Evening star., 1924-06-02
LEOPOLD AND LOEB
COUNSEL WIN FIRST
SKIRM|SH IN COURT
Get Right to Advise Con-
fessed s'ayers of Franks
Boy on Precedence.
YOUTHS MAY BE KEPT
OFF STAND AT INQUEST
Defense Seeks to Halt State Effort
to Establish Sanity
CT Youths.
By the Associated Press.

ncy Grove announced today as .attor.
neys began their battle in behalf O.
Nathan Leopold and Richard Loeb
confessed kidnapers and slayers O
fourteen yearold Robert Franks
mat ne would seek two grand jur,
indictments against them tomorrow
The states attorney announcement
came when petitions for writs of ha
peas corpus were presented in crimi
naI court by counsel employed by tn.
1niilionaire fathers of Leopold anc
Loeb. The court made the writs re.
lurhable forthwith and the prisoner:
were taken Immediately into court.
rnalcsments charging kidnapping
Tor ransom and for murder, botf
punishable by death, will be asked
Mr.. Grove said
The legal battle, into which the
hIitiions. estimated as high as s25,.
VVg;o9o, OF the Leopoids and the Loebs
wa pe thrown in an effort to save
1he boys from the gallows. is in.
Tended merely to permit legal counsel
tc consult with them. The ATTORNEYS
say they do not expect to free them
Hearing Continued.
Chief Justice Caverly continued the
hearing on the writ until June and
ordered the boys sent to Jail withou,
pond, placing them in the custody OF
the sheriff as sought by the defense
attorneys.
Having won their first legal skir-
mish, counsel imm ediately went into
conIerence with the prisoners. They
intimated that the two youths would
not be allowed to testify at the in
quest.
Leopold was unbroken and appar-
entity still unffected by the tragedy
Loeb is the son Of a vice president
of Sears. Roebuck & Co, and Leopold
is the son of a box manufacturer and
lake shipping magnate. Both were
postgraduate students, Leopold in
law and Loeb in history, before their
arrest.
Defense counsel apparently were
satisfied with the continuance Of the
hearing as their intention was to
take the boys out OF police CUSTODY
States attorney Grove opposed, the
continuance or removal OF the pris-
oners.
Holding these boys since Thursday
without, color or law amounts to kid
naping," Attorney Clarence Darrow
of the defense declared.
Judge Caverly interposed that
had been abused by the police.
States Attorney Grove said today
finding of the typewriter on which
the ransom note was written. He
added that two revolvers had been
found in Leopold's room:
manned perplexed by the attitude. Of
the prisoners in Offering no other
motive than a desire for thrill, or
for adventure. for the crime. They
possible trip to Europe this month
which Leopold had discussed with
Leopold had told young woman,
father had promised him $4,000 for
the journey, but that sum he con-
sidered inadequate.
Hope to Halt Sanity Test.
Attorneys Darrow and BENJAMIN
Eachrach, for the defense jold the
court they were principally interested
not only in obtaining authority to
confer with the boys y ,an;s,I Put TO preyent yen
eral alienists already have questioned
the prisoners at the instance OF the
states attorneys.
States Attorney GROVE expressed
no dissatisfaction with the ruling OF
Chief Justice Caverly, although he
had desired to retain custody of the
prisoners. He continued his plans
TO go before the grand jury which
conYenes tomorrow and ask indict-
ment Of both boys on the separate
charges of kidnapping for ransom
and for murder. While the maximum
punishment for either offense is death,
the minimum penalty for kidnapping
for ransom is five years imprison-
ment and the minimum for murder
is fourteen years in prison.
Attorney Bachrach said he had not
talked with the boys sufficiently to
know whether they would repudiate
their alleged confessions:
Asked If he thought third degree
methods had been used to obtain the
"onfessions the lawyer said:
No physical violence was used.
but continued questioning and duress
are just as important as physical
force
Nothing to say" was all the boys
would say as they started for the in
quest.
Inquest COntfnued.
The inquest was continued until
June 81 without hearing testimony,
by agreement of counsel.
The two prisoners. who have be-
come enemies since the confessions,
struck the Franks boy with a, chisel,
were separated for lunch.
Miss Susan Lurie, university
senior, at whose home Leopold had
called several times. went to the
states attorneys office today. She
i =
very prominent family. She said she
met Leopold only a year ago.
Leopold and Loeb smoked cigar
cites during the short session of the
inquest. They showed no emotion.
The defense attorneys contended
that the youths have not been per-
mitted to discuss their predicament
with counsel chosen by the Leopold
and Loeb families. and that the state
has had alienists examine the boys in
an effort to forestall a. possible plea
OF insanity.
The inquest into the death Of the
Franks lad also was set for today.
Through confessions made public by
Robert e. Grove. states attorney,
and newspapers, 1t has been estab-
lished that the child WAS enticed into
an automobile occupied by Leopold
and Loeb on the afternoon OF
Wednesday, May 21. struck on the
head with a tape-wrapped cold chisel.
rolled into q heavy blanket with q
gag rammed down his throat and left
to die. His body, some Ave hours
later, according to confessions by
Leopold and Loeb, was stripped and
jammed into a culvert in q wild, iso-
lated spot on the far South Side,
where 1t accidentally was found the
next morning by passing laborer.
The youthful kidnapers--slayers.
who claimed they killed the lad
TfS0nffIv M ~, Po Ce (V0luynn 9N