Evening star., 1937-06-29
IRWIN IS INDICTED
| IN TRIPLE MURDER
New York Grand Jury Hands
Up Three Indictments
Against Sculptor.
By the Associated Press

minutes after Mrs. Ethel Kudner com.
pleted her story Of the mad impulse
which led Robert Irwin TO kill her
mother, her sister and a lod9er last
Easter Sunday, New York County
grand jury handed up three indict-
ments today charging the eccentric
sculptor with first-degree murder.
Still showing signs Of the fear in
which she had lived since the triple
killing on Beekman Hill, Mrs Kudner
went before the grand jury shortly be-
fore noon. Five police officers followed
In quick succession and District At
torney William C. Dodge emerged with
the indictments.
Mrs. kudner was the second witness
called by Dodge, who personally pre-
sented the case to the grand jury TO
ask for three frst-degree murder in.
dictments-one for each of the VIC
tins, Mrs. Mary Gedeon. her lovely
daughter, "Ronnie," the artists model,
and Frank Byrnes.
Insanity to Be Defense.
The grand jury session opened as
Samuel S. LeiboWitz, widely known
criminal lawyer, went to the Tombs
to talk to Irwin and to lay his plans
for the expected insanity defense.
1t was Mrs. Kudner, Irwins con-
fesslon said, who was to have been
the victim Of his homicidal urge. It
was Mrs. Kudner who he loved and
hated" and whose death would bring
the way out" of his mental suffer-
ings.
Since the murders, Mrs. Kudner
and her husband, Joseph, have been
living secretly in Manhattan. but to-
day when they came to Criminal
Courts Building they disclosed they
had moved back to Woodside, Queens,
from which they were driven in ter
ror when they suspected Irwin as the
slayer Of "Ronnie" and her mother.
Mrs. Kudner followed DR.. Thomas
Gonzales. chief medical examiner. into
the grand jury room. The physician
testified briefly and emerged within
five minutes.
Seeks Alienist's Aid.
As Mrs. Kudner went into the
room. observers remarked: "She looks
scared She wore a black hat, .
gray tweed coat. Summer dress.
Dodge indicated beforehand he
would seek the electric chair for Ir-
win, anticipating LeiboWitz's plea Of
insanity and aware that the Brooklyn
lawyer has saved 1913 clients from
the death penalty-he has never lost
client to the executioner-the dis
trict attorney will seek to dkprcve
insanity as quickly as possible.
After the grand jury session today
Dodge expects to 60 before General
Sessions Judge William Allen for per-
mission to have DR.. Perry M. Lichten-
stein, alienst and medical adviser to
the district attorneys office. examine
Irwin in the Tombs.
The district attorney and Leibovitz
clashed on this point yesterday.
Irwin In Court.
Irwin, stroking his nose and xrin-
ming broadly. then was brought before
Judge William Allen in General ees-
sions Court for arraignment.
Samuel Leibowitz, nationally known
criminal lawyer, employed by Irwin,
refused to permit his client to plead
and won delay in the arraignment
until tomorrow.
Your honor, We do not wish to
y,1aaI OF AL to1
Judge Allen.
In my opinion, this man is crazy.
and before proper plea, according to
the code, is entered we'd like to have
24-hour delay"
The request was granted without
objection from Dodge
Henrietta Koscianski. hotel pantry
girl. whose memory for faces was
credited with leading to the sculptor's
arrest, attempted unsuccessfully to
enter Tombs Prison to see Irwin, with
whom she had worked in a Cleveland
hotel.
Recalls Police Promise.
To questions about the defense,
Leibowitz recalled the police Two
months ago had urged Irwin to sur
render with the promise. in effect.
that he would not be prosecuted IS a
sane man.
Irwin. meanwhile, was not scheduled
for another of the public appear
ances' he appears to enjoy until l:30
pm. tomorrow, time set for his hear
ing before Magistrate Alexander
Brough in Homicide Court on charges
Of triple homicide.
There was little prospect that the
trial would come within at least three
weeks. Leibowitz said he would ask
at tomorrow's hearing that it be de-
layed until Fall. The attorney Is
scheduled to 60 to Alabama next week
to appear as defense counsel in the
Scottsboro case.