Evening Star Newspaper, July 31, 1924, Page 5

RUSSIAAWATS OVEBY JAPAN Resumption of Negotiations Depends on Setting Date for Leaving Saghalien. By the Associated Press. PEKING, July 31.—The resumption of negotiations between Russia and Japan depends upon Japan's willing- ness to evacuate northern Saghalien on a definite date, according to L. M. et representative here. claim a monopoly that territory, or he here of Japan on the new Russia recently adopt- 1ese cabinet han added, could get or elsewhere a general e Soviet rep- icatic Premier policy towa be the first! t was the | fons. mot difference lies. the Japa- conc. ‘the and Japan Kenkichi Yoshizawa inister to China, w d by his government to carry on negotiations, agree on evacuation, han said, except regarding the is new policy »d on the rn Saghalien, nce the mas- Japanese at turn for oil that terri- licy also_included Soviet Russia, it was sal U. S. DEMANDS MET IN FULL BY PERSIA (Con m First Page.) of a statement by | He | ho was dele- | : {lunatic or % | _“Not in CROWE’S OWN CASE USED AGAINST HIM IN LEGAL DISPUTE (Continued from First Page.) might parallel the present case could be read “until doomsday” without progress. Mr. Marshall insisted that the State dia not object to presentation of allenists’ testimony as such. Insanity a Defense. “The State does not object to alien- ists’ testimony if the proccedings are at the correct stage for reception of such testimony,” he explained. “Un- der the law insanity is 2 defense, and uniess it is so offered alienist testi- mony is not admissible. “Here we have on the court rec- ords-a confession, meaning the high- est order of conviction, a plea of guil » 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, said. “First, then, they plead guilty, ac- knowledged guilty responsibility, then offer in mitigation of punish- ment testimony which tends to re- move that responsibility.” Quertion for Jury. He emphasized again that the ques- tion of sanity is one for a jury to determine. “Under the offer of testimony made : counsel,” continued Mr. Marshall, accepting it at its face vaiue, the mate by the defense that some- |thing less than insanity will be |snown, we find that courts have re | jected evidence of weak-mindednes | where the defendant is not idiotic, U * interjected Walter Bachrach of defense counsel. You think not?" responded Mr. Mar- |s “Well, we don't agree with % Mr. Marshall read further citations in support of his contention that “de- |pravity of character and abandoned habits are not evidence of insanity, either is the commission of an un- natural and atrocious ne.” 'Well, such depravity i evidence of {nsanity, then it roper for a court to consider as mitigation of punishmen | €d Judge Caverly. iIr. Crowe jumped |into the argument, saving it was mit- igation of crime, perhaps, but not not an not as to « v government. The regards this as unequivocal good P of the American 1t and requests vour ex- to be good enough to com- 5s and appreciation thorities of your great Gov- | e course of m fal_govern efforts ir the persons ed the kill- it will not take any kind of steps Tp to the pres- of the govern object has pro Many of the were either suspected or of committing the ss of the class n been arrested participated will s t of the vigorous efforts ‘of nment. be appre- hended and culprits will receive t after their trial. in necessary to the assurance perial government is ex- esirous of repairing the ioned regrettable incident. Honors Are Promised. icial status of , the Persian vith' the sugges- - United States Govern- the body of Mr. Imbrie be 18 its transpor- Persian government d ship the re- to a Persian man-of- ed one. But in- to do so, it 3 dispatch of an n-of-war to receive the already been writing as to nment's desire to widow of the of rly, the Persian considered, citizen offici. gove and s assurance esitate to rout say- honorable legatior - the guards of the egation and consulates wili ed Principles to Be Respected. beg to advise vour excel- fact that the imperiai has always made, and it in the future, an essen- respect the principles of law and the treaty on e relations of the two gov- t. I am hopeful that in gcod will of the two par- imperial government's e to repair the incident and that are suggested ain no ground whatever on the part of the Government.” AMERICAN CITIZENS SAFE IN PERSIA, U. S. ADVISED Minister Kornfeld Says Govern- ment Has Given Assurances. Teheran Tranguil. American citizens in Persia are safe, the Persian government has assured Joseph H. Kornfeld, American Minis- ter at Teheran, according to a_dis- patch received tod at the State The dispatch, made pub- & Secretary Grew. said: “The government has given assur- ances as to the sa of American citizens. Teheran is under martial law and perfectly tranqu The lcast disturbance in the provinces will use martial law to be proclaimed re also While the department’s announce- ment made no reference to the in- structions cabled to Minister Korn- feld covering the murder of Vice “onsul Robert Imbrie and the sub- equent attack upon his widow, Mrs. atherin G._Imbrie, it was understood e Persian government had omplied with the suggestions made v the American Minister at the di- ection of the department. '00-Degree Heat In Capital Puts Trio in Hospital which soared th A temperature yesterday above the 100-degree mark in the downtown section sent three persons to the hospital with beat prostration. A threaten- ing, clouded sky today brought welcome relief to the sweltering populace. Mrs. Alma Welch, 24, 813% Eighth street northeast, who was overcome by heat while at Fifth and G strests, was able to leave the hospital last night. Ruth Deibel, 16, 3400 Twenty- second street northeast, was over- come in a department store, and Stephen Kelly, 1214 Kirby street, ‘was stricken at Thirteenth and E streets. - Both - received -treatment , at Emergency Hospital, aud were - discharged later in the day. American | American | | high-backed, i punishment. { _“That is all, vour horor,” said Mr. |Darrow. “It is competent to deter- {mine the effect upon the mind of the & ndant and that s all.” Possible Mitigation. [ “Is there any mitigation in the | woria?” Mr. Darrow asked Mr. Crowe. ves," replied the prosecutor, pro- | ceeding to explain that if a man | killed another because of a family fair there would be mitigation “That's all bosh,” said ir. Darrow. “That is talking about the unwritten |law. and there is nothing o it here.” | The clash was precipitated ! reading from the Alaba: | Marshall reached “an irr | pulse is not a defense.” t | muttered from its seats that the s { did not apply in 1llinois, and the pros | ecution and defense disputed as to | whether Mr. Marshall had been asked ! by the de.ense to read from the Illi- nois records a ich it had been held that “depravity of chara | ter and abandoned habits” do not con- “If the defense tried to show a de- praved act how are vou going to rove it?' asked Mr. Crowe of the | court. *“Are they going to prove it | oy allenists? Are they going to pro- duce some one to say ‘I saw a de- | praved act committed” That would | be_hearsay and incompetent.” Messrs. Bachrach and Darrow asked Mr. Crowe at the same t:me if, when { he occupled the position now held by | Judge Caverly, he had not heard ex- { pert testimony in the case of Thomas | Fitzgerald, who attacked and mur- dered Janet Wilkinson. i Denies Preccdent. “I ¢id not,” the prosecutor replied { with Getermination. | | “Onh, yes, you did,” chorused the de- fense attorneys. “I remember,” Mr. Crowe said, “that | one alienist testified about perversity {and also 1 remember that Fitzgerald was found guilty of first-degree mur- der and hanged. “Yes, but you sentenced him,” torted Mr. Darrow. Everybody laughed, but only for a moment. “Proceed with your argument,” Judge Caverly instructed the State. Court Calls Recess. Mr. Marshall read for a few moments and then the court declared a recess for “fve. and only five, minutes.” After the recess photographers who had pressed forward in the Interesting minutes just preceding the interval were rebuked by 2 bafliff at the in- stance of Judge Caverly ‘Wouldn't you like to et up here?” the bailiff said, pointing to a space at the judge's immediate right. Dr. White, who all the time had been on the witness stand, moved down to the floor after the recess, finding it somewhat more comfort- able there than it had been in the straight chair in witness box he had occupied all of vesterday as well as today. He had been in the chair 5 hours and 45 min- utes. Mr. Marshall took into ‘the realm of “Irresistible im- pulse,” holding that it was not rec- ognized in law as an excuse for crime. If such impulse was given as an evi. dence of “mental disease,” he argued, it became “moral insanity,” which Wwas not “recognized as an indepen- dent mental state. Judge Caverly had him repeat legal quotations of that point. “Mental disease, functionals in na- ture,” were placed in the same cate- gory as “impulse” in Mr. Marshall's argument. He read a Pennsylvania decision in support of this point. Mr. Marshall emphasized the case of Peopie vs. Finley, 38 Michigan, 483. - 'ery one who is non-compos men- tis is irresponsible,” he read. “One who indulges that convenient form of insanity which lasts just long enough to permit commission of a crime is just as responsible as a drunken man. The law has no theories on insanity. It holds responsible every one who is compos mentis.” He also cited from People vs. Mc- Carty, 115 California, 255, the follow- ing: “In law there is no distinction be- tween moral insanity and mental de- rangement as an excuse for crime.” Cites English Case. Mr. Marshall went to England for turther authorities, citin i rendered in 1360 .3 decielon “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 insanity is not a matter of degree, a point which the defense has not dis- puted. Mr. Marshall finished his reading of citations when court recessed for luncheon at 12:29 p.m. Cut in Opera Salaries Urged. DRESDEN, July 3L—A movement has been started in Germany to limit the salaries of opera stars and stage celebrities generally. Vigorous pro- tests here and elsewhere have been filed against the high prices of the- ater seats which, the managers con- fend, have been made necessary be. cause of the large salaries demanded by artists before they will appear. [sumle insanity. re- his argument Summer Rates HOTEL INN Phone Main 8108-8100. 604-610 9th St. N.W. 37 Tooms, 38 weekly: §10.50. 38 o, 5D par G ATh the | ALIENISTS HOPELESSLY DIVIDED By Conmolidated Press. CHICAGO, July 31.—The futility of mental examinations by partisan psychiatrists is once more shown by the diametrically opposed theories spun about the minds of Chicago's notorious killers, Dick Loeb and “Babe” Leopold, by prosecution and defense alienists, local barristers as- sert. Judge Caverly, by determining to admit testimony of mental experts, has opened the way for the airing of colorful, tenuous findings of phan- tasies, day dreams and apparitions that defense alienists argue, made these boy slayers irresponeible and alienists for the prosecution claim to be mere bunk. Theories Fit Contentions. Here is a clear-cut case, members of the local bar say, where a pon- partisan alienist commission might function to give a competent, un- biased report, where now the find- |ings would seem to show that they were drawn particularly to uphold contentions of one side or the other. early a dozen alienists retained by the defense are going before the court to tell of perverted, twisted mentalities that made these boys in- teliectual wizards and irresponsible degenerates at the same time. They all agree to mental aberrations that ON MINDS OF FRANKS’ SLAYERS Find Boys Responsible or Not as Suits Cause They Represent—TFutility of Whole System Demonstrated. are but the wild day dreamings of mentally overdeveloped boys who have allowed forbidden subjects to lodge in their receptive minds. Such is the State theory. Loeb Held Master. That of the defense psychiatrists marks the iwo boys as intellectual giants, but emotional and moral de- generates. Unrestrained mentally by a strong moral fiber they turned to perversion. Loeb is pictured as_the master mind of the combination, Leo- pold the willing slave. Both are ad- mittedly legally sane, but both are claimed to be {rresponsible for their acts because of pathological conditions of their minds. From diametrically opposed posi- tions of equally eminent psychiatrists, those of the defense unanimously agreed, and those of the prosecution unanimously agreed, Judge Caverly with the lives of two boys resting in his hands, must determine which give the correct analysis. Attorney Clarence S. Darrow, for the defense, on the opening day of the trial, made a proposal that might have opened the way for a clearer presentation of the case to Judge Caverly, and laid a precedent in trials where questions of mental responsi- bility are all important. He sug- gested a conference of allenists for both sides, with a complete investi- gation and a joint report which both would support. This plan the State immediately quashed. It is from some such method that ] alienists, will be outlined as reason for miti- gation of punishment. Arnd at the same time, Dr. Willlam O. Krohn, spokesman for the half-dozen ate alienists, stands by his analysis hat sets Loeb and Leopold up as a pair of ordinary “smart aleks,” rich youths without appreciation of their obligations, who should have had severe moral training in youth. No Great Deviations. No fantastic Dr. Jek¥1l and Mr. Hyde minds were noted by any of the State althouzh ~ found freely by psychiatrists for the defense. Peculiar aits in the boys, Dr. Krohn finds, are ut the normal characterists which ark one individual from another, giv- ing no indication of a prolonged devia- tion from normal behavior which would render them mentally unbalanced.” Precocious the killers are, worldly wise far bevond their years, with imaginings those of any youths which ake their minds run away from bet- ter judgment, while their phantasies the local bar looks for an eventual settlement of the increasingly im- portant question of mental responsi- bility in murder trials. —_— ‘PICKWICK’ BRINGS $7,000 LONDON, July 31.—The record price of $7,000 was paid at an auction re- cently for the first issue of the first edition of “Pickwick,” in the original numbers and wrappers, brought out in 1836-37. There was keen compe- tition from American collectors, but the copy was secured by a Lon- doner. After keen bidding against Ameri- can buyers, another Englishman se- cured a first edition copy of “Gray's Elegy,” printed in 1751, for $7,750: The copy contains six pages and was considered by the original collector to be incomparable. TENNESSEE READY FOR PRIMARY RACE By the Assoeiated Press. NASHVILLE, Tenn., July 31.—Quali- fled voters of Tennessee will on Au- gust 7 cast their ballots for the can- didate of thelr choice in two State primaries, a judicial election and lo- cal primaries in the various counties. Both Democrats and Republicans will stage primary elections for State offices. Two members of the Su- preme Court, Judge W. L. Cook of Charlotte and Judge A. W. Chambliss of Chattanooga, and two Court of Ap- peals justices, Judge Arthur Crown- over of Winchester and Judge R. A. Davis of Athens, all appointed to office due to vacancies during the resent administration of Gov. eay, are to be votcd upon. There is no opposition-in the court races. Governor Opposed. Gov. Austin Peay, rounding out the last _months of his first administra- tion, i a cagdidate for renomina- tion, seeking a return to the guber- natorial chair on his program of ad- ministration reforms, tax equaliza- tion and economy of administration. He is opposed on the Democratic ticket by Judge John R. Neal of Knoxville, former law professor at the University of Tennessee. Five candidates for the governor- ship on the Republican ticket were qualified with Joe Brown of Chatta- nooga, chairman of the State Repub- lican ' committee. They are P. H. Thach of Hamilton County, T. F. Peck of Monroe County, formerly commissioner of agriculture; former Gov. A. A. Taylor, Carter County: Walter White of Rhea County and W. N. Beasley of Shelby County. A heated campaign has been under way for_weeks for the seat in the United States Senate now held by Senator John K. Shields of Knoxville, Senator Shields, a candidate to suc- ceed himself on ‘the Democratic side, being one of three Democrats seeking the ‘honor. The other- candidates qualified are Judge Nathan L. Bach- man of Chattanooga and Gen. L. D. Tyson of Knoxville. Judge Bart Lindsav of Knoxville is a leading Republican in the senatorial race. Gen. Harvey H. Hannah of Oliver Springs, chairman of the Tennessee Raiiroad and Public Utilitles Com- ion, a candidate to succeed him- self as a member of the commission, has encountered opposition in the qualifying of Sam E. Hill of Knox- ville, both Democrats. Congressmen are to be selected in the prescribed number of districts in the primaries. NUE & NINTH- « From_ the AVE [—————> published before the war. TYPICAL SEMI-ANNUAL CLEARANCE REDUCTIONS $15.00 Palm Beach Suits now $10.75 $25.00, $30.00 Tropical Worsteds now $19.75 25.00 Silk Suits reduced now to $16.75 $18.00 Linen Suits are now priced $14.75 $35.00, $40.00, $45.00 Flannel Suits are now $27.50 $18.00, $22.50 Mohair Suits priced now at $14.75 $35 to $50 Wool Snits for Men, $25.00 Other $45, 350 Suits now priced at $37.50 P-B $60, $75 Suits are now priced $49.50 (no blue serges in these last 2 lots) Soft Hundreds of Silk Ties at 35c—three for $1.00 $15 Lounging Robes, Silk Mixed and Flannel, $9 $2.50 Lisle Thread Union Suits now priced 85c makes. sizes to $2.50 Golf Hose reduced in Clearance, $1.65 Special lot of Silk and Silk Mixed Shirts, $3.85 P-B Golf Caps, palm beach and linen, $1.65 $12.00, $14.00 Banister Shoes are now $9.50 Special lot $6.00, $8.00 Oxfords, $4.85 $10.00 Cowhide Bags and Suit Cases, $6.75 $9.00 White Flannel Trousers now $7.75 $5.00 White Gabardine Trousers now $3.65 $4.00, $4.50 Linen and Duck Knickers, $3.25 $15.00 White Flannel Trousers, $12.75 $10.00 Striped Serge Trousers, $7.75 Palm Beach Knickers are now priced, $425 18, $20 rts Coats, knit and blue serge, $16.75 ¥ $20.00 %p:md's Hair Coats, now priced, $16.75 $35.00 Camel’s Hair Coats, now priced, $29.75 $7.50 to $12.00 Silk and Silk Mixed Shirts, $4.85 $2.00 and $3.00 Pajamas, clearance priced, $1.65 Any Straw Hat in the P-B Store now $L35, were $3.00 to $5.00 All Boys’ Wash Suits, now 4 off, $2.25 suits, $1.69; $4.50 suits, $3.38 Boys® Wool Suits are greatly reduced for Clearance Sale. Women's and Misses’ Summer Frocks, Half Price sale (Wash Silk l/znd Cousofilk D %im:lfldod) Sports Skirts 1 price, s Y price pgpring and Summer Tailored Suits, now 13 off 49 Tweed, Velour Gabardine and Poiret Suits were $29.50 to $49.50, now $14.75 SEMI-ANNUAL Clearance Sules Immediate disposal was the main thought when plans were made for the Semi-Annua] Clearance Sales. And we've done it by reduc- ing prices—reducing them so low you’ll think you’re reading a paper Collars, 23¢ 5 for $1.00 Featuring nationally known Plenty of styles and select from now —but assortments won’t last long at such a low price. Men’s Shirts, 85¢ 6 for $5.00 These shirts sold formerly for three and four times this price—this special group is of 14 and 14Y; sizes only— but if that’s your size—here’s your shirt. STORE * THE EVENING STAR, WASHINGTON, D. C., THURSDAY, JULY 31, 1924. THE MANS STORES OF WASHINGTON Clearing the Deck— For a New Deal! Starting With Arrival of Fall Purchases D. J. Kaufman, Inc., Will Sell 2-Trousers Suits Only! To Make Room for This Great New Stock of 2-Trousers Suits Every Single Pants Suit Must Go! IMO y&” Tomorrow at 8 a.m. We Throw “On the Tables” Every Single Pants Suit in Both Man's Stores— Every Tropical Summer Suit—Every Spring Suit —Every Fall-weight Suit—Every Fancy Suit— Every Blue Serge Suit—Every Black Suit—All Offered in a “Clear - the -Deck™ Sale—Without Exception and Without Reservation. 2,000 Suits All Told and They Won't Last Long— (to go) s1 6 (to go) $ (to go) *33 No Charge for Alterations Deposit Cheerfully Accepted All *35 Single Pants Woolen & Worsted Suits All #40 & *45 Single Pants Woolen & Worsted Suits All *50 & *55 Single Pants Woolen & Worsted Suits All Palm Beach Single Pants Suits All Mohair Single Pants Suits All Tropical Worsted Single Pants Suits »(to go) $ (ko0 go), ¥ _(to go), s Mcney's Worth or Money Back D.J.KAUFMAN, INC. 1005 Pa. Ave. : 1724 Pa. Ave.