The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1925-10-30
Defense Charges Prejudicia|
Remarks Made by
Sparks to Jury.

Opdl kS W Jul "
Prosecutor Remy began to work
around to introduce the written
death statement" which Smith pre-
pared from memory after Madge
\ had told him the history Of the trip
in different conversations. The wit
& ness testimony was interrupted by
frequent objections.
did you serve in the World
WARP" asked Remy. &,
Eyes, did,"
Defense Alert
The defense objected, fearing the
prosecutor was about to submit
Smiths war record, and the fact
that he was wounded as a marine
at the battle of Belleau Woods, and
since that time has suffered from
(. shell.shock. Remy evidently was
afraid that Smith, who.is easily ex.
cited, would become confused on
3 cross examination and create a bad
impression. Remy wanted to get
. the fact to the jury it seemed that
Smith was shell-shocked.
II had a boy who did the same
( thing-served in the war;" said Eph
Inman.
Eyes, it's not material" said Judge
Sparks.
Secretary to New
Smith then said that he was
& private secretary to Senator Harry
4 s.. New at Washington, D. c., for
year. He has practiced law since
1917. he said.
do you know the Oberholtzer
family?" asked Remy.
K Yes"
During last March when Madge
Oberholtzer disappeared from home,
did you receive notice of it,"
Yes" replied Smith. "They talked
8 to me on the phone before she was
/. found"
Before she was brought back,
state whether You went to Steph
ensOn's home in Irvington."
Went With Two
! YES" replied the attorney. Miss
Ernina Moore, and Mrs. Oberholtzer
went with me-"
Miss Moore was a friend of Madge
. and worked at the State House.
What time did you go to the
: Stephenson home?"
Monday evening, March 16. We
must have reached the house about
Il p. m. When we got there,
stayed in the machine while the two
women went to the front door,"
While you were in the car did
. you see anything?"
IL saw a closed car, a sedan,
drive into the Stephenson yard
and drive back to the garage. The
/. ear, when it reached the garage,
the lights snapped out, and l could
hear barking of dogs from that
garage. Then some lights were
made in the garage, the car went
in, and the lights went out"
Did you see, or learn anything of
Madge Oberholtzer that night?
mo, sir, Mr.. Reny. there is
something / forgot. The dogs
quit barking. A short young man
came from the garage and went
up on the porch" =.
4 do you know who he was?"
2 asked Remy, while the eyes Of sew
+ cral jurors turned to Stephenson,
8 expectantly.
Stephenson Busy
The later busted himself with
pencil.
mo sir" was Smiths reply.
Mrs. OberhOltzer and Miss Moore
we're on the porch. talking to some
man in dressing gown, who had
answered the door, and the man
from the garage talked to them.
was at the curb. Miss Moore
and Mrs. OberhOltzer came back
and / took them home"
"At whose suggestion did you go
to Stephenson's homer" '
>'At my suggestion" said Smith.
The witness was nervous, and sew
eral times corrected his answers.
"IIad you been hunting Madge
Oberholtzer?"
Eyes sir, ever since her mother
called me-"
did you see Madge Oberholtzer
the next day?"
Eyes, she was at home, in bed. 1t
was Tuesday. Yes, it was Tuesday
/ am sure.
"Who else was present."
Mother Present
Mrs Oberholtzer took me up, and
she was present all the time, Oh,
she may have gone out of the room
a few minutes once or twice, or
something like that"
"Did you have any conversation
with Madge?"
Eyes. She said I'm done for.'"
Smith said that Mrs. Oberholtzer
showed him the bruises on Madge's
chest
at was solid mass of bruises,
black and blue, some of them
bIoOdy-appearing. Yes, black and
blue. Bloody-appearing." said the
witness, as if looking at mental
picture, while slight shudder ran
through his frame.
What did she say to you and you
to her?"
Defense Objects hi
Christian, safety man of the de-
Tense, whose duty it is to scent dam
aging testimony, leaped to his feet.
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