Evening star., 1924-07-30
Continued from First Page.)

soI piS tesal HshL OF the proceedings
| was on.
Quotes From Law.
| Because" said Mr.. Grove, the
plea of guilty estops any plea of in
sanity. ! insist that they have no
| more right to introduce that plea
| than they have to plead guilty and
! then try to show the men were in
| California when the crime was com
mitted."
| "It is overruled." said Judge csv-
! erly.
but, your honor" said the States
attorney. 'if the court sentences
these men to term in prison. salts
| factory to them and their attorneys
the State is helpless 1t cannot ap-
peal. | would like to read the Illi-
! nols law on the subject"
| Mr. Grove read from the statutes
the enactment governing conduct of
murder trials In which insanity is
onered as defense. He pointed out
that the law provided that as soon
as the question was raised ut shall
be the duty of the court" to empanel
the fact"
Can language be more explicit."
the point where a man can plead
guilty to avoid a trial by jury? Does
| the defense here desire a trial before
| one man when they have resisted O
| tiIdi before tWelV6I
From the moment you hear evil
dence on insanity this becomes a
mock trial"
Rejects Reference. =.
The judge asked for authorities and
promptly rejected reference to the
case OF Gene Geary, Chicago gunman
| who was sent to the Chester Hospital
,or the Criminal Insane after he had
| been sentenced to death. Judge Cav
mil To he
| present case because the Leopold
| Loeb proceedings had not reached the
| stage of sentencing.
Ids listen to me moment" said
Judge Caverly. IF a defendant came
into this court without counsel and
| pleaded guilty to crime, the court
| would have the right to appoint alien
| lists to inform him whether that de-
Iendant was competent to plead guilty.
l did, in fact. adopt that very course
| IN very recent case and il resulted
in a sentence of life imprisonment.
1T is true that the counsel who
defend man would have no right
| to waive that mans constitutional
right, and this holds true right now.
l have a right to know whether these
boys were competent to plead guilty
through their counsel or on their own
volition.
Degrees OF Insanity.
There are different degrees of in
| sanity"
Not in law" interrupted Mr..
Grove.
"oh; yes, there are" rejoined Judge
Caverly, the laws Of Illinois recog-
| nize degrees Of murder and SO We must
consider degrees Of responsibility"
But under the law person either
is responsible or not responsible for
his acts" insisted Mr.. Grove. "Miti
cation goes only to facts in case.
Here is a cold-blooded murder.
without a defense, in fact, and they
try to escape the consequences by
offering a plea of insanity"
who said they are offering a plea
of insanity" said the judge. Il have
perfect right to go into the state
of defendants mind and learn what
that had to do with the circum-
stances of the crime.
Il agree that this court cannot pass
on a question of insanity, but unless
1 conclude that these men must be
insane. at which point l must impanel
a jury, / can inquire into the mental
circumstances of their acts"
I'VE are not going into the insanity
question at ALL" announced Walter
Bachrach for the defense.
Insanity as Plea.
Mr. Grove in arguing asserted: II
insist when the court indicates he is
with the defense the State has right
to argue. Has insanity Justice as
The court answered: Yes" but at
the same time Darrow and Bachrach,
defense counsel. Joined in a. No"
wrong tangent" Judge Caverly ad
dressed the State. "They are not
going to introduce any testimony that
they are insane. The State is the
only one saying anything about in
permitted to put on an insanity, de-
tense. Go ahead with your author
tiles, not as to insanity. but as to
mitigation because of state of mind.
Go ahead as to the Illinois Supreme
Court"
Tries tn Cite Blackstone.
One of the States attorneys at
tempted to cite from Blackstone and
Judge Caverly interrupted with
"From the Illinois Supreme Court"
and the counter was made correct.
The. Illinois Supreme Court is
founded on Blackstone. You cannot
escape it," the State said.
We'll. we'n try to-" replied Judge
Caverly.
"If there is any question Of mitiga.
properly becomes case for jury
trial." the State persisted.
Clarence S. Darrow, chief defense
counsel, interrupted with one of his
cool, infreQuent remarks:
Anything in Mitigation.
'"The statute provides the court
may listen to anything on mitisa-
tion. The Legislature has biven wide
latitude. Anything as to mitigation
because of condition of mind is ad-
missible."
The state proceeded to cite autheri-
any evidence of partial or general
mania Is insanity. Doctors have
given insanity many names. but in
the law we have only one, and IL there
culiarly for a jury" the State argued.
aud cited further authorities.
The Judge and the States attorney
| argued on the word "peculiarly" as 1t
was used in the authorities cited, the
judge holding it meant the case men
toned properly had been tried by a
jury, not that if it had not been the
reviewing court would have thrown
out the decision because of the lack
of that feature.
Evidence Of Insanity.
Judge Caverly at this point as
serted the defense would not be per-
mitted to present evidence OF legal
ued on the question Of presentation
of testimony in mitigation of murder.
Thomas Marshall, indictment ex-
pert for the States attorney, took up
the argument, maintaining that the
defense was trying to give mental
insanity and moral insanity the effect
| in law of legal insanity.
This is a temple Of justice" he
said. "A psyschopathic asylum is
something else. Confusion only
arises when the two are brought to-
gether."
Cites From Authorities.
Walter Bachrach cited authorities
to prove the defense contention that
| the court might exercise discretion
| within range embraced by all the
circumstances of the defendants age.
previous good character and mental