Newspaper Page Text
JI FOLLETTE PARTY
MAKING PLANS FOR
IWOMMN
BY ROBERT T. SMALL
(Sppeial Leased Wire to The Journal.)
(Copyright, 1924.)
NEW YORK. .July 31.—The fob
twers of Senator La Follette and
enator Wheelen, the real new sen
torial presidential oligarchy, rose
p today to remark that they, too,
re going to fight for. New York
tate in the coming election. Fur
lermore, the. progressives, as they
ill themselves now, are going to
lise funds in New York city to help
irry on their fight. It is asserted
i most positive fashion, however,
tat none of it will trickle in from
Pall Street.
State adherents of the I>a Follette
wheeler political merger are plan
ing to hold a big convention in Al
iny in about two weeks, and there
as been some talk that they might
idorso Mayor Hylan, of this city,
ho is looking for e. demand to
)me from the people that he run
>r governor against Al Smith in
>e event John W. Davis, the Dem
rratic presidential candidate, is sue
issful in getting Al to stand for a
lird term. Mr. Smith already has
irried the Democratic banner in
te state three times, twice success
lily, and is anxious to retire to
"ivate life, but national leaders of
i e.party ar einsistent that he make
stand in an effort to
the 45 votes of the Empire
ate into the Davis column.
Hylan Threatens Harmony
Mayor Hylan Is watching every
ovement made by or in behalf of
overnor Smith, and is holding out
s own threat of an independent
ndidacy as a means of discourag
g the Democrats in naming the
tvernor a fourth time. The gov
nor and the mayor love each other
<e a couple of strange bulldogs.
The Ijh. Follette-Wheeler third par
coalition might be to the liking I
the mayor, but the third party j
!ople*’themselves seem a bit dubi- I
is about the mayor. They do not '
mw whether he would stay put or :
it, and most of the spokesmen of ,
e. conglomeration of forces arrayed ;
tder the Da Follette banner are I
>sirous of putting one of their own ;
en at the head of the state ticket :
» that there will be no danger of i
tmeone running away with the
irty at crucial moment in the
impaign.
The state conference for Progres
ve political action, which is still
te name the Da Follette following
ir.g to in this state, has decided
i an active program and a full
ate ticket. There has been some
Ik that friends of Governor Smith
nong the disaffected political ele
ents gatehering under the Da Fol
tte flag may attempt to stampede
ie Progressive convention into an
dorsement of the governor for a
lird time. These elements, how
ter, are finding the same opposi
on which applies to Mayor Hylan.
nd indorsement of Al Smith, it is
•gued, might result in swallowing
) of the entire Progressive move
ent in New York and work to the
ivantage of Mr. Davis and Presi
mt Coolidge.
Progressives Spurred
The Progressives are being urged
> greater efforts by the national
aders at Washington. They are
sing told that the movement is
■owing like wildfire, the country
/er, and there is no reason why
ie flames of discontent with the
vo old parties should not be fanned
to full blaze here in the heart of
le conservative east. The Progres
ves have been Immensely pleased
ith the publicity they have been
dting and by the consideration
iven them by the Republican and
emocratic managers. The third
irty is feeding fat upon the de
unciations being heaped' upon it
id is gathering strength by the
epublican announcement that it
111 draw its support from the Dem
-rats and the Democratic state
ents that it will draw its support
•om the Republicans.
New England Republicans have
>me out with declarations that Da
ollette will get his greatest vote
mong the labor element in that
action, which is said to be nor
lally Democratic. Democrats of
ie middle country and the north
est have predicted Da Follette
ould get his greatest vote among
ie Republican farmers. The Da
'ollette people are grinning at all
its and say it is evidence of ex
•eme. discomfiture on the part of
le old line politicians.
’ounty Commissioner
From Office
By Florida Governor
TALLAHASSEE. Fla., July 31.
n executive order was issued Wed
ssday by Governor Hardee suspend
ig from office Marion F. George,
■uinty commissioner from Glades
lunty, and apopinting in his place
ecil V. Parkinson, of Moorehaven.
The suspension was recommended
v the grand jury sitting at the
all term of Glades circuit court, for
923. The order said the jury hav
ig “filed an indictment against
ie said Marion F. George for enter
ig into a contract on behalf of
aid board of county commissioners
rith a firm of which he, the said ;
Tarion F. George, was a member, '
or the construction of a bridge |
cross .Fish Eating creek in said
ounty of Glades.” .
“It further appears that the said
Tarion F. George has otherwise
>een guilty of malfeasance in the
onduct of his office as such county
ommissioner,” the order said, and
hat he was removed “from the ex
rcise of the duties of said office
•n account of the commission of a
elnny and of a misdemeanor and ■
'or malfeasance in office.”
K.
\F* Mll hi h I
MOTHER:-* Fletcher’s Castoria is a pleasant, harmless Substi
tute for Castor Oil, Paregoric, Teething Drops and Soothing
Syrups, prepared for Infants in arms and Children all ages.
To avoid imitations, always look for the signature of <
Proven direct inns on each package Physician* everywhere recommend it
THE ATLANTA TRIWEEKLY JOURNAL
OFFERED PLACE IN WEALTHIEST OF HOMES,
FARMER LAD FORCED TO LIVE IN POVERTY
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Saßly * ■/. x '
MWImI i wWr .1 ' b
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ANTI-OARWIN BILL
RECOMMENDED BF
HOUSE MMITTEt
Passage of the so-called evolution
bill, which proposes to withdraw all
state funds from any Georgia school,
college or other institution where
the Darwinian theory or any other
doctrine which has to do with the
idea that man is descended from a
lower order of life is taught; was
recommended by the house commit
tee on education at a meeting in
the Kimball House Wednesday
night.
The vote was 13 to 0, no commit
teeman voting against it, although
two —Representative Hyman, of
Washington, and Representative Cal
laway, of Putnam —opposed it from
the floor.
Representative Hyman based his
objection to the measure on the
ground that it “establishes a dan
gerous precedent to legislate on re
ligious matters and brings us dan
gerously close to the mixture of
church and state.” He said he
agreed with the bill “in principle.’’
Representative Callaway said he
favored the measure in so far as it
applied to elementary and .high
schools, but opposed it as it applied
to colleges and universities.
Callaway’s Content ion
"I question the wisdom,” he said,
“of attempting to dictate what
grown men and women shall be
taught by the professors of the uni
versities of the state. It is all right
to prohibit such teachings during
the early formative years, but I tell
you that unless you teach a child
the fundamentals of Christianity be
fore he leaves home he will never
get them. You can’t legislate them
into his life.”
He offered an amendment pro-,
posing to strike the word colleges*
from the bill, but this was over
whelmingly voted down.
Representative Pope, of Walker,
the author of the bill, appeared be
fore the coipmittee in its behalf,
declaring it to be a “damnable out
rage and a. stigma on Georgia, that
a. rotten doctrine like this should
be taught in the schools of the state.”
The representative reiterated sev
eral times that he w®s “not excited”
about the matter, but said he be
lieved “in my mothers’ Bible” and
considered it a “monstrosity that
tax-payers have to dig until it hurts
to support schools that teach a doc
trine such as this.”
Representative McCrory, of Schley,
declared he hoped “that there is no
man in Georgia who will oppose the
measure,” adding that he would be
ashamed' of it if he thought he was
descended from an ape. He said
the bill is a “William Jennings Bry
an measure,” and urged its passage.
Covington Supports Bill
Representative Covington, of Col
quitt, supported the bill, declaring
the motive behind the Loeb-Leo>-
pold murder in Chicago lay in the
teaching by schools of “just such
doctrines as this.”
“That is the reason behind this
horrible murder,” said Mr. Coving
ton, , ‘<jnd all these alienists have
missed it. We want to avoid such
things in Georgia. We want the
schools and colleges to leave our
.children alone when it comes to these
matters. It costs the state money
to hang boys like Loeb and Leo
pold.”
The representative then declared
he did not believe “that a load of
mud could by evolution get to th?
point where It could dress itself
up and run for the legislature.”
“Do you think it would have to
evolute very far?” asked Chairman
Elders, and, amid laughter. Repre
sentative Covington took his seat
without answering the question.
Several other committeemen spoke
briefly in support of the measure.
» 1 , it
Jimmy Noles, whom wealthy Chicagoans are fighting to adopt,
shown with a few of the toys that were showered upon him as the left
the hospital, and Bert Noles, his father. Below is the Noles home.
Father Clings to Son De
spite All Pleas, Seeing Ef
fort to Take His Only Pos
session
TIPTONVILLE, Tenn., July 31
The whole world, it semes, has turn
ed against Bert Noles.
Everybody is trying to take his
boy away from him.
Millions of dollars, churches, even
the courts —are aligned against the
poor, uneducated farm-hand in his
fight to keep his eight-year-old son,
Jimmy.
Jimmy Noles, whose home is a 10-
foot shack; whose bed is a pile of
rags’
The whole world, It seems, has turn
footed and hobbled along on the out
side of his ankles, but who now—
thanks to the Sunday school folks
and kindly doctors —romps around
like other kids!
Jimmy Noles, whom the nurses in
Chicago fought to wait upon, and
who for .weeks kept a big city laugh
ing and crying at things he said and
did!
Jimmy Noles, bright as a shiny
new dollar, though he never has
spent a day in school!
Jimmy Noles, whose smile poverty
and pain haven’t been able to erase!
A score of wealthy families are
asking for the chance to lay their
love and riches at his feet.
How It All Started
It was one Sunday morning more
than a year ago. The Young Peo
ple's association of the Methodist
church here discovered it would be
idle for awhile unless something,
or someone, turned up on which it
could center its philanthropic activi
ties. «
One of its 50-odd members told of
running across a little clubfooted
boy whose parents were destitute.
The class investigated. Hugh E.
Whitford, vice president, thus de
scribes Jimmy, as he found him:
“He was a ragged, dirty young
ster, surrounded by poverty of the
meanest, sort, yet cheerful in spite
of his handicap.
“He was waiting on his sick step
mother when we arrived at the
shack. She told us he could pick 75
pounds of cotton any day.”
Much persuasiqp finally gained
Bert Noles’ permission for the class
to send Jimmy to Chicago to have
his deformed feet straightened.
The Bible students raised the
money for his fare and SSO more,
bathed him, cut his shaggy hair and
decked him out from head to foot.
Dr. R. W. Griffin, of Tiptonville,
got into communication with Dr,
Ryerson, a surgeon at St. Luke's
hospital, Chicago. The Tatter offered
to treat Jimmy free.
And the boy was tagged and ac
tually addressed to the hospital and
sent on his way alone, in care of a
Pullman conductor. This was in
May, 1923.
The hospital staff fell head over
heels in love with Jimmy. The
newspapers “played’” him and his
smile.
Men and women of wealth came
to see him. Several families, right
from the start, wanted to adopt him.
lor weeks and weeks Jimmy sat
with his legs in a plaster cast.
One day a nurse was adjusting
the cast —a painful operation Jimmv
was bearing without a whimper. He
noticed the nurse was crying.
“Why are you crying,” asked
Jimmy, “when it is my feet that are
hurting?"
Last January his feet were pro
nounced cured. For the first time
tn his life. Jimmy walked like other
boys.
There was a “going out" partv for
him when he left. Nurses, doctors,
his wealthy callers loaded him down
with toys. A limousine drove him
to th? depot.
Back to Pallet of Rags
Jimmy and-his father had dropped
out of sight. But inquiries revealed
they were back in their shack near
Hickman, Fulton county, Kentucky,
just across the line.
Judge Charles D. Nugent and a
community nurse went out to see
them.
The stepmother was in the last
stages of tuberculosis. Jimmy was
sleeping on his pallet of rags in an
other corner of th? room.
The family was sent to the pom--
house. k few days later Judge
Nugent went out th<r<= with the
intention of sending Jimmy to an
orphans’ home, from which he could
be adopted.
“But 1 just couldn’t do it,” the
judge said later. “He seemed to
love his stepmother so. He waited
on her as tenderly as anybody
could.”
After the stepmother had died, the
Bible class wanted to take Jimmy
away from the poorhouse. Noles
wouldn’t let him leave. He was
afraid they would kidnap him.
The men finally took Jimmy to
Hickman. Bert Noles went, too. He
and Jimmy, all dressed up again,
spent a week at Tiptonville, the
guests of the class.
Then Bert, conscious that trouble
was brewing, took his boy to Calvin
Kelliston’s isolated farm, six miles
out of Hickman. There he is helping
Kelliston “lay by” his crop.
There the interviewer found him
watering the stock.
“Nobody’s going to take my boy
away,” he declared. “I ain’t going
to let nobody have him. He’s mine.
And he’s going to stay mine as long
as I live.
“He’s the only one I got now.”
And meanwhile, as the fight still
wages, Jimmy is having' a good time
with the old blind pony, and “Bob.”
the hound, the kittens and the little
tame ducks, while wealthy families
await opportunity to adopt and edu
cate the boy.
BASEBALL
SOUTHERN LEAGUE
Memphis .... 71 36 .664
New Orleans 6’2 48 .564
At hints 59 42 .564
Nashville 57 51 .528
Chattanooga 46 61 .130
Birmingham 44 59 .427
Little Kock .">5 73 .324
Mobile .. . . ■ 52 56 .481
NATIONAL LEAGUE
Now York til 34 .642
Cincinnati 'SO 50 .500
Chicago 55 40 .579
Pittsburg 52 41 .559
Brooklyn 51 46 .526
St. Louis 41 56 .423
Philadelphia 38 57 .400
Boston 36 60 .375
AMERICAN LEAGUE
New York 57 43 .570
Washington 56 43 .566
Detroit 55 43 .561
St. Louis 49 47 .510
Cleveland 46 53 .465
Boston 43 54 .443
Philadelphia 40 59 ,404
SALLY LEAGUE
Greenville 47 43 .522
Charlotte 56 37 .602
Asheville 47 47 .500
Augusta 56 32 .636
Macnn 26 65 .286
Greenville 46 44 .51]
Spartanburg 41 49 ’455
WEDNESDAY'S GAMES
SOUTHERN LEAGUE
\tlanta, 2-O; Chattanooga, 3 2.
Birmingham. 1-6: Little Rock, 6-9.
Mobile, 2; Memphis, 6.
New Orleans, 4-0; Nashville, 3 2.
AMERICAN LEAGUE
Philadelphia, 6: Cleveland, 5.
Boston, 6; Chicago, 7.
Washington, 7; Detroit, 4.
New York-St. Louis prstponed, rain.
NATIONAL - LEAGUE
Pittsburg. 6; New York, 3.
Chicago, 0: Brooklyn, 6.
St. Louis. 9: Philadelphia, 8,
Cincinnati, 0-3; Boston. 3-6.
SALLY LEAGUE
Macon. 1; Spartanbutg, 9.
Asheville, 1; Charlotte, 2.
Augusta, s;Greenvilie. 6.
FLORIDA STATE LEAGUE
St. Petersburg. 9; Tampa, 0.
Orlando, 0: Lakeland J 4.
Bradentown. 2; Clearwater, 4.
THURSDAYS GAMES
SOUTHERN LEAGUE
Atlanta. 4: Chattanooga, 6 (game is not
finished as the Crackers had two men on
bases nene out when the game was called
.11 first of niutlf on account of darkness*.
Birmingham, 3; Little Rock, 4 *t «t
game; second same ended in la-t ■>* third
with Litttle R<*-k leading 3-2. Will have
to be finished Fridav),
Mobile. 0; Memphis. 1.
New Orleans. 4 2; Nashville. 57.
AMERICAN LEAGUE
New York. 1-4; Sr. Lottis 2-5.
Philadelphia, 7-3: Cleveland, 3-4.
Washington. 1; Detroit, 0.
Boston, 4; Chicago. 5.
NATIONAL LEAGUE
St. Louis. 6; Philadelphia, 3.
Chi.-ago, 4: Brooklyn. 1.
Pittsburg. 5; New 'York, 0 (ealb-4 f.rst
half seventh: rainl.
Cincinnati-Boston prstponed: rain.
SALLY LEAGUE
Asheville, 6: Spartanburg. 0.
Macon, 0; Greenville, 6.
Augusta. 2: Charlotte. 6
Evening Wrap
A summer wrap .hat is quite un
usual is made of pale blue georgette
crepe trimmed with bands of antique
gold braid. Around the collar and
cuffs and edge of the sk rt pre bands
of blue marabou, clipped closely to
resemble fur.
I
DARROW ANSWERS
STATE’S ATTORNEY
IN TESTIMONY ROW
(Continued From Page 1)
ran along lines similar to the
Franks case so far, and it indicated
that alienist testin 'ay in mitiga
tion of punishment had been heard
by that court.
Judge Caverly said that in the
Pennsylvania case it was held that
a plea of guilty automatically made
the crime Second degree murder. He
said it was held that the state might
then introduce testimony to raise
the offense to first degree murder.
“Well, we have raised the offense
in this ease,” interjected Robert E.
Crowe, state’s attorney, “and un
derstand it.”
“I just wished to make that point
clear,” said the court.
Clarence S. Darrow, chief counsel
for the defense, wanted a time limit
put upon the arguments as to ad
missability of alienist testimony,
saying that cases the state thought
might parallel the present case could
be read “until doom’s day” without
progress.
Mr. Marshall insisted that the
state did not object to presentation
of alienists’ testimony as such.
“The state does not object to
alienists’s testimony if the proceed
ings are at the correct stage for re
ception of such testimony,” he ex
plained. “Lender the law, insanity
is a defense, and unless it is so of
fered alienist testimony is not ad
missable.
“Here we have on the court rec
ords a confession, meaning the high
est order of conviction, a plea of
guilty.”
Sanity Test Jury’s Job
Analyzing the present situation,
he said that the mental disease testi
mony which the defense was offer
ing was the foundation of legal in
sanity. “Legal insanity decides re
sponsibility for crime,” he said.
“First, then, they plead guilty,
acknowledge guilty responsibility,
then offer in mitigation of punish
ment testimony which tends to re
move that responsibility.”
He emphasized again that the
question of sanity is one for a jury
to determine.
“Under the offer of testimony
made by counsel,” continued Mr.
Marshall, “and accepting it at its
face value, the estimate by the de
fense that something less than in
sanity will be shown, we find that
courts have rejected evidence of
weqk-mindedness, where the de
fendant is not idiotic, lunatic or in
sane.”
“Not in Illinois,” interjected Wal
ter Bachrach, of defense counsel.
“You think not?” responded Mr.
Marshall. “Well, we don’t agree
with you.”
“All Nonsense,” Says Darrow
Mr. Marshall read further cita
tions in support of his contention
that “depravity of character and
abandoned habits are not evidence
of insanity, neither is the commis
sion of an unnatural and atrocious
crime.”
“Well, if such depravity is not an
evidence of insanity, then is it not
proper for a court to consider it
merely as mitigation of punish
ment?” asked Judge Caverly. Mr.
Crowe jumped into the argument,
saying it was “mitigation of crime
perhaps but not punishable.”
“That is all nonsense, your honor,”
said Mr. Darrow, “it is competent
to determine the effect upon the
mind of the defendant and that is
all.”
What Is Mitigation?
“Is there any mitigation in the
world?” Mr. Darrow asked Mir.
Crowe.
“Yes,” replide the proseceutor,
proceeding to explain that if a man
killed another because of a family
affair there would be mitigation.
“That’s all bosh,” said Mr. Dar
row. “That is talking about the un
written law, and there is nothing to
it here.”
The clash was precipitated when
in reading from the Alabama law
Mr. Marshall reached “an irresist
ible impulse is not a defense.” The
defense muttered from its seats that
the same did not apply in Illinois,
and the prosecution and defense dis
puted as to whether Mr. Marshall
had been asked by the defense to
read from the Illinois records a case
in which it had been held that “de
pravity of character and abandoned
habits” do not constitute insanity.
“If the defense tried to show a
depraved act, how are you going to
prove it?” asked Mr. Crowe of the
court. “Are they going to prove it
by alienists? Are they going to pro
duce some one to say, ’I saw a de
praved act committed?’ That
be hearsay and incompetent.”
Crowe’s Day on Bench
Messrs. Bachrach and Darrow ask
ed Mr. Crowe at the same time if,
when he occupied the position now
held by Judge Caverly, he had not
heard expert testimony in the case
of Thomas Fitzgerald, who attacked
and murdered Janet Wilkinson.
"I did not.” the prosecutor replied
with determination.
“Oh, yes you did,” chorused the
defense attorneys.
“I remember,” Mr. Crowe said,
“that one alienist testified about
perversity and also I remember that
Fitzgerald was found guilty of first
degree murder and hanged.”
“Yes, but you sentenced him,” re
torted Mr. Darrow.
Everybody laughed but only for
a moment.
“Proceed with your argument,”
Judge Caverly instructed the state.
Mr. Marshall read for a few mo
ments and then the court declared
a recess for “five and only five min
utes.”
Mr. Marshall went to England for
further authorities, citing a decision
renderc-d in 1860.
"Why so ancient?” suggested Mr.
Darrow.
“Well, it lays down the rule I am
interpreting,” said Mr. Marshall. “I
will now read an English decision of
1921, which is quite modern.”
The cases upheld the rule that
legal insanitj- is not a matter of de
gree, a point which the defense has
not disputed.
Mr. Marshall finished his reading
of citations when court recessed for
luncheon at 12:29 p. m.
Marshall Sums I p
Mr. Marshall, in summing up this
afternoon, said he believed that if
i the court had any doubt about the
i hearing of alienists, he should have
i gone into the matter upon tne plea
j of guilty by the youths and not
waited until after the state had its
'case in.
’ I submit that I have shown to
your honor that moral insanity has
not place at the bar,” he said. ‘‘lt
is a theoretical division of insanity
I that doctors use. It has no place in
a court of justice.”
Lot b and Leopold are t here on
conviction. Marshall said. The plea
of guilty w -s conviction, he said.
“They were warned to the conse
quences of their plea ,but if they
want to take advantage of a legal
insanity it is not now too late for
them.” said the attorney, adding
I that '' the law of Illinois yet gave
them the opportunity of trial by
jury."
I riiverse W on’t Crumble
“I understand that state’s attor
ney’s office feels the universe will
crumble unless these two hoys
hang,” sard Mr. Darrow as he rose
to reply. “I never have seen the
same enthusiasm forth? death pen
t’.ty. There have h«»n thousands of
such cases, snd there probably will
be thousands again. But I hav.e no
such opinion. If this case is like
all other cases, it ought to be tried
calmly on the facts in the case.”
"Their end is death,” said Darrow
in accusing the state of “halting at
nothin gto gain that end.”
He referred to the ftge of the cases
cited, and regarding one cited from
Alabama said under it a man could
be hanged if he had “a glimmer of
reason.”
“There is no question in the state
of Illinois but what legal insanity
means such mental disease as makes
one .unable to understand the dif
ference between right and wrong, or
destroys his power of will, what
ever that is, to choose between right
and wrong. A man may be wholly
or nearly wholly affected, yet it does
not come under the dfinition of legal
insanity in Illinois.
No Plea of Insanity
“There is no plea before your
honor that these defendants are
legally insane so that it could be
used for a defense.
“We have not said they are insane.
Mr. Crowe informed the court that
my clients were sane, making it
stronger than that, saying they were
even as sane as he.
“They have cited cases JOO years
old, bringing them from England,
where they could hang boys of seven.
We have progressed. Now we can’t
han ga boy in Illinois until he is
ten.
"They have built up a mountain
of evidence, they say, I suppose they
meant Everest, to make it big. They
have tried to confuse the court with
a preponderance of evidence. They
cannot see that law has progressed
with crime. We have learned.
“There is almost nobody who does
not know something about mental
disease. Everybody knows some
body insane. In the old days when
a man was insane they loaded him
with chains and locked him in a
dungeon.
“We now know there are humans
who go insane. We also know there
are many steps in insanity which
would not for a minute avail us of
a legal defense. A man may be very
far affected and still know right
from wrong and resist wrong and do
right and still be mentally affected.
And courts today take account of
that.
Mitigation Different
“We have a statute which says
any court may inquire into any act
of mitigation or aggravation.”
Mr. Darrow argued that a judge
before he passes a sentence on a
human being, may i’ - whether
there be mitigating circumstances.
“Youth is a mitigating circum
stance,” he declared. “We know
the dream world of a child, its in
capacities and complexes.
“These boys are minors. The law
would prevent them making con
tracts or marrying without their
parents’ consent. Why? Because
they are minors, and have not the
fully matured judgment of a man.
The reason its use would be a miti
gating circumstance would be be
cause of a state of mind, lack of
judgment, lack of discrimination
and nothing else.
“I can’ tunderstand the glib,
lighthearted careless attorneys who
here talk of hanging two young boys
just as if they were talking of a
holiday or a visit to the races.”
“I have never seen a more delib
erate effort to turn human beings
into a society of ravening- wolves
than in this case.” Darrow said.
Mercy Offer Asked
He spoke of fair play and progress
in Chicago’s courts, mentioning the
establishment of juvenile courts,
adding:
“We are sending defendants over
and over* again to psycopathic hos
pitals to find out the condition of
their minds.”
“You have been a judge a long
time. I undertake to say there is
scarcely a case where mercy has
not been asked, but we are being
talked about as if mercy never had
been asked of a court before.”
He cited a case in which a young
delivery boy had chopped up a baby.
Darrow said he called in the boy’s
teacher, alienists had a full hearing
in court, where the boy’s mind was
looked into and the judge sentenced
the boy to the penitentiary, and said
he was sorry to have to do that.
That was seven or eight years ago,
Darrow said.
Mr. Darrow proceeded to cite oth
er cases in Chicago courts in which
he said mitigation had been call
ed in.
“It is too bad that much as we
have moved in 200 years, every step
has been over the protest of law
yer,s” said Darrow, in referring Jo
the state.
Blackstone Good “In Spots”
He cited “Blackstone, which is 20G
years old, still good in spots but
only in spots.”
Mr. Darrow attacked the argu
ment of the state that if mentality
were admitted here, the case would
be reversed on appgal.
“I don’t think your honor will be
intimidated by talk of what a high
er court would do,” he said. “I think
your honor will be guided by your
own judgment and let other
courts take their own responsibili
ties on their own shoulders.” ,
He referred to Mr. Crowe’s state
ment that if the alienists’ testimony
was introduced the prosecutor would
confess error, were the case appeal
ed, and said that in a previous ease
Mr. Crowe confessed error and the
confession was disregarded.
“I am not speaking of a matter
of law, I am speaking of human
ity,” he said.
Brings Crowe in
Mr. Darrow referred to th? Fitz
gerald hanging, and reiterated that
Mr. Crowe had listened to evidence
in mitigation in that instance, al
though Fitzgerald became one of
only three men hanged in Illinois in
thirty years on pleas of guilty.
“Your honor might consider some-
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thing that I would not,” said Darrow
in arguing for admission of evidence
in mitigation. He said Mr. Crowe
had named only family trouble as a
mitigating circumstance, and pro
ceeded to name state of mind, age
and various other problematical con
ditions as proper in mitigation.
“Human sympathy, common hu
man kindness ought to count for
something,” said Mr. Darrow. “I
know this court is supposed to have
no heart, must forget all his human
experiences, that he was a boy, how
he acted as a boy, and how he fell
down in a thousand cases in trying
to meet the needs of life day by day.
“Now let’s see how this case
stands. Here is a case that will be
presented to your honor within the
meaning that these young men are
not insane according to the law. If
these boys under some circumstance
knew the difference between right
and wrong, then they were saue.
Now your honor, we could not avail
ourselves of the plea, they were in
sane. Because as our friend Mar
shall demonstrated by about a thou
sand old cases, that legal Insanity
cannot be used as a plea.
Minds Disordered, Not Crazed
“But we do not say that. We say
only that in mitigation there is a
certain mental condition that can be
used prop’erly.
“One degree of mentality means
one punishment and another degree
means another. Otherwise lhere can
be no justice in this world.
“Human judgments are uncertain
at the best. Any man carries with
him any amount of emotions and
feeling or a lack of emotions and
lack of feelings, and he needs jus
tice, and justice without mercy is
no justice.
“We find here your honor, that
these boys are mentally disordered,
but they are not legally insane.
"But counsel on the other side
claims they are absolutely rational
and therefore fit subjects for a
hanging.
“I don’t care how often the state
repeats over and over, parrot-like,
that if there is a mention of insanity
you must call a jury. There is no
precedent or law for it.
Evidence Will Prove Sanity
“We believe in this case there will
be no evidence to show that the
boys are insane in the meaning of
the law. We believe rather the evi
dence will be overwhelming that
they are sane within that meaning.”
Mr. Darrow read from a bill intro
duced in the last legislature which
would have provided that persons of
defective intelligence, defective emo
tions or defective will might be
found insane and sent to asylums as
“menaces to society.”
“All these people would have been
isolated before any crime had been
committed,” said Mr. Darrow.
The bill was passed by every vote
but one in the last legislature, and
it was then vetoed by the governor.
“The interesting part of this is
that the chairman of the committee
backing this bill was Robert Crowe,
of Cook county, and among its mem
bers was Samuel A. Ettelson, who
appears? in the court here daily as a
representative of the Franks family
and assists the prosecution in the
case.
“The crime here was a. weird, un
canny and most deplorable homi
cide,” said Mr. Darrow in conclusion.
“The condition of these boys was
such that we did not wish to go be
fore a jury with a full plea of in
sanity, such as we believe would
appeal to any court.
“Unfortunately, too, the families
of my clients are reputed to be peo
ple of great wealth. This cage has
appealed to many people with the
special appeal that people of this
rank be hanged. It is embarrassing
that it has been heralded in the
newspapers.
“But we have full faith that your
honor will hear every proper bit of
evidence and render a decision that
will save these young lives.”
Court adjourned at 4:09 for the
day.
Judge Joins in Debate
The battle over the admissibility
of the alienists’ testimony began
with the opening of the defense’s
case yesterday. Hours were spent
by prosecutors in reading from court
records of cases they considered
bearing on the question, and they
steadfastly refused to recognize any
distinction between insanity and
mental deficiency which defense at
torneys argued was n mitigating
c rcumstance.
Judge Caverly several times took
part in the discussion. He pointed
out that the state had been allowed
to introduce the testimony of 81
witnesses without hindrance by the
defense, and inquired if he would
not be subject to censure if he
should rule out all testimony as to
mentality which the defense offered
in mitigation. Another time he
asked if there was not mitigation in
murder since there are three de
grees of punishment.
After court adjourned yesterday it
was predicted at least one more
week would be required to complete
the hearing, and several additional
days will be taken by Judge Caverly
for consideration before he reaches
his decision.
Auto Theft Ring Bared
In Alleged Confession '
Os Memphis Prisoner
MEMPHIS, Tenn., July 31.—Addi
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by detectives and government agents
as a result of a confession alleged
to have been made by William B.
Barnett, said by the police to be
the head of a band of automobile
thieves, whose loot within the past
eight months is reported to have
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approximately $31,000.
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HOGS, SHS OSSI
This is an opportune time for
the farmers of Georgia to go into
the hog-raising business with prom
ises of splendid peofits, according
to a statrement given out Thursday
by J. J. Brown, commissioner of
agriculture. A large food crop is
being rased in the state, and there
is not a hog supply sufficient to con
sum tit. the commissioner pointed
out.
The statement follows:
“The June, 1924, pig survey of the
United States department of agriculture,
shows that the flood of hog production in
the corn belt, that reached its high point
in the spring pig crop of' 1923, is now
rapidly receding. A decrease of about 8.-
000,000 pigs in the 1921 spring pig crop
is indicated. A further decrease is indi
cated by a six per cent reduction in the
number of sows bred or to be bred I®
farrow this fall compared with the. num
ber farrowed last. fall. Os this general
slumps in bog production, Georgia contrib
uted her full quota.
•'Another serious condition confronts ua
as indicated by the U. S. department, nt
agriculture crop estimating bureau reports
on the present corn crop—estimated to
yield about 2,515,385,000 bushels, or 17 per
i-ent. In this case, however, Georgia is
favored, as our crop is estimated to yield
about 62,992,000 bushels, or 13,779,000
bushels more than the crop of 1923. In
addition to this we are producing a good
crop of peanuts, sweet potatoes, velvet
beans and peas.
“With our splendid crop of corn com
ing on. which is the foundation of our hog
production, and good sweet potatoes, pea
nuts. velvet beans, peas and soy beans,
all of which contribute to hog production,
it is fully apparent that, we will not have
hogs enough to consume the usual percent
age of our corn crop or that portion of
the other crops above mentioned that is
always saved b yhogs after harvesting,
and the latter will go to waste.
"Thus unfortunately situated as we are ia
not , having enough hogg to consume our
crops in the usual way, which is acknowl
edged to he the best way of marketing,
must strive in tfvery way possible to over
come same. First, we should breed every
available sow and gill. Their pigs can be
brought to marketing condition for the into
spring and slimmer trade. Next, we should
individually and collectively strive to buy all
the well-bred shoals we can take care of
from beyond the borders of our state. -Their
cost may seem high, hut when cot.sidav’ng
the enormous shortage of both hogs anti
corn in the corn belt, to wh'.ch the nation
first looks for its supply of pork, you will
readily see that the elements for bringing
about high prices will he ’n full force, and
we shall not’ be surprised to see them soar
well toward war time prices.
“In the accomplishment of the above sug
gestions tiie state bureau of markets,
through its live stock field agents, wt’i be
glad to assist everyone in the pitrclteoe cf
shoats, sows and gilts, and, as quick action
is most important, we want you io use them
in whatever way they can serve you. We
believe that in this a splendid opportunity
is open to you for the most successful mar
keting of your corn crop and the saving of
a considerable part of other crops that Will
otherwise go to waste.’’
Former fampa Chief {
Indicted in $24,000
Hold-up of Banker
TAMPA, Fla., July 30.—F. M. Wil
liams, former police chief of Tampa.,
was indicted by a county grand jury
Wednesday in connection with
the $24,000 holdup of A. C. Clewis,
local banker, several weeks ago.
Williams is charged with being an
accessory after the fact. He denied
the charge.
Indictments were also returned
against Mrs. Edith M. Conway, for
mer policewoman; R. D. Hogue, for
mer police finger print expert; C. C.
Killingsworth, former deputy sheriff:
T»d Albury, confessed driver of lhe
bandit car, and Jack White, alias
Kent, identified as the actual stick
up man. All of the indicted persons
except Williams are now in the coun
ty jail in default of $25,000 bond. A
capias for Williams’ arrest will be
issued, it is said, as soon as the
indictment is certified to the crimi
nal court.
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