Farm on March 17, and Williams answered “eight or nine.” Holmes handed Williams the State Farm’s receipt book and Williams could find receipt stubs for only six prisoners on that date. On re-direct examination, Remy said to Williams, “Now, Mr. Holmes hag asked you how many other prisoners were brought In that day—were any of those others from Marlon County?” Williams again examined the book, “No, sir.”

HUNDREDS HEAR PEACE TRIBUTE (Continued From Page 1) naire.?, and members of various county and State patriotic associations marched through the downtown district before the mass meeting. The parade was led by tho Eleventh Infantry and band. In honor of the war's dead Indianapolis citizens pause 1 for two minutes at 11 a. m. Mayor Shank asked this in a procalmation. The United Press, which furnishes The Times with telegraph news, was stopped for two minutes. The Junior Chamber cf Commerce held an Armistice day luncheon at noon. Solon J. Carter, former judge of tho Marion County Superior Court, spoke. Dr. Francis W. Shepardson, Chicago, was to speak this afternoon before the Caroline Scott Harrison Chapter of the Daughters of the American Revolution. The invocation was to bo given by Rev. Jean S. Milner, and Brig. Gen. Dwight E. Aultm&n will speak. Tribute in Schools Throughout the city public school children joined In paying tribute to tho dead. Several dances will be given this evening. Brig. Gen. Aultman and Mrs. Aultman will lead the grand march opening the dance which will be given by Hoosler post No. 624, Veterans of Foreign Wars, at Tomlinson Hall. The Indianapolis posts, American Legion, will give a dinner-dance at the Columbia Club. Ex-service men will attend an Armistice Day dance at the Naval Reserve Armory, 17 E. North St.

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THE INDIANAPOLIS TIMES

POLICE HOLD THREE SUSPECTS (Continued From Page 1) Ave., had given police the license number of the auto in which a man who beat her and seized her purse near her home escaped. He was in the auto, which police say was stolen from Herbert Pennell, 1920 N. New Jersey St.

Others .Arrested Clarence Miller, 19, colored. 1038 N. Senate Ave., Alphonse Walker, 19, colored, 134 W. Tenth St., were arrested with Davidson on vehicle taking charges. Each night, police say, Davidson said he used a stolen auto. Charges of -auto banditry are to be pressed against him. Police lay these other deeds to Davidson: Mrs. Dora Bartlett, 22, of 1409 W. Thirty-Fifth St., was brutally beaten and robbed as she walked home from work Tuesday night. ■ Mrs. May Stauber, 25, of 253 N. Randolph St., bit the robber’s fingers and got loose when he tried to force her into an automobile after taking her purse near 29 N. Randolph St. Tuesday. Miss Anna Avln, 20, of 823 N. Eastern Ave., screamed and the bandit fled in the 800 block on Eastern Ave. Monday. Police say Davidson accosted Mrs. F. I. McMlch, 50, of 56 N. Campbell Ave., Tuesday. I’urses Found Eight purses were found in Davidson’s possession, police charge. He was identified by Mrs. Plueger, Mrs. Bartlett, Mrs. Strauber, Miss Arvin and Mrs. Bessie Kellermeyer, 123 S. Arlington, accosted Sunday. Payne Is believed to be the bandit who terrorized residents of the north, northwest and east sections for more than a year. Habitual criminal charges, carrying life imprisonment, will be pushed. Payne was arrested early Sunday on a criminal attack charge and held on SIO,OOO bond. Officers say Payne served time In Ohio prison for robbery and at Michigan City for burglary. About twentyfive cases where a bandit terrorized persons were reported. Detectives Brickley and Finneran, Barnaby and Marren, Gaughan and Glenn, and Rugenstein and Landers grilled Payne for hours without obtaining a confession. Those who identified Payne were: Mrs. Geneva Herron, 1445 N. Holmes Ave.; Miss Lillian Green, 331 N. Alabama St.; John Marley, linden Hotel: Mr. and Mrs. George Gandolf, 1802 Exeter Ave.; Miss Edith Baker, and Mrs. Mable Webb, 1024 W. Eighteenth St. Bennie Peterson, 30, colored, 628 W. Tenth St., is held In city prison under $5,000 vagrancy bond while police investigate an. attempted attack on Miss Josephine Hamilton, 2829 N. Pennsylvania St., nurse at St. Vincent’s Hospital, at Twenty-Eighth and Meridian Sts., early Tuesday night. Lieut. Edward Helm and squad arrested Peterson at Fifteenth St., and Senate Ave. Miss Hamilton Is said to have identified him.

INJURED BY STREET CAR Woman Plunges Info Side While Standing in Safety Zone. Mrs. Lizzie McNlnery, 72, of 628 W. Court St., is in tho city hospital today suffering from injuries received when she was struck by a street car late Tuesday night. Witnesses said she was standing in the safety zone at California and Washington Sts., and the front end of the car passed when she suddenly plunged forward Into the side. Marlon Coren, 657 Division St., motorman, was technically charged with assault and battery. Makes Fat People Slim New York Physician Perfects Harmless Method of Reducing Weight The loss of as much as a pound of excess fat a day with no harmful results is the record made by many patients of Dr. R. Newman, a licensed practicing physician of 286 Fifth Ave., New York, who announces that he has perfected a treatment which has quickly rid fat people of excess weight. What is more remarkable Is the Doctor’s statement that he has successfully treated thousands of patients for fat reduction without change of diet or unnecessary exercise. It is also said that fat people who suffer from chronic rheumatism, gout, asthma and high blood pressure obtain great relief from the reduction of their superfluous flesh. Realizing that this sounds almost too good to be true, the Doctor has offered to send without charge to anyone who will write him, a free trial treatment to prove his claims, as well as his "Pay-when-reduced” plan. If you want to rid ycurself of superfluous fat, write him today, addressing Dr. R. Newman, 286 Fifth Ave., New York City, Dept. R-l.—Advertisement.

WANTS GAS STATION Property Owner Says She’ll Go to Court in Permit Fight. Fight for filing station permits for the southeast and southwest corners of Fall Creek and Delaware Sts., will be carried to court, Mrs. C. D. Spann one of those seeking a permit said today following denial of petitions by city plan commis. sion. The city appropriated part of the corner properties for approaches to

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the new bridge. The property holders agreed to donate twelve feet for widening Delaware St., If permits were issued. GERMAN REPLY IS MADE Note Delivered in Paris After Urgent Demand. Bu United Prc.in BERLIN, Nov. 11. —Germany’s reply to the latest allied disarmament Inquiries was delivered at Paris at midnight following an urgent tele-

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phone message from Ambassador Hoesch saying that unless there was immediate delivery evacuation of Cologne, desired by Germany, would not materialize.

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WEDNESDAY, NOV. 11,1025

(The allied note was In the nature of a final cleanup of the disarmament problem, calling attention of Germany to disarmament desires of the allies).

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