The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-07-31
circumstances. y

Assistant States Attorney Mar
shall consumed the entire morning
session, except for a few moments
spent wrangling between attorneys
and a few remarks by the court.
Repeatedly the court made 1t plain
that the scores of rulings presented
by the State had not caused him to
change his mind.
Wednesday he overruled the
States objections to admitting de-
fense alienists' testimony, but left
the final decision open, pending
presentation OF argument by the
State.
Today Judge Caverly indicated
several times he will permit the de-
Tense to puS its medical witnesses
on the stand and made that stand
very clear when he cited ruling Of
the Illinois Supreme Court. This
ruling holds that 'depravity and
abandoned habits do not in them
selves constitute insanity" This.
the court pointed out. makes it the
duty of the cour to hear evidence
in mitigation Of punishment.
Defense Encouraged
The defense took much courage
from the statement OF Justice Ca
verify that a few months ago he had
somewhat similar case and SEN
fenced the slayer to life in prison
The case was that of Sam Rcsen,
Rosen killed his wife.
The court could and did appoint
ar aIenist to examine him, and
when the court was told the man
was not insane and was responsible
for his act. I permitted the plea of
guilty to stand and sentenced him
to life Imprisonment" Justice Ca
verify pointed out.
Rosen had pleaded guilty and
begged for hanging. Justice Caverly
appointed an alienist to examine
him. The report showed Rosen
technically sane, but in a bad physi-
cal condition. The court gave him
life in prison.
Holds Right
Justice Caverly holds he not only
has the right. but it is his duty, to
hear any evidence dealing with the
mental condition of the prisoners.
I'VE admit the boys committed
murder. We admit they are legally
sane. But we contend that the
court should know the state Of mind
of the defendants in order to give
them a fair sentence"
This is the statement of attorneys
for the defense in reply to each fresh
attack by the State.
mo evidence tending to show the
boys are insane can be int<oduced
without throwing the question into
the hands of a jury" States At
torney Grove holds "If the boys
are insane or partially insane, they
cannot plead guilty
The courts reply Is that he will
not listen to any evidence tending
to show insanity, but only such test
imony that deals with a diseased
functioning of the mind.
No Appeal for State
Grove holds that the defense can
appeal any sentence imposed by the
court not to its liking. while the
prosecution cannot appeal.
Meanwhile, as this legal battle is
being waged, DIR. William A. White,
who came all the way from Washing
ton. D. c.. to testify for the defense,
sits quietly in the witness chair. If
the court holds to its original ruling,
which favors the defense, DR.. White
can testify-if 1t changes it's ruling.
he will be barred from the stand
Leopold and Loeb, both students
of law, watch the proceedings with
keen interest. They listen attentive
ly to each word that is spoken in
the battle Of contending attorneys
battle which may decide whether
they are to be hanged or sent to
prison.