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

Smith refused to be shaken IN MS
testimony by the veteran attorney.
who poured question after question
at him, on the preparation OF the
document, and the validity of
Madge's signature.
Smith took the stand after Judge
Sparks had overruled the motion of
the defense to stop the trial and dis
charge the jury. The jury was ex-
Guided from the room while defense
and State attorneys argued.
The motion was made on the
ground that Judge Sparks had made
prejudicial remarks before the jury,
Thursday afternoon.
The remarks to which the defense
took exception were made by Judge
Sparks while George Oberholtzer, IA
Their of Madge, was on the stand,
and were relative to the defense
theories that Madge committed sui
eide instead of being murdered.
Judges Remarks
- Part of the remarks the judge
made were as follows:
Whether a<virtuOus woman
holds her virtue dearer than her
life or her life dearer than her vir-
tue if attacked by superior forces,
and whether those superior forces
were bound to take that into con-
sideratiOn, is a matter for the jury
to decide, and therefore he may
testify" ruled Judge Sparks.
The judge also indicated in his
talk, according to defense contention.
that the theory of suicide can not be
made in the trial.
such remarks are more dam
aging to the defendants than any
testimony that could be introduced, 4"
said Floyd Christian, defense at
torney presenting the motion.
This is a case of suicide, not
homicide" Christian shouted.
"We ask that the submission
of evidence be stopped and the
jury be discharged" said Chris
tan, $50 we can start all over
i'm this case with clean hands.
This is a very Gear case, and the
defendants are entitled to fair
trial"
Christian told the judge that the
motion and the defense argument
were not made in spirit of animos-
ity to the judge, but only to guar.
antee the defendants a trial under
due process of law"
That the defendants are reach
ing point of honest concern
over the seriousness of the case
resulting from the testimony in
trOduced by Prosecutor Re-
my Thursday, was written on
their faces. Stephenson sat at
the defense table with his chubby
fists pOked into his face and a
trace of worry visible on his coun-
tenance. klinck and Gentry also
followed the argument with much
interest.
Here we have a statement made
by the court in all good faith, but
we think the court has committed
very grievous error" said Christian.
w lIelL IIlC COut " q JOI
bears great weight"
Christian said that all the crimes
in Indiana are defined by statute.
No Statute
There is no statute il this case
covering this murder charge as out
lined in this indictment" he shout
ed.
Appeal Certain
Defense attorneys will appeal the
case if conviction is obtained, they
stated.
1--WE have enough errors i'm the
on appeal" said Ira NJ. HolDies,
one of the defense staff, who is
noted for his success i'm appealing
criminal eases in Supreme Court.
Judge Begins
Adjusting himself easily in his
chair, Judge Sparks began:
Gentlemen, the situation as j
see it is just this:. OF course, /
wouldn't say anything to the jury
that would jeOpardize the defend
ants. That / have not done.
This is one court, / think, that
has done less to influence the jury
than any / know. To say they (the
jury1 would follow my instructions,
instead of yours, is i'm conflict with
my experience. OF course, you are
all i'm earnest i'm the case, but /
think you're taking yourselves a
little too seriously"
"All yesterday, you had the
privilege of asking tie jury to
step outside and make your re.
marks. It's not my duty to sug-
gest those things to you" Judge
Sparks shot at the defense. 1t
Was easily understood.
You didn't ask the court to dis
cuss that matter Thursday. You
asked for ruling.
Natural Consequence
ut seems to ME Gentlemen,
that the fundamental conditions
i'm this case are we'll established
The Jaw provides that If man
commits a felony, he is bound to
anticipate the natural and reason
able consequences of that act. I
did not tell the jury 1t was the
natural consequence of the act,
but it they find the suicide the
natural and reasonable cOnse-
quence of the act, it's up. to them
to do a certain thing.
II don't agree with the defense
counsel when they say a blow is
necessary. Floyd Christian, defense
attorney previously had used the
word blow in general sense, as
being necessary to the commission
of murder.
II think a murder can be COM
mitted indirectly, and so the de-
cisions say.
Cites Case