The news scimitar. (Memphis, Tenn.) 1907-1926, 1919-06-21
WEIGHT Of ALIBI
WITH JURY CRUX
IN SCHOULTZ CASE


CContinued from First PaEs.)
insults were offered BY a man who was
seated IN concrete coping. on Waldran
at the rear Of DIT. NJ. B. Herman's
home. The girls. each of whom was
alone at the time she was insulted,
we're on their a. TO Central high school
at the time the insults were offered.
The hour OF the insults was fixed at
$50 TO $40 o'clock in each case.
Five Identifications.
Five witnesses, all Central high
students, positively identified Or"
Schoultz as the man who offered the
insults. -Four OF the witnesses were
l6-year-old girls, two Of them the girls
who were insulted. The other witness
was a 1e-year-old boy.
The two specific insults offered, out
Of which grew the indictments of Or.
Schoultg, had been preceded by many
others Of like nature. Most of them
occurred near the Central hlgh sch9oi
building. Sometimes girls were INSULT
ed by remarks made by an unidentifie ed
man. On occasions, like the two in
stances, indecent exposures were made
by a man. In the two instances. the
man was guilty Of both insulting ac-
tions and insulting words. a.,
One business man, who knew Or.
Sahouitz well. testified that he had
seen him seated on the concrete coping
from which the insults were offered,
about two weeks or 10 days before the
girls were insulted.
TINS principal of Central high school
testified that he had caught DR.,
Schoultz in the basement of the high
school building, near the locker, and
dressing rooms OF the girl students.
Schoultz identified himself, and was
told that hereafter he must get O pass
to visit the building.
Frequented High School.
On another occasion, the principa!
| testified, he had. from his office win
dow, seer SchoultZ enter the school
grounds, walk to the door as II to come
in, look up and apparently seeing the
principal watching him, turn and leave
the grounds.
Warning to three nurses who studied
| medical gymnast art from Schoultz
daily, never to go to his office except
In twos or threes. also was limited at,
but no reason for their physician
| employers warning was introduced,
The physician was not called to the
| stand.
These are the outstanding features Of
| the states side OF the case against
Or" Schoultz, To c~ontrovert this
testimony. the defense offered an alibi
and a double theory.
The defense sought to show that
| Or" Schoultz was engaged daily be-
tween the hours of 8 and 9 O'Clock, in
%instructing the three nurses in
S%choultz's calling-that Of medical
gymnast. 1t was contended that he
missed classes on seven days during
| April. but that none Of these dates on
which classes were not held, was April
II or %, the dates the girls were in
| suited.
The three nurses. who logically should
| have been defense witnesses, were sum-
moned only in rebuttal by the state.
Each stated hat she could not swear
| that she attended classes on April II
and %. This lapse OF memory clouded
what would have been a perfect, in
| d~isputable alihi for the defense.
Calendar Main Factor.
The office women employed by the
masseur testified for the defense that
she had kept a memorandum on which
the dates classes were held We're
memorandum had been stolen from her
desk. But she insisted that she recalled
the fact that classes were held on the
two days in question. and she fixed the
dates In her mind because OF two
things-the death OF her father, which
| occurred on April IS, and the fact that
"Dr," SchoultZ had given her a bill
TO collect on the morning OF April %.
One OF the nurses kept a record Of
| the days on which they missed classes,
and days OF which they attended. The
days missed were recorded by a pom
ciled ring about the date on a callen-
dar In her office, on the floor above
Or" Schoulty's office in the Exchange
building,
That calendar, another vital feature
In the aiibi, Is said to have blown out
/ Of the window one day.
What is claimed to be " made an
| appearance In the trial on the last day.
| SchoultS said a private detective had
found II IN the roof OF the adjoining
building, The man who found the cali
/ endar Identified II as the one he had
given to a woman detective after he
found II on the next door roof.
But the young woman who kept the
ringed record on the calendar would
not identify the penciled markings as
being made by her. although she did
identify the calendar.
! Magnifying glass inspection by the