The Indianapolis journal., 1902-02-28
The Courtroom Crowded by the Gu
rious to Hear what the At
tOrneys Had to Say.
STATEMENT BY JUDGE STUBS
HE WAS AsTOUNDED By SOME OF
THE EVIDENCE.
LOath to Believe that Such Things
Could Take Place in the
Twentieth Century.

4 ne arguments IN the cases OF the oAdle
of Indiana against William and Kate Mar
tineck. charged with cruelty treating Hazel
Orme of 1926 South West street. took four
hours yesterday afternoon, and the cases
are not yet finished. Judge Stubbs. after
giving some of his views. said he would
postpone his decision in the matter, and
he set no time al which ii would be an
nounced. He said there was considerable
quiet work being done in connection with
the case and there might be other develop
ments The remarks OF Judge Stubbs were
as follows:
This case is of far more serious import
than anything brought before in Police
Court, at least since l have been on the
bench.
so far as the mental condition Of the
child is concerned 1 am satisfied that she
has weak mentality. AS TO whether she
belongs to that class called feeble-minded
l am not prepared to say. But if she does
belong to that class it is no defense to be
put up by anyone who may be charged
with abusing her. Indeed. a feeble-minded
child needs more tender care than child
with robust mthtalty But. considering
her mental condition and the testimony OF
DR.. Fletcher, am impressed with the idea
lndI neE statements, HcI dSpOSitiOLs
be received with very little credence. am
inclined TO think the child scarcely knows
what has brought about her physical con-
dition. So far as the evidence Is concerned
the State has produced evidence OF whip
pings on the part of the defendants. Mrs.
Sipf and her husband were very specific
in their statements to what took place
under their observation. They said they
hours of the night There is the testimony
of Mr.. Alberts, who also heard the child
cry at unseemly hours of the night. There
was the testimony of the barkeeper who
saw this defendant, Mrs. Martineck, strike
the child. There was the man engaged in
drilling a we'll there. who testified to what
he saw in one day there. He saw Mrs
Martineck use considerable violence when
combing the child's hair There was the
testimony of the young girl who went there
10 take employment and worked one day
and left the premises because she could
not stand the incessant scolding the child
got. And there the testimony of Mrs.
Wood, the washerwOman, as TO the childs
condition and her conversation with Mrs
Martineck. advising her TO put the child to
bed, and Mrs Martineck's statement that
she was not able and the child was not her
own. / do not know whether or not she
meant she not financially able to have
Hazel Orme have a spell of sickness at
her house. or whether she meant she was
not able because when the child was put
to bed there would be trouble with her
There is all this evidence.
GIVEN GOOD CHARACTER.
Witnesses for the defense give these de-
fendants good character. Several testify
as to what took place in the house and
that the child was allowed to eat at the
table. Regarding the testimony of Bertha
Haas, | am not inclined to give her testi-
mony that the child was compelled to eat
after others and what was left much
weight. but 1 am inclined to give her evil
dence some weight as to Mrs. Martineck's
treatment of the girl, and that she could
not remain there to see the child incessant-
ly scolded. There is also considerable evil
dence by persons who were at the house
that the child was treated kindly at times.
Back of II all is the awful fact Of the
childs condition. the CHASTITY condition in
which she was returned TO her home. 1t
seems incredible that any human being
could be reduced from state of health
that this child was in to such a state as
she was in when taken home. One thing has
greatly impressed me. That is the testi-
mony regarding the Improvement in the
ckids condition since she got home. One
physician stated that this might be due
To the fact that she was getting proper
nourishment; and also that her weak and
emaciated condition might have been
brought about by lack of proper nourish-
I L IL
by the lack of nourishment 1t is readily
seen that her condition would be improved
by receiving proper care and nourishment.
There are some things in connection
with this case that are astounding. l can
hardly believe that in the beginning of this,
the twentieth century, in a country like
this. and in a city like Indianapolis that
there people who could far forget
their duty TO a little child and treat her
as cruelty as must have been done in this
case. 1t seems incredible that people could
become so careless as TO forget their duty,
their obligations TO helpless ones, little
children that appeal to the sympathy of
everyOne-especially to forget their duty to
a child that is perhaps feeble-minded. /
am slow 10 believe these defendants are
guilty to the extent that the State has
charged. L would rather believe that this
child's condition was brought about by
disease. The faireSt thing with which God
ever blessed this earth is a little child, and
to see one of these helpless babes abused,
mistreated. health broken and destroyed. is
terrible. L have felt strongly in this case. L
want TO deal justly with these people.
There is something here which l think
should be inquired into further have been
gwen 10 understand there Will be more
thorough investigation of this matter and
pc nding that / believe L will withhold any
definite conclusion
Judge Stubbs after court showed by his
manner and his speech that he was much
affected. He said the case had made him
heart-sick.
The attendance at the afternoon session
yesterday was about large as the even
ing previous. The spectators occupied al
most every seat.
The section of the statute under which
Mr. and Mrs. Martineck have been tried is
one that provides penalties of not less than
s. nor more than so and Imprisonment dis
cretionary with the judge Of not more
than thirty days. This is the provision
made by the law for ANY persons who
shall cruelty ill-treat. abuse. overwork or
infiiet unnecessary or cruel punishment