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

~ GUST -, TD2&,
thing that I would not" said Darrow
in arguing for admission Of evidence
in mitigation. He said Mr.. Grove
had named only family trouble as a
mitigating circumstance, and pro-
Ceeded to name state of mind, age
and various other problematical con-
ditions as proper in mitigation.
''Human sympathy, common hui
man kindness ought to count for
something" said Mr.. barrow. Il
know this court is supposed to have
no heart, must forget all his human
experiences, that he was a boy, how
he acted as a boy, and how he fell
down in a thousand cases in trying
to meet the needs of life day by day.
Now let's see how this case
stands. Here is case that will be
presented to your honor within the
meaning that these young men are
not insane according to the law. If
these boys under some circumstance
knew the difference between right
and wrong, then they were sane
Now your honor, we could not avail
ourselves of the plea they were in
sane. Because as our friend Mar
shall demonstrated by about a thou
SdnQ OIu cases; Indl regal Insanity
cannot be used as a plea.
Minds Disordered, Not CraZed
"But we do not say that. We say
only that in mitigation there is a
certain mental condition that can be
used properly.
Zone degree of mentality means
one punishment and another degree
means another. Otherwise there can
hi
Human judgments are uncertain
at the best. Any man carries with
him any amount of emotions and
feeling or a lack of emotions and
lack of feelings. and he needs jus
tice, and justice without mercy is
no justice.
1--WE find here your honor, that
these boys are mentally disordered,
but they are not legally insane.
But counsel on the other side
claims they are absolutely rational
and therefore fit subjects for
hanging.
81 don't care how often the state
repeats over and over, parrot-like,
that if there is a mention of insanity
you must call a jury. There is no
precedent or law for it.
Evidence Will Prove Sanity
I'VE believe in this case there will
be no evidence to show that the
boys are insane in the meaning of
the law. We believe rather the evil
dence will be overwhelming that
they are sane within that meaning"
Mr.. barrow read from a bill intro
duced in the last Legislature which
would have provided that persons Of
defective intelligence, defective emo
lions or defective will might be
found insane and sent to asylums as
! "menaces to society"
"All these people would have been
isolated before any crime had been
committed" said Mr.. barrow.
The bill was passed by every vote
but one in the last legislature, and
it was then vetoed by the governor.
THE interesting part of this is
that the chairman Of the committee
backing this bill was Robert Grove,
of Cook county, and among its mem
bers was Samuel A. Ettelson, who
appears in the court here daily as a
representative Of the Franks family
and assists the prosecution in the
case.
1.-The crime here was a weird, I'M
canny and most deplOrable homi-
eide" said Mr.. barrow in conclusion.
The condition of these boys was
such that we did not wish to go be-
fore a jury with a full plea Of in
sanity, such as we believe would
appeal to any court.
Unfortunately, too, the families
Of my clients are reputed to be peo-
pie of great wealth. This case has
appealed to many people with the
special appeal that people of this
- .e,f.
that it has been heralded in the
neWSpa pers.
But we have full faith that your
honor will hear every proper bit of
evidence and render a decision that
will save these young lives"
Court adjourned at 400 for the
day.
Judge Joins in Debate
The battle over the admiSsibility
of the aiienists testimony began
with the opening of the defense's
case yesterday Hours were spent
by prosecutors in reading from court
records of cases they considered
bearing on the question, and they
steaGfastly refused to recognize any
distinction between insanity and
mental deficiency which defense at
tCrueys argued was {. mitigating
circumstance.
Judge Caverly several times took
part in the discussion. He pointed
out that the state had been allowed
, to introduce the testimony of 81
witnesses without hindrance by the
defense, and inquired If he would
not be subject to censure II he
should rule out all testimony as to
mentality which the defense offered
in mitigation. Another time he
asked if there was not mitigation in
murder since there are three de-
grees of punishment.
After court adjourned yesterday 1t
was predicted at least one more
week would be required to complete
the hearing, and several additional
days will be taken by Judge Caverly
for consideration before he reaches
his decision.