The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-05-23
MURDER COUNT
IS TRANSIT ERRED
OUT OF COUNTY
Motion Filed Alleging Fair
Hearing Impossible
Here.
COLLINS GRANTS PLEA
Accused Men May Go to New
Jail Monday.

ID. c. Stephenson, former
grand dragon of the Ku-Klux
Klan in Indiana and his aids,
Earl Klinck and Earl Gentry,
will be tried in Noblesville,
Ind, on charges of numbering
Miss Madge Oberholtzer, %, of
1902 University Ave.
Hamilton County, Of which Mobiles
Vile is the seat, was selected for the
trial place, following filing OF
motion for a change Of venue today
with Judge James A. Collins In
Court. Judge Collins granted
the motion. Judge Fred A. Hines
Of Hamilton Circuit Court will be
the trial Judge.
Judge Hines when notified that
the case had been venued to his
court said he did not see how he
could hear the trial before the Oc-
tOber term The Judge said the
docket Is filed up TO the middle
of July, when, according to long
custom, court will be adjourned
until fall. One murder case
also venued from Marion County,
Is included i'm the docket.
Following the filing of the motion,
Prosecutor William II. Remy con-
ferred with Charles e. Cox, attorney
for the Oberholtzer family and later
suggested three ocunties-Shelby.
Boone and Hamilton.
Hamilton Chosen
Eph Inman. chief counsel for the
defense, said Hamilton was agree.
able to him and he would accept II
without argument. Judge Collins
ordered transcript OF
all court proceedings in the case be
prepared and sent to Hamilton
County.
Stephenson and his aids will be
taken to Noblesville jail probably
Monday. Sheriff Omer Hawkins said.
The transcript of the court proceed
Ings and the formal order for the
transfer of the prisoners is expected
by that time.
Stephenson's motion for a change
of venue alleged bias and prejudice
against the defendants and general
excitement over the case II was
filed by Inman. Ira M Holmes,
who has been conducting the defense
was also in the courtroom.
Prejudice Alleged
The motion stated that the de-
'endants felt they could not obtain
lair trial in Marion county because
II the general excitement. bias and
Drediudice against all the defendants
and due to the odium which attaches
10 the defense OF said defendants.
Stephenson. Kllnck and Gentry
signed the motion.
Judge Collins spoke feelingly on
the change of venue law when the
motion was presented, The law is
unfair to the judges of adjoining
he declared.
There calendars already are
clogged with change of venue cases
from Marion County" he said.
This law is survival of ancient
times. The only remedy is In an
aroused public opinion which Will
compel some legislature In the "a
-ure to amend It," &
History of Case
Miss Cberholtzer died April Ia
from poison self.administered at
Ind, March 16. Accord.
ng to the story she told her parents
md physician, DR.. John X. Kings
Dury, she was lured TO Stephenson's
nome, 5432 University Ave. the
night OF March 10. compelled to
rink something which made her
H.. She said she was taken to a
train and forced to occupy a state
'oom with Stephenson and another
nan. After being attacked and NAL.
-reated she was taken from the train
1t Hammond, Ind, early the next
she said, and taken to a
lotel. She then obtained poison by
| ruse and took IL. Discovering her
her abductors, she said.
brought her back to Indianapolis In
III ltiu llcI a DIlSOneT
IN the garage at Stephenson's
nome over night and returned her
o her own home the next day. Here
she remained until her death.
Indicted Twice
Late in March Stephenson. Klinck
and Gentry. were indicted by the
Marion County grand jury, the for
ner Klan head being charged with
attacking and committing
mayhem upon Miss ober.
holtzer, and with his aids. OF con.
spiracy TO commit relony.
The indictment charging murder
was returned April is. The three
defendants were arrested April 20
and have been in jail since.
The case was set for trial In
Criminal Court June g However
he change OF venue action did away
with this.
More Aid for Remy
Prosecutor Remy probably will
have additional assistance in the
case from Justin A. Roberts,
attorney at Noblesville.
The court house in which the
trial will be held is an old building
but the court room is in good con,
1fffon II will aaaf about 40a