New Britain herald., 1924-07-30
INSANITY EVIDENCE
 BARRED FROM TRIAL
But Court Gets Facts About Boys' State Of Mind
GROVE WAGES HOT FIGHT

sists Upon Trial by Jury should De
 fense Submits Insanity Testimon
 But Judge Reassures Him.
 By The Associated Press.
 Chicago. July 3o.-The state close
 and the defense started testimony to day in the hearing which Is to deter
 mine the punishment of Nathan Leo
 pold. Jr., and Richard Loeb for th
 Kidnapping and murder Of Roher
 Franks.
 Frank A. Sheer was the last witnes for the state. He testified merely tha he took Loeb's confession the night O May 30.
 Alicnist TcstiRes
 The defense called as Its first wit ness Dr. William Alanson White superintendent of St. Elizabeth's hos pital. Washington, D. c.
 Judge Caverly overruled an ob. jection by States Attorney Grove tc testimony by any defense alienists.
 If Your Honor gave these de. fendants term of years satisfactory to them and their attorneys" argued MT. Grove T could not appeal and they would not. insist if this question of insanity is raised, it is Your Honor't duty to impanel a jury and determine that fact
 Judge Caverly shook his head and said "Overrued," but Mir. Grove con- tinued on the argument on the legal point he had raised.
 No Insanity Evidence
 During the argument Judge Caverly declared that the defense would not be permitted to go into evidence of in- sanity and demanded to know from the state whether 1t had any authori- ties to show that would prevent him from hearing evidence as , the state of mind or in mitigation.
 After the argument had lasted ninety 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 "an hour and half had been wasted"
 ''No," said Judge Caverly. 'it has not been wasted. The court will take day and half on this if necessary"
 The engagement opened when Robert E. Grove, states attorney, after resting his own case sought to shut off all testimony by defense alien- ists relating to the mental responsibili- ties of the youthful defendants.
 Court recessed for luncheon at 12:30 p. m., with the argument un- finished.
 Grove maintained that the plea of guilty prevented the defense from showing any state of mind as miti- gation of punishment and with his assistants continued the argument throughout the morning session. even though Judge Caverly said he would overrule the objection.
 The defense told the judge that they had a right to show that mentality had figured in the circumstances of the crime, and the court indicated that he agreed with them.
 The judge said, however, if no op- portunity remained for an offer of in- sanity as legal defense, that he would not permit such testimony to be introduced.
 When the dispute reached squab- bling stage. Grove said to the court:
 If you hear evidence as to insanity md then sentence these men to life | and they then appeal l % the supreme court l will confess srror." q don't care what you gentlemen | 10 with this case when I get through | with it." retorted the judge.
 Doings on Seventh Day
 The court room filled rapidly this morning for the seventh session of the rearing of Nathan Leopold, Jr., and Richard Loeb, kidnaper-slayers of Robert Franks. expecting startling and lramatic events in connection with he states resting and the opening by he defense. Far more persons clamor- d for admittance than could gain under Judge Caverly's strict injunction that no one should be al- owed to come in after all the seats vere filled.
 Down at the fifth floor, the floor elow, the longest queue of the hear ng patiently waited with the almost orlorn hope that some one would ave to leave and the leader of the ,ng line would get that coveted seat 'ourt opened at 1o:05 a. m.
 An all-night rain left a sultry at- losphere and it was hot and muggy l the court room.
 Jacob Franks, father of the slain oy, was absent from the court room, ut all the other interested relatives ere in their seats before court open l.
 Defendants Seem Happy The defendants came into the room ith their cust omary morning smiles tth their attorneys and relatives. Judge Caverly called the attorneys , the bench and consulted with them , 10 separate hearings on the kid aping charge. It developed that thus IT the hearing had technically been ,nflned to the murder charge. The .torneys agreed that 30 minutes of ,rmalities would suffice to dispose of le ki1naping indictment. pr. William A. White of Washing III. D. C., then was called to the and as first witness for the defense. C was questioned by Walter Bach Ich of defense counsel. "state your professional experi- lce," said MT. Bachrach. T object" said Mir. Grove. | "why?" asked Judge Caverly and | e big legal fight of the proceedings as on. II
 Groves Argument II Because" said Mir. Grove, "the ca of guilty stops any plea of in- nity. insist that they have no more