The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-07-26
MURDER HELD
NO CRIME IN
LEOPOLD CODE?
So Quoted BY Police Officer
Who Is Put on Stand Dur
ing the Hearing
DARROW IN ACTION
Lawyer Cross Examines Po-
lice Officer on "Friendly
Judge" Statement

Chicago, July 26.-Insinuating
that the states testimony which
credited Nathan Leopold Jr. with
a desire to plead guilty before a
friendly Judge" was a fabrication,
Clarence Darrow, chief counsel for
Leopold and Richard Loeb, struck
hard today at this evidence.
1t was the first time since the
boys pleaded guilty to the kidnap-
irg and murder of Robert Franks
that their counsel had challenged
the truth CT any material fact
brought out by the witnesses sum-
noned by Robert f. Grove, states
attorney.
For the first time since the open
ing of the hearing on Wednesday,
which is to fix the penalty for the
youthful slayers of Franks, state
witness was cross-examined at
length by the defense.
Detective Sergeant James Gort-
land, who yesterday told of con-
versations with Leopold in which
the college student defendant, re-
vealed his reaction to the crime he
confessed, was stubbornly cross
examined by Attorney Darrow as
to the style of his notes and his
experience as police examiner.
The action'cf the defense was in
the nature of a challenge of the
testimony of Cortland, in which
virtually every statement in chief
was examined in the most minute
detail.
1t was Cortland who, yesterday
as the states 9th witness before
Chief Justice John r. Caverly OF
the criminal court, who quoted
Leopold as having declared murder
to- be no crime in his code.
Add Two Alienists
As the fourth days session be-
gan it was learned that the defense
had added to it's staff of alienists
two eastern experts noted for their
work in juvenile delinquency.
The witness was asked to read
textually his shorthand notes or
thu statement that if he. decided he
would prefer life Imprisonment te
the gallows, he would "plead gull.
ty before friendly Judge"
For a considerable time there.
after, the cross-examination cent.
cred on the friendly Judge conver'
sation.
Several times during his ques.
tioning of the witness Mr.. Darrow
conferred with his associate coun'
sci, Benjamin Bachrach, and the
boy defendants listened in" or
these whispered consultations.
After an hours cross-examina.
ton Cortland was temporarily
withdrawn from the witness stano
and ordered not to converse with
anyone in the courtroom while ia.
cob Weinstein, general manager OF
an optical establishment, was callee
by the state to identify the glasses
found near the railroad culvert
which yielded Franks body.
The sudden switching of witness.
es was agreed on by counsel as ar
accommodation to Mr.. Weinstein
who was waiting in the witness
room.
Identifies Glasses
Weinstein identified the glasses
presented by the state as cores.
ponding to the Identification called
for ION job envelope" on which
appeared the name of Nathan Leo
pold Jr.
"Now, Mr.. Officer" Mr.. Darrow
concluded in cross examining
Cortland, after he resumed the
stand, "Don't you know this story
Of your talk about friendly judge
is aapure fabrication for the pur.
pose Of intimidating the court"
1T is not" was the response.