The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-07-30
STATE BATTLES
TO BAR AL|ENISTS
Continued From Page y

irresponsible and sane or wholly re
sponsible."
II agree with you" the court
said, that this court has no right
to pass on the sanity of insanity Of
these defendants, but let me explain
myself.
Under the laws of our State
there are degrees of sentence on a
murder charge. The court can sen
tence them to death, it car sentence
them to life imprisonment, or it can
sentence them to penitentiary for
any number of years not less than
fourteen.
ITO decide upon what sentence to
give these defendants. 1 contend
that 1 have the right to know
their state Of mind when the muir
der was committed. + have a right
to know all Of the mitigating cir.
cumstances.
Grove broke into the judges state
nent:
This is not a matter of mitigat-
ing circumstances, your honor.
These boys committed murder in
cold blood and there are no mitigat-
ing circumstances.
Judge Caverly, however, still in
sisted that the defense had a per
feet right to question the doctor.
IF they raise the question Of IN
sanity" he said, Il have the right
to make the defense withdraw their
pleas of guilty, make them plead
not guilty and try the case on the
question Of insanity"
THE defense is not going to be
permitted to introduce testimony of
insanity" Caverly said. You ap-
pear to have gone off on wrong
premise"
Grove demanded of the defense
attorneys whether they were going
to introduce testimony dealing with
the mental condition Of the boys.
The three defense attorneys an
swered in one voice, Certainly we
are"
Isn't that then an attempt to
show insanity" Grove cried-out.
mo" the defense attorneys roared.
ut is simply insanity in another
name" Grove shouted.
You can cali it green cheese If
you like" shouted Benjamin Barah-
ach. one OF the defense attorneys.
Assistant States Attorney Mar
shall. indictment expert, who is
handling the medical phase for the
State, presented the argument on
the admissability Of the alienists' tes'
timony.
Marshal charged the defense was
trying to open a psychopathic hos
pital' in court.
Here is the point I want to make
clear" Judge Caverly said. If a
man is legally sane and in possession
OF his normal faculties, does not the
court in a judicial inquiry have a
right to investigate the defendants
state of mind?"
Absolutely not" Grove cried.
"All right" Judge Caverly. said
you will have to show me-"
Partial insanity is a case of
mental disease Marshal replied
"Depravity, and all other emotions
along that line are indications of
diseased mentality.
After these boys plead guilty
they are legally sane. What bust
ness have doctors and alienists to
come into the temple of justice with
their mental theories?"
SIayers Interested
Leopold and Loeb showed intense
interest in the mornings proceed
ings. They leaned forward in their
chairs and listened as the arguments
went back and forth between the at.
torneys and the judge, the justice
maker.
! Jacob Franks, father of the VIC
tim, was represented in the court by
his personal attorney. Samuel Ellison,
who prompted part of the pEosecu-
ton argument. Jacob Franks has
taken an oath that the slayers of
his son must not be permitted to
get off with anything less than the
extreme penalty and he is devoting
himself to fight to prevent failing of
the defendants.
Nathan Leopold ST., father Of one
of the youthful slayers, hunched
forward in his chair, hanging to
every word of the argument.
Assistant States Attorney Mar
shall continued his argument against
the admissability of a defense
testimony.
Leopold. a student of law, listened
intenty to Marshalrs citation of the
various authorities. chatted with
the defense frequently, apparently
pointing out points favorable to the
defense.