Show I i N A OPENS I STATE WOULD BAR INSANITY TEST TESTIMONY ONY Crowe Rests His Case Casei Then Begins Attack Upon Defense I SHARP TALK HEARD Judge Agrees DefensE Defensa Has Right to Show i Mentality CHICAGO July R 30 30 W bIg legal fight by attorneys s for lor Na Nathan than thai Leopold Jr and RichardI Richard I Loeb conle confessed sed murderers of ot Rob Rob- Robert Roberr Robert ert err franks to sa sae save e them from Irom the tho JohnR gallowe In Judge John R n court tod today The en- en engagement en opened when hen Robert Hobert t K KI I I Crowe states state's attorney after arler rest rest- resting rest ing his own on 0 n case sought ought to S lI il oft off all testimony by defenso defense ec ex experts C o relating to the mental le- le ie or ot the youthful d de- de defendants de defendants Ho maintained that the tho plea ot of o guilty prevented them from show show- ling show show-In log an state of o mind as IlS a mitt mitt- llon ot of punishment and with aith Ith hia assistant continued the argument argumentI I throughout the morning I e en n though Judge Caverty Caverly said he h overrule o the objection I Ti defense told old the Judge that the md lId a right to show that men men men- I t men had hod figured In the circum circum- circumStances circumstances stances of the crime and the court IndIcated that he agreed nith aith Ith then theM cr The Judge said ho hoever however ever If It o opportunity remained for an offer of Insanity as a legal defense th l that he could not permit such auch te tes timon testimony to be introduced Vh When n Khe dispute reached a sq squabbling till stage Mr Ir Cro Crone Croe e said to 10 the court It Jf you hear e evidence e eIlS IlS as to and then Ihen these theao men to life Imprisonment and they then appeal to the court t k will wilt confess error I x dont don t care what ehat lou ou gentle gentle- gentlemen gentlemen n men n do with sith Ith this case when hen I X get trough with It retorted the judge r CROWD The court room tilled filled rapidly this morning to fo toi the seventh se se set ses session sion lon of tho the hearing of Nathan athan Leo Leo- Leopold Leo Leopold poid Jr and Richard Loeb Ml- Ml slayers naper 11 Ohl naper-Ohl naper ers of Robert nobert startling and events In connection with the tha states state's resting and anil the opening by bv bythe the defense Jar Far more pel pei sons eons clamored tor for admission than Ihan cout cou gain entrance under Judge JORn Jo it H erlys erly's strict Instruction that no one should be allowed to coma In after all the its sc-its ere acre Down Don Do n at the tho fIfth floor loor the floor below the longest queue of ot hearing patiently Malted lied alted aith almost lor forlorn orn hope that hale o to leave leae ind he ot of the long long- line would get that co J eted eted seat An night all rain left Itt a at at and It was hot and mug mug- muggy muggy gy In the court room AGU SILI SMILING Jacob franks father her of the slain ltd led absent from the thicourt court room but all the Iho other In- In In Interested datives l I 8 were ere In seats before court opened The defendants came camo In the room aith their customary morning smiles for their attorneys o and relatives Frank A Sheer a n shorthand re- re reporter re porter who took Loebs Loeb's confes confes- confession don sion slon was called by the state and l testified to that fact tact and the itte rested Judge Caverly Ca erly called the tho attorneys to the bench and Ith them them as to separate on the charge It de- de i de-i eloped that thus tar far the hearing had hd been confined to 10 the murder cha change e Tho The attorneys agreed that 30 mInutes ot of o formalities would jut auf suffice fice ice to dispose ot of o the In- In Indictment indictment In Indictment OPI S 1 Dr William A White Whito of Wash Wash- WashIngton Washington ington DC D C then was IlS as called tO the stand as 8 first witness for tor the He lIe was as questioned by Walter Bachrach of ot de defense tense coun coun- counsel coun- coun counsel sd sel and stated stilted his name residence ago age and profession State lour our P 1 Il experience experience said Mr Bachrach I I object nl slid cud l Mr Crowe I Why asked askel Judge Caverly and the big big- legal tight light of ot the pro pro- proceedings pro proceedings i was on Because said Mr Crowe Crow the plea of ot guilty estop an any plea of ot In- In InI Insanity insanity In I sanity I Insist that they have na no Continued on OA I Three I DEFENSE SAYS KIDNAPERS ARE MENTALLY DEFICIENT I Continued from Page Pago One more right to Introduce that plea than they have baye to plead guilty and amt then try to show the men were lii 1 California when hen tho the crime was committed It It Is overruled sold said Judge erly Ca Ca erly But your honor sold uld the states state's attorney I If the tho court sentences these thee men to a term In prison sat sat- satIsfactory sat satisfactory to them and their I attorneys nes ne the state is helpless It can can- cannot cannot can cannot not appeal I v would like to read the Illinois law on the tho subject 8 1 fi AS c K Sn d Mr read from the stat stat- statutes statutes stat statutes utes the enactment gO governing con con- conduct conduct con conduct duct of ot murder trials In which In- In Insanity Insanity In Insanity sanity Is offered as a defense lie He poInted out that tho law pro tIt that as soon a as the questionS question was S raised It thaI hhall bo be the tho duty fluty of ot the tho court to empanel a jury and lot that body determine the fact tact Can language be more explicit lit it asked Mr Croll Crone e Have wo we woI reached the point v where here a man can plead guilty guilly to 11 old a old a 0 trial nat bJ by I jur Does the defense here desire a 0 ulal before one ono man when thy they have resisted a 0 trl tn trill d 1 bel before Ore 1 12 I From the moment i ou 00 hear evl- evl evi evl evidence dence on InS this becomes a amock amock mock trial The Tho judge asked for lor authorities and promptly rejected II a n reference to tho the caio of Gene Gea Chi Chi- Chi Chicago cago eago gunman who was sent to the Chester hospital for lor th the tho l Inano after aCter he had hOod been son son- sen oen sentenced to death Judge Ca icily said salol this did not apply to the pres pros present present ent ont case cose o the Loeb Leopold-Loeb Leopold proceedIngs had hod not reached the stage stase of sentencing JUDGE J T 7 Listen to lo me a moment saId Judge Ca Ca erly It If If a I defendant come came Into this court without coun coun- coun- coun counsel eel sel and pleaded guilty to a a crIme the court would have base the tho right to appoint alienists to Inform him whether that defendant was v com corn competent competent to plead guilt I did In Intact fact adopt that very lOry ery course In a aery avery er ery recent case and It resulted In Ina ina Ina a sentence of life lIe imprisonment It It Is tl ti tius ue that the counsel ho w ho might be appointed b bv by the court to defend a 0 man would ha have hae en ii right to wah waie 0 that n m mins s constitutional constitutional right fight and this hold holds true truo right now I ha have 0 a II right to knoW whether hether these thue boS bois were competent to plead guilty through their coun coun- coun- coun counsel solar aol sel or on their own volition There Thero are different degrees of Not Not in law lav Interrupted 1 Mr 11 Cro Crow e e Oh Oh e es there thero are rejoined Judge Caverly the the laws of Illi- Illi Illinois Illi Illinois nois recognize degress degrees of murder and so we e t mu-t consider degres of responsibility But under the law a person either Is responsible or not 1 to- to le e- e for tor hi his acts Insisted Mr Cro Crono e goes only to 13 facts In aCMe a case Heie lIel e Is a cold-blooded cold mur- mur murder mur murder der without II a defense In fact act an and they try to escape the tho consequences by offering a II plea pica of Who Who said they are arc offering II ft 11 plea eo of oC Insanity said sold the judge jude i I 1 ha have a II perfect right to lo go In- In Into In Into I to the tue state of a II defendant s mind and learn what that had to do with Un the circumstances of the crime I i agree that this court can can- canot can cannot not bot ot pass on a 0 question of Insanity but unless I conclude that the these men must be bo Insane at which point I must Impanel a jur jury I can Inquire into the tho mental circum circumstances stances of their acts I I am not going Into the tho In- In In Insanity sanity question at all 1111 alter alter Bachrach for tor the defense I Mr Crowe Croe In arguing asserted I Insist when hen the court Indi Indicates cates he Is with the defense the state has hos a right to argue Ha Has insanity justice a aa a 0 a plea The court answered yes but lt at atthe the tho same time Darrow and Bach Bach- Bachrach Bachrach rach raeh defense defence counsel joined Jollied In a ano no You folks have gone off oft on th wrong rong tangent Judge Caverly ad- ad addressed ad od addressed dressed the state They rhey are not going to Introduce any testimony thit they are aro Insane The state is Id the only one saying anything abot Insanity They are not going to b be pern permitted to put on any defense Go ahead with your al- al au authorities not as 8 to Insanity bitas as to mitigation because of stats state of mind Go ahead as to the Illi- Illi Illinois Illi Illinois nois stole supreme court One Ono of the states state's attorneys s at- at at attempted tempted 1 to cite from and Judge Caverly Interrupted Ith v Ith from Irom the Illinois su supreme remo court and the counter was made The The Illinois supreme court Is b founded on Blackstone You ou cannot escape It the state saId Well well we'll try to replied Judge Caverly QUESTION or 01 It If there Is an any question of mitigation because of or Insanity then It properly becomes a II cue case for tor a II jury trial th the state Blate per per- persisted persisted per persisted Clarence S Darrow chief coun coun- counsel coun- coun counsel sel eel of o defense Interrupted ted with one of hi his cool re- re i marKS The statute provides tho the court may listen lIten to anything on mitigation mitigation mitigation tion The legislature his h- given wide latitude An as aa 8 to mitigation because of condition of mind Is admissible The Tho stAte slate proceeded to cite au- au au on moral mania assort assort- assorting assort Ing In ing that hat any evidence nce of ot partial or general mania manlo i li If Insanity Doctors Doctor have given In Insanity many names but In the law V we 0 e have only one and If it there Is ls any ques- ques question question quei tion of ot the sanity It I Is one pe- pe peculiarly pe peculiarly for tor n a n jut jury the state argued and cited further authorities tie ties The judge and anol the state attorney nov ney argued l on the word peculiar peculiar- peculiarly I ly Iy as all It was waa used In the authorities ties cited the tho jud judge 1 holding It ItI meant the case mentioned proper proper- properly properly I ly Iy has haa been tried by a 1 jury not that If It It had not bt bien b en the re- re re reviewing viewing court would have thrown out the decision because of the lack of that feature Judge erl Ca at this point as- as asserted assorted s a sorted the defense defeno would not nol be b permitted to present evidence of I legal Insanity and the th argument continued l on the question of pre pre- presentation pre pee presentation 1 mitigation of testimony In I lion tion ion of murder I CLAIMS i Thomas Indictment ex- ex ex expert pert vert tor for the state slate slates s e attorney took up the argument maintaining that I the defense was n ti h to gh ghe mental Insanity and moral Insanity the tho effect In law of legal In Insanity This This I Is a II temple of justice h said salol A 10 PS chop 88 a lum luin lumI luinis I is something else Ise lon only arises when the t two 0 ate ale brought together Welter alter Bachrach lied u d authorities authorities ties tic to prove the daen defense e conten conten- contention contention contention tion that tho the court mIght eu exerie dIscretion with ith a range embraced by all na e circumstance circumstance- of the defendant sage s age pros pro previous bus lous good character and mentA condition He referred the court to the Trace case In Nebraska which he said Mid bore out this contention We hid hd the right tn iii I how the Uto cor condition of these defendants just as us we l who have the right to show that a crime was as while the defendants were under influence of a drug The argument reached l the stage hOle it was a squabble with the theor fl or six sand and tb the court all talking at once an and the official In Leopold and Loeb leaned for for- forward forward ward tor-ward ward slightly In their chairs and In eH try e ry word ord Finally the court repented that he was as vi as not going soing to a admit any testimony at this hearing to show tho th defendants Insane hut but that ho would certainly wish Ih to know just what mitigating circum circum- circumstances circumstances stances might hae have had Iad ad an ef- ef effect ef effect fed on their actions action COURT AN At one point v when hen the argument argument argument ment wael v warm States State's Attorney Attorney Attorney ney Crow Crowe Cro e heatedly to the court It U If you her hear he ir this evidence as to and ou sentence these men mn ti 11 Ir life Im- Im Imprisonment imprisonment Im Imprisonment and Mr Ir row takes th the co case cas to the supreme court III I ii confess e CI As Mr Darrow brok broke In with No no there'd be ba nothing Judge Ca l Caei-l erl Interjected I do donot donot not care caro what vou OU gentlemen do dowhen dowhen when hen I get through I Oh Oh that's ridiculous the tho court ked wll with It asperity when Sir Mr Ir T pled Yes to the judges 8 query If It If a man comes hera her and puts on a witness who ho sa sam sau 0 this man manIs manIs manla Is Insane must I call a 1 Jury jury There I la Is no authority In the world on It It the judge further remarked I I ha hae have e a II right to listen to on any evidence e of oC mitigation said the judge After Arter I hav have hav heard It what weight I give It n m one will vili know but myself I io o not know what the defense is going to present As the state continued to cite elto authorities Mr Ir Darro sat eat nith Ith v Leopold and Loeb and the three welo wei o 0 In deep coo cons conversation erection It ended with Ith Loeb br-alting br Into one of ot hi his expansive smiles and Darrow turning his attention to th the group of oC o arguing attorneys be- be before lore be-lore tore fore the bar The reading of o decisions from Irom other states which Mr hEr Marshall Offered a as aa in point settled Into a drone WATCHES AnTI ARTIST T Jacob ranks l-ranks father of the tho thebo bo who had como Into Inlo court late temporarily lost Interest in inthe inthe ini the case and watched a sketch artist Jacob Loeb uncle of the de- de defendant defendant de defendant appeared to fallow th the argument with Ith Interest but S SAllen Allen Alien Loeb brothel of Dick and Leopold s father and brother kept kepl their e ties es on the prisoners onen rath rath- rath- rath rathor rather er or than the group group roup bel before ore the bench Spectators lot lost In the mare mae of legal lore spent their time gossiping In low tones and watching tho the newspaper photographers photographers raphers 1 take snapshots of ol the court scene A rearrangement of ot seats scats which brought the defense attorneys attorneys attorneys nearer the witness stand operated also to place States State's At- At Attorney Attorney At Attorney torney Crowe within a few lew Inches of Loeb s elbow v Mr Ir Cro Cron Crone e and Mi JlII Darrow gossiped a bit in on an undertone but Loeb and ond Leopold go gase 10 no Indication of the near presence of their |