The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-11-13

"They gave her one bottle of
milk and then another just as any
good doctor would have done. The
doctors say, and have said it re-
peatedly, that the injuries could
not and did not cause her death.
ut is a plain case of suicide"
Holmes repeated in an outburst of
eloquence.
II say to you, gentlemen Of the
jury, there is no evidence in this
case at ALL"
Pleads for Klincl
Laying particular stress on the
connection of Klinck with the af
fair, Holmes made an impassioned
plea for hkis exoneration.
care you going to convict Earl
KlincI of murder because he took
her home? Because he came into
the kitchen while she was taking
a drink?
"Why isn't frankie Knight here
to say I<linck didn't take her to the
women's Nrison, the afternoon of
March It? The State of Indiana had
just as much right to bring frankie
Knight here as it did to bring those
officers and prisoners from the State
Farm"
Holmes pointed out to the jury the
possibility of the State Farm in
mates having testified the States
way in order to assure themselves
clemency when their time for parole
arrives.
"There isn't a deputy sheriff alive
who would drive car and have in
the back seat unguarded one bur
glar, two highway robbers and one
bootlegger, any one of whom might
take his life for the sake of liberty.
They were desperate men.
Resting this case OH Madge
OberhOltZer's dying statement
alone, Earl Klinck is entitled to an
acquittal." Klinck, with a calm
look on his face, was rocking con-
stantly back and forth in his chair.
Holmes brought before the jury a
number of legal citations to support
his contention that Miss Oberholt-
zer's death was suicidal. He then
began to riddle the testimony Of the
States expert witnesses, laying par
ticular emphasis on DIR. Virgil H.
Moon, professor of pathology at the
I u. School Of Medicine.
Moon Shine
"You have seen DR.. Moon sit with
the State. He was their moon and
Nat time he shone with brilliancy.
He is a theorist."
Referring to the alleged dialogue
between Miss Oberholtzer and Ste
phenson in the Pullman compart-
ment, Holmes said. "'Oh dear, put
the gun up was a term of endear-
ment. You've got a right to infer,
because it corresponds with what
she said at Schultze's home, Dear,
don't you think it's time we'd bet
ter start?'"
InsinuatiOns that the Khan, the
anti-KIan, and the newspapers are
some of the influences against
Stephenson, were made by AttOr-
ney Holmes in the opening of his
speech. He also advanced the
theory that Madge Oberholtzer
was the voluntary member of the
party and that Asa j. Smith, Ober-
hotter family attorney, deliber-
ately wrote the girls dying declar-
alton himself to get money from
Stephenson.
81 have yet for the first time to
see Mr.. Remy come before a jury
and admit that defense witnesses
take the stand with anything but lies
on their lips.
IF Mr.. Remy is so anxious to
show the truth of this case, won
der why he doesn't draw the curtain
and let you see the influence behind
this case. Think of it, gentlemen,
printed in the public press before the
officers charged with the duty Of ar
resting the defendants knew about
the indictment. This detective, Nc
Murtry, who went to the Washing
ton Hotel with his Irish army OF
McGlenn, Mcdonald and others, took
four newspaper reporters with him.
Did you ever hear of officers going
out to make an arrest and taking
newspaper reporter along?
"It has cropped out in this trial
that Mr.. Stephenson was once con-
nected with an organization, and
that he quit for some reason. 1t
has been shown Mr.. Stephenson had
some Influence in the organization