New Britain herald., 1924-07-23
Prosecutor Reaffirms His Decision To In. sist On Death Penalty For Both Of Young Franks Slayers.
Dead Boys Father and Parent of Leopold Pa. thetic Figures in Court as Hearing Proceeds.
SOME EVIDENCE TO
 BE HEARD PRIVATELY
By The A,socl,t.d Pr..,.

thieaso, Jniy Zs.-Ihe kidhapirs of i4-year-old Robert Franks by Ma. than Leopold, Jr.. and Richard Loeb. was a strictly commercial proposi- tion." the abductors wrote in their first letter to the father of their vic- tim. The letter was read today in the opening Of the hearing before Chief Justice Caverly to determine the penalty the two college youths shall pay for the death of young Franks, to which for the second time they affirm ed today their lawyers plea of guilty.
 Recites Murder Plot
 States Attorney Robert E. Grove. in an opening statement. recited the story of the boys planning of the little fellows murder" from what he said was the inception of the plot in the minds of the two brilliant sons of prominent families here last fall.
 Every detail of the planning. preparation. foreseen by the young conspirators, was reviewed by the prosecutor.
 He told of the perfection of the de- tails for their plot on May 21, and of careful deliberation atterward in the question of who should be their victim.
 The sons of numerous wealthy families were considered before young Franks was agreed upon.
 Termed "Cold, Calculating"
 The defendants were styled .cold. calculating murderers."
 Listening to the state recital of the details of the boys death with ap- parent equanimity of spirit, the two defendants sat calmly in their chairs behind their counsel
 Frequently one would whisper to the other.
 Leopold frequently sat virtually motionless for periods of 10 or Is minutes during the recital.
 Franks Is Composed.
 Loeb, however, frequently adjusted his stylish bow tie. moistened his lips with his tongue. and picked at specks on his sleeves. Jacob Franks, father of the slain boy, sat quietly beside his attorney-chewing gum with apparent determination. but WHolly WilHout outWaru sHoW ol ieei- ing.
 Nathan Leopold, Sr., father of one of the 19-year-old intellectuals whose fate is at stake, sat within a few feet of his son, and next to another son. His brow was creased and deep lines of grief bore evidence of a parents bowed spirit and heavy heart.
 Insist On Death Penalty.
 "Of course we are going to insist on the death penalty at every appro- priate opportunity" Mr. Grove told during brief recess.
 Some Private Evidence.
 At one point the states attorney alluded to evidence he would ask to present to the court in private"
 "The nature of the evidence" he said, 'as will be seen, and doubtless appreciated by the court, is such that t would be improper to reveal it in open court"
 Coming to a recital of the first show of weakness by Loeb during his 1rst questioning by States Attorney 7rowe. the prosecutor raised his 'oice and paced nervously before the bench.
 He told of Loeb's excited cry for , glass of water after he was told hat his companion had revealed their secret.
 My God!" the youth cried. He hen offered to tell the whole story. The same strategy applied later to leopold, Mir. Grove said. produced a Ike reaction.
 Each Accused Other.
 Each accused the other of being he actual murderer, and sought to ave his own neck" the prosecutor houted.
 "1n the name Of the people of the tate Of Illinois and of the parenthood nd childhood of the state. we de- nand the death penalty for both of hese cold blooded and vicious mur- erers." said Mir. Grove in conclusion.
 Defense Begins.
 Clarence Darrow, 67-year-old vet ran of the Chicago bar, the chief de- ,nse counsel immediately attacked he Grove statement.
 "To describe the crime as the most trocious and the most everything lse in history" Darrow said, lis to raw upon the imagination of the .ate's attorney
 Grove objected to the tenor Of remarks. demanding rul- lg from the court on whether 1t was me for statements or for conclud- lg arguments"
 Darrow responded that Grove had sought to stir up feelings and pas on" in his talk.
 The court ruled that Darrow should ,nfine himself to objections and sn pening statement.