The Washington times., 1924-07-31

Schulter vigorously denied the
charge.
cannot ten whether it IL admissible
evidence until know what It Is"
Clarence barrow, the resourceful
chief of the defense, broke in, and
said to Grove:
when you were Judge on the
bench, Mr.. Grove, did you not hear
evidence Of insanity In q plea OF
guilty to first degree MURDER"
+ did not" returned Grove
warmly.
How about the alienists who testi.
fled in the Fitzgerald case?'' re.
turned barrow.
He merely testified that the man
was q burglar" retorted Grove, but
Fitzgerald was sentenced to hang
and was hanged, too"
Boys Join In Laugh.
That's because you sentenced
him" said barrow, smiling, and the
court room broke into laughter. in
which both Leopold and Loeb Joined.
Counsel for the State 1erided the
functional mental disease which
! the defense attorneys have ALREADY
told the court they intend to show
10th Leopold and Loeb afflicted
Alienists tell me-" declared as.
sistant States Attorney Marshall.
that 20 per cent Of all the cases
admitted to our asylums are az.
Eicted with q mental disease, func.
tional in character"
Marshall went on. ana again re.
iterated that at the first Question
OF the sanity or insanity Of Loeb
or Leopold "the law Of Illinois
commands that a jury be called !,
Judge Caverly YEARLY observed
that he had already said Repeatedly
no evidence Of insanity could IS
submitted. He reminded the States
attorney they had the privilege Of
putting On rebuttal alienists after
they have seen what the defense
alienists say.
Judge Stops WrangIe.
Grove said thnt was not the point
at all-that the only point was maj
the common law in this state de.
manded q jury to hear any evidences
on saniy or insanity.
They wrangled and wranRiad. 20.
ing over the same ground they went
over yesterday. barrow and Grove
shouted at each other.
Judge Caverly finally stoppe.I Al
Oh, so on with your argument .
ne said to the States attorneys
ana Marshall then resumed fhe
reading OF the law books and a..
cisions from many courts in many
babe and Dicky" do NOT care
particularly whether the aiienists
their wealthy families have em.
ployed for them succeed II rivinr
testimony as to their mental state
They know the alienists are goins
70 describe them as ''InentalI5
diseased mot downright insane
but stin queer enough for Judge
John r. Caverly to take into con.
sideration their mentality when he
goes about deciding whether they
should hang for the murder OF
young Franks or merely go to
| prison for life.
Blow to Pride.
They have natural, somewhat
boyish desire to see the state de.
feated In its effort to keep the
alienists Off the stand. They like
to nee the State defeated wherever
possible, but. ON the other hand,
they do not relish being painted to
the world as having diseased
minds" That Is q blow to their
prfde.- They have been widely ad.
vertised as being ''intellectuals''
and possessed Of remarkable
minus" and they like 1t.
For the alienists to cloud their
almost perfect crime" by describ-
ing II as the child of abnormal.
diseased, and otherwise Irregular
brains does not at all tit in with
their adopted pose as scientific,
cold -blooded, young intellectuals
who conceived q brilliant criminal
plan and carried It out with skill
and daring. y
Talk Of 'DIsgrace.''
In their cells, after the first day
OF the dcfense's day In court, they
discussed the whole matter, alld the
foregoing, according to Aaystified
relatives. represents the sttitude OF
these two remarkable young
slayers. They talked gravely OF the
Disgrace" and the stigma" Of be-
Ing described as mentally dis.
eased." To them Il apparently was
more serious than the stigma and
disgrace" Of having committed per.
haps the most cold.blooded and
brutal crime In American crimi-
nology, q crime with no motive
other than ''the thru ce It's