Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1924-07-23
HALF way MARK REACHED IN
THE PRIMARY BALLOT RECOUNT
HEARING STARTS TODAY TO FIX
FATE OF LOEB AND LEOPOLD WHO
ADMIT SLAY|NC OF FRANKS


Chicago, July 22-(By A. Ply
Fixing of the degree of moral tur-
pitude'' may be the legal problem
by which will be determined the I'LL
innate fate of Nathan Leopold, Jr.,
and Richard Loeb. who kidnapped
and killed young Robert Franks for
a thrill.
Upon the development of this
question. legal experts say, will hinge
whether they shall hang or go to
the penitentiary. First steps in ar
irving at solution OF the question
will be taken tomorrow when the
youths. who yesterday pleaded guilty,
will appear in court for a hearing
preliminary to their formal SEN
fences.
Admission of the crime by the two
sons of Chicago millionaires before
Judge John r. Caverly, wiped out
the possibility Of plea of insanity,
at least until after sentence has been
passed. The defense asked permis-
sion to present evidence in mitiga-
youth of the defendants and their
degree of mental responsibility
Attorneys agreed, however, that if
mental responsibility is linked in
this case with the question of NOR
al turpitude," it will be the first such
instance in the history of ILLINOIS
courts.
Clarence S. Darrow and Benjamin
Bachrach, attorneys for the defence,
were cryptic in their discussion Of this
phase of the case.
1--WE can go as far as we like in the
presentation Of insanity evidence and
we probably WILL" Mr.. Darrow said.
! Robert E. Grove, states attorney,
however, has declared that he will not
agree to the presentation Of any evil
dence tending to show the boys insane
except before a jury. He spent today
in seclusion, busted with last minute
preparation of the statement with
which he expects to open his argu-
ments tomorrow. He expects to finish
his statement during the morning ses-
sion and perhaps will start presenting
oral testimony before adjournment for
luncheon. .....
No less than 81 witnesses will be
called by the state to inform Judge
.. Caverly Of the facts developed by the
prosecution unless the court decides
that he does not need all this detail.
The oral testimony, according to
plans, will begin tomorrow with the
calling to the stand of Jacob Franks.
father of the murdered boy. It was he
who identified the body of his son after
it was found stuffed into a culvert in
| a South Side swamp.
Mr.. Franks will tell about the ran
/, som letter which he received and the
telephone calls by which he was in
structed when, where and how to de-
liver the $4,000 demanded blythe de-
PENDANTS.
After the fathers testimony will
come the statements of a coroner's
physician as to the body itself. The
state expects to follow this with tes-
timony by hotel clerks and bank let
ters Identifying both youths as i'm
personating Morton D. Ballard" in
whose name a room was taken at a
downtown hotel by Loeb and a bank
account opened by Leopold.
1t is doubtful whether the first
days hearing will go beyond this
stage of the case. Subsequent testi-
mony will deal with Leopolds owner
ship of a portable typewriter, the
purchase of chisel and tape and bot
tie of acid which the youths intended
to use in the Staying.
Whether the boys themselves will
ever take the stand is unsettled. BY
entering guilty pleas and holding a
hearing to determine the degree of
punishment, the youths are subject to
be called by the state, the defense
or the court itself. Their names are
not on the states list of witnesses
made public today. but it is possible
that the state may place them on the
stand later.