davidaulloa/AmericanStories huggingface dataset:
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14
His Conclusion

HAS Indiana no law that will
protect her daughters from conduct
Of this kind?' Kane said as he be-
gan his conclusion.
you're going to write in your
verdict whether your daughter, my
daughter, or other reputable citizens
daughters are to be protected from
vandalism. The eyes not only oe
Indiana, but of the whole country,
are on you. Gentlemen, 1 stand on
hallowed grou Id as / stand before
you. 1t is from the heart. Gentle
men, it wasn't suicide, it was MUIR
der. They drove her to her death
it was murder"
Before Kane had reached his
seat Jdge Sparks was reading his
instructions to the jury. A child
about years old became confused
and was wandering about i'm the
courtroom near the defendants
table. He crawled under the table
and Stephenson picked up the
y0ungster and handed it over to
its mother. The jurymen obserbed
it.
Judge Sparks reviewed the indict-
ment against the defendants, citing
the entire text.
ITO this indictment, the de-
PENDANTS have separately interposed
plea of not guilty and this forms
the issue you are to try" Judge
Sparks said.
"You will have the indictment
with you in the jury room to read
for yourselves, but 1 further instruct
you that the fact that the Marion
County grand jury mas returned this
indictment raises no presumption Of
the defendants guilt, or either of
them. 1t is not considered as evil
dence."
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14
CircumstantiaI Evidence

Evidence may be either direct or
circumstantial. Direct evidence is of
a particular fact or circumstance
which forms a subject of judicial in
vestigation. Circumstantial evidence
is evidence of other 'or collateral
facts and circumstances from which
these particular facts, which forms
the subject Of judicial investigation,
is or may be inferred.
ITO justify a conviction Of the de-
PENDANTS in any case, on circumstan-
tial evidence alone, the circumstan-
ces disclosed by the evidence must
be of such character and strength
as to exclude every reasonable hypo-
thesis, except that Of such defend
ants guilt. If the circumstances dis
closed by the evidence can be eX-
planned on any reasonable theory
consistent with such defendants in
nocence he is entitled to an acquit-
tai, but circumstantial evidence
alone is enough to support q YER
dict of guilty of any kind, provided
the jury believes, beyond a reason
able doubt, from the evidence given
in the case, that the accused is guilty
as charged. The truth must not only
coincide with the hypothesis of guilt,
but it must be inconsistent with ev-
cry other rational conclusion. No
greater degree of certainty is re-
quired where the evidence is cir
cumstantial than where it is direct,
for, in either case, the jury must
be convinced beyond a reasonable
doubt of such defendants guilt as
charged"
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14

be committed as alleged in the in
dictment, you would not be war
ranted in convicting him, and IN
less you are convinced beyond a
reasonable doubt that said Klinck
was a party to or participated in
a plan of said other two defendants
or either of them, to entrap and to
make a criminal assault upon the
person Of Madge Oberholtzer, as al
legged in the indictment, with knowl-
edge of the purpose Of said plan, he
could not be held liable for the acts
of said other two defendants, or
either of them. outside of his pres
ence, and during said trip to Ham
mond, if. you find such trip was
made; but if you find that he was
a party to such a plan with said
other defendants, with knowledge of
its purpose, as alleged in the indict-
ment, and assisted in the prelim-
mary arrangements of carry out
such plans, he would be liable for
the acts of such other defendants,
fairly within the common enterprise,
and for the furtherance or in the
prosecution of such common OBJ
jects or designs, and this would be
true regardless Of whether he was
with said parties all the time or not,
and although he might not have
been a party to such a plan as al
legged, and hence not liable for the
acts of said other defendants while
on such trip, if such trip were
made, yet if you are convinced Of
the evidence beyond a reasonable
doubt, that subsequently Madge
Oberholtzer was returned to the
garage of the defendant Stephenson,
in a weakened and helpless condi-
ton, in which condition she was
placed into the custody and control
of said Klinck in said garage, which
he assumed and undertook to per-
form, then I instruct you that at
that time, there was a legal duty
resting upon him, to use all rea-
sonable means within his power to
care for her, and if he failed to do
so, either by an act Of commission
or an act Of omission, by reason Of
which her life was shortened, he
would be guilty Of felonious homi-
eide, under the first or fourth count
Of the indictment"
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14
Dying Declaration

dying declarations are those
made by a victim of a homicide re-
ferring to the material facts which
concerned the cause ard circufn-
stanes Of the homicide. The certain
ty of the declarant's belief that he
or she is in extremis and that in
very short time those immortal and
spiritual elements which inhabit the
body will iforsake it, to encounter
the dread possibilities of the I'M
known and supernatural world be-
yond the grave, is deemed to furnish
a sanction equivalent to that of a
solemn and positive oath, admin
istered by a court of justice. The
credibility and weight are wholly for
the jury, and these elements are to
be determined by the same rules that
are employed in judging the evidence
Of a living witness in weighing this
testimony of Madge Oberholtzer. 1t
is proper for you to consider the cir
cumstances under which 1t was
made; the purposes for which 1t was
made; her physical and mental con-
dition; whether it was made of her
own volition; whether she was in
fear of intending dissolution; the
absence Of the right of cross-ex-
animation; whether or not it has
been contradicted in any respect by
other evidence which you deemed
worthy Of credit.
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14

scious Of what was happening. If
she was a willing companion, why
did they bring her home looking like
she'd been in a fight?" Kane
throughout the trial has been at
loggerheads with newspaper men on
the case. Seeing a chance to give
vent to his feelings along this line,
Kane declared.
Newspaper men had no business
at the autopsy, gazing on the nude
form of this poor girl. Humiliation
even in death!'
Kane seized a copy of the testi-
mony of Miss Beatrice Spratley,
Madges nurse, and read:
"Her left cheek was bruised, her
left breast was bruised, the lower half
of her abdomen-the inside of her
thighs, and her legs, down to her
ankels--all were bruised"
"a willing companion, eh? oh,
Gentlemen, she wasn't hurt. She
just went along with this Stephen
son, just because she loved him."
Kane Missed.
Glaring at Inman, Kane said,
"And that able, touted, newspaper.
doomed criminal attorney, Imam
if he had half as much sense as any
one of you jurymen, he wouldn't
have had the nerve to make such
! f1irnsy arguments.
81 want to demonstrate to
Klinck, to Gentry, to Inman, to
Stephenson, and to Christian, if it
can be done, that in Indiana the
law is supreme. Put them away
so others will be SAFE" Kane de-
manded.
Kane launched a firece attack
against the four Marion County
deputy sheriffs, who testified re.
garding klinck's alibi.
Perjury Charged
eff the prosecutor OF Hamilton
County has the nerve, and L think
he has, and the judge does his duty
the grand jury will be called to
prosecute Red Koffel and those other
deputy sheriffs and all others who
had a hand in it, for perjury. Men
who should be in Jail instead OF
locking others in Jail. Are you go
ing to believe their word against
that Of the good, motherly Mrs
Schultz, who saw Kyinck with her
very eyes?"
In another outburst Kane assailed
Ralph Rigdon Of Fountaintown, one
of Stephenson's star witnesses.
"RigdOn, the lOafing, lying bum,
who licked the feet of Stephenson
for the crumbs lie could get"
Kane could not free from his mind
the sting of the defense's accusa-
ton that blood money jingled in
the pockets of the prosecution.
Our reward is in the conscious
ness of having performed duty
Turning suddenly on Inman, Kane
shouted:
Can you say that Mr.. Inman?"
Inman features remained unchanged.
"These fellows are guilty of
murder, staphlococci, or no
staphlococci," Kane continued.
''That wound was placed on
that girls body by the fangs of
this serpent. The infection which
followed caused her death.
1.-THE defense's medical witnesses
didn't get a chance to answer the
true facts Of this case. They
answered hypothetical questions
that were lies from beginning to
|
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14

''Unless you are convinced beyond
a reasonable doubt that the defend
ant, Earl Klinck, aided. abetted,
counselled, encouraged, hired, com
manded, or otherwise procured or
helped to procure said alleged acts to
The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14

Liability Of conspirators: When
two or more parties conspire or COM
bine together to commit any unlaw-
full act, each is criminally RESPONSE
BILE for the acts Of his associates or
confederates committed in further
ance or in prosecution of the COM
mon. design for which they combine.
''If the unlawful act agreed to be
done is dangerous or homicidal in
character and IL its accomplishment
New Britain herald., 1925-07-21
TENN. CLANS ARE
 AT IT ONCE MORE
GodSey and Bowman Factions
 Fight in Street

Chattanooga, Tenn, July 21 Vpl- Members of the Godsey and Bow man clans have fought it out again with guns in revival of their an cient feud. this time in the very shadow of the police station.
 Two of the Godseys, Benton and Sam, were wounded, Sam seriously, when they met Lawrence Bowman near police headquarters last night.
 Bowman, who with Dr. w. D.. Mason, was assaulted, kidnapped and tied to trees in the wilds of Signal mountain a few weeks ago, was uninjured. Both of the Godseys were shot in the leg. A hystander. Attorney General George w. Cham lee, had close escape when his hat was knocked off by a bullet during tho encounter.
 Sam Godscy said Bowman started the battle while Godsey was mp braiding Attorney General Chamlee for not indicting Bowman for carry ing pistol In another case.
 Bowman's story does not conform to that of the Godseys. He said Sam Godsey was cursing him to Attorney General Chamlee and when he saw Bowman he reached for his gun.
 Bowman then shot down Benton Godscy and hit Sam Godsey In the leg.
 Bowman said his marksmanshp was bad because he was afraid he
New Britain herald., 1925-07-21

would shoot Attorney General Chamlee, as Sam Godsey kept get ting behind him. He also said some one was shooting at him from the rear
 Tho warfare between tho Godsoys and the Bowmans, rcputed leaders of mountain liquor rings, has been in progress for several years. One of the latest fare-ups was the slay- ing of Ike Bowman by sam Godsgy several months ago.
 The spectacular Kidnapping of Bowman and Mason created wide attention and the Bowmans held the Godseys responsible for the at- fair, Since tho rescue Of the men, officials have been expecting trouble.
 The Godseys claim that Bowman has a grudge against them for de Stroying a still of his.
New Britain herald., 1925-07-21

ance.
 Within an hour, she was tongue flashing me for carelessness i'll my work. She led me down a long hall and into a room I had just done,
 Just look at that" she shrllled. There were some ashes on the floor beyond the bureau that l had missed. Before telling me about it, she had reported at the linen room that I was lazy and careless.
 Now she stood over me, insulting me elaborately, She intimated that only a person who was filthy her self could have left those micro scopic ashes on the floor.
 I looked at her dirty fingernails and the wilderness of unlempt hair on her head. I longed to retort But I held my tongue. I was not ready to be fired, for I had not yet found out what treatment the hotel would give me when It learned of my prison sentence.
 "Get OutI"
 When she had lnished her ha- raneue. she said, Now get out, Go 10 room 6s. There's new baggage in there"
 New baggage" meant a new guest. He was a kindly looking man.
New Britain herald., 1925-07-21

I picked up the papers left by the departed guest. dusted the bu- reau and desk, emptied the waste basket and was getting a supply of towels and soap from the cart when Miss Fall appeared again. She founced into 6S, and on into the bathroom.
 Just look at that" sHe snapped. T was just going to do the bath room" I apologized,
 Didn't l tell you always to do the bathroom frst?"
 The new baggage" looked at me rlryingly.
 tried not to look too pathetic. But his heart was touched and then l left the room, the joke was on me. He had given me a 50 cent tip
 Copyright. 1925. NEA Service.
 Incl
 TOMORROW: My past oyertakcs
 'ulv5B om
New Britain herald., 1925-07-21
MISS PALMER suowERED

Miss Margaret Palmer was given q miscellaneous shower last night a the home of Mrs. Henry A. Carlson Of 6l Trinity street. The house was prctily decorated for the event, Q color scheme of pink and white be- ing used. Miss Palmer received a number of gifts. Games were played and luncheon served. Miss Palmer will become the bride of Albert chapman August l2.
New Britain herald., 1925-07-21
ENHANCING STADIUM.

Philadelphia. July 21--Graduate Manager E, E. Cozcns, of the Uni Ncrsity of Pennsylvania, announced yesterday that work had started on inc enlargement of Franklin Field Stadium. The north and south stands will be double-dccked, They will be ready for the Chicago game, October 4, and Red Oranges appearance here, October 31, with Illinois. The present seating capacity is 54,oo0, but with the stands decked 7o,o0O VIII be available.
New Britain herald., 1925-07-21
SETS NEW RECORD.

Helsingfors, Finland, July 2t tPl- Charles ". Paddock, the California sprinter, yesterday ran 1o5 meters in IS S-5 seconds, II is claimed this time constitutes a world record.
New Britain herald., 1925-07-21

w1NNIFRED MASON HUCK SHE LOOKED IN CHAMBER MAIDS CAP AT WILLIAM PENN HOTEL, PITTSBURGH.
New Britain herald., 1925-07-21
Mrs. Huck Gets 50-Cent Tip
 As Maid In Pittsburg Hotel

Winnifred Mason Huck. former eongresswoman and the first woman to preside over the house of repre- sentatives, got herself sentenced to prison.
 Guiltless of any crime, she sought answers to the questions
 Are our prisons humane?
 Can . girl, crushed by her fellow men, regain her place in society? This is the twenty-first story, written for the Herald.
 By wINNIFRED MASON HUCK Former Representative to Congress
 from Illinois
New Britain herald., 1925-07-21

Miss Jessie Lester, Expert Artist Representative of the Duro-Art Studios will greet you in our . Medallion Department. Bring your friends, See samples of the Medal lions that can be copied from your clear Photographs. Then plan to get them quickly Freei
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27
THE BRYAN QUALITY
New York Times)

(NeW 1Oik limeS)
These are busy and delightful
days for Mr.. Bryan. If he cheers
the hearts of the Tennessee faith
full by consenting TO give his
wealth Of legal and scientific lore
to the defense of the Anti-Evolu-
ton law, he relieves his own by 81
gracious description of men Of
science as dishonest scoundrels. y
Again invading the enemy's coun
try, he diffused his sweetness and
light among the Brown Undergrad
yates. Even in the State Of Roger
Williams SO courteous and toler-
ant a divine was surprise. He
turned his scholarly rofutation in
to a veritable Knockout by this
threat to the pallous Martin Mar
BTyans:
If these fellows don't quit
calling me an ignoramus, ] am
going to have my card print
ed with all those letters (of
his university degrees) after
my name, and then I'll ask
any son of an ape to match
caIuS WIN me.
Where's Charley Darwin now ?
Some people in the East continue
to misunderstood Mr.. Bryan.
What is he running for now?
Moderator Of the General Assem-
bly,? They fail to perceive that,
Progressive" though he calls HIM
SELF he is an irredeemable obscur-
artist and reactionary. The long
process of innumerable ages is
poison to his mind, which is essen
TALLY that of a medicine man"
Wave the wand ard speak the word
of power! BetwiXt sunrise and
sunset a million soldiers spring
up. So all the stars and planets,
all plants and animals, man, the
world, the universe. The patient
search, the open mind, the readi-
ness to admit error chara1 teristic
of the man of science, are far from
him. This is not a leproach. 1t Is
praise. He thinks with his voice
and his emotions. They have made
him one of the most successful
men of his time. Political disas-
LelS nave DeeH MS loI IuHe. Ills
ventures into theological politics
and his pontiiicating as the cor
rector of science will be watched
with interest; in the dissolute
East and most other parts Of the
country with amusement.
| This is to be regretted, if for no
other reason, because any attempt
to deny or doubt Mr.. Bryan's Gre
Certainty Sc ms to turn his temper
Of honey into gall 1t is to be le-
GREETED for the deeper reason that
he seems on the way t" become a
pathetic figure. 1t is increasingly
probable that on him will fall the
fate of Kipling's Village That
Thought the Earth Was Flat.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27
DELAYING AN IMPROVEMENT

Horsepay regarding the paving of the penenary road
will probably defeat that much needed Improvement. The
usual bituithc threat, Our pavement none may pre-
vail if three county commissioners be held in line.
The plan to concrete agreeable to the Highway
Commission to the two railroads. apparently to two county
commissioners and the Federal of Roads. De-
spite this unannity lone county commissioner threatens
hold up the whole project unless certain type pave
ment is used
This paper holds brief for any special pavement, but
in line with majority Of taxpayers wants to the i'm
provemen made this In view of the fact that the
Federal Bureau of Roads, the Highway Commission and the
engineers of the two railroads involved have selected
crete because of the saving should be binding and conclusive
1t is to have the county join the project for
that entails the agreement to $2OOOO In view OF
the fact that Bismarck citizens pay great percentage OF
the in the county, the county board should speed
rather than retard the Improvement.
After all differences thought to be roned out, Com
missioner Swanson reported to favor bituthc against
any other form of pavement despite the recommendations OF
the various engineers and the wishes of the taxpayers to
$4,000 on the job.
If current reports to be believed there will be
paving this year unless along the cooperative plan approved
self His explanation probably will be forthcoming 1t is
be hoped he will have another change of heart by next
Monday that the work be done without delay
The Burleigh county board should not oppose the plan
of federal officials which will the taxpayers
of Buregh county some $4,000
Further tactics to delay the paving job will merely kill
it for sometime to This to be the plan OF some
few who cannot dictate the style Of to be used
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27

books for America than by lecturine
here.
He recalls that when the influx of
lecturers was at its peak one Chicago
paper printed notices of their arri-
val under "Calamities of the Day."
When Lord Dunsany read the notice
ne could hardly be persuaded to con-
tinue his schedule.
Perhaps you've wondered how men
learn the stock and bond business.
It's very simple. j. Parnell Thomas.
a young man who now is a sales
manager in Wall Street with 40 men
under his direction, started in six
years ago at $3.50 week. Then he
didn't Know the difference between
q bond and stock. He was told to
enter skyscraper, begin at the top
and call at every office until he
reached the ground. BY then he had
begun to learn bit about the busi-
ness.
JAMES W. DEAN,
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27
ON
GOOD BED A GOOD INVESTMENT

is better than the same thickness
and weight in one single piece.
Always have the room we'll ven
tilated. Night air is not dangerous.
The 'healthiest people are the ones
who sleep light out in the open,
winter and summer.
Especially is outdoor sleeping we'll
for persons who spend their working
hours inside. Cold air is invigor-
ating, and an outing during sleep/is
almost as beneficial as an outing
when awake
Special care should be taken that
bed clothing is warm and dry. Elec-
trio blankets now are on the market.
By turning on the current half an
hour before retiring, the bed will al
ways be found warm and dry.
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27
LETTER TO LESLIE PRESCOTT
FROM MRS. ALICE GRAVES
HAMILTON, CONTINUED

The girl before me would not speak
right away. Leslie, and during that
time subconscious feeling that
had always had with Zoe came to
the surface. | remembered ! was
never quite at ease with her. ! said
nothing about it at the time, because
| attributed it to her old world bring
ing-up.
Now know it was something
deeper than that.
According to this girl, Zoe Filing
ton has a history very different from
what she told Ruth. If | remembel
right, my dear, she told Ruth and
you that she had to leave the family
with whom she was living in Paris
because the husband conceived
sudden infatuation for her.
This was true as far as it went
but she did not tell either you oi
Ruth that before she had gone I'd
this family of Mr.. Stores, which wal
the mans name. she had had very
tragic affair with a married man bl
the name of Raphael back in Geneva,
After Zoe's brother died, she came
to Geneva and entered this Raphael
family. The girl who told me the
story is the sister Of his wife. Ra.
phael became deeply infatuated with
her and she apparently did with him
After a while the man deserted his
family and they lived together here
in Berne for long time. The man
who had a splendid position in &
banking house, lost it, because hi:
wife comes from a very powerful
family in Switzerland and, of course
The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1925-05-27
FREIGHT BY AIR

Recently the Bismarck Tribune in receipt of letter
from the Duplex Printing Press company of Battle Creek
Mich that would initiate emergency 'air service
machinery parts for it's customers 1t asked for show
ing landing fields in this section Of the country and advised
the Tribune management that it ready rush machine
parts by airpane in Of emergencies few hours will
bring to Bismarck any essential part of press which
threatens to tie-up production
Just another development of transportation
The other day, the New York Times announced the for
nation of ten million dollar corporation known the
National Air Transport, Inc" with such capitalists
Edse Ford, Marshall Field and William Wrgley, Jr,
incorporators.
This company will transport freight and express but
Ford has been in this line of business in small
way between his Dearborn plant and Chicago 1t is planned
gradually expand the service mostly for the facilaton
of the of mail between the large branches
Of the company This by air tends to speed
ducton and give few jumps ahead Of competition
and business nowadays is largely the selling of service
That day is not far distant when Chicago probably will
be the hub of the air mail and freight service Planes will
carry merchandise the great centers of distribution Plans
contemplate night flight lighted airway between
New York and Chicago Radio that great invisible trumpet
of the air, will control the planes.