New Britain herald., 1924-08-02

white, head Of H.-. .4-3Hi.. H"g'h'. pital for the in was made fin Juoge Laverly's court to- day by Robert F.. Grove. states at torney, who cross examined the doc- tor on his testimony in defense of Nathan Leopold. Jr,. and Richard Loeb.
 Charges Insanity in Report
 The attack developed in shortened half-day session. when the prosecutor asked Dr. White to produce the Or iginal report" he had made to attor- neys for the defense. It was stated flatly by Mir. Grove. over objections, that came hurriedly from Attorneys Clarence s. Darrow and Walter Bach. rach, that the report held the de- fendants insane rather than mentally sick.
 Judge Cayerly suggested that since the question of insanity was barred from the present proceedings, the re- port might not be competent.
 Opinions At S25O a Day
 But your honor" expostulated Mir. Grove. If that report shows that for s250 day this witness has found these boys insane and then for the same fee now holds them only men, tally sick, l believe your honor will give less weight to his opinions"
 Another refusal of the report by the defense caused Mir. Grove to say he was satisfied to "let the matter rest right there."
 Was Mentally III
 Richard Loeb was mentally i'll" on May 21. 1924, when he and Nathan I'aopold ,Jr., Kidnapped and murder ed Robert Franks, it was testified on cross-examinatlon today by Dr. Will liam A. White.
 Judge John R. Caverly sustained an objection by Walter Bachrach of de- fense counsel when Robert E. Grove, states attorney tried to learn whether the expert thought Loeb, was insane.
 The same opinion was given as to Leopold.
 A Battle of Wits
 The session developed a sharp spar ring match between the witness and prosecutor. Sometimes Mir. Crowe's questions elicited a smile from the doctor; again he insisted upon going into lengthy explanations when the states attorney asked for "yes or no 
 That is impossible to give" was MT. Whites usual response to such at tempts.
 Mir. Grove once asked If the doctor thought Loeb had "dementia praecox, yes or mo-" ol
 If he cant answer yes or no, let him answer as he pleases." said Judge Caverly
 Is dementia praecox legal insan. lty?" asked Mir. Grove.
 That Is for you lawyers to say" re- torted the doctor over the "object- sustained" that came from Mir. Bach- rach and the court simultaneously.
 The questioning went into the doc- tors definition of such things as "de- pravity" and moral insanity" and the distinction between right and wrong. The doctor said "depravity" was "a moral term not a psychiatric | word at all"
 Strong 1nsinuation.
 You say that Loeb and Leopold ! Ire mentally sick but you will not | say they are legally insane" said the states attorney Does the fact that heir lawyers desire them to appear 1ere in just that light, cause you to pack away from an expression of | opinion on that?"
 sustained objection blocked any answer to this insinuation.
 Can Loeb distinguish between light and wrong?" was another ques- Ion that caused deal of sparring as o the sense" in which it was meant whether Ordinarily" or legally"
 What is right"
 "I would like to know" was the cryptic reply.
 Did Loeb know on May 21 that 1t vas wrong to kill Robert Franks?"
 He knew 1t was against the law"
 Couldn't Tell Wrong.
 Did he know il was morally yrong?"
 He could not distinguish exactly" "Is he legally insane?"
 Another objection was sustained. What is criminal intent?' was sked at another stage of the battle f witnesses.
 "I don't know; tell me-" was the omeback.
 Haven't you referred to it?' No. I used the term 'criminalistic 
 The doctor defined this as "anti- ociaf' and then said that "responsi- llity" was legal fiction,' and at est "a critique of society"
 Today's ProcccdiDgs. Dr. William Alanson White. defense lienist still was on the stand at the of today's session Of the caring before Judge Caverly to de- ermine the punishment of Nathan .eopold. Jr., and Richard Loeb for he Kidnapping and staying Of Robert ranks. The two hour session of ! ourt today promised but little pro- ress. Robert F. Grove. states at- l
 tcontinued On Page Eleven).