The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-08-20
PHILOSOPHY IS
NOT A DEFENSE
ASSERTS STATE
First Lawyer For Prosecu-
tiOn Cites Riot and Com
munist Cases to Court
CITES THE COLD LAW
Reads Passages Defining
What Crimes Shall be Fol-
lowed by Death Penalty

Chicago. Aug. 2O.-Two of tho
three high crimes for which Illinois
provides the death penalty-murder.
rape and kidnaping-were committed
by Nathan Leopold Jr. and Richard
Loeb in a manner justifying nothing
less than death on the gallows.
Thomas Marshall, assistant states
attorney. told Judge John r. Cayer-
ly today.
He urged the extreme penalty in
an argument based upon the phrase
oiogy of the Illinois laws and the
formal charges connected with the
kidnapping and murder of Robert
Franks, to which the defendants have
pleaded guilty.
Judge Caverly opened book of
law and followed the law as Mr..
Marshall read the cold, hard phrases
defining murder and kidnapping as
capital crimes in this state. The
phrase "shall suffer the penalty of
death" was always brought out in a
voice raised in tone and emphatic in
its deliberateness.
Defendants Calm
The defendants gave no visible
sign that the phrase" death PEN
atty had been heard by them. They
seemed more interested in the notes
being made by Clarence Darrow
and his associate counsel for the
defense.
The Attorney ridiculed the defense
attempt to show mitigation of pun
ishment by the testimony of men,
tai experts.
mo philosophy is an excuse for
crime" was Mr.. Marshalrs text on
that point, and he worked it out by
drawing parallels between Leopold
and Loeb's beliefs in their own power
and the PHILOSOPHERS of anarchists.
communists and Mormons who were
convicted Of violating the laws Of
the land despite reliance on their
as justification for the
acts.
The Super-Man Theory
The assistant prosecutor started
with reference to defense testi-
mony that Leopold considered hin.
self super-man.
$50 did the Chicago anarchists Of
35 years ago consider themselves
supermen." said Mr.. Marshall. "They
sought to destroy the law with dyna-
mite. These men would destroy it
by other means but on similar phil
osophical grounds"
He read from the record of the
Haymarket riot trials and drew
parallel between speeches by Par
sons. Spies and their associates and
the ideas Of the defendants.
"The philosophy here is that the
law has no application" said Mr..
Marshall. "The anarchists were ex-
ecuted by the law that they damned,
not for their philosophy but for
their violation of law"
Other Cases
Mr. Marshall. in similar vein,
discussed the more recent commun-
ist cases in which the millionaire
Lloyd was the central figure.
"Upon what theory can it be said
that the views of Leopold Jr.. since
they do not protect him from the
consequences of his act, can be
urged in mitigation of his crime ?"
asked Mr.. Marshall.
The findings of the supreme court
of the United States in the poly
gamy cases were referred to in an
other case in which philosophy
was disregarded by the court in plea
for mitigation.
Chicago. Aug 2O.-The long legal
battle in which the state demands
death and the defense Imprisonment
as the penalty for Nathan Leopold
Jr. and Richard Loeb. co-murderers
of Robert Franks. today had reached
the stage of final argument.
Pursuing the same objective that
it did in its testimony the prosecu-
tion in it's opening salvo of oratory
has declared that only the gallows
would expiate the crime to which the
youths, millionaires' sons and uni
versity graduate students, have
pleaded guilty. For the next two
days states attorneys will reiterate
the demand in their arguments.
Mitigation of punishment, which
throughout has been the plea of the
defense. based on theory of men,
tai sickness caused by functional
disorders of the endocrine glands,
childish phantasies and deficient
emotions. will be argued by Walter
and Benjamin Bacharach and Clar-
ence Darrow, defense counsel, in the
three days they plan to use. Then
Robert E. Grove. states attorney,
will take 2 or hours in the final
,ffor% %o ;rduca Judno John r Gov