The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-21
ONE TALESMAN RESISTS
3 CHALLENGE MOVES
Judge Refuses to Excuse
Farmer When He Says
Defendants Should Be
Proved Innocent Before
They're Turned Loose.
BY John L. Niblack and
William L. Toms

CIRCU 1T COURTROOM,
NOBLESVILLE, Ind, Oct. 81.
- Hopes went glimmering
again today for a jury to try
d. C. Stephenson, Earl Gentry
and Earl Klinck for the alleged
murder of Miss Madge Ober-
holtzer of indianapolis.
At a moment when final selection
Of a jury seemed a matter of only
a few hours at the most, the de-
fense sprang a surprise by exercising
a peremptory challenge on stephen
Hales, proprietor OF a Noblesville
seed store and one Of ten men be-
lieved certain to hold a seat among
the twelve.
Three Challenged
Then an hour OF the morning ses.
sion was taken in the examination
of Roy McCord, farmer. In answer
TO whether he would require the
State to prove the defendants guilty
he said:
II think they ought to prove
themselves innocent before they're
turned plumb loose"
The court overrulod the third
challenge for cause by the defense
against McCord. Inman again
pressed McCord for his attitude re-
garding the presumption OF limo
cence.
"Will you follow the law, or your
own bent Of mind?" Inman asked.
"The law" McCord answered. Nc
Cord remained in the box.
AS court adjourned Tuesday eve
ming it seemed that eleven men then
in the box were acceptable to both
sides, but this morning Eph Inman,
chief attorney for the defense, in
addition to challenging Males, ex-
cused Frank Klingensmith, farmer,
another veteran, and succeeded in
having John Hall, farmer, another
one who has occupied a seat in the
box a good while, excused because
of opinion.
Kane Excuses One
In turn Ralph Kane, assisting in
the prosecution. challenged Roy o.
Bower, Arcadia, plumber, for
having an opinion, and he was let
go by Special Judge Will NJ Sparks.
State then turned the jury over to
the defense.
Then the wordy battle was on to
fill the chairs vacated by the four
men, with prospects that others of
the eight talesmen remaining may
also be released. For the defense
has used only five OF its twenty
peremptory challenges and the de-
fense six.
Talesman after talesman was
called during the morning session, in
futile effort to fill the four vacancies.
David r. Huff, called shortly before
the dinner hour, was the 150th man
who has occupied a seat in the Jury
box.
After the examination Of McCord
was finished the defense interrogated
and excused Otto M. Fisher, John c.
Clarke, finally passing on David r.
Huff. Further questioning of other
jurymen prompted the defense to ex
cuse Don B. Jenkins, Frank Ian.
dis. Otis Zimmerman and Arthur
Hosmer. j. j. Johnson took Hos.
mer's chair and was questioned by
the defense at the opening OF the
session.
Others examined and excused
were: Harley w. Forsythe, Johns
Emory, Ozro Cox.
Little Interest
Noblesville Is taking very little
interest in the proceedings to date.
When the actual trial begins, how.
ever, the town expects a boom. and
restaurants there are making prepa.
rations to meet large crowds.
1t is expected that the third spe.
cial venire of 100 men will begin to
be drawn on this afternoon. as sew
eral of the other two venires were
excused by Judge Sparks, without
being required to appear for ques-
tioning.
The jury box In the afternoon was
Of the following men; Vern
II. Fisher, Harry T.. Talbert, Thomas
Jacob Dawson, Roy Nc
Cord, Grant Carey. Sherman Shields.
Lotus Spaugh. David r. Huff. ]. j.
Johnson, w. o. Inman and Frank