The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-07

tween the lawyers prevented the answer.
Finally the witness said that after death
the physician gave the return to the un-
dertaker. who generally brought IL In ana
was issued burial permit by the Board
OF Health.
An explanation of the laws regulating
the issuance of such permits was discussed
by the lawyers, showing several different
interpretations of the statutes. The argu-
ment also gave Henry Span an emporium
ity to get in several cleverly worded IN
situations to the jury. Prosecutor Ruck-
elshaus also took the chance to remind
the jury of several statements made by
witnesses. The objections of the defense
on all questions which could be deter
mined by a study of the statutes were sus-
tanned by Judge Bailey.
Green said he never had an introduction
to Alexander, but knew him and recognized
him when he came into the Health Board
Office. The defense succeeded, by numer-
GUS objections, i'm keeping away from the
jury the fact that DIR. Alexander looked
for returns of deaths of residents at places
outside of Marion county.
DIR. j. F. Barnhill. whose office is in the
Newton Claypool building, said he was pro-
feSsor of diseases of the ear at the Central
College of Physicians and Surgeons, is
quainted with DR.. Alexander He was
asked if he had knowledge of the cata-
Joseph G. Alexander to be demonstration Of
anatomy and anatomical director of the
school. This question started the chief le-
gal question of the trial, viz, whether.
i
show to the jury that Alexander legally
was responsible for the presence of anatom-
zeal subjects for dissection in the colleges
and from that secure theoretically an ac-
acknowledgement of guilt to the fourth count
of the Indictment The fourth count is
based on an. old statute, which provides
penalty for the custody of a stolen body.
it being intended that report of all sub
| jects on hand be submitted to the proper
authority.
ARGUMENT FOR DEFENSE
Martin Hugg, attorney for the defense,
opened the argument for the defense.
Charles Benedict and William T. Brown
argued for the State. Judge Bailey finally
sustained the objections. A series of ques-
tons calculated to bring out the fact were
overruled and much time was consumed
| by Deputy Prosecutor Benedict In adroit
questions, which were objected to by the
defense. The witness was finally excused,
but was recalled and compelled to bring
the records of the colleges into court.
w. A Rushton, embalmer, in his testi-
| mony, said he worked for Flanner & Bu-
| chanan. He said some time in the first
part of October he went to the morgue and
| found the body of Wallace johnson. He
| said he recognized the body by an individ-
ual process used in embalming. IL en-
balmed the body some time in the first of
Ebenezer Cemetery by Flanner & Buchan-
an He was excused as a witness without
| cross-examination.
| Frank II. Duncan, policeman, said he
was partner of Patrolman Losh in Oc-
tober. and that he had found four bodies,
| two OF them in a goods box, one sitting on
| top, the other inside, and two in the rear
of the college at South and Pennsylvania
streets standing against the wall. 1--WE
sent them in the ambulance to the city
morgue,' he said The witness was ex-
| cused and his partner was not called to
| testify.
Mr.. Spaan moved that all Of that testi-
mony be stricken out of the record. He
said that unless it was conclusively proven
| that Alexander placed the bodies where
! they were found the evidence was irrele-
! want His motion was overruled and Phoebe
\ Mock was called as witness
She was the first woman called to the
| witness stand. She said she lived eight and
half miles south on the Three Notch road
! and that she had known Catherine Doeh-
| ring, who died on Aug. and was buried
| in the German Catholic Cemetery. She
said she prepared her body for burial, laid
| her out and dressed her in a shroud She
said she would recognize the shroud If she
saw ii.
| shroud and identified it as a part of the
shroud in which Mrs Doehring was buried
| She positively identified 1t and said she re-
/ membered the knot tied in the draw string
on the neck and also by the handmade lace
/ on IL.
Mrs. Mock said she saw the body at the
morgue at the police station on Oct IA. The
| witness was not cross-examined.
Mary Doehring. daughter of the dead
| woman appeared in the court heavily yelled
in black and in low voice answered the
| questions put to her by Mr.. Benedict. She
| said her mother was sixty-nine years old.
She testified as to the burial. She said she
had also seen the body at the morgue and
| Identified ii as the body of her mother she
stood up in court, handled the shroud and
| identified Ii as the dress for the dead she
had worked on and made. Mr.. Span did
not subject this witness to interrogation.
Frank Doehring, son of Mrs. Doehring,
testified as to his mothers death and burial.
| He also testified to the Identification OF the
body at the morgue. He was not cross-ex-
| amined.
George H. stilz $50 East Pratt street.
| said Johanna Stilz was his grandmother
and that she died JAM 10 and was buried in
| Ebenezer Cemetery. He identified her body
afterwards at the police station on Oct. IA.
GLENDORA GATESS BROTHER.
Marcia McMullen, sister Of Meredith Nc
Mullen, who died and was buried in the
Lick Creek Cemetery, also testified.
E. r. Gates. % Oxford street, clerk al
the postoffice, brother of Glendora Gates.
who died July g, and was buried in the
Anderson graveyard. He said that since her
burial he has seen the body. He saw II at
the city morgue in October
A significant statement was made when
| Henry Span announced that the defendant
is thirty-eight years of age. This establishes
the place of confinement of the accused
| doctor in case of conviction-either the Re-
formatory are the State penitentiary.
| M. T.. Donnely. one of the police report
| ers for the Journal, testified to his visits
TO the Central College He described the
appearance of the cellar of the college and
the number of bodies in barrels or on the
table at the college. He narrated the con-
| versations he had with Alexander before his
| arrest. He also identified the shroud of
Catherine Doehring as the found in
the cellar by Detective Manning.
He said on cross-examination that the
body of Rose Neidlinger was not concealed
when he saw il at the college.
DIR. j. +. Barnhill was recalled and he
brought with him his secretarys minutes
of the meetings of the faculty of the Gen.
trail College of Physicians and Surgeons.
DIR. Barnhill, turning to Page 81 of the
record, read the minutes of the meeting
held in June by the faculty. He read that
on June ~, 1902, DIR. Kahlo, chairman of
the education committee, reported changes
in the faculty including Joseph c. Alex
ander as director of the anatomical labo-
ratory and l., Il. A. Storch as demonstrators
of anatomy.
Whose duty was 1t to secure material
for his Department." was asked DR.. Barn
hill
81 don't know. 1t is not the duty of the
secretary to KNOW" he replied. Other
questions were answered similarly, evasive-
ly, by the witness. He identified the cata-
logue of the college for 1903 and said II
was printed in July. When the catalogue
was introduced in evidence the defense
was had. w. T. Brown stated the knowl-
edge of law of the State relative to the ad-
mission of evidence.
The objection sustained by Judge
Bailey and the catalogue was not intro
duced in evidence. Judge Bailey adjourned