The Birmingham age-herald., 1924-07-28
FRANKS SLAYERS l. MAY WITHDRAW PLEA OF GUILTY Friendly Judge TestinO- ny Of Detective Brings
 Shift In Defense Plan DARROW MAPS OUT
 DESPERATE EFFORT Calls In AIienists And Physicians To Arrange
 Counter Attack
RxH.H. ROBERTSON.

AcWScu NlEO eO AuO fASCHNAON01u.I
 CHICAGO, H., July 27.-The forces defending Nathan F. Leopold and Richard Loeb, slayers of IA year-old Robert Franks, will fight States Attorney Robert E. Grove, tooth and naily. from the time the hearing is resumed Monday before Chief Justice John R. Caverly. A decision to launch an aggres- sive. counter-attack against the prosecution in last and desperate effort to save the two 19-year-old intellectuals, sons of multi-million- aires, from hanging, for the crimes which they have admitted commit ting, was reached at a conference Sunday, presided over by Clarence s. Darrow.
 This gathering was attended by Ben jamin Bachrach, Darrow's associate, several alienists and other physicians retained by the defendants. Among those who conferred with Darrow were Dr. William F. Healy of New York, Dr. Bernard Glueck of New York and Dr. William A. White of Washington. They are among the most eminent spe. SAAAAoS6 AAA hACAlaA unu Rht HDuOT~ malities in the United States.
 Surprised And Incensed
 Darrow said that the continueu ef- fort of Grove to convince Justice Caver- ly that Leopold and Loeb should hang had both surprised and incensed him. He had allowed the prosecutor to run along virtually unchecked during the opening week, with the exception of criticism of his tactics in his opening. address, and a vigorous cross-examina- ton of three police detectives at Sat urday's session.
 1t was the testimony of Detective Sergeant James J. Cortland that Leo pold, the day after his confession, had told him the program of his family to isqyEe his life auld be q guilty plea and "a friendly judge, that aroused Daf- row. Gortland,s testimony ail nj tatl N created an unexpected dilemma for the defense and placed Justice Caverly in a somewhat embarrassing position. Dar- row was shaken from the lethargic atti. tude, which he has maintained almost from the time the hearing to determine mitigating circumstances started, and no sooner had Saturdays session end ed than series of conferences were convened by members of the defense staff.
 May Withdraw Plea
 One result of these conferences has been that the defense is seriously con- sidering withdrawing the guilty pleas of the prisoners and demanding a trial by jury. 1t also is considering ma neuvering so that an insanity hearing fsn NasIapad ehnSOwa iooinu Of experts.
 According to Darrow, the door has not been closed for either a jury trial or an insanity hearing through the pleas of guilty Leopold and Loeb made last Monday. Until two days ago, Oar row has said, he intended to allow the prosecution to lay its facts before the court unhindered and then possibly to present a few witnesses, to show that the two. youths were not mentally or morally responsible for their crimes. He also had intended to plainly say that neither Leopold nor Loeb was fit to function in society and that the two slayeTs should be incarcerated and kept under confinement.
 Changes His Mind
 But the damaging case built up by the state has changed DarrOw's mind and has altered whatever decisions he and the families of the prisoners pre- viously had made. Crowe's persistent efforts to hang the killers of the Franks boy have resulted in q decision for new tactics on the part of the defense.
 If, as some persons who have watched the hearing think probable, Justice Caverly indicated that he will impose the death penalty, DarrOw will ask per mission to withdraw the guilty pleas and demand a trial by jury. This is one of the latest decisions of the de- fense.
 And, if Justice Cavery refuses to permit the defense to introduce evil dence that the slayers were not and are not responsible for their crimes, Oar row will try to arrange an insanity hearing. If the introdu tien of evil dence relating to the supposed vagaries of the two youths is allowed, Darrow will let tLe hearing run along until it hears the end, when he m ask for the drawing of jury.
 Grove announced Sunday he would resist any effort to interpose an in- sanity defense ''in whatever aspect 1t may be introduced"
 COOLIDGE AT WORK