Indianapolis Times, Volume 45, Number 211, Indianapolis, Marion County, 12 January 1934 — Page 28

PAGE 28

JURY VERDICT CRITICISED BY JDDGE BAKER Miscarriage of Justice in Marlette Case, Says Bench. The criminal court jury that returned a verdict of guilty of grand larceny against Guy Marlette, indicted for robbery in connection with the holdup of Harry Schubert last September, was severely criticised by Criminal Judge Frank P. Baker yesterday. Judge Baker sentenced Marlette to serve one to ten years in the Indiana state prison. The jury was out eight hours deliberating the case, returning the grand larceny verdict at midnight Wednesday. By a strange twist of fate, William Sanders, who earlier had pleaded guilty to the crime and was the state’s star witness in the Marlette trial, must be sentenced to serve a minimum sentence of ten years. The penalty for robbery is a determinate sentence between ten and twenty years in prison; a grand larceny verdict bringing only a one to ten year prison term. “If your attorney had asked for a new' trial I would have granted it immediately,” Judge Baker told Marlette when he appeared before him for sentencing. “There has been a great miscarriage of justice in this case. The state in this trial presented a clear case of robbery and I am convinced that you are guilty of robbery. “Sanders must serve at least ten years because he pleaded guilty to robbery’, while you will be eligible for parole at the end of one year,” Judge Baker said.

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HEARTS GO PIT-PAT WHEN PAT POSES

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THE INDIANAPOLIS TIMES

CHARLES MACK, OF ‘TWO BLACK CROWS,BILLED Fatally Injured in Auto Accident in Arizona; Moran by Side. By United Pres* MESA. Ariz., Jan. 12.—Charles E. Mack, 46, whose droll humor in the “Two Black Crows” partnership delighted millions of listeners for years, is dead. He was injured fatally last night near this small desert town, when his automobile overturned, pinning him in the wreckage. With him were his partner, George Moran; his wife and daughter, and Mack Sennett, prominent film producer. They were injured, Sennett perhaps seriously. Mr. Mack died with a smile on his lips, shortly after being brought to a local hospital. Mr. Moran sat by his bedside, weeping. His wife, suffering from abrasions on head and body, was in an adjoining room. Attaches said she was on the verge of collapse. The accident occurred as the group was en route to Hollywood where the black-face stage, screen

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and radio comedians were to make a motion picture. “We were traveling about fortyfive miles an hour.” Moran said. “Mrs. Mack was driving and Sennett sat beside her. Charley, his

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daughter, (Mary Jane, 18) and I sat in the back seat. “Suddenly a tire blew out. I think it was a rear tire. The car lurched into a ditch and turned over three or four times. I can't remember, it

kll happened so suddenly. When I came to, I found myself crawling through the top of the car. I reached for Mary Jane to help her out and then we saw Charley, pinned beneath the back seat."

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JAN. XI, l<m

Former Ambassador Dead By United Press TOKIO. Jan. 12—Almaro Sato, former ambassador to the United States, died today.