The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1924-08-21
MOOSE ONLY CURE
FOR TWO SLAYERS
States Attorney Demands
Hanging as Penalty for
Leob and Leopold.
MARSHALL LEADS
Defendants Apparently Uncon--
cerned as Court Is Urged to
Give Extreme Penalty.

Chicago, Ill.-Two of the three nigh
crimes for which Illinois provides the
death penalty-murder, rape and kid
naping-were committed by Nathan
Leopold, Jr., and Richard Loeb, in a
manner justifying nothing less than
death on the gallows, Thomas Mar
shall, assistant states attorney told
Judge John r. Caverly today.
He urged the extreme penalty in an
argument based upon the phraseology
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 text 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 voice
raised in tone and emphatic in its
deliberateness.
! The defendants gave no visible
signs that the phrase "death penalty"
| had been heard by them. They seemed
more interested in the notes being
made by Clarence S. barrow and his
associate counsel for the defense.
| The attorney ridiculed the defense
attempt to show mitigation of punish
ment by the testimony of mental
experts.
"No philosophy is an excuse for
crime" was Mr.. Marshalls text on
L H.,
drawing parallels between Leopald's
sand Loeb's belief in, their own powers
3a9d the Ehisosophfes Of anarchists,
communists ana Mormons who were
convicted oil violating laws Of the land
despite reliance upon their beliefs as
| justification for their acts.
Early arrivals at the court today
found new setting for the forensic
efforts which are winding up the hear
ing. The space in front of the bench
had been cleared Of chairs, seats for
privileged spectators within the en-
closure reduced in number and the
| lawyers given room in which to move
about and gesture without danger Of
committing accidental assault on
fellow members Of the bar or the
defendants.
Plenty of Room for Marshall.
Thomas Marshall, assistant states
attorney, who yesterday started the
final summing up with an exposition
of the prosecutions legal views, had
room to do more than rise on his toes
and sweep one arm downward, which
comprised almost his sole gesture
yesterday
The new arrangement transferred
Jacob Franks, father of the victim,
from his accustomed place back OF
the defendants to a seat in front OF
the witness stand whence he faced
squarely the slayers of his boy.
The defendants new places were
chair depth back of their former posi-
ton. They gave no visible sign OF
perceiving Mr., Franks, chatted mo-
ment with Clarence S. Marrow, Benz
jamin and Walter Bachrach, their
counsel, and then settled back to
listen to Mr.. Marshall.
BENJAMIN Bachrach tried to show
typewriter paper to the youthful
criminals, but was stopped by one Of
the guards. Leopold expostulated but
was Modified by an explanation.
Hits at "super-Men."
The assistant prosecutor started
with reference to defense testimony
that Leopold considered himself a
super-man. $50 did the Chicago an
archist of thirty-fve years ago con-
slider themselves super-men, sad Mr..
Marshal "They sought to destroy
the law with dynamite. These men
would destroy it by other means but
on similar physiological grounds"
! He read from the records of the
Haymarket riot trials and drew
parallel between speeches by Parsons,
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 executed by the
law that they damned, not for their
philosophy, but for their violation
of law"
Mr.. Marshall in similar vein dis
cussed the more recent communist
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 Go not protect him from tho
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 polygamy
cases against Mormon leaders were
referred to as another instance in
which a philosophy was disregarded
by the courts as mitigation.
want of consciousness of criminal
intent is no excuse at law" read Mr..
Marshall from this case.
Crush at Afternoon Session.
One of the worst brushes of the
hearing preceded the start Of the
afternoon session. The court was