The Washington times., 1924-08-13
N|)lONGER
;. V|EVEDAS
: CHILDREN
CONTINUED from First Page)

somewhat frightened away, display
ing some emotion. Leopold denied
this, and there was some argu-
ment between them"
Defense alienists have previously
testified that Loeb confessed to
them 1t was. his hand that struck
young Franks down.
Wasn't . Gutter.
"When he finished, I asked Leo
pold, why in heavens name did
you ever do such thing?' He
almost broke into tears, and he said
he didn't know. He said they
could have desisted in the whole
matter at any time, but that he
wasn't q gutter.
He also said, why / don't know,
but he said it, you won't find any
thing in this that will hep u.s.
'@The Poor Weakling."
After they left the States at.
forneys office, Doctor Church said,
they went below to the Jail yard to
identity the murder car, somebody
let off flash light for, a picture.
and Loeb collapsed against a wal
rLeopold ooked at him, and said
the poor weakling.'"
The defendants also told him,
Church said, thar they had an
agreement that none of the money
they were to have received was to
be spent in Chicago for at least a
year, but could be spent elsewhere.
Have you an opinion as to
whether Richard Loeb was suffer
ing from any mental disease at that
timer asked the States attorney.
Yes, there was no mental dis
ease OF any character. The young
man was wholly oriented, he knew
where he was, his memory was ex-
traordinarily good, his logical pow
ers were normal-and saw no evil
6ence Of any mental disease"
And Leopold?" -
Perfectly Oriented.
'There was no evidence of any
mental disease. He, too, was per-
fectly oriented. He had extraordi-
nary reasoning capacity, and had
apparently good judgment in rela.
ton to the subject matter"
Then the States lawyers asked
Doctor Church, the identical hypo-
thetical questions they had asked
Doctor Patrick, and received sub
stantially the same replies.
mo mental disease"
Doctor Patrick saId most of the
physical facts contained in the
questions, such as the defendants
being nervou. ana having 'low
basal metabolism, ETC., were "triv-
jal and unimportant" and had no
relation to mental status.
These facts have little signifi-
rance, except the phantasies," said
Doctor Church. "Phantasies are
day dreams. Everyone has them.
They do not impel action, however.
Some Of the phantasies indicate
criminal tendencies. But that is no
excuse for conduct"
Doctor Church declared he had
read the Hubert Bowman report,
hnd from reading it could see no
evidence of mental disease Of the
patients.
This report" he said, carefully
prepared, fails to present any proof
ef mental disease"
Alienist Unchallenged.
! Doctor Patrick delivered his
opinion soon after court opened this
morning. The defense allowed it
to go unchallenged.
The old familiar Hypothetical
questions" that have featured every
court battle alienists ever engaged
in,- rang through Judge Caverly's
courtroom today, and it was in re.
Spouse to such roundabout ques.
tionings that the opinion of the
noted Chicago psychiatrist was
Secured.
Lawyers for the State presented
Doctor Patrick with a carefully pre-.
pared list of such questions, which
contained all Of the characteristics
and So-called eccentricities Of both
Loeb and Leopold, as set forth in
the voluminous reports of the de.
Tense alienists, and in each instance
Doctor Patrick returned the same
reply:
Sees No Mental Disease.
ST see no evidence of mental
disease from that"
The first hypothetical question
propounded to the alienist related to
Dicky Loeb. 1t said:
Assume that he is immature in
his sexual development; that he still
has three baby teeth: that the
growth of hair on his body is
ecanty; that he is required to shave
OILY lWO &C SltIiCo q WON
that he has had several fainting
spells during his life; that he has
tremendous of the hand and tongue;
and enlarged inguinal glands; that
ne has dermagraphia; and that his
basal metabolism when examined
one day averages minus II per cent
Assume all this, have you an opinion
whether such individual was suffer
ing from any mental disease on
May 81, 1924"
II have" promptly replied Doc
tor Patrick, II see no evidence OF
any mental disease.
Nothing in my observations Of
the defendants. or in the added
data you mention, show any indica.
ton of mental disease--aside from
the commission of crime"
e. Step by step, the States attor
ney led Doctor Patrick through all
this history of the Hypothetical
persons" referred to Loeb and
Leopold how they were abnor
mally intellectual, how they had
phantasies after they went to bed
at night; how they had childish
dreams-all the circumstances which
the defense lawyers have set up in
mitigation of the crime.
Anything abnormal in these