Evening star., 1924-08-29
Member of the Associated Press.
Judge Caverly's Responsibility.

Yesterday in Chicago the trial OF
two young men who are accused and
self.confessed Of a hideous crime
closed with an extraordinary scene.
The court denounced the prosecuting
attorney for having in his closing
address made "coWardly and
dastardiy attack upon the integrity OF
the court" which was intended 10
incite mob and intimidate the
court" Judge Caverly ordered the
remarks Of the chief prosecutor
stricken from the record.
The defendants in this case having
pleaded guilty under the laws Of the
State OF Illinois, it has been incum
bent upon the court to listen to
evidence and arguments for and
against q sentence of capital punish
ment. Judge Caverly yesterday
plainly pointed out this obligation. 1t
would perhaps have been much better
had the requirement Of the law to this
effect been clearly set forth at the
outset SO that the public. which is
keenIy interested, would understand
the reason for the protracted pro-
ceedingS
An intense public interest has been
aroused in this case. not merely in
Chicago, where the crime occurred,
but throughout the country. The
Youth of the accused, the nature Of
their diabolical offense, the wealth OF
the families. all have tended to make
this one of the celebrated causes Of
American judicial procedure. Appre-
hension lest the wealth Of the de-
PENDANTS families might lead to
evasion of the highest penalty by
the employment Of all the known
devices of delay and eXtenuation
available to rich defendants has pre-
vailed universally. The fear was
somewhat leseened when the plea of
guilty was entered. But the public
did not then understand, as it should
now clearly. that the court had no
alternative but to permit a full show
ing of reasons why sentence of death
should not be pronounced, and at the
same time a full showing Of reasons
Attorney Grove, and in fact all of
the counsel in this case for State and
defense. have proceeded as though
the case were being tried before a
jury rather than before a judge alone.
Judge Caverly's rebuke is deserved.
Such remarks as the chief prosecutor
uttered in his concluding address
have unquestionably been calculated
to arouse the public mind on the sub
ject Of the courts responsibility.
whether so intended or not. On the
other hand. Judge Caverly is not
prosecutors excess of zeal to sway
his judgment as to the penalty. Leo
pold and Loeb are the ones on trial,
not Attorney Grove.
One man only will determine this
case-Judge Caverly, whose course
has been scrupulously proper from
the outset. He has recognized its
Importance. He has given the fullest
freedom which the law commands to
the defense as well as the prosecu-
ton to present facts and arguments
bearing upon the question Of penalty.
He declares that he will take ample
time to read and ponder the record,
which is not only his right but his
duty However convinced the people
of this country may be-and all are
interested-that capital punishment
alone will meet the ends of justice
and serve to preserve the morals Of
the youth Of this land, this one man
must judge. Should he give that de-
cision swiftly either way he would
be subject to criticism for prejudg.
ment, which is the worst of faults
in a court Of law.
Manifestations of partisanship are
out Of place in such a proceeding.
This is a larger question than the
fate of these two youths. 1t is a
question Of the Righteousness Of the
law, and there is nothing in the
career and the record of the man
upon whom now rests the great bur-
den Of decision to indicate that he
will not do his duty fearlessly and
conscientiously.