Evening star., 1924-07-30
GROVE STRUGGLES
TO BAR WITNESSES
ON SANITY OF BOYS
Argues on Heatedly After
Judge Says Objection
viii Be 0verruIed.
COMPETENCE TO PLEAD
HELD AS SOLE ISSUE
Big Fight Starts as Defense Calls
Dr.. White Of Washington
to Stand.
By the Associated Press.

to Stand.
By the Associated Press.
CHICAGO, July 3o.-T-he big legal
fight by attorneys for Nathan Leo
pold, jr., and Richard Loeb, con-
fessed murderers OF Robert Franks.
to save them from the gallows, broke
ont In Judge John R Caveriy's court
today.
The engagement opened when Rob-
ert e. Grove, States attorney. after
resting his own case, sought to shut
on all testimony by defense aIientsts
relating to the mental responsible
tiles or the youthful defendanta
Court recessed for luncheon at
1880 p.m., with the argument un-
finished.
Grove Keeps Up Fight.
Grove maintained that the plea of
guilty prevented the defense rrom
showing any state Of mind as a. nitl-
cation OF punishment, and with his
assistants continued the argument
throughout the morning Session,
even though Judge CaverIy said he
would overrule the objection.
The defense told the Judge that
they had a right to show that men
tality had figured in the circum-
stances of the crime, and the court
indicated that he agreed with them.
The judge said, however, that no
opportunity remained for an offer of
insanity as a legal defense. and he
would not permit such testimony to
be introduced.
At SquAbblfnzr Stare.
When the dispute reached a squab-
bing stage, Grove said to the court:
IF you hear evidence as to insanity
and then sentence these men to life
imprisonment and they then appeal to
the Supreme Court I viii confess
error"
Il don't care what you gentlemen
do with this case when get through
with it." retorted the Judge.
IF your honor gave these defend
ants a term of years satisfactory to
them and their attorneys" argued Mr..
L
would not. I insist If this question of
insanity is raised, it is your honor's
duty TO impanel jury and determine
that fact"
Judge Caverly shook his head and
said "overruled'' but Mr.. Grove con-
tinued on the argument on the legal
point he had raised.
The defense called as its first wit
ness, Dr.. William Alanson White,
superintendent Of st. Elizabeth's Hos
pital, Washington, D. c.
Mitigation Evidence.
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 that would pre-
vent him from hearing evidence as
to the state Of mind or in mitiga-
ton.
After the argument had lasted so
minutes and gotten back to the
States accusation that the defense
was trying to plead both sane and
insane at the same time, Walter
Bachrach suggested that IAN hour
and a half had been wasted"
mo" said Judge Caverly, -it has
not been wasted. The court will take
a day and a half on this if neces-
sary."
Long Queue Waits.
The courtroom filled rapidly this
morning for the seventh session of
the hearing, expecting startling and
dramatic events in connection with
the States resting and the opening
by the defense. Far more persons
clamored for admission than could
gain entrance under Judge Caverly's
strict Injunction that no one should
be allowed to come in after all the
seats were filled.
Down at the fifth floor, the floor
below, the longest queue of the hear
ing patiently waited with the almost
have to leave and the leader OF the
long line would get that coveted seat.
Court opened at 1905 am.
All all-nisht rain left a sultry
atmosphere and it was hot and
muggy in the courtroom.
Jacob Franks. father of the slain
lad. was absent from the courtroom.
but all the other interested relatives
were in their seats before court
opened.
The defendants came into the room
with their customary morning smiles
for their attorneys and relatives.
Judge Caverly called the attorneys
to the bench and consulted them as
to separate hearings on the kidnap-
ing charge. 1t developed that thus
far the hearing had technically been
confined to the murder charge. The
attorneys agreed that 80 minutes Of
formalities would suffice to dispose Of
the KIDNAPPING indictment.
District Man Called.
DR.. William A. White of Washing
ton, D. c., then was called to the
stand as first witness for the defense.
He was questioned by Walter Bach
rach Of defense counsel.
state your professional expert
ence," said Mr.. Bachrach.
II object" said Mr.. Grove.
'Why7" asked Judge Caverly, and
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