The Birmingham age-herald., 1924-08-13
'SLAYERS SANE, !. STATE ALIENIST
 TELLS CAVERLY Neither Shows Indication Of Mental Disorder,
 Patrick Declares LAW PROFESSOR
 LAUDS BRILLIANCY Leopold Best Student In Class, Declares E. w.
 PutkeInmer
By H. H. ROBERTSON (Leased Wire to Age.Herald)

s CHICAGO, Aug. 12.-Medi- cal science became an agency of retribution against Nathan IF. Leopold, IT,, and Richard Loeb late Monday when States Attorney Robert E, Grove launched into his final effort to send the two 19-year- old youths to the gallows for the murder of 14-year-old Robert Franks.
 Just as the defense earlier had used eminent alienists in an attempt to convince Justice John R. Caverly that the two rich mems sons were mentally diseased, the victims of fam tasies and mind disorders, so the state has adopted similar tactics to tear down the cream-gIand testimony off, fered to mitigate punishment.
 shortly after Clarence s. Darrow announced that the defense had finished presentation of testimony, Grove put Dr. Hugh T. Patrick, noted neurolo- gist, and former president of the Amer ican Neurological association, on the stand. .#5z5.sss
 Replying to q series of questions, pr. 1satrick said s.ss < U. &
 Both DesIared Sane
 From my observation of and ques- tioning of Nathan x. Leopold, IT,, and Richard Loeb, I am conveniced that neither shows any indications whatever of any mental disease or disorder"
 The physieian's testimony precipitat- ed a series of objections by defense counsel and the doctor was not able to get much further. Fifteen minutes before court adjourned until Wednes- day morning, the prosecution put hy- pothetical question up to the witness. In substance the state asked whether from certain physical characteristics which the defense had introduced as bearing on the defendants condition, he would say that Loeb and Leopold were insane.
 Walter Bachrach and Darrow inter- posed a series of objections on the ground that such question should include the whole substance of the teS- tim0ny offered by defense physicians and the proceedings ended for the day in a maze of argument between oppos- ing counsel.
 Justice Caverly finally ruled that the state would ask a hypothetical ques- tion and that the doctor might answer 1t, providing all the facts testified to by defense physicians concerning the physical and mental condition of Loeb and Leopold were included. He direct ed Grove to have such question ready at the opening of court Wednesday.
 First State Alienlst
 Dr. Patrick was the first alienist to be placed on the stand in rebuttal by the state.
 In the closing moments of the de- fense, Darrow sprang a surprise by re- calling Dr. Fl. s. Hubert. Grove ear Her in the day had sought to compel the witness to admit that shadows on X-ray photographs which he said show ed calcification of the pineal gland of Nathan F. Leopold, Jr., merely were thumb prints.
 Just before the noon recess Grove had obtained subpoena duces tecum for all film copies which were made of these X-ray pictures by the persons who took them. The physician testi- fled that these copies, too, showed the same shadows indicating pineal calci- fication, which meant, the doctor said, that one of the most important glands affecting the youth, had ceased to func- tion. This, according to the physi- clan, was one of the contributing fac tors to the Franks murder.
 The first rebuttal witness was Law renee Cune0, Crowe's private secre-
 (COntinued On Page TwO.)