The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-14

ellSCL Oh the jury
"I'll say to you frankly, If she
went there willingly, there's no
case. IT'S written here on the I'M
deniable book of evidence that
Madge Oberholtzer was the unwill
ing companion of this desperate tri-
umvirate.
whats the story, gentlemen?
Why, it's the most scurrilOus in
the history of the ages. Trapped
i'm a garage loft; two blocks from
her home-dying!
Don't let the defense befuddle
you about this story. Madge Ober-
hotter told you a coherent story.
She was drugged-of course she
didn't know the exact route she took
through the Union Station. The Pull
man conductor identified Gentry and
Stephenson. So did the porter. They
registered. We didn't have to call
a handwriting expert as Mr.. In
man suggested, to identify the writer
Of wv. B. Morgan and wife, We
had the man who held the pen, and
wiggling his finger at Stephenson.
Raps Imam
Kane observed the solemn COM
placent look on Inman's face as he
gazed over toward the defense table
and could not refrain from taking
a jab at the portly barrister.
Il,
boiled owl, looked like an affidavit
as he stood before you.
THAT isn't all; they go to the bed
room. The bell boy picked him out.
Why, Stephenson looked like he was
taking a dose of ipecac when that
coon laid his hand on his shoulder.
Shorty DeFrieze-where is he?
He's your man, not ours-where is
he?"
Kane next turned to the historic
night when Madge was brought back
to Indianapolis and rallied at the
defendants for doing nothing to allay
her pain.
'Now, let's take another step in
the history of this outrage" said
Kane, lowering his voice to a con-
versational tone. He had been yell
ing at the top of his voice in the
faces of the jurors.
Praises Smith
"These gentlemen don't like Asa
Smith. How happy they would be if
they had his character. He was born
in Hamilton County. His mother
sleeps in a church yard in Tomlinson
neighborhood. He's one of the ma
tons heroes. He came back from
the battle of the Argonne, terribly
wounded. He's no Stephenson, he's
no Klinclk, he's no Gentry"
Kane said that Smith, when he
learned that Madge would die, wrote
the declaration and that he deserved
credit for so doing.
"When the dread news came
from the sick room, this poor girl
couldn't recover, and that any evil
dence would have to be as a dying
declaration, Smith wrote it down,
God bless him. He brought the
evidence i'm the court which
clinches this case, and will send
those men to the place where they
belong. That's why they don't like
Asa Smith.
"These men raped Madge Ober-
hotter, attacked her, kidnapped her,
but the State can't use the dying
declaration in those cases, under the
law. 1t can only be used in homicide
cases, yet these hired and paid Grim
inal lawyers who wouldn't be here
unless for the filthy dollars Of the
men who manipulated the Legisla-
ture, had the effrontery to attack
Smith,"
Kane then described Madge's
deathbed scene. He walked about
in front OF the jury holding his
arms alOft fO.' at least five min
uteS.
"NO, they sped on and on,
through the night, and instead of
taking this poor girl to a doctor,
they locked her up in garage,
while her own mother, stood out
side.
"Oh, My God! When he got hei
this bottle of milk, that was altru-
istic of him, wasn't it? That measely
little bottle of milk. Wanted to mar
ry her--coward.
Wore No Hat
"Theres some things you and /
know. If Madge Oberholtzer had
gone willingly with Stephenson that
night, she would have done it by
pre-arrangement-she would have
worn a. hat.
"On that fateful Sunday, Madge
was out with her friend. She was a
happy joyous girl, and little dreamed
Of the fate that awaited her. While
she was out, that telephone rang