Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-07
BOY SLAYERS SANE.
SAYS COURT, RULING
AGAINST JURY PLEA
HeaIy Testifies Diseased
Minds Brought Boys
to Crime Life

CHICAGO, Aug. 5.-By the Asso-
ciated Press Judge John r. Cav
erly this afternoon announced in
the Franks hearing that it made
no difference what definition Of
the word Insanity" was made by
alienists on the witness stand he
still would follow the rulings by the
Illinois supreme court, and again
overruled a demand by States Attor-
ney Grove for jury trial.
"These boys are presumed to be
sane" said the judge. They have
accepted responsibility and the only
thing to be determined is then
grounds for mitigation. These boys
are san SO far as this court is con-
cerned now. The supreme court has
sal it is mandatory for me to hear
any evidence in mitigation. / have
ru'ed three or four times and l will
not be continually called upon for
rulings upon this matter now that
I have decided it"
Mentally Diseased
DR.. William Healy, of Boston, sec
ond psyciatrist testifying for the
d sfense, testified today that the
crime was the direct result of
Loeb's diseased motivation and that
the observation of the youths in
the courtroom had confirmed his
opinion. from examinations that they
are mentally diseased.
Cross-examination of DR.. Healy
began by Robert E. Grove, states
attorney, seeking to bring out the
basis of a Childish compact" be-
tween Loeb and Leopold and the
hearing, upon suggestion of the de-
Tense, became silent, the witness tes-
tifying in low voice only for the
court and the stenographers.
The matter of which boy struck
the fatal blow with cold chisel
remained the puzzle of the trial
when DR.. Healy on cross-examina-
ton, after 15-minute reference to
his notes of examinations, said that
he had not been told which killed
the Franks boy and did not know.
Explains Boyhood Pact
Dr. Healy resumed his testimony
by further explaining the Childish
compact" he said yesterday Loeb
and Leopold had entered into at the
age of Is.
"The childish compact was en-
tered into apparently for the sake
of carrying out some of the childish
notions which each had and was un--
willingly acceded to in both in
stances, to certain degree any
how" said the witness.
mo doubt some think it great
deal worse than it really is
Turning to his conclusions, Dr:
Healy said that ION account OF
Loebs abnormal mental life, par
ticularly on account of his twisted
emotions, as evidenced by PATHOLOGY
cal desire for sympathy, which he
has demonstrated for years. and as
this seems to be related to his
fantasy life, all in abnormal con-
trast of his lack of sympathy for
Others and then his pathological
absence of feeling about his own
misconduct and on account of his
abnormal inner-mental life, his
pathological peculiarities from his
early childhood, on account of this
being carried over into his later
life as he grew up, on account or
his pathological split personality,
showing very normal intelligence.
Personality Split
although we may judge by his
general conduct he seems to have
demonstrated defective judgment, so
that while he shows ability and good
manners, he has pathological ten
denotes which are Numerically OPP
posite, and by every sense OF calcula-
ton likely to destroy every chance
life held out for him. His person
atty seems to split he seems TO
have no conception to fit to normal
pattern, no feeling for making his
life follow normal lines, so that he
could ever conceive the idea of set
Ting down in family life.
Seeks Crimes Originator
Cross-examination of DR.. Healy
began after he had been on the
stand five hours.
Doctor, you talk about a child
ish compact" said Mr.. Grove. 'In
that pact these boys agree to prac-
tice different forms of perversion,
didn't they?"
Childish forms, yes" replied DR..
Healy.
Judge Caverly ordered examina-
ton along that line be done private
ly.
do you know in whose mind the
crime originated did either state
which actually did it?" Mr.. Grove
asked.
mot without referring to my
notes, which would require half
hour" replied DR.. Healy.
MIR. Grove demanded that he do
so and at the same time determine
who actually committed the deed
Judge Caverly ordered a recess
while the alienist went through his
notes.
Families May Testify
The prosecution, foiled so far in
battempts to turn the hearing into a
jury trial on an insanity plea, is pre-
pairing rebuttal evidence of its own
alienists to show that the slayers
were intellectually capable of plot
ting the mental sponsibility de-
Tense theory.
Both constituencies, egotistic and
selfish, Loeb would have killed mem
| berS of his family or his counsel if
! pleasure or publicity was to be
| gained thereby and Leopold thought
he was always right and the world
was wrong, according to DR.. Healy's
! testimony. Each had peculiarities
in us mental life each arrived ar
| these pecuiiari les by different
route and each suppien erted the
others already abnormal needs in q
unique way, he said. The Franks
murder was the result of diseased
motivation, he averred.
Members of the familities of tbs
slayers may also be called upon be
fore the defense closes its case, il
| was indicated.