The Indianapolis times., 1930-06-21
ON
MURDER COUNT
TO Be ASKED
Death Penalty Is Mandatory
for Killing in Arson
Conviction.
CASE TO JURY MONDAY
Warrants Are Rushed by
Air Mail to Alabama
From City.

VIII SIhJs
Indictment Of Harold Her
bert Schroeder, Mobile, Ala,
prisoner in the High School
road torch car mystery Of
May 81, on murder charges
by the Marion county grand
jury will be asked Monday.
The death penalty is mandatory
upon conviction under the 1929
Hartzell act under which Schroeder
might be indicted, statute against
murder committed in preparation
of arson.
Prosecuting Attorney JudSon
Stark today announced he will pre-
sent evidence to the grand jury
Monday, seeking indictment Of
Schroeder for murder of the uni
Identified man whose charred body
was found in the car.
Arson charges were filed against
Schroeder in the court of Edward
L. Dietz, justice of the peace, here
Thursday afternoon and warrants
were rushed by air mail to Mobile.
An additional charge of conspi-
racy to defraud insurance compa-
nies is possible in the case.
Legal Complications
Indictment and trial of Schroeder
presents legal complications unpre-
cedented in the history of Marion
county criminal court, it was re-
vealed today.
While authorities from three
branches of county government pre-
pared to return Schroeder to Indi-
annapolis from Mobile (Ala.), Prose-
cutor Judson L. Stark today began
compiling of all evidence in the case
for submission to the grand jury
Monday.
Stark disclosed today that Schroe-
der will be summoned before the
Jury Immediately upon his return.
All persons who had any connec-
ton with the finding Of Schroeder's
automobile blazing on the High
School road, with It's cargo of an
unidentified mans charred body.
will appear before. the grany jury
in the murder indictment investiga-
ton.
Deny Neck Was Broken
Included among witnesses will be
Jack Allen of Clayton and Miss
Ruby Blue Of 715 North Delaware
street, who found the blazing car
and gave Schroeder, who they be-
lieved to be a hitchhiker, a ride into
the city in their car from the vicir1-
ity of the tragedy.
Soothing at Schroeder's story that
a hitch hiker he picked up was
killed when Schroeder fell asleep at
the wheel Of his car and when it
went in a ditch thirty miles west
of Terre Haute, officials will base
their demand for a murder indict-
ment upon the supposition that the
torch car victim was slain at or
near the scene of the car blaze
DR.. Lwrence Lewis, deputy coro-
ner, who made an autopsy, found
death Of the torch car victim due
to knife or bullet wound in the
right chest of the charred body.
The neck of the corpse had not
been broken, DR.. Lewis declared to-
day.
Murder Of an Unknown"
Never before has the state of IN
diana been called upon to convict
a defendant Of the murder Of an
unknown person, Stark said today.
In even the grand jury indictS
Schroeder for the fire degree mur-
der of an unknown person, it viii
be necessary for the state to prove
beyond a reasonable doubt that
Schroeder inflicted wound that
resulted in the death of that per-
son, Stark said.
Conviction for first degree murder
under the latter circumstance car
ries as a penalty the alternative Of
death by electrocution or life inn
prisonment.
Under the 1923 HartzeH statutes,
prosecution may be based on a law
that the murder was committed in
the perpetration Of arson. Convic-
ton on this count makes the death
penalty mandatory.
Case Far From Complete
The other alternative for pros
ecution, Stark said is statute pro-
viding either the death penalty or
life imprisonment for whoever pur-
poSely, and with premeditated
malice, kills any human being" This
carries a penalty Of death or life
Imprisonment.
Abandonment by authorities Of
any robbery motive as reason for
the crime will not permit applica-
ton of the Hartzell law which
leaves as a verdict the two alter
natives of death or absolute free
dom, Stark said.
while there has been quite a bit
of strong circuInstantiai evidence
throwing light on the crimes OF ar
son and murder. the case is far from
complete in detail" prosecutor Stark
declared today. "A case Of circum-
stantial evidence always is one Of
great difficulty, and at present is
especially difficult IN this particular