The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-05-27
| TO 1O-YEAR
/ Term GIVEN
TO KIRKLAND
Gary Youth to Be Eligible
for Parole After Nine
Months in Prison. :
PALS WILL GO FREE
'You Are Fortunate Says
Judge in Assessing of
Light Penalty.
By United Press

VALPARAISO, Ind, May 81
Virgil Kirkland, 2O-year-old Gary
athlete, was sentenced today to one
10 ten years in the state reforma-
tory, for the death of his 18-year-
old sweetheart, Arlene braves, dur
ing the drinking party to which he
escorted her last November.
Judge Grant Crumpacker pro-
nounced the sentence under the
verdict of the jury which convicted
Kirkland Tuesday night of assault
and battery, with intent to commit
criminal assault.
Kirkland probably will be taken
to the reformatory at Peudleton
Thursday He will become eligible
tor parole at the end of nine
months.
Prosecutor Robert c. Estil of
Cary announced that the state
would oppose Kirkland's release be-
fore the maximum term of his SON.
tence has expired
Estil reiterated his intention OF
dropping the murder charges
against Kirklsnd's four companions.
Paul Barton, Henry Sllirk. David
Thompson and Leon Stanford.
Fortunate" Says Judge
Judge Crumpacker told Kirkland
in pronouncing sentence that he
had been extremely fortunate"
This is a very light sentence and
think you have been fortunate
in good many ways" the Judge
said. You had counsel we'll versed
in the law.
THE life of your term depends
on your conduct.
II do not want any one to think
that I condone your offense. I be-
lieve the actions Of you and the
other youths were deplorable and
reprehensible"
Kirkland was III an anteroon
when Estil entered after sentence
had been passed.
BE a good boy the prosecutor
told him. LET this be a lesson to
you"
Thank you, appreciate it,"
Kirkland replied.
First Ballots for Death
The jurys first six ballots we're
ten to two in favor of the death
penalty, it was revealed.
Herbert Davidson, 61-year- old re-
tired farmer and one of the jurors,
said the jury was divided thus on
finding kirkland guilty of murder
during the preparation of criminal
attack" under which electrocution
would be mandatory.
Davidson said Robert Brady, CO
year-old Valparaiso truck driver,
voted for acquittal except on the
last ballot.
Marion BoInbridge, 28-year-old
overseer of Black Oak beach, near
Valparaiso, was steadfast in voting
for assault and battery with intent
to commit criminal attack, David
son said
Arrest Defense Attorney
Ronald Oldham. one of Kirklands
attorneys, was ordered eXtradited to
Hamilton, o. today by Judge Mark
Rockwell Of superior court. Oldham
is accused of passing" a worthless
check for SITS in Hamilton.
DR.. Orlando Scott of Chicago. de-
Tense medical adviser, was freed I'M
der 500 bond today on charge of
public intoXication.
Scott was arrested Tuesday night
on a Valparaiso street. He will be
tried Friday
Fist fights in the courtroom, ar
rest of defense attorney on bad
check charges, reported threats of
gunplay and other sensational de-
velopments marked the end of
Kirkland's second trial resulting
from his sweetheart's death last
fall at drinking party.
kirkland, under life sentence
since the first trial in February,
sobbed when he heard the new
verdict. He smiled later when he
realized its significance. His mother
waiting in another room, rushed to
embrace him, then tainted in his
arms. Spectators cheered.
Strikes ThieI in Face
Efforts to restore order failed.
During the demonstration, John
Weaver rushed at defense attorney
Oscar B. Thiel, struck and almost
knocked him down.
Weaver is the father of Mrs. Ber-
nice Elser, who attended the party
which ended in Arlene's death. She
testified for the state. Thiel had
attacked her testimony, advancing
a theory that she might have struck
Arlene through jealousy and caused
some of the head injuries kirkland
was accused of inflicting.
You're a liar" shouted Weaver
as he charged. Bailiffs overpowered
him.
When the demonstration was at
its height, Bailiff John Hardesty ap-
peared, excited, before the bench.
"The jury was all mixed up" he
shouted to Judge Crumpacker, above
the uproar. He said High II. Nor
rom and Claude Walters, jurors, had
told him they became confused over
the charges and had erred. They
thought, he said, they were sentenc-
ing Kirkland to die.
Attorney General James NJ. Og-
Den at Indianapolis sent word the
verdict must stand.
The jury's duty was to pass on
the guilt or innocence of the de-
PENDANT" he ruled, "and the verdict
must stand regardless of whether
they realized what the punishment
-