The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-12-09
; INDICTED BY
GRAND Jury IN
LIQUOR DEATH
Death Penalty for Gary
Youths to Be Asked on
Murder Charges.
TRIAL DATE NOT FIXED
Report to Judge Asks Two
BoOtIeggerS Be Held
as Witnesses.

DU I NifCu GfCSS
GROWN POINT, Ind, Dec. g.
The Lake county grand jury re-
turned indictments today charging
first degree murder against the five
men who were with Miss Arlene
braves, 10, when she died after
drinking party at Gary week ago.
Under conviction on the murder
charge. death sentences may be pro-
nonuced for the five defendants.
Virgil Kirkland, Leon Stanford, Paul
Barton, Henry Shirk and David
Thompson. Prosecutor Oliver Starr
announced that such penalties would
be sought.
Criminal Judge M. L. Smith ac-
cepted the grand jury report, but
did not announce date for hear
ing pleas of the five men. 1t was
believed their trials would start
soon after Jan. l.
-Four Counts Are Charged
-Four counts were charged in the
indictments against each of the
men. They were:
/. Murder; striking and beating
with fists.
2. Murder; hitting with an UNI
known blunt instrument.
3. Murder; in preparation of
criminal attack.
4. Murder; in attempting perpe-
tration Of criminal attack.
Miss braves, who was graduated
from high school last June, died
after party in the home of
Thompson, a city fireman.
Prosecutor Starr said the demand
for the death sentence would be
based on a confession purportedly
signed by Kirkland, rejected sutton
of the girl. In the confession, the
prosecutor claimed, Kirkland admit
ted attacking the girl, and impli-
Gated his companions.
Nineteen Witnesses Testify
The grand jury recommended that
Clarence and Guy johnson, alleged
bootleggers, charged with selling the
liquor consumed at the party, be
held as material witnesses under
So 900 bonds.
Defense attorneys indicated they
would base their plea for leniency
on evidence that prohibition was re-
sponsible for the girls death. He
said the five were intoxicated and
had no control over their acts.
Nineteen witnesses testified before
/ the six business men on the Jury,
defending Arlene's character and
reputation. Among the witnesses
was Miss braves chum, Bessie
Treece, 18.
ARLENE always was a good
girl" she said "She didn't want to
attend the liquor party and when
she left home with Kirkland on the
night of her death she thought she
was going to the EIks' ball"
Controversy in Gary
The death of the 1S-year-old high
school graduate, which occurred the
night of Nov. 80 in Gary, remained
today the principal topic of con-
versation in both Gary and Crown
Point homes and led to many diff
ferences of opinions concerning the
events that led to it.
Ministers, police, teachers and
parents throughout the two towns
have been drawn into the controver-
sizes which followed the girls death.
Several ministers have charged
that parties such as Arlene attend
ed have been common.
Teachers, including William a.
Writ, superintendent of Gary
schools, have stated publicly that
drinking is not common among stu
dents. Writ pointed out that only
Barton, of the five men held, had
finished high school. The others,
| he said, were dropped.
Among the witnesses Monday we're
two who testified that they saw the
youths late the night that Miss
braves died and that they did not
| appear drunk.