New Britain herald., 1924-08-28

stricken from the records" said Judge cayeFly. just before taking under advisemsat the case in which he is to decide the punishment.
 Prosecutor Is stopped
 Judge eayerly stepped protest by the states attorney and said the prosecutor had tried to intimidate the court. knosing well that what he had said would be broadcast throughout inc land.
 Court has no other recourse than to do as it has done" he said. ''The states attorney knew that he would have no chance to reply"
 The court then started 10 read a prepared statement,
 Defends His Actions
 In it the judge defended his courb from criticisms of the proceedings,
 Some of these criticisms came from those who knew no better and some have been from those who should know better. he read.
 Judges Attack Is n Surprise.
 After portions Of the closing argu- ment of Robert F. Grove, states at- torney had been stricken out by Judge John R. Caverly as A "cow- ardly, dastardly attack upon the integrity of this court and an at tempt to intimidate it," the court took under advisement the penalty which he must decide for Leopold and Loeb.
 The remarks of the court came out of clear sky and startled the crowed courtroom Into shocked silence.
 Mir. Groves jaw dropped and he blanched visibly under the judicial broadside.
 Your honor. I had" he began, but the judge interrupted him.
 The states attorney knew full well that his remarks would be her aided far and wide," said the court, He knew too the court would have no opportunity to reply or defend himself from criticisms except by the action he has taken.
 The judge then read a prepared statement and at its conclusion he would give his decision September 10 at s;So a. m. unless illness pse- yents.'
 Public To Be Kept Out.
 Only the defendants, the attorneys for both sides, court attaches and newspapermen will be admitted to the final scene in the famous case.
 The stenographic report of the concluding scene was as follows:
 Mir. Grove: "The state rests"
 The court: Before the state rests in the other case. the court will or der stricken from the record the closing remarks of the states attor- ney as being cowardly and dastard- ly assault upon the integrity of this court"
 Mir. Grove: Tt was not so intend ed, your honor"
 The court: And 1t could not be used for any other purpose except to incite a mob and to try and intimi- date this court. It will be stricken from the record"
 Grove Replies
 Mir. Grove: If you honor please. the states attorney had no such in- tention."
 The court: we will go Oh"
 Mir. Grove: T merely want to put my personal feeling plainly before the court It was not the intention of the states attorney"
 The court: "The states attorney knew that it would be heralded all through this country and all over this world and he knows the court has not an opportunity except to Go what he did. It is not a proper thing to do."
 Mir. Grove: "It was not the in- tention.'
 The court: This court will not be intimidated by anybody at any time or place as long as he occupies this position.
 Now. ,n order to fix the date that I will set in this case, gentlemen, I want to gay there has been a great deal of criticism about the conduct of this case: some of it from we'll meaning people who knew no bet ter; others from those who should | know better.
 we have been criticized about | the delays of justice. The court has been criticized after a plea of guilty he permitted evidence to be heard and we have been critized because of the length of time it takes for an execution after the court passes 
 After stating that the trial was me of the speediest of it's kind and eviewing the chronology of the case Judge Caverly continued:
 T am going to take this case un- Ter advisement gentlemen. have $50 pages of exhibits. When I say xhibits, it is part of the testimony; [ is the Bowman Hubert report: art of the confessions, some of the estimony that was read In secret hat confined matter that was not t for publication and should not be card In the courtroom, and it will ake me some little time to do that, nd to prepare to decide this matter nd render judgment in this case. T think I ought to have 10 days r so. and l will fix the day at Sep amber 10 at e:30 o'clock and will
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