Perth Amboy evening news., 1924-08-01
AL|EN|ST
TESTIMONY At
CHICAGO TRIAL
Judge CaverIy 0verruIes OBJ
iections by State in Big
Murder Case
M0MENT0US DECISION
Courts Duty to Hear Evil
dence, He Says-Dr.
White First Witness

CHICAGO, Aug. / (By The Asso-
ciated Press) The kidnapping and
murder of Robert Franks was
planned as ian intellectual feat" on
the part of Richard Loeb, according
hearing which Is to decide punish
ment for him and Nathan Leopold.
Jr., for that crime.
This ruling disposed of a question
which had been argued for two days
and which attorneys agreed consH-
tuted a precedent in Illinois for re-
ceiving evidence in mitigation of
punishment.
This revelation of Loeb's motive
came right at the. end of the morn
ing session today from DR.. William
A. White, first witness for the de-
fense, whose testimony was started
after Judge Caverly had definitely
overruled objections by the state di-
rected against all evidence as to the
mentality of the defendants.
Judge Caverly overruled objec-
tions by the state to alienist testi-
mony offered in mitigation as to
punishment by the attorneys for the
defense.
The decision was momentous in
legal annals of this state as no ex-
actly similar situation could be
found by attorneys for either side in
Illinois records. The field opened
by today's finding was more extern
sive than in cases which bordered 1T.
1T is the courts duty to hear this
evidence" said Judge Caverly. at
is not his duty to reject it before
he has had an opportunity to hear
1t.
The objection by the state is
overruled."
Immediately DIR. William A.
White, alienist from Washington, d.
c.. took the stand and stated his
professional connections, the stage
where his testimony was interrupted
Wednesday morning.
The result which came after
more than two court days of argu-
ment was a decided victory f. the
! defense as 1t established the right
to give testimony on mental disease
short of legal insanity, mot a 'e-
fense, but in mitigation of punish
ment."
Early in DR.. Whites testimony
Mr.. Grove blocked efforts to bring
in speculative opinions as to the in
fiuence of home environment. Judge
Caverly ruled that the witness might
answer only as to what he had
learned about the defendants but
allowed him to state the relative i'm
portance of such conditions.
"They are highly important" said
DIR. White.
More arguments on the admissi-
bility of the testimony of alienists in
the proceedings which are to deter
mine the punishment of Leopold and
Loeb were in prospect when court
| opened today.
Bachrach was due to finish his
analysis of cases offered by the state
| in it's effort to bar from the record
reference to the mental tsate OF the
defendants. He had dozen or more
| such cases to discuss.
States Attorney Grove said this
morning that the prosecution would
| certainly reply to Mr.. Bachrach's
| arguments and also to the impas-
stoned plea with which Clarence
Darrow, chief counsel for the de-
! fense, stirred the court yesterday.
1--WE have made an analysis of the
| cases cited by the state" said Mr..
Bachrach. Except in one or two
| inconsequential instances, none oi
! them related to instances in which
| mental disease was offered as miti-
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