oc-plain-dealer 1924-09-10

BOY SLAYERS GET LIFE TERM Continued from page one not called to the bar as is customary in such cases, nor was the usual formula—"have you anything to say why sentence should not be pronounced against you,"—gone thru with. The entire procedure took less than ten minutes and twenty minutes after the case was called the courtroom was devoid of the crowd which for the first time in the history of the case was permitted to stand during the official session. Today more than a score of persons—balliffs, photographers and newspapers—were clustered about the bench so that it was hardly possible for even the defendants to see the judge. He read rapidly and clearly but his words were almost lost in the shuffle of the courtroom. Loeb's father and mother were not present. Miles away at their summer home at Charvevolx they were awaiting word of the verdict by telephone. A doctor's order which warned them that death would surely come if they attempted to brave the strain of those few brief minutes in court kept them from their side. Jacob Franks, father of little Robert Franks who sat silent and forlorn throughout the long days of the trial also was absent. CRIMINAL COURT, CHICAGO, Sept. 10.—Imprisonment for life. Nathan F. Leopold, Jr., and Richard A. Loeb, the gay young collegians who kidnapped little Robert Franks, mashed his head in with a cold chisel and stuffed his lifeless body into a drain pipe, today were sentenced to spend the remainder of their natural lives behind the walls of the Illinois state penitentiary at Joliet in explication of that crime. They also were sentenced to terms of 99 years in the penitentiary on the kidnapping charge accepted as equally applicable to the case of kidnaping for ransom. In addition a prima facie case was made out for the kidnaping case as well. The testimony introduced both by the prosecution and the defense has been as detailed and elaborate as tho the case had been tried before a jury. It has been given the widest publicity and the public is so familiar with all its phases that it would serve nouseful purpose to re-state or analyze the evidence. By pleading guilty the defendants have admitted legal responsibility for their acts; the testimony has satisfied the court that the case is not one in which it would have been possible to set up successfully the defense of insanity, as insanity is defined and understood by the established law of this state for the purpose of the administration of criminal justice. "The court, however, feels impelled to dwell briefly on the mass of data produced as to the physical, mental and moral condition of the two defendants. They have been shown in essential respects to be abnormal, had they been normal they would not have committed the crime. It is beyond the province of this court as it is beyond the capacity of human science in its present state of development, to predict ultimate responsibility for human sets. "At the same time, the court is willing to recognize that the careful analysis made of the life history of the defendants and of their present mental, emotional and ethical condition, has been of extreme interest and is a valuable contribution to criminology. And yet the court feels strongly that similar analysis made of other persons accused of crime, would probably reveal similar or different abnormalities. The value of such tests seems to lie in their applicability to crime and criminals in general. Since they concern the broad questions of human responsibility and legal punishment and are in no wise peculiar to these individual defendants, they may be deserving of legislative but not judicial con- CRIMINAL COURT, CHICAGO, Sept. 10.—Imprisonment for life. Nathan F. Leopold, jr., and Richard A. Loeb, the gay young collegians who kidnapped little Robert Franka, mashed his head in with a cold chisel and stuffed his lifeless body into a drain pipe, today were sentenced to spend the remainder of their natural lives behind the walls of the Illinois state penitentiary at Joliet in explication of that crime. They also were sentenced to terms of 99 years in the penitentiary on the kidnaping charge. The text of Judge Caverly's decision: "In view of the profound and unusual interest that this case has aroused, not only in this community, but in the entire country and even beyond its boundaries, the court feels it his duty to state the reasons which have led him to the decision he has reached. "It is not uncommon that pleas of guilty are entered in criminal cases, but almost without exception in the past such pleas have been the result of a virtual agreement between the defendant and the state's attorney whereby, in consideration of the pleas, the state's attorney consents to recommend to the court a sentence deemed appropriate by him and in the absence of special reasons to the contrary it is the practice of the court to follow such recommendation. In the present case the situation is a different one. A plea of guilt has been entered by the defense without a previous understanding with the prosecution and without any knowledge whatever on its part. Moreover, the plea of guilty did not in this particular case, as it usually does render the task of the prosecution easier by substituting admission of guilt for a possibly difficult and uncertain chain of proof. Here the state was in possession, not only of the essential, substantiating facts, but also of voluntary confessions on the part of the defendants. The plea of guilty, therefore, does not make a special case in favor of the defendants. Since both of the cases, that namely of murder and that of kidnapping for ransom, were of a character which vested the court with discretion as to the extent of the punishment, it became his duty under the statute to examine witnesses as to the aggravation and mitigation of the offense. This duty has been fully met. By consent of counsel for the state and for the defendants, the testimony in the murder case has been ac- The entire train, condemned when a Central Philadelphia to New York Four persons were killed. TRIO OF SLAYER'S ASK NEW TR LOS ANGELES, Sept. 14 appeals of three men convict will be heard on gument before the state court here next Monday. Francisco Cascade, Fran Cann and D. B. Hoffman, new trials. OUT IN FIRST ROUND LOS ANGELES, Sept. 14 Scoring two knockdowns first round, Bert Colima, nia middleweight, won fr Sage of Detroit here just now. LOCAL COMMUNITY Your Country Calls:— The President of patriotic American elite Friday, September 12th. This is not a mistake; the war department to and to explain to the means by which the de- in case of National emThis is not a part race, creed, politics or and all are urged to celebration to be held City Park in Anaheim. Let all citizens for and be American citizen in your mind. Turn out war department is try by the constitution of fense Act of June 4th, navy and marine corps same government to a honor and privilege off cratic army on earth, for the upholding of our That Nation is Jew, Republican, Demanding and prospering in ed by the Constitution defended by the men we so long as the flag is enough with yourself to how your War Department and to ward off the day. As an American accept the Stars and Stripes be present Sept. 12th. Under the plea of guilty, the duty of determining the punishment devolves upon the court and the law indicates no rule or policy for the guidance of his discretion. In reaching his decision the court would have welcomed the counsel and support of others. In some states the legislature in its wisdom has provided for a bench of three judges to determine the penalty in cases such as this. Nevertheless, the court is willing to meet his responsibilities. It would going away for a True Vacation Cool, restful "vacation days" beckon you to your favorite beach or mountain resort. Kely upon Southern Pacific to aid you in going wherever you want to go. Low roundtrip vacation farms make several resorts available to you instead of only one. For courteous, accurate railroad information communicate with Southern Pacific District Manager D. G. MALZBY Santa Ana and Los Angeles Sts. Phone 123 In the penitentiary for life or any term not less than five years. "Under the plea of guilty, the duty of determining the punishment devolves upon the court and the law indicates no rule or policy for the guidance of his discretion. In reaching his decision the court would have welcomed the counsel and support of others. In some states the legislature in its wisdom has provided for a bench of three judges to determine the penalty in cases such as this. Nevertheless, the court is willing to meet his responsibilities. It would have been the path of least resistance to impose the extreme penalty of the law. In choosing imprisonment instead of death, the court is moved chiefly by the consideration of the age of the defendants, boys of 18, and 19 years. It is not for the court to say that he will not in any case enforce capital punishment as an alternative but the court believes that it is within province to decline to impose the sentence of death on persons who are not of full age. "This determination appears to be in accordance with the progress of criminal law all over the world and with the dictates of enlightened humanity. More than that, it seems to be in accordance with the precedents hitherto observed in this state. The records of Illinois show only two cases of minors who were put to death by legal process—to which number the court does not feel inclined to make an addition. "Life imprisonment may not, at the moment, strike the public imagination as forebly as would death by hanging; but to the offenders, particularly of the type they are, the prolonged suffering of years of confinement may well be a severer form of retribution and expiation. "The court feels it proper to add a final word concerning the effect of the parole law upon the punishment of these defendants. In the case of such atrocious crimes it is entirely within the discretion of the department of public welfare never to admit these defendants to parole. To such a policy, the court urges them strictly to adhere. If this course is persevered in, the punishment of these defendants will both satisfy the ends of justice and safeguard the interests." "I therefore am P. Leopold Four Killed When Train Smashes Into Motor Truck and Is Wrecked The entire train, consisting of locomotive and seven cars, was derailed, when a Central R. R. of New Jersey express, bound from Philadelphia to New York, struck a motor truck at Cranford, N. J. Four persons were killed and thirty injured. RIO OF SLAYERS ASK NEW TRIALS LOS ANGELES, Sept. 10.—The wrecks of three men convicted of SOUTHERN CITY VOTES ON BONDS SAN DIEGO, Sept. 10. — San Diego voters went to the polls LAUNCH DRIVE AGAINST PEKING SHANGHAI, Sept. 10—Private advises received at Chekiang headquarters this afternoon declared that Chang Tso Lin, Manchurian war lord, would open his heralded attack on Wu Pei Fu, Chihuit military leader, at Shan-Kalkuan today or tomorrow. Shan-Halkuan is the terminal of the Great Wall of China and a port on the Gulf of Liaotung. It is on the Mukden railroad and the logical base for Chang's expected drive for Peking. Heavy fighting was in progress in the Hung Tu sector, the Chekiang forces continuing their offense movement against the Kiang Su troops. The Chekiang soldiers are receiving printed leaflets signed by Mashal Chang Tso Lin, war lord of Manchuria, urging them to be courageous and asserting that he is now marching six armies of 6,000 men against Peking. Foreigners have been forbidden to enter the zone of fighting without passes. There has been no disorder in the foreign settlements. Barbed wire barricades have been erected across all the roads leading into the foreign settlement as a measure of safety. Fighting on all fronts died off appreciably tonight. Only 74 wounded arrived from the front today. The Kiang Su forces apparently are awaiting reinforcements before attempting another push toward Shanghai, whilst the Chekiang forces are strengthening their defensive positions. PEKING, Sept. 10.—Reports were received here today that a revolt had broken out in Urgua, Monengla, among "young Mongolians" backed by Soviet Russia and that the revolutionists have imprisoned all foreigners including several Americans. FULLERTON JEFF FALLS ILL ONLY ONE Judge William Freeman of the peace of Fullerton ship, and Fullerton Co., was reported imprisoned after an apparent attack on stroke which last night as he and two more down town second stroke, the first more severe. The Judge fell to walk, striking his fist the window frame of store, receiving a alley thought his condemned dangerous. He had turned from nearly the leave of absence to hope of regaining his freedom. The entire train, consisting of locomotive and seven cars, was derailed, when a Central R. R. of New Jersey express, bound from Philadelphia to New York, struck a motor truck at Cranford, N. J. Your persons were killed and thirty injured. RIO OF SLAYERS ASK NEW TRIALS LOS ANGELES, Sept. 10.—The appeals of three men convicted of murder will be heard on oral argument before the state supreme court here next Monday. Francisca Cascade, Frank Mcann and D. B. Hoffman, all seek new trials. OUT IN FIRST BOUND LOS ANGELES, Sept. 10.—Corning two knockdowns in the first round, Bert Colima, California middleweight, won from Bobage of Detroit here last night. SOUTHERN CITY VOTES ON BONDS SAN DIEGO, Sept. 10. — San Diego voters went to the polls again today, this time to decide on the issuance of $4,475,000 bonds for water front and harbor development. A light vote was expected. Your Willie's weight is two-O-eight; Eliminate His chocolate. Plain Dealer Classified Ads produce results. Try this medium. LOCAL COMMITTEE CALLS ON PUBLIC Your Country Calls:— The President of the United States asks that every loyal patriotic American citizen observe National Defense Test Day, Friday, September 12th. This is not a military pageant, but a day set aside by the war department to check up on the defense of the Nation, and to explain to the citizens of this country, plans for and means by which the defense of the Nation may be carried out in case of National emergency. This is not a partisan affair. It recognizes neither class, race, creed, politics or color, but is for patriotic Americans, and all are urged to participate in the parade and patriotic celebration to be held immediately after the parade at the City Park in Anaheim. Let all citizens for the day lay aside petty disagreements, and be American citizens with the Nation's welfare uppermost in your mind. Turn out when the time comes to hear how the war department is trying to protect the country, as required by the constitution of the United States and the National Defense Act of June 4th, 1920. We will look to the same army, navy and marine corps to defend us. We pay taxes to the same government to support our Defense, and we have the honor and privilege of belonging to the best and most demo-cratic army on earth, have and are willing to offer our lives for the upholding of our Nation's honor and ideals. That Nation is you, Mr. Protestant, Mr. Catholic, Mr. Jew, Republican, Democrat or whatever you are. You are living and prospering in the United States of America. Defended by the Constitution of the United States, which is in turn defended by the men who are not afraid of suffering or death so long as the flag is not violated, so be patriotic and honest enough with yourself to join in our affair that day, and learn how your War Department plans to prepare to defend you, and to ward off the day when your sons may be called to arms. As an American citizen, who knows no dividing line except the Stars and Stripes, I have invited you, Mr. Citizen, to be present Sept. 12th. RAYMOND E. SMITH, 1st Lieutenant 364 U. S Inf. Chairman Anaheim Defense Day Committee UBBY If Runt Keeps this Date He'll Miss the Party By WINNER PEKING, Sept. 10.—Reports were received here today that a revolt had broken out in Urgun, Mongolia, among "young Mongolians" backed by Soviet Russia and that the revolutionists have imprisoned all foreigners including several Americans. Fears are felt here for the safety of Roy Chapman Andrews, leader of the Aslastic exploration expedition who is now at Urgura arranging for his next trip into the Gobi desert where he last year discovered invaluable dinosaur eggs. The American legation advises from the rival Cheklinang and Kiang Su naval commanders say that they will not engage in battle in waters adjacent to Shanghai, where foreigners might be imperiled. Eleven American, nine other foreign warships are now anchored off Shanghai. GOVERNOR HUNT SHOWS BIG LEAF PHOENIX, Ariz., Sept. 10.—Governor Hunt is running away from the field in his race for the Democratic nomination for governor, according to incomplete return from yesterday's primary election received here late today. The latest figures five Hunt 13,686; Osborne 6,500 and Samuel 4,400. On the Republican side Dwight Heard was leading Thomas Maddock by a few votes. Heard's total showing was 4,091 against 4,050 for Maddock. COLUMBIA, S. C., Sept. 10.—Cole Blease's lead over Congressman J. P. Byrnes in their race for the U.S. senate had been cut down to 1,728 votes at noon today as returns from yesterday's second Democratic primary were tabuiated. With only 40 boxes missing the count stock; Blease 97,682; Byrnes 95,954. SUES FOR INJury LOS ANGELES, Sept. 10.—Charging he was permanently injured in an explosion at the plant of the Webster Engineering Co., A. L. Eichar brot suit here today against the company seeking $51,000 damages. Plain Dealer Classified Ads produce results. Try this medium. New St That embody the many innovations charming new deter sleeve treatment, hemlines new au a wide and varie Fall Procks. You will find the Charmeuse Satins, cloths, and all man $19.50-$22 UBBY If Runt Keeps this Date He'll Miss the Party By WINNER HEY TUBBY, WHADDAYATHINK? JANE JONES AST ME TO HER PARTY GEE, IT WON'T DO TO LET RUNT KNOW SHE DIDN'T INVITE ME SAY I BETCHA THIS IS GONNA BE A SWELL PARTY ALL RIGHT. DONTCHA THINK SO, TUB? OH BOY AINT IT THOUGH, I BET ITS GONNA BE THE SWELLEST PARTY THERE EVER WAS YOU BET! SAY, LET'S ME AN YOU GO TO IT TOGETHER. I'll MEET YOU DOWN BY THE DRUG STORE SORE, THAT'S A GOOD IDEA-THEN WE WON'T BE THE ONLY FELLOWS THERE WHEN WE GET TO HER HOUSE, WHAT TIME WILL YOU BE AT THE DRUG STORE? I'll BE THERE A 3 O'CLOCK ON THE DOT - WHEN SHE STRIKES THREE, YOU'LL SEE ME THERE ALLRIGHT, THAT'S A GOOD TIME AN' PLACE TO MEET—I WON'T BE NEAR THERE. ANY TIME THE DAY OF THE PARTY FULLERTON JUDGE FALLS. III ON WALK Judge William French, justice of the peace of Fullerton township, and Fullerton City Record, was reported improving today after an apparent slight paralytic stroke which attacked him last night as he and Mrs. Frencn work down town. This is the second stroke, the first one being more severe. The Judge fell to the sidewalk, striking his face against the window frame of the Porter store, receiving a slight cut. It is thought his condition is not dangerous. He had recently returned from nearly three months leave of absence taken in the hope of regaining his health. STOCK BUYERS PAY UP Ninety certificates for stock in the Community Industrial Land Co. have been issued, it was announced today at the offices of the Anahemln C. of C., which met their pledges and paid for means that 90 subscribers have their stock in fall. TABLE PAVING PROBLEM SANTA ANA, Sept. 10.—Paving the highway at St. Gertrude's and St. Andrews' place in the south part of the city was continued by the board of supervisors in session today. The matter of the highway has been the subject of a controversy between the lot owners and the subdividers. GOV. GEN. WOOD TO COME IN DECEMBER MANILA, Sept. 10.—Governor General Leonard Wood announced this afternoon that he will leave for the United States early in December to testify before congress on Philippine affairs. PRIMARY FOR BLEASE COLUMBIA, S. C., Sept. 10.—Former Governor Cole L. Blease was nominated as the Democratic candidate for the U.S. senate in yesterday's primary, according to incomplete returns today. Please's majority over Congressman James F. Byrnes is expected to total at least 3000. BEATS SELF, AVOWS LAUNDRY OWNER LOS ANGELES, Sept. 10.—ing at the point of death in a hospital here, Joseph Domeq, wealthy Los Angeles laundry owner, found with a crushed skull in the garage of his home, presented police today with one of the most unusual cases on record. According to the authorities, Domeq beat himself into unconsciousness with a hammer in a suicide attempt. He smashed his head in six places, making two deep depressions on the back of his skull, police asserted. Try a Classified Ad for results. CHICHESTER S PILLS THE DIAMOND BRAND LAST MEMORIAL HOME FOR SALE TABLE FOR SALE TABLE FOR SALE Fall Fashions New Frock Styles That embody the Fall style, features—many innovations in the silhouette, many charming new details, subtle changes in sleeve treatment, different positions in hemlines, new autumnal colorings, offer a wide and varied choice in these new Fall Frocks. You will find the newest fabrics here—Charmeuse Satins, Hengeline, the new cloths, and all manner of novelty weaves. $19.50-$29.50-$55.00 The Season's Smartest Coats The coat comes into its own this season—and you will find in this collection the smartest that the mode has to offer. Every new material, every new silhouette, every new trimming, every new color. Coats for sports, for day time, for dress occasions. Each appears in a number of interesting versions, so that even the most critical taste and difficult figure will find a perfect coat here. High-pile fabrics or twills. Fur-trimmed or otherwise. Tailored or ornamented. But all moderately priced. $29.50, $39.50 to $127.00 NEW FOOTWEAR SETS The Pace of Smartness Graceful shoes make graceful feet, and from these, you will be able to select footwear of graceful line and fashionable design. Some are altogether unadorned, like the opera pumps. Others make use of cut-out patterns, straps, or ornamental buckles for trimming. Developed in calfskin, patent, suede or satin, and priced most moderately. DRESS GOODS A costume, or a suit, coat or wrap to be successful, must needs be of the newest fabrics. These dress goods enter upon a new season of triumph, bringing with them many novel weaves and colors, which will be a source of great inspiration. Dress Trimmings Many ingenious ideas for contrasts and individuality may be achieved from our complete Fall Collection of trimmings. WOMEN'S HANDBAGS It all depends on the point of view and the need, whether a handbag is large, small or medium—whether it is a flat envelope on under the arm bar, or a pouch or small vanity. But all the newest in handbags are here for your immediate choice. BLOUSES Blousedom is simply invaded with a host of delightful new styles, and never were new ideas more charming or popular. The overblouse with many subtle changes, the tunic mode—are effectively represented in the new displays. $7.50--$9.95--$18.50 Autumn's New Arrivals MILK HOSIER 1.00 to $3.00 The S.Q.R. Store