Evening star., 1924-07-31
PROSECUTOR INSISTS
CITATION WAS WRONG
Legal Battle on Admission of Testi-
mony Resumed While Wit
ness Waits.
BY the Associated Press.

mitigation of punishment for Nathan
Leopold, jr. and Richard Loeb.
The citation brought a heated ex-
change between Messrs. Grove and
Darrow today. the former maintain
ing he had not heard such evidence
in mitigation of punishment.
"Oh, yes. you did" asserted Mr.
Darrow.
But the defendant was hanged"
said Mr.. Grove.
Yes, but you sentenced him." re-
torted Mr.. Darrow
The courtroom rang with laughter,
Leopold and Loeb joining. The DEM
onstration faded quickly under the
frown of Judge Caverly.
Just before the incident Judge
Caverly had turned State argument
into a query against the prosecutions S
own position. Thomas Marshall,
legal scholar Of the States attorneys
staff, had read a decision which held
that moral depravity was not an
evidence Of insanity.
Then II it is not such evidence and
does not tend to prove it, can it not
be heard in Mitigation" asked the
court, adding:
1T seems to me it would be COM
petent for a court to hear it and con-
stitute reversible grounds If it were
rejected"
Defendants Smile.
Leopold and Loeb sat quietly
through the reading and argument
Once. however. they whispered and
smiled when Darrow moved into a
chair alongside them and handed. a
newspaper clipping to Leopold. Leo
poId wrote a note on the margin and
laughed as he handed It to Loeb.
They smiled again with DR.. White.
whose appearance on the stand pre-
cipitated the debate. when Mr..
Marshall read a decision which men,
toned the seal Of medical science"
in investigating mental disordera
Later Hearing Time.
The hearing was set today or-an
opening 80 minutes later than previ-
ously. This served only to increase
the crowd clamoring for entrance and
a possible view Of the millionaire
youths as they marched in and out
Of the courtroom guarded by the usual
three bailiffs.
The early part Of the session prom
ised little more than that to ap-
pease the interest Of the visitors.
since Thomas Marshall, indictment
and legal research expert for Grove,
left unfinished yesterday his citing
of precedents from other common
wealths to prevent Judge Caverly
hearing as mitigating circumstance
the testimony Of various alienists
called by the defense. DR.. William A.
comfortably four and half hours
on the witness stand yesterday while
the State and the defense argued as
to the admissibility OF the evidence
the prosecution thought he would be
called upon to give
A chilly lake breeze sprang up
overnight and the day promised to be
the first one cool enough for comfort
since the hearing opened eight days ago.
Only a few men were in the court
room or the long line that wound
down from the courtroom on the sixth
floor, women predominating in a ratio
of about nine to one.
Brings Law Books.
Court convened at 1898 am. Judge
Caverly brought several law books
into court DR.. White climbed into
the witness chair and the attorneys
grouped themselves in front of the
bench preparatory to a resumption Of
the argument.
Judge Caverly told the prosecution
that all the cases cited yesterday
were cases in which a plea Of not
guilty had been entered and the cases
tried by juries and that therefore
they were not applicable in the pres
emit instance. The court cited a
Pennsylvania decision which he held
ran along lines similar to the Franks
case SO far, and indicated that alienist
testimony In mitigation Of punish
ment had been heard by that court
Chance for State.
Judge Caverly said that in the
Pennsylvania case it was held that a
plea of guilty automatically made
the crime second degree murder. He
said it was held that the State might
then introduce testimony to raise the
offense to first degree murder.
well, we have raised the ofrense
in this case" interjected Robert e.
Grove, States attorney, "and under
stand It"
.I Just wished to make that point
clear" said the court
Clarence 8. Darrow, chief counsel
for the defense, wanted a time limit
put upon the arguments az to ad-
instability of alienist testimony, say
ing that cases tho State thought
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