New Britain herald., 1924-08-01
DEFENSE IS VICTOR
 IN LEGAL SKIRNISH
(Continued from First Page)

This is not a trial. It is a hearing for you to determine the punishment 10 me meted out"
 He quoted from Fisher on evidenct to the effect that formalities necessary when a case is before jury should be discharged.
 Everything went in that the state desired and properly so. When il comes to the defense's evidence noth- ing should be shut out. It requires a distortion of the mind 10 say that evidence as to the mental condition of these boys is not a proper consid- eration in fixing the punishment.
 ''It seems a useless thing for us tc have 10 stand here and argue that mental condition. like age, shall not be considered in mitigation of punish ment."
 Mir. Grove followed, saying the is- sue before the court was something for Judge Caverly himself to define.
 Mir. Grove also defended his course in backing bill in the last Illinois legislature for revision of the lunacy laws.
 This Is tremendous case in 1lli- I'tlS, MT. ,1DNS Sdlu III OEbIlllS HIS remarks.
 "As listened to Mir. Darrow, was in doubt whether he was in court trial, making speech before the leg islature or making a closing speech to jury in an effort to save his clients" he said. He referred to re- marks by Darrow that he had no right to present evidence In the case after plea of guilty and by Bach l, rsch that the states attorneys duties ended with presenting his case deny ing the defense had stated the case correctly,
 Yes the states attorney Is sworn officer of the law" Grove said. but the defense would bar me because they would have this proceeding not as law suit at all.
 Roaming Tn Dresmland
 "We are roamin 9heround in dream land. The states attorney Is entirely at sea as to. what Is going on here These men are men of intellect. grad uates of universities and should be held to strict accountability for their acts, If your honor please they are not the cold blooded murderers above | the law because of their wealth. They | are not the cold blooded m,irderers | that have sat here day after day and | smiled and smirked as the evidence of | their heinous crime went in. We | should not discuss 3 cold hlooded | murder in their presence.
 MT Darrow has castigated me be- cause when I occupied the place your honor occupies I attempted 10 follow the law and protect the women and children of the community
 T have heard MT. Darrow say that he would not hang anybody and even that he would not punish any one for crime"
 He referred to 3 bill he had tried to sponsor through the legislature for isolation of mental detectives before they had committed crimes.
 Only One Issue
 There is only one issue in this" he continued. The purpose of the tes- tfnony now about to be introduced concerns the mental responsibility of these defendants. The legal effect and the effect if has on the mind of the ayman is that it is a defense of legal insanity. You have no right 10 hear it. The state could not appeal. The defense if satisfied would not ap- peal. If not satisfied they would ap- peal and the supreme court would E send the case back on appeal" Judge Caverly looked tnquiringly at the attorneys for both sides and find X ng none wished to argue further de- ivered his decision There was g stir as the significance # the courts words struck home. 4oeb and Leopold with broad smiles