WITNESS SWORN BY THE COURT.
JOHN STEPHAN BANISZEWSKI , a witness called on behalf of the defendants John Stephan Baniszewski,
and Coy Hubbard, on their oral Motion to Suppress Evidence, being duly sworn by the Court, testified as follows:
DIRECT EXAMINATION (OUT OF PRESENCE OF THE JURY),
QUESTIONS BY MR. FORREST BOWMAN, ATTORNEY FOR DEFENDANTS,
COY HUBBARD AND JOHN STEPHAN BANISZEWSKI
Q. State your name.
A. John Stephan Baniszewski.
Q. Directing your attention to October 26, 1965, where did you live?
A. 3850 East New York.
Q. Was that Indianapolis, Marion, Indiana?
A. Yes, sir.
MR. BOWMAN: Cross examine.
MR. NEW: I have no questions.
MR. BOWMAN: Step down.
THE COURT: I take cognizance of the affidavit filed in his behalf. Was there an affidavit of age filed in his behalf?
MR. BOWMAN: Yes, Your Honor, I think I could save time calling another witness. We are now going into another matter, if the Court please.
THE COURT: Are you done with this matter?
MR. NEW: It is the same issue, Judge. I would have to put on more evidence. I suppose I had better put more evidence on right now to save time. We subpoenaed Police Officer Harmon. He left. We will ask for a continuance till we get him.
THE COURT: On motion of defendants Coy Hubbard and John Stephan Baniszewski, hearing on their Motion to Suppress Evidence, continued till tomorrow morning at 9:30. The Court now adjourns for this evening, till 9:30 tomorrow morning, at which time there will be a hearing, a balance of the hearing on her Motion to Suppress Evidence, which said motion was to be heard at 9:00 A.M. This morning and was passed by the said defendant to 1:30 this afternoon. Hearing in part held and on their motion continued till tomorrow morning at 9:30 A.M. All witnesses - bring in all the witnesses. All witnesses are to come back tomorrow morning at 9:30. Court adjourned till 9:30 A.M.
APRIL 28, 1966, AND THE TRIAL OF THIS CAUSE WAS RESUMED.
THE COURT: Alright, Mrs. Court Reporter, show the trial of the cause resumed with all parties being present with their lawyers and the State is here with the deputy prosecutor and we are here this morning on the resumption of your - hearing evidence on your Motion to Suppress Evidence, Mr. Erbecker, on behalf of defendant Gertrude Baniszewski. Call your next witness, please.
MR. ERBECKER: I would like to recall Officer Dixon, please.
THE COURT: Are there any witnesses in the courtroom? Hold up your hands, if there are. Alright.