The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-13

Inman branded the dying declara-
ton of Miss Oberholtber as the
poisonous propaganda inspired by a
crafty lawyer, originally drafted to
blackmail Stephenson.
He pictured the trio--as men Of
fine sensibilities lapguishing in Jail
seven months on a charge all men
knew could not be justified.
Inmsn followed Floyd Christian.
defense lawyer, who had unleashed
a powerful argument for the acquit-
tai of the trio.
Inman, who followed Christian.
spoke as follows:
Gentlemen of the jury, in all my
connection with this remarkable
case. 1 have been conscious Of the
weight Of responsibility which rested
upon us all. 1t has not been the re.
sponslbility of law or of fact. But it
has been the responsibility which an
implacable element Of public sen.
timent without knowing and without
being concerned with the facts, has
cast upon us. 1 have never for a
single instant feared for the safety
Of our clients under the law. 1
have not feared for their safety up
on the facts.
Indictment Shame
"That these men should ever have
been indicted for mruder is shame
to the jurisprudence Of Indiana, and
to the law Of this land, and l sincere
ly believe that such an indictment
would never have been returned ex-
cept- that the States attorney and
those privately employed to reap the
vengeance Of hate, determined to
respond to the wishes of the un-
reasoning element Of hostility, which
wished to hurry Mr.. Stephenson to
destruction.
"There is not lawyer in Indiana.
not lawyer in the nation freed
from prejudice and interest, who
wouldn't say that this prosecution
for murder is entirely without justif.
cation for murder is entirely without
precedence in the Jurisprudence of
the country. Not only that, but
every cool-headed every fair-minded
reasoning man you may meet upon
the street feels and will say they
might be guilty of something, even
assuming the theory Of the State and
the story of its witnesses to be true,
we don't know-but they are not
guilty, and could not be guilty, of
murder, or guilty Of homicide in
any degree.
"a jury Of intelligent men, OF
sensible thinking men, have ac-
cepted to pass upon the question.
A jury which we have a right to
feel will not be stampeded into do
ing violence to common sense and
law.
This case has brought us all to
the point where we are to settle the
question whether the law which has
been the safeguard Of human liberty
in the new world for $50 years, shall
continue to prevail or whether or
derly procedure in court shall break
completely down, and we shall be
compelled to try our cases before a
portion Of an intolerant populace, de-
pending for the outcome upon who
can present in advance of a trial the
longest petitions and resolutions ir-
respective of the facts.
"The sole question presented
here is: Can suicide be murder?
Can suicide be homicide? No man
has ever said so or ever will say
so unless he says it i'm cOntradic-
ton Of the law.
"In this so-called dying declaration
this lawyer made declaration, de-
signed as poisonous propaganda to
be used in the effort to get money
If it declares anything, 1t Is a dy-
ing declaration of suicide and not
homicide. Why, she only told of
how she committed suicide.
''If she fancied she had been
wronged, she took long, ample time
to think it over, and deliberately and
without compulsion made up her
mind to commit suicide, and in order
that her deliberate premeditated plan
to take her own life should not be
thwarted or interferred with, she re-
sorted to use and deception, to be
sure her plans should not be dis
covered. and then when by decep-
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