Perth Amboy evening news., 1924-07-31
Act to Prevent Defense Alien
lists from TeStifying as
to Youths Mentality

CHICAGO, July 81 (By The AS
sociated Press) One of the cases
which Robert E. Grove, now states
attorney. heard when he was a
judge, and Clarence S. Darrow, at
torney for the defense, was cited to-
day in the Franks trial when the
state tried to maintain that evidence
or depravity was not admissible In
mitigation of punishment for Nathan
Leopold, Jr., and Richard Loeb.
The citation brought heated ex-
change between Messrs. Grove and
barrow today, the former maintain
ing he had not heard such evidence
In mitigation of punishment.
"Oh yes you did," asserted Mr..
Darrow.
But the defendant was hanged"
said Mr.. Grove.
"Yes, but you sentenced him." re-
torted Mr.. Darrow.
The court room rang with laugh
ter, Leopold and Loeb joining. The
demonstration faded quickly under
the frown of Judge Caverly.
Just before this incident, Judge
Caverly had turned a state argument
into query against the prosecutions
own position. Thomas Marshall,
legal scholar Of the states attorneys
staff, had read a decision which held
that moral depravity was not In
evidence of insanity.
Then If it Is not such evidence
and does not tend to prove It, tan 1t
not be heard in mitigation? asked
the court, adding. 1T seems to me II
would be competent for a court to
hear 1t and constitute reversible
grounds If 1t were rejected"
The state continued piling up cita-
tions until the luncheon recess was
reached. It's reading of excerpts from
decisions from other states had
taken the entire court day yesterday
and all of today's forenoon session.
Mr.. Marshall said he would read no
more authorities. but would submit a
list of others for the courts consld-
Grafton.
Leopold and Loeb sat quietly
through the reading and argument.
Once, however, they whispered and
smiled when Darrow moved into a
chair alongside them and handed a
newspaper clipping to Leopold. Leo
pold wrote a note on the margin and
laughed as he handed it to Loeb.
They smiled again with DIR. White,
whose appearance on the stand pre-
cipitated the debate, when Mr.. Mar
shall read a decision which mention
ed the Seal of Medical Science" In
investigating mental disorders.
A chilly lake breeze sprang up
overnight and the day promised to
be the first one cool enough for COM
fort since the hearing began eight
days ago.
Only few men were in the court
room or the long line that wound
down from the court room on the
sixth floor, women predominating in
a ratio of about nine to one
Court convened at 1898 A. M.
Judge Caverly brought several
law books into court. DR.. White
the attorneys grouped themselves In
front of the bench preparatory to a
resumption of the argument.
Judge Caverly told the prosecution
that all the cases cited yesterday
were cases in which a plea of not
guilty had been entered and the
cases tried by juries and that there
fore they were not applicable in the
present instance.
Clarence s. Darrow, chief counsel
for the defense, wanted a time limit
put upon the arguments as to ad-
INSTABILITY of alienist testimony, say
ing that cases the state thought
might parallel the present case
could be heard until dooms day"
without progress.
Mr.. Marshall read further cita-
tions in support of his contention
that "depravity of character and
a abandoned habits are not evidence
of insanity, neither is the commits
sion of an unnatural and atroclous
crinen -