Evening star., 1924-07-26
LOEB AND LEOPOLD
COUNSEL HIT BACK
AT STATE WITNESS
Police Sergeant Recalled and
Put Through Sharp Cross
Examination.
NOTES TAKEN LOOSELY
ON WORDS OF SLAYER
Cortland Admits Nobody Else
Heard Statement About
Friendly Judge
By the Associated Press.

By the Associated Press
CHICAGO, July 26.-CounseI for
Nathan Leopold, jr., and Richard
Loeb struck back today at the evi-
dence of the State
For the first time since the OPEN
ing of the hearing Wednesday which
is to fix the penalty OF the youthful
slayers of Robert Franks. a State
witness was cross examined at
length by the defense.
Detective Sergt. James Cortland,
who yesterday told of conversations
with Leopold in which the college
student defendant revealed his reac-
ions to the crime he had confessed
was stubbornly cross examined by
Attorney Clarence Darrow as to the
style of his notes and his experience
as a police examiner.
The action of the defense counsel
was in the nature of a challenge of
the testimony of Cortland in which
virtually every statement in chief
was examined to the most minute de-
tail.
1t was Cortland who yesterday as
the States 9th witness before Chief
Justice John r. Caverly of the
criminal court, who quoted Leopold
as having declared murder to be no
crime in his code.
The witness was asked to read
textually his short hand notes on the
statement that if he decided he would
prefer life imprisonment to the gal
lows, he would plead guilty before
a friendly judge"
AS the fourth days session began,
it was learned that the defense had
added to its staff of alienists, two
Eastern experts noted for their work
in juvenile delinquency.
"Friendly Judge, Talk.
For a considerable time, the cross
examination centered upon the friend
ly judge conversation.
Several times during his question
ing of the witness, Mr.. Darrow con-
ferred with his associate counsel
Benjamin Bachrach and the boy de-
PENDANTS listened in on these whis-
pered consultations.
1t was brought out that Cortland
made no mention of the friendly
judge" statement to his superiors in
official reports, although, he persisted,
he had revealed it to assistant States
Attorney Joseph p. Savage shortly
after it was made and had talked
about it with newspaper reporters
and friends, both in Chicago and else
where.
Witnesses Excused.
After an hours cross examination,
Cortland was temporarily withdrawn
from the witness stand and ordered
not to converse with any one in the
court room while Jacob Weinstein.
general manager of an optical estab
lishment, was called by the state to
identify the glasses found near the
railroad culvert which yielded Franks
body
The sudden switching of witnesses
was agreed upon by counsel as an
accommodation to Mr.. Weinstein, who
was waiting in the witness room.
Identifies Glasses.
Weinstein identified the glasses
presented by the State as correspond
ing exactly to the specifications call
ed for on a Job envelope" on which
appeared the name of Nathan Leopold,
jr. They went in as peoples" ex-
hibit 46.
Cortland Recalled.
Cortland was called back to the
stand after the clerk had intoned the
customary Hear ye, hear ye."
Mr.. Grove said he would follow the
sergeants DISCRIMINATION with
expert testimony on handwriting and
some Photographic exhibits.
Darrow and Bachrach looked over
the photographs, Judge Caverly de-
laying the opening of court until
1917 for this purpose. They depicted
the scenes and actors In the tragedy
in the surroundings revealed by the
testimony.
The drug clerk who sold acid TO
Leopold was shown behind his coun-
ter: the hotel clerk who received
Loeb's registration as Morton d.
Ballard" was depicted at his desk.
and similar reprOQuCtionS ol olHtl
scenes were given.
Had Worked as Clerk.
Mr. Darrow then started cross-ques-
tfoninS Cortland. He started by
drawing out history of Gortland's
work in the police department. Gort-
lands work proved to have been
chiefly clerical and stenographic.
You have been called on, then, for
twelve years to take statements from
accused persons?' asked Mr.. Darrow.
That is correct" said Cortland.
He explained he usually took these
by direct dictation on a typewriter.
Did you do that in this case?"
NO, sir, l made notations," said
Cortland.
Mr.. Darrow called for these notes
and then elected that the sergeant
had not taken notes on all his talks
with Leopold. Some of the notes were
in shorthand and others in writing.
You carried some Of these things
in your head a week before reducing
them to writing?" asked Mr.. Darrow.
THAT is correct" said Cortland.
The witness said he had never
a rcluv,r