The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-08-07
REFUSES PLEA
T0CUT SHORT
ANY EVIDENCE
States Attorney Grove Turns
Down Defense Proposal in
Leopold, Loeb Case
ATTORNEYS IN CLASH
Perjury Is Charged to One
Witness by States Attorney
Grove During Hearing

Chicago, Aug. THE prosecution
today refused to accept a proposal
by the defense for shortening the
hearing before Judge John r. Cav
erfy to fix punishment for Nathan
Leopold Jr. and Richard Loeb. con-
fessed kidnapers and slayers of
Robert Franks.
Our answer was blanket mo-"
said Robert E. Crowee, states attor-
ney. who indicated that the defense's
idea was to dispose with lay wit
nesses provided the state would ac-
cept blanket statement of what
their testimony would be, and
would also dispense ~with calling
further lay witnesses.
After 3O-minute recess, in
which the states attorney and his
three assistants considered the pro-
posal. the hearing was resumed with
Max Schrayer. student of the Uni
versity of Michigan. as the defense's
first lay witness.
Identifies Himself
Schrayer identified himself as 21
years old and Chicago jobber of
household goods since he was grad
uated from the University of Mich
igan, where he was a fraternity bro
ther of Loeb. His first answers to
questioning by Mr.. Darrow met re-
peated objections by Mr. Grove, who
insisted the witness was drawing
conclusions.
Schrayer said he had observed
Loeb to be very nervous, to which
the state objected and was sustain
ed. Mr.. Darrow asked the question
IN other phrases and brought this
reply:
II observed he had twitching of
the mouth, was nervous in his ges-
lures of the hand, dragged his an
kle and on special occasions drank
a great deal. He tainted several
times at Michigan. He smoked a
great deal and showed nervousness
in doing it,"
Repeated efforts of Mr.. Darrow to
Eave the witness give his observa-
tions as to the responsibility Of
Loeb brought as many objections
from Mr.. Grove.
"Loeb was known as a reader of
dime novels and detective Stories"
the witness continued. Mr.. Grove
again objected and was sustained.
Attorneys Clash
Mr.. Darrow asked if Schrayer had
noticed anything peculiar about
Loeb's laughter. The witness said
he seemed to laugh at a great many
things not humorous and Mr..
out.
"If this witness has listened to
the testimony of these alienists I
could see why anybody would get a
great laugh" Mr.. Grove declared, to
which Mr.. Darrow retorted:
Eyes. you would laugh at any
thing, except possibly hanging,
and think maybe you would laugh
a: the hanging of these boys"
Schrayer testified that he regard
ed Loeb as abnormal, that Loeb was
not permitted the responsibility of
being mentor over freshmen, a
duty of seniors at the University,
and that Loeb was good book stu
dent but apparently did not seem to
have logical common sense and was
rather impractical.
After Is minutes of direct ex-
animation Mr.. Grove took the wit
ness on cross examination and ask
ed if he did not recall having made
statement to the states attorney
that he regarded Loeb as perfectly
sane and normal.
care you normal?" asked Mr..
Grove.
81 don't know" replied Schrayer.
The courtroom broke into loud
laughter and Judge Caverly arose
and warned that further outbreaks
would result in clearing the court
room.
Charges Perjury
Introduction of lay witnesses by
the defense in seeking mitigation of
punishment for Loeb and Leopold
brought from Robert E. Grove,
states attorney, the shouted charge
Continued on page three.)