Evening star., 1924-08-16
lmputes Unfairness in Meth
DDS of Prosecutions
Alienists in Hearing.
BITTER WORD COMBAT
FOLLOWS ACCUSATION
States Attorney Says Loeb and
Leopold Never Forced by
Him to Talk.
By the Associated Press.

CHICAGO, August 16.-The Franks
hearing this morning developed into
a two-hour wit-and-word battle be-
tween Clarence S. Darrow, chief of
defense counsel, and Dr. H. D. Singer,
the States fourth alienist, with Rob-
ert +. Grove, States attorney, ami
Mr.. Darrow also wrangling.
The chief gains sfor the defense
were admissions by Dr. Singer that
he had asked Nathan F. Leopold and
Richard Loeb. kidnapers- -murderers of
Robert Franks, no questions, and that
his conclusions that they were sane
was based upon observation only,
that the youths present age Is the
critical time for developing mental
sickness" and that a split personal
ity" might be evidence toward mental
disorder
report by James Quinlan. at
torney and Investigator for the de-
tense, indicating that in $40 murder
cases in Illinois in the past 10 years
in which pleas of guilty were entered,
but one man, Thomas Fitzgerald, SEN
fenced by Mr.. Grove, when he was
chief justice, had been hanged, was
admitted as evidence
No Minors Hanged.
The report was designed to further
the defense's plea for penitentiary
sentences for Loeb and Leopold in
stead of the gallows by showing no
minor had been hanged in 10 years on
plea Of guilty, Fitzgerald being
nearly 40 years old.
DR.. Singers cross examination will
be continued with only one witness,
DR.. w. Q. Krohn. alienist for the
State, remaining to be heard before
arguments will be started.
Mr.. Darrow brought out that Dr.
Singer had collaborated in writing a
book about insanity and the law"
leading up to the accusation that DR..
Singer had examined Loeb and Leo
pold in vocation of their constitu-
tional rights while they were in the
custody of Robert E. Grove.
Mr.. Grove arose and engaged Mr..
Darrow in another wordy combat.
The prosecutor maintained that Loeb
and Leopold had not been forced to
talk while he held them, that once
they had started talking he could not
stop them.
You are not trying to enforce the
law; you are trying to cheat it, Mr..
Grove accused Mr.. Darrow.
Remark Stricken Ont.
Strike it all out, Mr.. Reporter"
said Judge Caverly, ending the argu-
ment.
Another was on tap, however. as
Mr.. Darrow insisted on a yes" or
mo" answer to this question:
You could not tell by looking at
them whether they had a mental dis
order?" repeated four or five times,
with DR.. Singer trying to reply by
qualifying. Mr.. Grove. interrupted
with an objection that "Mr. Darrow
is trying to force the witness to say
something"
why didn't you tell them to an
swer our doctors?" Mr.. Grove asked
Mr.. Darrow.
why didn't you tell them to get
lawyer instead of violating their con-
stitutional rights?" hurled back Mr..
Darrow.
In his reply Mr.. Grove referred to
Loeb and Leopold as Criminals"
Now" shouted Mr.. Darrow, you
have no more right to call these boys
criminals than l have"
What's the natter" Mr.. Grove
shot back.
aren't they? You are not pleading
insanity are you? If you are let's
call a jury"
II am not calling juries." replied
Mr.. Darrow.
Resumes Questioning.
The defense chief counsel resumed
his cross examination.
Doctor. you heard questions put
repeatedly to each of the youths and
they answered all by saying they re-
fused to answer on the advice of
counsel?' Asked Mr.. Darrow
Yes, but not in those words. they
were more precise" replied DR..
Singer.
Il heard Leopold say to the sheriff
that he was in his care but he pro-
tested"
you didn't say anything to the
sheriff about giving Leopold his con-
stitutional rights? Asked Mr.. Oar
row.
No" replied DR.. Singer.
Were you able to make up your
mind whether they had any mental
disorders that day?"
mo. sir"
Did you ever see them again until
they came into this courtroom
NO, sir"
Did you ever ask them any
duestions?"
NO"
Has Opinion Of Boys.
did you have any opinion as to
whether they had any mental disor-
der when they were in the States
attorneys Officer
Eyes, have this opinion-that
what 1 had observed showed no evil
dence of mental disease"
when did you first express any
opinion as to their sanity?'
II really can't say-long after the
trial commenced"
Mr.. Darrow brought out that DR..
Singer had heard all the defense
,alienists testify, and then asked:
do you mean to SLY there was no
evidence tc indicate diseased mind?"
DR.. Singer replied that he had heard
opinions expressed, but that there
was no statement of fact related by
any alienist which indicated any
mental disease
Mr.. Darrow was pounding hard at
the witness, reading his questions in
a constant stream. His long hair had
fallen forward over his eyes as he
gestured with his fingers, arms, head
and body. At times his voice dropped
to low, lulling hum. He then was
getting replies that suited him, only
to repeat the favorable replies in a
resounding baritone.
For q 67-year-oid man Mr.. Darrow
lContlnued on Page 2. Column A.