Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-30
WILL NAME PENALTY !
MORNING Of sept. 10.
ON BOTH THE COUNTS.
CaverIy Issues Statement.
Answering Yelled Charge
of Corruption

CrOWe, states attorney, had been
stricken from the record by Judge
Tohn r. Caverly as a 'cowardly, das-
ardly attack upon the integrity of
his court and an attempt to intinAi-
late it, the court took under ad-
,isement today the penalty which he
must decide for Nathan Leopold, Jr.,
md Richard Loeb, confessed kidnap-
rs and murderers of Robert Franks.
The remarks of the court came
,ut Of clear sky and startled the
crowded courtroom into shocked
silence.
Mr.. Groves jaw dropped and he
olanched visibly under the judicial
roadside.
your honor, had" he began,
out the judge interrupted him.
1.-THE states attorney knew full &
veil that his remarks would be her.
llded far and wide," said the court.
He knew, too, the court would have
10 opportunity to reply or defend
himself from criticisms except by
he action he has taken"
The judge then read a prepared
statement and at its conclusion an
he would give his decision
September 10 at $3.50 a. M, unless
Illness prevents"
Only the defendants, the attorneys
or both sides, court attaches and
newspaper men will be admitted to
he final scene in the famous case.
The court did not state specifi-
ally what portions of Mr.. Groves
aroused his ire. 1t was re-
,alled, however, that the states at
orney had referred to possible out
breaks if the death penalty were not
imposed and had emphasized the
power Of money in the
courts and the wealth of the de-
endants.
Defends Cortland
Just before the argument closed
Mr.. Grove also made 9 defense Of
he testimony by James Cortland,
one of his staff detectives, that Leo
bold had expressed a hope to escape
he death penalty by pleading guilty
before friendly judge" This had
been denounced by Mr.. Darrow as
perjury" and when Mr.. Grove de.
ended it the court asked the Ste
1ographers to give him a special
copy of that statement. E
None of the attorneys in the case
would comment after the proceed
ngs were over. Clarence S. Dar-
'ow, Benjamin Bachrach and Wal
er Bachrach, the defense leaders,
aid it would be improper. and Mr..
CroWe remarked merely that he had
been talking three days"
The stenographic report of the
scene between the judge
nd prosecution was as follows:
Mr.. Grove: "The state rests" g
The Court: Before the state rests
II the other case, the court will
rider stricken from the record the
losing remarks Of the states attor-
ley as being a cowardly and das-
ardly assault upon the integrity Of
his court"
Courts Only Chance
Mr.. Grove: It was not so intend
d, your honor"
The Court: And it could not be
sed for any other purpose except
o incite mob and to try and intini-
late this court. 1t will be stricken
rom the record" -
Mr.. Grove: eff your honor please,
he states attorney had no such in
entiOn." -1
Mr.. Grove: 81 merely want to put
ny personal feeling plainly before
he court. IT was not the intention
f the states attorney"
The Court: 1.-THE states attorney
new that it would be heralded all
through this country and all over
hi. world and he knows the court
asn't an opportunity except to 10
o (
hing to do"
Mr.. Grove: ct was not the inten-
ion"
The Court: "This court will not
re inundated by anybody at any
ime or place as long as he occupies
his position" W,
Now, in order to fix the date :
hat I will set this case, gentlemen, 3
want to say there has been a great
cal Of criticism about the conduct
i this case; some Of it from we'll
meaning people who knew no better;
theirs from those who should know
letter.
Claims Trial Was Speedy
1--WE have been criticized about
he delays of justice. The court has
zen criticized because after a plea
f guilty he permitted evidence to
e heard, and we have been critj-
lied because of the length of time
takes for an execution after The
curt passes judgment.
Permit me to say with reference
o the delays Of justice that this
rial is one Of the speediest trials
+ a criminal case ever heard in
,ook county in which the state has
sked the death penalty.
And this could not have been
one if it had not been for the able
lanner in which the states attor-
ey of this county investigated and
repaired his case and was ready to
o to trial when called.
"The defense are to be commend.
d because they made no attempt to
The -" murder ar i lwas committed on
lay d. exactly two months before
he trial started. The defendants
ere arrested on May 81, ten days
fter the murder, indicted within a
hort time thereafter and within six
1eeks of the day of indictment this
ase was on trial.
Quotes Evidence Ruling
$50 that it cannot be truthfully
aid that their wealth or property
ad anything to do with the delay
1 this case, because there was no
clay.
There were 81 murder indict-
rents returned for murders COM
Continued ON Tage 3, -Coigmn 81