Atlanta tri-weekly journal. [volume] (Atlanta, Ga.) 1920-19??, 1924-08-21
DEATH DEMANDED
FOR BOY SLAYERS;
ARGUMENTS BEGIN
State Attorney Picks Flaws
In Defense Plea of
responsibility

CHICAGO, Aug. 19.-(By the AS
ISOLATED Press. Testimony was fin
ished today in the case of Nathan
Leopold. Jr., and Richard Loeb con
fessed murderers of Robert Franks
A final exchange of pleasantries be
tween DIR. William O.. Krohn, state
alieniSt, and attorneys for the de
phase of the proceedings.
AS both sides declared their cases
complete, the attorneys gathered be
fore the bench and conferred as to
procedure on arguments. Thomas
Marshall, legal expert, for the states
attorney, was announced as the
opening orator for the prosecution.
A five-minute recess preceded the
start of the arguments.
There is only one penalty appli-
cable here" said Mr.. Marshall at
the start of his argument. THAT
penalty is death. The lower punish
ments apply only to~lesser crimes. .
''If this case does not deserve
death, then there has never been a
case in Illinois that deserved that
punishment, he added.
Requires Written Arguments
Judge Caverly announced that he
wanted both sides to submit written
conclusions, containing statement
of opinion and reasons therefor. He
also asked for a complete copy of
the confessions of the youthful slay-
ers as he has never read them, and
for the records of certain medical les
timony.
The court announced that the tes-
timony on the kidnapping charge
would he given after the final argu-
ments on the murder indictment.
The. attorneys agreed this should not
last more than half hour. The
fudge stated that at that time he
would announce the date upon
which his decision would be given.
Mr.. Marshall stood directly in
front of Judge Caverly and sway
ing back and forth without chang
ing the position OF his feet, he read
off his printed manuscript in a
tenor voice that carried to every
portion of the court room. His eyes
were seldom focused on the judge,
who leaned back in his swivel chair
and eyed the ceiling, OCCASIONAL
changing his position tc make note
of a citation.
cat common Jaw the punishment
in all cases OF murder was death,
but in our law the puni shment may
be IA years in the penitentiary, life
Imprisonment, or death" read Mr..
Marshall.
He eXpounded the idea that since
q plea of guilty had been filed by
Leopold and Loeb, the functionins
of fixing the fenalty, usually a
duty of jury, deVolved upon Judge
Caverly.
I'm the case growing out of the
1917 East st. Louis race riots" said
Mr.. Marshall. 1.-The supreme court
passed upon the question of admit
ting certain testimony in mitigation
of the offense. 1t was held that the
cammission of wanton acts by one
y cNe did not justify similar acts by
PIE other"
y He read from that decision that
the law designed that punishment
should be proportional to the turpi-
tude of the offense.
"Turpitude, he read from an.
other decision, includes everything
done contrary to decency, honesty or
good morals.
IAN Oregon case was cited to
strengthen this phraseology.
I'VE are here in proceeding TO
fix punishment in a case where az
gravation and mitigation are consid-
cred because the law of Illinois SO
provides, said Mr. Marshall, and
read from the statutes in support OF
this lea.
There is no distinction between
man and man before the bar of jus
tice," he continued. Poor and rich.
old and young, the learned and the
unlettered are all within the reach
of the law. No man is above it,
And in exercising judicial discretion
here, the court is bound to follow
the LAW .
Mr.. Marshall said the court was
bound TO consider first, responsible
ity; Sc ond, mitigation, and third.
-. IL 4 IL g.
nitions ST these terms and followed
with Quotations from various deci-
sions giving legal interpretations.
II an combining the discussion of
the legas aspects of this case to these
three subjects" he explained.
Question of Responsibility
"Respt visibility" he said. lis with
out degree. 1t is fixed.
IF Loeb and Leopold are reSpon.
sible enough TO receive a sentence
TO the penitentiary. they are by
that same responsibility responsible
enough to be sent to the sallows.
Responsibility when fixed, there
fore, demands that the court set the
punishment in accordance with the
mitigation and turpitude Of the of
Tense"
Where the person can distinguish
between right and wrong, he cannot
escape tie responsibility for his act
on plea If insanity" was read from
an Illinois case.
This Language" said Mr.. Marshal
to the court. lis exceedingly mpor
tant, as we understand IT.
He read the finding again, empha
sizing passage that stated ii
would be dangerous to hold that
person might not be responsible al
though he was not entirely sane.
THAT is the law" said Mr.. Mar
shall. land il is clear that one may
he partly insane and Vet be legally
responsible and sentenced to DEATH