The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-07-30
OF
STATE CLOSED.
CALL ALIENIST
First Witness in Effort to
Save Boys From. Gallows
Is Expert on Insanity
PROSECUTION OBJECTS
State Charges With Attempt
ing TO Plead Sane and
Insane at Same Time

Chicago, July 3O.-The big legal
fight by attorneys for Nathan Leo
pold Jr. and Richard Loeb, confess
ed slayers Of Robert Franks, to
save them from the gallows, broke
out in Judge John r. Caverly's
court today.
The engagement opened when
Robert E. Grove, states attorney.
after resting his own case, sought
to shut off all testimony of defense
experts relating to the mental re-
sponsibilities Of the youthful de-
PENDANTS. He maintained that the
plea of guilty prevented him from
using any state of mind as a nit
lgation of punishment and with his
assistance continued the argument
through the morning session, even
though Judge Caverly said hs
would overrule the objection.
The defense told the Judge that
they had right to show that men,
tality had figured in circumstances
OF the crime, an dthe court indi-
Gated that he agreed with them.
The judge said, however, no op-
portunity remained for an offer of
insanity as legal defense, and he
would not permit such testimony
to be introduced.
When the dispute reached a
squabbling stage, Mr.. Grove said
to the court: IF you hear evidence
as to insanity, and then sentence
these men to life imprisonment and
they appeal to the supreme court,
l will confess error"
~ don't care what you GENTLE
men do with this case when l. ret
through with it," retorted the
Judge. :,
Thomas Marshall, indictment sx-
pert for the states attorney, re-
marked at one stage of the argu-
ment that the defense was coz
Efusing the court.
"They want to plead insanity
and call it mental responsibility"
he exclaimed.
You can call it green cheese if
you like" retorted Benjamin Bach
arach, of the defense counsel,
, NO." said Judge Caverly. 1T
has not been wasted. The court
will take day and half on this
If necessary"
During the argument Judge Cav
erly declared that the defense
would not be permitted to go into
evidence of insanity and demanded
to know from the state whether it
had any authorities that would pre-
vent him from hearing evidence as
to state of mind or in mitigation.
Chicago, July 80. tBy the A. P.)-
The state rested today and the de-
Tense started testimony in the hsay-
ing which is to determine the punish
ment of Nathan Leopold Jr. and
Richard Loeb for the kidnapping and
murder of Robert Franks. Frank
saeer was the last witness for the
state. He testified merely that he
took Loebs confession the night Of
May 30.
The defense called as its first wit
ness DR.. William Alanson White, su-
perintendent of St. Elizabeth Hospi-
tai, Washington. d. c.
Judge Caverly overruled an objec-
sAoH Oy ototcS AItOTucy NOOerC T..
Grove to testimony by any defense
alienist.
IF your honor gave these defend
ants a term of years satisfactory to
them and their attorneys" argued
Mr.. Grove, II could not appeal and
they would not. insist if the ques-
tion Of insanity is raised it is your
Honor's duty to impannel a jury and
determine that fact"
Judge Caverly shook his head and
said "Overruled," but Mr.. Grove con-
tinued on the argument on the legal
point he had raised.
After the argument had lasted 90
minutes and gotten back to the
states accusation that the defense
was trying to plead both sane and
insane at the same time, Walter
Bacharach suggested that IAN hour
and half had been wasted"