The Tacoma times. [volume] (Tacoma, Wash.) 1903-1949, 1940-08-24

ATTACKED u. ,. MarSnal A. ]
which resulted in death to Il
indicted for murder was sc,
were summoned for duty We
district court here to probe
Names Of IS persons as pros
peetive jurors were drawn before
Federal Judge Leon r. Yankwich,
of Los Angeles. presiding in court
here.
AS soon as the names were
drawn. court was recessed until
2 p. m. in respect for the memory
of Chitty, who died Thursday after
noon after the two eonvicts staged
an unsuccessful attempt to gain
freedom.
Funeral services for Chitty will
be held Saturday at 2:15 p. m. at
Mellinger's mortuary with the Rev.
Arthur Bell officiating. Crema-
ton will follow.
REPORTS AWAITED
Meantime, the two men-Joseph
Paul cretzer. rs. and his brother
in-law, Arnold Thomas Kyle, 20
were back at Mcneil island peni-
tertiary. with a five-year sentence
added to the rs years they were
sentenced to serve in connection
with the robbery of a Bank of
America branch at Los Angeles
Feb. 3, 1888.
Assistant u. S. District Attor-
ney Frank Hale awaited reports
of an autopsy performed during
the morning by a board OF three
surgeons to determine cause Of
death of Chitty.
The report Of the autopsy will
be presented to grand jurors when
they convene Wednesday.
THREE DOCTORS SERVE
The jury will be asked to deter
mine what charges shall be filed
against the two desperadoes In
connection with the attack. 1t is
possible the jurors may return an
indictment charging murder
against the pair. If evidence is
sufficient to show the attack was
the principal factor In Chitty's
death.
The autopsy board appointed by
Hale included DR.. F. G. Flothow,
Seattle brain specialist; DR.. +. X
Madison, well known Tacoma
physician and surgeon. and DR..
c. p. Larson, pathologist, Tacoma
General hospital
The two men were on trial on
charges of escape from a federal
institution and attempted escape
from their place of confinement
at the time the attack occurred
which resulted in death to Mar
shall Gritty.
TAKEN BACK TO COURT
The pair was accused Of threat
ening the life of a Mcneil island
prison trusty April 10, taking the
truck he was driving and fleeing
TO a wooded area about four miles
from the main building. Aban-
doning the machine, the convicts
dashed into IT,, dense brush.
The pair was found four days
later hiding in the brush short
distance from where they had
abandoned the truck. They were
exhausted from hunger and pri-
walton and offered no resistance
when captured.
After the attack on Chitty
Thursday afternoon. the pair was
taken back into the courtroom.
where the trial before a jury of
eight men and four women was
to proceed.
MEN WERE HANDCUFFED
After consultation with attor-
news. Cretzer and Kyle agreed TO
enter a plea Of guilty to the escape
charge and each was sentenced 70
serve five years in federal prison,
the term 10 start at conclusion Of
the 25-year bank sentence imposed
by Los Angeles federal court
The attack on Gritty occurred
shortly ter ESQ p. m. Thurs
day. just before court was 10 re-
convene after a recess for lunch
The two men, one wrist Of each
handcuffed TO each other. were
In q detention cage in the mar
shal's office, when Chitty. with
several aides, went TO unlock the
door TO take them into the court
room where the jury was waiting
for trial to resume
CHITTY Is STRUCK
As Gritty unlocked the door
the deputies stood back AZ a pre-
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