Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-30
WILL NAME PENALTY
MORNING OF SEPT. 10
ON BOTH THE COUNTS
Continued from Page y


Cook county.
ITO those who criticize the court
for listening to testimony after the
defendants pleaded guilty, permit me
to call their attention to section
of the statute, and to the ruling
of the supreme court thereon. The
supreme court has said:
That part of section four of
division 13 of the criminal code max
ing it the duty of the court to ex-
anime witnesses as to the aSSraVa-
ton and mitigation of the offense
| in cases where the party pleads
| guilty, is mandatory and not discre-
| tionary, and it is necessary for the
court to make such examination
when requested or desired, either
on the part of the people or of the
| defendant. 1t would be reversible
! error not to do So
AS to those who criticize our
| courts for the delay in execution
after judgment, this is because they
| have been reciting here that in
| England or some other place they
executed them within 10 days. [
would respectfully call their attention
to section 749, chapter 49, of our
| revised statute, which says: When
| a defendant is sentenced to death
| the date set shall not occur before
| the 10th day of the term of the
| supreme court occurring after the
producing of the Judgment
1000 Pages of Exhibits
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 10th day of the next term
of the supreme court following the
June term. A person sentenced to
death in the middle of June could
not be legally executed sooner than
a person sentenced to death between
| then and October 2.
| Il am going to take this case I'M
| der advisement, gentlemen. L have
/ $50 pages, practically 1000 pages
of exhibits. When | say exhibits, it
| is part of the testimony; it is the
| Hubert report; parts of
| the confession; some of the testi.
! mony that was read in secret that
! contained matter that was not fit
| for publication and should not be
heard in the court room, and it will
take me some little time to do that
| ard to prepare to decide this mat
ter and render judgment in this
! case.
az think 7 ought to have 10 days
! or so, and l will fix the day at Sep.
| TENDER 10 at $3.50 o'clock, and [ will
| to
now that there will be nobody ad
mitted in this room on that day, ex
cept members of the press and mem
| b"rs of the family and sheriffs and
| the states attorneys staff. If any,
| thing occurs whereby 1 could not
be in a position or cannot be in a
| position to render it on that day, /
| will notify the press and the au
| thorities at least three days in ad
! vance. But there will be nothing to
deter me from rendering judgment
on that day, gentlemen, unless it
! is illness.
| 1--WE will continue this case now
until September the tenth at $50
o'clock.
Benjamin Bachrach: Both cases
your honor?"
The Court: Both cases. Judgment
will be rendered in both cases at one
time"
Mr.. Grove began his argument
with the statement to Judge CaverIy
that two Chicago boys, sixteen and
nineteen years of age, had confessed
"to the states attorney last night
that they had murdered a woman
! for $50"
! He then raised his voice from the
conversational pitch and resumed
his discussion of the banking trans.
actions of young Loeb as revealed
from the statement from two of his
banks covering some eighteen
months before the crime.
He alluded early in his address to
''crimes A, B, G and D." and sug'
| gested that the larger deposits re-
Vealed in the hank statements may
be explained by "A, b, C and D."
He turned then to his theory OF
money motive" citing again the
quotation from the first ransom let
ter written to Jacob Franks, the
father of the victim, in which the
defendants told the parent this
is strictly a commercial proposition, y
Youth No Defense
In the final stages of his argu.
ment, Mr.. Grove told Judge Caverly
| that youth is no legitimate defense
to crime.
Clarence S. Darrow has talked
much about mercy for youth" said
Mr. Grove. He is a student OF
cirminology. He has written a book
| on it, and III thaC book he says that
| the criminal age is between il and
"a. Your honor knows that the aver
age is %.
How can we punish crime and
by punishment stop it, if age is a
| defense?"
Mr.. Grove hammered at his previ-
Gus point that the motive for the
case at bar was money. He also re
viewed briefly the pathological con
| dition of the defendants, concluding
that Leopold's revealed only early
development, and Loeb's the result
of depravity.
The prosecutors voice was husky
! ana he asked a short recess before
beginning his peroration.
Reviews Youngsters Hanged
Reviewing the record of young
men hanged in Illinois, Mr.. Grove
recalled the hanging Of Thomas
Schultz at nineteen. "These were not
the poor sons of multi-millionaires,
ne explained impassionately. "These
were the rich sons of poor men; men
b ought up in the tenements, picked
u3 from the gutter, who had been
denied the advantages of intellectual
| development"
| He cited the case of a negro
| hanged at eighteen.
Walter krauser. sitting now in
| thu county Jail in Chicago, marking
off the days until he shall hing, is
| twenty-one, your honor" Mr.. Grove
said.