Casper Daily Tribune Newspaper, July 26, 1924, Page 1

@- at pee The Weather Mostly fair tonight and Sunday; somewhat warmer tonight in north-central por- ion. fe eee OLUME VIII. NUMBER 235. STATE WITNESS GROSS EXAMINED TODAY IN LEOPOLO-LOEB HEARING Clarence Darrow Grills Detective Sergeant Gort- land on Conversations With Young De- fendant in Murder Hearing. CHICAGO, July 26.—(By The Associated Press.) — Insinuating that the state’s testimony which credited Nathan Leopold, Jr., with a desire to plead guilty before a “friendly judge” was a fabrication; Clarence S. Darrow, chief counsel for Leopold and Richard Loeb, struck hard Che Casp Member of Audit Bureau of Circulatien: = It was the firet time since the Boys pleaded guilty to the kidnaping and murder of Robert Franks that thelr, counsel had challenged the truth of any material fact brought out by the witnesses’ summoned by Robert E. Crowe, state's attorne: James J. Gortland, detective ser- geant drew the firp of the veteran attorney for the defense. After bringing out that all other conversations betWeen the policeman and Leopold had been recored in fome way, in notes or r}oorts, but that the “friendly judge” remark had not ben put down either in writing or short hand, Mr. Darrow asked: Isn't {t true that this whole story Sf the conversation in which you sald Nathan hoped for a prison sentence hy a plea of guilty before a ‘friendly Judge’ was a pure fabrication: con: €octed for the purpose of intimidat- ing the court?’t “It 1s not,” declared Gortland. Aside from this attack’ on Gort. land's testimdny of yesterday the short session was rather perfunctory. An optician further identified the glasses folind near the culvert where Franks' body w\3 placed, as having been mde for Leopold. A railroad clerk added a bit of evidence to the chain of circum- stances which the state claims shows that the boys tried to ‘get a second ransom letter to Franks’ father by leaving it on the telegram rack of @ parlor car in a Chicago depot. today at this evidence. CHICAGO, July 26.—(By The As- sociated Press).—Counsel for Nathan Leopold Jr., and,Richard Loeb struck back at the evidence of the state to- gay. { For the first time since the open- ing of the hearing Wednesday which is to fix the penalty of the youthful Slayers of Robert Franks, a ste witness was cross-examined at lengtti by the defense. Detective Sergeant James Gort- land, who yesterday told of conver- sations with Leopold, in which the college student defendant revealed his actions to the crime he had con- fessed, was stubbornly cross ex- amined by Attorney Cjarence Dar- row as to the style of hls notes, and his experience as,a police examiner. The action of the defense counsel was in the nature of a challenge of the testimony of Gortland, in which virtually every statement in chiet Was examined to the,most minute detail. It was Gortland who yesterday, as | the state's sixty-seventh witness bé- fore Chief Justice John'R. Caverly of the criminal court, quoted Leo- pold as haking declared murder to be no crime in his code. The witness was asKed to read textually his. shorthand notes on the statement that if he decided he would prefer life imprisonment to the gallows, he would “plead guilty before a friendly judge". For a considerable timajthereafter, the cross examination centered upon the friendly conversation. Several times durifg his question- fig of the witness, Mr. Darrow con- ferred with his assdelate counsel, Benjamin Bachrach and the boy de- fendarts “listened in’ on these whis- pered consultations. It was brought out that Gortland made no mention of the “friendly judge” statement to his supetiors in official reports, although, he pef sisted, he had revealed it to Assist ant State’s Attorney Joseph Savage shortly after it was made and had talked about it with newspaper re-| porters and friends, both in Chicago fad elsewhere. After an hour's cross examination, Gortland, was. temporarily —with- drawn from the witness stand and ordered not toconverse with anyone in the court room while Jacob Weinstein: ,zeneral manager of an ptical establishment, .was céilled by the state to identify the glasses found) near the Irgad culvert which ylelded Frenks’ body. © sudden switching of witnesses was agreed upon by counsel as an accommodation to Mr Weinstein, who was waiting in the witness room. | MORE ALTENIS’ TO ATID DEFENSE CHICAGO, July 26.—(By The As sociated Press),—Dr. Wiliam J Mealy of Poston, and Dr. Benjam ' Glueck, New York allenists, were added to the staff of the defense to- day in the hearing of {Nathan Le pold, jr., and Richard Loeb,. con- fessed kidnapers and murderers of 14-year-old Robert Franks. Their presence, it was sald, presaged a hard court fight for the lives of the defendants when they have their in- nings next week. Clarence S. Darrow, chief counsel for the defense, announced that Dr. Healy is director of the Baker. foun- dation of Boston and is a specialist in juvenile delinquency. He said Dr. Glueck formerly was examining all- enist at Sing Sing, New York, and more recently attached to the 1 cipal courts in New York. He too. is active in juvenile cases. CROSS-EXAMINATION PROSPECTS DEBATED CHICAGO, uly 26.—(By The As- soclated Press)—Whether the defe: attorneys would cross-examine James Mrs. Franks on Stand By NEA Airmail Service Mrs. Jacob: Franks, ill since the murder of her fourteen-year-old son, left her sickroom for the first time when defense attorneys reopened their fight to save Nathan F. Leopold, Jr., and Rithard Loeb, the boy’! confessed slayers, from the gallows. Here she is ‘on the witness stand in Chief Justice John R, Caverly’s court. It is the first picture taken ‘of er since Robert's funeral, . er Dat MEMBER OF ASSOCIATED PRESS ee CASPER, WYO., SATURDAY, JULY 26, 1924. " FIGHT DARROW PLAYS WAITING GAME IN DEFENSE OF YOUTHFUL SLAYERS State Given Free Rein in Marshaling Evidence Against Leopold and Loeb But Stiff Fight Looms in Near Future. BY O. L. SCOTT, On Streets vor at Delivered by Carrier MURDER DEFENSE SHOWS FIRST (Copyright, 1924, Consolidated Press Assn.) CHICAGO, July 26.—The master legal strategist, Clar- ence Darrow, is playing a waiting game as the state un- folds the mass of evidence upon which it bases its demand for the lives of Richard Loeb and Nathan Leopold, Jr. He is preparing to strike telling blows at the prosecution when he unlooses the forces of the defense in the first court attempt to save these boy slayers| ingly impenetrable net around the from the gallows. stayers is only apparent. Darrow What appears to be silent ac-| has shaped the strategy of this quiescence on his part during the| final play—probably the last that me the state is tightening its seem-|Darrow will make to save the Rates on Wool West ‘‘Unreas WASHINGTON, July 26.—The | interstate commerce commission to- day denied authority to transcontin.| een tt ortee na reat nt ental lines to establish or continue | moh ir in the grease from western adjacent points mediate points | territe than from inter- to stern defined The commission held that J. Gortland, the detective sergeant, who yesterday “revealed the crime Philosophy of ‘Nathan Leopold, jr,, was the principal query bandied about this morning in advance of the Saturday short session of the hearing which is to settle the punish- ment of Leopold and Richard Loeb for the kidnaping and murder of Robert Franks. Clarence 8. Darrow, chief counsel for the young defendants, told Judge John R. Caverly just before adjourn- ment Friday, that he and his as- sociate, Benjamin and Walter Bach- rach, wished to scan Gortland’s testi- mony before deciding this point. Pré- dictions of the outcome of this’ de- fense confegence were numerous but in-conclusiv: Judge C: grist of mail from self-appointed advisers of the court was unusually heavy this morning. Like the hundreds of ‘letters, postal cardsvand telegrams which preceded them, today’s communications went into the waste basket, unopened. “I have even been called out of bed at two o'clock in the morning by ‘urgemt’ telephone calls,” dryly re- ed the judge as he tossed away the communications. : Attorneys for the defense, also Robert E. Crowe, state's attorney, the defendants and members of tlie latter families, have also been re- cipients of similar missives. Even some “mash notes’’ have reacned Leopold and Loeb. GORTLAND CALLED * BACK TO STAND. Gortland. was called back to the stand after the clerk had intoned the customary “hear ‘ye, hear ye.” Mr. Crowe said he would follow the sergeant’s cross-examinatlon with expert testimony on handwrit> ing and some photographic exhibits. (Continued on Page Six) “ —_— Pres. Coolidge Abandons His Weekly Cruise WASHINGTON, July 26.—Cooler weather, bringing to an end the heat wave/ prevalent in Washington all week, led President Coolidge to abandon today his usual week-end trip aboard the Mayflower, In favor of a week-end in Washington devoted to conferences and work lower rates’on wool !and mohair | territory of origin to north Atlantic ‘from Patific coast. terminals “andjmorts are unjust and unreasonable, IN PERSIA D Ten Perish in Mine Tragedy GATES, Pa., July 26.—The bodies|tdday. Seventy-five miners were at of 10 miners who met death last|Work when the blast came, and a night‘ when an explosion wrecked: a| CHECK of the company lst showed that 65 reached safety. section of the Gates mine of the State mine inspectors Frick Coke company, were brought|coroner have started an to the surface shortly after dawn Chief Justice and the investiga: on his notification address. Engine Ditched, Cars A RIVERTON, Wyo., July 26.—(8pe- cial to The Tribune}—A switch on the Chicago and Northwestern rail- road threequarters of a mile west of here proved to be the. parting of the ways for westbound paksenger train No. 603 at 7 o'clock last night. Leaving Riverton and gathering momentum for its run to Lander, the train was making probably 20 or 25 miles an hour when it hit the switch: The engine continued ddwn the main Of Philippi Siero D lees Dead" py COOLIDGE WASHINGTON, July 26.—Presi- lent Coolldge today rebuked as unfair, those who have condemn- ed out of hand, simply through the |device of misrepresentation” the plans of the government for observ- ance of national defense day on September 12 DAWES GOING ~ TO LINCOLN FOR SPEECH CHICAGO, July 26 General Charles G. Dé Republi- can nominee for vice president, will open his national campaign with an address at Lincoln, August 29, to an ouncement at F headquarters today. — Montana Bank Is Reopened HAVRE, Me Security State its doors January today under the County State Bank, under an ment for re-organization perfected through a deposit ssociation of which R. G. Linebarger is president. MANILA, July 26—(By The Asso- ciated Press.)—Manuel Araullo, chief Justice of the Philippine Islands} died here today. ‘The justices ‘of the supreme court are appointed by the president of the United States. ogee Control Plan Is Suspended WASHINGTON, 26.— The date ony which 42 raflroads of the country would shave been required to install automatic control systems was idefinitely suspended today by the interstate commerce commission. July — Brigadier re -Safe line and toppled over. cars behind it was diverted at the switch which had either failed be cause 6f faulty mechanism or had beerg carelessly left unlocked, and cam® properly to a stop on the spur as the result of the automatic air- brakes. With the exception of the engineer, George W. Mahoney, who was slightly scratched, none of the crew or Passengers on No, 603 was injured, The string of sree- PROTECTION OF AMER ef of the Hill) “under dog”. Out of the long ex E - perience of Darrow's is coming the legal thrusts that he is counting upon to puncture the state’s case and bring incarceration instead of death for the boys he is defending In court, as he lays the founda- and prescribed a reasonable basis of maximum joint rates. Relief under the fourth section of the interstate commeree act’ was authorized from competitive points over * ctreuitous tion for possible appeals, Darrow. is scarcely less interesting than the routes to an extent’ detailed in the decision. p Polished dandies whose lives he is trying. to save. Aging, now over sixty-seven, stooped, with thinned hair and somewhat gaunt hair, in his rather carelessly fitting clothes, this most notable of criminal law- yers offers sharp contrast to the young millionaire killers under: his care. Darrow is fighting what is expected to be his last great case, (Continued on Page Two) ICANS EMANDED IN NOTE DRAFTED BY THE U. S. Murder of Vice Consul and Insults to Americans Resented In Plans for Sending Stern Message, Report WASHINGTON, July prepared today to formal] take immediate measures that country from attacks 26.—State department officials y ask the Persian government to to protect American citizens in n and insults from natives under- stood to be hostile toward foreigners since the killing of Major Robert Imbrie, American vice consul, at Teheran and developments following that af-patches, the Persian youth grabbed fair. the veil worn by Mrs. Imbrie, at- Decision of _ the to} tempting to tear it from her and, at take this action followed receipt of! the same time expectorating upon advices from Joseph S. Kornfeld,]her person. The repotted outrage | American minister Ming of in- | was ald haye occurred at Te- sults to Mrs. Imbrie, widow of the| he last Tuesda former consul for which a young he native policeman, reported to Persian was said to be responsible. | have been some distante away from According to the minister's dis-| the place where Mrs. Imbrie | attacked but who Is belleved to FOR RUDD terfere with hér assailant, the dis- Everything has been lined up with patches sald. a full sét of trick riders and trick PHILIPPINE | BUDGET IS Soa Seca eae paner Mille sua Aun PRESENTED Allen who 1s in Chey MANILA, July 26.—cBy The As Allen, together with| sociated Press).—Governor Genera Sprague, his partner in stag-| Leonard Wood today presented to the roundup, 1s leaving Chey-|the legislature the Philippine gov. for Casper toda The men] ernment budget for 1925, including working fast to get. things in! estimated revenues of 67,161,987 readiness for the great rodeo which| pesos and estimated expenditures of they intend to hold on a sufficiently | 67,045,249 pesos, with an indicated extensive scale to sat! surplus of over 115,000 pesos. department ing | LONDON, July 26—(By the As- lated Press)—Rjenewed «forts to effect a to Germany which will launch Tawes plan on reparaticns otwithstanding the week-end holiday the leading represen of the allied governments here not relax thelr endeavors to br the deadlock which has assumed such serious proportions. An acceptable compromise, it is sald, would st!l] permit the French the 0c were being mado today compromise between the apparently |irreconeflable attitude of the French delegates to the Inter-allied confer- ence and the stand of the interna: tional financiers on guarantees for the proposed 40,000,000-pound loan ‘ The circulation of The Tribune is. greater than any other Wuoming newspaper. ly Cribune watand: 75 cent: & cents a month : Robert’s Father By NBA Airmail Service dacob Franks, Chicago millotn- aire, was the first witness called by the state in the heari: of, Nath; Leopold, Jr., and Richard Loeb, who have pleaded guilty to the murder of his son, Robert Franks. This pic- ture shows him on the witness stand. MONTANA MAN WINS BRONCHO BUSTING TITLE CHEYENNE, Wyo., July 26.— (Special to The Tribune.)—Winners ef world’s championships in the Frontier Days “Wild West" sports which ended here Friday afternoon, as established by. a painstaking “point recheck this morning, fol- low: Broncho ‘busting—-Paddy ‘Ryan, Miles. City, “Mont. Albaround —_ cowgirl—Lorena Trickey, Prineville, Ore. Steer bulldogging—Jack Krescher, Ringin, Mont. Time, 12 6-10. Woman broncho buster—Marle Gibson, Havre, Mont. . Steer roping—Fred Lowery, Fair> more, Okla. Calf roping — Herbert Okmulgee, Okla. Woman trick rider—Mabel Strick- land, Ft. Worth, Texas. Man trick rider—Buck Stuart, ‘ood, Calif. Trick and fancy roping—Chester Byers, Mulhall, Okla, Rooseyelt trophy (first half of con- test)—Paddy Ryan. « Prize winners, other than firsts, in the championship contests follow: Broncho busting>—Yakima Canutt, second: Bob Askins, third, C. R. Wil- liams and Billy Wilkinson tled for fourth. Women's broncho busting—Loretta Butler, second; Mabel Strickland, third; Prairie Lilly Allen and Ethel De Armon tied for fourth. Bulldogging—Lloyd Salloday, sec- ond; Roy Quick and Mike Hastings, tied for third. Steer roping—Beh , Johnson, sec- ond; John Judd and Clift King, tiled for third, Calf roping—Bob Crosby, second; Lee Robinson, third; Hugh Strick- lang, fourth; Rictmrd Merchant, fifth, Women's trick riding — Lorena Trickey, second; Bonnie ( vy Rose Smith, fourth Men's trick, riding—Bob Cale: ond; Shorty Bridgewater, thir Carret, fourth Men's trick and Bob Calen, second; third; Sam Garrett RAILROADERS MAY BE CITED FOR CONTEMPT CHICAGO, United States Fi Myers, fancy roping— Johnny Judd, four’ While lrond Labor board the Compromise Sou End Allied Deadlock k|ances of perfec will be hearing between the v the engine_brotherhoods it will pro veed concurrently with its contempt proceedings in the United States dis trict court against emplo: who refuse to testify ght to next the dispute tern railroads and to maint Versa time uarante the ers could offer man bonds to inve the Despite the de curred, the atmosphere of the ference negotiations is not together of a pessimistic character con ys which have ED Publication Olfices: Tribune Bldg, 216 E. Seco! ae fl. MENDENHALL OIES OF WOUND ECEIVED LATE FRIDAY IN. HOME Self-Defense Claimed by Woman Who “Beat” Husband to Gun and Fired Fatal Shot. A quarrel that started when Roy Edwin Menden- hal] went home in a drunken condition resulted in the shooting of Mendenhall by his wife at about 7 o’clock last night in the parlor of their res!- dence, 351 North Durbin street, and in Mendenhall's death from’ the wound at a local hospital at 3:25 o'clock this morning. The bullet fired from a .32 caliber revolver id aceordipg to the statement of Mrs. Mendenhall, after he had pached for the gun and had threats erfed to kill her with it, she getting possession of it first and using it jn self defense. Mendenhall was shot through the head, the bullet enter- ing the forehead leaving the skull at the rear, Blanche Mendenhall, said to have confessed to the slaying, was taken to police headquarters where she was held this morning up to the time of the inquest which was slate for 1f o'clock at*the office of county attorney. She spent the night in a condition of stupor and neryousness, unwilling to talk to anyone and.she would take no food. County Attorney E. H. Foster inter. viewed her soon after the shooting and obtained her version of how the thing had occurred. The Mendenhalis in Casper for two that time Roy have been living years. During Mendenhall. was en- ployed rug salesman, although, despite the entre, to the contrary, ing the biflk of hi is money by man: facturing whiskey “with, a stil hidden ‘in the basement of the resi dence, according to her. Mrs. Men- denhall had several times com- Plained of her husband's actions and he had been apprehended on numerous occasions by the police. Mrs. Mendenhall has usually lost heart and falled to testify against him. An Investigation by the authorities last night revealed a still securély hidden tn a cement wall of the base. ment. The greatest care had been taken to be sure that it should not be discovered. Ten gallons of moon- shine were also stored in the base- ment while the officials discovered two containers used to wear about the body for the purposes of carry: ing Mquo® without being detected. Mendenhall went home at 4:30 ‘clock yesterday afternoon after’ h been drinking considerably, a ding to the Statement of his widow. He said that he was sick and wanted her to prepare some hot water and salt. After she had done this he wanted cc © and she also complied with this re quest, but an argument his. drinking. About a week before Mendenhall had purchased a revolver. He threatened to kill his wife with this, sta might as well get you now he gun had been left! ly! on a-table. He sprang for {t but she beat him to it and fired. He fell in the center of the room. . Mre. Mendenhall says that she fired only one shot, although three cartridg were emptied arose over Nefghbors heard the report of the gun and went to the house to sec what was the matter. They foun¢d the wounded r lying in a pool bf blood and they immediately t phoned fc a ¢ t Dr F. Luckey arrived on the s te noting th ture of t in connec with the police while he did what he could to stop the flow of blood, Mendenhall was taken to the County hospital where he died later There was practically no hope for his recovery when the severity of the wound was discovered Arline Mendenhall, daughter of Mr nd M Jenhall, not v or a tion six-year-old rs, Roy Men nm an oppor. home night house at The leihalls were married in tl The: } th ving into ming to da in Lincoln si én the deceased, reside. at Brookfield, hall's parents live Mr. ar L. Mendenhall, pa | Mo. Mr Jin Lite