The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-30

was an egg shaped bruise. I had
been informed she had been in
jured in an automobile accident.
1--WE object" said the defense at
torneys.
That's all right, go right on" said
Judge Sparks.
"I'll ask you ii there was any
thing said about dying" said
Prosecutor Remy.
THE defense objects, Your
Honor" said Christian. 1.-THE
corpus deficit of homicide has not
been proven. The conversation
was outside the presence of the
defendants. It is not shown that
death was then impending. 1t
has not been shown that she was
then in extremis, or recognized
she was about to die. Such con-
versation would not be part of
the rea gestae of homicide case.
1t has not been qualified as
dying declaration. 1t is incOm-
petent, irrelevant, and does not
tend to prove any charge in the
Indictment"
Christian paused for breath.
"That ALL" asked Judge Sparks,
without batting aan eye.
YES, Your Honor" said
Christian.
"OverruIed."
Il ask her how it happened, and
she said: When I get better I'll tell
you the whole thing / pressed hel
for an answer. not knowing her con
dition. She told me-
Defense Attorney Ira Holmes OBJ
jected.
"she said she'd get better" he
said.
"Overruled, said the judge.
The physician continued.
"She told me that Sunday eve
ming previous, she learned there
had been two or three urged tele-
phone calls for her to call the
Stephenson home, but she was in
cIined to let them go until morn
ing. Her mother, she said, told
her that it was urgent, and she
then called the Stephenson home.
Someone there told her il was
necessary for her to come ever
and that an escort would be
provided for her"
Attorney Holmes again registered
futile objection.
Now, Your Honor, we don't want
to be captious. but all this is in.
competent, aand should not be al
lowed to so in the record"
Judge 0yerrules
the circumstances is competent u
ruled Judge Sparks. Kingsbury con.
tinued with the girls story.
''She said as soon as she stepped
i'm the house she saw Mr.. Stephen.
son. He was very drunk. He
took hold OF both her hands and
she tried to pull away, saying she
wished to go home.
"He said, No, you're going to
stay here She took the telephone
of the hook TO call her mother,
but it was perked from her hand.
"She was taken 10 the Kitchen
where Mr.. Stephenson and some
others were mixing some drinks. She
was urged to take some OF the
liquor, but she said no, she wanted
none. She was forced to take two
or three drinks. and pretty soon felt
light headed and had to sit down. a
little later she was forced into a
machine and driven ultimately to
the Union station. where she was
taken into a Pullman car and into
Il compartment"
DR. Kingsbuly then described the
alleged attack on Miss Oberhol;zer
'He bit her, chewed her. pum-
meiled--that she didn't remember
all that did happen. She told me
they ultimately got to Hammond
and were taken 10 hotel. Shc
was put in a room with Mr.. Ste
phenSOn."
kingsbury said the girl told him
that some time that morning she
obtained Stephenson's pearl han.
died revolver, and contemplated
shooting him as he slept, but re-
Trained from SO doing when she
thought OF the disgrace IL would
bring ON the family. Then she
tried tn get up nerve to shoot her
self, and while standing before a
mirror with the gun. heard some
one coming and put it away. Later
Stephenson gave her SIS and she
was taken out to buy hat. Dur
ing the trip she purchased some
bichlOride of mercury tablets, and
on returning to the hotel took six
OF them.
"She said that Shorty" Mr.
Stephenson's chauffeur. discovered
her after she had tainted. He said
My Godr and ran out. returning
with Mr.. Stephenson and another
Stephenson asked her why she haC
taken the poison, and she said sht
wanted to die, whereupon Stephen
son rejoined that She was a fool,
and forced her to dring some milk
| He said You're going home an,