The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1924-07-30
tcontInued from Fgfst Paeel

j
Continued from First Page.l
bDurt accepted their pleas Of guilty
~ sane men
,.sBut IL evidence of their mental
lkate is not to be taken, how IS
the court to know whether they
were competent to plead guilty?
Certainly ! have q right to know
whether these boys are competent.
] cannot allow the attorneys here
70 waive the rights Of these boys.
Must Change Plea.
t'Whenever, gentlemen. IN the op.
lnion Of this court theea boys are
insane the court vim direct the
withdrawal Of their plea Of guilty,
ana the entering Of = plea Of mot
''There are various forms 81 IN.
sanity, continued Judge Caverly.
Not under the law interrupted
Grove. "A man ii either sane or
he Is insane. If 1t. is conceded, for
the sake Of argument, that insanity
ID q defense Ia this case, have these
boys any right to q defense in view
O9 their plea Of guilty Have they
the right to introduce testimony
bearing on their mental state?"
Yes" reiterated the judge and
The defense attorneys in unison.
These boys are not going TO ba
allowed to plead insanity as q de-
Tense IN this casS..ne went on Judge
CaverIy, "but this court certainly
has the right 10 hear all the evil
Genco In this case.
No Question Of Sanity.
''This coourt Is not going to hear
the question Of sanity and insanity
here"
yes, but the tendency ia--" be-
gan Grove.
eOh. there you go again with tend
encies," interrupted the court. 1.-THE
court has said that it does not in
tend to hear the question Of sanity
or insanity here.
"If there ID e question Of sanity
here this case win be tried by a
But you cant escape the ques-
tion Of sanity or insanity" OBJ
jected Grove.
eourt.
The argument continued into the
authorities and the statutes. tho
states attorneys contending that
under the laws Of Illinois thers
was no other alternative for the
court, but to call jury IL the
@nentsts were to- be allowed to
describe the youthful rnurderers as
Abnormal. queer. and Of twisted
moral and mental state.
Court Is Patient.
The court listened patiently. Ia.
eotfupting now and then with &
Femaxk a. to what the supreme
kourt had ruled in such cases.
Blackstone says'' observed
huo Of Groves aids.
j didn't ask you about Black
stone" snapped the court. 81 said
what has the supreme court OF
Illinois said"
70 Grove. Judge Caverly said:
1T does not look like we will
AvAr get together on this"
Time out was taken while clerks
were dispatched for bulky volumes
~ authorities and presidents.
The famous Gene Geary case was
ltad. Geary was a notorious south
Alde gunnnAn who shot q policeman.
Ind was sentenced to death. His
attorneys contended that he be.
6ane insane while awaiting execu.
don, and won their case. 30 that
Geary Ii now Ia the state hospital
Tor the criminal insane.
EYES," said Judge Caverly, ''and
Is Geary ever reaches sanity again
& win then be the duty Of the Grim.
nal court to set the date for his
A3cecution."
Grove Sarcastic.
Grove commended there "can be
no mitigation in a crime a
Atrocious ana brutal al this
He asked earcastically whether
Leopold and Loeb had killed young
Franks s'in self defense" or ''in 8
etate Of rage" or lin q drunken
.No," he declared, answering his
bwn questions. They took hin.
but deliberately and killed him FOL
no motive at all except brutality
In such 9 case there can be nc
1aitigation."
''The question before this court
g." remarked Judge Caverly, have
J the right to hear all the evidence
Ia this case, or have uotf"
II about Judge Caverly's bench
arguing and wrangling, the two de
PENDANTS sat quietly iE their seats
their faces eager, their eyes bright
listening intently to every word and
trying to peer over the heads of the
crowd.
The arguments were conducted ir
tones that, save occasionally, die
mot reach all over the court room
Judge Caverly was particularly soft
spoken.
Argument Runs Long.
AT the end OF an hour the areu'
Snent was still In progress. The