The Indianapolis Star from Indianapolis, Indiana • Page 27

NOVEMBER 18, 1975 THE INDIANAPOLIS STAR PAGE 27 Roberts Is In Murder STAR STATE REPORT Angola, Ind. David J. Roberts of Indianapolis was found guilty last night of six counts of murder, arson and burglary in connection with killing three members of a New Whiteland family i in early 1974. The Steuben Circuit Court jury of eight men and four women deliberated more than four hours before returning their verdicts just before midnight. Roberts is to be brought back to Indianapolis today, where he is scheduled to go on trial tomorrow on rapekidnap charges in another case.

A SENTENCING, at which the jury here could be called on to hear evidence on three other indictments involving the murder case, was set for Nov. 26. THE CLOSING arguments yesterday before a Steuben Circuit Court jury ended six days of testimony. The jury of eight men and four women began deliberations at 7:40 p.m. yesterday.

Roberts was indicted on two charges of murder while perpetrating a burglary, one charge of murder while perpetrating arson, two counts of first-degree murder and one count of first-degree arson. The 31-year-old defendant was convicted of the Jan. 20, 1974, deaths of Mr. and Mrs. Bill E.

Patrick and their year-old daughter, Heidi. THE PARENTS were killed before the arsonist's fire was started to try to cover up the slayings and the infant died as a result of the fire, according to prosecution testimony. Albert Friend, an Angola attorney assisting defense attorney Tom G. Jones of Franklin, called the case "strange and bizarre." He listed 21 "unanswered questions" involved in the case and said, "It is my sincere belief that they have arrested and tried the wrong man." Jones then added it was his opinion the real murderer might still be "running around in Johnson County." REFERRING TO a book of the same name, Jones said "If there ever was a rush to judgment this was Never in 1 15 years of practicing law have I seen such a strung-out, thin lawsuit." Reviewing testimony, Jones said no signs of forced entry were noticed at the Patrick home, hinting the victims knew their attacker. The Patricks could not have been surprised by anyone because Heidi had been put to bed and the bathtub was filled with water, he said.

JONES ALSO cited inconsistencies in testimony by state witnesses, including two Indianapolis service station attendants who said they loaned a gasoline can to Roberts. "But they haven't established proof beyond a reasonable doubt," Jones added. One of the attendants said the customer only looked like Roberts, Jones continued. Jones accused the state of arresting a man and then trying to build a case Franklin Couple, 5 Children Named Family Of Year STAR HOME AREA REPORT Franklin, Ind. Mr.

and Mrs. Fred Linville and their five children, four of whom were adopted, have been named Franklin's Family of the Year in conjunction with the Jaycees-sponsored Franklin Family Week. Mr. and Mrs. Linville also were honored for their activities with Gateway Learning Center here.

Family Week will end Saturday with a parade. Flip Of A Coin Decides Clermont Election Edward T. Graham, Independent Party candidate for a seat on the Clermont Town Board from Ward 3, has been declared the winner after a coin was flipped to decide the outcome of a tie vote. Graham and Keith Hampton, the Progressive Party candidate, both received 194 votes in the Nov. 4 municipal election.

'Lab' Accredited The pathology laboratory at Hawley Army Hospital at Fort Benjamin Harrison has been awarded a certificate of accreditation by the College of American Pathologists. The laboratory has been found to have met the college's standards for laboratory performance. Convicted Of Family against him, and also of not bringing in all the evidence. THE STATE HAS tried to show Roberts killed Patrick to keep him from testifying against Roberts at a theft trial in Indianapolis, Jones said. But Patrick already had been deposed and his deposition would be admissible in court if he was unable to testify in person, the Franklin attorney said.

The February, 1974, theft trial was the third time the case had been set and nothing happened to the victim the other times, Jones said. D. Charles Gantz, Johnson County prosecutor, placing, pictures of the three victims the witness stand, told the jury, "If they hadn't been rubbed out they would be here to tell us what happened." BUT ROBERTS did leave a calling card, a gasoline can he borrowed from the Indianapolis service station 11 hours before the fire was discovered, Gantz said. "What do we do with people who murder citizens? What do we do with people who set fire to dead bodies and then that fire kills babies?" Gantz asked the jury. Pointing to Roberts Gantz said, "This man is pretty intelligent.

It took an intelligent man to commit the crime." Experts had a rough time because it was "near-perfect homicide," and the victims were killed with only the slightest traces of what caused their deaths, Gantz said, adding: "That's the man who killed the people in New Whiteland!" CONCERNING inconsistencies as to when the gasoline can was picked up, personal checks written by Roberts, on which dates do not coincide with state witnesses' statements, are not conclusive because they could have been postdated, Gantz pointed out. The polygraph (lie detector) test which Roberts passed in the theft case does not eliminate the motive because Roberts' attorney in that case had told him it still would be Roberts' word against Patrick's if it came to trial, Gantz said. BESIDES, the prosecution was unaware the polygraph test was administered and variables in the testing process could make the results unreliable, Gantz added. Where was Roberts from about 11 p.m. Jan.

19 to about 4:30 a.m. Jan20, 1974," Gantz asked rhetorically. "He was right there in the Patrick house doing his dirty work." Morgan County's Sheriff Seeking Return Of Escapee STAR STATE REPORT Martinsville, Ind. Morgan County Sheriff Paul Mason said yesterday he has begun extradition proceedings to bring John P. Brittian, 34, Chicago, an escapee from the jail here, back from Paducah, Ky.

Brittian, who has used aliases of Robert M. Fish and John Doolan, was identified through fingerprints during the weekend. He was arrested on robbery charges at Paducah on Oct. 28. HE ESCAPED from the Morgan County Jail on Oct.

20 with two other men. Brittian was due to be sentenced on an armed robbery charge the following day. The other men, Alton Wilson, 18, and Allen Bell, 19, were recaptured shortly after the escape. Mason said Brittian originally was booked here under the alias of Robert M. Fish.

Brittian also is wanted for escaping from the Cook County Jail Chicago and on robbery charges at Edwardsville, Ill. State Gets 1st Woman Conservation Officer Pamela Dailey, a police dispatcher at Crown Point, yesterday was introduced as Indiana's first woman conservation officer. Joseph D. Cloud, director of the Indiana Department of Natural Resources, said the former junior high school English teacher has been assigned to Allen County as an assistant to the officer already on duty there. Mrs.

Dailey recently completed the annual Indiana conservation officers school. Cloud said she was the first woman ever enrolled for such training. Mrs. Dailey is a Purdue University graduate. Winter Water Activities Available To Handicapped Recreational and therapeutic water assisted by a staff of volunteer lifeactivities for handicapped persons are guards, nurses, therapists and park deamong the wide variety of wintertime partment employes.

swimming activities being offered by Other programs include a noontime the Indianapolis Department of swimming program for Parks businessmen, and Recreation. swim classes for all Most winter programs will be avail- fants ages including inthe three accompanied by at least one parable at each of department's ent, scuba diving, synchronized and indoor pools: Riverside, 2420 East competitive swimming and water polo. Riverside Drive; Krannert, 605 South High School Road, and Thatcher, 4649 Additional information is available West Vermont Street. from Scott Killebrew, parks departPrograms for the handicapped will ment aquatics co-ordinator, at the debe held from 9 a.m. until noon each partment headquarters, or Ray LawSunday at the Thatcher pool.

There is rence, Indianapolis Swim Club coach, no entry fee and participants will be at 924-9151. Thomas M. Barton OBITUARIES Mrs. Norma Schakel Services for Mrs. Norma M.

Schakel, 79, will be held at 2 p.m. Wednesday in Trinity Lutheran Church, of which she was a member, with burial in Concordia Cemetery. Friends may call from 2 p.m. to 9 p.m. today in Shirley Brothers Irving Hill Chapel.

Mrs. Schakel, a lifelong Indianapolis resident, died Sunday in her home at 957 North Layman Avenue. She was secretary of the Shelby Federal Savings and Loan Association 25 years, retiring in 1962. Mrs. Schakel was the widow of Fred C.

Schakel. Survivors include, two sisters, Mrs. Maym Prange and Mrs. Elsa Koch, both of Indianapolis. Paul R.

Miller Services for Paul R. Miller, 71, will be held at 2:30 p.m. Wednesday in Conkle Lyndhurst Funeral Home, with burial in Mount Olive Cemetery at Martinsville. Mr. Miller died Sunday in his home at 2501 South Roena Street.

He was born in Morgan County and had lived in the Indianapolis area 30 years. He was a toolmaker with Chevrolet Motor Division of General Motors Corporation 12 years, retiring in 1971. Mr. Miller was a member of Mount Olive United Methodist Church at Martinsville. Survivors include his widow, Mrs.

Katherine Miller; a son, Earl Campfield of Indianapolis, and three daughters, Mrs. Sarah Craig of Camby, Mrs. Mary Edwards of Beaver Falls, and Miss Ruth Miller of Indianapolis. Franklin Hapner Services for Franklin W. Hapner, 61, 215 East Troy Avenue, Apt.

16-B, a mail sorter for the United States Postal Services for 16 years, will be held at 2 p.m. Thursday in Usher Funeral Home, with burial in Memorial Park Cemetery. An Indianapolis resident for 58 years, he died Saturday in his home. He was awarded the Bronze Star while serving in the Army in World War II. He was a member of Englewood Masonic Lodge 715, the Scottish Rite and Murat Shrine, Mr.

Hapner was a native of Illinois. Survivors include his widow, Mrs. Katherine Hapner; a stepson, Martin C. Lomen, and two stepdaughters, Mrs. Kathy Millirns and Mrs.

Celestine DeVore, all of Indianapolis. Fred Burger Fred Burger, 93, 1240 North Irvington Avenue, died yesterday in Community Hospital. He was born at Rikkenbach, Switzerland, and had lived here 60 years. Mr. Burger was a maintenance employe of the New York Central Railroad 17 years, retiring in 1962.

He was a member of Hope (Ind.) Baptist Church. Services will be held at 2 p.m. Wednesday in Dorsey-Feene Mortuary. Burial will be in Washington Park East Cemetery. Survivors include a daughter, Mrs.

Eva Hayes of Hope, and three sons, Russell Burger of Angola, Norman Burger of Bellbrook, Ohio, and Earl Burger of Indianapolis. Willard K. Brock Willard K. Brock, 63, died yesterday in his home at 516 Dayton Avenue. A lifelong Indianapolis resident, Mr.

Brock was a welder with Diamond Chain Company the last 28 years. He was a member of United Steelworkers of America and an Army veteran of World War II. Services will be held at 2:30 p.m. Wednesday in Shirley Brothers Irving Hill Chapel, with burial in Mount Jackson Cemetery. Survivors include his widow, Mrs.

Annette Brock, and two stepsons, Donald Jones of Indianapolis and Michael Oliver, stationed with the United States Air Force in Hawaii. Mrs. Anna Southwick Services for Mrs. Anna E. Southwick, 7125 West 71st Street, widow of Clifford D.

Southwick, will be held at 1 p.m. Wednesday in Conkle Speedway Funeral Home, with burial in Memorial Park Cemetery. She died Sunday in her 1 home. A native of Madison County, Mrs. Southwick lived in the Indianapolis area 44 years.

She was a member of West Washington Street Presbyterian Church. Survivors include a son, Clifford D. Southwick Jr. of Indianapolis. Mrs.

Will Bostic Services for Mrs. Will (Carolyn Maxine) Bostic, 41, 2445 Broadway, will be held at 1 p.m. Wednesday in King and King Chapel, with burial in New Crown Cemetery. Mrs. Bostic, a lifelong Indianapolis resident, died Saturday in Methodist Hospital.

She had been a matron with the Indianapolis Public Schools the last year. She was a member of Mount Moriah Baptist Church. Survivors, besides her husband, include a daughter, Miss Frances Bostic, and her father and stepmother, Mr. and Mrs. William Campbell, all of Indianapolis.

Vince Poole Services for Vince Poole, 61, who died Saturday in a local nursing home, will he held at 11 a.m. Wednesday in Willis Mortuary, with burial in Floral Park Cemetery. Mr. Poole was born at Hopkinsville, and had been a laborer here several years. Thomas M.

Barton, 67, 1350 North Meridian Street, an Army Air Corps veteran of World War II, died yesterday at home. A lifelong resident of Indianapolis, he was employed by the City Street Department eight years until his retirement. Previously he was an employe of the Indianapolis Power Light Co. 10 years. Mr.

Barton was a member of SS. Peter and Paul Cathedral parish and a graduate of Cathedral High School. Survivors include his three brothers, John J. Barton, former mayor of Indianapolis; Judge Patrick J. Barton of Municipal Court, Room 10, and the Rev.

James Barton of Liberty, and four sisters, Mrs. Emmett McCarty and the Misses Margaret Veronica and Martha P. Barton, all of Indianapolis. Services will be held at 9:30 a.m. Wednesday in Feeney-Kirby Mortuary and at 10 a.m.

in the cathedral. Burial will be in Holy Cross Cemetery. John Henry Hoskins John Henry Hoskins, 65, died yesterday in his home at 1021. West 37th Street. He was born at Brazil, and had lived here 53 years.

He was a custodian with the Indianapolis Public Schools seven years, retiring earlier this year. Before that he was employed in the casing department of the Hygrade Food Products Corporation and its predecessor, Kingan a total of 40 years. Funeral arrangements are incomplete. Burial will be in Crown Hill Cemetery. Survivors include his widow, Mrs.

Carrie Hoskins; a son, Donald Holloway, and four daughters, Mrs. Alice Phillips, Mrs. Johnetta Killion, Mrs. Audrey Buford and Miss Carol Hoskins, all' of Indianapolis. Mrs.

Dora Kinder Services for Mrs. Dora A. Kinder, 88, who died Sunday in a local nursing home, will be held at 1 p.m. Wednesday in Shirley Brothers Irving Hill Chapel, with burial in Memorial Park Cemetery. She wast the widow of former Indianapolis Police Department Capt.

Claude R. Kinder. Mrs. Kinder was a member of Englewood Christian Church, Englewood Chapter of the Order of the Eastern Star, and Indianapolis Button Club and a former member of Women's Christian Temperance Union. Mrs.

Eunice Cooley Mrs. Eunice H. Cooley, 83, formerly of 6420 East Washington Street, a native of Union County and a resident here 50 years, died in a local nursing home. She was a member of Irvington United Methodist Church and the widow of Howard Cooley. Services will be held at 10 a.m.

Wednesday in ley Brothers Irving Hill Chapel, with burial in Dale Cemetery at Connersville. Surviving is a daughter, Mrs. Thelma Rambarger of Kayenta, Ariz. Mrs. Elmer Duke Mrs.

Elmer (Marjorie Duke, 52, 7137 Twin Oaks Drive, a licensed practical nurse, died yesterday in Community Hospital. Born at Milton, she had lived in Indianapolis most of her life. She was a member of Garfield Park United Church of Christ. Services will be held at 11:30 a.m. Wednesday in the G.

H. Herrmann Madison Avenue Funeral Home, with burial in Forest Lawn Memory Gardens. Survivors besides her husband include a daughter, Mrs. Charles (Karen) Long of New Whiteland. Acey Shears Acey Fielding Shears, 80, a lifelong resident of Indianapolis, died yesterday in St.

Augustine Home for the Aged. He was a retired postal worker and Army veteran of World War I. Services will be held at 11 a.m. Wednesday in St. Augustine's, with burial in Crown Hill Cemetery.

Indianapolis Man Dies Of Injuries From Auto Crash Roy Huckleberry Salem, Ind. Services for Roy Huckleberry, 87, former Salem resident and longtime personal secretary to former Ninth District Congressman Eugene B. Crowe, will be held at 2 p.m. today in the Hollis Funeral Home here. Burial will be in Salem Crown Hill Cemetery.

Mr. Huckleberry died Friday at Leesburg, where he resided in recent years. Mr. Huckleberry won the Democratic nomination for the Ninth District representative in 1942 as a captain in the Army while serving at a construction outpost in South America. His efforts later were acclaimed in a national magazine.

His nomination later was challenged under terms of the Hatch Act. Earl Wilson was the Republican nominee. Mr. Huckleberry was a graduate of Indiana University School of Law and also had taught school at one time. He served in the Army in World War I.

Survivors include a daughter, Mrs. Jack K. Elrod of Indianapolis, and a son, Donald G. Huckleberry of Leesburg. Herman Emery Herman (Bill) Emery, 62, Indianapolis, died yesterday in Community Hospital.

He was born at Paris, and had lived here 30 years. Mr. Emery was employed with Western Electric Company Inc. 24 years, retiring last year. He was an Army veteran of World War II and a member of Fortville Veterans of Foreign Wars, Western Electric Pioneers' Club and Western Electric Fishing and Hunting Club.

Graveside services will be held at 1 p.m. Thursday in Grandview Cemetery at Bloomfield. Friends may call from 3 p.m. to 9 p.th. Wednesday and 8 a.m.

to 10 a.m. Thursday in Harry W. Moore Arlington Chapel. Survivors include his widow, Mrs. Mary Jo Emery, and his mother, Mrs.

Edith Huston of Linton. Harry Cederholm Harry A. Cederholm, 68, 6850 North Keystone Avenue, died yesterday in Community Hospital. A lifelong Indianapolis resident, Mr. Cederholm was an advertising salesman with Advertising Specialties Company the last 27 years.

He was a member of Musicians' Union Local 3, Fraternal Order of Police, Moose Lodge 17, Sycamore Springs Golf Club and Butler University Alumni Association. Services will be held at 11 a.m. Wednesday in Flanner and Buchanan Broad Ripple Mortuary, with burial in Crown Hill Cemetery. Survivors include his widow, Mrs. Mary Cederholm, and two daughters, Mrs.

Karen Robey of Tampa, and Mrs. Marilyn Masterson of San Antonio, Tex. Paul Denny Services for Paul Denny, 60, 432 Sanders Street, will be held at 10:30 a.m. Thursday in Gordon Queen Funeral Home at Shoals, with burial in Spring Hill Cemetery at Shoals. Friends may call from 3 p.m.

to 9 p.m. today in J. C. Wilson Chapel of Chimes. Mr.

Denny died Sunday in Wishard Memorial Hospital. He was born in Martin County and had lived here 27 years, during which time he was a meat cutter with Kroger Company. He retired last May. Mr. Denny was a member of the Meat Cutters' Union.

Survivors include a brother, Floyd Denny of Indianapolis, and a sister, Mrs. Audrey Gibson of Shoals. Mrs. Trilby Reneau Mrs. Trilby Jones Reneau, 73, 4441 Indianola Avenue, died yesterday in Winona Memorial Hospital.

She was born at Newport, and had lived here 25 years. Mrs. Reneau, widow of George D. Reneau, was head of the East Street Plant payroll department of Stokely-Van Camp Inc. 15 years, retiring in 1966.

Services will be held at 10 a.m. Wednesday in Flanner and Buchanan Fall Creek Mortuary, with burial in Union Cemetery at Newport. Memorial contributions may be made to the donor's favorite charity. Paul E. Terry Paul E.

Terry, 59, 1502 North Tuxedo Street, died yesterday in Methodist Hospital. A resident of Indianapolis 50 years, he was a sheet metal fabricator for Mouron Co. Inc. He was a member of Zion Evangelical United Church of Christ, Brookside Masonic Lodge 720 and the Scottish Rite. Masonic services will be held at 10:30 a.m.

Thursday in Jordan Funeral Home, with burial in Washington Park East Cemetery. Survivors include his widow, Mrs. Violet Mae Terry, daughter, Mrs. Dorothy Lee Endres of Indianapolis, and son, Paul E. Terry Jr.

of Carmel. Mrs. Meisberger Services for Mrs. Lucy Meisberger, 95, 214 East Edgewood Avenue, will be held at 1 p.m. Wednesday in Bovards Funeral Home at Versailles, with burial in the Vernon Cemetery.

Mrs. Meisberger, widow of Adam' Meisberger, died Sunday in a local nursing home. She was a former Ripley County resident. Deaths Around World ROBERT C. SHERIFF, 79, playwright-novelist who wrote the play "Journey's End" about World War and who wrote screenplays for the films Invisiple Man." "Goodbye, Mr.

Chips" and "The Dam Busters," Thursday outside London, England. MICHAEL AYRTON, 54, British sculptor, writer and theater designer best known for his interpretations of Greek legends, Monday at London. HELENA DEVEREUX, 90, pioneer in the establishment of residential centers for the treatment of mentally retarded and emotionally disturbed children, Monday at Devon, Pa. Death Notices on Page 31 Three young persons, including an Indianapolis man, were the latest to die in traffic accidents on Indiana highways. Killed were: E.

Allyn Van Horn, 22, 4117 Clarendon Road. Brent W. Herwehe, 18, LaPorte. Charlotte Talbott, 22, Henryville. E.

Allyn Van Horn, 22, 4117 Clarendon Road, died yesterday in Community Hospital of injuries suffered Friday when the car he was driving collided with another car in the 6100 block of East 30th Street. Police said Van Horn drove from the driveway of the RCA Corporation plant, where he was employed, into the path of a car driven by Errol E. Griffin, 32, 721 Evergreen Court. Griffin was injured slightly. Van Horn was a lifelong Indianapolis resident and a member of Witherspoon Presbyterian Church.

Services will be held at 11 a.m. Thursday in Summers Northeast Funeral Chapel, with burial in Crown Hill Cemetery. Survivors include his parents, Mr. and Mrs. Earl Van Horn; and a sister, Miss Tracy Van Horn, all of Indianapolis.

Indiana Traffic Toll City-County 75 This Date 1974 89 Indiana 996 This Date 1974 1,056 Mrs. Marie Ramsey Services for Mrs. Marie Ramsey, 77, who died Sunday in a local nursing home, will be held at 2 p.m. Wednesday in Smith Funeral Home at Carmel, with burial in Little Eagle Creek Cemetery at Westfield. Mrs.

Ramsey, widow of Doyle Ramsey, was born at Logansport and had lived here 38 years. She was a member of Pleasant Grove United Methodist Church. Survivors include two sons, John P. Ramsey Westfield and Richard Ramsey of Carmel. Indiana Deaths Anderson Clayton L.

Powell, 66. Bedford Carl E. Keithley, 63. Bicknell Othmar A. (Ott) Rottet, 71.

Bloomington Mrs. Opal A. Gartin, 78, widow of Howell Gartin. Cambridge City Galen J. Howard, 77.

Crawfordsville Lawrence R. Far77. Jasper Theodore Schnarr, 75. Mays Melvin K. McDaniel, 40.

Milford Roy E. Bowles, 54. Richmond Nils A. Person, 71; Ernest Pollard, 79. Terre Haute Albert (Bud) Walker, 73.

Westport Mrs. Wilma Mae Hastings, 74, widow of James C. Hastings. Vincennes Fred Kismiller, 83: Mrs. Esther Rehwald, 80, widow of Oscar Rehwald.

Azores May Sever Ties With Portugal Lisbon, Portugal (UPI) The governor of the Azores warned yesterday that the mid-Atlantic islands might declare independence from Portugual if the "state of anarchy" at Lisbon is not brought to an end. "The Azores will not be dependent on a state of anarchy," Azores Governor Gen. Altino de Magalhaes said in a statement. "'The regional junta (of the islands) will refuse any government that is non-representative and is acting against the will of the Portuguese people." CROWN HILL Someone, Sometime Must Decide. You owe it to yourself and your family to make cemetery arrangements personally and in advance of need at Crown Hill.

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