Evening star., 1924-08-11
STATE HITS BACK
At GLAND DEFENSE
Disputes Claim That Func-
tionaI Disorders Caused
Staying of Franks.
REBUTTAL NOW AT HAND
Alienist Had Testified Various
Bodily Disorders Affected
Minds.
REBUTTAL NOW At HAND
BY the Associated Press.

By the Associated Press.
CHICAGO, August 1.-THE State to-
day attacked the theory of functional
disorders of the endocrine glands set up
Saturday by the defense in its plea for
mitigation of punishment of Richard
Loeb and Nathan F. Leopold, jr., for
kidnapping and numbering Bobby Franks.
The idea of functional disorders of
the endocrine glands was built up by
direct testimony of Dr. H s. Hubert of
Chicago, fourth defense alienist, who
used X-ray pictures to illustrate what
he termed various glandular disorders,
noting the thyroid, pineal, pituitary and
adrenals.
Function of Gland.
Robert E. Grove, States attorney,
upon cross-examination, asked DR..
Hubert for information as to the
function of the pineal gland, and, told
it regulated the balance of the other
endocrine glands, asked if it weie
not a fact that medical men as a
group know practically nothing of
the function of the pineal gland, and
some question its being gland at all.
He received an affirmative reply.
Mr.. Grove sought to impeach the
testimony of DR.. Hubert by bring
ing out that the mental patholosist
had been too busy" to make SOM
of his numerous tests and had relied
on the words of others. The witness
testified that he never had in many
murder cases made such extensive
examinations and tests as in the
present one.
Mr.. Groves delving into the en-
docrine gland theory was cut short
by the noon recess. 1t was indicated
that the defense would rest it's case
with the testimony of DR.. Hubert
and that late this afternoon the State
would begin presentation of it's many
rebuttal witnesses, including four alien
lists.
Defense Near End.
The defense's plea for mitigation
in the Franks hearing was near COM
pletion, when Judge John r. Caverly
began the seventeenth days session
today. Prospects were that the pros
ecution would begin calling it's long
list of rebuttal witnesses before ad-
journment. Allan Loeb and Foreman
Leopold, brothers, respectively, of
Richard Loeb and Nathan F. Leopold,
jr., the kidnapers-m s-murderers Of young
Robert Franks, were among the
three or four lay witnesses the de-
fense had in reserve to offer after
completion of testimony by DR.. II S.
Hubert, fourth and last of the de-
fense's alienists.
DR.. Hubert Friday and Saturday
testified along the lines of the three
alienists that preceded him-that
Loeb and Leopold are mentally sick,
the point of the defense's plea for
mitigation in the punishment of the
youthful murderers.
Huge crowds swarmed about the
criminal courts building again this
morning.
Was Mentally Diseased.
DR.. Hubert testified, under ques-
tioning by Walter Bachrach of the
defense, that on the day Bobby
Franks was kidnapped and murdered,
Nathan Leopold was mentally di-
seased"; that due to his constitution
and habit of life" because he was
Intellectually over-developed, his body
not well balance nor in a healthy
state, and his judgment immature, I
conclude he was mentally diseased"
HIS emotions were SO slight in re-
lation to the ordinary things of life
that in relation to judgement they
permitted him to act in an abnormal
way.
These conditions had a great effect
in causing the homicide. He was sus-
ceptible to suggestion of anything,
proper or otherwise, from associates
1t caused him to Cooperate with his
associates. The mental disease would
not have caused him alone to carry
out the homicide. It caused him to
ignore the ordinary restraint that
ordinary individuals impose of them
selves because of duty to society. 1t
caused him to Justify his own actions
so that he was not critical Of them.
without this mental diseased condi.
tion he could not have committed the
homicide.
Condition Of Loeh.
1.-THE mental condition Of Loeb on
that date was a direct factor in that
he was impelled by motives nourished
in his subconsciouS mind. His judg-
ment was childish and not subject to
restraint His collegiate education
was not a factor in this. His reading
in childhood was a factor. His judE-
ments are immature, and he had only
an academic idea Of what he owed
society. His mental condition, based
on his constitution and mental state,
is direct cause OF the homicide"
could Loeb have committed the
homicide IL not for his diseased men
CONTINUED on Page .. Column 2.
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