Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-07-31
COURT DENIES JURY
AS GROVE OPPOSES
SANITY TESTIMONY
Continued From Page u


point alienists to inform him wheth-
er that defendant was competent TO
! plead guilty. | did in fact adopt
| that very course in a recent case,
! and it resulted in a sentence of life
imprisonment
1T is true that the counsel who
might be appointed by the court to
defend a man would have no right
to waive that mans constitutional
right, and this holds true right now,
| have right to know whether
these boys were competent to plead
guilty through their counsel or on
their own voition.
who said they are offering plea
of Insanity" said the judge Il
| have a perfect right to go into the
state of defendants mind and learn
| what that had to do with the cir
cumstances of the crime.
L agree that this court cannot
pass on question of insanity, but
unless [ conclude that these men
must be insane, at which point /
/ must impanel a jury, [ can inquire
into the mental circumstances of
their acts
I'VE are not going into the in
sanity question at ALL" announced
Walter Bachrach for the defense.
During the argument Judge Cav
erly declared that the defense would
not be permitted to go into evidence
Of insanity, and demanded to know
from the state whether it had any
authorities to show what would pre-
vent him from hearing evidence as
to state of mind or in mitigation.
Off on Tangent
Mr.. Grove, in arguing, asserted:
Il insist when the court indicates
he is with the defense the state has
a right to argue. Has insanity JUS
tice as a pea?"
The court answered yes" but at
the same time Darrow and Bach
rach, defense counsel, joined in. a
mo"
You folks have gone off on the
wrong tangent" Judge Caverly ad-
dressed the state. They are not
going to introduce any testimony
that they are insane. The state is
the only one saying anything about
insanity. They are not going to be
permitted to put on an insanity de-
Tense. Go ahead with your authori-
ties. not as to insanity, but as to
| mitigation because Of state of mind.
Go ahead as to the Illinois supreme
court"
One Of the states attorneys at
tempted to cite from Blackstone,
and Judge Caverly interrupted with
from the Illinois supreme court"
and the counter was made:
The Illinois supreme court is
founded on Blackstone"
You cannot escape it," the state
said.
We'll, Wen try to-" replied Judge
CaVerly.
IF there is any question of miti
cation because Of insanity then it
properly becomes a case for a jury
trial" the state persisted.
Clarence S. barrow, chief defense
counsel. interrupted with one of his
cool. infreqUent remarks:
The statute provides the court
may listen to anything on mitiga-
ton. The legislature has given wide
latitude. Anything as to mitigation
because of mind is admissible.
Insanity Plea Barred
The state proceeded to cite au-
thOrities on moral mania" asserting
that any evidence of partial or gen
eral mania, lis insanity
doctors have given sanity
many names. but in the law we have
only one, and if there is any ques-
ton Of the sanity it is one peculiar
ly for a jury the state argued, and
cited further authorities.
Judge Caverly then asserted the
defense would not be permitted to
present evidence OF legal insanity,
AID the argument continued on the
question of presentation Of testimony
in mitigation of murder.
W-aItpI, Racbracb cited ant hOritipS
to prove the defense contention that
the court might exercise discretion
within a range embraced by all the
circumstances Of the defendants
age. previous good character and
mental condition.
I'VE had the right to show the
psyco-p pathological condition of these
defendants, just as we would have
the right to show that crime was
committed while the defendant was
under influence of a drug"
Argument Becomes Squabble
The argument reached the stage
where it was A. squabhle with five
or six attorneys and the court all
talking at once and the official
stenographers in despair.
After the argument had lasted
ninety minutes and gotten back TO
tue SOdlG > ei' NNtot'b4OIA AliC'N AAIC "
Tense was trying to plead both sane
and insane a t the same time. Bach
rach suggested that IAN hour and
One-half had been wasted"
NO" said Judge Caverly, lit has
not been wasted. The court will
take d day and one-half on this If
necessary.
At one point when the argument
waxed warm, States ATTORNEY
Grove heatedly remarked to the
court
If you hear this evidence as 20
insanity and YOU sentence these
men 10 life imprisonment and Mr..
barrow takes the case TO the SUI
preme court, III confess error"
AS Mr.. barrow broke in with:
NO, no; there'd be nothing"
Judge CaverIy interjected:
I do not care what you gentle
men DO when ] get through"
Debate Warns Again
FOur-ffths of the spectators at
the opening of the afternoon SEES
sion were women. Judge Caverly
announced a change of hours for the !
hearing, dividing the court day into /
two two-hour sessions. from 1890 /
a. m. 10 1880 p. m, and .. m. TO
4 2. m.
The court and the attorneys en- /