Evening star., 1924-08-26
REPEATS DEMAND
TO HANG SLAYERS
Grove Starts Argument as
Franks Killers Defense
Ends Plea.
BY the Associated Press.


CHICAGO, August 26.-Demandins
again the death penalty for these two
poor sons of multi-millionaires," States
Attorney Robert T.. Grove in the final
argument for the State. today launched
a vigorous attack upon the mercy plea
of counsel for Nathan Leopold, jr, and
Richard Loeb
He spoke ironically of his tour
through the nursery with the defense
alienists," his education in bedtime
stories and the bad signs which
surround the defendants.
No Right to Leniency.
He contended vigorously that
neither the States attorney nor the
court had the right to be lenient
above the letter and spirit of the law.
1.-The law says" he shouted. that
in cases of extreme violence the PEN
atty shall be death. We may forgive
our personal injuries, but neither
you as judge, nor l as States at
torney. has a shred of right to for
give injuries to the laws which we are
sworn to defend"
The defense concluded this morning,
and Grove took up the fight before
Judge John r. Caverly in endeavor
to obtain death sentence for the mur-
derers of Bobby Franks.
Grove indicated that the final argu-
ment for the State probably would re-
quire six or more hours.
Only the perfunctory hearing on
the kidnapping Indictment will then
be left.
Benjamin Bachrach, longtime friend
of the Loeb family, completed the de-
fense argument with another attack
upon the mode of examinations by which
the States alienists concluded that the
two brilliant college youths were of
normal mentality.
He attacked also the legal citations
offered in the first arguments of the
State to sustain the States demand
for a death penalty. OF more than
score of decisions from Illinois courts
cited by Assistant States Attorney
Thomas Marshall, there is not sin
gle case in point" Bachrach declared.
VIII Establish Precedent.
He appealed to the court to con-
slider that the present case was en-
tirely without precedent in American
legal history, and that decision here
would mark the path for the future.
The special pecularities of the case,
he insisted. were the age of the de-
PENDANTS and the nature of their
mental debility. He closed with plea
to save the slayers' families from the
stain of the gallowS.
His argument, which lasted more
than an hour, and was offered as the
last word of the defense, dwelt upon
the retarded emotional development
of both boys. Mr.. Bachrach entreated
for a consideration of hte recent ad-
vances of scientific research in psy-
chology, and with them story of the
Childish phantasies Of Dickie Loeb
and the superman delusions of Leo
pold."
when the word was sent out from
Chicago that these two boys had con-
fessed this crime, the response came
from every quarter: Why the boys
must be crazy"" said MIR. Bachrach.
1.-The very act in itself was suf-
fcient for the lay mind
Bachrnch Makes Plea.
Mr.. Bachrach, opening today.
turned his attention to the alienist
testimony. He said that Is years ago
he had talked with Clarence s. Dar-
row on the value of sympathy, under
standing and mercy.
You have been listening TO mas
ter. No other man could have dis
cussed with more authority the prog
ress of the law away from the severi-
ties of bsrbarism."
Mr. Bachrach pionted to an old case
in which a 13-year-old serving girl
was burned to judgment" because
the law did not permit hanging per-
sons under IA.
THAT was a fair sample Of the way
they got around safeguards to youth
in the old times" he said.
He turned to some of the legal as
poets of the States argument, saying
that the entire fabric Of the States
case was calculated to present to the
Judge a plain case of homicide, with
out a particle of mitigation in it.
State Argument Confused.
Mr.. Bachrach averred that the State
had confused the mental disease Of
fered by the defense with legal
insanity"
considerable has been said" Mr..
Bachrach continued, about the oppor-
tunity of the States alienists to make
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