The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1902-12-03
DEFENSE SCORES A POINT
TRIAL OF DR.. j. c. ALEXANDER
CONTINUED UNTIL DEC. Ii.
Special Judge Bailey Granted Re-
quest in Spirit of Fairness-DeIay
Fought by Prosecution.

The trial of DIR. Joseph c. Alexander on
two indictments of three counts each,
charging him with taking, concealing and
buying a human corpse for dissection pur-
poses, and on one affidavit of nformatio
filed by the prosecuting attorney charg-
ing him with three counts similar TO the
other indictments, but with one additional
count, charging a violation of Sections
$500 and 5621 of the Revised Statutes, was
continued yesterday in the Criminal Court
by Special Judge John NJ. Bailey until Dec.
Is. The special venire of fifty men from
drawn was discharged and a new venire
will be drawn. TIL fifty names Of the
first venire were known to the attorneys
for both defense and prosecution and their
choice of jurors nearly made.
The application for a continuance was
made by the attorneys for DR.. Alexander,
who insisted that they should be allowed
time in which to prepare a defense on the
additional count charged in the affidavit of
information. Attorney Martin Hugg and
others argued for the continuance and in
sisted that the two sections presume the
guilt of the custodian of a human body
that is illegally out of its grave, and that
TO refute this time was necessary TO de-
fend their client. 1t was also stated that
there may be some ground for a contention
over those two sections of the statutes on
the ground that they are unconstitutional
and in order to look into the law on this
a delay should be made in the case.
PROTEST MADE.
Prosecutor Ruckelshaus and William L.
Brown, special attorney employed to as
sist in the prosecution of DR.. Alexander,
argued with the court against a continu-
ance of the case. They pointed out that
DR.. Alexander has already been given much
time to prepare his defense and that no
testimony will have to be secured to de-
fend the additional count. The case will
be tried with the same witnesses, they
minated, and there is no need of the de-
Tense insisting on a continuance on the
ground of time needed to establish a de-
Tense of this additional accusation. The
law. they argued, is explicit and the only
testimony which can be introduced in sup
port of the defense that DR.. Alexander was
not responsible for the presence of the
body of Rose Neidlinger in the cellar of the
Central College of Physicians and Surgeons,
is that he was not in authority there.
The argument of the attorneys was spirit
ed, and on several occasions asides from
the attorneys to each other indicated the
keen fight that is to be made over the case.
In one instance, one of DR.. Alexander
attorneys suggested to William T.. Brown
tense too seriously and was presuming
entirely too much on his belief of what
the defense would be.
SPIRIT OF FAIRNESS.
Special Judge job M. Bailey after hear
ing the argument granted the continuance.
He said he did not believe it necessary, and
that he thought the trial Of the case could
be commenced Immediately, but that in a
spirit of fairness he would grant the con-
tinuance. The date on which the trial will
be resumed was another point of discussion.
The defense insisted on Jan. / and the
prosecution on Dec. 10. Judge Bailey set
Dec. s, but the haste with which the de-
Tense agreed to the date of the prosecution
Dec. 15) caused him to change his date
and set Ii for the 18th.
When the trial is resumed it will prob
ably last two weeks or throughout the holi.
days. The lawyers in the case think the
trial will be prolonged until January. as
several days Will be needed to select a Jury,
much testimony will be heard and several
on either side will occupy much
of two weeks time.