New Britain herald., 1924-07-31
TALK Of HANGING MAKES BOYS LAUGH
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 lcoauai from i1ra Passl | books inia cnuri, Dl White riimhgd into the witness chair and the attor- nfEs gronprl themselves in front pi ihe htnrh preparatory 10 resumption nt the argument.
 jnhgts i,Nplnins stand
 Judge haNsfly told the prosecution thai all ihs eases cited yesterday Ners easrs in which plea of not guilty had hern entered and lhs eases tried by ilrles and that therefore they were not applicable ln the present instance, The court cited a Pennsylvania dsci- sion which he held ran along lines similar 10 Inc Franks east so far and q indicated that aliunisl testimony in mitigation of punishment had boen heard hy that court
 Judge ealeFly said that in the Pennsylvania eafe il vas held thai q plea of guilty automatically made tho crlme second degree murder, He said lt was held that tho state mighr then introduce testimony to raisc the pf- fense to first degree murder,
 Well, We have raised lhe osfense in this ease" lnterJected Robert F., Grove, states attorney, and under- stand it."
 "l Just wished 10 make that point clear" said the court.
 Clarence <, barrow, chief counsel for ihe defense, wanted time limit but upon the arguments AS to the a1- instability Of alieniat testimony.
 Mir, Marshall insisted that the state did not object to presentation Of alion- ists' testimony as such,
 ''fhe state does not object to alien ists testimony If the proceedings is at the correct stage for reception of such testimony" he explained. Under the law, insanity is defense and unless it Is so offered, alienist testimony is not admissible.
 Here we have on the court records a confession, meaning the highest order Of conviction. a plea Of guilty"
 Analyzing the present situation, he said that the mental disease testi- mony which the defense was offering was the foundation of legal insanity. Legal insanity decides responsibility for crime" he said. First then they plead guilty. acknowledge guilty re- sponsibilty, then offer in mitigation of punishment testimony which tends to remove that responsibility"
 He emphasized again that the ques- ton of sanity is one for jury to de- termine.
 Mir. Marshall read further citations in support of his contention that "Deprayity of character and abandon ed habits are not evidence Of insanity neither is the commission of an unna- tural and atrocious crime"
 Well. if such depravity is not ai. evidence of insanity, then is it proper for a court to consider it merely as i mitigation of punishment? 2" asked | Judge Cayerly
 Grove Again Interrupts
 Mir. Grove jumped into the argu- ment saying it was Mitigation of | crime perhaps, but not punishment"
 That is all nonsense, Your Honor" said Mir. Darrow, it is competent to determine the effect upon the mind | of the defendant and that is all"
 "Is there any mitigation in the world" Mir Darrow asked Mfr. Grove.
 Yes" replied the prosecutor, pro- ceeding to explain that if a man killed another because of a family affair there would be mitigation.
 That's All Bosh"
 That's all bosh," said MT. Dar- row. That is talking about the un- written law and there is nothing to it here"
 The clash was precipitated when in reading from the Alabama law, MT. Marshall reached An irresistible inn pulse is not defense"
 The defense muttered from it's seats hat the same did not apply in Illinois md the prosecutor and defense dis outed as to whether MT. Marshall had ,een asked by the defense to read from he Illinois records case in which it had been held that "Depravity of character and abandoned habits" do not constitute insanity.
 If the defense tried to show de- ,raved act how are you going to prove, f." asked MT. Grove of the court. Are they going to prove it by alien sts? Are they going to produce some- me to say I saw depraved act con- ntted?' That would be hearsay and incompetent" Messrs. Bachrach and Da asked fir Croue at inc ga mo lime if 1hpn le occupied the position now held by Judge Caverly, he had not heard ex- ,ert testimony in the case of Thomas {
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