The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14
Attorney Gives Eloquent Ap-
peal for Conviction on
Murder Charge.
Continued From Page y

such failure to render her such medi-
cal assistance, or if the evidence in
this case shows beyond reasonable
doubt that her life was shortened by
the failure on the part of these de-
PENDANTS or any of them so to act,
then I instruct you that they are
guilty of manslaughter, if you find
said commission to act was mere
negligence; but if you find that such
commission or failure to act was done
wilfully, with reckless disregard of
the consequences, then l instruct
you they would be guilty Of MUIR
der"
KIinck's Part
Judge Sparks also instructed the
Jury that If they found Klinck to
have been mere tool of the others
and that he had no knowledge of
their plot, if any, he should be found
not guilty. However, if they thought
that Klinck had knowledge of a pre-
conceived plan and was a party to
the crime, or if he himself assumed
control Of Madge and failed to give
her whatever assistance was neces-
sary that he would be guilty equally
with the others.
Attorney Kane spoke for more
than two hours. The jurymen gave
him strict attention.
Every seat in the courtroom was
taken as Kane began his talk.
Gentlemen, We'll all be glad
when this trial is over. We then can
go our several ways and follow our
chosen tasks" Kane began.
I'm not going to try to throw a
smoke screen over the facts in this
case. I'm going to try to show
them in their nakedness for the
purpose of dispelling the screen that
others have thrown.
Something has been said by de-
Tense counsel about the gigantic
conspiracy that has been framed
to destroy their precious client.
Something has been said about the
gold that jingIes in our pockets.
AS far as / am concerned, / am
here without the assurance of one
penny of compensation for my
efforts, without looking to one
person for a single dollar. From
the day / was asked to assist in
this case / have done everything
in my power to bring about the
conviction of the men who have
committed the most heineus crime
that has ever plagued the fair
State of Indiana" Kane cried.
This is the case of the States of
Indiana versus d. c. Stephenson and
others, and the State demands their
punishment for offending not only
the laws of their State, but of their
Creator"
Following in the footsteps of other
attorneys in the case, regardless Of
whichever side they may be on, Kane
took a few minutes to hurl the ar
rows of vitriol toward the opposition.
Floyd Christian, a defense attor-
ney, was Kane's target.
II pity Floyd Christian-his
creator gave him the bearing of
man, but none of the attributes.
His whole argument was sham,
fraud, smOke-screen over the
real facts of this case. He didn't
mention facts; he lodged them."
Kane attacked argument of Eph
Inman, general Of the defense staff,
that Madge Oberholtzer was the
boon companion of Stephenson
months before the Governors ball
at the Indianapolis Athletic Club,
Jan. ~, 1925. Kane pointed to the
testimony of Maxine Elliott, Steph-
enson's former stenographer and
one Of his witnesses, that the first
time she ever saw Madge in Steph-
ensOn's office was early in January.
Kane made capital of the fact
that all the defense's other star
witnesses had said they saw her in
Stephenson's Office many times in
the latter months of 1924.
Maxine Elliott was the only one
of those defense witnesses with any
character or standing" Kane de-
clared.
States Theory
1.-THE theory of the law maintained
by the State in this case has been
the law of England, more than 500
years, and it has been the law of
this country ever since the English
common law was brought to this
country" Kane declared.
With his voice crescendo, Kane
shouted, II don't care anything
about germs. When these defend
ants unIawfully abducted( Madge
0berhOltzer, attacked her, and
dragged her to Hammond they
made themselves criminals, and
by that very act drove that pure
girl, honored and respected in her
community, loved by alI-drOve
her to the position, where she had
lost all, where she was bereft of
all she cherished, forced her to
take that potion of death, and ID.
q. Stephenson and his cOhort be-
came murderers just the same af
if they had plunged dagger into
her thrObbing heart.
EVERY case cited to you by the
defense in this argument was one
where the woman went willingly. If
that were true in this case 1 wouldn' t
be taking your time. I'd be back
at my office trying to draw together
some Of the loose ends of my bust
ness, making some money for my
own family"
Quiet Logic
Although Kane's argument was
not the pyrotechnical display of
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