The Birmingham age-herald., 1924-08-06
Singly, Slayers Harmless,
 Declares Defense Alienist
Mind Shackles Forged By Diseased Imaginations
 Held Responsible

rom the lndlvlduaIS manner of think ing, feeling and acting"
 The states attorney was trying to force the witness to use the terms -'sane" and insane" but Dr. Healy, like all the rest of the defense alienists and the defense staff, fought shy of the words.
 Undoubtedly, both defendants have psychOses,P, Dr. Healy answered in re- sponse to Crowe's questioning.
 The prosecutor then asked the physi- clan if it were not true that psychiat- rists had substituted the words psyche sis" for insanity"
 That is true" the witness replied But it was done because there is no such thing as insanity in medical science. It is purely a legal term, one that doctors realize now has no exist ence in fact"
 Turning to Justice Caverly,. Grove exclaimed:
 The time has come in this case when the defense clearly is trying to seek to get a mitigation of punish ment on the ground that these defend ants are insane. The doctors and the lawyers may call it by any names they like, but they are simply using subter-
  tempting. I ask that your honor stop these proceedings and call jury, so that this issue may be tried where it ought to be and that the mental disease of these boys may be used as a defense for their crimes"
 There is not going to be any in quiry into the sanity of these boys" Justice Caverly said, they are sane, so far as the court is concerned"
 Well, if that is so, I'm at loss to understand all the experts testifying about the mental diseases of these boys" Grove retorted.
 Justice Caverly, who was noticeably weary, and who lately has shown evi- dence of the strain put upon him, snapped:
 Tt is mandatory on me to hear all the evidence the defense wishes to of fer in mitigation. The supreme court of this state has defined what con stitutes insanity and I am going to be guided by the ruling and by the law. Your objection is overruled.P
 The states attorney then described to Dr. Healy how Leopold had told him that Loeb struck Franks over head with a chisel, after he, Leopold, had been informed that Loeb had confessed.
 "What emotion was at work there, doctor?" asked Grove.
 Fear, caution, and the instinct for self preservation" the witness an- swered.
 "Wasn't that a normal action ?" Grove asked.
 T do not know, I should have to know all the circumstances" the phy- sician replied.
 What do you mean by the word psychosis?"
 Ut is a term used to define mental disorders"
 Tn the first examination you made of these defendants did you say they were victims of psychosis ?'
 ''I did," replied the physician.
 Grove then asked Dr. Healy about Leopold's interest in ornithology and suddenly asked.
 Were those birds a fantasy?"
 q don't know" the witness replied. '"They might have been connected with a fantasy"
 Did Leopold have any birds in his kingdomY'
 T didn't hear of any," the witness answered.
 "So that instead of this being a IanLd6yS IL was pAdClGcdA tHAuS t Grove persisted.
 ''Yes, would say so," Dr. Healy admitted. It was one of the few ad- missions he made during the day.
 Now Crowe's purpose became re- vealed.
 Doctor, do you mean to say that at one time these boys had the emotions of five or six and at another time they had mature intellects, or that they had both at the same timeY
 ''I don't know" said the physician.
 "In other words," shouted Grove, isn't it a fact that the intellects and emotions of these two boys are so mixed up that you can't separate them?'
 Dr. Healy squirmed about and an- swered.
 "Yes."
 Grove broke into a smile. It was one of the most important admissions he had obtained, for both Dr. Healy and other defense alienists had testi- fled that Leopold and Loeb had su- perior and astonishing intellectual abilities, but that their emotions, which were those of children, had dominated their intellects and led them astray.