The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-03-28
DEFENSE PLAYS A CARD
CLAIM MADE THAT POLICE COURT
DOCKET WAS o SIGNED.
Attorneys of Mrs. Martineck File Mo-
ton That Is OverruIed-Oth-
er Court Cases.

The case Of Kate Martineck. charged
with cruelty 10 Hazel Orme. went 10 the
jury at $50 O'Clock yesterday evening. The
attorneys on both sides were allowed one
hour and fifteen minutes for argument.
Deputy Prosecutor Benedict opened the ar
gument for the State. He recited the testi-
mony against Mrs. Martineck and appealed
TO the jurors from the standpoint OF hu-
manity, regardless Of the rebuttal testi-
mony tending TO show that the emaciated
condition of the girl was due TO causes
other than starvation. He said the fact
remained that the child had been cruelty
treated. The fact that he girl was dull,
he said. was all the more reason why she
should have been treated kindly. He said
that no punishment could be too severe for
any one that would strike an afflicted child.
o. b. orion followed Benedict for the de-
Tense. He traced the girls condition down
TO a sore on her ankle. which, he said, had
caused the diseased condition of the body.
y. W. Harding followed orion for the de-
tense and Prosecutor John c. Ruckelshaus
closed for the State.
The afternoon session Of the court began
with character witnesses in behalf of Mrs.
Martineck. They testified as TO her reputa-
nun - HEdLE anu N4AtAs lit 4 MA
tineck was placed on the stand and denied
all of the allegations made against her.
She said Hazel was attacked with a cold
about Christmas time, which resulted in
her wasted physical condition.
In the forenoon John Williams testified
that he had taken about twenty-fOur meals
at the Martineck home. and that Hazel was
allowed to eat with the family. Benjamin
Huskler, father Of Mr.. Martineck, testified
that Hazers duty was to wash the dishes
and take care of Mrs. Martineck's baby.
He said he had never seen Mrs. Martineck
whip her.
Thomas Cook, an inferno at the City Dis
pensary. who was called TO see Hazel at the
Martineck home, said ne found her in an
emaciated condition. He said the girl made
few answers to his questions and that the
Martinecks did most OF the talking.
Or. W. b. Fletcher testified that hi ex-
amined the girl and found indications of
consumptio.. He said in his opinion the
girl suffered from malnutrifion, possibly,
but not probably, due to lack OF food.
William Martineck, husband OF Mrs Mar
tineck. who is also under a similar charge
and will be tried. later. testified that he
had never heard Hazel crying in the back
yard at night. He also denied that she was
not given the same to eat as the family.
DIR. Dorsey, attending physician at the
Eleanor Hospital. said that part Of Hazefs
treatment consisted of three square meals
a day. He said she has a remarkable appe-
tite and assimilates her food.
Just before the argumen was reached a
question was raised by the attorneys for
the defense as 10 the jurisdiction OF the
court. They contended that there had been
no judgment entered against Mrs. Marti-
neck because the Police Court docket had
not been signed by The Judge, and hence
there was no appeal. Judge Afford over
ruled the motion in order that he case
might proceed.