The Washington times., 1924-08-20

every act leading up to the kid
naping and Staying.
Then he read what the statutes
have to say and what the supreme
court Of Illinois has said on the
subject Of malice aforethought."
1t constituted a lot, and the gist
of It all was that there could be
little or no mitigation where a
murder has been done with malice
aforethought."
Defense Hard Hit.
Marshall read case after case
which strikes at the basis of the
defense. He read decisions featur-
ing malice aforethought, the neces.
sity for establishing a corpus
delecti-a scofe Of them. Finally,
Finally Judge Caverly exhibited
signs of WEAKNESS.
II don't want to impose any
limitations upon either SIDE" he
said patiently, ''bu tit seems to me
to be entirely unnecessary to read
some OF these cases."
THE defendants in this case have
not denied single allegation con-
tanned in the indictment. They
have admitted everything"
My only object, your honor" re.
piled Marshall, lis to present a cor
rect and comprehensive basis for
the measurement of the turpitude
involved here. 1 do not want to
overlook a single thing in case that
might aid the court in establishing
such a basis"
The Judge waved his hand re-
signedly and the lawyer continued.
Cites Cool Planning.
He cited again the cool, deliberate
PLANNING, how they had secured spy
glasses with which to watch the
Harvard School where dozens of
little boys were playing; how they
finally decided on young Franks
because he was available; how
they struck him four times on the
head with q cold chisel; how he
bled; how they carried the body
around. in the car, and even ate
sandwiches over his corpse; how
they finally stripped the body and
hid it in the culvert.
And ii was not until all this
Marshall said, that they calmly
came back home, washed the blood
cut of the car, and write the ransom
letter demanding $4,000 in old bills
They wrote 1T on typewriter stolen
for that purpose.
Where is mitigation? Loeb said
he could have backed out of it any
time he wanted to only he didn't
want to be GUTTER
Youth No Extenuation.
They wanted to be master
criminals. It is proved here. And
they wanted to commit the perfect
crime. They succeeded in a de-
liberate attempt, to commit the most
atrocious crime in the history OF
illinois,"
Is there anything, he asked, in
the fact that Loeb and Leopold are
under ,twenty-one. And then he
proceeded to answer his own ques-
ton by reading a decision Of the
supreme court Of Illinois providing
youth is no extenuation If the de.
PENDANTS are normal, healthy young
men.
Minors can be tried and con
victed the same as adults" was
one line of it which Marshall EN-
phasized.
He read half dozen decisions OF
courts wherein the defendants were
minors. All Of them struck at the
defense's case in this trial.
Marshall went outside Illinois to
find decisions showing that youth
is no mitigation, providing the de-
PENDANT is at the age and mental
stage where he is legally account
able" In most cases this age was
fixed at fourteen. He cited cases
in New Jersey, Tennessee, and Mis-
souri,
And in none of theb, he contend
ed, were there. circumstances show
ing "a crime so vicious, SO bastard
ly, so wanton as this, the most
reinous crime in the history OF
Illinois,"