The Indianapolis Star from Indianapolis, Indiana • Page 3

THE INDIANAPOLIS -STAR, SATURDAY, NOVEMBER 7, 192.5. "Was Klinck around the any?" "I don't know, I never went to the ATTORNEYS REVEAL OPE COURT ROOM SCENE AT MURDER TRIAL. THREE THEORIES IN hmwvmfii Iff ivlPI yLgm i i. i 1 1 1 1 iii i i defense, sustained by the court. The attorney himself then read the extraet and asked, after reading that doHth never occurs after the twenty-fifth day: "If Witthouse said that, he's wrong, Isn't he?" Dr.

Williams asked for the book from which Mr. Cox was reading. After he looked at the publication date, he replied "This book was published In 1011. The ease I referred to, where death took place after forty-five days, is much later." During afl the cross-examination of Dr, Williams, Dr. Ylrcil H.

Moon, professor of pathology at the Indiana university school of medicine, one of the expert medical witnesses for the state, sat at the state table with Mr. Cox and prompted, the attorney on questions, writing out some of the queries. "After Dr. Williams's unexpected re. ply Mr, Cox then read of another case where death had occurred in twenty-three days.

"You wouldn't doubt that, would you doctor?" he asked. "Oh, no," Dr. Williams replied. "I didn't see the case." Questioned on Statement. "You say, then, that the statement the longest case on record Is twenty-five days Is Incorrect?" "1 say It Is Incorrect." "You say there Is a longer period lapsing death ensued in a case?" "I do." "Tell us where that Is recorded." "In the J.

A. M. (Journal of the American Medical Association.) Dr. Williams said lie read of the case in 12I but that lie did not know the exact date. "What wire the partiuilars of that A PART OF THE CROWD WHICH P.VCKKI) THE HAMILTON IIKCIIT COIKT BOOM YKSTKRDAV AT THE TRIAL OF I).

C. STEPHENSON, EARL KLINCK KARL GENTRY ON A CH ARGE OF Ml'RDRK IN CONNECTION WITH THE DEATH OF MADGE OBERHOLTZER OF INDIANAPOLIS. THE CROWD IS A SAMPLE OF THOSE WHICH HAVE ATTENDED THE TRIAL DAILY. HUNDREDS OF THE SPECTATORS REMAIN IN THE COt'RT ROOM THROUGH THE NOON HOUR, FOREGOING THEIR LIXCH IN ORDER TO HOLD ADVANTAGEOUS SEATS. Inman paired a moment, then launched the question: "Dr.

Smiley, do you recall one occasion whin you prescribed for Mr. Stephenson 'w hen there was a woman $34.50 $39. (2 I'nirs of Pants) (2 Pairs of Pants) (2 Tairs of rants) Have vou met our Mr. Watson (chief of credits) TONIGHT? I TILL 9. i that show their smartness to the world but withhold the evidence of their excellence from the price tags 1.50 H'csf Washinyion St.

VEGA BANJOS In Various Designs "Everything in Music" 27 EAST OtfiO STREET Huine-Mansur IUdg. Phone MAln 4292 nue ami the company engages in rebuilding and repairing railroad cars and a general foundry business. SERVICE CLUB TO HEAR EX-ENVOY WILSON SPEAK Henry Lane Wilson, formerly United Stales ambassador to Mexico, will ad' dress the Service Club at its nooh luncheon Monday at the Hotel Lincoln, It was announced yesterday. It also has been announced that John R. Me-yuigg, new national commander of the American Legion, will make his first public appearance here at the Sendee Club luncheon, Nov.

1(1. Your Holiday mr 1 Remy then asked if it wr not a fact tjmt all prisoners were taken to the state institutions before 8 o'clock In the morning. "It is now," Kempf replied, "since we have got three more deputies." "The only day you remember now about taking prisoners away," snid Ilemy, "is March 17 the day they were trying to frame nn alibi fur Klinck?" "We object We object the defense counsel shouted In unison, and Mr. Inman made a request that the I mark be stricken from the record and the Jury be instructed not to consider it. "It may go out," said Judge Sparks.

The question was refrained and put to the witness who answered that he checked on the dates with the receipts and the Jail ledger. Two Others Corroborate Story. William Anderson and Leonard Koffel, -additional deputy sheriffs, followed Kempf on the witness stand and corroborated he testimony of Carter and Kempf. Each said they saw Klinck start for the state farm with four prisoners and said they saw him later go to the woman's prison with Frankle Knight. The same kind of questions were asked these witnesses by Remy, hut when he asked Anderson If he knew "on whose recommendation Klinck was made a deputy sheriff," the court sustained an objection.

Koffel was asked regarding the perfunctory search made by Sheriff Hawkins after the murder indictment was returned on April 20, saving they had" looked for the trio at the Hotel Washington and the Seminole hotel on North Alabama street in Indianapolis but could not find them. He said they did not look for them at. Stephenson's home. "Do you know a man named Straltor?" Remy asked. "No." "Do you know Carl Losey?" "Did you ever talk to him about this rase?" Koffel said he had not talked to any person about the case.

"Do you know a man named 'Shorty' DeFrelsz?" is the person who Is alleged to have driven the auto which carried Stephenson, Gentry and Miss Oberholtzer from Hammond to Indianapolis the afternoon of March 17). Koffel said he did not know "Shorty" and never had talked with him. Physician Wltne, Court opened promptly at 9 o'clock with Dr. John W. Williams, an Indianapolis physician residing at Shelby street, on the stand.

Dr. Williams, in telling his medical experience, said he was a graduate of the Vnlversity of Wisconsin and of Washington university at St. Louis, Mo. He spent nine months as an Interne In the i I Methodist hospital at Indianapolis, he said. According to his testimony, he has had from ten to fifteen cases of bichloride of mercury poisoning under his personal observation, of which all but two cases resulted fatally.

He outlined the various means in which the poison might be taken -into the system, "and declared that absorption of the poison begins almost immediately when it is taken into an empty stomach. "In your judgment," Mr. Inman asked, "If a person took forty-five grains of bichloride of mercury poison into an empty stomach, after a lapse of six hours could medical aid be of any value?" 'Xfter six hours," Dr. Williams re-piled, "the case would not recover." This question was followed by the usual, hypothetical question propounded to the witnesses yesterday, which outlined the details of the. alleged occurrences In the Stephenson case, and concluded with the following question: "Assuming these tilings as I have related them to be true, what, in your opinion, caused the death of Madge Oberholtzer?" Rlamrs 1'oUon.

"Bichloride of mercury," the witness replied without any hesitation. Dr. Williams was shown the bottle of mercury and testified that the tablets would dissolve quickly if they jvere placed in water. Several other questions were asked by Mr. Inman regarding the physician's opinion 9s trf the cause of the dentil of Miss Oberholtzer, and he remained unshaken in tils belief that the mercury, nnd no other cause, brought about her death.

Dr, Williams was turned over to the state for cross-examination, Charles K. Cox, assisting in the prosecution of the case, him why he had been writing In a notebook during the propounding of the hypo thetical question by Mr. Inman. "I was not writing," the witness replied. He explained that he had Jotted down some dates related by the defense chief counsel.

"Is your memory so treacherous that you can't depend on It for the dates?" Mr. Cox asked. "I think it better not to make mistakes," the witness replied. "Answer my question, please," Mr, Cox demanded, think my memory is as good as any one's." Asks If Stephenson Treated. "Did you ever treat D.

C. Stephenson for delirium tremens while you were at the Methodist hospital?" Mr. Cox queried. Before the witness could reply, an objection by the defense was sustained by Judge Sparks. Dining the objections the cross talk of the attorneys became so bitter that' Judge Sparks rapped his bench heavily with his gavel and reprimanded them.

"Hereafter," the court said, "If you have any remarks to make, address them to the court. Xot that I want to be talked to, but If you can't talk to each other pleasantly, talk through me." When Dr. Williams told Mr. Cox there was no antidote for bichloride of mercury in a strict ense of the word, the attorney attempted to trip him up in his testimony, but the witness kept a clear head and remained unshaken in his declaration. "You appeared here to testify for the defendants," Mr.

Cox said. "Are you doing so as an expert?" "No," Dr. Williams replied. 'Merely as a practitioner in general medicine." "Not as an expert, then?" Experience Defended. "As expert as those persons are In their experience," was the comeback.

"Oh," returned Cox, "as one who has practiced in and out of hospitals for only five years." Dr. Williams, in reply to a question from the state's counsel, said death after taking bichloride of mercury poisoning would ensue at any period from thirty minutes to forty-five days. The usual time for death to take place, he said, Is from one to twelve days. He could not be shaken In this statement, in spite of the fact that previous experts testifying for the 'state had declared death occurs from five to twelve days after taking the poison, Medical authorities which were read to Dr. Williams also failed to deter him in his statement.

After some of the medical textbooks were read to him, Mr. Cox asked: "You agree with that, don't you?" "No, sir," Williams replied. "I don't. There are many other opinions." Tries t-o Have Witness Read. Mr.

Cox attempted to hav the witness read aloud from the textbook, but waa halted by an objection from the First Intimation of Plans' to Free Trio in Oberholtzer Death Given. COXCLl'DEt) FROM PAGE ONE, pears in thq court record, follows, In Jiart: iQ. Do you know David C. Stephenson? A. Yes.

Q. How long have you known him? A. The past two or three years. to the Jury whether you know Madge Oberholtzer? I met her one time, And state whether or not at that time she was with David -C. Ste-jihenson? A.

She was. Q. And where did you meet her? A. Columbus, Ind. Q.

And just detail to the jury the circumstances under which you met Madge Oberholtzer when she was with David C. Stephenson? Mr. Kane The state objects. The Court Objection sustained with exceptions to the defendants. Mr.

Inman Relations with the par-tins? The Court Yes. If it has anything to do with the main part of this case urilllncr to licor it MflkP your offer to prove. Mr. Holmes I want to fix the time first. Q.

When was it, doctor, that you David C. Slephenson with Madge Oberholtzer? Rome time last January. Q. January 'of this year? A. Yes.

Mr. Holmes Now the question Is renewed at this time. Offer to Trove. Mr. Holmes The defendant, David Stephenson, offers to prove by this that in January, 19215, he met Ihe witness on Main street in Columbus, Ind.

that the defendant was in nn automobile with Mndge Oberholtzer Accompanying him and that he held a conversation with this witness In Madge Oberholtzer participated. The Court He can answer that' question all right. You can have the witness answer as to that, but that is Xowanswer the question on that offer they 'expect to prove. Don't state what the conversation was. A.

Can I state the facts leading UP to it? The Court The offer says they Expect to show that you met Mr. Stephenson in an automobile with Miss Madge Oberholtzer and that you held a conversation with them in which Madge Oberholtzer participated. You can testify to those facts. Well, I was standing on the corner of Fifth and Washington streets talking with Clawson, a friend of mine, and it happened that 1 live in an apartment at that corner and there was a large automobile drove by to the. curb and somebody said, "Well, hello, Docs;" we looked up, It was Mr.

Stephenson; we stepped over to the curbing and clown in the street by the side of the in v.11,1. iiuiLnil ami Hhnn rar nnu hands with liim, passed the time of day, and he says, "Well, Mr. Kane Xo, not the conversation, wc object to that. A Well, he Introduced us to Miss Oberholtzer. qKow was there any conversation rngaged in there at that time in which Madge Oberholtzer said anything; just answer that yes or no? A Yes.

qNow I will ask you to state, to the Jury what was said? Mr. Kane The state objects to the conversation. Again Offers to Prove. Mr. Holmes The defendant, David (4 Stephenson, offers to prove by this witness that in January, 1925, at the time referred to above, the witness was present at the automobile of the defendant, Stephenson, and that Madge Oberholtzer said to the witness, could they get a drink, that the said no, he was not that kind of a Doc, he was a dmitist, and Madge Oberholtzer said to the witness, "Well, can we get some alcohol?" to which the witness said "Maybe I could get some alcohol but who would drink alcohol, or who wants to drink alcohol?" to which Madge Oberholtzer replied.

"I can make a good drink with alcohol," and the witness said he could not obtain any; that Stephenson said that It would not be necessary as they had had all that was, well for them to drink. The Court Now, gentlemen, that comes within this rule that the relations and the acts between tha defendant and the lady who waa the subject, of the or who was charged with having lost her life, are admissible but with no one else; the relations that tend to prove conduct are admissible where the defendant himself is involved but not with others. The Court The objection will be overruled with exceptions to the state. Mr, Holmes And the witness may CUTS-SORES Cleanse thoroughly then, without rubbing, apply V. VapoRub Ovt if Million Jan Ytarly KIEFER-STEWART CO.

Distributors, Indianapolis. THNTM? TT made with kREAI FRUIT CONSTIPATION IF YOU HAD A NECK A8 LONG ASTHI8 FELLOW AND HAD SORETHROAT TOIISILIIIE Tht National SortThtoatRnui; SHOULD QUICKLY RELIEVE IT AIM DRUGGISTS NOBLESVILLE TRIA ALL "1thF) DOWN i saying he was going fishing, lie said he did not s-e Klinck until the next day. On March 17, Carter snid, he saw Klinck nt the county Jail. "What (lid Klinck do there Tuesday noon?" "I saw him take four prisoners to the I in liana state farm In an atito." "When did you next sen Klinck after you saw him load the prisoners into the auto," continued Holmes. "At 1) nr 11:30 a.

m. on March 17, back nt the jail," replied Carter. "When did you leave Klinck on March 17?" "At o'clock in the afternoon," Carter said. Carter Cross-ExnmlnecV The state then assumed cross-examination. William H.

Remy, Marhyi county prosecutor asked Carter several definite questions regarding his actions on various dates, evidently testing his memory. "On the of March did you and Klinck make an arrest?" demanded Remy. The witness consulted his record book before answering. "Yet in your previous testimony concerning Klinck you have used only your memory?" suggisted Remy. "Yes," Carter returned.

"Rut isn't it true that all these events have been recalled to your mind very particularly?" lie was asked. "Yes," answered the; witness. "And It took you three days to get Stephenson after the Indictment was returned, dldrj't it?" the prosecutor demanded. Carter replied that the Indictment against the trio or the, grand jury capias for their arrest did not reach the sheriff's office for some time after it was returned. When court convened following the noon recess, Mr.

Remy continued cross-examination of The witness denied any knowledge of Kllnck's connection with Stephenson and said that when Klinck was indicted for murder he was. discharged from his deputyshlp. "What did you do In the matter of arresting Stephenson?" Mr, Remy asked. Defense counsel sought, to ward off a reply to the question, but their objection was overruled. Carter answered that he first went to the Consolidated building.

(The trio was placed under arrest In the Consolidated building on Monday morning, two days after returning of the indictments Into open court and after a perfunctory "man hunt" bv Sheriff Hawkins.) Carter vigorously denied any knowledge of a "prearrangement of arrpst" and said he had been told fcy Klinck that the trio had been on a fishing trip. He then was put through a series of memory tests by Remy, who asked the witness regarding dates of other arrests. The witness could not remember particularly regarding other arrests. The witness said he had talked with Mr. Holmes, who had been conducting his direct examination, about a month ago about the present case, lit: snid he never was acquainted with Stephenson.

Dr. Smiley Recalled. Direct examination by the defence was Interrupteel after Carte was excused tq permit the slate to recall Dr. Orval Smiley of Indianapolis, who testified yesterday for the defense, for further cross-examination. Mr.

Cox took up the The witness denied he had talked with or been talked to by any one regarding his testimony in the casa. "Don't you know Dr. "John W. Williams?" Mr. Cox referring to a witness for the defense who testified early today.

"No," Dr. Smiley replied. "You mean to say you don't know him; never heard of him before?" "No," Mr. Cox asked the witness regarding some authorities quoted by him during his testimony yesterday. He questioned the doctor as to the dates of publication of the treatise and referring to Blythe's "Works on Toxicology," brought the statement from the witness a mistake had been made yesterday when he referred to the author as "Blair." "Where did you get this book?" Mr.

Cox asked. The witness was hesitant about his reply, and after asking Judge Sparks, whether he would be required to answer, said he obtained it from a "Dr. Fiske." "Did not Dr. Williams bring this book to you?" "No." long have you practiced medicine?" "I was graduated in 1010." Mr. Cox then asked Dr.

Smiley If he had ever "compounded any patent medicines or remedies," and over the objection of the defense, the witness denied that he had. "Did you have any connection with the Standard Veterinary Remedy Company?" He said he had and the state exhibited a newspaper advertisement advertising the properties of the company's veterinary products. Further questioning was halted through an objection by the defense, and the witness was again taken by the defense. Under questioning by Mr. Inman the witness said his connection with the veterinary company was merely a financial one.

Treatment of Stephenson. "Doctor," said Mr. Inman, "you were asked whether you ever treated Mr. Stephenson In the Methodist hospital for delirium tremerSs. Did you J.J to SO Interstate Car and Foundry Company to Be Name of Concern.

Organization of the Interstate Car and Foundry Conipnny, with a directorate composed of George J. Diver, who Is manager of the present Interstate Car Company; It. Meyer, the superintendent, nnd Krank fi. Scott, was announced yesterday. It understood that the new company is a prelinilnH.ry move for a reorganization of the Interstate Car Company, in which reorgHiiizntlon Eu gene II.

Darraeh, president and treasurer, will retlr from active management of the car company. Mr. Darraeh could not he reached last night for a statement regarding the proposed reorganization and his retirement from active control of the car company. The plant of the Interstate Car Company is at 3S31' Massachusetts ave- Select -4 Selection New NEW COMPANY IS ORGANIZED HERE UM 1 1 Apparel' thT wait holiday attire, valor, now, Inducement to allowance on The rvrriillonal Ht.vlloh rouU, easy terms. Special $22.50 And New diana Wental college; I told him I hail been a.pproached by Mr.

Kane That 1s not admissible. Q. Did Miss Oberholtzer engage in that conversation? A. She or what was stronger, that I ought to have it, it would make good gin. Q.

What are you referring to that you ought to have? A. Alcohol. Q. What elA was snid, if anything, in that connection? A. Well, Mr.

Stephenson turned the conversation then. A. Well, we discussed you mean what she said? The Court What all of them said. What everybody said? Q. Yes.

A. That would be hard to do, to toll the whole conversation. Substanre of Talk. substance o( It as best you can A. Well, I talked to Mr.

Stephenson rerardinir the trio that he had made to Columbus once before, and 1 in vited him down to go fishing anil he said that he would come, and I alked around to the other side of the car to talk to Mr. Stephenson personally, and talked, 1 think, probably five minutes and I heard law1 son say, "Well, maybe Allstock has some, 1 don't, 1 don't use It," and on hearing my name, 1 says, what is that, and Clawson said well, something, said about alcohol and and I told her I didn't use it, being a chiropractor, but you, being a dentist, would probably have some; 1 says, no I don't use it, my position does not allow it and I don't use alcohol in "my I don't even have an alcohol and Mr. Stephenson said, that is enough of that, now, you are not feeling any too well this evening, anyway," and that terminated the conversation; something was said then in regards to between Mr. Stephenson and I In regard to the purchase of the In- "Did you see her any more after i "I saw her once after that In Stephenson's office; it was shortly after or Just before that night, I don't know which. I was up there on the dental college matter." "Where was Miss Ohrrholtaer In the office?" "She was sitting in the reception room." "Did she have her wraps off or on?" "She had on a hat, but no cloak." Tills was about 4:30 o'clock In the afternoon, he said, and he had no conversation with Miss Oberholtzer on that occasion.

Turned Over to State. Dr. Allstock then was turned over to the state for cross-examination. Mr. Jvane took up the questioning and queried him at length on the residence of the witness during ins term in the Indiana Dental college.

He fired question after question to the witness regarding the date and time of the alleged conversation with the defendant and Miss Oberholtzer at Columbus, but the witness answered doggedly that he could not state definitely She -date or whether it was. before nr after he had seen the girl in Stc'hen-son's office In Indianapolis. Adjournment of court at o'clock Interrupted the cross-exandnatlon and Mr. Kane will have the -witness when 'court resumes tomorrow morning. Mrs.

Householder testified that she und her husband separated last Christmas and that he had gone to the, Oberholtzer home where he had taken a room. She said she had known Miss Oberholtzer by sight for eighteen years. "When did yflu last see Miss Oberholtzer?" Mr. Holmes asked. saw her once early last spring." she with anybody at that time?" a strenuous objection was made by the state, the question was withdrawn.

"State whether ynu ever saw her at the police station." objection was made by, the state and sustained by the court. "Tell whether your husband lived at the Oberholtzer homei" "He did." "Did he leave his automobile there?" Another objection was sustained. "State whether you ever saw Madge Oberholtzer with your husband." Judge Sparks again sustained an objection and the defense counsel then said they would make an offer to the court to prove their evidence. After a consultation with the court when the offer was made. Judge Sparks refused the offer and sustained the objection.

The jury was taken from the room and Judge Sparks announced that the defense-could not prove the character of the girl by specific act, because of court decisions to the contrary, but declared they would be permitted to introduced character evidence if proved by reputation. Mr. Holmes told the court that the'r action was based on the, remarks of the court at the beginning of the taking of evidence, 'the subject of which was theforfelture of life by a girt In defense of her virtue. The court was adamant, however, and after the jury was brought back into the room the witness was excused without further questioning. First Alibi Witness.

James Carter, a deputy sheriff under Omer Hawkins, sheriff of Marion county, was' the first witness used by the defense to establish an alibi for Klinrk. Up to this time, the only connection shown between and the other parties In the esse was that Klinck- was st the Stephenson home the night of March 15. purchased and gave the Pullman ticknts to the Pullman conductor st the t'nlon station for the alleged ride to Hammond, and that he took Miss Oberholtzer to her home on the morning of March 17. Carter said he knew Klinck as a deputy sheriff, and testified that he saw Klinck at the county garage at the rear of the Marlon county jail about 9:30 a. March He said that a car was cleaned up fprJSllnck and that he left the next day'lr Terre Haute, ca se "I Just know of it.

I don't remember the particulars." "You have no knowledge except your memory?" "My. memory and my eonveisntions with other, doctors." The witness snid he had talked w'th Dr. Orvlllu Smiley, who testified yesterday for the defense. He snid'the persons mentioned in the report had died from a single dose of the poison. Akei About Improvements.

"Do you k'now of any Improvements since HMO which have reduced the fatalities In bichloride of mercury poisoning to per cent?" Mr. Cox asked. "I am telling what I know from my own experience." "How do you account for the reduced fatalities?" "I don't attempt to account for them." "'ou don't know!" Mr. Cox declared. "You don't know! Ton don't know Dr.

Williams, In reply to a request from Mr. Cox, told how he would treat a case of bichloride of mercury po-sonlng. "If authorities recommend washing the stomach twenty-four to forty-eight hours after the poison is taken, you think that's wrong, do you?" "If he says that the bichloride of mercury stays there six hours I say he's wrong," Dr. Williams said. "But If he says to wash out the stomach at Intervals to get the ricrotlc contents out, then it may be.

all right." "Who hired you In this case?" "Mr. Holmes." "What did he promise you?" "Nothing definitely." "Did you have any understanding?" "Well, I expect $100 a day." "Prompted" by Oefrniie. Dr. Williams declared he had not been "prompted" as to ills testimony by the defense counsel, nnd that the defendants' attorneys did not know when he took the stand what lie would say in reply to their question. "State whether It would have been of service to Mftdge Oberholtzer if she had had medical attention after six hours?" "It would not." The witness snid the glii's life neither could have been saved nor pro longed, and that nothing could have been done for the girl to save her life after noon of March 17.

the day she wns taken tj her home In Irvlngton. Dr. Williams stated emphatically that his opinion could not be changed under the existing conditions. Mr. Cox asked the witness a question regarding chloral hydrate, commonly known as "knockout drops," and their effect.

On redirect examination Mr. Inuinn asked the witness whether, if a person Is given chloral hydrate, the person could remember incidents that occurred linnieilinti'ly afterward. Dr. I Williams replied that the person could not recite the occurrences, and that, depending upon the quantity given, could not remember what occurred for from four to twelve hours afterward, He was excused shortly before the noon recess, nnd Carter, a deputy sheriff of Marion county, wns called to stand. ANOTHER DAYTON MAN, IN DEBT, ATTEMPTS ROBBERY CONCLUDED FROM PAGE ONE.

under a pile of cans. Then he confessed. "I had to go to prison anyway," he said, "and it was Just a question which one. Federal offic is were pressing me for a $1,000 fine and $-00 Income tax payment, I had failed to make. I thought 1 could get away with this and them off." The entire ease closely parallels that of the "phantom bandit," 'rcd Nickol, president of Is cm manufacturing concern.

Nickol pulled off a daylight robbery of another branch bank and escaped with but was captured a week later and also confessed. Here again pressure of business troubles and overpowering debts were given as the primary motives in the case. Both robberies were planned deliberately. Nickol pleaded guilty, and now Is serving a ten-year sentence, in the penitentiary'. Arretted as Dsotlrgf er.

On several occasions Oabler has come to the notice, of the Dayton police department, but never in a criminal way except once, when lie was arrested for bootlegging. AVhen Kloos gave his description to Inspector nf Detectives Yendes immediately after the robbery, he was able to make such a close and detailed one that Yendes suspected Gabler and started his investigation In that direction. When arrested Gabler was dirty from the work of his bench, his hands were steeped In oil and grime and he had all the appearance of a mechanic. The Gem City Engineering Company has been in opvatlon several years, and Is located In the rear of Gabler's home. Federal officials had not confirmed the statement of Gabler that he was facing arrest for failure to pay his income tax.

Police, however, say he hag never made a return of his income. Following his detailed confession to police, Gabler was taken to cell where he is swaltlng his arraignment before Municipal court authorities. AUTO CASE CONTINUED. A. case In which Jesse K.

Mellett, 24ol Park avenue, is charged with assault and battery groing out of an automobile accident at Meridian street and Fall Creek boulevard on July 29, was continued again In the court of Judge Dn V. White yesterday until Nov. 30. with him?" "I do." "Where wns that?" "pn North Meridian street, the twenty or twenty-one hundred block," Dr. Smiley answered.

"When was this?" "It was the last nf February of this year." "Describe the woman." "She was a young woman, evidently an adult of 2 or 2.i or "i years of age. She had black hair; it was cut bobbed. She was .1 feet 0 or 7 Inches in height and weighed 135 to 140 pounds. Her skin was fair. She had a very striking appearance about her eyes." "Did she have heavy eyelashes?" "I don't recall, except that there something striking about her eyes." "Did you learn her nnnie." "No.

I didn't and nobody told me." "How did she act?" "She was very affectionate toward Mr. Stephenson, putting her arms about hi in and trying to comfort him. She seemed the only one there who could get him to quit talking and quiet down," "This was at the time when Mr. Stephenson was feeling the Influence of overwork and lack i of sleep, and perhaps the effect of a few drinks?" "Yes." "Was this rkirlng the night or day?" "At night." "What time?" "About 8:30 o'clock." "Do you recall the date?" "Feb. 28, I believe." Mr.

Inman asked If this was during the legislative session, and Dr. Smiley said that he did not recall. "Well, if it was on Feb. 2S, it was during the session of the Legislature," Mr. Inman said.

Mr. Cox re-examined Dr. Smiley. "Don't you know, doctor, if this woman was one of several ycung women working about his office?" "No." "You said you had treated a man at Stephenson's house?" Dr. Smiley said he had.

"Did you ever treat a drugged woman at Stephenson's house?" "No," the witness declared. Prescribed at Hotels. Mr. Inman again took up his examination of the witness, asking; "You prescribed at some Of the hotels fot Stephenson?" "Yes." Do you recall any hotel In particular? He lived mostly in hotels; during the legislative session he was at the Claypool." "i saw him at the Washington hotel twice, 1 think. He seemed to keep a room there." Dr.

Smiley did, not recall the room number. The witness then was excused. Flrnt Turnkey TeKtiflen. AJter Dr. Smiley wasicxcused, the defense called Frank Kempf, another Marliyi county deputy sheriff, to the stand.

He said he had been a deputy sheriff since anil In March, was the first turnkey in the outer office of the Marion county Jail, where he received and discharged all prisoners. He said he saw Karl Klinck in the turnkey's room at the Jail, when he turned over to the defendant four prisoners who were to be sent to the Indiana state farm at Futnamvllle. He said Klinck left In an automobile about 8:30 a. m. for the state farm; and that he next saw htm at 11 or 11:30 o'clock at the jail when he was given a receipt by Klinck for the four prisoners delivered at the farm.

The receipt which he said Klinck returned was Identified. Kempf 'then said he saw Klinck eating dinner in the Jail. After dinner, he, with a matron, took Frankle Knight, a convicted negress, to the woman's prison in Indianapolis, leaving the Jail about 12:30 o'clock. The receipt was brought back fnr this prisoner later and Klinck went "out on the road," the witness said, to catch speeders and liquor law violators. The two receipts then were placed In.

evidence over the objection pf the state and were read to the Jury. Kempf Crosn-Eiamlned. On cross-examination, Kempf said he had known Klinck about two years, but did not know what his previous occupation or his residence had been. He said an "outsider," some one other than a deputy sheriff, went with Klinck to the state farm, and he could not tell who it was. He was asked by Mr.

Remy why he remembered this particular rase of prisoners being taken away, Mr. Kempf replied that there were unusual cases Involved. "Mescal and Bruner were taken away," he said to "Mr. Remy. "You remember them, because you prosecuted them." He explained a delay in Kllnck's return from the woman's prison by saying "they were slow at the prison because I've waited an hour there myself for them to take a prisoner." "When did you first see these receipts?" Remy asked.

"On March 17." He said he remembered the occasion because when the prisoners were being taken away, they -were "klddln' Klinck about the St. Patrick's day parade." Remy askel the witness regarding the taking away nf other prisoners and as a memory test, asked Kempf where he went on Feb. 22. "I went to Sunday school," Jmpf replied, "and heard you make a talk." you?" Remy asked. "1 don't remember that." The prosecutor thn consulted a notebook and remarked: that's right." "I see you carry a notebook, too," Mr, Inman said to Remy.

"Was Klinck assigned to D. C. Stephenson to work for him while he was on the pay roll of Marlon county?" Mr. Remyasked. "I don't know," (tempi said.

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