THE DYING DECLARATION OF MADGE OBERHOLTZER
THE KEY EVIDENCE IN THE 1925
TRIAL OF D. C. STEPHENSON
(FROM MY INDIANA BY IRVING
LIEBOWITZ (1964) (PP. 195-203)

Madge Oberholtzer
I, Madge
Oberholtzer, being in full possession
of my mental faculties and conscious
that I am about to die, make as my dying declaration the
following
statements:
My
name is Madge Oberholtzer. I am a resident of Marion County,
State of Indiana,
residing at No. 5802
University Avenue, Indianapolis.
I first met D. C. Stephenson at the banquet given for the Governor at
the
Athletic Club early in January, 1925.
After the
banquet he asked me for a date
several times, but I gave him no definite answer. He later insisted
that I take
dinner with him at the Washington Hotel and I consented and he came for
me at
my home in his Cadillac car, and on this occasion we dined together.
After
that he called me several times on
the phone, and once again I had dinner with him at the Washington Hotel
with
another party.
Subsequent
to this I was once at
Stephenson's home at a party with several prominent people when both
gentlemen and
their ladies were present.
I
did not see him again until Sunday,
March 15, 1925 when upon returning to my home about ten o'clock in the
evening
I was informed by my mother, who said to me that there had been parties
calling
for me on the telephone and saying for me to call Irvington 0492. I
called Irvington 0492 and Stephenson
answered and said to me to
come down if I could to his home, that he wished to see me about
something very
important to me; that he was leaving for Chicago
and had to see me before he left. This was about 10 P.M. Sunday.
His
home was only two or three blocks from mine. He said further that he
was busy
and could not leave, but that he would send someone for me. I
recognized
Stephenson's voice. Soon a Mr. Gentry, whom I had never seen before,
came for me
and said he was from Stephenson's. I walked with Gentry to Stephenson's
home.
When we arrived there we went inside. I saw Stephenson and that he had
been
drinking. His chauffeur, whom he called Shorty, was there also. Shorty
is a young
man. Later a man whom they called Clenck (sic) came in.
Soon as I got inside the house I was very much afraid, as
I first learned then there was no other woman about, and that
Stephenson's
housekeeper was away or at least not in evidence. Immediately upon my
arrival
they took me into the kitchen and some kind of drinks were produced. It
was
then Clenck came in the back door. I said I wanted
no drink but Stephenson and the others forced me drink.
I was afraid not to do so and I drank three
small glasses of the drink. This made me very
ill
and dazed and I vomited.
Stephenson said to me about this time, "I want you
to go with
me to Chicago."
I remember saying I could not and would not. I was very much terrified
and did
not know what to do. I said to him that I wanted to go home. He said,
"No,
you cannot go home. Oh, yes! You are going with me to Chicago. I love you more than
any woman I have ever known." I tried to call my home on
the
phone but could get no answer. Later when I tried to get to a phone
they would
not let me.
These
men were all about me. They took me
up to Stephenson's room, and he opened a dresser drawer which was
filled with
revolvers. He told each of the men to take one, and he selected a
pearl-handled
revolver for himself and had Shorty load it. Stephenson said first to
me that
we were going to drive through to Chicago.
He said for me to go with him, but I said I did not wish to and would
not go to Chicago.
Later
Gentry called the Washington Hotel, at Stephenson's
order, and secured reservation in a drawing room for two
persons.
They all took me to the automobile at the rear of Stephenson's yard and
we
started the trip. I thought we were bound for Chicago but did not know. I begged of
them to
drive past my home so I could get my hat, and once inside my home I
thought I
would be safe from them. They drove me to Union Station in the machine,
where
they had to get a ticket. I did not get out of the automobile all the
way.
Before
we left the house I remember
Stephenson said to Clenck, "You get in touch with Claude Worley right
away
and tell him we are going to Chicago
on a business deal to make money for all of us." Clenck did not go with
us
in the car. Stephenson and Gentry sat in the car all the time with me
until we
got onto the train. We stopped
at the Washington Hotel on the way down. Shorty got out and went in the
hotel
and came back. They would not let me out. I was dazed and terrified
that my
life would be taken and did not
know what to do. Stephenson would not let me get out of the car and I
was afraid he would kill me. He said he was the law in Indiana. He
also said to Gentry, “I think I am pretty smart to have gotten her.” We
got on the train, and although I cannot distinctly remember, I think
only the colored porter saw us. They took me at once into the
compartment. I cannot remember clearly everything that happened after
that. I know Gentry got into the top berth of the compartment.
Stephenson took hold of the bottom of my dress and pulled it up over my
head. I tried to fight but was weak and unsteady. Stephenson took hold
of my two hands and held them. I had not the strength to move. What I
had drunk was affecting me. Stephenson took all my clothes off and
pushed me into the lower berth. After the train had started, Stephenson
got in with me and attacked me. He held me so I could not move. I did
not know and do not remember all that happened. He chewed me all over
my body, bit my neck and face, chewing my tongue, chewed my breasts
until they bled, my back, my legs, my ankles and mutilated me all over
my body. I remember I heard a buzz early in the morning and the porter
calling us to get up for Hammond and Gentry shook me and said it was
time to get up, that we were to get off at Hammond. At this time I was becoming
more conscious and Stephenson was flourishing his revolver. I said to
him to shoot me. He held the revolver against my side, but I did not
flinch. I said to him again to kill me, but he put the gun in his grip.
I had heard no sound from Gentry during the night. Afterwards Gentry
and Stephenson helped me dress and the two men dressed and they took me
off the train at Hammond.
I remember seeing the conductor. I was able to walk to the Indiana
Hotel. I remember begging Stephenson and saying to him to wire my
mother during the night and he said he had or would, I am not clear
about that. At the Indiana Hotel, Stephenson registered for himself and
wife. I tried to see under what name but failed to do so. This was
about six-thirty in the morning. There were in the hotel lobby two
colored bellboys and two colored girls. Gentry, Stephenson went to the
rooms. I had no money. I kept begging Stephenson and say to him to send
my mother a
telegram. I said to the bellboy, "Are there
any blanks
in the room?" Stephenson made me write the telegram
and said to me what to say. Gentry took the
telegram and
said he would send it right away. Stephenson lay down
on the bed and slept. Gentry put hot towels and hazel on my
head and bathed my body to relieve my suffering. We were in room 416
with
Stephenson while Gentry was doing this. Stephenson said he was sorry,
and that
he was three degrees less than a brute. I said to him, “You
are worse than that." Breakfast was served in the room.
Shorty came in about this time. He said he had driven
up in Stephenson's car. Stephenson ate grapefruit,
coffee, sausage and buttered toast for breakfast. I
drank some
coffee but ate nothing.
I
said to Stephenson to give me some
money, that I had to buy a hat. Shorty gave me $15 at Stephenson's
direction
and took me out in the car. Shorty said to Stephenson he had been
delayed
getting there as he could not find the hotel where we were in Hammond. Shorty
waited for me while I went
into a store close to the hotel to get a hat. This was a small black
silk hat
similar to one I have-it cost $12.50. When I came back to the car I
said to
Shorty to drive me to a drugstore in order I might get some rouge. We
drove to
a drugstore near the Indiana Hotel and I purchased a box of bichloride
of
mercury tablets. I put these in my coat pocket. Then we went back to
the hotel.
During
the morning when we were in the
hotel the men got more liquor at Stephenson's direction. Stephenson
said we
were going to drive on to Chicago.
Stephenson made me write the telegram to my mother saying we were going
to Chicago.
Gentry took it.
When
I got back to the hotel with Shorty I
went up to the room. Gentry had a room next to Stephenson. His was No.
417. I
said to Stephenson to let me go into No. 417 to lie
down and rest. He said, “Oh, you are not going there. You are
going to lie right down here by me." I waited awhile until I thought he
was asleep, then I went into room 417. Gentry stayed in the room with
Stephenson. There was no glass in room 417 so I got a glass in 416 and
took the
mercury tablets.
I laid out eighteen of the bichloride of mercury tablets and at once
took six of
them; I only took six because they burnt me so. This was about 10 A.M.
Monday,
I think.
Earlier
in the morning I had taken
Stephenson's revolver, and while Gentry was out sending the
telegram I wanted
to kill myself then in Stephenson's presence. This was while he was
first
asleep. Then I decided to try and get poison and take it in order to
save my
mother from disgrace. I knew it would take longer with the mercury
tablets to
kill me. Later, after I had taken the mercury tablets, I lay down on
the bed
and became very ill. I think. it was nearly four
o'clock in the afternoon before anyone came into the room
where I was. Then Shorty came in. He sat down to talk to me.
He
said to me what was wrong that I
looked so ill. I replied, "Nothing." He said, "Where is your
pain?" and I said it was all over. He said I could not have pain
without cause. I said to him, "Can you keep a
secret?" He said "Yes." I said, "I believe you can,"
and then I said to him that I had taken poison, and said to him not to
tell
Stephenson I was very ill and almost delirious at this time. I had
vomited
blood all day. When I said to him I had taken poison he turned pale and
in a few
minutes he said to me he wanted to take a walk. He then went out. In a
few
minutes Stephenson and Gentry and Shorty came into the room very much
excited.
Stephenson said, "What have you done?" I said, "I asked Shorty
not to tell." Stephenson ordered a quart milk
and made me drink it. I said to Stephenson and the others that I had
taken six
bichloride of mercury tablets, and I said, "If you don't believe it
there
is evidence on the floor and in the cuspidor." Stephenson emptied the
cuspidor into the bathtub and saw some of the tablets and the cuspidor
was half
full of clotted blood.
I
said to Stephenson, "What are you
going to do?” And he said, "We will take you to a hospital here and you
can register as my wife. Your stomach will have to be pumped out." He
said
to me that I could tell them at the hospital I had gotten the mercury
tablets
through mistake instead of
aspirin. I refused to do this as his wife. Stephenson said, “We will
take you
home." I said I would not go home. Either that I would stay right
there,
and for them to leave me there and go
about their own business, or to let me register at
another hotel
under my own name. Stephenson said, "We will do nothing of the kind. We
will take you home." Stephenson said that the best way out of it was
for
us to drive to Crown Point
and for us to get married. Gentry said he agreed with him. I refused.
Stephenson snapped his fingers and said to Shorty, "Pack the grips."
Stephenson helped me downstairs. I did not care what happened to me.
Just
before we left Hammond
I said to Shorty to call my mother up. He said, "If I do that she will
be
right up here." And I said, "What could be sweeter." Stephenson
said to me he had called her. I said to him, "What did she say?" And
he replied that she said it would be all right if I did not come home
that night.
I
don't know much about what happened
after that. My mind was in a daze. I was in terrible agony. Shorty
checked out
for all of us, and they put me in the back seat of the machine with
Stephenson.
We then started for home in the automobile. After we got a piece
Stephenson said
to Shorty to take the auto license plates off of the car, which he did,
and
Stephenson said to him to say if questioned that we had parked in the
last town
we had passed through and auto plates had been stolen. All the way back
to Indianapolis
I suffered great
pain and agony and screamed for a doctor. I said I wanted a hypodermic
to ease
the pain, but they refused to stop. I begged and said to
Stephenson to leave
me along the road someplace, that someone would stop and take care of
me if he
wouldn't. I said to him that I felt he was more cruel to me than he had
been
the night before. He said he would stop at the next town before we got
there
but never did. Just before reaching a town he would say to Shorty,
"Drive
fast but don't get pinched." I
vomited in the car all over the back seat and grips.
Stephenson
did not try to make me comfortable in any way. He said he thought I was
dying,
and at one time said to Gentry,
"This takes guts to do this, Gentry. She is dying." I heard him say
also that he had been in a worse mess than this before and got out of
it.
Stephenson and Gentry drank liquor during the entire trip. I remember
Stephenson having said that he had power and saying that he had made
$250,000.
He said that his word was law. After reaching Indianapolis, we drove straight to his house, cutting
across Emerson Avenue or 38th Street
some way. When we reached Stephenson's
garage he said, “There is someone at the front door of the house." It
was
sometime during the night when we got to the garage, as
I think
we left Hammond
about five o'clock, and Stephenson said to Shorty to go and see who was
at the
front door. Shorty came back and said, "It's her mother." I remember
Stephenson said to me, "You will stay right here until you marry me."
Stephenson,
or
someone, carried me up the stairs into a loft above
the garage. Stephenson did
nothing to relieve my pain. I do not remember anything that happened
all night,
after we reached the garage. I was left in the garage until I was
carried home.
A big man, the Mr. Clenck mentioned before, took me home. He shook me
and
awakened me and said, "You have to go home." I asked him where
Stephenson was and he said he did not know. I remember Stephenson had
told me
to tell everyone that I had been in an automobile
accident, and he said, "You must forget this, what is
done has been done, I am the law and the power." He said to me several
times that his word was the law. I was suffering and in such agony I
begged and
said to Clenck to take me home in the Cadillac car. He said he would
order a
taxi, but finally
said he would take me in Stephenson's
car. He put my
clothes on me and then carried me down to the car and put me in the
back seat
and drove the car to my home. I said to him to drive up in the
driveway. He did
and then carried me into the house and upstairs and into my bed. It was
about noon
Tuesday when we got into the house.
I,
Madge Oberholtzer, am in full
possession of all my mental faculties and understand what I am saying.
The foregoing
statements have been read to me and I have made them as my statements
and they
are all true. I am sure that I
will not recover from
this illness, and I believe that death is very near to me, and I have
made all
of the foregoing statements as my dying declaration and they are true.
MADGE
OBERHOLTZER
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