The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-06-17

the girl for her story, as he did
not know whether she would ever
get better.
After describing how she went
to Stephenson's house at his tele-
phoned request, Kingsbury said;
Forced to Drink
"she said che saw Mr.. Stephen.
son was extremely drunk, that she
was forced to drink two or three
drinks, that they then went 10 the
station and she was put in a COM
partment with Stephenson and
another man"
He said she told OF an attack by
Stephenson. but did not recall all
that had happened. He went into
details as TO the girls story OF be-
ing mistreated.
AT the hotel at Hammond" the
witness continued. "she thought OF
the disgrace Of her family and what
had happened. She got Stephen.
sons revolver and decided to kill
him. She changed her mind and
decided to kill herself and had the
gun at her temple in front OF a
mirror when she heard one OF the
other men coming-either Klinck or
Gentry-and hid the revolver.
Begged for Doctor
she said Stephenson, on finding
she had taken poison, said, Your are
fool and forced her to drink some
milk. She said he bought some more
milk and ginger ale and took Il in
the auto on the return trip. but that
he refused to get her doctor, al
though she screamed continually for
one"
Inman made much OF Stephenson
buying the milk and forcing her TO
drink II. Inman and DR.. Kings
bury were extremely polite TO each
other, and begged each others par
don when they misunderstood.
Text of Objections
The eight objections to the dying
statement, presented by Floyd Chris
tian one OF Stephenson's attorneys,
and upheld by Judge Hines at the
opening Of court, were:
l. At the time OF making the
declaration Madge Oberholtzer was
not in extremis, II being made on
March 2s, 1928, more than six days
before hope Of her recovery had been
abandoned, for upon April 8, 1925,
a blood TRANSMISSION was made In the
hope Of curing her. and that she
would recover.
8. That the dying declaration was
not made under a sense of impend-
ing death, and that she was not in
extremis, for her mere statement,
contained In the declaration, is not
conclusive.
Not Homicide
8. A dying declaration is only ad-
missible in homicide cases, and then
only such parts there as point dis
tinctly to the resgestae OF the homi.
eide. That this declaration is not
one OF homicide. but on the con.
trary is only a declaration Of sui
eide and Of things she claims oc-
CURED before, during and after she
had administered poison to herself
In committing suicide. and OF moth
ing pointing to the reSgestae OF hom-
icide.
4. That the circumstances OF the
death OF Madge OSerholtzer were
not the subject OF lhe declaration.
but mere threats, opinions and con-
clusions.
8. That such opinions and conclu-
sions in the declaration are not ad.
missible or competent
Incompetent, Irrelevant
That all matters, statements and
conclusions in the declaration prior
TO the taking Of poison by said Madge
Oberholtzer are incompetent, irrel.
evant ,hearsay, serving and not
germaine to the resgestate OF the
offense charged.
T. That the declaration shows in
its face that 1t is case OF suicide,
not OF homicide and that her death
was not the proximate result OF any
act Of either defendant. but her
death was caused by her own hand
8. That the declaration is not a
dying declaration. but is hearsay.
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