Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-07-31
COURT DENIES JURY
AS GROVE OPPOSES
SANITY TESTIMONY
Holds Defense Not Offering
Insanity Plea Through
AIienist Reports

by attorneys for Nathan Leopold, I
Jr., and Richard Loeb, confessed
murderers of Robert Franks, to save
them from the gallows. broke out
in Judge John r. Caverly's court
today.
The engagement opened when Rob
ert E. Grove, states attorney, aft
er resting his own case, sought to
shut off all testimony by defense
experts relating to the mental re-
sponsibilities Of the youthful de-
PENDANTS.
He maintained that the plea, OF
guilty prevented them from showing
any state of mind as a mitigation Of
punis hment and with his assistants
continued the argument throughout
the morning session, even though
Judge Caverly said he would over
rule the objection.
The defense told the judge that
they had a right to show that men.
tally had figured in the circum-
stances of the crime, and the court
indicated that he agreed with them.
i The judge said, however. that no
opportunity remained for an offer Of
insanity as a legal defense, then he
would not permit such testimony to
be introduced.
DIR. William Alanson White, de-
| ~..,A ti0y1 fIty an N
stand, waiting for the court to de-
eide finally whether, he could testi-
fly, but court recessed for luncheon
at 1890 p. m. with the argument
unfinished.
Courtroom Filled
The courtroom filled rapidly for
the seventh session, expecting star
Ting and dramatic events in connec-
ton with the opening by the defense.
Court opened at 1905 a. m.
An all-night rain left a sultry
| atmosphere and It was hot and
muggy in the courtroom.
Jacob Franks, father of the slain
lad, was absent from the courtroom
but all the other interested relatives
were in their seats.
Frank A. Sheer was the last wit
ness for the state. He testified mere1
ly that h. took Loeb's confessions
the night of May 80.
i The defense called DIR. White as
4 its first wieness.
Judge Caverly called the attorI
neys to the bench and consulted
with them as to separate hearings
on the kidnapping charge. It devel5
oped that thus far the hearing had
technically been confined to the
| murderfcharSe. The attorneys agreed
that 80 minutes of formalities would
suffice to dispose of the kidnapping
| Indictment.
DR.. White was questioned by
Walter Bachrach.
Estate your professional ex.
perience, said Mr.. Bachrach.
81 object" said Mr.. Grove. -
"Wny?" asked Judge Caverly, and
the big legal fight of the proceed
1ngs was on.
Because" said Mr.. Grove, 4the
plea of guilty estops any plea of in.
sanity. l insist that they have. no
more right to introduce that plea
than they have to plead guilty and
then try to show the men were in
California when the crime was com.
mitted.''
ut is overruled," said Judge Ca
verify.
State Is Helpless
But your honor" said the states
| attorney, eff the court sentences
these men to term in prison, sat
| 1stactOry to them and their attor-
neys, the state is helpless. 1 can
not appeal. / would like to read
the Illinois law on the subject"
Mr. Grove read from the statutes
the enactment governing conduct of
murder trials in which insanity is
offered as a defense. He pointed out
that the law provided that as soon
! as the question was raised sit shall
be the duty of the court" to empanel
jury and let that body determine
the fact.
Can language be more explicit?"
asked Mr.. Grove. "Have we reach
! ed the point where man can plead
guilty to avoid a trial by jury? Does
the defense here desire a trial be-
fore one man when they have re-
sisted a trial before twelve?
From the moment you hear evil
dence on insanity, this becomes q
mock trial"
The judge asked for authorities
and promptly rejected reference to
the case of a Chicago gunman who
was scent to a hospital for the GRIM
inal insane after he had been SEN
! fenced to death.
Would Quiz Reporters
The reports Of the experts find .
ings in their examinations of the
! youths may be made public and pub
Hshed today, the defense has stated,
| since several have already been
! printed in morning newspaper.
Defense attorneys who claim the
| publications were unauthorized
asked Judge Caverly if reporters
could be summoned to explain where
they got the reports.
Judge Caverly said he had not
even read the published reports.
Il am not trying to please any
body" he was quoted as saying later.
Il could not if l would. ! could not
! please all by sentencing the boys to
hang. l could not please all by CIV
ing them life imprisonment nor
sending them to an insane asylum.
81 will take all the evidence in
! this case, lock myself up as / would
lock up q jury, and consider it I'M
| til l have arrived at a decision. I
will do what / think is right, re-
| CARELESS Of what anybody else
| thinks"
The judge continues to receive
| thousands Of letters regarding the
! hearing.
Judge CaVerly sale this did not ap-
ply to the present case because the
! Leopold proceedings had not
reached the stage of sentencing.
| States Courts View
Listen " me moment" said
| Judge Caverly. "If a defendant
came into this court without counsel
| and pleaded guilty to a crime, the