Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-02
BARROW ANSWERS
STATES ATTORNEY
IN TESTIMONY ROW
Law on Mitigation Is Given
Thorough Threshing in
TWo-Day WrangIe


to keep out Of the court record the
opinions of alenists on the mental
responsibility of Nathan Leopold,
Jr, and Richard Loeb when the aft
ernooh session started today
Thomas Marshall, legal expert for
the states attorney, started at that
hour to sum up the results of the
saFgument which he had presented to
kSdge John r. Caverly throughout
and half Of court session.
The state was maintaining that
testimony by ahenists could be
heard only on the question of in
sanity, which problem, if admitted,
could be decided only by a jury on
plea ofTnot guilty.
The defense was resting on it's con-
tention that condition Of mental
disease, short Of insanity, was prop
err for consideration in mitigation for
1 punishment.
The largest crowd that has yet
assembled for the trial struggled for
places in the courtroom, but only ZOO
or so who could be seated got past
the guards.
Darrow Answers
Clarence S. barrow started the
answer of the defense after Mr. Mar
shall had summed Up in a few SEN
fences.
Il have never seen such enthusi-
asm for the death penalty as in TINS
case" said Mr.. barrow. IF L
thought hanging them would stop
! the crime of murder would favor
! it, ''but I have no such feeling.
Ceases have been cited here 70
years DID, said Mr.. Darrow. "They
hafnra np0nlp knew
! what the mind was, or, more ap-
propriately, what it was not.
"These cases we're read with no
purpose but to pile up law books,
and anybody can do that.
'There is no question but that IN
Illinois legal insanity means such
mental disease as makes one unable
to distinguish or choose between
right and wrong" aid barrow. He
added that, for that matter, there
was no claim that Leopold and Loeo
were legally insane.
Mr.. barrow raised smoker Y
the crowded courtroom by SAYING
that Robert e. Grove, states attor-
ney, had acknowledged that Mf. Lar
rows clients are "even as sane as
he is e
Courts today take account OIL
mental deficiency" he said.
One of the cases which Mr.. Grove,
now states attorney, heard when ne
was a Judge and Mr.. DarroW, attor-
new for the defense, was cited uodaS'-
The citation brought heated eX-
change between Messrs. GROVE anu
barrow today, the former maintain
inc, he had not heard such evidence
in mitigation of punishment.
ooh, yes you did," asserted MI
barrow. ;,
"But the defendant was hanged,
said Mr.. Grove.
"YesN but YOU sentenced him." re-
torted Mr. barrow.
The courtroom rang with laughter
Leopold and Loeb joining. The dem
onstration faded quickly under the
frown of Judge Caverly.
State Uses All Forenoon
lust before this incident Judge
Caverly had turned state argu-
ment into a query against the pros
ecution'S own position. THOMAS MAI
shall, legal scholar of the states at
torney's staff, had read a decision
which held that moral depraVlty was
not an evidence of insanity.
"Then if it is not such evidence
and QOGS nOI lSIu W plONO ~ 49,
II not be heard in mitigation? ask
ed the court, adding
cit seems to me it would be COM
petent for a court to hear it and
constitute reversible grounds if it
were rejected"
The state continued plllnS up clta-
tions until the luncheon recess was
keached, when Mr.. Marshall said he
o1Nd read no more authorities but
Would submit a list of others for
the courts consideration.
Leopold and Loeb sat quietly
through the reading and argument.
Once, however, they whispered ana
smiled when DarrOW moved into d
chair alongside them and handed a
newspaper clipping to Leopold. Leo
pold wrote a note on the margin
and laughed as he handed it to Loeb.
They smiled again with DR.. White.
whose appearance on the stand pre-
cipitated the debate, when Mr.. Mar
shall read a decision which mention
ed the "seal of medical science" in
investigating mental disorders.
Early Crowd Increases
The hearing was set for an open
ing thirty minutes later than pre-
time seemed to serve only to in
crease the crowd clamoring for en-
trance and possible view of the
millionaire youths as they marched
in and out of the court room guarded
by the usual three bailiffs.
The early part of the session prom
ised little more than that to appease
the interest of the visitors, since
Thomas Marshall, indictment and
legal research expert for States At
torney Cove. left unfinished yester-
day his citing of precedentS fom
other commonwealths to prevent
Judge Caverly hearing as a mitigat-
ing circumstance the testimony of
various alieaists called by the de-
Tense. DIR. William a. White, of
Washington, d. c., rested comfort
ably four and one-half hours on the
witness stand yesterday while the
state and the defense argued as to
the prosecution thought he would
the prosecution drought he would
be called upon for.
Only a few men were in the court
room or the long hle that wound
down from the court room on the
sixth floor. women predominatinS in
Il ratio of about nine to one.
Court convened at 1888.
Judge CaVerlY brought severa
law books into court. - DIR. White
climbed into the witness chair and
the attorneys grouped themselves IL
front of the bench preparatory tC
resumption of the argument.
Judge Caverly told the proSecu
ton that all the cases cited yester
day were cases in which plea OF
not guilty had been entered and the
cases tried by jurors, and that there
fore they We're not applicable to the
present instance. The court cited 4
Pennsylvania decision which he held