The Union Daily Times

Chicago, Aug. 11.--(By the Associated Press.)--In another week, Nathan Leopold, Jr., and Richard Loeb may know the penalty the law will demand from them for kidnaping and slaying Robert Franks--whether they will be hanged or their attorney's plea for mitigation has been successful. A speedy close of the hearing was indicated by defense announcement that only two more witnesses, brothers of the two defendants, are to be called.

Chicago, Aug. 10.--All evidence in the hearing to determine the punishment to be meted out to Nathan F. Leopold, Jr., and Richard Loeb for the murder of Robert Franks will be completed by Thursday or Friday of this week, it was intimated today by Robert E. Crowe, state's attorney.

Unlimited argument is expected to follow the state's rebuttal testimony which will be started when the defense rests tomorrow or Tuesday. Closing pleas, it was said, probably will not be made until the middle of the next week.

Dr. Robert S. Hulburt, Chicago alienist who testified Saturday that abnormal activities of certain of Leopold's glands had advanced his intellectual powers while at the same time retarding his emotional development will take the stand again tomorrow to be cross examined. Defense counsel has suggested that Dr. Hulburt will be the last witness they will present to give direct testimony. Foreman Leopold and Ernest and Allen Loeb, brothers of the two defendants, and Jacob M. Loeb, uncle of Richard, are expected to be called merely to identify exhibits.

The first rebuttal witness for the state may be Miss Susan Lurie, for whom Leopold has expressed affection. Miss Lurie was found after a day's search in Milwaukee, where she was visiting friends. Although at first refusing to return to Chicago in compliance with a subpoena she later agreed to do so.

Another rebuttal witness whom the state deems important is Thomas Gregory, valet to Loeb for several years. He is expected to testify as to Loeb's most intimate personal life and habits. Others in the state's list of prospective witnesses include Drs. William O. Kohn, H. Douglas Singer and Hugh Patrick, alienists; several instructors and students at the University of Chicago, and a number of prominent men and women who attended Leopold's classes.

In testimony Saturday Dr. Hulburt stressed the point that according to his diagnosis Leopold's endocrine glands were responsible for his condition. He said that biological factors had driven "Babe" into a childish compact with "Dickie," whereas Loeb was attracted to his companion by criminalistic tendencies.

"Loeb did not crave the companionship of Leopold," the doctor asserted, "nor did he respect him thoroughly. But he did feel the need of some one else in his life.

Leopold did not like the faults, the criminal ties of Loeb but he did need some one in his life to carry out his king-slave phantasy.

"Their judgment in both cases was not mature enough to show them the importance of trying to live their own lives and not lead a life with a close friend."