The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1931-03-11
FIND KIRKLAND
GUILTY; LIFE
Term GIVEN
Quick Verdict Reached by
Jury in Arlene braves
Death Trial.
GLAD IT'S ALL OVER
I'm Relieved 1t Wasn't
Electric Chair Says
Gary Youth.
GLAD IT'S ALL OVER
IN United Press

NI bnttcQ PTe8S
VALPARAISO, Ind, March IL
Virgil Kirkland. young Gary ath-
lete, was found guilty Tuesday night
OF numbering Arlene braves at a
drinking party and his punishment
was fixed at life Imprisonment.
The jurors, nine farmers and three
tradeSmen who listened for fourteen
days to evidence in one of the most
dramatic trials in Indianas history,
we're out three hours and twenty
ore minutes, most of which time
was spent at dinner.
Their verdict, which left the 20
year-old defendant stunned, was
read in a packed courtroom by
Judge Grant Crumpacker at $40
p. m.
Attorney Barratt O'Hara of the
defense staff indicated he would
ask for new trial, motion which,
under Indiana law, need not be
made Immediately.
Girls Father Comments
1T was what he deserved" was
the comment of Charles braves,
father of 18-year- Arlene, whose
bruised body was returned to him
after she left home the night Of
last Nov. % to attend party with
Kirkland.
Kirkland slept late in his cell to-
day.
I'm relived that it wasn't the
electric chair" he said of the jury's
verdict.
Deputy sherifTs reported that
kirkland fell asleep, exhausted after
the ordeal of the eighteen-day trial,
as soon as he threw himself down
on the hard cot in his cell, and was
still slumbering thirteen hours later.
Confined in the same Jail with
Kirkland was Leon Stanford, an
. other of the five youths indicted
on murder charges in Arlene's death,
and the next to go to trial.
Verdict Is Compromise
Stanford was brought from 1.-THE
Crown Point Jail late Tuesday and
met Kirkland twice Tuesday night
once at dinner and again after the
kirkland jury reported. The youths
exchanged greetings stuffly and did
not discuss the trial.
Stanford probably will go to trial
during the present term of court
The others indicted, David Thomp-
son, Henry Shirk and Paul Barlow
still are in the Crown Point Jail
The verdict was a compromise be-
tween the states demand for the
death penalty and the defense plea
for acquittal. In reaching it, the
jury found Miss braves had died
from blows rather than from the
criminal attacks which kirkland
and four companions were charged
Escapes Death Penalty
Judge Crumpacker's instructions
outlined eleven possible yer diets
ranging from assault and battery
to murder by attack. Had the jury
found Kirkland guilty of murder
by attack or attempt to attack, the
death penalty would have been
mandatory.
The judge stressed this fact in
reading his instructions. Shortly
before, Attorney OHara had de-
scribed how kirkland would be
burned, burned, burned" if SEN
fenced to die.
Kirklands mother. who had left
the trial as Prosecutor John Under
wood pictured her boy as an "in-
human beast and demanded his
life, became hysterical when the
verdict was read
My darling, my darling. it is I'M
fair she cried as she fought her
way past four deputies to embrace
Virgil. who sat dazed for several
minutes. then comforted her by re-
rninding her she could see him in
Jail.
Sentence Next Monday
He WIS fed away a few minutes
later by the deputies and probably
will be sentenced next Monday.
Members of the braves family
made little comment. but indicated
they were satisfied although be-
neving the penalty too light.
After being dismissed, members
OF the jury disclosed they had
voted IL to for the guilty verdict
immediately upon retiring. On a
second vote. they we're unanimous,
but disagreed for short time over
the punishment.
Most of them, it was learned,
favored the death penalty, but
were influenced by the foreman,
A. E. Upp. SO, to decide upon life
Imprisonment instead.
The youthfulneSS of the defend
ant was considered, it was said, in
reaching this decision.
When Kirkland was returned to
his cell Tuesday night he declared
he was glad it was over
POLICE END REVENGE