The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-05-09
MURDER CASE
COUNTS UPHELD
Continued From Page u

ment, as the motion was self-ex-
p~lanatory.
Facing Cox, he said: Just a lit
tie counter to the pert remark Of
the COUNSEL may say that, If you,
as representative OF Indiana. feel
that there is no merit in this mo-
ton and you wish the State TO take
It's chances on that theory, that you.
sir, are at liberty to do so and we
are satisfied"
This is exactly what we intend
to do" Cox replied.
Judge Collins took a hand.
"Now that counsel have INDUCED
n unnecessary repartee the court
will rule" he said. He then over
ruled the motion.
Throughout the hearing the de
pendants sat in the jury box, Ste
phenson being i'm close converse
ton with his secretary. Fred
Butler. Stephenson wore the
same brown suit he wore on his
appearance in court last week
It was freshly pressed. he was
clean shaven and he smiled
throughout the proceedings.
Holmes Joins Defense
Ira NJ. Holmes, Republican cleo
ton commissioner, sat at the table
with Inman throughout the hearing.
Afterward Holmes announced he
would take an active part in the de-
Tense.
The motion to quash was based on
these grounds:
That the facts attempted to be
stated in the indictment do not con
stitue q public offense.
That the indictment does not state
the offense charged with sufficient
certainty.
That the allegations and state
ments in the indictment do not de-
fine or constitute a crime.
That the indictment is ambiguous,
duplicitous, indefinite, vague and un-
certain, and does not advise the de-
PENDANTS Of the nature Of the charge
and accusation made against them
WIFI SulllClSuI CtIldllllJs
Stephenson In Court
Inman asked Judge Collins to
order the three defendants brought
into court. The judge replied that
this would not be necessary in an
oral argument, but that it was their
privilege to be present. When In
man stated they desired to be pres
ent, they were brought into court by
Deputy Sheriff William Anderson.
The three were handouffed together.
Another case was in progress and
box, where Stephenson held a long,
whispered conference with Inman.
Other Suits Set
Hearings on various legal cases
IN which Stephenson is involved
will come up within the next two
weeks. Damage suit for $125 900
brought by Stephenson against Wal
ter Bossert of Liberty, Ind, Khan
leader In Indiana, and II. Wesley
Evans, former imperial wizard of
the Khan, charging them with arson
of Stephenscn's yacht, Reomar II,
at Toledo, Ohio, last year, is set for
trial Wednesday in Federal Court.
Hearing ON attachment proceedings
brought by Floyd w. Mattice, attor-
ney for Mrs. Nettie Stephenson
Brehm of Poteau, Okla, who claims
she is S~tephenson's divorced wife,
directed against Fidelity and Deposit
Company, a bonding company, and
the real estate at 5432 University
Ave-, is set for Tuesday before Judge
James A. feathers, Superior Court 1.
Property Sought
Attachment proceedings brought
by Mattice in the same court to at
tach furniture and other property
of Stephenson will be heard May 20.
According to Mattice. Claude Wor-
ley, $3.50 2. New York ST., Criminal
Court investigator, has possession of
valuable rugs, while other furnish
ings are It 2461 Park Ave, in a
house rented by Fred Butler, Steph-
enson's secretary.
Morley said he had purchased the
rugs. Butler insisted he knew moth
ing about the case Officials Of the
real estate company from which the
house was rented said Mattice's
statement vas correct.