Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-05-27
KIRKLAND GETS
ONE TO TEN YEARS
Verdict Will Result in Dis.
missaI of Four Others In
dicted for Murder.
By the Associated Press.

| BY the Associated Press.
| VALPARAISO, Ind, May 27.-Virgil
Kirkland, Gary youth convicted yester-
! day of assault and battery with intent
to rape, was sentenced today to serve
one to 10 years in the Indiana reform
atory at Pendleton for the death of
Arlene braves.
Sheriff Burney Maxwell Of Porter
County arranged to take Kirkland to
Pendleton at once.
Judge Crumpacker told Kirkland he
had been extremely fortunate in many
ways"
Your sentence is very light one, u
he said. You we're fortunate in many
good attorneys and expert testimony OF
| physicians. cannot condone your
| conduct on the night this unfortunate
! girl was killed. 1t was reprehensible
and very deplorable. You are not with
out fault in the matter. You should
congratulate yourself that you escaped
so easily"
Youths Knees TrembIe.
The court room, crowded to the walls
| during the trial, held fewer than so per-
sons today Kirkland stood before the
| judge in blue suit, the pallor of six
months of prison on his face.
The convicted youths knees trembled
as he faced the court and he moistened
his lips frequently as he looked straight
at the judge. Prosecutor Estill shook
hands with Kirkland and enjoined him
to obey Judge Crumpacker's admonition
to conduct himself differently after his
release.
kirkland promised to follow the ad-
vice.
John Crumpacker and Oscar Thiel
were the only defense attorneys pres
ent. Their colleague, Ronald c. Old
ham, was on his way to Hamilton, Ohio,
in custody of sheriff to face charge
Of issuing q check against insufficient
funds two years ago.
The verdict will result in dismissal
of the charges against four other youths
indicted with him, Prosecutor Estill
said. They are Henry Shirk, Leon STAN
ford, David Thompson and Paul Barton.
AFTER what happened to Kirkland
we ought to pin a medal on the others
and send them Of with a hurrah," the
prosecutor declared.
The 20-year-old Gary, Indiana, steel
mill worker and former High School
foot ball player, was elated with the
outcome.
Gee, I'm happy" said the youth,
whose first trial last March resulted IN
recommendation for life imprison.
ment. There were some in the court
room, however, who cursed him as he
was led to await the formal passing Of
sentence by Judge Grant Crumpacker
today.
Pandemonium marked the finish Of
the four weeks trial. Charles braves,
father of the dead Arlene, and his four
sons left the room with hardly a word,
but Guy Weaver, father of Mrs. Bernice
Elser, witness for the State, had other
iedas. He sprang at Attorney Oscar
Thiel, chief Of defense counsel, with a
| cry, you can't say things about my
! daughter" and struck him three times
about the face Weaver then left the
court room, while Thiel obtained war;
rant for his arrest on charge of as
sault and battery.
Referred to as Shameless.
! Mrs. Elser. young married woman
/, who attended the fatal liquor party,
| testified that she saw her husband and
| Henry Shirk near car in which Arlene
| lay in an unconscious condition, but
that she did not tell her husband or
offer the girl help. Thiel referred to
ner In closing arguments as either
shameless and inhuman at that time or
4
The Jurors, nearly all elderly farmers,
| required three hours to reach their
verdict, guilty of assault and battery
with intent to rape. They passed over
the charge Of murder In commission of
a rape, involving the death penalty, and
the charge OF rape alone, calling for a
sentence OF to 81 years.
The return of the verdict did not
end the tury's part in the proceedings.
No sooner were the members dismissed
| by Judge Crumpacker than reports were
brought him that three jurors said
they thought they had voted for a
sterner penalty than the one-to-ten
year prison sentence. Possibility of a
mistrial vanished, however, when Pros
ecutor Estill announced that the stat
utes said a juror cannot impeach his
own verdict after it is returned. The
prosecutor said he would not seek an
other trial.
1t was Bailiff William Hardesty, who
made the reports to Judge Crumpacker.
He said Jurors Hugh Morrow and
| Claude Walters told him they thought
they had inflicted the death penalty.
| Another Juror, Norman Ashton, said
he meant the nena1ty - 10 ,,o0ra