The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-07-31

Chicago, Ill.-The big legal fight byt
attorneys for Nathan Leopold, 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 engages
ment opened when Robert E. Cowes
states attorney after resting his own
case, sought to shut off all tests
mony of defense experts relating to
the mental responsibilities of the
youthful defendants.
He maintained that the plea Of
guilty prevented them from choosing
any state of mind as a mitigation Of
punishment and with his assistants
continued the argument throughout
the morning session, even though
Judge Caverly said he would over
rule the objection.
TIE al told the JUICE chat
they had right to show that pson-
talitv mad figured in the circumstances
Of the crime, and the court indicated
that he agreed with them.
Refuses Insanity Testimony.
The Judge said, however, that no
opportunity remained for an offer of
insanity as legal defense, and that
he would not permit such testimony
to be introduced
When the dispute reached squab-
bling stage, Mr.. Grove said to the
court:
IF you hear evidence as to insanity
and then sentence these men to life
Imprisonment and they then appeal to
the supreme court / will confess error"
81 don't care what you gentlemen
do with this case when get through
with it, retorted the judge.
Mr.. Grove in arguing asserted: II
insist when the court indicates he
is with the defense the state has a
right to argue. Has insanity justice
as a plea?'
The court answered "yes," but at. the
same time barrow and Bachrach, de-
Tense counsel, joined in mo"
Judge Advises Lawyers.
"You folks have gone off on the
wrong tangent" Judge Caverly adj
dressed the state. "They are not go-,
ing to be permitted to introduce any
testimony that they are insane. The
state is the only one saying anything
about insanity. They are going TO be
permitted to put on an insanity de-
Tense. Go ahead with your authors
ties, not as to insanity, but as to
because of state Of mind,
Go ahead as to the Illinois supreme
court"
One of the states attorneys att
tempted to cite from Blackstone and
Judge Caverly interrupted with "from
the Illinois supreme court" and the
counter was made:
"The Illinois supreme court is
founded on Blackstone"
"You can not escape it," the state
said.
"Well, we'll try to-" replied Judge
Caverly.
eff there is any question of mitiga-
ton because of insanity, then it prop
erly becomes case for jury trial."
the state persisted.
barrow Replies.
Clarence S. barrow, chief counsel
for the defense, interrupted with one
of his cool, infrequent remarks:
"The statute provides the court may
listen to anything on mitigation. The
legislature has given wide latitude.
as to mitigation because Of
condition of mind is admissible.
Thomas Marshall, indictment expert
for the states attorney, took up the
maintaining that the de-
tense was trying to give to mental
insanity and moral insanity the effect I,
in law of legal insanity. "This is a
temple of justice" he said. "A
psycopathtic asylum is something else.
Confusion only arises when the two
are brought together"
Walter Bachrach cited authorities
to prove the defense contention that
the court might exercise discretion
within range embraced all the cir
cumstances Of the defendants age,
previous good character and mental
condition. He referred the court to
the Tracey case in Nebraska, which he
said bore out this contention.
Slaycrs Show Interest.
awe had the right to show the
nsvcopathological of these defendants