The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1928-12-19
Steve STARTS
NEW BATTLE
FOR LIBERTY
Files Petition for Writ in
Supreme Court, Claiming
Evans Plot.
LIFE PERIL is CHARGED
Declares Hamilton Circuit
Court Used as KIan
Vengeance Agent.

D. G. Stephenson today began a
new, desperate effort to win free
dom from Indiana state prison for
life, where he was sentenced for
the murder of Madge Oberholtzer
OF Indianapolis in 1925.
His newest attorney, Felix Blank
enbaker of Terre Haute, filed in
state supreme court a petition for a
writ of corum nobis, alleging, among
other things in fifty page brief,
that the Hamilton circuit court,
where Stephenson was tried, was
used by Hiram Wesley Evans, i'm
perial wizard of the Ku-Klux Klan
as instrument of vengeance" to
destroy Stephenson, once Indiana
grand dragon
Feared to Testify
The brief alleges Stephenson
feared to testify in his murder tria!
because of danger to his life.
The petition amounts to a plea
that the trial to be re-opened be-
cause of new evidence.
He asks that hearing be held on
the proposed writ, which would per-
nit introduction OF new evidence,
such as contained in the brief, OH
JAN 5, 1929.
Aff1davits from Stephenson make
these charges:
That fraud was practiced on the
trial court, substantial justice was
defeated, mob violence supplanted
due process of law, threats of death
kept the defendant from testifying,
hired gtnmen, caused demonstra-
tions in the courtroom, and, al
though not guilty, Stephenson was
not permitted to take the stand.
Charged With Plot
Evans is charged with conspiring
against Stephenson with w. Lee
Smith, Eobert w. Lyons, Joseph M.
Huntington, Rollie Granger and
Frank L. Dobbs.
The brief attacks Evans in SEN
sational language.
1t alleges that Stephenson did not
kidnap or assault Miss Madge Ober-
holtzer, for whose murder he was
convicted.
1t alleges that Asa Smith, who
aided the prosecution as a witness
and was counsel for the Oberholtzer
family, tried to settle with Stephen
son for money.
Tells of QuarrelS
That Prosecutor William H. Reny
knew of the conditions keeping Ste
phenson from taking the stand, as
did his own attorneys. That his at
torneys made no attempt to stop
Remy from using that against him
in the closing argument.
The brief itself is accompanied by
two appendages from Stephenson,
one setting forth his quarrels with
Evans during the time he was with
the Klan and the other being an
impassioned plea for freedom.
Blankenbaker first served notice
of his appearance as attorney in the
corum nobis procedure on Attorney
General Arthur l.. C1illiom. He then
brought the affidavit of Stephen
son, restricting his appearance in
the suit to the corum nobiS action
unless written consent is given by
the defenant, to the supreme court
clerks office.
Next he secured permission from
the court to introduce the motion
for corum nobis hearing and the
briefs. The move will be opposed
by the attorney general
Denies Political Power
Gilliom announced that he will
send copies of the briefs to PYosecu-
tor Remy, Ralph Kane and Charles
E. Cox. The latter two were Remy's
assistants in prosecuting Stephen
son.
Stephenson denied his alleged
political power in the 1925 legisla-
ture in the brief and declares that
Lyons created the slogan attributed
to him, Il am the law in Indiana %
Lyons did this to discredit him,
he alleges.
He also denied any orgies at his
Irvmgton mansion.
The brief contends that Evans
came to Noblesville and personally
aroused mobs against Stephenson
Stephenson makes ringing ap-
peal in his old khan address man
ner in appendage two filed with
the brief
Makes stirring" Appeal
"If I am guilty of the hideous
repulsive charges purported to have
been proved against me, then no
punishment is adequate to the
crime" he contends.
"If I am not guilty, then indeed
it would be the blacklist smirch ever
placed upon the name of Indiana to
permit this conviction to stand"
In closing the statement he says
Stephenson the politician is
dead-but the individual has a right
to live"