The Bismarck tribune. [volume] (Bismarck, N.D.) 1916-current, 1924-08-27

The setting for the drama in the
case of the two youths who slew
Bobby Franks is behind the smoke
covered. gray walls Of the Cook coun-
ty Criminal Courts building on Chi
cago's West Side. With wondows
open on hot, lazy August day, there
comes the rumble of the city's
streets, the crunching Of truck wa
CONS from the squalid area of Chi,
cago's wholesale district, the clang
of street car gongs, the piercing honl
of automobile horns as impatien,
drivers speed on. Occasionally ther.
Spectators Crowd In
The courtroom scene, one almost
Immediately concludes, is made foi
the spectators. On the judges bench
| were three other men Monday besides
Judge Caverly, visiting judges drawn
to the scene. In the jury box are a
score of newspaper men and one"sob
sister, The "silent" typcwriters
ground out the "copy" while tele-
graph operators sent it out on
"soundless" machines.
From the judges bench to the first
line of spectators was but six or
eight feet; all around spectators
were crowded in. Mr.. Darrow, the
67-year-old veteran of scores of
battles for the liberty of accused
criminals moved to and fro within the
little circle. In the rear Of the room,
which does not comfortably seat
more than 800 people, are several
bailiffs. So great has been the rush
of spectators that one has to pass
several officers to get to the court
room door. Hundreds are disappoint-
ed.
1t is Loeb and Leopold that the
visitors seek, more than the elo-
quence of the lawyers. The gaze of
the spectators roams as the lawyers
argue the cold facts of the case, but
the crowd is quick to catch a retort,
anxious to litter but hesitant to do
so as they feel the spell of Judge
Caverly
U4rfOW Interesting Figure
Mr.. Darrow has made in the case
what many believe will be his last
great plea. He is said to have retired
from the bar but been brought back
by the fearful pleadings Of friends
and relatives Of accused criminals.
He is heavy set; his face is marked
by lines and heavy jowls; his coun-
tenance is severe. One can imagine
him great prosecutor, revelling in
fiery denunciation of criminals, did
he choose to be one.
He speaks with conviction. His
words come as if from man who
has wearied of the world, who has
seen so much of the feebleness of
mankind that his sympathy truly lies
with one who has broken the laws
Of society-because nature made him
weak or because society failed to min
lister unto him and guide him right
ly on a dangerous path.
The lawyer for the defendants at
times seemed unconcious of them,
He was speaking as philosopher,
pleading at the bar for mercy upon
the tortured soul Of weak human,
striking at mans inhumanity to man,
excoriating society for its lust for
vengance.
Opponent Of Hanging
"Hanging", he cried during the
closing phases Of his argument, twas
not created for punishment; it was
created for exhibition. They hung
people by their toes and their hands
in England centuries ago-so that
others might see them"
He is sworn opponent Of capital
punishment. Hanging is demanded
for the murderers of Franks "be-
cause some foolish person conceived
the idea that hanging one man will
prevent another from killing" he
said. The world is stepped in blood
he told Judge Caverly-an inherit
ance from the days of the war when
shedding of blood was common.
Darrow in his long address talked
at times in straight forward manner
at times to the judge-with his face
not more than four feet away from
the judge; again he stepped back
and allowed his emotions to carry
him into a dramatic plea of few
sentences. Occasionally he directed
satire at Robert E. Grove, the states
attorney, but only occasionally did
he look backward to the two youths
who have pleaded guilty. His gaze
found them unperturbed.
Crowd Seeks Boys
Leopold and Loeb came into the
courtroom from the side. but almost
as actors come upon the stage when
their turn is called. The former
pointed in features and aggressive
led the way. Loeb smiled as he pass
ed bailiff. Both were calm. Leopold
gives the impression of being the
stronger, but is said not to be. Loeb
dressed as any college youth who
could buy all the clothes he wanted
would dress, would find welcome
at an afternoon tea. far more quick
ly than from a gang leader seeking
material for new criminals. A mo-
ment's study Of him reveals no trace
of cruelty or meanness, unless it be
weak mouth.
The newspaper men watching the
case marvel at the breadth of Dar-
rows argument, his agility in trans
forming a bit Of evidence Of the state
into a plea for the defense. In end
less procession he uses all the old
tricks of debate and court room hat.