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

voIuminous law books, and the
states attorneys were reading ex-
cerpts from presidents and au.
thorities. The principal spokesman
for the State by this time was
TON" Marshall the authority and
precedent expert OF the States at.
torney's office.
barrow injected q word now and
then. raiterating I'VE are not try
ing to plead insanity"
"You are setting up q plea OF in.
sanity under another name said
Marshall, "calI it what you viii.
sit ID the States contention this
case is. outside Of the field of de-
Tense, It Is now within the broad
field Of mercy. Why should they
not hang7''
eve have the right" countsred
Attorney Bachrach, to submit any.
thing III the way Of medical. mental
or pathological condition Of these
boys to the court for the court to-
weigh It as he will.
Time and again States Attorney
Grove returned to the Illinois stat.
ute to which he originally referred,
contending that Judge Caverly was
without power to admit the testi.
mony Of the alienists.
Amy time there "a question Of
sanity or insanity" he said again
and again, 1.-THE law Is mandatory
that your honor call q jury to de-
termine that question"
Restates Purpose.
''Oh, there you so again on the
question Of insanity" said Judge
Caverly. throwing up his hands.
"How many times does the court
have to say that there 10 no plea Of
insanity here?
"The court has the right to hear
any evidence Of mitigation In this
case bearing on the mental respon.
sibility Of these boys.
II don't know what the defense Ii
going to be. / only know that they
want to put q medical man on the
stand to testify IN. this case. After
it's all In, then /. viii consider II.
No one knows what effect It win
have"
Grove asked Judge caverly il he
was not attempting to assume the
prerogatives Of q Jury.
See Trial Void.
'Your honor 10 attempting to cay
that the plain words Of the Illinois
say" Grove declared. "Any iudg.
ment rendered in this court under
these conditions win be void and IL
Mr.. barrow takes the case to the
SUPREME Court, ! win confess
error"
'aThe court cannot. help what you
and Mr.. Darrow do" said Judge
Caverly. This IL q waste Of time,
an hour and q HAIR. The court ID
willing to listen to reason, or to
any authority, but the court does
not know Of any authority which
says that II can not hear In rniti.
cation any testimony touching on
the case. It's ridiculous"
Yes" interrupted Grove, ''but
the statute says any time there Is
q question Of sanity or insanity"
He didn't finish.
There you're off again on the
question Of sanity and insanity"
YEARLY responded Judge Cayerly,
This isn't any sanity trial. This
Is q trial in which the lives Of two
young men are at stake, ana this
court has the right to hear all the
Recess Ordered.
The argument was still going hot
and heavy at 1880, the hour usual
" set for . five.minute recess. and
Judge Caverly stopped it and an.
nounced the usual rest period would
90 observed. The lawyers remained
IN front Of his bench arguing. but
the Judge retired to his chanAers.
AZ one point Of the argument
benJamin Bachrach OF defanse
counsel, remarked that 'awe have
heard enough authorities where.
upon Samuel Ettleson, former cor.
poration counsel OF Chicago. who
has been identified with the case
through his long friendship with
the Franks family, said:
on. let them so ahead. we have
. Leopold tussed at Darrow's coat
What tho, Says Leopold.
Say" he whispered, What the
hell has that guy got to do with
this case? He is not an attorney
Of record here"
Leopold does not like Mr.. Ettel.
son. barrow waved him down.
When the recess was over.
Marshall Of the States attorneys
office continued to read authorities
in defense Of the, State contention.
Caverly listened quietly.
Marshall dug into the authori-
ties and presidents in the courts
OF California, New Jersey, Pennsyl.
vania and Nebraska, all OF which
dealt with the question of pleading
insanity In murder trials. He
quoted long excerpts from decisions
Of judges, but all of them dealt
with insanity" which Judge Cav.
erly repeatedly had observed was
mot an issue here"
The court listened patiently, but
there was no indication that he
would change his opinion regard,
trg the submission of alienists'
testimony In this famous case.
Noon recess was taken at 1870
o'clock with the argument stilI in
progress.
Sees No Weakening.
Doctor Bernard Guieck, of New
York, one Of the defense array Of
alienists, examined the youthful
sIayere In the fail thfa ynnruina,