Evening star., 1924-07-21
DARROW THROWS
LOEB AND LEOPOLD
ON COURTS MERCY
Changes Plea to Guilty, But
VIII Present Evidence
of Insanity.
JUDGE WARNS DEATH
PENALTY MAY FOLLOW
Attorney Says Defense Never
Sought to Restore Slayers
to Freedom.
BY the Associated Press.

W TICCuUlu.
By the Associated Press.
CHICAGO. July 21.-The fate of
Nathan Leopold, J-., and Richard
Loeb. indicted for the kidnapping and
murder of 14-year-old Robert Franks,
was rested today lin the mercy of the
court"
The degree of punishment which
may vary from an indeterminate
prison sentence. through life sentence
IN the penitentiary, incarceration in
an asylum or death, will be deter
mined after a hearing which is to
start at 10 am. Wednesday.
This resulted from a plea, of
guilty made today in court by
Clarence S Darrow. chief counsel for
the boys. and affirmed by them after
they had been duly warned by the
court of the consequences of this
plea
In entering the plea of guilty At
torney Darrow said that the defense
admitted the correctness of the facts
Substantially as printed in the news
papers"
Evidence of Insanity.
He asked permission of the court,
however. to offer evidence as to the
mental condition of these Young men
and their degree of responsibility"
The defense was willing to submit
the question OF mentality to a joint
conference of alicnists employed by
the State and the defense, but Robert
Grove States attorney, objected to
this. saving:
THE State is in position to show
that these boys are not only guilty
of the fact which they here admit
but that beyond any reasonable doubt
they are Sane and fully cognizant
Of the consequence of those acts
Judge John Il CaverIy agreed with
the attorneys. therefore. to hssar such
evidence, both As to facts and men
tai responsibility. as the two sides
might wish to present to him for
his information.
States Attorney Grove declared in
q statement issued after the proceed
ings that he would insist on the ex-
trcme penalty for both defendants
The statement Of : ates Attorney
Grove follows:
There was nothing left for Loeb
and Leopold TO do but plead guilty.
The proof was 50 overwhelming that
no jury could return any verdict ex-
cept Que of guilty.
THE crime was so cold blooded.
premeditated and atrocious that no
jury could fix any other punishment
*
proper punishment. That is death,
and | shall insist ,on the extreme
penalty as to both Of them.
viii Hasten Hearing.
Judge Caverly. realizing the grave
responsibility which the sudden turn
in the nortorious case places upon him,
told the attorney, he would let moth
ing interfere with as speedy a con-
clusion of the hearing as possible.
Attorney Clarence Darrow, in pre-
senting his motion to change the
plea, addressed the court as follows:
Your honor: MIR Bachrach and my
self and all of those concerned in
this case for the defense are fully
aware of the responsibilities involved.
The case has attracted an un-
usual amount of attention and the
theory has been advanced that the
defense wishes to restore the defend
ants to society.
Il wish to say frankly to the court
that we never have entertained such
an idea"
Should BE Isolated.
We are of the opinion that these
two young men should be perman-
emily isolated and it never was our
intention to attempt to restore them
to freedom
I'VE must consider in this case
the standpoint Of the public, who are
rightfully interested in the proceed
ings. 1t would necessarily take a
great deal of time to choose a jury.
especially at this hot season of the
year.
we have considered a change of
venue from this county. 1t seems
plain that it would be difficult to
have a fair trial here because of the
intense feeling aroused by the crime,
but in my practice of 81 yeras as a
lawyer in Chicago. I have asked but
one change of venue and that was at
the advice of my client and against
my own convictions. Moreover, the
facts in this case are as well known
outside of Cook County and outside
of Illinois as they are in Chicago.
Wants Boys Incarcerated.
TT is our intention merely to see
that these two defendants are safely
iLcarcerated for the rest of their
lives
Therefore, 1 move to withdraw the
plea of not guilty and to enter pleas
Of guilty fer both defendants"
The youthful defendants, only
slightly wan from their Incarceration
in Jail, greeted their attorneys with
smiles as they entered court and
calmly affirmed the plea entered in
their behalf by Mr. Darrow Leopold
was called first to the bar or the
court and was asked this question:
knowing that the court may SEN
'tenoe you TO death, to Imprisonment
for life or for term OF years, do
you still desire to plead guilty."
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