The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1932-01-19


ing his conviction in the Hamil
Stephenson's appeal had
been pending in the high court
more than six years.
The affirmation of the low
er courts decision closes the
last avenue by which Steph-
enson may gain his freedom,
except one, a petition for a
writ of error coram nobis,
which is pending still before
the supreme court.
The action of the court affirming
the life sentence was announced in
forty-two-page opinion marked
only Per Curiam."
Judge Clarence R. Martin, In
dianapolis, Republican, and Walter
Treasonor, Bloomington, Democrat,
did not concur in the action of the
court, and filed separate opinions,
concurring and dissenting in parts
of the opinions and dissenting in
their conclusions.
Two Favored New Trial
The two judges held that new
trial should be granted Stephenson.
Judges who voted to affirm the
judgment as announced in the
anonymous opinion we're Curtis w.
Roll, Kokomo, Democrat; David A.
Myers, Greensburg, Republican, and
Julius g. Travis, Laporte, Repub-
lican.
The murder charge upon which
the life sentence was imposed upon
Stephenson by the Hamilton cir
cult court on Nov. 16, 1925, grew out
of trip taken by Stephenson and
Miss Oberholtzer from Indianapolis
to Hammond and return on March
1917, 1925.
Stephenson on the trip to Ham
mond on a night train is alleged
to have committed a criminal as
sault upon the girl.
The next day while in Ham
mond hotel and during the absence
of Stephenson, she swallowed BIZ
chloride of mercury tablets, which
she purchased at a drug store.
Miss Oberholtzer died at her home
here on April ID, 1925.
Intimidation Charged
Stephenson and his bodyguards,
Earl Klenck and Earl Gentry, were
indicated by the Marion county
grand jury. The two guards we're
acquitted, but the prosecution head
ed by William H. Remy, then prose-
cutor, with Ralph K. Kane and
Charles E. Cox special prosecutors,
obtained the dragons conviction and
he was sentenced to life imprison-
ment.
Stephenson was represented by
Eph Inman and Ira Holmes of In
dianapolis, and John Kiplinger,
Rushville.
Then opened Stephenson's battle
for freedom in which intervention
of the federal courts were sought,
and writs of habeaS corpus asked.
There now is pending the petition
for writ of error corum nobis, in
which the dragon alleges that he
was inundated from taking the
stand in his own behlf.
Responsibility Upheld
The majority of the court in it's
per curium" opinion rejected
Stephenson's contention that Miss
Oberholtzer'S independent act of
suicide supervened between his at
tack-which resulted in wound
on the breast that completely healed
and her death, by holding that
the jury had right to consider
him responsible for her act in TAX
ing poison.
The opinion held that the allie
cation in the indictment that Miss
Oberholtzer was disturbed with
pain and shame" when she took
bichloride of mercury was sufficient
to charge that she was irresponsible
mentally at that time, and that the
evidence was sufficient to show
that "at all times from the time
she was entrapped by Stephenson
at his home till she was returned
To her home two days later she
was in the custody and absolute
control" Of the dragon.
eff a defendant" said the court
engaged in the commission Of a
felony inhicts upon his victim both
physical and mental injuries, the
natural and probable result of
which would render the deceased
mentally irresponsible and suicide