New Britain herald., 1924-09-10
Two Killers of Franks Boy Sentenced By Judge Caverly Who Takes Youth Into Ac- count Elaborate Po- lice Arrangements To Protect Court From Violence.
PRISONERS CALM AS
 THEY LEARN FATE.
By The Associated Press.

By The Associated Press. | Criminal Courts Building, Chicago, H., Sept. 10.-Sentences of life im- prisonment for the murder of 14 year old Robert Franks and 99 years Imprisonment for Kidnapping the boy, were meted out today to Nathan F. Leopold, Jr., and Richard Loeb by Judge John R. Caverly. The youth of the defendants, IS and 19 years, was all that saved them from the moose.
 Not a muscle moved in Leopold's face as Judge Caverly indicated life imprisonment was his fate. Loeb rapidly blinked his eyelids, gulped almost unnoticeably and slightly contracted his lips. Not portion of their bodies moved.
 Tt would have been the path of least resistance to impose the ex- treme penalty of the law" said the grey-haired judge in his decision. Tn choosing Imprisonment instead of death the court is moved chiefly by the age of the defendants, boys of IS and 19 years.
 Tt is not for the court to say that he will not in any case enforce capital punishment, but he believes 1t is within his province to decline to im- pose the sentence of death on per- sons who are not of full age" This determination appears to be in accordance with the progress of criminal law all over the world and to the dictates of enlightened hu- manity. More than that, it seems to be in accordance with the pre- cedents in this state. The records of Illinois show only two cases of minors who were put ito death by legal process to which number the court does not feel inclined to make an addition"
 Judge Caverly added that while life imprisonment may not strike the public imagination as forcibly as would hanging" yet ito the of- lenders, particularly of the type they are. the prolonged suffering of yeaps of confinement may we'll be the severer form of retribution and ex- piation."
 He pointed out that under the state law it is within the discretion of the department of public welfare never to admit these defendants to parole and that If this course is persevered in. the punishment will satisfy the ends of justice and safe guard the interests of society.
 Court adjourned ten minutes aft- CT convening. ,
 Leopold and Loeb were quickly on their feet when court had been adjourned. Leopold, by his own momentum and the thrust of his bailiff was almost through the crowd en route back to his cell be- fore Loeb had been started. Loeb took few seconds to grip Darrow's arm and pressed his lips in an evil dent control of emotion.
 Robert F. Grove, states attorney. in a statement immediately after the session said:
 q still believe that the death penalty is the only penalty feared by the murderers,"
 He said the responsibility for the decision rested with the court alone and that he had no desire to criti- cize it, but that he would continue 10 do everything within my power to enforce the law honestly and vigor- ously without regard to the status of the criminal"
 Tt was all we could have asked for said Clarence S. Darrow, chief defense counsel. There will be no appeal"
 T do not regard it as a victory except a victory for justice" said Benjamin Bachrach of defense coun- sel. as he shook off those who of- fered congratulations on the youths escape from the moose. Do not congratulate me personally"
 Nathan F. Leopold, Sr, sat silent ly weeping, He offered no comment and merely nodded his head when friends grouped about him and whispered in his ear.
 Foreman Leopold, Nathan's older brother, relaXed vlsihly as the judge reached the words of his statement which meant life imprisonment for the youths He had sat with tense face as the judge read from his manuscript
 He declined 10 comment and merely smiled as friends crowded about and spoke to the members of the Loeb-Leopold group.
 Allan Loeb, athlete brother of Richard, beamed smiles but said nothing. Jacob Loeb. uncle Of Rich ard and former head Of Chicago's public school board. remained silent, although he relaxed visibly after sentence was passed.
 The Ioebs and Leopolds watched anxiously as Nathan, Jr.. and Rich ard were pushed quickly back to the elevator 10 he returned 10 their
 CContinued on Third Paee)