Evening star., 1924-08-28

defendants pleaded guilty permit me
to call their attention to a section
of the statute and to the ruling of
the supreme court thereon. The su-
preme. court. has said:
Hearing Mandatory.
THAT part of section Of division
13 Of the Criminal Code making it the
duty of the court to examine witness
es as to the aggravation and mitiga-
tion of the offense in cases where the
party pleads guilty Is mandatory and
not discretionary, and it is necessary
for the court to make such examina-
ton when requested or desired. either
on the part Of the people or of the de-
fendant.
LAS to those who criticize our courts
for the delay in execution after judg-
ment. this is because they have been
reciting here that in England or some
other place they executed them with
in 10 days, it would respectfully call
their attention to section 749. chap
ter 3S, of our Revised Statute which
says:
when a defendant is sentenced
to death, the date set shall not oc-
cur before the tenth day of the term
of the supreme court occurring after
the producing of the Judgment.
80 that any defendant who was
sentenced to death in this county
since the date of the Indictment of
the two defendants in this case could
not be executed before the 18th day
of October next, which is the tenth
day of the next supreme court fol-
lowing the June term A. person SEN
fenced to death in the middle of June
could not be legally executed sooner
than a person sentenced to death be-
tween then and October 2.
1850 Pages of Exhibits.
II am going to take this case under
advsement, gentlemen. l have 1850
odd pages of exhibits. When l say
exhibits. 1t is part of the testimony:
it is the Bowman-Hulbert report:
parts of the confession; some of the
testimony that was read in secret
that contained matter that was not
fit for publica tion and should not be
heard in the courtroom, and it will
take me some little time to do that
and to prepare to decide this matter
Ito render judgment in this case.
II think / ought to have ten days
or so, and l will fix the day at Sep
tember 10. at $40 o'clock, and l will
say to those people who are here now
that there will be nobody admitted
in this room on that day except men,
bers of the press and members of the
family and sheriffs and the States
attorneys staff.
IF anything occurs whereby
could not be in a position, or cannot
be in a position to render it on that
day, l will notify the press and the
authorities at least three days in
advance. But there will be nothing
to deter me from rendering judgment
that dav Uanflappan nn1aSS IL iS
illness.
I'VE will continue this case now
until September the 10th at $50
o'clock"
Benjamin Bachrach-Both cases
your honor?"
The court-Both cases. Judgmen,
will be rendered in both cases at
one time.
End Of Trial in Sight.
The end Of the murder trial of the
age"-thus defined by States Attor-
ney Crowe-was in view today, as
the prosecutor began his third days
argument fof the death penalty. -
Stimulated bys the prospect of hear
ing the Climax of the States appeal
ihrongs swarmed into the vicinity OF
the county court building and
through it's corridors in numbers
NhiSh carry " outuO TIC
record of the more than six weeks
hearing. Only few more than the
capacity of the courtroom gained en-
trance to the building.
Clarence Darrow, chief defense coun-
sci and master pleader for the lives of
the two brilliant college boys, was in
court earlier than usual. He read
kilograms and mail addressed to him
by distant followers of the proceed
ings and chatted pleasantly with the
newspapermen.
Court attaches, firing under the
strain of the long trial and the per-
sistent crowding of spectators, mani
tested a happier hGmor generally as
they began what they believed to be
their last day of intensive ushering.
Mr.. Groves assistants were in
court few minutes before the ses-
sion began, but the prosecutor did
not enter until a few seconds before
the bailiff lifted his gavel to start
the day.
Judge Caverly appeared for the
first time in many days in his black
robe.
Leopold and Loeb were brought into
the courtroom and Loeb began con-
versation with his guard. He smiled
and then broke into a moment OF
laughter.
Leopold indicated sustained inter
est in the argument of the prose
cutor.
Mr.. Grove began with a statement