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

and turning to the witness, asked:
Were these remarks afterward
reduced to writing, Mr.. Smith?"
1.-THE substance was" replied
Smith. X
1--WE object" said Christian. 1.-THE
writing should be the best evidence. >
Judge Sparks overruled the objec-
ticn.
| Anyone who hears a statement,
later reduced to writing can testify
about it," the Judge reminded Chris
tian,
II wrote down the substance
myself, from memory, of her en-
tire story rs she told it to me nj
different times" said Smith.
For the first time, since the trial
opened, Attorney John Kiplinger of
Rushville, defense lawyer, took "a
hand in the proceedings. 1--WE
further object because it is not part
of the res gestae.'
The res gestae" is a legal term
meaning the gist of the affair.
Overruled
That's overruled too" said the
judge.
Christian took hand.
I'VE further object, because the
defendants were not present. 1t calls
for hearsay. 1t has not been shown
she was in extremis."
OBJECTIONS sustained on those
! theories said Judge Sparks.
Prosecutor Remy attacked from
another angle, laying the legal
groundwork for a dying declaration,
which can be admitted as evidence
in murder trials, as an exception to
the rule against hearsay evidence.
on the theory that a person about
to meet die, will tell the truth.
What was her condition." asked
Remy.
1--WE object YEARLY interposed
the defense attorneys. They were
promptly overruled.
"She was apparently in great dis
tress, physically and mentally said
Smith.
After that, from time to time, die
you have any conversation with her
as to the manner of her death?"
Eyes, the first time was Tuesday.
took Miss Moore with me-
Miss Moore Tainted
Smith said that he particularly re-
membered taking Miss Moore, be-
cause when the latter walked into
Madge's bedroom, and caught the
first glimpse she had had OF her
friend in her bruised and battered
condition, she tumbled over on the
floor in a dead faint.
This episode was ruled out of the
evidence when it developed that
Smith was downstairs when he
heard Miss Moore fall and did ac-
tually see her faint. Defense at
torneys appeared elated.
Judge Sparks said that the affair
was frankly material"
Remy then proceeded laying the
foundation Cor introduction of the
death statement. every step battle.
when was the next time she
mentioned her condition."
about a wee'v after this Tues
day. 1t was about o'clock in
the evening. think her mother
was in the room. She was in
great agony. 1 said 'GoOdby' and
she said 'Go0d-by' to me, seeming
ly in great anguish. The next day
she said to me When 1 said good
hV n CT snE.
it was good-by.' She always said
she would not get WELL"
Renly then Intercepted Smith re.
garding the preparation of the
statement in manuscript form.
Tells of Writing
AT my office | reduced the state
ments she gave to me in writing.
On Thursday, March 26, at about
$3.50 or 10 o'clock in the morning,
l called Miss Ermina Moore to my
office and she brought her own notes
/ took my draft and Miss Moore's
notes and read them out loud, using
Miss Moore's notes and those / had
written in consecutive order relating
Miss Oberholtzer's experience. / cor
rected any grammatical errors that
might have existed, called a stenog-
rapher, and dictated the entire state
ment. Then Saturday, March %,
two days later, I called Miss Moore
and we corrected the typed matter"
Was the statement as prepared
by you substantially the same as
she had related to your"
Yes"
And then YOU went to the Ober
holtzer homer"
YES"
"Who was present in Miss Ober-
holtzer's room besides yourself?"
Three Witnesses
."Dr. John X. Kingsbury, Miss
Moore, and Griffith =. Dean" Dean
is Smiths law partner.
Remy, at this point, procured
the dying statement and carefully
unfolded it.
did you show her the state
ment?"
yes"
Ibid you read it to her?" .
eyes"
what was her position?"
.l. Lying i'm Bed
"She was lying in bed, apd was
near the head"
did you read it as you wrote it,"
Eyes, read it very slowly and
distinctly. Every word. every
sentence, every paragraph, and
every page, slowly and distinctly.
Every sentence / stopped and
asked her if it was true. She in
terrupted me several times in the
midst of sentences to say, Yes,
that's right"
did she request any correc-
tions?" T.