Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-07-22
PLACE THEMSELVES
ON MERCY Of COURT
AS |RRESPONS|BLES
Sanity Debate Is Scheduled
Wednesday; State to Insist
On Moose as Penalty

CHICAGO, July 21.-(By the AS
ISOLATED Press.) - The fate of Ma
than Leopold, Jr., and Richard Loeb,
indicted for the kidnapping and MUIR
der of 14-year-old Robert Franks,
was rested today lin the mercy Of
the court"
This resulted from plea of
guilty" made today in court by
Clarence S. barrow, chief counsel
for the boys, and affirmed by them
after they had been duly warned by
the court of "the consequences of
this plea
The degree of punishment which
may vary from an indeterminate
prison sentence, through life sem
tence in the penitentiary, incarcera.
ton in an asylum or death, will be
determined after a hearing which is
to start Wednesday morning at 10
o'clock.
In entering the plea of guilty, At
torney barrow said that the defense
ttulllIIJCu IllC NOI1CNlllSoo VI LllV
facts, substantially as printed in
the newspapers" !"
Asks to Prove Insanity
He asked permission of the court,
however, ito offer evidence as to
the mental conditions of these young
men and their degree of responsible
ity."
Having presented this evidence"
barrow said, 1--WE will throw our
selves on the mercy of the court"
At another point, Mr.. barrow
said:
''The defense fully realizes that
the defendants should be permanent
ly isolated from society"
Judge John r. Caverly ruled that
the state should be permitted, re-
CARELESS of the plea of guilty by the
signed to prove the mental respon-
sibility of the two youths, and set
the hearing on the point for We'd
nesday morning.
iS dSLCllSC WdS WILLIE " ouD-
NIT the question of mentality to a
joint conference of alenists employ.
ed by the state and the defense, but
States Attorney Grove objected to
this, saying:
THE state is in position to show
that these boys are not only guilty
of the facts which they here admit,
but that beyond any reasonable
infant of the consequences of these
facts"
Will Speed Conclusion
Judge Caverly agreed with the at.
torneys, therefore, to hear such evil
dence, both as to facts and mental
responsibility, as the two sides
might wish to present to him for
! his information.
Judge CaVerly. realizing the grave
responsibility which the sudden turn
in the notorious case placed upon
! him, told the attorneys he would let
nothing interfere with as speedy a
/ NOhCluolOu VI the uedIlUS DIS pOSSl-
! BILE.
States Attorney Grove declared
in a formal public statement issued
after the proceedings that he would
insist on the extreme penalty" for
both defendants.
The statement of States Attorney
Grove follows:
There was nothing left for Loeb
and Leopold to do but plead guilty.
The proof was SO overwhelming that
no jury could return any verdict ex-
cept one of guilty.
The crime was so cold FLOODED,
premeditated and atrocious that no
jury could fix any other punishment
except death. There is only one
proper punishment. That is death,
and L shall insist on the extreme
penalty as to both of them
Youths Affirm Pleas
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.. barrow. Leo
pold was called first to the bar of
the court and was asked this ques-
tA9n:
! Knowing that the court nIsv se&.,
tence you to death, to 1mprTsOHrent I
for life or for a term of years. do
you still desire to plead guilty?" -
Yes sir" was the response.
The same question was ask
Loeb and the answer was identical. Z
Both boys were neatly clad, fresh
ly shaved and wore correctly fash
Toned bow ties.
Aside from their first greeting to
counsel, and their initial glances
about the crowded space before the
bench, they gave little evidence OF
curiosity in the proceedings. Both
! sat quietly in front of guards who
| brought them into court.
Jacob Loeb, wealthy uncle of Rich
ard, and former president of the
Chicago Board Of Education, and
Allen Loeb, younger brother Of one
of the defendants, entered the court .
room with the defense counsel. Ma .
than Leopold, ST., and Foreman Leo
pold, a brother, were at the counsel
table.
Did Not Hope to Free Them
Attorney barrow, in presenting
his motion to change the plea, adj
dressed the court as follows:
"Your Honor: Mr.. Bachrach and
myself and all Of those concerned
in this case for the defense are fully
aware Of the responsibilities ip-
volved.
THE case has attracted an zn:>s