The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-19
JUDGE SEEKS TO SPEED
UP SLOW JURY PROCESS
} Girl Witness, Former SeCre-
tary of Accused and
Sorority Sister of Miss
OberhoItzer, Missing
State Passes Twelve Men.
BY John L. Niblack and
William L. Toms
Time Staff Correspondents


CIRCUIT COURTROOM,
NOBLESVILLE, Ind, Oct. 49,.
Defense of d. G. Stephenson,
Earl Klinck and Earl Gentry,
on trial here on charges of
numbering Miss Madge Ober-
holtzer, Indianapolis, will be a
technical one, including the
theory of reasonable doubt that
the trio committed the crime as
alleged, it was indicated here
today by questions put to tales
men by Eph Inman, chief de-
fense attorney.
Judge Will M. Sparks endeavored
to speed up the slow process of OBJ
tanning the jury as the second week
of the trial opened. He urged attor-
neys to limit their questioning Of
prospective jurors to facts unques-
tionably pertinent.
Judge Sparks said that unless
prospects improved by Wednesday
he would call a third special venire
of 100 men.
Witness Missing
1t was learned that one of the
States chief witnesses Miss Marian
Darr of Greenfield. Ind, Stephen
sons former private secretary, is
not in the State, within reach of
the subpoena. 1t is said -rhe has
gone to California. Miss Darr is a
member of the Pi Beta Phi Sorority
of Indiana University. Miss Ober
holtzer was also a Pi Phi of the
Butler chapter.
The defendants paid comparative
ly little attention to the routine
questioning of the talesmen, al
though Stephenson, at times made
notes on their replies The air Of
tension evident as court adjourned
lIucIy wac llOI PlCOCllI W oO(li GIL
extent.
Among the spectators in court
were George Oberholtzer, father Of
Madge, and her brother, Marshall, of
Linton, Ind.
Inman's Questions
Questions which Inman asked Murl
Lambert, 40, Sheridan, Ind, insur-
ance agen, the 109th man to be ex-
amined, were typical of those asked
other veniremen. Lambert said he
was married, had four children,
aged II to 1S, including two daugh-
ters. He said he knew none of the
Oberholtzer family, States attorneys
or Indianapolis detectives present.
He said he read Of the case in the
papers.
These men, under the law, are
presumed to be innocent of any
thing and everything they are
charged with" said Inman. Would
you be willing to give them the bene-
fit Of that law?"
Absolutely.
''If you should sit as a juror and
hear the whole case to the end and
then have a reasonable doubt as to
their guilt, would you acquit them?
That's the law, and you'd do it,
wouldn't your"
eyes"
"The burden is on the State, you
know" said Inman. "These men
are not required to prove their in
nocence, or prove anything. That's
the law. Would you yourself re-
quire them to prove their innO-
cence before you would vote for
acquittal?"
Just state that again please. u
asked Lambert.
Stresses Doubt
Inman rephrased the question, adj
ding that the State must prove the
defendant guilty beyond all reason
able doubt before the law allows a
verdict of guilty.
I'D expect the State to prove
, them guilty." Lambert said finally.
Lambert said the sex question, the
fact that the person alleged to be
murdered was a woman, would not
make it a different murder trial than
If the deceased had been a man.
''Would you allow any outside
influence, any political influence or
the wishes or determination Of
either friends or enemies of these
men to influence your verdict?" /.
mo sir. I would be fair to both
the State and Defense" said the
talesman, "I would make up my
mind a ftat. L had heard the xuhola