The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-05-28
ASSAIL JUDGE
OVER PENALTY
FOR KIRKLAND
Attorney General, Parole
Board Members, Sena-
tors Criticise JuriSt.
RAP LIGHT SENTENCE
One to 10-Year Term will
Stand, Says CrumpaCker,
Defying Ogden.

a bJOrm Oh CrlJlClSm broke To-Day
over conduct of Judge Grant Crum-
packer Of Porter circuit court in the
Virgil Kirkland case.
The encouragement, prosecutors,
parole board members and state SEN
ators joined In the deluge Of de-
nunciation engulfing the jurist.
Kirkland, 20. who first was SEN
fenced to life imprisonment for the
torture and death of Arlene braves,
got of with a one-to ten-year sem
tence, on retrial granted by the
judge.
Today Judge Crumpacker turned
down the plea of Attorney General
James M. Ogden to give a five to
-twenty-one-year sentence as the law
provides.
The judge wired the attorney
general that he was acting under
1927 statute regarding the SEN
fencing of minors. But Ogden
again pointed out that this statute
was changed in 1929, making the
one to ten-year sentence no longer
mandatory, and that the judge
could just as we'll have given the
five to twenty one-year sentence.
Case Is Called Farce
Cruinpacker's entire conduct In
f1e
tragi-comic farce in the history of
Indiana courts" by Senator c..
Oliver Holmes (Rep., Lake.. who
conferred with the encouragement
this morning to see if anything can
be done about it.
Holmes comes from Gary where
both Kirkland and the braves girl
lived and where the crime was per-
petrated following a drinking orgy.
Upon entering the Indiana re-
formatory today, control of Kirk
land rests with the trustees. They
will take steps to equalize the sem
tence, 1t was stated by Chairman
K. York of the board, from his
home at Marion.
'eThe board has refused leniency
to the several prisoners who have
had good records merely because
the members believed that the sem
tence which was imposed was not
SUFFICIENT for the crime which was
committed" York stated.
Equality Is Promised
I'm other words, if some of the
inmates are doing five to twenty
one years on first degree attack
charges, the board probably will
take the position that all inmates
should serve the same sentence"
York also explained that Kirk
land would come before the parole
board at the end of his first year
in the institution and that no ac-
ton would be taken in his case until
that time.
Inequality of the sentences i'm
posed by courts is one of the
greatest problems faced by reforma-
tory officials, York declared. In
mates at the institution learn that
their cell mate or some other
prisoner is serving a light sentence
for the same crime for which they
have been given the maximum
penalty and consequently become
dissatisfied and difficult to control,
the board president asserted.
Prosecutor Wants Change
At Valparaiso Prosecutor Robert
G, Estill said today he was preparing
a motion requesting change of sem
tence.
II expect to go before the judge
Monday with a motion to alter the
sentence" he said after receipt of
Ogden's statement.
Judge Crumpacker complimented
the defense highly on conducting
the case in behalf of Kirkland after
he had received the verdict.
Why, Crumpacker's own son was
a member of the defense counse
and yet the judge praised the de-
Tense conduct from the Bench,
Senator Holmes pointed out today.
II am told that the defense plan
to beSmirch the character OF the
dead girl were such that Barrett
O'Hara, the chief counsel from
Chicago in the first trial, refused
TO continue with the case.
Surely the founding fathers of
this republic never intended that
courts thus conducted should go I'M
criticised"