The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-04-18
here IS text
OF INDICTMENTS
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liberty, in the drawing room of the
aforesaid car on the said train, dur.
ing the process of the same train to
the city of Chicago until the city
of Hammond was reached; and said
defendants did unlawfully and fe-
loniously while so holding possession
of the body and person of said Fadge
Oberholtzer as aforesaid, and so re-
straining her of her liberty in the
drawing room of the aforesaid car,
upon the body and person Of the
aforesaid, the said Madge Oberholt.
ger. commit an assault, and did un-
| lawfully and feloniously in a rude
and insolent manner strike beat,
bite and grievously wound with the
lawful and felonious intent her, the
said Madge Oberholtzer to ravish and
carnally known, forcibly and against
her will, and said defendants when
said train arrived in said city of
morning Of the seventeenth day of
March, 1925, still unlawfully and fe-
loniously, while so holding posses.
sion of her, the said Madge Ober-
| holtZer, and so restraining her of
her liberty as aforesaid, did cause
her to depart from said car OF said
train and enter the room of a hotel
in said city of Hammond and to
occupy a bed with said defendant,
Stephenson.
That thereafter on the said
seventeenth day of March, 1925, in
the said city of Hammond, the said
Madge Oberh0ltzer. distracted
with the pain and shame so in
flicted upon her by the said de-
PENDANTS, aforesaid, did prOcur and
swallow into her stomach a large
quantity of daddy poison, to wit;
bichlOride of mercury;
That said defendants on said day
with full knowledge that she, said
Madge Oberholtzer had taken such
poison as aforesaid, and although
requested by her so to do, did UNI
lawfully felomiously and wilfully
wholly fail and refuse to procur for
or furnish to her, the said Madge
Oberholtzer any antidotes for said
poison or any attention or help from
any physician or anyone skilled in
counteracting the effects Of said
poison, although they and each of
them were then and there fully able
to procure such antidote and the
help of such physician;
Auto Trip
That said defendants did. on the
afternoon and night of said March
II. unlawfully and feloniously, by
force of arms and by duress and by
putting her, the said Madge Ober-
hotter, in fear, holding possession
of the body and person of said Madge
OberholtZer and restraining her of
her liberty, place her in an automo-
bile and by said vehicle did transport
her back to the city of Indianapolis
and did during said night and until
near noon on March Is so hold pos.
session Of her body and person mad
restrain her Of her liberty as afore-
said in a room in a garage of said
defendant Stephenson, and did at all
times during said return and at all
times during the Imprisonment of
her, the said Madge Oberholtzer, in
said garage, unlawfully and feloni-
ously wholly fail and refuse to fur
nish or provide for or to administer
to her any antidote for said poison,
and did unlawfully and feloniously
wholly fail and refuse to procure for
her or to furnishe her any atten-
ton by or help from any physician
or any one skilled in counterecting
the effects of said poison, although
they, said defendants and each of
them were then and there fully able
to procure such antidote and the help
Of such physician; that thereafter
she, the said Madge Oberholzter,
did at and in the county of Marion
did die, from the effects of her
wounds inflicted as aforesaid, and
said poison taken as aforesaid.
Charge Murder
Wherefore, the grand Jurors
aforesaid, upon their oath afOre.
said, do charge and present that
said defendants did. by the man.
ner and means aforesaid, her, the
said Madge Oberholtzer, unlawful.
~, felOniOusly and with prcmed-
itated malice kill and murder. con-
trary to the form of the statute In
such case made and provided,
and against the peace and dignity
of the State of Indiana.
The first count tells the entire
story and the last three take up
the charges separately.
Count Two
Count 2 charges that the de.
PENDANTS "unlawfully and purposely
caused to he administered to the
said Madge Oberholtzer by her own
hand. a certain deadly poison, COM
monty called bichloride OF mercury,
whic hthe said Madge Oberholtzer,
acting under fear and duress and
the compulsion OF said David G.
Stephenson, Earl Gentry and Earl
Klinck, then and there swallowed
into her stomach and body by
which she then and there and there.
by died"
Count charges the defendants
with making IAN assault upon the