The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1934-10-08

charging ulIu Will OCCOlIU
degree murder in the sub
machine gun killing of Police
Sergeant Lester Jones.
The indictment was returned to-
day to replace one charging Giber-
son with first degree murder in the
same killing.
After he had been sentenced,
Prosecutor Herbert E. Wilson told
reporters that Giberson had lost,
through the attempted jailbreak,
chance to plead guilty to a robbery
charge and receive a twenty-year
sentence. Both Mr.. Wilson and
Floyd j. Mattice, chief deputy prose-
cutor, represented the state in Glib
erson'S arraignmnt and sentencing.
Influenced by Jail Break
That the Jail break had Influenced
Judge Baker was obvious.
Every well regulated Jail should
be provided with something like
saws and the doors should be kept
open," he observed sarcastically.
Then" he added more seriously,
when a prisoner steps over the
bounds something should happen to
him."
The judge paused dramatically,
pointed his finger at Giberson and
continued:
Its lucky for you that you
weren't killed. So far as I'm con-
cerned, men who break jail ought
to be shot!"
Giberson, whose career Of crime
began when he was sentenced to the
boys school as an incorrigible and
continued through bootlegging and
petty robberies as he grew older, was
captured at Erlanger, KY, mouth
after Sergeant Jones was shot.
Pals in Michigan City
In the house where he was found,
living under the aliases of AL
Nichols and Al Thompson, were
Fred Adams and George Murphy,
alias George Swartz, both of whom
later pleaded guilty to the crime
and who now are serving life SEN
fences at Michigan City.
Giberson, taken to the Noblesville
Jail on a change of venue, escaped
and later was recaptured in Cincin-
natl. He had been mentioned as a
possible states witness against Ed
ward (Foggy) Dean in the latterS
murder trial in connection with Ser
geant Jones killing, but was not
called
A jury disagreed on Deans guilt
or innocence Friday. He is to be
retired early in November.
Police were taking no chance on
a repetition of the break today when
Giberson, who appeared in a black,
Upper fronted sweater, and his
three companions in the jail break
came to court. All were handcuffed
and all were guarded closely.
Giberson was brought in alone
first; the other three together after
Giberson's case had been dis
posed Of.
Youth Gets 20-Year Term
The other three are Roy Love, a
slight youth of 10, who was sent to
the reformatory for twenty years;
August Cummings, 80, who appeared
the worst beaten of any Of the pris-
.oners, who complained Of his con-
dition to both the court and report
ers, and who was sent to the state
prison for thirty three years, and
Theodore Hubert, %, hardened
army deserter, who was sent TO the
reformatory for twelve years.
Cummings hair was matted with
blood and more blood was Spattered
on his shirt.
Take picture of this" he jeered
at reporters as he was brought into
the courtroom. I've got a cut on
my head a foot long"
Later, when he had entered q
plea of guilty to an indictment
charging him with the robbery Of
1854 from the Hoosier Cab Com
pany Offices Aug. 10, he told Judge
Baker:
I'm entering this plea Of guilty
because Of my present condition"
Statement Is Read
You're not entering any plea of
that kind in this court" Judge
Baker retorted.
Garrett Bates, deputy prosecutor,
handling the cases against the
three, then read a statement alleged
to have been made by Richard APP
plegate, indicted with Cummings,
IN which Cummings was named as
4