The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1903-02-08
Four Counts in the Indictment Held
to BE supplemental to Each
Other.
A LEGAL sPARRING MATCH
ATTORNEYS FOR DIR. ALEXANDER
FOUGHT FOR THEIR POINT.
Prosecution Considers the Ruling 9
Signal victory-CO0rt Adjourns
Until Tomorrow.

The State Of Indiana has not yet closed
Its case against DR.. Joseph G. Alexander,
charged with aiding ghouls in the thefts of
bodies for dissection purposes of the Gen.
trail College of Physicians and Surgeons
When court was adjourned Friday even
ing the prosecution reserved the right to
introduce testimony at yesterday mornings
session Of the court and stated that it's
anticipated by the prosecutor that might
throw additional light on the charges, but
as precaution the case was kept OPEN
Yesterday morning when court was con-
vened the defense offered several motions
to Judge Bailey which tended to weaken
the case established by the State.
The defense announced its intention of
forcing the prosecution to elect one of the
four counts Of the indictment of which
Alexander is charged for prosecution. and
in order to succeed in this a motion IN
the effect. was made by Attorney Martin
Hugg. Mr.. Hugg, in presenting his motion
to the court, declared that the four counts
against Alexander-buying a human body
unlawfully obtained. taking and concealing
human body. aiding in concealment of a
body and having body unlawfully OBJ
tanned in his possession for dissection pur-
poses-each constituted a distinct ofrense
and should be tried separately. He de-
clared that in order to defend his client if
would be necessary to defend a specific
charge rather than defend four charges
similar in nature but clearly distinct
HUGG'S ARGUMENT.
Mr.. Hugg discussed each count of the in
dictment to show upon what each was
based. He declared that In support of the
fourth count of the indictment-the one
added on the suggestion of William T.
Brown. privately employed counsel for the
notwithstanding had been offered in
evidence. The old statute on which this
count was based provides a penalty for the
mere fact of having in possession a body
wrongfully stolen from a graveyard or
other place, and to prove an offense under
the law it is only necessary to show that
the body was unlawfully obtained without
the consent of the nearest of kin of the de-
ceased person. The State to convict on
this count was compelled to demonstrate
conclusively to the jury that DIR. Joseph c.
Alexander is the responsible person for the
securing of dissecting material for the col
lege. To do this the State attempted to se-
cure from DR.. j. r Barnhill, secretary of
the faculty of the school. the testimony
that DIR. Alexander was the demonstra tor
of anatomy of the college Dr. BarnhilI
proved 10 be an unsatisfactory witness and
evidently did not seem inclined to throw
any light on the case. He awaited the OH
jections of the defense each time before
replying TO the questions of the prosecution
and then answered evasively On direct
questioning he read from his minutes of the
June meeting of the faculty the recon-
mendation of the educational committee
that DR.. Joseph c. Alexander be appointed
director OF the anatomical laboratory
On this testimony Mr.. Hugg based his
reasoning that the fourth count. which
charges DIR. Alexander 'demonstrator OF
anatomy of the Central College of Physi-
clans and Surgeons i'm error and
should be stricken from the indictment.
ANSWER OF THE STATE.
The States attorneys, Prosecutor Ruck-
elshaus and bis deputy. Charles Benedict.
answered the argument by saying that the
two titles were practically synonymous
and quoted from dictionaries to prove their
assertions. They defended the indictment
ON the whole and William T. Brown de-
Tended the fourth count particularly He
said that the fourth count charged Alex-
ander correctly and that the offense had
been proven and his responsibility for the
presence of the body of Rose Neidlinger in
the college was established. He said that
to strike out the fourth count would be
to strike out one OF the offenses charged In