Evening star., 1924-08-01
DOCTOR SAYSLOEB
PLOTTED MURDER
ASFEAT Of BRAIN
White BIames Mental Condi-
ton OF "Dickie" Partly on
Nagging Governess.
TELLS OF CHILD'S LIFE
LIVED IN DREAM WORLD
Early Illness, Auto Crash. Jll-Di-
rected Studies Given as
Partial Causes.
By the Associated Press,

BY the Associated Press
CHICAGO, August 1.-The kldnap-
ing ana murder of Robert Franks
was planned as IAN intellectual feat"
on the part of Richard Loeb, accord
ing TO testimony given today in the
hearing which is to decide punish
ment for him and Nathan LeopoId.
jr., for that crime.
This revelation of Loeb's motive
came right at the end OF the morn
ing session today from DIR. william
A White. first witness for the de-
tense. whose testimony was started
after Judge Caveriy had detiniteIy
oVerruled objections by the state di-
rected against all evidence as to inc
mentality of the defendants.
Ihls ruling disposed of a question
which had been argued for two days
and which attorneys agreed constitut-
ed precedent in Illinois for receiv-
ing evidence in mitigation of punish
ment
Dr. whites testimony transformed
the companion of Leopold from Rich
ard Loeb, defendant in this case" TO
Dickie,' a child beset with phantas-
tic dreams of becoming either the
worlds greatest detective or a mas
ter mind" dominating organized enc
mics of society.
The witness called him "Dickie" and
Judge Caverly in ruling on the ad-
missibility of evidence about the
foolish governess." who drove the
boy to deceit, used the diminutive
twice himself
Arguments in Prospect.
More arguments on the admissa-
bity of the testimony of alienists
were in prospect when court opened
today.
Walter Bachrach of defense counsel
was due to finish his analysis of
cases offered by the State in it's eff
fort to bar from the record reference
to the mental state of the defendants
He had dozen or more such cases to
discuss.
Grove Plans Answer.
Robert E. Grove, States attorney.
said this morning that the prosecu-
tion would certainly reply to Mr.
Bachrach's arguments and also to the
impassioned plea with which Clarence
S Darrow, chief counsel for the de-
tense, stirred the court yesterday.
The prospect of more vocal pyro-
technics, with perhaps a momentous
legal ruling by Judge John r. Caveriy
at their conclusion, proved a magnet
for court fans. The prolongation OF
the proceedings has served only to
increase the interest of the curiosity
seekers, and this morning the queue
of would-be spectators formed on the
floor below the courtroom hours be-
fore the doors We're opened. A few
minutes after that event the court
bailiffs sent word downstairs:
That's ALL" and those who had ar
rived later than $50 were out of luch
Analysis of Cases.
I'VE have made an analysis of all
the cases cited by the State" said
Mr.. Bachrach. Except in one or two
inconsequential instances, none OF
them related to instances in which
mental disease was offered as mitiga-
tion of punishment. All were inappli-
cable to this case.
LAS this argument has progressed
1 have wondered what function there
was in the office of States attorney
that allowed him to fix the punish
ment of these defendants.
What right has he as an officer of
the law to demand what form Of
punishment should be meted out?
"It is, in fact, none of his business.
Whether defendant pleads guilty or
is convicted by jury, his function is
to inform the court by laying before
it all the facts in the case.
Duty Of Attorney.
That is his real duty. whether the
facts are favorable or unfavorable to
the defendants.
Were 1 in his place l would, in
stead, let my conscience be my guide.
and were / a judge l would want to
know every fact that ceuld be pre-
sented from either viewpoint of both
State and defense; 1 would weigh the
ponderable as well as the imponder
able
II would lay aside the rules of evil
dence," continued Mr.. Bachrach.
"They don't matter in a situation like
this. They don't matter as a fact 81
law.
This Is not a trial. 1t is a hearth
for you to determine the punishmen
to be meted out"
He quoted from Fisher on evidend
to the effect that formalities neces'
sary when a case is before jury
should be disregarded by a court in
considering punishment.
All Evidence Proper.
Everything went in that the State
desired, and properly so. When it
comes to the defense's evidence. moth
ing should be shut out, 1t requires
a distortion of the mind to say that
evidence as to the mental condition
of these boys is not a proper consid- :
Grafton in fixing the punishment. II
seems a useless thing for US to have
to stand here and argue that mental
condition like age shall not be con-
sidered in mitigation of punishment"
Mr.. Grove followed. saying the Is
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