The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1930-07-07
THIRD Degree
IS BANNED IN
TORCH PROBE
Schroeder Wins Delay and
Is Given Protection
of Court.
COMPLAINS OF COLD
Stares Boldly at Crowd,
Then Shifts Gaze
to Floor.

Winning two court victories, Har-
old Herbert Schroeder, charged
with arson for the burning of his
car, containing a mans body, es-
capped arraignment in criminal court
and was given the courts protection
against alleged third degree meth
DDS, by authorities today.
Schroeder, wan and haggard, was
taken to the court at the head OF
the chain gang, to plead. The first
victory was handed him when he
stood nervously before Judge James
A. Collins and heard Prosecutor
Judsor L. Stark obtain delay in
the arraignment,
Shortly after that, Schroeder sat
in the jury box while his attorney,
Ira M. Holmes, told the court
Schroeder had been deprived of his
constitutional rights and had under
gone a severe mental strain by being
forced to view the charred corpse of
the man he is accused of numbering
before setting fire to his car, and
viewing the spot on the High School
road where the flaming auto was
found early May 81.
Several Are Subpenaed
Several witnesses were subpenaed
to testify in the petition of the de-
tense seeking a court order, halt
ing the alleged third degree" meth
DDS.
These witnesses were among hum
dreds of persons VINO jammed the
courtroom and courthouse corridors
for a glimpse Of the former Mobile
(Ala.) radiator shop owner, who
now is indianapolis most notorious
murder suspect.
After Holmes made his state
menSs as to the alleged violation or
Schroeder's constitutional rights,
Collins dispensed with the hearing
and stated authorities must obtain
a permit from the court either to
question or remove Schroeder from
his cell in federal row at The all.
"This court will see the Defend
ant has the privilege of his ccnsti-
tutional rights, Z Collins said. Tie
court never before has been called
upon to protect a prisoner to such
an extent. He will have his privi-
leges until he is proven either
guilty on innocent.
Stark delayed the arraignment
without stating any reason IN open
court, but later said further inves-
tigation was to be made. The in
coming grand jury will probe the
case. The jury is expected to be
selected this week.
New Charge Is Possible
The arson charge against Schroe-
der was filed shortly after the sus-
poets capture in Mobile. The action
was taken hurriedly to bring about
his extradition to Indiana for trial.
It is possible another arson charge
may be filed.
The murder charge, now pending,
was filed on orders of city police
heads.
Schroeder was the first man in
the lineup as the prisoners started
on their walk through the dimly
lighted tunnel from the Jail, with a
guard OF seven, including Sheriff
George L. Winkler.
Asked how he felt, Schroeder
said: 81 don't feel so well. rolled
and tossed all night. I've got a
cold, too"
Schroeder, although nervous. ex-
hibited some of his belligerence
when he was asked how he got his
cold.
How did I get it?" he queried.
81 can't tell you, but sure could
show you"
Schroeder was dressed in a brown
suit and several times was jostled
against the newly whiIewashed sides
of the tunnel. He slapped his suit
several times in an effort to remove
the vhitewash.
Holds Head Erect
Schroeder entered the jammed
courtroom and, with head erect,
strutted to the jury box, where he
and his Jail companion were placed,
pending arraignmect.
The murder suspect stood up IN
the box and wiped more Of the
tunnel paint from his coat and
trousers.
He then sat down and for few
minutes stared straight at the
crowd, many of whom pointed
at him and raised their voices
Ito excIaim: There's that man
Schroeder"
He did not endure gazes Of the
curious onlookers for long, however,
and soon ducked his head and his
nervousness reappeared.