The Birmingham age-herald., 1924-09-11
Parole Privilege Should Be Withheld, Says
 Caverly
(By Associated Press.)

CHICAGO, Sept. 10.--Youth alone saved Nathan Leopold, Jr., 19, and Richard Loeb, IS, from death on the gallows for the Kidnapping and murder last May of 14-year-old Robert Franks.
 Instead, Judge John R. Caverly. re. tiring chief justice of the criminal court of Cook county, sentenced the two young intellectuals to life impris- onment on the murder charge and to terms of 99 years imprisonment for the kidnaping Under the latter, it was stated, they cannot be released on pa role until they have served more than 37 years in the Joliet penitentiary. The life term alone would have per- mitted such release after about 20 years.
 But the court urged that this privi- lege be never extended to the self con- fessed doers of what he called "an abhorrent crime"
 He found no mitigating circumstance in the evil deed itself, its motive or lack of motive or in the personalities and antecedents of the boys; but he said he chose imprisonment instead of death because of the age of the de- fendants.
 AcCOruS Wltn Law.
 ''This determination appears to be in accordance with the progress of crim- in all law all over the world and with the dictates of enlightened humanity" said Judge Caverly. "More than that, it seems to be in accordance with the precedents hitherto observed in this state. The records of Illinois show only two cases of minors who were put to death legal process-to which num- Der the court does not feel inclined to make an addition"
 The judicial words seemed almost an echo of the eloquence of Clarence $. Darrow, who in his closing plea for the boys denounced hanging as bar barrie, especially in the case of the young, and urged that "mercy is the highest attribute of humanity"
 Ut was all we could have asked" he said today after the judgment had been rendered.
 In contrast, Robert E. Grove, states attorney, and formerly himself an occu- pant of the place held by Judge Cav erly, said:
 While I do not intend and have no desire to criticise the decision of the cLllt DCllCNC lhdL AS thS only penalty feared by murderers." 7
 Even as Judge Caverly declined to break precedenf by sentencing the boys to hang, so he declined to make prece- dent by ruling definitely on the big legal technicality of this case, whether degree of mental sickness short of legal insanity, might be linked with moral turpitude as a mitigating cir All Ahra,,oh thu cfv Nunoty c of the hearing this question was the technical background, with the state attorney trying to switch the proceed ings into an insanity hearing and the defense insisting that the question of the plea of guilty.
 A 1O-Minute Scene.
 Ten short minutes served for enact ment of the final court scene in the unparalleled criminal drama, but it was ten minutes crowded with suspense. The old room held all the familiar fig ures save Jacob Franks, father of the victim, when court convened promtply at 9 80 a. m. While only attorneys, members of the interested families, court attaches, guards and newspaper workers were admitted, there was so many of the two latter classes that the circle before the bench was damned and nearly half of the public space was occupied.
 Shows Effects of Strain.
 Judge Caverly plainly showed the eff fleets of the weeks of strain both in his features and voice. The latter was high pitched and the delivery jerky in contrast with the low even tones in which he had conducted the proceedings