Perth Amboy evening news. [volume] (Perth Amboy, N.J.) 1903-1959, 1924-07-30
BOY S[AYERS'
DEFENSE OPENS
DR.. White Is Called First by
DarroW in Loeb-LeopoId
Murder Case
OBJECTION 0VERRULED
Made by State Attorney to
Testimony by Any De-
tense Alienists

CHICAGO, July 30 (By The Assoc
ciated Press).-The big legal fight
by attorneys. for Nathan Leopold, Jr.s
and Richard Loeb, confessed muir.
derers of Robert Franks, to save
them from the gal1ows. broke out in
Judge John r. Caverly's court today.
The engagement opened when
Robert e. Grove. states attorney.
after resting his own case, sought
to shut off all testimony by defense
alienists relating to the mental re-
sponsibilities of the youthful Defend
ants.
Court recessed for luncheon at
1890 p. M. with the argument un-
finished.
Grove maintained that the plea of
guilty prevented the defense from
showing any state of mind as a miti-.
cation of punishment and with htzt
assistants continued the argunnonk'
throughout the morning aensiop. oye4
though Judge Caverly said hesWou&4
overrule the objection. -
The defense told the Judge that
they had a right to show that msn-
tality had figured In the circun1-
stances of the crime, and the court
indicated that he agreed with them.
The judge said, however, IL no op-
portunity remaield dOMppproDpVeI
portunity remained for an offer of
insanity as q legal defense, that he
would not permit such testimony to
be introduced.
When the dispute reached a suuab-
bling stage, Grove said to the court:
IF you hear evidence as to insan-
ity and then sentence these men to
life imprisonment and they then ap-
peal to the supreme court will con-
fess error"
Il don't care what you gentle-
men do with the case when | get
through with IT." retorted the judge.
Frank A. Sheer was the last wit
ness for the state. He testified
merely that he took Loeb's confess
sion the night of May 80.
The defense called as its first wit
ness DIR. William Alanson White, SUI
perlntendent of st. Elizabeth's hos
pital, Washington, d. G.
Judge Caverly oyerNlled an OBJ
lection by States Attorney Robert
e. Grove to testimony by any de-
Tense alienists.
''If your honor gave these defend
ants term of years satisfactory to
them and their attorneys" argued
Mr.. Grove, "I could not appeal and
they would not. insist II this ques-
tion of insanity is raised, it is your
honor's duty to impanel jury and
determine that fact
Judge Caverly shook his head and
said "overruled," but Mr.. Grove
continued on the argument on the
legal point he had raised.
During the argument Judge Cav
erly declared that the defense would
not be perfitted to go into evidence
of insanity and demanded to know
from the state whether 1t had any
authorities to show that would pre-
vent him from hearing evidence as
to the state of mind or in mitigation.
After the argument had lasted
ninety minutes and gotten back to
the states accusation that the de-
Tense was trying to plead both sane
and insane at the same time, Walter
Bacharach suggested that IAN hour
and a half had been wasted"
mo" said Judge Caverly, at has
not been wasted. The court will take
a day and a half on this il neces-
sary."
The defendants came into the
room with their customary morning
smiles with their attorneys and -rela-
Continued on page 3D.