The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-06-19
SUICIDE PLEA
OF STEPHE NS0N
Continued From Page u


her story to DR.. Kingsbury. There
isn't witness who came here who
can testify to a single transaction.
There is absolutely no evidence
against Klinck, and nothing against
Gentry.
"Analyze that statement in the
Eight of reason. She said they
took her through the gates at the
Union Station. The slightest out
cry for aid would have brought 1t
in abundance. So 1 ask If this
trip of Madge Oberholtzers was
not voluntary? / can't conceive
why she didn't get aid at the sta
ton, at the millinery store, or at
the drugstore at Hammond.
Her taking poison cannot be con-
strued as a natural sequence Of TAX
ing Madge Oberholtzer on this ex-
petition. When they started out
none Of the defendants dreamed she
would take poison. These gentle
men are entitled to bail. They ought
never to have been indicted. There
was absolutely no. evidence before
the grand jury and I believe there
is some truth in Stephenson's state
ment: I'm used to being framed
up"
Remy threw the defense into a
state Of wild excitement shortly
after court opened by suggesting
that argument be- limited to thirty
minues on q side.
Insanity the shock troops Of the
defense were on their feet with OBJ
jections.
"This is an outrage Christian
shouted.
Apparently the State forces are
perfectly satisfied with the case as it
now stands.
I'VE are willing to let Judge Hines
decide 1t right now without argu-
ment," Remy told newspaper men.
State to Be Brief
I'VE will not use all Of our three
hours by wide margin; in fact,
doubt If any of our side speaks more
than twenty minutes"
Christian began speaking at 9:45.
This will mean that, taking recess
into consideration, it will be late this
afternoon before arguments are COM
pleted.
This, I understand It, is a cold
and dispassionate legal argument
and not harangue to jury" said
Christian as he began. citing a long
list of Indiana authorities that
murder charge Is bailable when the
proof is not evident nor presumption
strong.
Christian laid great stress upon
the argument that Miss Oberholt-
zer's death was clear case of sui
eide and by no possible interpreta-
ton could be called murder. This
was taken by many persons to in
dictate one Of the lines Of defense. to
be taken in behalf Of the defendants
should the case go to trial before a
jury.
Complete Defense
Suicide is complete defense to
charge Of murder" Christian said.
"Madge Oberholtzer's death resulted
from poison which she said she took
herself She took 1t secretly with
out the aid, knowledge, or connivance
Of these defendants. She concealed
her act from 10 a. M. to 4 p. m.
for six hours. This, according to
medical testimony, was too late for
any thing to be done to save her.
If she had not taken poison she
would not have died"
Christian attacked the Indictment
count by count, paying particular
attention to the charge that the de-
PENDANTS refused to give her medi-
cal aid after they learned she had
taken poison and restrained her
from obtaining it for herself.
Gave Her Milk
He pointed out that testimony
showed Stephenson had given her
milk, an antidote, Immediately upon
learning she had taken poison, and
that he offered to send her to a
hospital. but that she refused to go.
Remy then took up the argument
for the State.
The arguments came after three
days of presentation Of evidence by
the defense, during which time
many of the States witnesses in
GLIDING Miss Oberho Tiers parents,
her brother, Marshal; DR.. John
K Kingsbury, her physician; At
torney Asa J. Smith, who prepared
her dying declaration, and Miss
Beatrice Spatley. the trained nurse
who attended her.
State Victory
The three days battle over the ev-
idence resulted in a clear victory for
the State, with Judge Hines ruling
that the girls dying declaration be
admitted to evidence. The defense
went down battling hard on this
question, which was the real vital
point at issue from first to last.
For two days the defense was sue
cessful in excluding the document.
but. were forced to admit defeat on
the issue when Judge Hines over
ruled motions to strike out all vital
parts of 1t Thursday. This declar-
ofiox, {er T,eIfovnd IN T,n %Ta af,-r,r1 rvasf