The Washington times., 1924-08-26
re PL Y I 0
BARROW
TIER
~

pert IN the matter OF punishment
:. Eympathy wells within him and
flows out to his fellow man."
Like barrow, Bachrach harket
; back to olden times when children
were executed for crimes, and thel
held up to Judge Caverly the prog
..gess that science has made in the
treatment of juvenile criminals an6
0eiinquents. n
:. He read from one ancient volume
where a little girl of seven was
burned to death for killing her mis-
tress, because the law at that time
forbade the hanging of persons un
der fourteen years Of age.
Bachrach took a dig at the
States attorneys who had cited
5nnumerable precedents In substan-
tiation of their contention that
Leopold and Loeb are fit subjects
Tor hanging.
Those cases were carefully pre-
pared for presentation to a jury
he said, land suspect they were
chosen because Of the harshness
Of. the language They commended
here for days that your honor
had even no right to hear evidence
in mitigation Of the punishment. 4"
Bachrach went back and took
mp some Of the decisions and prece-
dents used by the State in its
argument.
Some Of these, he showed, ap-
piled to a defense of homicide on
ethe ground Of -insanity-and it is
not the contention Of the defense
in this case that Nathan Leopold
-iand Richard Loeb are legally In
sane.
Bachrach mimicked the high
tenor voice of Assistant States
Attorney Thomas Marshall as he
read one case, and the. courtroom
enjoyed one Of it's rare laughs.
Loeb and Leopold laughed heart
= docs Mr.. Marshall think"
asked Bachrach, that all of the
evidence (of mental diseased we
have offered here is piffle?"
- Bachrach beat backward over
1.-THE path trod by all the defense
:attorneys-that the examination
conducted by. the States alienists
Fand in which they were found
sane and normal was brief, super
-.ficial, unscientific and inconclusive.
He particularly attacked the testi-
mony of Doctor William o. Krohn,
whom barrow described as a ped
der Of perjury and a dealer in
human blood"
Attacks States AIienists.
Doctor Krohn was the most 10.
Quacious Of all the States doc
tors. said Bachrach sarcastically.
Ellis examination might be COM
pared to the, court crier crying
. three times in stentorian tones,
mental disease, mental disease,
mental disease and no mental
disease having appeared a for
fixture was declared"
Any one in the courtroom. Bach
rach said, could have given the
same conclusions as the mental
State alienists had given-"they
merely looked at them"
Their testimony, summed up. was
that they saw no evidence Of men
tai disease"
Bachrach re-read to Judge Cav.
erly a considerable portion of the
defense alienists' findings, COM
pared their extended observation
and exhaustive analysis with the
hours observation of the two slay-
0rs by the States doctors.
Clearance barrow, the brilliant
pleader for judicial mercy. left no
doubt in his closing address that
the defense is not going to rest
upon Judge Caverly's decision-if
that decision be hanging.
Darrow's Favorite Phrase.
Mad boys" he called the nine
teen.year.old youths. %'The mad act
Of two mad boys was his favorite
phrase. 1t required again and
again throughout the three days Of
his masterfuI pleading.
mot a sane thing connected with
this crime" was another of his oft.
repeated phrases. He pictured his
clients as drifting along the border
line of plain insanity. the kind Of
insanity that the law recognizes
And If they are not even now ac-
tually across that border, he con.
tended, 1t would take but a slight
push to put them over. This push
will be supplied If Caverly rules
the rope instead Of prison.
Appeal to- the Supreme Court Of
Illinois for the appointment Of a
sanity commission is one Of the
few alternates open to Darrow and
the. Bachrach brothers.
And in the opinion of legal
authorities 1t lis the defense's "one
best bet"
barrow has a way of cheating
the. moose in apparently forlorn
cases. OF the hundreds of MUIR
derers he has defended-he always
defends, he never yet has prose
cuted--not one has yet paid the
penalty with his neck. He has
had lots of them plead guilty and
take prison sentences,
He stressed with unusual en-
phasis In his final plea to Judge
Caverly that no boy of nineteen
eyer was hanged in Cook county
on a plea Of guilty.
One youth, Tony Viani, eighteen,
q member OF the famous Cardi.
nella gang, was hanged along with
four older men four years ago.
but that was on a plea OF not
guilty.
And that boy" said barrow,
SHOULD have been singled out
from the rest. " l had been de.
tending htn re had not been
so singled out saved would
:. never have stepped foot in court
room again"
Darrow's perfect record OF mo
hangings" is responsible 20 a large
: extent for the brisk betting In
Chicago that "DiclSy" Loeb and
"Babe" Leonold will ..naver harv