Evening star., 1924-08-28
Caverly Takes Case for
Study and Will Pass Sen
tence on September 10.
PROSECUTORS REMARKS
SCORED AS "COWARDLY"
Public Will Be Barred From Final
Session When Boys Learn
Their Fate.
By the Associated Press

By the Associated Press
CHICAGO. August 2S-After por-
tfons of the closing argument Of Rob
ert T.. Grove, States attorney, had
been stricken out by Judge John r.
CaVerly as a "cowardly, dastardly at
tack upon the integrity of this court
and an attempt to intimidate it." the
court took under advisement today
the penalty which he must decide for
Nathan Leopold. jr., and Richard
Loeb, confessed kidnapers and mur-
derers of Robert Franks
The remarks of the court came out
of clear sky and startled the crowded
courtroom into shocked silence.
Mr.. Groves jaw dropped and he
blanched visibly under the judicial
broadside.
Your Honor, / had he began.
but the judge interrupted him.
THE States attorney knew full
well that his remarks would be her
aided far and wide" the court said.
He knew, too, that the court would
have no opportunity to reply or de-
fend himself from criticisms except
by the action he has taken.
The judge then read prepared state
ment, and at its conclusion announced
he would give his decision September
10 at 80 ain. unless illness pre-
vents.
Only the defendants, the attorneys
for both sides, court attaches and
newspaper men will be admitted 10
the final scene in the famous case.
Reference to Money.
The court did not state specifically
what portions of Mr.. Groves remarks
aroused his ire. 1t was recalled, how
ever. that the States attorney had re-
ferred to possible outbreaks if the
death penalty were not imposed. and
; had emphasized the possible power OF
money in the courts and the wealth
| of the defendants
Just before the argument closed Mr.
! Grove also made a defense of the tes-
! timony by James Cortland, one of his
| staff detectives, that Leopold had eX-
| pressed a hope to escape the death
penalty by pleading guilty before d
! friendly judge" This had been de-
nounced by Mr.. Darrow as perjury"
i and when Mr.. Grove defended it the
! court asked the stenographers to give
him a special copy of that statement.
None of the attorneys in the case
would comment after the proceedings
| were over. Clarence w. Darrow. Ben
| jamin and Walter Bachrach. the de-
| fense leaders, said it would be i'm
| proper. and Mr.. Grove remarked
! merely that he had been talking
| three days"
The stenographic report of the con-
Guiding scene was as follows:
Mr.. CroWe-The State rests.
| The court-Before the State rests in
the other case the court will order
! stricken from the record the closing
! remarks of the States Attorney as be-
! ing cowardly and dastardly assault
upon the integrity of this court.
Mr.. Crowe-It was not so intended.
! your honor.
The court-And it could not be
| used for any other purpose except to
incite mob and to try to intimidate
this court. 1t will be stricken from
! the record.
Denies Such Intent.
Mr.. Crowe-If your Honor please,
| the States attorney had no such in
tention.
The Court-We will go OH
Mr.. Crowe-I merely want to put
my personal feeling plainly before
the court. 1t was not the intention
of the States attorney.
The Court-The States attorney
knew that it would be heralded all
through tnlS country anu oil over,
this world and he knows the court
hasn't an opportunity except to do
what he did. 1t was not the proper
thing to do.
Mr.. Crowe-It was not the inten-
tom.
The Court-This court will not be
intimidated by anybody at any time
or place as long as he occupies this
position.
-lo f~ Iat
I will settle this case. gentlemen. l
want to say there has been Il great
deal of criticism about the conduct
of this case; some Of il from people
who know TO better: some from those
who should know better.
Delays of Justice.
I'VE have been criticized about the
delays of justice. The court has been
criticized because after plea of
guilty he permitted evidence to be
heard and We have been criticized
because of the length of time it takes
for an execution after the court
passes judgment.
Permit me to say, with reference
to the delays of justice, that this trial
is one of the speediest trials of
criminal case ever heard in Cook
County in which the state has asked
the death penalty.
And this could not have been done
if it had not been for the able man
ner in which the states attorney of
this county investigated and prepared
his case and was ready to go to trial
when called
THE defense are to be commended
because they made no attempt to de-
lay the trial.
No Delay in Trial.
THE murder was committed on
May 81, exactly two months before
the trial started, The defendants
were arrested on May 81. 10 days
after the murder. indicted within
short time therefor and within
six weeks of the day of the indict-
ment this case was on trial.
80 that it cannot be truthfully
said that their weilth or families
had anything to do with the delay
in this case, because there was no
delay.
There were "a murder indictments
for murders committed in 1924, be-
tween January l and May 81 that
have not yet been tried, and 20 of
them are held without bail in the
County Jail of Cook County.
ITO those who criticize the court
for listening to testimony after the
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