Ella May Staples - Matron

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Ella May Staples - Matron

Postby admin » October 31st, 2010, 6:08 pm

THE COURT: Are you a witness?

WITNESS: Yes.

WITNESS SWORN BY THE COURT.

ELLA MAY STAPLES , a witness called on behalf of defendant Gertrude Baniszewski,
being duly sworn by the court, testified as follows:

DIRECT EXAMINATION,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

Q. State your name, please.

A. Ella May Staples.

Q. What is your first name?

A. Ella May.

Q. Staples?

A. That is right.

Q. Where do you live?

A. 2943 Broadway.

Q. What is your business or occupation?

A. Matron in the City Lockup.

Q. Matron in the City Lockup, you work for the Indianapolis Police Department?

A. That I do.

Q. For how long?

A. Four years.

Q. Do you know the defendant in this case, Gertrude Baniszewski?

A. I saw her. I don't really know her.

Q. When did you first see her?

A. I saw her the 27th day, 10th month, 27th day.

Q. October 27th?

A. That is right, that morning.

Q. 1965?

A. That is right.

Q. What time of day or night?

A. Oh, about 7:00 that morning.

Q. 7:00 A.M.

A. That is right.

Q. Describe to the Jury her appearance?

MR. NEW: At this time the State would like to ask a preliminary question.

THE COURT: Leave granted.

PRELIMINARY QUESTIONS,
BY MR. LEROY NEW,
DEPUTY PROSECUTOR

Q. Mrs. Staples, have you been present in the courtroom during any of the testimony of the witnesses?

A. That I have.

Q. Can you tell us how many days you were here listening to the testimony?

A. I was here about every day.

THE COURT: He means inside this room?

A. Inside here.

MR. NEW: The State objects. There has been a separation of witnesses.

THE COURT: Did you hear me ask if there were any witnesses in the court room?

A. Well, you did not ask when I was in there. I usually would come from work over here.

MR. ERBECKER: May I ask -

THE COURT: May I excuse the jury a minute? Ladies and Gentlemen, retire to the Jury room for a few minutes. Don't talk among yourselves and don't let anyone talk to you about this case or any subject connected therewith. Don't form or express any opinion on the case till it is finally submitted to you. Jury and Alternate Jurors retire.

JURY EXCUSED.

THE COURT: Miss Witness, what is your name, Staples?

A. That is right.

THE COURT: Did you know there was a separation of witnesses, that the witnesses were not supposed to be in the court room?

A. No, I did not.

THE COURT: Nobody told you that?

A. No.

THE COURT: When did you know you were going to be a witness?

A. He sent me a subpoena last Friday, I think it was.

THE COURT: Last Friday. Have you been in here since Friday?

A. No, I have not.

THE COURT: You have not been here yesterday or the day before?

A. No.

THE COURT: What do you intend to prove by this witness, Mr. Erbecker?

MR. ERBECKER: Something she observed October 27, 1965, nothing she observed or may have gathered or no evidence obtained inadvertently being in the court room.

THE COURT: I think I will let her testify, Mr. New, until it becomes evident her answers might depend on what she heard. She said she was not here yesterday or the day before in the court room. Bring in the jury.

JURY PRESENT AND SEATED.

DIRECT EXAMINATION RESUMED,
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
GERTRUDE BANISZEWSKI

THE COURT: Read the question to her, please.

THE REPORTER READ THE LAST QUESTION.

A. Well, her appearance was that she was - oh, she was, looked like a skeleton. She was dirty and her hair was stringy and I asked her why did she have a black eye.

THE COURT: Not what you asked, just what you saw.

A. That is it.

Q. How was she dressed?

A. She had on some pants and a waist. I did not pay too much attention to her shoes.

Q. Was she heavier than or thinner than now?

A. She looks good to what she looked then.

Q. She looks good now to what she did then?

A. Yes.

Q. I think you said something about you asked if she had a black eye?

A. Yes, I asked her.

Q. Was there anything else on her face you observed?

A. No, only her face was scaly. I don't know what it was.

Q. Her face was scaly?

A. That is right.

Q. Did you have a conversation with her?

A. I asked her why did she have a black eye. She was complaining with her throat and I gave her water and asked why did she have a black eye. She said -

MR. BOWMAN: We object.

THE COURT: Objection sustained to the conversation. Next question, please.

MR. ERBECKER: Is the court going to rule the conversation inadmissible?

THE COURT: I sustained the objection. Next question, please.

Q. Did she ask for food?

A. No.

Q. Did she ask for water?

A. Yes.

Q. Did she drink the water?

A. Yes, she did.

Q. Did she complain about her physical self?

A. She would not do that to me. I sent her to court.

Q. How long was she in your presence and company?

A. Not too long.

Q. A few minutes?

A. About an hour or two.

THE COURT: You may cross.

MR. NEW: No questions.

MR. BOWMAN: No questions.

MR. RICE: No questions.

MR. NEDEFF: Defendant Hobbs has no questions.

THE COURT: The witness may leave. Let me tell you not to come in the court room while the case is going on. Are there any witnesses in the court room? Hold up their hands if there are.

WITNESS EXCUSED.

THE COURT: Next witness, please.
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