Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-28
WOMEN ARE BARRED
At FRANKS HEARING;
SECRETS COME OUT
Grove, in Hot Address, Goes
Into Private Testimony
on "ChiId Pact"

CHICAGO, Aug 26.-(By the AS
sociated Press. )-Called upon to dis
entangIe a technical snarl over the
propriety Of certain argument adj
yanced by States Attorney Robert E.
Grove in his plea for the death pen
Richard Loeb, Chief Justice John r.
Caverly today ordered read into the
record in open court the full testi-
mony given in chambers as to the
condition Of the body Of young Bobby
Franks when it was found
1.-The Judge ordered recess of five
minutes to give women an opportu-
nifty to leave before the statement
was read. About half of them re-
tired. Those WHO remained reused
the judges ire.
In loud words Judge Caverly an
rounced that he would have the
baiiiffs escort the women out if they
persisted in remaining.
"Why do you persist waiting
to listen to such rot?" he demanded.
Men who pressed forward were or
dered bac kto their places.
The court cleared, the reading of
the document began,
II don't know what the report con
tains, as l have not read it," said
Judge Caverly, "but I want the rec
ord complete"
Walter Bachrach, of defense coun-
sci, then read the report of the post
norton.
Dispute Over Inference
There was a dispute among the
attorneys as to whether the coro-
ners report bore out the inference
which Mr.. Grove had given it. With
out passing on the merits of this
point, Judge Caverly indicated that
he would not consider the question
again, but would let the report it.
self stand for the record.
81 do not think Mr.. Grove should
go any further than this report
goes" said Judge Caverly. He then
an adjournment until to-
morrow morning.
Advancing i new theory concern
ing the motive for the kidnapping
and murder of young Franks,
States Attorney Grove, in present
ing the commemorative argument
for the death penalty for Leopold
and Loeb, attacked today the
"child's compact testimony Of the
defense alieniSts.
The prosecutor made light of the
split personality" Childish com
pact and fantasies of dreamIand''
theories advanced by the defense as
mitigating circumstances. and at
tributed the murder to unnatural
influences with which your honor
has been acquainted in whispered
testimony"
He contended vigorously that
"hair-line decisions by hich-priced
alienists" as to mental condition had
no place in the hearing.
These men are nothing but
couple of pampered and spoiled
smart Alexis" he shouted
Mr.. Grove became soaked with
so vigorous was his eff
fort.
Defense attorneys challenged the
accuracy of some OF MIR. Groves in
of the testimony
II am showing that this was
crime of Intellect and not of childish
fantasy" said Mr.. Crowe~
IF Mr.. Grove goes too far I viii
stop him." said Judge Caverly.
I'VE are satisfied with that, your
honor" agreed Mr.. Darrow.
Goes in for Sarcasm
Al the start of his address today,
Mr.. Grove spoke ironically of his
tour through the nursery with the
defense alienists. his education I'M
bedtime stories" and the bad
signs" which surrounded the de-
PENDANTS"
He contended vigorously that
neither the states attorney nor the
court had the right to be lenient
above the letter and spirit of the law.
The law says he shouted, that
in cases of extreme violence the
penalty shall be death. We may for
give our personal injuries, but
neither you as judge nor l as states
attorney, has shred of right to for
give injuries to the laws which we
are sworn to defend"
Benjamin Bachrach, long time
friend of the Loeb family, completed
the argument for the defense today
with another attack upon the mode
of examinations by which the states
concluded that the two bril-
liant college youths were of normal
mentality.
He attacked also the legal eta.
tons offered in the first arguments
OF the state purporting TO sustain
the states demand for a death pen
atty. or more than a score of deci- |
sions from Illinois courts cited by
Assistant States Attorney Thomas
Marshall there is not a single case
in pOint.' Bachrach Declared