The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1929-11-15
STATE CLOSES
CASE AGAINST
MRS. kILNER
Judge to Give Ruling Today
on Motion for
ACquittaI. e
DEFENDANT IS VERY ILL
States Case Is Strength
ened by Testimony of
Coroner Keever.

Rullng on mOtlon 10 dlrect L1e
criminal court jury to acquit Mrs.
Jeanette Kilner, 81, in the second
degree murder case in which she is
charged with shooting her husband,
Edwin, "a, May l, was to be given
this afternoon by Special Judge
Ralph K. Kane.
Rested at 1920
The motion, which requested that
the jury be instructed by the trial
court to find the woman not guilty,
was filed shortly after the state
rested its case at 1920 a. m.
1t held that evidence submitted
by the state was conflicting, in
harmonious and was insufficient to
sustain the second-degree murder
charge against the defendant.
Deputy Prosecutor Paul Rhoad-
armer debated with Special Judge
Kane nearly two hours on the ques-
ton whether the states chain of
circumstancial evidence was sufi-
cient to back the charge on which
Mrs. Kilner is being tried.
Kane took the position that the
testimony of states witnesses, show
ing that Mrs. Kilner was alone
in the house with her f1us-
band at the time of the shoot
ing, was an inference based on an
inference.
"It must be shown by direct In
fiuence that Mrs. Kilner was the
person who carried the revolver to
the bed where the shooting took
place" Kane Said, "and can not
assume that"
Judge Kane overruled a motion
of Paul Rhoadarmer, chief deputy
prosecutor, seeking to strike out de-
fense motion. Arguments of state
and defense counsel followed.
Overcome with grief and seriously
i'll, Mrs. Kilner today had to be s*-
sisted into criminal court.
Defense Is Jared
Maholm told Kane that Mrs. KJl-
ner is on the verge of pneumonia
and a cot may have to be brought
into the courtroom for her conveni-
ence today. She was attended Ivy
nurse and physician at the opeD-
ing of court.
When, she entered the courtrooln,
Mrs. Kilner experienced an emo
tional attack when greeted by
friends and had to be quieted be-
fore the court opened.
States attorneys forged the
strongest link in their chain of evi-
dence pointing toward Mrs. Kilner's
guilt in the testimony last Thurs
day Of Coroner Charles H. Keever.
He insisted the husband had been
dead about fifteen hours before the
conscious form of Mrs. Kilner was
discovered beside him. The coroa
ner testified that her head wound
was bleeding freely when he investi.,
gated, while the husband had dieS
many hoIUs before.
A second round of damaging eyi-
dence came in the testimony of Mira.
Mabel Winklepleck, 1903 Somerset
avenue, a states witness. She de-
tailed a conversation with Mrs.
Kilner prior to the fatal shooting,
in which the elderly widow declared
that a tragedy was impending Ia
the Kilner home"
The witness said Mrs. Kilnsr
called her to her residence and
there behind a locked door "said
she would kill every damned
member of the family"
States case, conducted by Paul
Rhoadarmer and Harry Cause,
deputy prosecutors, is expected TO
consume the whole session today.
Police Officers Testify
Witnesses for the state Thursday
we're Sergeant John Sheehan, Pa
trolman Arch Ball, fire arms expert;
and Detectives Patrick Roache and
Louis Fosetti, each Of whom In
vestigated the shooting.
Sergeant Sheehan narrated how
Mrs. Kilner, lying in a conscious
condition shortly after the discovery,
resisted his effort to remove the bed
covers from her in a search for a
revolver.
Each time tried" Sheehan said.
"she screamed loudly and clutched
the covers so that I could not re-
move them"
Later, however, a revolver con-
tanning three fired shells was found
near the foot Of the bed beneath