WITNESS: I have not.
WITNESS SWORN BY THE COURT.
PAUL D. LINDENBORG , a witness called on behalf of defendant Gertrude Baniszewski,
being duly sworn by the court, testified as follows:
QUESTIONS BY MR. WILLIAM ERBECKER, ATTORNEY FOR DEFENDANT,
Q. State your name, sir.
A. Paul D. Lindenborg.
Q. What is your business or profession?
A. That is right.
Q. Where is your office, Doctor?
A. 3016 North Arlington.
Q. How long have you been a physician?
A. Since 1947.
Q. What school did you graduate from, Doctor?
A. Indiana University.
Q. In 1947?
A. That is right.
Q. Did you have internship anyplace?
A. Marion County General Hospital.
A. '47 and '48.
Q. Do you know the defendant in this case, Gertrude Baniszewski?
A. Yes, I do.
Q. When did you first come to know her?
A. I believe I first took care of her around 1950.
Q. How many occasions in 1950?
A. Well, I had to go back in service in 1956 and my old records were left with my office and the other doctor took over my practice so I would not be able to state that.
Q. Was it more than once in 1950, Doctor?
A. I am sure it was.
Q. Several times?
Q. What was the treatment for?
A. I -
Q. She will waive privileged information and permit you to testify.
A. Well, Mrs. Baniszewski has suffered from chronic asthmatic bronchitis.
Q. Since when?
A. I would say the last fifteen or twenty years. That is what I treated her for most commonly.
Q. Will you describe her condition in 1950 with reference to bronchitis, if you can remember?
MR. NEW: We object. It is too remote.
THE COURT: Sustained.
Q. When was the next time you treated her?
A. As I stated, I do not have any records between 1950 and until 1960.
Q. Doctor, then have you any record of having treated her the past two years?
A. Oh, yes.
Q. Say 1963, did you treat her?
Q. For what?
A. Well, she was still having difficulty with asthma and I treated her for that and bronchitis and also pregnancy.
Q. When was the pregnancy?
A. She became - well, her delivery date was April 23, 1964. That was the expected date of confinement. She came in in 1963 for prenatal care. Her last period was July 1963.
Q. Did you ever treat her for a miscarriage, the after effects of a miscarriage?
A. I do not believe I did.
Q. Now, in 1964 did you treat her?
A. Well, of course, I continued obstetric care and May 4, delivered a six pound fourteen ounce boy.
Q. Did you treat her for anything else in 1964?
A. She had a routine post partum check up and was having some irregular menstrual periods and was put on a contraceptive tablet to regulate her periods. Also she was in for bruises.
Q. For what?
A. Bruises she sustained in a fall in the attic. She was given a tetanus toxoid booster and the wounds were dressed and she recovered uneventfully. In November, she was treated for a gastro-intestinal disturbance, November '64.
Q. How about 1963, Doctor, what was the physical condition with reference to asthma?
A. I believe during her pregnancy the asthma was a bit improved. It is not unusual for that to occur.
Q. What about November 1964 with reference to her asthmatic bronchitis?
A. She had bronchitis in November and was treated with an antibiotic.
Q. Was her condition severe or mild?
A. Moderately severe. She had severe asthmatic bronchitis.
Q. How about 1965, Doctor, did you treat her?
A. In 1965, she was in the office twice in March, the 4th and the 6th. At that time it was for bronchitis. Asthma was not present. She was given an antibiotic and antihistamine. She made an uneventful recovery.
Q. How about April?
A. I did not see her again till October 25.
Q. Why did you see her?
A. For asthmatic bronchitis.
Q. Asthmatic bronchitis, did you prescribe anything?
A. Yes, she was given an antibiotic.
Q. What does that mean?
A. Penicillin, ephedrine and phenobarbital.
Q. Is that the first time you ever gave her phenobarbital?
A. No, phenobarbital is given routinely with ephedrine.
Q. How long prior to October 25th?
A. I could say she has been on it at least six years.
Q. Six years on phenobarbital?
A. Sporadically, she took medication only to counteract nervous tendencies caused by ephedrine.
Q. What was the dosage, if you can recall, the last year or two?
A. Routine dosage is what I use. It is one 3/8 grains as needed, every four hours and a half grain of phenobarbital, as needed for tension and nervousness.
Q. Was she nervous?
A. Well, not then but if you give ephedrine or adrenalin it stimulates the nervous system and gives you the shakes. Phenobarbital overcomes most of this.
Q. What does it do, calm you?
A. That is right, it calms. In asthmatic bronchitis it enhances the treatment, quiets the patient down. Sometimes nervous tension and anxiety makes asthma worse. You use a sedative along with a constrictor.
Q. You did not see her from March 6 till October 25?
A. That is right.
Q. Now, what time of day or night on October 25 did you see her? Do your records reflect that?
A. No, they don't because she had made - we go by appointment but she had called in and got an appointment in the place of a cancellation and she was written into the book at the bottom. The time was not entered there. Sometime, I would guess, around 2:00 or 3:00 o'clock.
Q. You did actually see her yourself?
Q. How long did you attend her, Doctor, five minutes, ten minutes, half an hour, how long?
A. Well, I treated her for the same condition so many times and I would imagine I spent five minutes or less with her at that time.
Q. Would you describe her condition, if you can remember, her appearance?
A. Well, she definitely had asthmatic bronchitis and I do remember my nurse at that time stated she looked wretched and, as I recall, she did look wretched, harassed and not really herself.
Q. Describe the appearance of her face, if you can remember?
Q. Describe her face, skin, if you can remember.
A. Well, she was not made up, I don't believe she used rouge or lipstick. Other than that I don't believe I could say much.
Q. Was there any breaking out on her face?
A. There may have been, sir, but I could not be positive.
Q. Was there any difference in his physical appearance then and as you look at her now in back of me?
A. Well, I don't believe so, sir.
Q. Was she thinner or heavier?
A. Well, what is her weight now?
Q. I don't know, Doctor.
A. She does not appear much different to me. She has always been a very slight woman.
Q. Did she appear nervous to you?
A. Yes, she appeared distraught at that time.
Q. Was she in pain?
A. No, she was uncomfortable from the asthma, which is a distressing condition. You have to labor to breathe.
Q. Was she having that condition - did she have conversation with you about her condition at that time - do you remember that?
A. If we did, I can't recall it, sir. It was a very brief examination.
Q. On October 25, 1965 would you say her condition, with reference to asthmatic bronchitis, was severe or moderate?
A. I describe it as moderately severe. I have seen her when it was much worse and I have seen her when it was much better.
Q. It was sufficiently severe to have you prescribe medication?
A. That is right.
Q. How much phenobarbital did you give her - was it a prescription?
A. No, we dispense that to her directly.
Q. How much did you give her?
A. I have a record. She was given one hundred tablets of phenobarbital, half grain, to take three or four times a day as needed for tension and the ephedrine sulfate 3/8, one every four hours as needed. She had taken the drug for many years and I am sure she took it then like she had always taken it.
Q. Would you say the use of these tablets would induce sleep?
A. No, the way they are used, the phenobarbital is sleep producing. When used with ephedrine it more or less balances each other.
Q. If she took eight or ten phenobarbital, would it induce sleep?
A. I would expect it to, yes.
Q. Would it promote drowsiness?
A. Oh, yes.
Q. What would be her mental reaction, memory reaction, if she took eight or ten at one time, do you know?
A. I don't think it would disturb the mental processes. It might slow them down. Also it might encourage her to cease functioning, become tired and go to sleep easily.
Q. Become tired and go to sleep, cease functioning?
MR. ERBECKER: No further questions, Doctor.
QUESTIONS BY MR. LEROY NEW,
Q. Doctor Lindenborg, can you look very carefully among the cards and tell the jury if Mrs. Baniszewski did not also come there Saturday, October 23, 1965?
A. I have no record of it, sir.
Q. Do you have any record she ever brought Sylvia Marie Likens in for treatment?
A. I do not have her listed as a patient. I don't believe ever have seen her.
Q. Do you have any recollection that Mrs. Baniszewski ever called you on the phone and asked you about treatment for Sylvia Marie Likens?
A. I am sure she did not.
MR. NEW: Thank you.
THE COURT: Paula Marie Baniszewski may examine.
MR. RICE: No questions.
THE COURT: Coy Hubbard and John Stephan Baniszewski?
MR. BOWMAN: No questions.
THE COURT: Defendant Richard Hobbs?
MR. NEDEFF: No questions.
THE COURT: We will have a recess for fifteen minutes. By agreement of counsel and with the consent of the State and the defendants, the jury is permitted to separate. Come back to the Jury room at 3:00 o'clock. Don't talk to anyone or 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. Don't read or watch anything or listen to anything that may be broadcast about the case. Jury and Alternate Jurors are excused till about 3:00 o'clock.