The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-04-29
KIRKLAND ON
TRIAL AGAIN
IN GIN DEATH
Quiz Prospective Jurymen
as Gary Boy Faces
Court Once More.
FIRST 9 MEN EXCUSED
Barrett 0'Hara WithdrawS
From Cause Because of
Defense Argument.
By United Press

~ JHutd PTe68
VALPARAISO, Ind, April o.
Virgil Kirkland, 20-year-old Gary
athlete, went on trial today a second
time, charged with numbering Ar
lene braves, his 18-year- old sweet
heart, during a drinking party. His
life was not necessarily at stake,
although the state qualified pros
pective jurors for the death penalty.
Prosecutor John Underwood be-
gan examining talesmen without
carrying out his. previous announce
ment that the indictment would be
reduced to two counts, but declared
that if the reduction was made, the
death penalty would not be manda-
tory, as generally believed
The two counts on which Under
wood indicated the state would elect
to proceed with Kirklands retrial
accuse the young ice truck driver Of
causing Miss braves death by at
tack or attempted attack.
Conviction of first degree murder
under either of these counts would
carry mandatory death penalty.
Conviction Was Set Aside
Underwood pointed out, however,
that the jury may choose to return
a verdict Of criminal attack, man
slaughter, assault and battery IN
commission of an attack or simple
assault and battery if it finds Kirk
land guilty and believes death in
the electric chair too severe.
Kirkland was convicted Of first
degree murder in his first trial I'M
der another count charging he
killed Arlene by striking a blow.
The conviction, recommending life
Imprisonment, was set aside by
Judge Grant Crumpacker as not
warranted by the evidence. The
fourth count is similar to that I'M
der which Virgil was indicted.
Selecting a jury to try young
Kirkland will be a difficult task, it
was indicated today when the first
nine men to be questioned we're ex-
cused for cause. seven by the state,
one by the defense and one by
Judge Crumpacker.
Excused for Fixed Opinions
Louis Betz, "a, farmer, and Paul
Titus, ST, farmer, we're excused by
the state when they admitted hav-
ing conscientious scruples against
imposing the death penalty. Henry
Black, 70, farmer, pleaded success
fully that he was needed for spring
planting. Six others were dismissed
when they admitted fixed opinions.
Kirkland came into the court
room wearing a new brown suit and
smiling. He sat with Mr.. and Mrs.
Elmer Kirkland, his stepfather and
mother. Arlene's father, Charles
braves, and two brothers, Kenneth
and Carl, also we're in the court
room. Only a few spectators were
present.
With Barrett O'Hara, Chicago at
torney, withdrawn because of his
conflict with other defense attor-
neys' views, the defense staff con-
sisted of Oscar Thiel of Gary, Rich
ard Oldham of Chicago and John
Crumpacker of Valparaiso. Crum-
packer is Judge Crumpacker's SON.
Lie Detector" Is Used
Underwood, chief deputy prose
cutor of Lake county, headed the
states staff, assisted by Robert G.
Estill, East Chicago, deputy prose
cutor, and Edward Freund, Valpa-
Yaiso attorney. This is the same
group that obtained a conviction ii
the first trial
Attorneys admitted that at least
one new move was planned by eacf
side, but indicated that otherwise
the testimony in the second tria
will center around the same wit
nesseS heard in the first, principally
friends of Kirkland and others al
the party at which Arleen died.
Underwood announced that the
state would offer a new witness
whose testimony will "corrobrate'
that given at the first trial, but vii
develop no new angles. He de.
clined to discuss reports that thi
witness will be one of the four othel
young men indicted with Kirkland
Thiel admitted that a lie detec'
tor" the machine which register
nervous reactions under questioning
had been used on Kirkland i'll hi
cell last Monday night. Thiel saiC
an attempt might be made to have
its use during the trial sanctioned
but admitted its legality was doubt