Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1928-01-04
MURDER
CHARGE FOR
FOX SOUGHT
Defense Makes Plea of
Not Guilty Because
of Insanity When
Hickman Is Called

Los ANGELES, Calf, Jan. 4. Up
While defense forces began gather
ing evidence to support William Ed
ward Hlckman's plea of mot guilty"
by reason Of insanity, to the kid
mapping and staying Of little Marian
Parker, the question Of voting a new
murder indictment against the youth
TO-DAY came before the grand jury.
witnesses who had been ordered
to appear before the grand jury yes
terday IN the Investigation Of the
shooting of c. Ivy Thoms, Rosehill
druggist, in n hcld-up which Hick-
man confessed staging, were asked TO
return 70 the jury ooms today.
The district attorney announced
ment be voted against the youth in
connection with the death Of the
druggist. Although the bullet which
fatally wounded Thoms has been
identified NJ the same eaiibre as
the pistol carried by. Hunt In the
hoid-up, California in the case Of a
death rs O result Of an illegal act
holds each Of the persons involved
equally guilty.
Long Fight Seen
Hickman's plea Of mot guilty by
reason of insanity" was made when
arraigned late yesterday charging
him with the kidnapping and murder
of the Los Angeles school girl. The
move forecasts a long court fight in
the attempt Of the youth 60 escape
the death penalty which the prosecu-
tion frequently has declared it would
demand.
A recently passed California law
divorces the hearing on the defend
ants sanity from the actual trial.
If he is found to have been zane
at the time the crime was committed,
his attorney may then interpose the
plea that Hickman is insane at the
present time.
Although the new law allows hear
ings on insanity aside from the reg
ular trials, Judge Carlos Hardy, be-
fore whom the boy appeared, pointed
out that a regular trial in this cas-
would be unnecessary as the defend
ant had tactily admitted his guilt.
Differ on New Law
Judge Carlos Hardy asked Hickman
II he realized that the plea mot
guilty by reason Of insanity" was
a plea CT guilty to the facts as set
forth in the indictment and the kid
naper-slayer repeated the plea.
tx found sane at the time Of the
crime, and sane at the present time,
Hickman may be sentenced without
further formality, attorneys said.
but in that event il would be dis
cretionary with the judge whether
the penalty would be death or life
Imprisonment.
Legal authorities differed some
what on the Interpretation of the
new California law as to the pro-
cedure should Hickman be declared
insane at the time of the kidnapping
and murder but be held sane at
the present time.
Sanity Hearing Jan. Is
Superior Judge Fricke, who. while
chief deputy deputy district attor-
ney had charge Of all insanity
eases declared that the youth IL
found insane nc the time the crimes
were committed would be sent to a
state hospital and IL later declared
TO be sane would walk out a free
man.
The insanity hearing was set by
Judge Hardy for January %, after
he had denied the plea of Hickman's
youthful attorney. Jerome Walsh of
Kansas City. that the case be delay
ed for IS days.
An affidavit asking for the delay
clearly indicated that a large part
Of Hickman's insanity plea would
be based or the testimony Of boy
hood associates and would delve deem
ly into his family history. The at
torney said many witnesses necessar-
lily. would be brought from Missouri,
Arkansas and Illinois.