The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-02
The Prosecution II Confident that 1t
Will BE Able to Make Its
Case.
MANY INTERESTED SPECTATORS
PROSECUTOR MOVES NOLLE PROSE-
QUI OF AN INDICTMENT.
Burden Of Proof Placed ON the De.
fense-COnfessiOn Made by
George w. Mason.

When DR.. Joseph G. Alexander was
brought into the Criminal Court room
yesterday morning to be tried on three
indictments of three counts each for TAX
ing, concealing and buying human corpses
the courtroom was crowded with attor-
neys, physicians, medical students and in
terested spectators of the proceedings.
The fifty men impaneled to make up the
jury of twelve men which is to try the
case before Special Judge John NJ. Bailey,
appointed by Judge Afford when he sus-
tanned the motion for a change of venue
filed by the defense, were present. but were
not needed during the day.
Shortly after the court called to
order Prosecutor Ruckelshaus moved a
nolle prosequi of the indictment charging
the theft, concealment and purchase Of
the body of Rose Neidlinger after 1t had
been taken from it's grave in the Pleasant
Hill Cemetery, New Agusta, Ind. on
Sept. 25. The motion was sustained by
Acting Judge Bailey, who granted a con-
tinuance until this morning on the motion
of an attorney for the defense. This mo-
ton was not contested by the attorneys
for the State, who were assisted by w.
T. Brown, employed by many citizens who
lcoting of the graves of friends and rela-
tives. The indictment nollied was then in
troduced to the court on an affidavit of
information containing one additional
count The reason for the nolle prosequi
of one of the indictments is that accord
ing to Section 174S a county prosecutor
is permitted to introduce an affidavit of
information into Criminal Court for the
trial of a person Immediately providing
the grand jury is not in session.
REASON FOR CHANGE.
This change in the prosecution was made
on the suggestion of one of the attorneys
who unearthed two sections of the law
passed in 1899 regulating the dissection of
bodies by medical colleges. The sections
are $500 and 5621 of the Revised Statutes
and read:
$500 Any person who shall dissect or
have in his possession for the purpose of
dissecting, any human body, or any part
thereof, other than such as are or may
be given by law TO such uses, shall be
deemed guilty of felony, and upon con-
vicrion thereof. shall be imprisoned in the
state prison for not less than two years
nor more than five years.
''5621. When any such body shall be re-
ceived or found in any building or rooms
of any such school or college, or incor-
porated medical association, ii shall for
the purpose of this act, or any prosecu-
ton Hereunder. be deemed and taken to
sons who, under the rules practice of
such school or college or Incorporated med
ical association have the supervision of
the dissecting room and the instruction
given therein, unless the contrary be made
TO appear"
There has never been a prosecution on
these sections in Indiana The severe pen
atty provided adds TO the belief that Alex
ander will be convicted and the law makes
IL necessary for the State to only prove
that the body is in the possession of a
medical college without the consent or per
mission of the nearest of kin. This can be
done in the Neidlinger case, Prosecutor
Ruckelshaus says, and when the testimony
Is introduced that the body of Rose Neid-
linger was found in the Central College
of Physicians and Surgeons, and that the
relatives of the dead woman had not sold
IL or given il TO the college, the prosecution
OF this new count of the affidavit of in
formation will be completed.
BURDEN OF PROOF ON DEFENSE.
The burden Of proof on this count will
be on the defense. II 1t shall be admitted
that Alexander is the demonstrator of
anatomy at the college il will be charged
that he knowingly permitted a stolen body
70 be kept in the institution and knew thar
the body had not been legitimately obtained
or the consent of the relatives obtained
Further than this the prosecution will not
need any additional evidence.
The two other indictments against DR.
Alexander were not nollied. These are iden-
ticai with the first with the exception OF