New Britain herald., 1924-08-01
au rha As.oclated Press.


 
 By The Associated Press.
 Chicago, Aug. 1.-Judge John H. Caverly overruied objections by the tsttae to alenist testimony offered in mitigation as to punishment by the attorneys for Nathan Leopold. Jr., and Richard Loeb.
 The result which came after more than two court days of argument was decided victory for the defense as 1t esta ablished the right to give testi- n,ony on mental disease short of legal insa anity, mot as 8. defense, but in mitigation of punishment"
 Decision Is Momentous
 The decision was momentous In legal annals of this state as no exactly similar situation could be found by attorneys for either side in Illinois records. The field opened by today's finding was more extensive than In cases which bordered it.
 Tt is the courts duty to hear this evidence" said Judge Caverly. Tt Is not his duty to reject 1t before he had an opportunity to hear 1t.
 The objection by the state Is over ru-d"
 Dr. White on Stand.
 Immediately Dr. William A. White. slienist from Washington, D. C., took the stand and stated his professional connections, the stage where his tes- timony was interrupted Wednesday morning.
 Early in Dr. Whites testimony MT. Grove blocked efforts to bring in speculative opinions as to the infiu- ence of home environment. Judge Caverly ruled that the witness might answer only as to what he had learned about the defendants but al- lowed him to state the relative im- portance of such conditions.
 Today's Activitiues
 More arguments on the adn1issibil- ity of the testimony of alienists in the proceedings which are to deter mine the punishment of Nathan Leo- pold, Jr, and Richard Loeb for the murder of 14-year-old Robert Franks were in prospect when court opened today.
 Walter Bachrach of defense coun- sel was due to finish his analysis of cases offered by the state in its effort | to bar from the record reference to the mental state of the defendants. | He had a dozen OF more much cases | to discuss.
 Robert B. Grove, states attorney, | said this morning that the prosecu- ton would certainly reply to MT. Rachrach's argument and also to the | impassioned plea with which Clarence Darrow, chief counsel for the de- fense, stirred the court yesterday.
 The prospect of more vocal pyrotch- nics, with perhaps a momentous legal ruling by Judge Gaffney, at their con- clusion, proved a magnet for court fans. The prolongation of the pro- ceedings has served only to increase the interest of the curiosity seekers and this morning the queue of would be spectators formed on the floor be- low the court room hours before the doors were opened. Those who had arrived later than s:30 were out of luck.
 We have made an analysis of ell the eases cited by the state," said Mir. Bachrach. Except in one or two in- consequential instances, none of them related to instances in which mental disease was offered as mitigation of punishment All were inapplicable to Ihis case.
 As this argument has progressed have wondered what function there was in the office of states attorney that allowed him to fix the punish nent of these defendants" What right has he as an officer of the law. to demand what form of punishment should be meted out? Tt is in fact, none of his business. 2 defendant pleads guilty or s convicted by jury. his function is b Q inform the court by laying before s' all facts in the case. d That is his real duty, whether the a acts are favorable or unfayorable 10 o he defendants. oi
 Conscience As a Guide gl Were l in his place would, in- p tead let my conscience be my guide di nd were judge would want 10 st now every fact that could he pre- v ented from either viewpoint of both W tate and defense: would weigh the B onderable as well as the imponder- hle"
 T would lay aside the rules of evi- ence," continued Mir. Bachrach. l They don't matter in situation like B lis They don't matter as a fact of te