Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-02

all other cases, it ought to be tried
calmly on the facts in the case"
Their end is DEATH" said barrow
in accusing the state of 'halting at
nOthin gto gain that end"
He referred to the age of the cases
cited, and regarding one cited from
Alabama said under it a man could
be hanged if he had "a glimmer of
reason"
There is no question in the state
of Illinois but what legal insanity
means such mental disease as makes
one unable to understand the diff
ference between right and wrong, or
destroys his power Of will, what
ever that is, to choose between right
and wrong. A man may be wholly
or nearly wholly affected, yet it does
not come under the dfinition of legal
insanity in Illinois.
No Plea of Insanity
There is no plea before your
honor that these defendants are
legally insane so that it could be
used for a Defense
1--WE have not said they are insane
Mr.. Grove informed the court that
my clients were sane, making it
stronger than that, saying they were
even as sane as he.
They have cited cases 100 years
old, bringing them from England,
where they could hang boys of seven.
We have progressed. Now we can't
han ga boy in Illinois until he Is
ten
They have built up mountain
OF evidence, they say, L suppose they
meant Everest, to make it big. They
have tried to confuse the court with
a preponderance of evidence. They
cannot see that law has progressed
with crime. We have learned.
There is almost nobody who does
not know something about mental
disease. Everybody knows some
body insane. In the old days when
a man was insane they loaded him
with chains and locked him in a
dungeon.
I'VE now know there are humans
who go insane. We also know there
are many steps in insanity which
| would not for a minute avail us of
| a legal defense. A man may be very
| far affected and still know right
from wrong and resist wrong and do
right and still be mentally affected
And courts today take account of
that.
Mitigation Different
I'VE have a statute which says
any court may inquire into any act
Of mitigation or aggravation."
Mr.. Darrow argued that a judge
before he passes a sentence on a
human being, may j. whether
there be mitigating, circumstances
Youth is a mitigating circum.
cf oo
the dream world of a child, its in
| capacities and complexes
These boys are minors. The law
would prevent them making con
tracts or marrying without their
parents consent. Why? Because
they are minors, and have not the
fully matured judgment Of man.
The reason it's use would be a miti-
eating circumstance would be be-
cause of a state of mind, lack of
judgment, lack of discrimination
and nothing else.
81 can understand the glib,
lighthearted careless attorneys who
here talk of hanging two young boys
just as if they We're talking of a
holiday or a visit to the races"
Il have never seen a more DELHI
crate effort to turn human beings
into a society of ravening wolves
than in this case" barrow said.
Mercy Offer Asked
He spoke of fair play and progress
in Chicago's courts, mentioning the
establishment of juvenile courts,
adding:
I'VE are sending defendants over
and over again to psycopathfc hos
pitfalls to find out the condition Of
their minds"
"You have been a Judge a long
time. l undertake to say there is
scarcely a case where mercy has
not been asked, but we are being
talked about as if mercy never had
been asked of a court before"
He cited a case in which a young
delivery boy had chopped up a baby.
barrow said he called in the boy s
teacher, alienists had a full hearing
in court, where the boys mind was
looked into and the judge sentenced
the boy to the penitentiary, and said
he was sorry to have to do that.
That was seven or eight years ago,
Darrow said.
Mr.. Darrow proceeded to cite 9th
er cases in Chicago courts in which
he said mitigation had been call
ed in.
"It is too bad that much as we
have moved in 200 years, every step
has been over the protest of law
yer,s" said barrow, in referring TO
the state.
Blackstone Good I'm Spots"
He cited "BlacEstone. which is 20G
years old, still good in spots but
only in spots"
ment of the state that if mentality
were admitted here, the case would
be reversed on appeal.
'I don't think your honor will be
inundated by talk of what high
er court would do" he said. Il think
your honor will be guided by your
own judgment and will let other
courts take their own, responsible
ties on their own shoulders"
He referred to Mr.. Groves state
ment that if the alienists' testimony
was introduced the prosecutor would
confess error, were the case appeal
ed, and said that in a previous case
Mr.. Grove confessed error and the
confession was disregarded.
az am not speaking of a matter
OF law, I am speaking of human
ity," he said.
Brings Grove in
Mr.. Darrow referred to the Fitz-
gerald hanging, and reiterated that
Mr.. Grove had listened to evidence
in mitigation in that instance, al
though Fitzgerald became one of
only three men hanged in Illinois in
thirty years on pleas of guilty.
10Th SiH q.
L RIL I0llG