The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-30
Stephenson Asked Him for
Protection, 0berhoItzer
Tells Jury.
CITES DEATH BED SCENE
Dr.. Kingsbury's Testimony
Is Admitted to Evidence.
BY Times stan Correspondents


gator for Marion Criminal Court
and the Marion County prosecutors
office. was asked to protect Stephen
son and his aids on their trip to and
from Hammond while Miss ODER
holtZer was in their custody, was
the testimony of George Oberhoitzer,
father Of the dead girl, who hp-
peared on the stand late Thursday
afternoon.
over the concerted objections Of
defense attorneys, Prosecutor VIII
liam II. Remy succeeded in draw
ing from Oberholtzer a minute de-
scription of the conversations which
took place between the broken father
and his dying daughter.
81 was trying to encourage her.
but she'd always say. It's no use,
Daddy" Oberholtzer explained i'm
distress.
II sat on the edge OF the bed and
she told me to hold her hand. oh,
Daddy she said. that was the long
est ride from Hammond to Indian
apolis.'" Oberholtzer continued.
Shorty" called Claude WOr-
ley from the Washington Hotel
and told him 10 fix it up to pro-
tect them on the trip at Steph-
ens0n's direction she told me.
asked her why she didn't jump out
and she said, why, Daddy, l had
no shOw--StephensOn on one side
of me and Gentry ON the other,
with guns i'm my sides threatening
to shoot me through il made an
cutlery"
Admission OF the foregoing state
ments precipitated a group of objec.
lions from the defense. who con.
tended that nothing more than a
suicide had been shown. Judge
Sparks explained his opinion that
that was a matter for the jury to
decide.
Virtue Dear
Suppose her virtue were dearer
to her than her life-then death
would be her alternative Sparks
declared.
Floyd Christian, attorney for the
defense, declared opposing attor-
neys ought to be allowed time to
discuss this phase of the law with
the court before proceeding further.
"Oh. no. Wen not lose any time
now on arguments" Sparks re-
Piled.
Follows Doctor
nhorInltza-. IaJ folIoruo,F nv. TOtan
Kingsbury on the stand. The State
scored an important point when
Kingsbury was allowed, over strenu-
Gus objections by the defense, to de-
scribe the girls wounds. and relate
the story he said she told him of
her trip to Hammond. Ind, with the
three defendants, her return after
taking poison. and how she was
smuggled into her home after having
been denied medical aid by them.
Mrs. Oberholtzer, the girls mother.
and Mrs. Eunice Shultz, who lives at
the Oberholtzer home, were State
witnesses who preceded KinSsbury.
Doctor mistaken
On cross examination Kingsbury
was mistaken by Eph Inman. chief
defense attorney, although the lat
ter pointed out some minor discrep-
ancies between his testimony today
and his testimony at the bail hear
ing in June, and at the coroners in
quest last April.
81 have told you the same thing
in substance, if not in detail said
Kingsbury. frankly, refusing to be-
come confused.
Mr.. 0berhOltzer's testimony was
to the effect that his daughter
was 4 graduate of the IrvingtOn
common school, Manual Training
High School. and Butler Uni
vcrsity, and that his daughter
was a good girl.
He further said that when she left
home in response to telephone call
Sunday night he was in bed with
the FLU" and knew nothing of the
affair until about an hour before
she was carried into their home the
next Tuesday. Then he and his wife
were downtown to hunt her.
Attorney Chrles L. Cox, who was
questioning Oberholtzer for the
state, asked:
Received Telegram
Before you went to the Union
Station was your attention called to
telegram
1T was" said the father.
From whom, had 1t Gomez
1--WE object" shouted the defense
attorneys in unison. The telegram
is the best evidence"
Sustained" said Judge Sparks.
During the testimony of the
father. an intense argument arose
as to whether he should be allowed
to testify to a conversation he had
with Madge while she was on her
death bed.
After much parley. Judge Sparks
allowed the conversation to go to
the jury.
whether virtuOus woman
holds her virtue dearer than her
lie or her lie dearer than her Vir-
tue il attacked by superior forces,
and whether those superior forces
were bound to take that into con-
sideratiOn, is matter fer the Jury
to decide, and therefore. he may
testify" ruled Judge Sparks.
Kingsbury told his story in an
easy, deliberate manner, speaking
freely and loudly. He said that he
was summoned by phone to the
Overholtzer home. arriving there
about 1870, March II. That he went
up stairs to Madge's home where
she was on the bed.
Her face was pale, body cold,
clothing disheveied. There We're
two or three decorations on her
left chest. On her right cheek